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Thirty-sixth Calendar Day - Twenty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, February 13, 1995 The House met pursuant to adjournment at 1:00 p.m. Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Karen Groe Dearchs, pastor of the Methodist Churches of Hornick and Smithland and the UCC Church of Rodney. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Johari Reed, Kelifala Dabo, Jalaal Reed and Ed Rhodes of the Corinthian Baptist Church Boy Scout Troop. The Journal of Friday, February 10, 1995 was approved. PETITION FILED By Eddie of Buena Vista from forty-four constituents of District 10 favoring the adoption and ratification of a constitutional amendment allowing the states and congress to enact laws prohibiting physical desecration of the United States flag. LEAVE OF ABSENCE Leave of absence was granted as follows: Brammer of Linn, until his return, on request of Schrader of Marion. INTRODUCTION OF BILLS House File 158, by Renken, a bill for an act imposing a limit on noneconomic damages in tort actions. Read first time and referred to committee on judiciary. House File 159, by committee on ways and means, a bill for an act relating to the production of ornamental, flowering, or vegetable plants for purposes of the state sales tax. Read first time and placed on the ways and means calendar. House File 160, by Weidman, a bill for an act relating to imposing a prison and jail surcharge on scheduled fines and forfeitures and providing for the appropriation and disposition of the proceeds from the surcharge for prisons and jails. Read first time and referred to committee on judiciary. House File 161, by committee on technology, a bill for an act relating to the fee which may be charged by an Iowa communications network receiving site. Read first time and placed on the calendar. House File 162, by Weigel, a bill for an act relating to establishing incentive regulation and pricing flexibility for telephone companies. Read first time and referred to committee on commerce-regulation. House File 163, by Meyer, a bill for an act providing for interests by persons in certain entities owning or leasing agricultural land, and making penalties applicable. Read first time and referred to committee on agriculture. House File 164, by committee on ways and means, a bill for an act updating the Iowa Code references to the Internal Revenue Code and providing retroactive applicability and effective dates. Read first time and placed on the ways and means calendar. SENATE MESSAGES CONSIDERED Senate File 14, by Horn, a bill for an act relating to the commission on compensation, expenses, and salaries for elective state officials and providing an effective date. Read first time and referred to committee on state government. Senate File 82, by committee on human resources, a bill for an act relating to medical assistance provisions including those relating to presumptive eligibility for pregnant women and the estates and trusts of recipients of medical assistance and providing an effective date. Read first time and referred to committee on human resources. Senate File 87, by committee on judiciary, a bill for an act relating to nonsubstantive Code corrections, and providing effective and applicability date provisions. Read first time and referred to committee on judiciary. Senate File 88, by committee on judiciary, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. Read first time and referred to committee on judiciary. Senate File 93, by committee on judiciary, a bill for an act 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, permitting the charging of fees, and providing penalties. Read first time and referred to committee on judiciary. Senate File 114, by committee on human resources, a bill for an act relating to anabolic steroids and the Iowa uniform controlled substances Act. Read first time and referred to committee on human resources. 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 9, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: 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, providing for the issuance of a single permit, and providing an effective date. JOHN F. DWYER, Secretary CONSIDERATION OF BILLS House File 132, a bill for an act making supplemental appropriations for the fiscal year beginning July 1, 1994, and providing an effective date, was taken up for consideration. The House stood at ease at 1:20 p.m., until the fall of the gavel. The House reconvened, at 2:10 p.m., Speaker Corbett in the chair. Wise of Lee offered the following amendment H-3054 filed by him and Brand and moved its adoption: H-3054 1 Amend House File 132 as follows: 2 1. Page 1, line 28, by striking the figure 3 "3,445,000" and inserting the following: "3,695,000". 4 2. Page 1, by inserting after line 28 the 5 following: 6 "Of the moneys appropriated in this section, 7 $250,000 shall be used for costs associated with the 8 network including but not limited to 11 additional 9 FTEs, financial management needs, technical resources, 10 equipment, furnishing, support, and computer costs 11 associated with current and additional staff." A non-record roll call was requested. The ayes were 30, nays 56. Amendment H-3054 lost. Millage of Scott offered the following amendment H-3039 filed by him and moved its adoption: H-3039 1 Amend House File 132 as follows: 2 1. Page 2, by striking line 8 and inserting the 3 following: 4 "................................................. $ 2,250,000". Amendment H-3039 was adopted. Millage of Scott asked and received unanimous consent to withdraw amendment H-3053 filed by him on February 8, 1995. Running of Linn offered the following amendment H-3072 filed by him and moved its adoption: H-3072 1 Amend House File 132 as follows: 2 1. Page 2, by inserting after line 8 the 3 following: 4 "The director of the department of economic 5 development shall develop a proposed decision-making 6 process for managing the community economic betterment 7 program so that moneys available to the program for a 8 fiscal year are sufficient for the entire fiscal year 9 and a supplemental appropriation for the program is 10 not requested. The director shall submit the proposed 11 decision-making process to the general assembly and 12 the economic development board on or before April 14, 13 1995." Roll call was requested by Schrader of Marion and Running of Linn. On the question "Shall amendment H-3072 be adopted?" (H.F. 132 ) The ayes were, 36: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 62: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker, Corbett Absent or not voting, 2: Brammer Gipp Amendment H-3072 lost. Murphy of Dubuque asked and received unanimous consent to suspend the rules to consider the following amendment H-3077, filed by Murphy of Dubuque and Millage from the floor and moved its adoption: H-3077 1 Amend House File 132, as follows: 2 1. By striking page 1, line 20 and inserting the 3 following: 4 "................................................................ . $ 674,809". Amendment H-3077 was adopted. Carroll of Poweshiek in the chair at 3:17 p.m. Millage of Scott 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. 132) The ayes were, 68: Arnold Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larkin Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Witt Carroll, Presiding The nays were, 29: Baker Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Mascher May McCoy Mertz Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Wise Absent or not voting, 3: Brammer Kreiman Moreland The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Under the provisions of Rule 76, relating to conflict of interest, Moreland of Wapello and Kreiman of Davis refrained from voting. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 132 be immediately messaged to the Senate. COMMUNICATION FROM THE STATE APPEAL BOARD The following communication was received from the State Appeal Board on February 2, 1995, and is on file in the office of the Chief Clerk: February 2, 1995 Chief Clerk House of Representatives Statehouse LOCAL Dear Chief Clerk: These are transmitted herewith claims against the State of Iowa to be filed with the Administration and Rules Committee of the House of Representatives. This listing includes 89 claims of general nature that were denied by the State Appeal Board at the January 10, 1995 meetings. This supplements our filing of January 10, 1995. The attached index shows claim number, name and address of claimant and the amount requested in the claim. Sincerely, Michael L. Fitzgerald Chairperson STATE APPEAL BOARD Receipt of the above is hereby acknowledged. ELIZABETH A. ISAACSON Chief Clerk of the House DENIED GENERAL CLAIMS BY THE STATE APPEAL BOARD SUBMITTED TO THE 76TH GENERAL ASSEMBLY January 1995 Claim Claimant City and State Type Amount G940454 City of Ferguson Marshalltown, IA Sales Tax Refund $2,490.21 G950054 Joseph & Marcella Shenandoah, IA Income Tax Refund $1,711.00 Ryan G950059 Karl E. Schueller Dubuque, IA Income Tax Refunds $3,600.00 G950060 Tom Million Hamburg, IA Income Tax Refunds $2,527.00 G950062 Dwight M. Dalrymple Waterloo, IA Income Tax Refund $551.00 G950063 Dwight M. Dalrymple Waterloo, IA Income Tax Refund $561.00 G950064 Dwight M. Dalrymple Waterloo, IA Income Tax Refund $462.00 G950073 LeRoy & Helen Evans Burlington, IA Income Tax Refund $823.00 G950074 Norbert D. Moh Des Moines, IA Income Tax Refund $5,503.00 G950076 Dudley D. Kool Sioux City, IA Income Tax Refund $77.00 G950078 Robert B. Brostad Galva, IA Income Tax Refund $1,270.00 G950081 Darlene F. Smith Sioux City, IA Income Tax Refund $603.43 Claim Claimant City and State Type Amount G950082 Irma W. Hess Amana, IA Income Tax Refund $6,335.00 G950083 Ervin E. Bostwick, Jr. Riverton, IA Income Tax Refund $351.00 G950085 Claude & Betty Engle Shenandoah, IA Income Tax Refund $479.00 G950087 Rodger L. Johnston West Liberty, IA Income Tax Refund $2,305.94 G950088 Harold L. Nellist Storm Lake, IA Income Tax Refund $521.00 G950089 Dolores J. Sierck Spencer, IA Income Tax Refund Unspecified G950096 Joseph A. Mohan Hawarden, IA Income Tax Refund $2,400.00 G950098 Edna M. Ogg Ames, IA Income Tax Refund $1,219.00 G950109 Carl W. Hergert Middle, IA Income Tax Refund $1,550.00 G950110 Laura M. Goodenow Battle Creek, IA Income Tax Refund $1,487.00 G950112 Elaine Meredith Des Moines, IA Income Tax Refund $523.00 G950113 Alfred Vogel Sibley, IA Income Tax Refund $1,270.00 G950119 Floyd T. Thompson Des Moines, IA Income Tax Refund $396.00 G950120 Floyd T. Thompson Des Moines, IA Income Tax Refund $366.00 G950121 R.W. Witcombe Cherokee, IA Income Tax Refund $1,568.00 G950127 Charles & Helen Castle Shenandoah, IA Income Tax Refund $1,071.00 G950128 Don S. Amos Shenandoah, IA Income Tax Refund $1,612.00 G950129 Leon & Maria Morland Des Moines, IA Income Tax Refund $209.00 G950130 Janice I. Wachter Iowa City, IA Income Tax Refund $1,911.00 G950134 Ramona Masters Des Moines, IA Income Tax Refund $1,586.00 G950135 Robert F. Murphy Onawa, IA Income Tax Refund $771.84 G950139 Edward C. Fritsche Victor, IA Income Tax Refund Unspecified c/o Orville Bloethe G950142 Earl R. Grace Riceville, IA Income Tax Refund $459.00 G950143 Stanley G. Osterholt Sioux City Income Tax Refund $400.00 G950145William T. Stephens Sioux City, IA Income Tax Refund $2,196.14 G950146 James & Opal Lynes Plainfield, IA Income Tax Refund $2,007.00 G950153 Kenneth W. Winter Sioux City, IA Income Tax Refund $757.99 G950157 Dorothy Thompson Burlington, IA Income Tax Refund $2,008.00 Davis Claim Claimant City and State Type Amount G950159 Kenneth & Marilyn Sioux City, IA Income Tax Refund $956.00 Lyon G950161 James L. Harold Glenwood, IA Income Tax Refund $3,823.00 G950163 Doyle A. Miller Sibley, IA Income Tax Refund $801.00 G950164 Samuel D. Torrence Estherville, IA Income Tax Refund $297.00 G950165 John J. Gaynor Dubuque, IA Income Tax Refund $602.00 G950166 Ralph Miller Onawa, IA Income Tax Refund $616.00 G950169 Eugene & Gladys Ankeny, IA Income Tax Refund $2,278.09 Rittman G950170 James Oldenkamp Sioux City, IA Income Tax Refund $520.00 G950176 Donald and Dean De Sioux Center, IA Income Tax Refund $165.00 Gooyer G950177 James & Lucille Sioux City, IA Income Tax Refund $479.00 Harty G950178 Virginia A. VanSlyke Bellevue, IA Income Tax Refund $580.63 G950179 Harold & Alice Marshalltown, IA Income Tax Refund $3,036.00 Lofgreen G950180 Robert & Shirlee Iowa City, IA Income Tax Refund $974.77 Odell G950183 Frederick E. Bishop Glenwood, IA Income Tax Refund $1,552.00 G950184 Wilbur J. Vogel Dubuque, IA Income Tax Refund $1,740.00 G950192 Carol M. Vincent Iowa City, IA Income Tax Refund $151.00 G950196 Peter Paul Allos Mason City, IA Income Tax Refund $3,712.00 G950200 Melvin L. Allison Cedar Rapids, IA Income Tax Refund $2,350.00 G950202 Harold Barnes Sioux City, IA Income Tax Refund $358.00 G950203 Lester Gerkey, Chariton, IA Income Tax Refund $85.00 deceased, by Theda Gerkey, widow G950206 Marjorie M. Smith Sioux City, IA Income Tax Refund $439.56 G950207 Richard & Elizabeth Davenport, IA Income Tax Refund $1,698.00 Pianca G950208 Richard & Elizabeth Davenport, IA Income Tax Refund $4,287.00 Pianca Claim Claimant City and State Type Amount G950209 Maxine E. Spurgeon Wausau, WI Income Tax Refund $1,767.00 G950212 Geraldine Wessman Ames,, IA Income Tax Refund $3,110.00 G950213 Andrea L. Traverse City, MI Income Tax Refund $3,058.00 Tatkon-Coker G950214 Thomas W. Fries Urbandale, IA Income Tax Refund $139.00 G950215 Thomas W. Fries Urbandale, IA Income Tax Refund $134.00 G950216 Thomas W. Fries Urbandale, IA Income Tax Refund $98.00 G950217 Thomas W. Fires Urbandale, IA Income Tax Refund $82.00 G950218 Ira L. Good Glenwood, IA Income Tax Refund $1,406.00 G950220 Robert L. Davis Glenwood, IA Income Tax Refund $3,083.00 G950223 John V. McDonough Oxford, IA Income Tax Refund $196.00 G950224 John V. McDonough Oxford, IA Income Tax Refund $225.00 G950225 John V. McDonough Oxford, IA Income Tax Refund $241.00 G950226 John V. McDonough Oxford, IA Income Tax Refund $289.00 G950230 James McDonough Oxford, IA Income Tax Refund $255.00 G950231 Ralph J. Reining Laurens, IA Income Tax Refund $56.00 G950232 Rita R. Brooks Coralville, IA Income Tax Refund $301.00 G950234 Forrest & Margaret Estherville, IA Income Tax Refund Unspecified Peterson G950248 Oliver Thompson Ridgeway, IA Income Tax Refund $607.00 G950249 Oliver Thompson Ridgeway, IA Income Tax Refund $581.00 G950250 Oliver Thompson Ridgeway, IA Income Tax Refund $589.00 G950251 Oliver Thompson Ridgeway, IA Income Tax Refund $600.00 G950252 Lloyd A. Trometer Sioux City, IA Income Tax Refund $1,096.00 G950257 John T. & Hilda Ankeny, IA Income Tax Refund $56.00 Feeley, Sr. G950258 John T. & Hilda Ankeny, IA Income Tax Refund $197.00 Feeley, Sr. G950259 Arthur & Josephine Boone, IA Income Tax Refund $723.00 Wetteland Claim Claimant City and State Type Amount G950260 Barry Ratley Council Bluffs, IA Income Tax Refund $4,667.00 G950261 Lloyd G. Good Burlington, IA Income Tax Refund $856.00 G951073 Lutheran Social Des Moines, IA Purchase of Service $277.29 Service of Iowa BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on February 13, 1995, he approved and transmitted to the Secretary of State the following bill: House File 3, an act relating to the state banner. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Thursday evening, February 9, 1995. Had I been present, I would have voted "aye" on Senate File 13. BRAUNS of Muscatine I was necessarily absent from the House chamber on Thursday evening, February 9, 1995. Had I been present, I would have voted "aye" on Senate File 13. HOUSER of Pottawattamie PRESENTATION OF VISITORS Daggett of Union presented to the House the Honorable Arlo Hullinger, former member of the House representing Decatur County. The Speaker announced that the following visitors were present in the House chamber: Three high school students from Starmont High School. By Halvorson of Clayton and Kremer of Buchanan. CERTIFICATE OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that a certificate of recognition has been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1995\43 Paul and Doris Van Gorp, Newton - For celebrating their 50th wedding anniversary. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 130 Ways and Means Relating to state and local taxes including appeals of department of revenue and finance actions, the prohibition of unconstitutional or illegal tax collections, assessment procedures pertaining to amended returns, corporate income tax rates, sales tax on test laboratory services, collection of sales tax by out-of-state retailers, interest accrual on sales and use tax refunds, sales and use tax exemption for machinery and equipment replacement parts, sales tax permit denial for delinquent taxes, bonding provisions for sales tax and environmental protection charge contested case decisions, costs associated with contested case hearings, penalty for underpayment of corporation income and franchise taxes, services subject to use tax, penalty for underpayment of use tax, disclosure of tax return information, the repeal of obsolete property tax provisions, and imposition of the drug excise tax on unprocessed marijuana plants. H.S.B. 131 Ways and Means Relating to sales tax exemptions for aircraft repair and replacement parts inventories in certain sized counties. H.S.B. 132 Economic Development Relating to the statute of limitations for products liability actions and providing immunity from products liability under certain circumstances. H.S.B. 133 Commerce-Regulation Relating to pipelines and underground storage of hazardous liquids, and providing penalties and effective and retroactive applicability date provisions. H.S.B. 134 Commerce-Regulation Eliminating the prohibition on a company formed for the purpose of insurance from offering title insurance or insurance against loss or damage by reason of defective title. H.S.B. 135 Commerce-Regulation Relating to the administration of trusts and estates by corporate fiduciaries. H.S.B. 136 Judiciary Relating to the establishment of surrogacy procedures and providing for the Act's applicability. H.S.B. 137 Judiciary Relating to the civil rights commission concerning the enforcement of civil rights laws, and the promotion and transfer of employed disabled persons. H.S.B. 138 Judiciary Relating to the enforcement of civil rights laws by the civil rights commission by changing the definition of a public accommodation and by granting the commission subpoena power. RESOLUTION FILED S.C.R. 14, by committee on rules and administration, a senate concurrent resolution relating to a Biennial Memorial Session. Laid over under Rule 25. AMENDMENTS FILED H-3076 H.F. 11 O'Brien of Boone H-3078 H.F. 126 Kremer of Buchanan Heaton of Henry H-3079 H.F. 126 Kremer of Buchanan Heaton of Henry H-3080 H.F. 126 Kremer of Buchanan Heaton of Henry H-3081 H.F. 126 Kremer of Buchanan Heaton of Henry H-3082 H.F. 126 Kremer of Buchanan Heaton of Henry H-3083 H.F. 126 Kremer of Buchanan Heaton of Henry H-3084 H.F. 126 Kremer of Buchanan Heaton of Henry H-3085 H.F. 126 Kremer of Buchanan Heaton of Henry H-3086 H.F. 126 Kremer of Buchanan Heaton of Henry H-3087 H.F. 126 Kremer of Buchanan Heaton of Henry H-3088 H.F. 126 Kremer of Buchanan Heaton of Henry H-3089 H.F. 126 Kremer of Buchanan Heaton of Henry H-3090 H.F. 126 Kremer of Buchanan Heaton of Henry H-3091 H.F. 126 Wise of Lee Myers of Johnson Nelson of Pottawattamie Koenigs of Mitchell Warnstadt of Woodbury Bell of Jasper H-3092 H.F. 126 Kremer of Buchanan Heaton of Henry On motion by Siegrist of Pottawattamie, the House adjourned at 4:10 p.m until 8:45 a.m., Tuesday, February 14, 1995.
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