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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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