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Thirtieth Calendar Day - Eighteenth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, February 7, 1995 The House met pursuant to adjournment at 8:47 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Steven Kruse, Faith Lutheran Church, Clive. The Journal of Monday, February 6, 1995 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Connors of Polk on request of Schrader of Marion. PETITION FILED By Carroll of Poweshiek from twenty-five citizens of Iowa favoring reinstatement of the death penalty as an option for the courts of the land, to be imposed on those convicted of the heinous crime of abduction and the resultant death of the person abducted. INTRODUCTION OF BILLS House File 137, by Gipp and Shoultz, a bill for an act relating to the management of waste tires by providing for the establishment of a waste tire management grant program, allocation of moneys for the establishment and administration of waste tire management projects, providing for a fee on certificates of title, and providing for a repeal and an effective date provision. Read first time and referred to committee on environmental protection. House File 138, by Connors, a bill for an act relating to disaster leave for state employees. Read first time and referred to committee on state government. House File 139, by Blodgett, a bill for an act relating to the disclosure of the methods used by insurance companies and nonprofit health service corporations to determine the usual and customary fees for dental care benefit coverages. Read first time and referred to committee on human resources. House File 140, by Brunkhorst, a bill for an act relating to the road testing of oversized vehicles. Read first time and referred to committee on transportation. House File 141, by Doderer, Jacobs and Bell, a bill for an act relating to domestic abuse by providing that protection orders in domestic abuse cases have indefinite duration, providing for the seizure of dangerous weapons involved in a domestic violence assault and of the firearms of perpetrators, creating a statewide registry of protection orders, providing a presumption against joint custody of children in certain circumstances, and changing the penalty for violation of a protection order from contempt to a serious misdemeanor. Read first time and referred to committee on judiciary. SENATE MESSAGES CONSIDERED Senate File 66, by committee on judiciary, a bill for an act relating to cruelty to police service dogs and providing for enhanced penalties. Read first time and referred to committee on judiciary. Senate File 84, by committee on human resources, 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. Read first time and referred to committee on commerce-regulation. CONSIDERATION OF BILLS Regular Calendar House File 41, a bill for an act relating to the establishment of legal settlement for certain blind persons and providing an effective date, with report of committee recommending passage, was taken up for consideration. Blodgett of Cerro Gordo 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. 41) The ayes were, 96: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Main Martin Mascher May 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, 0: Absent or not voting, 4: Bernau Connors Larson McCoy The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 54, a bill for an act relating to the qualifications of an applicant for a license to sell real estate in this state, with report of committee recommending passage, was taken up for consideration. Disney 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?" (H.F. 54) The ayes were, 93: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum 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 Ollie Rants Renken Running Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 5: Brammer Doderer Fallon O'Brien Shoultz Absent or not voting, 2: Bernau Connors The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 94, a bill for an act to permit certain dissolutions of marriage to take place without a hearing, was taken up for consideration. Kreiman of Davis offered the following amendment H-3011 filed by him and moved its adoption: H-3011 1 Amend House File 94 as follows: 2 1. Page 1, line 13, by striking the words "if all 3 of the following conditions have been met" and 4 inserting the following: "under either of the 5 following circumstances". 6 2. Page 1, by inserting after line 13 the 7 following: 8 "a. All of the following circumstances have been 9 met:" 10 3. Page 1, line 14, by striking the letter "a." 11 and inserting the following: "(1)". 12 4. Page 1, line 19, by striking the letter "b." 13 and inserting the following: "(2)". 14 5. Page 1, line 21, by striking the letter "c." 15 and inserting the following: "(3)". 16 6. Page 1, by inserting after line 23 the 17 following: 18 "b. The respondent has not entered a general or 19 special appearance or filed a motion or pleading in 20 the case, the waiting period provided under section 21 598.19 has expired, and all of the following 22 circumstances have been met: 23 (1) The petitioner has certified in writing that 24 there has been a breakdown of the marriage 25 relationship to the extent that the legitimate objects 26 of matrimony have been destroyed and there remains no 27 reasonable likelihood that the marriage can be pre- 28 served. 29 (2) All documents required by the court and by 30 statute have been filed." Amendment H-3011 was adopted. Dinkla of Guthrie 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. 94) The ayes were, 95: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brammer Brand Brauns Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum 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, 3: Branstad Brunkhorst Hanson Absent or not voting, 2: Bernau Connors The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. On motion by Siegrist of Pottawattamie, the House was recessed at 9:35 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:02 p.m., Millage of Scott in the chair. INTRODUCTION OF BILLS House File 142, by Running, a bill for an act providing for the composition of the board of cosmetology arts and sciences examiners. Read first time and referred to committee on state government. House File 143, by Running, a bill for an act relating to the basis for admission and care of residents in nursing facilities and providing penalties. Read first time and referred to committee on human resources. House File 144, by Running, a bill for an act relating to nursing facility admissions and the source of payment of the cost of care of residents, and providing penalties. Read first time and referred to committee on human resources. House File 145, by Running, a bill for an act relating to the access to nursing facility waiting lists by applicants for admission to a nursing facility and their immediate family members, and providing penalties. Read first time and referred to committee on human resources. House File 146, by Coon, a bill for an act relating to the disapproval of an involuntary annexation proposal by referendum. Read first time and referred to committee on local government. House File 147, by Doderer, a bill for an act to establish a registry of sex offenders and providing civil and criminal penalties. Read first time and referred to committee on judiciary. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on February 7, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 60, a bill for an act relating to establishing a linked investment program for speculative building development. JOHN F. DWYER, Secretary SPECIAL PRESENTATION Fallon of Polk presented to the House K. R. Sinha, Consul General of India. Mr. Sinha, of Calcutta, is presently stationed in Chicago, Illinois and is in Des Moines to discuss a Trade Symposium with state officials. He addressed the House briefly. The House rose and expressed its welcome. HOUSE FILE 134 REREFERRED The Speaker announced that House File 134, previously referred to committee on state government, was rereferred to committee on judiciary. MOTIONS TO RECONSIDER (House File 54) I move to reconsider the vote by which House File 54 passed the House on February 7, 1995. DISNEY of Polk (House File 54) I move to reconsider the vote by which House File 54 passed the House on February 7, 1995. MORELAND of Wapello SPONSOR ADDED (House File 130) Mascher of Johnson requested to be added as a sponsor of House File 130. EXPLANATION OF VOTE I was necessarily absent from the House chamber on February 7, 1995. Had I been present, I would have voted "aye" on House File 41. LARSON of Linn PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty Junior and Senior students from Briar Cliff College, Sioux City, Iowa. By Klemme of Plymouth. COMMUNICATIONS RECEIVED The following communications were received and filed in the office of the Chief Clerk: DEPARTMENT OF PUBLIC HEALTH The 1994 Annual Report Professional Licensure, pursuant to Chapter 272C.4(2)(b), Code of Iowa. The Annual Report July 1, 1993 - June 30, 1994 on the Certificate of Need (CON) Program, pursuant to Chapter 135.77, Code of Iowa. The Report of the Center for Rural Health and Primary Care, pursuant to Chapter 1168, 1994 Acts of the Seventy-fourth General Assembly. DEPARTMENT OF REVENUE AND FINANCE Lottery Division Independent Auditor's Reports Financial Statement and Supplemental Information. 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\38 Kaitlyn Bean, Albert City - For being named the 1995 Iowa Pork Princess. 1995\39 Scott Thompson, Jesup - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. SUBCOMMITTEE ASSIGNMENTS House Joint Resolution 4 Ways and Means: Larson, Chair; Doderer, Nutt, Shoultz and Van Fossen. House File 108 Ways and Means: Drake, Chair; Jochum and Van Fossen. House File 122 Human Resources: Blodgett, Chair; Harper, Myers, Schulte and Veenstra. House File 129 Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and Myers. House File 130 Judiciary: Schulte, Chair; Boddicker and Moreland. House File 135 Judiciary: Hurley, Chair; Greiner and Kreiman. House File 136 Ways and Means: Drake, Chair; Jochum and Van Fossen. House File 137 Environmental Protection: Gipp, Chair; Drake and Shoultz. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 83 State Government: Thomson, Chair; Cataldo and Tyrrell. House Study Bill 84 Environmental Protection: Drake, Chair; Gries and Shoultz. House Study Bill 86 Judiciary: Greiner, Chair; Bernau and Schulte. House Study Bill 87 Judiciary: Veenstra, Chair; Coon and Shoultz. House Study Bill 89 Judiciary: Lamberti, Chair; Brammer and Hurley. House Study Bill 91 Judiciary: Dinkla, Chair; Kreiman and Kremer. House Study Bill 92 Judiciary: Harrison, Chair; Dinkla and Shoultz. House Study Bill 93 Judiciary: Boddicker, Chair; Bell and Greiner. House Study Bill 96 Human Resources: Boddicker, Chair; Brand, Fallon, Harrison and Hurley. House Study Bill 97 Human Resources: Blodgett, Chair; Burnett and Hurley. House Study Bill 98 Human Resources: Ertl, Chair; Brand and Salton. House Study Bill 99 Human Resources: Blodgett, Chair; Harper, Myers, Schulte and Veenstra. House Study Bill 100 Human Resources: Harrison, Chair; Fallon, Hammitt, Hurley and Moreland. House Study Bill 101 Human Resources: Salton, Chair; Burnett, Lord, Murphy and Veenstra. House Study Bill 102 Human Resources: Salton, Chair; Burnett, Lord, Murphy and Veenstra. House Study Bill 103 Human Resources: Carroll, Chair; Hammitt, Lord, Myers and Witt. House Study Bill 104 Human Resources: Carroll, Chair; Hammitt, Lord, Myers and Witt. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 50.1 (Revised) Agriculture Providing for the regulation of animal feeding operations, providing for fees, the expenditure of moneys, and providing for penalties. H.S.B. 106 Appropriations Appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated or if categorical grants are consolidated into new or existing block grants and providing an effective date. H.S.B. 107 Appropriations Relating to energy conservation including making appropriations of petroleum overcharge funds. 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 LOCAL GOVERNMENT House File 36, a bill for an act relating to public water supply system fees. Fiscal Note is not required. Recommended Do Pass February 6, 1995. RESOLUTIONS FILED HR 5, by committee on natural resources, providing special recognition and support to the seventy-fifth anniversary of Iowa's state parks system and urging all citizens and leaders in government, academia, and business to give special recognition to the many and varied services our state parks have given for three-quarters of a century. Laid over under Rule 25. HR 6, by committee on ethics, to amend the rules governing lobbyists in the House of Representatives. Placed on the calendar. SCR 11, by committee on transportation, declaring support for Amtrak. Referred to committee on transportation. AMENDMENTS FILED H-3033 S.F. 32 Hammitt of Harrison H-3034 S.F. 13 Harper of Black Hawk H-3035 S.F. 13 Boddicker of Cedar H-3036 H.F. 133 Koenigs of Mitchell H-3037 S.F. 13 Connors of Polk McCoy of Polk Halvorson of Clayton Ollie of Clinton H-3038 S.F. 13 Connors of Polk McCoy of Polk Ollie of Clinton Halvorson of Clayton H-3039 H.F. 132 Millage of Scott H-3040 S.F. 13 Kreiman of Davis On motion by Siegrist of Pottawattamie, the House adjourned at 1:16 p.m. until 8:45 a.m., Wednesday, February 8, 1995.
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