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House Journal: Monday, February 6, 1995

Twenty-ninth Calendar Day - Seventeenth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, February 6, 1995
The House met pursuant to adjournment at 1:03 p.m., Speaker
Corbett in the chair.
Prayer was offered by Monsignor James K. Lafferty, St. John's
Catholic Church, Arcadia.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Monsignor James K. Lafferty,
Arcadia.
The Journal of Thursday, February 2, 1995 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bernau of Story and  Brand of Benton, on request of Myers of
Johnson; Hurley of Fayette, on request of Siegrist of
Pottawattamie.
INTRODUCTION OF BILLS
House Joint Resolution 4, by Larson, Mertz, Hammitt, Main,
Daggett, Van Fossen, Sukup, Meyer, Greig, Nutt, Hahn, Gries,
Weidman, Heaton, Eddie, Renken, Boddicker, Grubbs, Carroll,
Schulte, Arnold, Branstad, Drake, Dinkla, Blodgett, Brauns,
Huseman, Tyrrell, Kremer, Teig, Klemme, Coon, Cornelius,
Veenstra, Hanson, Nelson of Marshall, Disney, Harrison, Millage,
Halvorson, Lord, Garman, Welter, Martin, Lamberti, Vande Hoef,
Houser, Salton, Bradley, Boggess, Ertl, Hurley, Greiner,
Brunkhorst, Van Maanen, Cormack, Thomson, Mundie and Churchill,
a joint resolution proposing an amendment to the Constitution of
the State of Iowa relating to protection of taxpayers' rights by
limiting the growth rate of taxes, revenue, and spending of the
state and local governments and by increasing the people's
control over taxes, revenue, and spending of the state and local
governments.
Read first time and referred to committee on ways and means.
House File 130, by Schulte, Boddicker, Tyrrell, Disney,
Cornelius, Welter, Kremer, Cormack, Hurley, Vande Hoef, Coon,
Cohoon, Halvorson, Larson, Eddie, Hammitt, Greiner, Branstad,
Salton, Brauns, Klemme, Baker and Fallon, a bill for an act
relating to jury instructions.
Read first time and referred to committee on judiciary.
House File 131, by Garman, a bill for an act relating to public
water supply systems, by repealing certain sections, providing
for the refund of moneys, and providing an effective date.
Read first time and referred to committee on environmental
protection.
House File 132, by committee on appropriations, a bill for an
act making supplemental appropriations for the fiscal year
beginning July 1, 1994, and providing an effective date.
Read first time and placed on the appropriations calendar.
House File 133, by committee on appropriations, a bill for an
act creating a highway safety patrol fund, allocating use tax
receipts, and providing appropriations.
Read first time and placed on the appropriations calendar.
House File 134, by Hurley, a bill for an act relating to the
consumption of alcoholic beverages by persons under age
twenty-one.
Read first time and referred to committee on state government.
House File 135, by Hurley, a bill for an act relating to
obscenity, by providing for restrictions on public indecent
exposure in certain establishments and by providing for the
abatement of the nuisance created by certain establishments
concerning obscenity, and providing an effective date.
Read first time and referred to committee on judiciary.
House File 136, by Daggett, a bill for an act relating to the
exemption of pensions, annuities, and retirement allowances
received for the purposes of state individual income tax and
providing a retroactive applicability date.
Read first time and referred to committee on ways and means.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on February 6, 1995, passed the following bill in
which the concurrence of the Senate was asked:
House File 3, a bill for an act relating to the state banner.
Also: That the Senate has on February 2, 1995, amended and
adopted the following resolution in which the concurrence of the
Senate was asked:
House Concurrent Resolution 10, a concurrent resolution calling
for the convening of a Conference of the States and providing
for Iowa's participation in the Conference.
Also: That the Senate has on February 2, 1995, refused to concur
in the House amendment to the following bill in which the
concurrence of the Senate was asked:
Senate File 17, a bill for an act establishing the state percent
of growth for the school budget year beginning July 1, 1995, for
purposes of the state school foundation program and providing
effective and applicability date provisions.
Also: That the Senate has on February 6, 1995,  passed the
following bill in which the concurrence of the House is asked:
Senate File 66, a bill for an act relating to cruelty to police
service dogs and providing for enhanced penalties.
Also: That the Senate has on February 2, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 84, a bill for an act relating to individual health
insurance and individual health benefit plan reforms, and
establishing an income tax credit for certain individuals.
Also: That the Senate has on February 6, 1995, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 11, a concurrent resolution
declaring support for Amtrak.
JOHN F. DWYER, Secretary
ADOPTION OF HOUSE RESOLUTION 4
Greig of Emmet called up for consideration House Resolution 4, a
resolution to amend the House code of ethics as follows, and
moved its adoption:

 1 	HOUSE RESOLUTION 4
 2	BY  COMMITTEE ON ETHICS
 3	(SUCCESSOR TO HSB 9)
 4  A resolution to amend the House code of ethics.
 5     Be It Resolved By The House Of Representatives,
 6  That the House code of ethics be amended to read as
 7  follows:
 8	HOUSE CODE OF ETHICS
 9     PREAMBLE.  Every legislator and legislative
10  employee has a duty to uphold the integrity and honor
11  of the general assembly, to encourage respect for the
12  law and for the general assembly, and to observe the
13  house code of ethics.  Each member The members and
14  employee employees of the house has have a
15  responsibility to conduct herself or himself
16  themselves so as to reflect credit on the general
17  assembly, and to inspire the confidence, respect, and
18  trust of the public.  The following rules are adopted
19  pursuant to chapter 68B of the Code, to assist the
20  members and employees in the conduct of their
21  activities:
22     1.  DEFINITIONS.  The definitions of terms provided
23  in chapter 68B of the Code apply to the use of those
24  terms in these rules.
25     2.  ECONOMIC INTEREST OF MEMBER OR EMPLOYEE OF
26  HOUSE.
27     a.  Economic or investment opportunity.  A member
28  or employee of the house shall not solicit or accept
29  economic or investment opportunity under circumstances
30  where the member or employee knows, or should know,
    Page 2  
 1  that the opportunity is being afforded with the intent
 2  to influence the member's or employee's conduct in the
 3  performance of official duties.  If a member or
 4  employee of the house learns that an economic or
 5  investment opportunity previously accepted was offered
 6  with the intent of influencing the member's or
 7  employee's conduct in the performance of the official
 8  duties, the member or employee shall take steps to
 9  divest that member or employee of that investment or
10  economic opportunity, and shall report the matter in
11  writing to the chairperson of the house ethics
12  committee.
13     b.  Excessive charges for services, goods, or
14  property interests.  A member or employee of the house
15  shall not charge to or accept from a person known to
16  have a legislative interest, a price, fee,
17  compensation, or other consideration for the sale or
18  lease of any property or the furnishing of services
19  which is in excess of that which the member or
20  employee would ordinarily charge another person.
21     c.  Use of confidential information.  A member or
22  employee of the house, in order to further the
23  member's or employee's own economic interests, or
24  those of any other person, shall not disclose or use
25  confidential information acquired in the course of the
26  member's or employee's official duties.  For the
27  purpose of this rule, information disclosed in open
28  session at a public meeting under chapter 21 of the
29  Code and information that is a public record under
30  chapter 22 of the Code is not confidential
    Page  3
 1  information.
 2     d.  Employment.  A member or employee of the house
 3  shall not accept employment, either directly or
 4  indirectly, from a political action committee.  A
 5  member of the house shall not act as a paid lobbyist
 6  for any organization.  However, this paragraph shall
 7  not prohibit a member or employee of the house from
 8  working for a candidate's committee, a political
 9  party's action committee, or a political action
10  committee which does not support or oppose a candidate
11  for public office in this state or a ballot issue in
12  this state and which is not interested in issues
13  before the general assembly.
14     For the purpose of this rule, a political action
15  committee means a committee, but not a candidate's
16  committee, which accepts contributions, makes
17  expenditures, or incurs indebtedness in the aggregate
18  of more than two hundred fifty dollars in any one
19  calendar year for the purpose of supporting or
20  opposing a candidate for public office or a ballot
21  issue or for the purpose of influencing legislative
22  action.
23     e.  A member or employee of the house shall not
24  solicit employment on behalf of the member or
25  employee, or on behalf of another legislator or
26  employee, as a lobbyist while the general assembly is
27  in session.
28     f.  Certain goods or services.  A member or
29  employee of the house shall not solicit or obtain
30  goods or services from another person under
    Page 4
 1  circumstances where the member or employee knows or
 2  should know that the goods or services are being
 3  offered or sold with the intent to influence the
 4  member's or employee's conduct in the performance of
 5  official duties.  If a member or employee of the house
 6  is afforded goods or services by another person at a
 7  price that is not available to other members or
 8  classes of members of the general public or is
 9  afforded goods or services that are not available to
10  other members or classes of members of the general
11  public by another person where the member or employee
12  knows or should know that the other person intends to
13  influence the member's or employee's official conduct,
14  the member or employee shall not take or purchase the
15  goods or services.
16     3.  APPEARANCE BEFORE STATE AGENCY.  A member or
17  employee of the house may appear before a state agency
18  in any representation case but shall not act as a
19  lobbyist with respect to the passage, defeat,
20  approval, veto, or modification of any legislation,
21  rule, or executive order.  Whenever a member or
22  employee of the house appears before a state agency,
23  the member or employee shall carefully avoid all
24  conduct which might in any way lead members of the
25  general public to conclude that the member or employee
26  is using the member's or employee's official position
27  to further the member's or employee's professional
28  success or personal financial interest.
29     4.  CONFLICTS OF INTEREST.  In order for the
30  general assembly to function effectively, members of
    Page 5
 1  the house may be required to vote on bills and
 2  participate in committee work which will affect their
 3  employment and other areas in which they may have a
 4  monetary interest.  Action on bills and committee work
 5  which furthers a member's specific employment,
 6  specific investment, or other specific interest, as
 7  opposed to the interests of the public in general or
 8  the interests of a profession, trade, business, or
 9  other class of persons, shall be avoided.  In making a
10  decision relative to a member's activity on particular
11  bills or in committee work, the following factors
12  should be considered:
13     a.  Whether a substantial threat to the member's
14  independence of judgment has been created by the
15  conflict situation.
16     b.  The effect of the member's participation on
17  public confidence in the integrity of the general
18  assembly.
19     c.  Whether the member's participation is likely to
20  have any significant effect on the disposition of the
21  matter.
22     d.  The need for the member's particular
23  contribution, such as special knowledge of the subject
24  matter, to the effective functioning of the general
25  assembly.
26     If a member decides not to participate in committee
27  work or to abstain from voting because of a possible
28  conflict of interest, the member should disclose this
29  fact to the legislative body.  The member shall not
30  vote on any question in which the member has an
    Page 6
 1  economic interest that is distinguishable from the
 2  interests of the general public or a substantial class
 3  of persons.
 4     5.  STATUTORY REQUIREMENTS.  Members and employees
 5  of the house shall comply with the requirements
 6  contained in chapters 68B (Conflicts of Interest of
 7  Public Officers and Employees), 721 (Official
 8  Misconduct), and 722 (Bribery and Corruption), and
 9  sections 2.18 (Contempt) and 711.4 (Extortion) of the
10  Code.
11     6.  CHARGE ACCOUNTS.  Members and employees of the
12  house shall not charge any amount or item to a charge
13  account to be paid for by a lobbyist or any client of
14  a lobbyist.
15     7.  TRAVEL EXPENSES.  A member or employee of the
16  house shall not charge to the state of Iowa amounts
17  for travel and expenses unless the member or employee
18  actually has incurred those mileage and expense costs.
19  Members or employees shall not file the vouchers for
20  weekly mileage reimbursement required by section 2.10,
21  subsection 1 of the Code, unless the travel expense
22  was actually incurred.
23     A member or employee of the house shall not file a
24  claim for per diem compensation for a meeting of an
25  interim study committee or a visitation committee
26  unless the member or employee attended the meeting.
27  However, the speaker may waive this provision and
28  allow a claim to be filed if the member or employee
29  attempted to attend the meeting but was unable to do
30  so because of circumstances beyond the member's or
    Page 7
 1  employee's control.
 2     8.  GIFTS ACCEPTED OR RECEIVED.  Members and
 3  employees of the house shall comply with the
 4  restrictions relating to the receipt or acceptance of
 5  gifts contained in section 68B.22 of the Code.
 6     9.  HONORARIA RESTRICTIONS.  Members and employees
 7  of the house shall comply with the restrictions
 8  relating to the receipt of honoraria contained in
 9  section 68B.23 of the Code.
10     10.  DISCLOSURE REQUIRED.  Each member of the house
11  and the chief clerk of the house shall file the
12  personal financial disclosure statements required
13  under section 68B.35 of the Code by February 15 of
14  each year for the prior calendar year.
15     11.  SEXUAL HARASSMENT.  Members and employees of
16  the house shall not engage in conduct which
17  constitutes sexual harassment as defined in section
18  19B.12 of the Code or pursuant to the sexual
19  harassment policy adopted by the house committee on
20  administration and rules.
21     12.  COMPLAINTS.
22     a.  Filing of complaint.  Complaints may be filed
23  by any person believing that a member or employee of
24  the house, a lobbyist, or a client of a lobbyist is
25  guilty of a violation of the house code of ethics, the
26  house rules governing lobbyists, or chapter 68B of the
27  Code.
28     b.  Complaints by committee.  The ethics committee
29  may initiate a complaint on its own motion.  Committee
30  complaints may be initiated by the committee as a
    Page 8
 1  result of a committee investigation or as a result of
 2  receipt of any complaint or other information that
 3  does not meet the requirements of these rules
 4  regarding the form of a complaint but that contains
 5  allegations that would form the basis for a valid
 6  complaint.
 7     c.  Form and contents of complaint.  A complaint
 8  shall be in writing.
 9     Complaint forms shall be available from the chief
10  clerk of the house, but a complaint shall not be
11  rejected for failure to use the approved form if it
12  complies with the requirements of these rules.  The
13  complaint shall contain a certification made by the
14  complainant, under penalty of perjury, that the facts
15  stated in the complaint are true to the best of the
16  complainant's knowledge.
17     To be valid, a complaint shall allege all of the
18  following:
19     (1)  Facts, including the approximate date and
20  location of any event, incident, or transaction that,
21  if true, establish a violation of a provision of
22  chapter 68B of the Code, the house code of ethics, or
23  house rules governing lobbyists for which penalties or
24  other remedies are provided.
25     (2)  That the conduct providing the basis for the
26  complaint occurred within three years of the filing of
27  the complaint.
28     (3)  That the party charged with a violation is a
29  member or employee of the house, a lobbyist, or a
30  client of a lobbyist.
    Page 9
 1     d.  Confidentiality of complaint.  The filing of
 2  the complaint and the contents of the complaint shall
 3  be confidential until the time that the committee
 4  meets to determine whether the complaint is valid,
 5  unless either the complainant or the party charged in
 6  the complaint makes the existence of, or the
 7  information contained in, the complaint public.
 8  However, if either the complainant or party alleged to
 9  have committed the violation requests that the meeting
10  to determine whether the complaint is valid be a
11  closed meeting and the filing of the complaint or the
12  contents of the complaint have not been disclosed, the
13  meeting shall be closed.
14     e.  Notice of complaint.  Upon receipt of the
15  complaint, the chief clerk of the house shall promptly
16  notify the chairperson and ranking member of the
17  ethics committee that a complaint has been filed and
18  provide both the chairperson and the ranking member
19  with copies of the complaint and any supporting
20  information.  Within two working days, the chief clerk
21  shall send notice, either by personal delivery or by
22  certified mail, return receipt requested, to the
23  person or persons alleged to have committed the
24  violation, along with a copy of the complaint and any
25  supporting information.  The notice to the accused
26  person shall contain a request that the person submit
27  a written response to the complaint within ten working
28  days of the date that the notice was sent by the chief
29  clerk.  At the request of the accused person, the
30  committee may extend the time for the response, not to
    Page 10
 1  exceed ten additional calendar days.
 2     f.  Hearing regarding validity of complaint.  The
 3  committee chairperson and the ranking member shall
 4  review the complaint and supporting information to
 5  determine whether the complaint meets the requirements
 6  as to form.  If the complaint is deficient as to form,
 7  the complaint shall be returned to the complainant
 8  with instructions indicating the deficiency unless the
 9  committee decides to proceed on its own motion.  If
10  the complaint is in writing and contains the
11  appropriate certification, as soon as practicable, the
12  chairperson shall call a meeting of the committee to
13  review the complaint to determine whether the
14  complaint meets the requirements for validity and
15  whether the committee should request that the chief
16  justice of the supreme court appoint an independent
17  special counsel to conduct an investigation to
18  determine whether probable cause exists to believe
19  that a violation of the house code of ethics, house
20  rules governing lobbyists, or chapter 68B of the Code,
21  has occurred.
22     If the committee finds that a complaint does not
23  meet the content requirements for a valid complaint,
24  the committee shall dismiss the complaint and notify
25  both the complainant and the party alleged to have
26  committed the violation of the dismissal and the
27  reasons for dismissal.  A dismissal for failure to
28  meet the formal requirements for the filing of a
29  complaint shall be without prejudice and the
30  complainant may refile the complaint at any time
    Page 11
 1  within three years of the date that the alleged
 2  violation took place.  If the dismissal is based upon
 3  a failure to allege facts and circumstances necessary
 4  for a valid complaint, the dismissal shall be with
 5  prejudice and the party shall not be permitted to file
 6  a complaint based upon the same facts and
 7  circumstances.
 8     g.  Request for appointment of independent special
 9  counsel.  If, after review of the complaint and any
10  response made by the party alleged to have committed
11  the violation, the committee determines that the
12  complaint meets the requirements for form and content,
13  the committee shall request that the chief justice of
14  the supreme court appoint independent special counsel
15  to investigate the matter and determine whether
16  probable cause exists to believe that a violation of
17  chapter 68B of the Code, the house code of ethics, or
18  the house rules governing lobbyists has occurred.
19     h.  Receipt of report of independent special
20  counsel.  The report from independent special counsel
21  regarding probable cause to proceed on a complaint
22  shall be filed with the chief clerk of the house.
23  Upon receipt of the report of the independent special
24  counsel, the chief clerk shall notify the chairperson
25  of the filing of the report and shall send copies of
26  the report to the members of the ethics committee.  As
27  soon as practicable after the filing of the report,
28  the chairperson shall schedule a public meeting for
29  review of the report.  The purpose of the public
30  meeting shall be to determine whether the complaint
    Page 12
 1  should be dismissed, whether a formal hearing should
 2  be held on the complaint, or whether other committee
 3  action is appropriate.  The complainant and the person
 4  alleged to have committed the violation shall be given
 5  notice of the public meeting, shall have the right to
 6  be present at the public meeting, and may, at the
 7  discretion of the committee, present testimony in
 8  support of or against the recommendations contained in
 9  the report.
10     If the committee determines that the matter should
11  be dismissed, the committee shall cause an order to be
12  entered dismissing the matter and notice of the
13  dismissal shall be given to the complainant and the
14  party alleged to have committed the violation.  If the
15  committee determines that the complaint should be
16  scheduled for formal hearing, the committee shall
17  issue a charging statement which contains the charges
18  and supporting facts that are to be set for formal
19  hearing and notice shall be sent to the complainant
20  and the accused person.
21     The notice shall include a statement of the nature
22  of the charge or charges, a statement of the time and
23  place of hearing, a short and plain statement of the
24  facts asserted, and a statement of the rights of the
25  accused person at the hearing.
26     i.  Formal hearing.  Formal hearings shall be
27  public and conducted in the manner provided in section
28  68B.31, subsection 8 of the Code.  At a formal hearing
29  the accused shall have the right to be present and to
30  be heard in person and by counsel, to cross-examine
    Page 13
 1  witnesses, and to present evidence.  Members of the
 2  committee shall also have the right to question
 3  witnesses.
 4     Evidence at the formal hearing shall be received in
 5  accordance with rules and procedures applicable to
 6  contested cases under chapter 17A of the Code.
 7     The committee chairperson, or the vice chairperson
 8  or ranking member in the absence of the chairperson,
 9  shall preside at the formal hearing and shall rule on
10  the admissibility of any evidence received.  The
11  ruling of the chairperson may be overturned by a
12  majority vote of the committee.  Independent special
13  counsel shall present the evidence in support of the
14  charge or charges.  The burden shall be on the
15  independent special counsel to prove the charge or
16  charges by a preponderance of clear and convincing
17  evidence.  Upon completion of the formal hearing, the
18  committee shall adopt written findings of fact and
19  conclusions concerning the merits of the charges and
20  make its report and recommendation to the house.
21     j.  Recommendations by the committee.  The
22  committee shall recommend to the house that the
23  complaint be dismissed, or that one or more of the
24  following be imposed:
25     (1)  That the member or employee of the house or
26  lobbyist be censured or reprimanded, and the
27  recommended appropriate form of censure or reprimand
28  be used.
29     (2)  That the member of the house be suspended or
30  expelled from membership in the house and required to
    Page 14
 1  forfeit the member's salary for that period, the
 2  employee of the house be suspended or dismissed from
 3  employment, or that the lobbyist's or lobbyist's
 4  client's lobbying privileges be suspended.
 5     13.  COMMUNICATIONS WITH ETHICS COMMITTEE.  After a
 6  complaint has been filed or an investigation has been
 7  initiated, a party to the complaint or investigation
 8  shall not communicate, or cause another to
 9  communicate, as to the merits of the complaint or
10  investigation with a member of the committee, except
11  under the following circumstances:
12     a.  During the course of any meetings or other
13  official proceedings of the committee regarding the
14  complaint or investigation.
15     b.  In writing, if a copy of the writing is
16  delivered to the adverse party or the designated
17  representative for the adverse party.
18     c.  Orally, if adequate prior notice of the
19  communication is given to the adverse party or the
20  designated representative for the adverse party.
21     d.  As otherwise authorized by statute, the house
22  code of ethics, house rules governing lobbyists, or
23  vote of the committee.
24     14.  PERMANENT RECORD.  The chief clerk of the
25  house shall maintain a permanent record of all
26  complaints filed and any corresponding committee
27  action.  The permanent record shall be prepared by the
28  ethics committee and shall contain the date the
29  complaint was filed, name and address of the
30  complainant, name and address of the accused person, a
    Page 15
 1  brief statement of the charges made, any evidence
 2  received by the committee, any transcripts or
 3  recordings of committee action, and ultimate
 4  disposition of the complaint.  The chief clerk shall
 5  keep each complaint confidential until public
 6  disclosure is made by the ethics committee.
 7     15.  MEETING AUTHORIZATION.  The house ethics
 8  committee is authorized to meet at the discretion of
 9  the committee chairperson in order to conduct hearings
10  and other business that properly may come before it.
11  If the committee submits a report seeking house action
12  against a member or employee of the house or lobbyist
13  after the second regular session of a general assembly
14  has adjourned sine die, the report shall be submitted
15  to and considered by the subsequent general assembly.
16     16.  ADVISORY OPINIONS.
17     a.  Requests for formal opinions.  A request for a
18  formal advisory opinion may be filed by any person who
19  is subject to the authority of the ethics committee.
20  The ethics committee may also issue a formal advisory
21  opinion on its own motion, without having previously
22  received a formal request for an opinion, on any issue
23  that is within the jurisdiction of the committee.
24  Requests shall be filed with either the chief clerk of
25  the house or the chairperson of the ethics committee.
26     b.  Form and contents of requests.  A request for a
27  formal advisory opinion shall be in writing and may
28  pertain to any subject matter that is related to
29  application of the house code of ethics, the house
30  rules governing lobbyists, or chapter 68B of the Code
    Page 16
 1  to any person who is subject to the authority of the
 2  ethics committee.  Requests shall contain one or more
 3  specific questions and shall relate either to future
 4  conduct or be stated in the hypothetical.  A request
 5  for an advisory opinion shall not specifically name
 6  any individual or contain any other specific
 7  identifying information, unless the request relates to
 8  the requester's own conduct.  However, any request may
 9  contain information which identifies the kind of
10  individual who may be affected by the subject matter
11  of the request.  Examples of this latter kind of
12  identifying information may include references to
13  conduct of a category of individuals, such as but not
14  limited to conduct of legislators, legislative staff,
15  or lobbyists.
16     c.  Confidentiality of formal requests and
17  opinions.  Requests for formal opinions are not
18  confidential and any deliberations of the committee
19  regarding a request for a formal opinion shall be pub-
20  lic.  Opinions issued in response to requests for
21  formal opinions are not confidential, shall be in
22  writing, and shall be placed on file in the office of
23  the chief clerk of the house.  Persons requesting
24  formal opinions shall personally receive a copy of the
25  written formal opinion that is issued in response to
26  the request.
27     17.  PERSONAL FINANCIAL DISCLOSURE FORM.  The
28  following form shall be used for disclosure of
29  economic interests under these rules and section
30  68B.35 of the Code:
    Page 17
 1	STATEMENT OF ECONOMIC INTERESTS
 2 Name:__________________________________________________
 3	(Last)	(First)	 (Middle Initial)
 4   Address:_______________________________________________
 5	   (Street Address, Apt.#/P.O. Box)
 6                
_______________________________________________
 7	(City)	(State)	(Zip)
 8  Phone: (Home)_____/___-_____ (Business)_____/___-________
 9  *******************************************************
10     This form is due each year on or before February
11  15.  The reporting period is the most recently
12  completed calendar year.
13     In completing Division III of this form, if your
14  percentage of ownership of an asset is less than 100
15  percent, multiply your percentage of ownership by the
16  total revenue produced to determine if you have
17  reached the $1,000 threshold.
18     Do not report income received by your spouse or
19  other family members.
20     In completing this form, if insufficient space is
21  provided for your answer, you may attach additional
22  information/answers on full-size sheets of paper.
23  Division I.  Business, Occupation, Profession.
24     List each business, occupation, or profession in
25  which you are engaged, the nature of the business if
26  not evident, and your position or job title.  No
27  income threshold or time requirement applies.
28     Examples:
29     If you are employed by an individual, state the
30  name of the individual employer, the nature of the
    Page 18
 1  business, and your position.
 2     If you are self-employed and are not incorporated
 3  or are not doing business under a particular business
 4  name, state that you are self-employed, the nature of
 5  the business, and your position.
 6     If you own your own corporation, are employed by a
 7  corporation, or are doing business under a particular
 8  business name, state the name and nature of the
 9  business or corporation and your position.
10  1_____________________________________________________
11  2_____________________________________________________
12  3_____________________________________________________
13  4_____________________________________________________
14  5_____________________________________________________
15  6_____________________________________________________
16  Division II.  Commissions from Sales of Goods or
17  Services to Political Subdivisions.
18     This part is to be completed only by Legislators.
19  If you received income in the form of a commission
20  from the sale of goods or services to a political
21  subdivision, state the name of the purchasing
22  political subdivision.  The amount of commission
23  earned is not required to be listed.
24  1_____________________________________________________
25  2_____________________________________________________
26  3_____________________________________________________
27  4_____________________________________________________
28  5_____________________________________________________
29  6_____________________________________________________
30  Division III.  Sources of Gross Income.
    Page  19
 1     In each one of the following categories list each
 2  source which produces more than $1,000 in annual gross
 3  income, if the revenue produced by the source was
 4  subject to federal or state income taxes last year.
 5  List the nature or type of each company, business,
 6  financial institution, corporation, partnership, or
 7  other entity which produces more than $1,000 of annual
 8  gross income.  Neither the amount of income produced
 9  nor value of the holding is required to be listed in
10  any of the items.
11  A.  Securities:  State the nature of the business of
12  any company in which you hold stock, bonds, or other
13  pecuniary interests that generate more than $1,000 in
14  annual gross income.  Income generated by multiple
15  holdings in a single company are deemed received from
16  a single source.
17  ______________________________________________________
18  ______________________________________________________
19  ______________________________________________________
20  ______________________________________________________
21  ______________________________________________________
22  ______________________________________________________
23  B.  Instruments of Financial Institutions:  State the
24  types of institutions in which you hold financial
25  instruments, such as certificates of deposit, savings
26  accounts, etc., that produce annual gross income in
27  excess of $1,000, e.g., banks, savings and loans, or
28  credit unions.
29  ______________________________________________________
30  ______________________________________________________
    Page 20
 1  ______________________________________________________
 2  ______________________________________________________
 3  ______________________________________________________
 4  ______________________________________________________
 5  C.  Trusts:  State the nature or type of any trust
 6  from which you receive more than $1,000 of gross
 7  income annually.
 8   ______________________________________________________
 9   ______________________________________________________
10  ______________________________________________________
11  ______________________________________________________
12  ______________________________________________________
13  ______________________________________________________
14  D.  Real Estate:  State the general nature of real
15  estate interests that generate more than $1,000 of
16  gross income annually, e.g., residential leasehold
17  interest or farm leasehold interest.  The size or
18  location of the property interest is not required to
19  be listed.
20  ______________________________________________________
21  ______________________________________________________
22  ______________________________________________________
23  ______________________________________________________
24  ______________________________________________________
25  ______________________________________________________
26  E.  Retirement Systems:  State the name of each
27  pension plan or other corporation or company that pays
28  you more than $1,000 annually in retirement benefits.
29  ______________________________________________________
30  ______________________________________________________
    Page 21
 1   ______________________________________________________
 2   ______________________________________________________
 3   ______________________________________________________
 4   ______________________________________________________
 5  F.  Other Income Categories Specified in State and
 6  Federal Income Tax Regulations.
 7   ______________________________________________________
 8   ______________________________________________________
 9   ______________________________________________________
10  ______________________________________________________
11  ______________________________________________________
12  ______________________________________________________
13  ______________________________________     _____________
14  (Signature of Filer)	(Date)

The motion prevailed and the resolution was adopted.
 HOUSE RESOLUTION 3 ADOPTED
Metcalf of Polk called up for consideration House Resolution 3,
a resolution paying tribute to the memory of Dennis J. Nagel,
and moved its adoption.
The motion prevailed and the resolution was adopted.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 37, a bill for an act relating to the control of
emissions from grain storage facilities, by imposing a
moratorium upon the department of natural resources, and
providing an effective date, with report of committee
recommending amendment and passage, was taken up for
consideration.
Greig of Emmet offered the following amendment H-3006 filed by
the committee on agriculture and moved its adoption:
H-3006
 1     Amend Senate File 37, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 455B.133, subsection 8, Code
 6   1995, is amended by adding the following new
 7   paragraph:
 8     NEW PARAGRAPH.  c.  Adopt rules for the issuance of
 9   a single general permit, after notice and opportunity
10   for a public hearing.  The single general permit shall
11   cover numerous sources to the extent that the sources
12   are representative of a class of facilities which can
13   be identified and conditioned by a single permit."
14     2.  Page 1, by inserting after line 28 the
15   following:
16     "A permit shall not be required for the operation
17   of a grain elevator for one hundred twenty days
18   following the expiration of the moratorium or the date
19   that departmental rules relating to the administration
20   or enforcement of the clean air operating permit
21   program become effective, whichever occurs earlier."
22     3.  Title page, line 3, by inserting after the
23   word "resources," the following:  "providing for the
24   issuance of a single permit,".
The committee amendment H-3006 was adopted.
Greig of Emmet 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. 37)
The ayes were, 95:
Arnold         	Baker          	Bell           	Blodgett      
	Boddicker      	Boggess        	Bradley        	Brammer       
	Brand          	Branstad       	Brauns         	Brunkhorst    
	Burnett        	Carroll        	Cataldo        	Churchill     
	Cohoon         	Connors        	Coon                  	Cormack 
      	Cornelius      	Daggett        	Disney         	Doderer  
     	Drake          	Eddie          	Ertl           	Fallon    
    	Garman         	Gipp           	Greig          	Greiner    
   	Gries          	Grubbs         	Grundberg      	Hahn        
  	Halvorson      	Hammitt        	Hanson         	Harper       
 	Harrison       	Heaton         	Holveck        	Houser        
	Huseman        	Jacobs         	Klemme         	Koenigs       
	Kreiman        	Kremer         	Lamberti       	Larkin        
	Larson         	Lord           	Main           	Martin        
	Mascher        	May            	McCoy          	Mertz         
	Metcalf        	Meyer          	Millage        	Moreland      
	Mundie         	Murphy	Myers          	Nelson,  B.     
	Nelson, L.       	Nutt           	O'Brien        	Ollie        
 	Rants          	Renken         	Running        	Salton        
	Schrader       	Schulte        	Shoultz        	Siegrist      
	Sukup          	Teig           	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra      
	Warnstadt      	Weidman        	Weigel         	Welter        
	Wise           	Witt           	Mr. Speaker
		  Corbett

The nays were, none:

Absent or not voting, 5:

Bernau         	Dinkla         	Drees          	Hurley        
	Jochum
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
SENATE JOINT RESOLUTION 6 REREFERRED
The Speaker announced that Senate Joint Resolution 6, previously
referred to committee on state government, was passed on file.
On motion by Siegrist of Pottawattamie, the House was recessed
at 1:32 p.m., until 5:00 p.m.
EARLY EVENING SESSION
The House reconvened at 5:03 p.m., Speaker Corbett in the chair.
 SPONSOR ADDED
(House File 1080)
Harrison of Scott requested to be added as a sponsor of House
File 108.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on February 1,
1995. Had I been present, I would have voted "aye" on House
Files 15, 29, 120 and Senate File 17.
DAGGETT of Union
                                 COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT  OF EDUCATION
An Economic Impact Study of the Proposed Rules For Special
Education in Iowa Executive Summary and Technical Report,
pursuant to Chapter 1199, 1994 Acts of the Seventy-fifth General
Assembly.
DEPARTMENT OF ECONOMIC DEVELOPMENT 
A report on the Value-Added Agricultural Products and Processes
Financial Assistance Program, pursuant to Chapter 1119, 1995
Acts of the Seventy-fifth General Assembly.
OFFICE OF TREASURER OF STATE
The Linked Investments for Tomorrow Annual Report, pursuant to
Chapter 12.38, Code of Iowa. 
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House      
1995\36	Edward Eugene Conwell, Jr., Mt. Pleasant - For attaining
the rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1995\37	Brian D. Hall, Cedar Rapids - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
House File 82
Environmental Protection: Rants, Chair; Boggess and Drees.
House File 89
Environmental Protection: Rants, Chair; Holveck and Meyer.
House File 102
Judiciary: Coon, Chair; Brammer and Lamberti.
House File 107
Judiciary: Grubbs, Chair; Harrison and Holveck.
House File 109
Judiciary: Millage, Chair; Lamberti and Moreland.
House File 114
Judiciary: Veenstra, Chair; Coon and Kreiman.
House File 118
Judiciary: Boddicker, Chair; Bell and Harrison.
House File 119
Judiciary: Boddicker, Chair; Bernau and Coon.
Senate File 9
Local Government: Klemme, Chair; Carroll and Mertz.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 18
Environmental Protection: Greiner, Chair; Mascher and Teig.
House Study Bill 23
Environmental Protection: Vande Hoef, Chair; Shoultz and Van
Fossen.
House Study Bill 28
Judiciary: Lamberti, Chair; Doderer and Harrison.
House Study Bill 38
Judiciary: Veenstra, Chair; Coon and Shoultz.
House Study Bill 39
Judiciary: Veenstra, Chair; Bernau and Coon.
House Study Bill 40
Judiciary: Veenstra, Chair; Coon and Moreland.
House Study Bill 44
Judiciary: Boddicker, Chair; Brammer and Millage.
House Study Bill 46
Judiciary: Millage, Chair; Brammer and Hurley.
House Study Bill 71
Ways and Means: Dinkla, Chair; Brammer and Teig.
House Study Bill 73
Local Government: Weidman, Chair; Larkin and Martin.
House Study Bill 74
Local Government: Klemme, Chair; Arnold and Drees.
House Study Bill 75
State Government: Tyrrell, Chair; Bradley and Cataldo.
House Study Bill 76
State Government: Renken, Chair; Brammer and Coon.
House Study Bill 77
State Government: Ertl, Chair; Thomson and Witt.
House Study Bill 80
Local Government: Klemme, Chair; Arnold and Drees.
House Study Bill 81
Local Government: Vande Hoef, Chair; Myers and Weidman.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 83 State Government
Relating to regulation of food establishments and providing for
fees and penalties.
H.S.B. 84 Environmental Protection
Relating to solid waste by removing penalties for failure to
meet waste reduction and recycling goals, changing provisions of
the mandatory beverage container deposit law, requesting the
allocation of landfill alternative grant moneys, and making
encouragement of curbside recycling a public policy of the state.
H.S.B. 85 Environmental Protection
Relating to plastic garbage can liners with recycled content.
H.S.B. 86  Judiciary
Relating to property exempt from criminal forfeiture.
H.S.B.  87 Judiciary
Eliminating the restitution limit for the offense of operating a
motor vehicle while intoxicated.
H.S.B.  88 Judiciary
Requiring the administrative revocation of driving privileges of
persons under the age of twenty-one who operate a motor vehicle
with an alcohol concentration of .02 or more, denying issuance
of temporary restricted licenses during the period of
revocation, including the revocation under implied consent
provisions, providing for civil penalties, and excluding the
revocation from application of certain motor vehicle financial
responsibility requirements.
H.S.B.  89 Judiciary
Relating to compensation for victims of crimes, by providing for
compensation to secondary victims of crimes and increasing the
maximum amount that may be recovered for loss of work income due
to injuries received by victims.
H.S.B.  90 Judiciary
Related to criminal offenses against minors and sexually violent
offenses and offenders committing those offenses, by requiring
registration by offenders, providing for the establishment of a
sex offender registry, and providing penalties.
H.S.B.  91 Judiciary
Relating to marriage dissolution actions, including automatic
imposition of temporary restraining orders and filing of
grandparent visitation petitions.
H.S.B.  92 Judiciary
Proposing an amendment to the Constitution of the State of Iowa
to eliminate the limitation on fines for offenses which may be
summarily tried without indictment.
H.S.B.  93 Judiciary
Relating to providing for a five-year minimum prison term for a
person who uses a knife in the commission of a forcible felony.
H.S.B.  94 Transportation
Relating to the operation of all-terrain vehicles and
snowmobiles on roads and applying penalties.
H.S.B.  95 Ways and Means
Relating to a sales tax exemption for industrial machinery,
equipment and computers used primarily for waste reduction.
H.S.B. 96 Human Resources
Providing for notification of certain persons receiving public
assistance of tax suspension provisions.
H.S.B. 97 Human Resources
Relating to anabolic steroids and the Iowa uniform controlled
substances Act.
H.S.B. 98 Human Resources
Relating to lead inspection and abatement, including measures to
address cases of lead-poisoned children, providing for a
contingency for implementation based upon receipt of federal
funding, and providing a penalty.
H.S.B. 99 Human Resources
Relating to the development and implementation of a coordinated
statewide trauma care delivery system and providing penalties
and immunity from liability.
H.S.B. 100 Human Resources
Relating to child support recovery.
H.S.B. 101 Human Resources
Relating to termination of parental rights involving abuse or
neglect of a child by the child's parent.
H.S.B. 102 Human Resources
Relating to child abuse involving termination of parental rights
in certain abuse or neglect cases and access by other states to
child abuse information.
H.S.B. 103 Human Resources
Relating to procedures applicable to civil commitment, by
providing that the county attorney present evidence in support
of an application for commitment of a chronic substance abuser,
by permitting appointment of the patient advocate from the
county of commitment, by extending the time for appeal from a
referee's finding, and by deleting language relating to the
appointment of a conservator for mentally ill persons.
H.S.B. 104 Human Resources
To nullify an administrative rule of the department of human
services relating to the definition of persons with mental
retardation, and providing an effective date.
H.S.B. 105 Agriculture
Relating to Iowa-foaled horses and Iowa-whelped dogs used for
breeding and racing.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received
and is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON WAYS AND MEANS
Senate File 69, a bill for an act relating to county
expenditures of property taxes for mental health and
developmental disabilities costs by providing for reduction of
property taxes, making appropriations, and providing an
effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3030, February 2,
1995.
Pursuant to Rule 34, Senate File 69 was placed on the Special
Order Calendar for February 20, 1995. 
RESOLUTION FILED
HCR 17, by Cormack and Mundie, a concurrent resolution urging
the Federal Trade Commission to amend a consent agreement that
would require the divestiture of the Fort Dodge Friskies PetCare
Plant.
Laid over under Rule 25.
AMENDMENTS FILED
H-3027	H.C.R.	10	Senate amendment
H-3028	S.F.	13	Fallon of Polk
H-3029	S.F.	13	Fallon of Polk
H-3030	S.F.	69	Committee on Ways and 				  Means
H-3031	S.F.	13	Witt of Black Hawk
	Jacobs of Polk	Larkin of Lee
	Nelson of Pottawattamie	Harper of Black Hawk
	Metcalf of Polk	Nelson of Marshall
	Brand of Benton	Moreland of Wapello
H-3032	S.F.	13	Boddicker of Cedar
On motion by Siegrist of Pottawattamie, the House adjourned at
5:05 p.m. until 8:45 a.m., Tuesday, February 7, 1995.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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