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House Journal: Tuesday, February 14, 1995

Thirty-seventh Calendar Day - Twenty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 14, 1995
The House met pursuant to adjournment at 8:48 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Cathy Young, First Presbyterian
Church of Waterloo.
The Journal of  Monday, February 13, 1995  was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bernau of Story on request of Schrader of Marion; Siegrist of
Pottawattamie on request of Gipp of Winneshiek.
INTRODUCTION OF BILLS
House File 165, by Shoultz, a bill for an act creating an
assisted school districts fund and making an appropriation.
Read first time and referred to committee on education.
House File 166, by Mertz, a bill for an act relating to
procedures and criteria for recovery by private property owners
due to inverse condemnation of real property by state government
action and providing an applicability date.
Read first time and referred to committee on agriculture.
House File 167, by Ollie, a bill for an act making an
appropriation to the teacher exchange program.
Read first time and referred to committee on education.
House File 168, by Koenigs, a bill for an act relating to animal
feeding operations, by providing for a pilot project, and
providing for an appropriation.
Read first time and referred to committee on agriculture.
CONSIDERATION OF BILLS
Appropriations Calendar
House File 133, a bill for an act creating a highway safety
patrol fund, allocating use tax receipts, and providing
appropriations, was taken up for consideration.
The House stood at ease at 8:53 a.m., until the fall of the
gavel.
The House resumed session at 10:06 a.m., Speaker Corbett in the
chair.
Gipp of Winneshiek asked and received unanimous consent that
House File 133 be deferred and that the bill retain its place on
the calendar.
On motion by Gipp of Winneshiek, the House was recessed at 10:09
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House resumed session at 1:00 p.m., Speaker Corbett in the
chair.
CONSIDERATION OF
 HOUSE CONCURRENT RESOLUTION 13
Martin of Scott called up for consideration of House Concurrent
Resolution 13, a concurrent resolution recognizing the
seventy-fifth anniversary of the founding of the League of Women
Voters of Iowa, and moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House Concurrent Resolution 13 be immediately messaged to the
Senate.
SPECIAL PRESENTATION
Martin of Scott presented to the House Jane Cox, Professor of
Theatre, Iowa State University, who portrayed Carrie Chapman
Catt, of Iowa, the founder of the League of Women Voters
organization on February 14, 1920. The organization is
celebrating the Seventy-fifth Anniversary. Ms. Cox, assuming the
role of Carrie Chapman Catt, addressed the House briefly with
Ms. Catt's remarks. 
The House rose and expressed its welcome.
CONSIDERATION OF BILLS
Appropriations Calendar
The House resumed consideration of House File 133, a bill for an
act creating a highway safety patrol fund, allocating use tax
receipts, and providing appropriations, was taken up for
consideration, previously deferred.
Koenigs of Mitchell offered the following amendment H-3036 filed
by him and moved its adoption:
H-3036
 1     Amend House File 133 as follows:
 2     1.  Page 1, by striking lines 19 through 22 and
 3   inserting the following:
 4     "2.  Any revenues remaining shall be credited to
 5   the road use tax fund created under section 312.1."

Roll call was requested by Koenigs of Mitchell and Rants of
Woodbury.
On the question "Shall amendment H-3036 be adopted?" ( H.F. 133)
The ayes were, 52:
Arnold         	Bernau         	Boggess        	Bradley       
	Brand          	Branstad       	Brunkhorst     	Burnett       
	Carroll        	Cohoon         	Coon           	Cornelius     
	Daggett        	Doderer        	Drake          	Drees         
	Eddie          	Garman         	Greig          	Greiner       
	Gries          	Hammitt        	Harper         	Heaton        
	Houser         	Hurley         	Huseman        	Jochum        
	Klemme         	Koenigs        	Kreiman        	Kremer        
	Larkin         	Lord           	Main           	Mascher       
	May            	Mertz          	Meyer          	Moreland      
	Mundie         	Murphy         	Myers          	Nelson, L.     
 	O'Brien        	Ollie          	Salton         	Schrader      
	Teig           	Tyrrell        	Weidman        	Weigel         	
The nays were, 44:
Baker          	Bell           	Blodgett       	Boddicker     
	Brauns         	Cataldo        	Churchill      	Connors        
    Cormack        	Dinkla         	Disney         	Ertl        
  	Gipp           	Grubbs         	Hahn           	Halvorson    
 	Hanson         	Harrison       	Holveck        	Jacobs        
	Lamberti       	Larson         	Martin         	McCoy         
	Metcalf        	Millage        	Nelson,  B.      	Nutt         
 	Rants          	Renken         	Running        	Schulte       
	Shoultz        	Sukup          	Thomson        	Van Fossen    
	Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt     
	Welter         	Wise           	Witt           	Mr. Speaker				
  Corbett
Absent or not voting, 4:
Brammer        	Fallon         	Grundberg      	Siegrist       	
Amendment H-3036 was adopted.
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. 133)
The ayes were, 92:
Arnold         	Baker          	Bell           	Blodgett      
	Boddicker      	Boggess        	Bradley        	Brand         
	Branstad       	Brauns         	Brunkhorst     	Burnett       
	Carroll        	Cataldo        	Cohoon         	Connors       
	Coon                  	Cormack        	Cornelius      	Daggett 
      	Dinkla         	Disney         	Doderer        	Drake    
     	Drees          	Eddie          	Ertl           	Garman    
    	Gipp           	Greig          	Greiner        	Gries      
   	Grubbs         	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         
	Meyer          	Millage        	Moreland       	Mundie        
	Murphy         	Myers          	Nelson,  B.      	Nelson, L.   
   	Nutt           	O'Brien        	Ollie          	Rants       
  	Renken         	Running        	Salton         	Schrader     
 	Schulte        	Sukup          	Teig           	Thomson       
	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef    
	Veenstra       	Warnstadt      	Weidman        	Weigel        
	Welter         	Wise           	Witt           	Mr. Speaker				
  Corbett

The nays were, 3:
Bernau         	Churchill      	Shoultz        	

Absent or not voting, 5:

Brammer        	Fallon         	Grundberg      	Metcalf       
	Siegrist       	

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 133 be immediately messaged to the Senate.
MOTION TO RECONSIDER PREVAILED
Disney of Polk asked and received unanimous consent for the
immediate consideration of the motion to reconsider House File
54, 
filed by him on February 7, 1995, and moved to reconsider the
vote by which 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, passed the House and was placed on its last
reading on February 7, 1995, placing out of order the motion to
reconsider filed by Moreland of Wapello on February 7, 1995. 
The motion prevailed and the House reconsidered 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.
Disney of Polk offered the following amendment H-3062 filed by
him and Kreiman and moved its adoption:
H-3062
 1     Amend House File 54 as follows:
 2     1.  Page 1, by striking line 30 and inserting the
 3   following:  ""conviction" means a conviction for an
 4   indictable offense and includes a guilty plea,
 5   deferred judgment from the time of entry of the
 6   deferred judgment until the time the defendant is
 7   discharged by the court without entry of judgment,
 8   or".
 9     2.  Page 3, by striking line 24 and inserting the
10   following:  ""conviction" means a conviction for an
11   indictable offense and includes a guilty plea,
12   deferred judgment from the time of entry of the
13   deferred judgment until the time the defendant is
14   discharged by the court without entry of judgment,
15   or".
Amendment H-3062 was adopted.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Fallon of Polk on request of Schrader of Marion.
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, 96:
Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Branstad       	Brauns         	Brunkhorst    
	Burnett        	Carroll        	Cataldo        	Churchill     
	Cohoon         	Connors        	Coon                  	Cormack 
Cornelius      	Daggett        	Dinkla         	Disney        
	Doderer        	Drake          	Drees          	Eddie         
	Ertl           	Garman         	Gipp           	Greig         
	Greiner        	Gries          	Grubbs         	Grundberg     
	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        
  	O'Brien        	Ollie          	Rants          	Renken       
 	Running        	Salton         	Schrader       	Schulte       
	Shoultz        	Sukup          	Teig           	Thomson       
	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef    
	Veenstra       	Warnstadt      	Weidman        	Weigel        
	Welter         	Wise           	Witt           	Mr. Speaker				
  Corbett
The nays were, none:
Regular Calendar
House File 128, a bill for an act relating to administrative
procedures of rural water districts, was taken up for
consideration.
Arnold of Lucas 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. 128)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Branstad       	Brauns         	Brunkhorst    
	Burnett        	Carroll        	Cataldo        	Churchill     
	Cohoon         	Connors        	Coon                  	Cormack 
      	Cornelius      	Daggett        	Dinkla         	Disney   
     	Doderer        	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           	O'Brien        	Ollie	Rants          	Renken
        	Running        	Salton         	Schrader       	Schulte
       	Shoultz        	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, 3:
Brammer        	Fallon	Siegrist       	

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 54 be immediately messaged to the Senate.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Thursday,
February 9, 1995. Had I been present, I would have voted "aye"
on Senate File 32; amendments H-3031, H-3037, H-3041, H-3043,
H-3052, H-3056, H-3073 to H-3009 to Senate File 13; and "nay" to
Senate File 17, to rule 39A - suspension, and to final passage
of Senate file 13.
MORELAND of Wapello
COMMUNICATION FROM SECRETARY OF STATE
The following communication from the Secretary of State has been
received and is on file in the office of the Chief Clerk:
REPORT TO THE SEVENTY-SIXTH GENERAL ASSEMBLY
REGARDING THE PUBLICATION
OF PROPOSED CONSTITUTIONAL AMENDMENTS
To the Honorable, The Chief Clerk of the House of
Representatives:
I, PAUL D. PATE, Secretary of State of the State of Iowa, do
hereby certify that the following named newspapers were
designated to publish HOUSE JOINT 
RESOLUTION #28, Acts of the Seventy-fifth General Assembly. In
accordance with Chapter 49A, Code of Iowa, affidavits showing
proof of those publications are on file in this Department and
are recorded as follows:
Congressional		1994
District	Newspapers	Dates Published
First	Quad City Times, Davenport	8\1	9\5	10\3
	Cedar Rapids Gazette, Cedar Rapids	8\2	9\6	10\4
Second	Dubuque Telegraph Herald, Dubuque	8\1	9\5	10\3
	Waterloo Courier, Waterloo	8\3	9\7	10\5
Third	Ames Daily Tribune, Ames	8\4	9\8	10\6
	Burlington Hawk Eye, Burlington	8\3	9\7	10\5
Fourth	Council Bluffs Nonpariel, Council Bluffs	8\4	9\8	10\6
	Des Moines Register, Des Moines	8\1	9\5	10\3
Fifth	Fort Dodge Messenger, Fort Dodge	8\2	9\6	10\4
	Sioux City Journal, Sioux City	8\5	9\9	10\7
(Seal)	IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the seal of the Secretary of State at the Capitol, in
Des Moines, this seventh day of February, 1995.
PAUL D. PATE, Secretary of State of the State of Iowa
	I hereby acknowledge that I received the original copy of this
document on the seventh day of February, 1995.
ELIZABETH A. ISAACSON, Chief Clerk of the House of
Representatives
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Seventy-five third grade students from Whittier Elementary,
Indianola, accompanied by Mrs. Eddy. By Coon of Warren.
Fifth grade students from Greenwood Elementary, Des Moines. By
Grundberg of Polk.
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\44	John and Florice Spitznagle, Council Bluffs - For
celebrating their 60th wedding anniversary.
1995\45	League of Women Voters of Iowa, Des Moines - For the
75th anniversary of the founding of the League of Women Voters
of Iowa.      
                              SUBCOMMITTEE ASSIGNMENTS
House File 121
Education: Kreiman, Chair; Gries and Grundberg.
House File 151
Commerce - Regulation: Jacobs, Chair; Halvorson and McCoy.
House File 152
Judiciary:  Coon, Chair;  Moreland and Nutt.
House File 153
Education: Cornelius, Chair; Cohoon and Garman.
House File 157
State Government: Drake, Chair; Cataldo and Coon.
House File 162
Commerce - Regulation: Metcalf, Chair; Brunkhorst, Holveck,
Lamberti and Weigel.
House File 163
Agriculture: Meyer, Chair; Hahn and Weigel.
Senate File 14
State Government: Jacobs, Chair; Connors and Gipp.
Senate File 82
Human Resources:  Blodgett, Chair;  Harper, Myers, Schulte and
Veenstra.
Senate File 84
Commerce - Regulation: Lamberti, Chair; Doderer, Halvorson,
Holveck and Jacobs.
Senate File 114
Human Resources:  Blodgett, Chair;  Burnett and Hurley.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 108
Commerce - Regulation: Lamberti, Chair; Doderer, Halvorson,
Holveck and Jacobs.
House Study Bill 109
Commerce - Regulation: Nutt, Chair; Cataldo and Halvorson.
House Study Bill 114
Commerce - Regulation: Larson, Chair; Baker and Churchill.
House Study Bill 122
State Government:  Gipp, Chair;  Connors and Thomson.
House Study Bill 125
Economic Development:  Larson, Chair;  Mascher and Nelson of
Marshall.
House Study Bill 126
State Government: Gipp, Chair; Brammer, Jacobs, Jochum and
Tyrrell.
House Study Bill 132
Economic Development:  Bradley, Chair;  Teig and Warnstadt.
House Study Bill 133
Commerce - Regulation: Renken, Chair; Nelson of Pottawattamie
and Sukup.
House Study Bill 134
Commerce - Regulation: Metcalf, Chair; Baker and Van Fossen.
House Study Bill 135
Commerce - Regulation: Nutt, Chair; Churchill and McCoy.
House Study Bill 136
Judiciary:  Hurley, Chair;  Boddicker and Kreiman.
House Study Bill 137
Judiciary:  Grubbs, Chair;  Bernau and Kremer.
House Study Bill 138
Judiciary:  Grubbs, Chair;  Bernau and Kremer.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 139 Ways and Means
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.
H.S.B. 140 Ways and Means
Relating to the deduction of payments made for medical and
health care insurance or coverage for individual income tax
purposes and providing effective and retroactive applicability
date provisions.
H.S.B. 141 Ways and Means
Relating to the collection of taxes and debts owed to or
collected by the state, including the renewal of registrations
and certificates of title, the publication of information
pertaining to certain taxes and debts, providing for an
administrative levy to seize certain accounts of a debtor, the
denial, revocation, suspension, or renewal of licenses
authorized by the state, providing for thirty-day delinquencies
for collection of fines, penalties, fees, court costs,
surcharges, and restitutions, redistributing collected amounts,
creating a driver's license indebtedness clearance pilot
project, and other related matters, and providing an effective
date.
H.S.B. 142 Ways and Means
Relating to the exemption from the state sales, services, and
use taxes for computers sold or leased to insurance companies.
H.S.B. 143 Transportation
Relating to the joint purchasing of equipment by political
subdivisions of the state.
H.S.B. 144 Transportation
Relating to the operation of maintenance equipment by road
workers on highways.
H.S.B. 145 Transportation
Requiring purchase of flexible fuel state vehicles.
H.S.B. 146 Transportation
Relating to motor vehicle and highway regulation by the state
department of transportation concerning retention of records and
documents, registration plates and stickers, dissolution decree
transfers of motor vehicle titles, junking certificates for
abandoned vehicles, flashing blue lights, motorcycle license
requirements, leased motor vehicles, proof of financial
responsibility, charges for handicapped identification devices,
single state registration for motor carriers, commodity base
state registration, other technical changes, and providing an
effective date.
H.S.B. 147 Appropriations
Relating to the commercial air service marketing program.
H.S.B. 148 Education
Relating to administrative costs associated with implementation
by the area education agencies of the medical assistance
reimbursement for eligible special education services.
RESOLUTION FILED
H.C.R. 20, by Siegrist and Schrader, a concurrent resolution
relating to Pioneer Lawmakers.
Laid over under Rule 25.
AMENDMENTS FILED
H-3093	H.F.	126	Weigel of Chickasaw
H-3094	H.F.	126	Witt of Black Hawk
			Kremer of Buchanan
			Heaton of Henry
			Mertz of Kossuth
H-3095	H.F.	126	Witt of Black Hawk
			Kremer of Buchanan
			Mertz of Kossuth
			Heaton of Henry
H-3096	H.F.	126	Witt of Black Hawk
			Kremer of Buchanan
			Mertz of Kossuth
H-3097	H.F.	126	Dinkla of Guthrie
	Harrison of Scott			Vande Hoef of Osceola
	Brauns of Muscatine		Renken of Grundy
	Cornelius of Jackson
H-3099	H.F.	126	Holveck of Polk
				Kremer of Buchanan
				Heaton of Henry
				Weigel of Chickasaw
H-3100	H.F.	126	Doderer of Johnson
				Kremer of Buchanan
On motion by Gipp of Winneshiek, the House adjourned at 2:00
p.m. until 8:45 a.m., Wednesday, February 15, 1995.

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