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PROOFSTATE OF IOWAHouse JournalMONDAY, MARCH 11, 2019 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.)
57th DayMONDAY, MARCH 11, 2019477JOURNAL OF THE HOUSEFifty-seventh Calendar Day - Thirty-sixth Session DayHall of the House of RepresentativesDes Moines, Iowa, Monday, March 11, 2019The House met pursuant to adjournment at 1:00 p.m., SpeakerUpmeyer in the chair.Prayer was offered by Pastor Paul Rendall, Reformed Baptist Church,Tama. He was the guest of Fisher of Tama.PLEDGE OF ALLEGIANCEThe Pledge of Allegiance was led by students from the Iowa Schoolfor the Deaf. They were the guests of Hanusa of Pottawattamie.The Journal of Friday, March 8, 2019, was approved.INTRODUCTION OF BILLSHouse File 673, by committee on Education, a bill for an act torequire radon testing and mitigation in public schools and includingapplicability provisions.Read first time and referred to committee on Appropriations.House File 674, by committee on Public Safety, a bill for an actregulating the use of automated traffic law enforcement systems,providing penalties, and including applicability provisions.Read first time and referred to committee on Appropriations.House File 675, by committee on Judiciary, a bill for an actrelating to payments from the indigent defense fund by the statepublic defender for costs incurred by a privately retained attorneyrepresenting an indigent person.Read first time and placed on the calendar.
478JOURNAL OF THE HOUSE57th DayHouse File 676, by committee on State Government, a bill for anact relating to abandoned structures and abatement of publicnuisances.Read first time and placed on the calendar.House File 677, by committee on Environmental Protection, a billfor an act relating to administrative procedures within thedepartment of natural resources.Read first time and placed on the calendar.House File 678, by committee on Judiciary, a bill for an actrelating to notice and opportunity to repair construction defects innew construction, and including effective date and applicabilityprovisions.Read first time and placed on the calendar.House File 679, by committee on Judiciary, a bill for an actrelating to statutory corrections which may adjust language to reflectcurrent practices, insert earlier omissions, delete redundancies andinaccuracies, delete temporary language, resolve inconsistencies andconflicts, update ongoing provisions, or remove ambiguities, andincluding retroactive applicability provisions.Read first time and placed on the calendar.House File 680, by committee on Commerce, a bill for an actrelating to prescription drug benefits, pharmacies, pharmacy benefitmanagers, making penalties applicable, and including applicabilityprovisions.Read first time and placed on the calendar.House File 681, by committee on Public Safety, a bill for an actpermitting qualified entities to request national criminal historychecks of certain covered individuals.Read first time and placed on the calendar.
57th DayMONDAY, MARCH 11, 2019479House File 682, by committee on Public Safety, a bill for an actrelating to the public safety equipment fund, providing for voluntarycontributions to the fund, and including effective date provisions.Read first time and placed on the calendar.House File 683, by committee on Commerce, a bill for an actrelating to the use of gasification and pyrolysis facilities for theconversion of certain recoverable waste materials.Read first time and placed on the calendar.House File 684, by committee on Public Safety, a bill for an actproviding limited immunity from certain criminal offenses andprohibiting certain disciplinary sanctions for persons under twentyone years of age who report, seek, or require emergency assistance foralcohol overdoses, and modifying penalties.Read first time and placed on the calendar.House File 685, by committee on Public Safety, a bill for an actrelating to the payment of required medical aid provided to prisonersof county jails.Read first time and placed on the calendar.House File 686, by committee on Judiciary, a bill for an actrelating to expert witness testimony in child sexual abuse and childendangerment cases.Read first time and placed on the calendar.House File 687, by committee on State Government, a bill for anact relating to permissible honoraria from restricted donors to publicofficials and public employees.Read first time and placed on the calendar.House File 688, by committee on Judiciary, a bill for an actrelating to alcoholic beverage control violations and second andsubsequent convictions, and providing penalties.Read first time and placed on the calendar.
480JOURNAL OF THE HOUSE57th DayHouse File 689, by committee on Veterans Affairs, a bill for anact relating to the removal of county veterans service officers.Read first time and placed on the calendar.House File 690, by committee on Human Resources, a bill for anact relating to mental health and disability services, including theestablishment of a children’s behavioral health system and achildren’s behavioral health system state board, and requiring certainchildren’s behavioral health core services.Read first time and placed on the calendar.House File 691, by committee on Human Resources, a bill for anact relating to funding of county mental health and disability servicesby modifying provisions relating to the use of specified excess cashflow funds, and including effective date and retroactive applicabilityprovisions.Read first time and placed on the calendar.House File 692, by committee on State Government, a bill for anact relating to the tracking and counting of mailed absentee ballots.Read first time and placed on the calendar.On motion by Hagenow of Dallas, the House was recessed at 1:11 p.m.,until 3:00 p.m.AFTERNOON SESSIONThe House reconvened at 5:37 p.m., Windschitl of Harrison in thechair.INTRODUCTION OF BILLSHouse Joint Resolution 14, by committee on Judiciary, a jointresolution proposing an amendment to the Constitution of the Stateof Iowa relating to the qualifications of electors.Read first time and placed on the calendar.
57th DayMONDAY, MARCH 11, 2019481House File 693, by committee on Local Government, a bill for anact establishing processes for voter approval of a proposition torequire a township to provide emergency medical service and forvoter approval of a higher additional annual property tax levy rate forthe provision of township services.Read first time and referred to committee on Ways and Means.House File 694, by committee on Public Safety, a bill for an actestablishing an emergency medical services personnel licensureinterstate compact.Read first time and placed on the calendar.House File 695, by committee on State Government, a bill for anact relating to the practice of barbering and cosmetology arts andsciences and providing transition provisions.Read first time and placed on the calendar.House File 696, by committee on Human Resources, a bill for anact relating to the dispensing fee for partially dispensedprescriptions.Read first time and placed on the calendar.House File 697, by committee on Judiciary, a bill for an actrestricting public agency disclosure of and access to certain personalinformation related to tax-exempt organizations, and providingpenalties.Read first time and placed on the calendar.House File 698, by committee on Local Government, a bill for anact relating to the jurisdiction and management of pioneercemeteries.Read first time and placed on the calendar.House File 699, by committee on Agriculture, a bill for an actrelating to weight limitations for certain implements of husbandry.Read first time and placed on the calendar.
482JOURNAL OF THE HOUSE57th DayHouse File 700, by committee on Human Resources, a bill for anact relating to the refilling of a prescription in emergency situations.Read first time and placed on the calendar.House File 701, by committee on State Government, a bill for anact relating to the continuance of lawful preexisting nonconforminguses by manufactured and mobile homes.Read first time and placed on the calendar.House File 702, by committee on Judiciary, a bill for an actrelating to the expungement of a deferred judgment upon a person’sdischarge from probation.Read first time and placed on the calendar.House File 703, by committee on Natural Resources, a bill for anact prohibiting the use of unmanned vehicles to disturb, pursue, fish,or hunt wild animals and providing penalties.Read first time and referred to committee on Public Safety.House File 704, by committee on Education, a bill for an actrequiring the boards of directors of school districts to appoint studentliaisons to the boards.Read first time and placed on the calendar.House File 705, by committee on Judiciary, a bill for an actrelating to the responsibilities of a guardian ad litem for a minorchild.Read first time and placed on the calendar.House File 706, by committee on Judiciary, a bill for an actrelating to replacement of the term visitation with the term parentingtime relative to time awarded to a parent.Read first time and placed on the calendar.
57th DayMONDAY, MARCH 11, 2019483House File 707, by committee on Judiciary, a bill for an actrelating to service of process relating to juvenile delinquencyproceedings and termination of the parent-child relationshipproceedings.Read first time and placed on the calendar.House File 708, by committee on State Government, a bill for anact relating to specific circumstances requiring the submission of agroundwater hazard statement with the declaration of valuesubmitted to a county recorder in order to grant, assign, transfer, orconvey real property.Read first time and placed on the calendar.ADOPTION OF HOUSE CONCURRENT RESOLUTION 10Hagenow of Dallas called up for consideration House ConcurrentResolution 10, a concurrent resolution recognizing the importance ofmultilateral trade agreements to Iowa’s economy and urging Congress toenact legislation to implement a multilateral trade agreement betweenthe United States, Canada, and Mexico.Paustian of Scott moved the adopted of House ConcurrentResolution 10.The motion prevailed and the resolution was adopted.CONSIDERATION OF BILLSWays and Means CalendarSenate File 220, a bill for an act relating to the increasedexpensing allowance deduction by corporations, financial institutions,and partnerships and limited liability companies taxed as corporations,and including effective date and retroactive applicability provisions,with report of committee recommending passage, was taken up forconsideration.Hite of Mahaska moved that the bill be read a last time now andplaced upon its passage which motion prevailed and the bill was reada last time.
484JOURNAL OF THE HOUSE57th DayOn the question “Shall the bill pass?” (S.F. 220)The ayes were, SalmonSmith, singMatsonMeyer, nowHeinHusemanJamesKaufmannKurthLohseMaxwellMeyer, elsenSmith, R.Running-MarquardtSieckSteckmanUpmeyer, Spkr.WincklerThe nays were, 7:Abdul-SamadOldsonAndersonOlsonAbsent or not voting, 6:BloomingdaleThorupKressigZumbachThe bill having received a constitutional majority was declared tohave passed the House and the title was agreed to.Regular CalendarHouse File 263, a bill for an act relating to application fees forcertain consumer loans, was taken up for consideration.Mitchell of Henry moved that the bill be read a last time now andplaced upon its passage which motion prevailed and the bill was reada last time.
57th DayMONDAY, MARCH 11, 2019485On the question “Shall the bill pass?” (H.F. 263)The ayes were, nsingMatsonMeyer, seMaxwellMeyer, B.MooreOurthRunning-Marquardt SalmonSieckSmith, M.SteckmanSundeUpmeyer, rWolfeThe nays were, none.Absent or not voting, 6:BloomingdaleThorupKressigZumbachNielsenSmith, R.The bill having received a constitutional majority was declared tohave passed the House and the title was agreed to.House File 426, a bill for an act relating to the insurance fraudbureau, criminal history checks for licenses granted by the insurancedivision, and resolving inconsistencies, was taken up for consideration.Jacobsen of Pottawattamie moved that the bill be read a last timenow and placed upon its passage which motion prevailed and the billwas read a last time.
486JOURNAL OF THE HOUSE57th DayOn the question “Shall the bill pass?” (H.F. 426)The ayes were, nsingMatsonMeyer, seMaxwellMeyer, B.MooreOurthRunning-Marquardt SalmonSieckSmith, M.SteckmanSundeUpmeyer, rWolfeThe nays were, none.Absent or not voting, 6:BloomingdaleThorupKressigZumbachNielsenSmith, R.The bill having received a constitutional majority was declared tohave passed the House and the title was agreed to.House File 482, a bill for an act relating to department oftransportation employees designated as peace officers, and includingeffective date provisions, was taken up for consideration.Worthan of Buena Vista moved that the bill be read a last timenow and placed upon its passage which motion prevailed and the billwas read a last time.
57th DayMONDAY, MARCH 11, 2019487On the question “Shall the bill pass?” (H.F. 482)The ayes were, xwellMeyer, B.MooreOurthSalmonSmith, acobsenJonesKerrKurtzMatsonMeyer, meyer, Spkr.WincklerThe nays were, 3:LohseLundgrenWheelerAbsent or not voting, 6:BloomingdaleThorupKressigZumbachNielsenSmith, R.The bill having received a constitutional majority was declared tohave passed the House and the title was agreed to.House File 487, a bill for an act related to installations of certainwireless telecommunications infrastructure in the state, and includingeffective date provisions, was taken up for consideration.Jeneary of Plymouth moved that the bill be read a last time now andplaced upon its passage which motion prevailed and the bill was read alast time.
488JOURNAL OF THE HOUSE57th DayOn the question “Shall the bill pass?” (H.F. 487)The ayes were, onJacobsenKacenaKurthLohseMeyer, A.MommsenOurthSalmonSorensenUpmeyer, nHagenowHiteJenearyKaufmannKurtzLundgrenMeyer, cklerHallJacobyMcConkeySteckmanWolfeNielsenSmith, R.Running-MarquardtSmith, M.ThompsonWillsThe nays were, rKonfrstOldsonWilliamsAbsent or not voting, 6:BloomingdaleThorupKressigZumbachThe bill having received a constitutional majority was declared tohave passed the House and the title was agreed to.House File 514, a bill for an act allowing certain operating-whileintoxicated offenders to be sentenced as habitual offenders, and makingpenalties applicable, was taken up for consideration.SENATE FILE 113 SUBSTITUTED FOR HOUSE FILE 514Hite of Mahaska asked and received unanimous consent to substituteSenate File 113 for House File 514.
57th DayMONDAY, MARCH 11, 2019489Senate File 113, a bill for an act allowing certain operating-whileintoxicated offenders to be sentenced as habitual offenders, and makingpenalties applicable, was taken up for consideration.Hite of Mahaska moved that the bill be read a last time now andplaced upon its passage which motion prevailed and the bill was reada last time.On the question “Shall the bill pass?” (S.F. 113)The ayes were, nsingMatsonMeyer, seMaxwellMeyer, B.MooreOurthRunning-Marquardt SalmonSieckSmith, M.SteckmanSundeUpmeyer, rWolfeThe nays were, none.Absent or not voting, 6:BloomingdaleThorupKressigZumbachNielsenSmith, R.The bill having received a constitutional majority was declared tohave passed the House and the title was agreed to.
490JOURNAL OF THE HOUSE57th DayHouse File 594, a bill for an act relating to limitations regardingthe withdrawal of a life-sustaining procedure from a minor child, wastaken up for consideration.Wessel-Kroeschell of Story offered amendment H–1009 filed by herand moved its adoption.Roll call was requested by Wessel-Kroeschell of Story andSteckman of Cerro Gordo.On the question "Shall amendment H–1009 be adopted?" (H.F. 594)The ayes were, cenaLensingMeyer, besHeddensJamesKurthMatsonOlsonRunning-Marquardt Smith, udgeKurtzMcConkeyOurthStaedWessel-KroeschellThe nays were, rGrassleyHeinHusemanKaufmannLohseMeyer, leyUpmeyer, enSmith, R.Absent or not voting, 6:BloomingdaleThorupKressigZumbachAmendment H–1009 lost.
57th DayMONDAY, MARCH 11, 2019491The House stood at ease at 6:09 p.m., until the fall of the gavel.The House resumed session at 6:35 p.m., Windschitl of Harrison inthe chair.Jacoby of Johnson rose on a point of order under Rule 10, decorumin debate.The Speaker ruled the point not well taken.Wessel-Kroeschell of Story rose on a point of order under Rule 10,decorum in debate.The Speaker ruled the point well taken.B. Meyer of Polk rose on a point of order under Rule 10, decorumin debate.The Speaker resolved the point of order.Mascher of Johnson rose on a point of order under Rule 10, decorumin debate.The Speaker ruled the point well taken.M. Smith of Marshall rose on a point of order under Rule 10,decorum in debate.The Speaker resolved the point of order.Jacobsen of Pottawattamie rose on a point of order under Rule 10,decorum in debate.The Speaker ruled the point well taken.Mascher of Johnson rose on a point of order under Rule 10,decorum in debate.The Speaker ruled the point well taken.
492JOURNAL OF THE HOUSE57th DayHinson of Linn moved that the bill be read a last time now andplaced upon its passage which motion prevailed and the bill was reada last time.On the question “Shall the bill pass?” (H.F. 594)Rule 75 was invoked.The ayes were, fmannLohseMcKeanMommsenPaustianShipleyUpmeyer, HanusaHoltJonesKerrLundgrenMeyer, nMaxwellMitchellOsmundsonRunning-Marquardt SalmonSieckSorensenWheelerWillsThe nays were, BennettDonahueGaskillJacobyKurtzMeyer, B.Smith, M.ThedeWolfeNielsenSmith, R.Absent or not voting, 6:BloomingdaleThorupKressigZumbachThe bill having received a constitutional majority was declared tohave passed the House and the title was agreed to.
57th DayMONDAY, MARCH 11, 2019493MESSAGES FROM THE SENATEThe following messages were received from the Senate:Madam Speaker: I am directed to inform your honorable body that the Senate hason March 11, 2019, adopted the following resolution in which the concurrence of theHouse is asked:Senate Joint Resolution 17, a joint resolution authorizing the temporary sale ofmerchandise at a toy benefit for Iowa children on the state capitol complex grounds.Also: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 209, a bill for an act to require school districts and accredited nonpublicschools to offer high school students an opportunity to take the United Statescitizenship and immigration services naturalization civics test, and includingapplicability provisions.Also: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 274, a bill for an act relating to speech and expression at publicinstitutions of higher education, providing for remedies, and including effective dateprovisions.Also: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 282, a bill for an act providing for the repeal of the honey creek premierdestination park bond program.Also: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 303, a bill for an act relating to the replacement of a person’s driver’slicense or nonoperator’s identification card on the person’s twenty-first birthdayanniversary.Also: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 304, a bill for an act relating to licensing sanctions against individualswho default or are delinquent on student loan debt or on a related service obligation.Also: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 367, a bill for an act eliminating the education telecommunicationscouncil and regional telecommunications councils established under the Iowacommunications network.
494JOURNAL OF THE HOUSE57th DayAlso: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 436, a bill for an act relating to wrecked or salvage motor vehicles.Also: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 447, a bill for an act relating to the power of cities to regulate certainbuilding restrictions, and including effective date provisions.Also: That the Senate has on March 11, 2019, passed the following bill in which theconcurrence of the House is asked:Senate File 457, a bill for an act relating to surcharges added to criminal penalties,court funds, civil fees, misdemeanor and felony fines, and fines associated withscheduled violations.W. CHARLES SMITHSON, SecretaryINTRODUCTION OF BILLSHouse File 709, by committee on Judiciary, a bill for an actrelating to the suspension of a child support order relative to child inneed of assistance proceedings.Read first time and placed on the calendar.House File 710, by committee on Human Resources, a bill for anact relating to the operation of the board of medicine, the board ofnursing, the board of pharmacy, and the dental board.Read first time and placed on the calendar.House File 711, by committee on Public Safety, a bill for an actestablishing a length of service award program for volunteer firefighters, concerning income tax deductions for volunteer fire fighters,making an appropriation, and including effective date provisions.Read first time and referred to committee on Appropriations.House File 712, by committee on Judiciary, a bill for an actrelating to indeterminate sentences for class “D” felonies.Read first time and placed on the calendar.
57th DayMONDAY, MARCH 11, 2019495House File 713, by committee on Public Safety, a bill for an actrelating to the Iowa sobriety and drug monitoring program.Read first time and placed on the calendar.House File 714, by committee on Public Safety, a bill for an actrelating to ignition interlock device requirements for a first operatingwhile-intoxicated offense.Read first time and placed on the calendar.SENATE MESSAGE CONSIDEREDSenate Joint Resolution 17, by committee on State Government,a joint resolution authorizing the temporary sale of merchandise at atoy benefit for Iowa children on the state capitol complex grounds.Read first time and passed on file.Regular CalendarHouse Joint Resolution 12, a joint resolution authorizing thetemporary sale of merchandise at a toy benefit for Iowa children onthe state capitol complex grounds, was taken up for consideration.Thompson of Greene offered amendment H–1007 filed by him andmoved its adoption.Amendment H–1007 was adopted.SENATE JOINT RESOLUTION 17SUBSTITUTED FORHOUSE JOINT RESOLUTION 12Thompson of Greene asked and received unanimous consent tosubstitute Senate Joint Resolution 17 for House Joint Resolution 12.Thompson of Greene called up for consideration Senate JointResolution 17, a joint resolution authorizing the temporary sale ofmerchandise at a toy benefit for Iowa children on the state capitolcomplex grounds.Thompson of Greene moved that the joint resolution be read a lasttime now and placed upon its adoption and the joint resolution wasread a last time.
496JOURNAL OF THE HOUSE57th DayOn the question "Shall the joint resolution be adopted and agreed to?"(S.J.R. 17)The yeas were, nsingMatsonMeyer, seMaxwellMeyer, B.MooreOurthRunning-Marquardt SalmonSieckSmith, M.SteckmanSundeUpmeyer, rWolfeThe nays were, none.Absent or not voting, 6:BloomingdaleThorupKressigZumbachNielsenSmith, R.The joint resolution having received a constitutional majority wasdeclared to have been adopted and agreed to by the House.IMMEDIATE MESSAGESHagenow of Dallas asked and received unanimous consent that thefollowing bills be immediately messaged to the Senate: HouseConcurrent Resolution 10, House Files 263, 426, 482, 487, 594,Senate Joint Resolution 17, Senate Files 113 and 220.
57th DayMONDAY, MARCH 11, 2019497HOUSE FILES WITHDRAWNHagenow of Dallas asked and received unanimous consent towithdraw House Joint Resolution 12, House Files 233 and 514 fromfurther consideration by the House.LEAVE OF ABSENCELeave of absence was granted during voting as follows:Bloomingdale of WorthNielsen of JohnsonThorup of MarionKressig of Black HawkSmith, R. of Black HawkZumbach of LinnHOUSE STUDY BILL COMMITTEE ASSIGNMENTH.S.B. 247 Government OversightRelating to publication and procedural provisions relating to proposedconstitutional amendments and including effective date provisions.SUBCOMMITTEE ASSIGNMENTSHouse File 633Ways and Means: Wheeler, Chair; James and Zumbach.House File 640Ways and Means: Zumbach, Chair; Isenhart and Sieck.House File 641Ways and Means: Kaufmann, Chair; Bossman and Nielsen.House File 647Ways and Means: Zumbach, Chair; Isenhart and Maxwell.House File 648Ways and Means: Kaufmann, Chair; Bossman, Forbes, Hein and Nielsen.HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTHouse Study Bill 247Government Oversight: Klein, Chair; Hanusa and Wolfe.
498JOURNAL OF THE HOUSE57th DayAMENDMENTS 015H.F.H.F.H.
Prayer was offered by Pastor Paul Rendall, Reformed Baptist Church, Tama. He was the guest of Fisher of Tama. . On motion by Hagenow of Dallas, the House was recessed at 1:11 p.m., until 3:00 p.m. AFTERNOON SESSION . A. Meyer, B. Mitchell Mohr Mommsen Moore Osmundson Ourth RunningPaustian Prichard -Marquardt Salmon Sexton Shipley Sieck
