tuesday, march 6, 2018 - legis.iowa.gov 06, 2018.pdf · 58th day tuesday, march 6, 2018 463 also:...

PROOF

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

STATE OF IOWA

House Journal

TUESDAY, MARCH 6, 2018

Produced daily by the State of Iowa during the sessions of the General Assembly.

(The official bound copy will be available after a reasonable time upon adjournment.)

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

462 JOURNAL OF THE HOUSE 58th Day

JOURNAL OF THE HOUSE

Fifty-eighth Calendar Day - Thirty-ninth Session Day

Hall of the House of Representatives

Des Moines, Iowa, Tuesday, March 6, 2018

The House met pursuant to adjournment at 8:32 a.m., Fry of

Clarke in the chair.

Prayer was offered by Pastor Dan Schoepf, Calvary Church, Muscatine.

He was the guest of Kaufmann of Cedar.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Rylee Lobberecht, Page from

Eddyville.

The Journal of Monday, March 5, 2018, was approved.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Madam Speaker: I am directed to inform your honorable body that the Senate has

on March 5, 2018, concurred in the House amendment and passed the following bill in

which the concurrence of the Senate was asked:

Senate File 2131, a bill for an act expanding the Iowa learning online initiative to

include students receiving independent private instruction, competent private

instruction, or private instruction and providing for related fees, directing the area

education agencies to convene an online learning working group, and including

effective date provisions.

Also: That the Senate has on March 5, 2018, passed the following bill in which the

concurrence of the House is asked:

Senate File 2314, a bill for an act relating to certain corporations doing business in

this state, including restrictions and requirements imposed on nonprofit corporations

acquiring agricultural land used in farming, and the duties and liabilities of directors

of for-profit and nonprofit corporations.



Senate File 2345, a bill for an act concerning manufactured homes by creating a

manufactured housing program fund and providing eligibility under the home

ownership assistance program for military members for the purchase of manufactured

homes.

https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=SF2131



58th Day TUESDAY, MARCH 6, 2018 463



Senate File 2349, a bill for an act relating to association health plans, a type of

multiple employer welfare arrangement, established by bona fide associations of

employers.

W. CHARLES SMITHSON, Secretary

The House stood at ease at 8:39 a.m., until the fall of the gavel.

The House resumed session at 11:02 a.m., Windschitl of Harrison

in the chair.

CONSIDERATION OF BILLS

Regular Calendar

House File 2130, a bill for an act relating to probate, by

amending the probate powers of the clerk and conforming the probate

procedures to electronic data management systems standards, was

taken up for consideration.

Koester of Polk offered amendment H–8137 filed by him and moved

its adoption.

Amendment H–8137 was adopted.

SENATE FILE 2098 SUBSTITUTED FOR HOUSE FILE 2130

Koester of Polk asked and received unanimous consent to

substitute Senate File 2098 for House File 2130.

Senate File 2098, a bill for an act relating to probate, by

amending the probate powers of the clerk and conforming the probate

procedures to electronic data management systems standards, was


Koester of Polk moved that the bill be read a last time now and

placed upon its passage which motion prevailed and the bill was read

a last time.

On the question “Shall the bill pass?” (S.F. 2098)


https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=HF2130

https://www.legis.iowa.gov/legislation/BillBook?ga=87&ba=H8137









The ayes were, 95:

Abdul-Samad Anderson Bacon Baltimore

Baudler Baxter Bearinger Bennett

Bergan Best Bloomingdale Bossman

Breckenridge Brown-Powers Carlson Cohoon

Cownie Deyoe Dolecheck Finkenauer

Fisher Forbes Fry Gaines

Gaskill Gassman Grassley Gustafson

Hagenow Hager Hall Hanusa

Heartsill Heaton Hein Highfill

Hinson Holt Holz Hunter

Huseman Isenhart Jacobsen Jacoby

Kacena Kaufmann Kearns Kerr

Klein Koester Kressig Kurth

Landon Lensing Lundgren Mascher

Maxwell McConkey McKean Meyer

Miller, H. Miller, P. Mohr Mommsen

Moore Nielsen Oldson Olson

Ourth Paustian Pettengill Rizer

Rogers Running-Marquardt Salmon Sexton

Sheets Sieck Smith, M. Smith, R.

Staed Steckman Taylor, T. Thede

Upmeyer, Spkr. Vander Linden Watts Wessel-Kroeschell

Wheeler Wills Winckler Wolfe

Worthan Zumbach Windschitl,

Presiding

The nays were, none.

Absent or not voting, 5:

Heddens Jones Nunn Prichard

Taylor, R.

The bill having received a constitutional majority was declared to

have passed the House and the title was agreed to.

House File 2234, a bill for an act relating to shortening the

periods of time for redeeming real property from foreclosure and

delaying sale of foreclosed property, was taken up for consideration.

McConkey of Pottawattamie offered amendment H–8038 filed by

him and moved its adoption.

Roll call was requested by McConkey of Pottawattamie and

Bearinger of Fayette.




On the question "Shall amendment H–8038 be adopted?" (H.F. 2234)

The ayes were, 39:

Abdul-Samad Anderson Bearinger Bennett

Breckenridge Brown-Powers Cohoon Finkenauer

Forbes Gaines Gaskill Hall

Hunter Isenhart Jacoby Kacena

Kearns Kressig Kurth Lensing

Mascher McConkey Meyer Miller, H.

Miller, P. Nielsen Oldson Olson

Ourth Running-Marquardt Smith, M. Smith, R.


Wessel-Kroeschell Winckler Wolfe

The nays were, 57:

Bacon Baltimore Baudler Baxter


Carlson Cownie Deyoe Dolecheck

Fisher Fry Gassman Grassley

Gustafson Hagenow Hager Hanusa


Hinson Holt Holz Huseman

Jacobsen Kaufmann Kerr Klein

Koester Landon Lundgren Maxwell

McKean Mohr Mommsen Moore

Paustian Pettengill Rizer Rogers

Salmon Sexton Sheets Sieck

Taylor, R. Upmeyer, Spkr. Vander Linden Watts

Wheeler Wills Worthan Zumbach

Windschitl,

Presiding



Amendment H–8038 lost.

Meyer of Polk offered amendment H–8148 filed by him and moved

its adoption.


Lundgren of Dubuque moved that the bill be read a last time now

and placed upon its passage which motion prevailed and the bill was

read a last time.







On the question “Shall the bill pass?” (H.F. 2234)

The ayes were, 57:















Windschitl,

Presiding

The nays were, 39:















House File 2253, a bill for an act regarding competitive bidding

requirements for construction by a private party of property to be

lease-purchased by certain government entities and including effective

date and applicability provisions, was taken up for consideration.

Landon of Polk offered amendment H–8174 filed by him and

moved its adoption.







Landon of Polk moved that the bill be read a last time now and


a last time.


The ayes were, 57:















Windschitl,

Presiding

The nays were, 39:















Baudler of Adair in the chair at 11:40 a.m.



House File 2258, a bill for an act relating to the uses of remitted

sales tax revenue and moneys from the flood mitigation fund under

the flood mitigation program and including applicability provisions,

was taken up for consideration.

Bloomingdale of Worth moved that the bill be read a last time now


read a last time.


The ayes were, 96:


Baxter Bearinger Bennett Bergan

Best Bloomingdale Bossman Breckenridge

Brown-Powers Carlson Cohoon Cownie

Deyoe Dolecheck Finkenauer Fisher

Forbes Fry Gaines Gaskill

Gassman Grassley Gustafson Hagenow

Hager Hall Hanusa Heartsill

Heaton Hein Highfill Hinson

Holt Holz Hunter Huseman

Isenhart Jacobsen Jacoby Kacena

Kaufmann Kearns Kerr Klein

Koester Kressig Kurth Landon

Lensing Lundgren Mascher Maxwell

McConkey McKean Meyer Miller, H.

Miller, P. Mohr Mommsen Moore

Nielsen Oldson Olson Ourth


Running-Marquardt Salmon Sexton Sheets

Sieck Smith, M. Smith, R. Staed

Steckman Taylor, R. Taylor, T. Thede


Wheeler Wills Winckler Windschitl

Wolfe Worthan Zumbach Baudler,

Presiding









House File 2277, a bill for an act relating to the inspection and

examination of certain public records under the custody of the state

archivist, was taken up for consideration.

Zumbach of Linn offered amendment H–8163 filed by him and

moved its adoption.


Zumbach of Linn moved that the bill be read a last time now and


a last time.


The ayes were, 95:


Baxter Bearinger Bennett Bergan

Best Bossman Breckenridge Brown-Powers

Carlson Cohoon Cownie Deyoe

Dolecheck Finkenauer Fisher Forbes

Fry Gaines Gaskill Gassman

Grassley Gustafson Hagenow Hager

Hall Hanusa Heartsill Heaton

Hein Highfill Hinson Holt

Holz Hunter Huseman Isenhart

Jacobsen Jacoby Kacena Kaufmann

Kearns Kerr Klein Koester

Kressig Kurth Landon Lensing

Lundgren Mascher Maxwell McConkey

McKean Meyer Miller, H. Miller, P.

Mohr Mommsen Moore Nielsen

Oldson Olson Ourth Paustian

Pettengill Rizer Rogers Running-Marquardt


Smith, M. Smith, R. Staed Steckman

Taylor, R. Taylor, T. Thede Upmeyer, Spkr.

Vander Linden Watts Wessel-Kroeschell Wheeler

Wills Winckler Windschitl Wolfe

Worthan Zumbach Baudler,

Presiding








Bloomingdale Heddens Jones Nunn

Prichard


have passed the House and the title, as amended, was agreed to.

Windschitl of Harrison in the chair at 11:51 a.m.

House File 2280, a bill for an act relating to subject and

performance-based assessments administered prior to a student’s

completion of a practitioner preparation program, was taken up for

consideration.

R. Smith of Black Hawk offered amendment H–8085 filed by him

and moved its adoption.


Moore of Cass offered amendment H–8169 filed by him.

R. Smith of Black Hawk rose on a point of order that amendment

H–8169 was not germane.

The Speaker ruled the point well taken and amendment H–8169

not germane.

Moore of Cass asked for unanimous consent to suspend the rules to

consider amendment H–8169.

Objection was raised.

Moore of Cass moved to suspend the rules to consider amendment

H–8169.

Roll call was requested by Moore of Cass and R. Smith of Black Hawk.

On the question "Shall the rules be suspended to consider amendment

H–8169?" (H.F. 2280)












The ayes were, 51:

Baltimore Baudler Baxter Bergan

Best Bossman Carlson Cownie

Deyoe Dolecheck Fry Gassman




Jacobsen Jones Kaufmann Kerr

Klein Koester Landon Lundgren

Maxwell McKean Mohr Mommsen

Moore Paustian Rizer Rogers


Upmeyer, Spkr. Watts Wheeler Wills


Presiding

The nays were, 42:








Ourth Pettengill Running-Marquardt Smith, M.

Smith, R. Staed Steckman Taylor, R.

Taylor, T. Thede Vander Linden Wessel-Kroeschell

Winckler Wolfe


Bacon Bloomingdale Fisher Hanusa

Heddens Nunn Prichard

The motion to suspend the rules prevailed.

Watts of Dallas in the chair at 12:20 p.m.

Wills of Dickinson rose on a point of order under Rule 10, decorum

in debate.

The Speaker resolved the point of order.

M. Smith of Marshall rose on a point of order under Rule 10, decorum

in debate.


The Speaker ruled the point well taken.

Moore of Cass moved the adoption of amendment H–8169.


Kaufmann of Cedar rose on a point of order under Rule 10, decorum

in debate.


Kaufmann of Cedar rose on a point of order under Rule 10, decorum

in debate.


Moore of Cass moved that the bill be read a last time now and


a last time.


The ayes were, 55:

Bacon Baudler Baxter Bearinger







Jacobsen Jones Kaufmann Kerr

Klein Koester Landon Lundgren

Maxwell Mohr Mommsen Moore



Upmeyer, Spkr. Wheeler Wills Windschitl

Worthan Zumbach Watts,

Presiding

The nays were, 42:

Abdul-Samad Anderson Baltimore Bennett









Mascher McConkey McKean Meyer

Miller, H. Miller, P. Nielsen Oldson

Olson Ourth Running-Marquardt Smith, M.


Taylor, T. Thede Vander Linden Wessel-Kroeschell

Winckler Wolfe





IMMEDIATE MESSAGES

Hagenow of Polk asked and received unanimous consent that the

following bills be immediately messaged to the Senate: House Files

2234, 2253, 2258, 2277, 2280 and Senate File 2098.

HOUSE FILES WITHDRAWN

Hagenow of Polk asked and received unanimous consent to

withdraw House Files 2007 and 2130 from further consideration by

the House.

On motion by Hagenow of Polk, the House was recessed at 1:24 p.m.,

until 4:00 p.m.

AFTERNOON SESSION

The House reconvened at 4:04 p.m., Windschitl of Harrison in the

chair.




on March 6, 2018, passed the following bill in which the concurrence of the House is

asked:

Senate File 2165, a bill for an act concerning payments under the crime victim

compensation program.






Senate File 2176, a bill for an act relating to the criminal offense of lascivious

conduct with a minor, and providing penalties.



Senate File 2197, a bill for an act relating to theft of motor vehicles subsequently

used in the commission of a felony, and providing penalties.



Senate File 2226, a bill for an act relating to formatting requirements for

groundwater hazard statements recorded with a county recording office.



Senate File 2243, a bill for an act prohibiting the use of false or misleading caller

identification information to certain persons, and making penalties applicable.



Senate File 2255, a bill for an act relating to the auditor of state concerning

legislative requests for auditor reviews, applications for certain city or township audits,

and retention of certain repayments for auditor services.



Senate File 2282, a bill for an act providing for the constitutionality of statutes and

including effective date provisions.


CONSIDERATION OF BILLS

Regular Calendar

House File 2282, a bill for an act relating to amusement concessions

concerning allowable prizes and including effective date provisions, was


Moore of Cass offered amendment H–8162 filed by him and moved

its adoption.












Moore of Cass asked and received unanimous consent to substitute

Senate File 2333 for House File 2282.

Senate File 2333, a bill for an act relating to amusement concessions

concerning allowable prizes and including effective date provisions, was


Moore of Cass offered amendment H–8161 filed by him and moved

its adoption.


Paustian of Scott in the chair at 4:13 p.m.



a last time.


The ayes were, 66:

Bacon Baltimore Baxter Bennett



Finkenauer Fisher Fry Gassman


Hall Hanusa Heartsill Hein

Highfill Hinson Holt Holz

Huseman Jacobsen Jacoby Jones

Kacena Kaufmann Kerr Klein

Koester Kressig Landon Lundgren

Maxwell McConkey Mohr Mommsen

Moore Nielsen Pettengill Rizer

Rogers Running-Marquardt Salmon Sheets

Sieck Smith, R. Taylor, R. Taylor, T.

Upmeyer, Spkr. Vander Linden Watts Wheeler

Wills Windschitl Wolfe Worthan

Zumbach Paustian,

Presiding











The nays were, 30:

Abdul-Samad Anderson Baudler Bearinger

Breckenridge Brown-Powers Cohoon Forbes

Gaines Gaskill Heaton Hunter

Isenhart Kearns Kurth Lensing

Mascher McKean Miller, H. Miller, P.

Oldson Olson Ourth Sexton

Smith, M. Staed Steckman Thede

Wessel-Kroeschell Winckler


Heddens Meyer Nunn Prichard



House File 2307, a bill for an act relating to the sale or acquisition

of certain utilities, was taken up for consideration.

Landon of Polk offered amendment H–8046 filed by him and

moved its adoption.


Landon of Polk moved that the bill be read a last time now and


a last time.


The ayes were, 96:












Jones Kacena Kaufmann Kearns

Kerr Klein Koester Kressig






Kurth Landon Lensing Lundgren

Mascher Maxwell McConkey McKean



Ourth Pettengill Rizer Rogers






Wolfe Worthan Zumbach Paustian,

Presiding






House File 2283, a bill for an act relating to the expiration date of

a license issued by the board of educational examiners, was taken up

for consideration.



a last time.


The ayes were, 96:





















Ourth Pettengill Rizer Rogers






Wolfe Worthan Zumbach Paustian,

Presiding






House File 2342, a bill for an act prohibiting the purchase of

weapons seized as a public nuisance by certain persons, was taken up

for consideration.

Windschitl of Harrison in the chair at 4:38 p.m.

Heartsill of Marion offered amendment H–8166 filed by him and

moved its adoption.


Heartsill of Marion moved that the bill be read a last time now and


a last time.


The ayes were, 96:


























Staed Steckman Taylor, R. Taylor, T.

Thede Upmeyer, Spkr. Vander Linden Watts

Wessel-Kroeschell Wheeler Wills Winckler

Wolfe Worthan Zumbach Windschitl,

Presiding






House File 2371, a bill for an act exempting the state and

municipalities from liability for claims involving honeybees on public

property, was taken up for consideration.

Maxwell of Poweshiek moved that the bill be read a last time now


read a last time.


The ayes were, 96:




























Presiding






House File 2380, a bill for an act relating to boards of trustees for

county and city hospitals, was taken up for consideration.


Zumbach of Linn asked and received unanimous consent to

substitute Senate File 2290 for House File 2380.

Senate File 2290, a bill for an act relating to boards of trustees

for county and city hospitals, was taken up for consideration.

Zumbach of Linn moved that the bill be read a last time now and


a last time.










The ayes were, 96:

























Presiding






House File 2382, a bill for an act relating to the composition of

the engineering and land surveying examining board, was taken up

for consideration.

Holz of Plymouth moved that the bill be read a last time now and


a last time.





The ayes were, 96:

























Presiding






House File 2441, a bill for an act relating to school district

funding and the authorized purposes for the expenditure of school

district funding, and including effective date and applicability

provisions, was taken up for consideration.

Steckman of Cerro Gordo offered amendment H–8156 filed by her

and moved its adoption.

Roll call was requested by Steckman of Cerro Gordo and Breckenridge

of Jasper.




On the question "Shall amendment H–8156 be adopted?" (H.F. 2441)

The ayes were, 42:


Best Breckenridge Brown-Powers Cohoon

Finkenauer Forbes Gaines Gaskill

Hall Hunter Isenhart Jacoby

Jones Kacena Kearns Kressig

Kurth Lensing Lundgren Mascher

McConkey Meyer Miller, H. Miller, P.

Nielsen Oldson Olson Ourth

Running-Marquardt Smith, M. Smith, R. Staed

Steckman Taylor, T. Thede Wessel-Kroeschell

Winckler Wolfe

The nays were, 55:


Bergan Bloomingdale Bossman Carlson

Cownie Deyoe Dolecheck Fisher

Fry Gassman Grassley Gustafson

Hagenow Hager Hanusa Heartsill


Holt Holz Huseman Jacobsen

Kaufmann Kerr Klein Koester

Landon Maxwell McKean Mohr

Mommsen Moore Paustian Pettengill

Rizer Rogers Salmon Sexton

Sheets Sieck Taylor, R. Upmeyer, Spkr.

Vander Linden Watts Wheeler Wills


Presiding




Koester of Polk offered amendment H–8172 filed by him and

moved its adoption.



moved its adoption.










moved its adoption.


Koester of Polk moved that the bill be read a last time now and


a last time.


The ayes were, 97:
















Meyer Miller, H. Miller, P. Mohr

Mommsen Moore Nielsen Oldson

Olson Ourth Paustian Pettengill

Rizer Rogers Running-Marquardt Salmon

Sexton Sheets Sieck Smith, M.


Taylor, T. Thede Upmeyer, Spkr. Vander Linden

Watts Wessel-Kroeschell Wheeler Wills

Winckler Wolfe Worthan Zumbach

Windschitl,

Presiding











House File 2449, a bill for an act relating to the substitute

decision maker Act, was taken up for consideration.



a last time.


The ayes were, 97:
















Meyer Miller, H. Miller, P. Mohr

Mommsen Moore Nielsen Oldson

Olson Ourth Paustian Pettengill

Rizer Rogers Running-Marquardt Salmon

Sexton Sheets Sieck Smith, M.


Taylor, T. Thede Upmeyer, Spkr. Vander Linden

Watts Wessel-Kroeschell Wheeler Wills

Winckler Wolfe Worthan Zumbach

Windschitl,

Presiding









House File 2451, a bill for an act relating to the programs and

services under the purview of the department on aging, was taken up

for consideration.

R. Taylor of Dallas moved that the bill be read a last time now and


a last time.


The ayes were, 96:






Forbes Fry Gaines Gaskill

Gassman Grassley Gustafson Hagenow

Hager Hall Hanusa Heartsill


Holt Holz Hunter Huseman

Isenhart Jacobsen Jacoby Jones

Kacena Kaufmann Kearns Kerr

Klein Koester Kressig Kurth

Landon Lensing Lundgren Mascher

Maxwell McConkey McKean Meyer










Presiding



Fisher Heddens Nunn Prichard






IMMEDIATE MESSAGES

Hagenow of Polk asked and received unanimous consent that the

following bills be immediately messaged to the Senate: House Files

2283, 2307, 2342, 2371, 2382, 2441, 2449, 2451 and Senate Files

2290 and 2333.

HOUSE FILES WITHDRAWN

Hagenow of Polk asked and received unanimous consent to

withdraw House Files 2127, 2282 and 2380 from further consideration

by the House.

LEAVE OF ABSENCE

Leave of absence was granted during voting as follows:

Fisher of Tama Heddens of Story

Jones of Clay Meyer of Polk

Nunn of Polk Prichard of Floyd




on March 6, 2018, passed the following bill in which the concurrence of the Senate was

asked:

House File 2457, a bill for an act relating to statutory corrections which may adjust

language to reflect current practices, insert earlier omissions, delete redundancies and

inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update

ongoing provisions, or remove ambiguities, and including retroactive applicability

provisions.



Senate File 2330, a bill for an act relating to the sale, lease, or rental of water

treatment systems and including effective date and applicability provisions.





HOUSE FILE REFERRED

The Speaker announced that House File 2431, previously placed

on the calendar was referred to committee on Appropriations.

EXPLANATION OF VOTE

On March 6, 2018, I was necessarily absent during voting in the

House chamber. Had I been present, I would have voted as follows:

Amendment H–8038 (H.F. 2234) – “nay”

House File 2234 – “aye” House File 2253 – “aye”

House File 2258 – “aye” House File 2277 – “aye”

Senate File 2098 – “aye”

Jones of Clay

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Madam Speaker: The Chief Clerk of the House respectfully reports that the

following bills have been examined and found correctly enrolled, signed by the Speaker

of the House and the President of the Senate, and presented to the Governor for

approval on this 6th day of March, 2018: House Files 2175, 2197, 2230 and 2240.

CARMINE BOAL

Chief Clerk of the House

SUBCOMMITTEE ASSIGNMENT

Senate File 2382

Judiciary: Baltimore, Chair; Hinson and Wolfe.

AMENDMENTS FILED

H–8179 H.F. 2284 Wolfe of Clinton

H–8180 H.F. 2391 Best of Carroll

H–8181 H.F. 2411 Gustafson of Madison

H–8182 H.F. 2443 Baltimore of Boone

H–8183 H.F. 2467 Hinson of Linn

H–8184 S.F. 2169 Fisher of Tama























H–8185 S.F. 2099 Gustafson of Madison

H–8186 H.F. 2442 Wheeler of Sioux

H–8187 S.F. 2099 Gustafson of Madison

H–8188 S.F. 2169 Meyer of Polk

H–8189 S.F. 2235 Olson of Polk



On motion by Hagenow of Polk, the House adjourned at 5:29 p.m.,

until 8:30 a.m., Wednesday, March 7, 2018.















tuesday, march 6, 2018 - legis.iowa.gov 06, 2018.pdf · 58th day tuesday, march 6, 2018 463 also:...

Documents