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House Journal: Tuesday, February 7, 1995

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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