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Thirty-eighth Calendar Day - Twenty-fourth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, February 15, 1995 The House met pursuant to adjournment at 8:53 a.m., Speaker Corbett in the chair. Prayer was offered by the Honorable Dolores Mertz, state representative from Kossuth County. The Journal of Tuesday, February 14, 1995 was approved. INTRODUCTION OF BILLS House Joint Resolution 7, by Schulte, Hurley, Boddicker, Grubbs, Welter, Main, Cornelius, Disney, Salton, Vande Hoef, Klemme, Cormack, Van Fossen, Sukup, Brauns, Churchill, Kremer, Bradley, Eddie, Branstad, Drake, Greig, Blodgett, Nelson of Marshall, Greiner, Carroll, Boggess, Veenstra, Van Maanen, Larson, Arnold, Heaton, Hanson and Grundberg, a joint resolution claiming sovereignty under the Tenth Amendment to the United States Constitution over all powers not otherwise enumerated and granted to the federal government and demanding that the federal government cease mandates that are beyond the scope of its constitutional powers. Read first time and referred to committee on state government. House File 169, by Brauns, a bill for an act relating to mileage reimbursement for county supervisors. Read first time and referred to committee on local government. House File 170, by Renken and Cataldo, a bill for an act relating to exempting employees of the state fair authority from the state merit personnel system. Read first time and referred to committee on state government. House File 171, by Brauns, a bill for an act eliminating an appropriation for recreational trails. Read first time and referred to committee on appropriations. House File 172, by Ollie, a bill for an act establishing an extended school year program for school districts, providing for an appropriation and the imposition of a property tax, and providing an effective date. Read first time and referred to committee on education. House File 173, by Bell, a bill for an act relating to the creation of real estate improvement districts, providing for the election of boards of trustees, providing for the powers and duties of the trustees, authorizing the issuance of general obligation bonds and revenue bonds, authorizing the imposition of ad valorem property taxes, special assessments, and fees, and making provisions for other properly related matters. Read first time and referred to committee on local government. House File 174, by Nelson of Marshall, a bill for an act relating to notice for vacating and closing roads. Read first time and referred to committee on local government. House File 175, by Wise, Ollie, Shoultz, Nelson of Pottawattamie and Cataldo, a bill for an act relating to establishing the state percent of growth for purposes of the school foundation aid program and providing effective and applicability date provisions. Read first time and referred to committee on education. CONSIDERATION OF BILLS Regular Calendar House File 126, a bill for an act relating to certain franchise agreements by amending provisions relating to transfer, termination, and nonrenewal of franchise agreements, and to a civil cause of action for appropriate relief, and repealing certain franchise provisions, was taken up for consideration. The House stood at ease at 9:14 a.m., until the fall of the gavel. The House resumed session at 10:05 a.m., Speaker Corbett in the chair. Gipp of Winneshiek asked and received unanimous consent that House File 126 be deferred and that the bill retain its place on the calendar. On motion by Gipp of Winneshiek, the House was recessed at 10:08 a.m., until 4:30 p.m. EARLY EVENING SESSION The House reconvened at 4:45 p.m., Speaker pro tempore Van Maanen of Marion in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Siegrist of Pottawattamie on request of Gipp of Winneshiek; Fallon of Polk on request of Schrader of Marion. The House stood at ease at 4:46 p.m., until the fall of the gavel. The House resumed session at 5:07 p.m., Speaker pro tempore Van Maanen of Marion in the chair. The House resumed consideration of House File 126, a bill for an act relating to certain franchise agreements by amending provisions relating to transfer, termination, and nonrenewal of franchise agreements, and to a civil cause of action for appropriate relief, and repealing certain franchise provisions, previously deferred. Kremer of Buchanan asked and received unanimous consent to defer action on amendment H-3089. Witt of Black Hawk asked and received unanimous consent to defer action on amendment H-3095. Dinkla of Guthrie offered amendment H-3097 filed by Dinkla, et. al., as follows: H-3097 1 Amend House File 126 as follows: 2 1. Page 1, line 5, by inserting before the word 3 "A" the following: "1." 4 2. Page 1, by inserting after line 23 the 5 following: 6 "2. A franchisor shall not deny the transfer of an 7 ownership interest in a franchise to an existing 8 partner in the franchise who has previously been 9 approved by the franchisor and who, since being 10 approved, has remained active in the management of the 11 franchise as a partner." Doderer of Johnson offered the following amendment H-3102, to amendment H-3097, filed by her and Kremer from the floor and requested division as follows: H-3102 1 Amend the amendment, H-3097, to House File 126 as 2 follows: 3 1. Page 1, by inserting after line 3 the H-3102A 4 following: 5 " . Page 1, line 19, by inserting after the 6 word "franchise" the following: "but does prohibit a 7 franchisor from exercising a right of first refusal 8 with respect to a transfer of a franchise to a H-3102A 9 surviving spouse or heir who is seeking to qualify as 10 a franchisee or who becomes qualified as a 11 franchisee"." H-3102B 12 2. Page 1, line 8, by inserting after the word 13 "partner" the following: "or shareholder". 14 3. Page 1, line 11, by inserting after the word 15 "partner" the following: "or shareholder". 16 4. Renumber as necessary. On motion by Doderer of Johnson, amendment H-3102A, to amendment H-3097, was adopted. Doderer of Johnson moved the adoption of amendment H-3102B, to amendment H-3097. A non-record roll call was requested. The ayes were 35, nays 52. Amendment H-3102B lost. On motion by Dinkla of Guthrie, amendment H-3097, as amended, was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Boddicker of Cedar, until his return, on request of Gipp of Winneshiek. Doderer of Johnson offered amendment H-3100 filed by her and Kremer and requested division as follows: H-3100 1 Amend House File 126 as follows: H-3100A 2 1. Page 1, line 5, by inserting before the word 3 "A" the following: "1." 4 2. Page 1, line 19, by inserting after the word 5 "franchise" the following: "but does prohibit a 6 franchisor from exercising a right of first refusal 7 with respect to a transfer of a franchise to a 8 surviving spouse or heir who is seeking to qualify as 9 a franchisee or who becomes qualified as a 10 franchisee". H-3100B 11 3. Page 1, by inserting after line 23 the 12 following: 13 "2. A transfer of interest in a franchise within 14 an existing ownership group of a franchise shall not 15 be refused by a franchisor and shall not be considered 16 a transfer subject to a right of first refusal, 17 provided that more than fifty percent of a franchise 18 is held by persons who meet the franchisor's 19 reasonable current qualifications for franchisees." Amendment H-3100A was ruled out of order, placing out of order amendment H-3107, to amendment H-3100A, filed from the floor by Dinkla of Guthrie. Dinkla of Guthrie asked and received unanimous consent to withdraw amendment H-3074 filed by Dinkla, et. al., on February 9, 1995, placing out of order amendment H-3101, filed from the floor by Doderer of Johnson and Kremer. Kremer of Buchanan asked and received unanimous consent to withdraw amendment H-3086 filed by him and Heaton of Henry on February 13, 1995. Kremer of Buchanan offered the following amendment H-3092 filed by him and Heaton and moved its adoption: H-3092 1 Amend House File 126 as follows: 2 1. Page 1, line 23, by inserting after the word 3 "franchise" the following: ", unless the bona fide 4 offer is received from a person who is currently a 5 partner or an employee in the franchise for which the 6 offer is made". A non-record roll call was requested. The ayes were 33, nays 52. Amendment H-3092 lost. Kremer of Buchanan offered amendment H-3079 filed by him and Heaton as follows: H-3079 1 Amend House File 126 as follows: 2 1. Page 1, by striking lines 1 through 23. 3 2. By renumbering as necessary. LEAVE OF ABSENCE Leave of absence was granted as follows: McCoy of Polk and Mertz of Kossuth, until their return, on request of Schrader of Marion. On motion by Kremer of Buchanan, amendment H-3079 lost. Kremer of Buchanan asked and received unanimous consent to withdraw amendment H-3088 filed by him and Heaton of Henry on February 13, 1995. Wise of Lee offered the following amendment H-3091 filed by Wise, et. al. and moved its adoption: H-3091 1 Amend House File 126 as follows: 2 1. Page 1, by inserting after line 23 the 3 following: 4 "Sec. ___. Section 523H.6, Code 1995, is amended 5 by striking the section and inserting in lieu thereof 6 the following: 7 523H.6 ENCROACHMENT. 8 A franchise agreement shall include a statement as 9 to whether the franchise is to be granted for a 10 specific geographic area. If the agreement includes a 11 statement that the franchise is to be granted for a 12 specific geographic area, the agreement shall also 13 indicate whether the specified geographic area is 14 granted to the franchisee as an exclusive franchise, 15 or, if not exclusive, the agreement shall indicate any 16 limitations upon the franchisor's ability or right to 17 establish additional franchises or franchisor-owned 18 outlets or stores within the specified geographic 19 area." 20 2. Page 4, line 33, by striking the figure 21 "523H.6,". 22 3. Renumber as necessary. Amendment H-3091 was adopted, placing out of order amendment H-3084, filed by Kremer of Buchanan and Heaton on February 13, 1994. The House resumed consideration of amendment H-3100B, filed by Doderer of Johnson and Kremer, found on page 429 of the House Journal. On motion by Doderer of Johnson, amendment H-3100B lost. Kremer of Buchanan offered the following amendment H-3083 filed by him and Heaton and moved its adoption: H-3083 1 Amend House File 126 as follows: 2 1. Page 1, line 32, by striking the word 3 "material" and inserting the following: "material". Roll call was requested by Kreiman of Davis and Holveck of Polk. On the question "Shall amendment H-3083 be adopted?" (H.F. 126) The ayes were, 39: Baker Boddicker Branstad Burnett Cohoon Connors Coon Disney Doderer Drees Garman Greiner Gries Grundberg Harper Heaton Holveck Houser Hurley Jochum Koenigs Kreiman Kremer Larkin May Mertz Millage Mundie Murphy Myers Nelson, L. Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 51: Arnold Bell Blodgett Boggess Bradley Brauns Brunkhorst Carroll Cataldo Churchill Corbett, Spkr. Cormack Cornelius Daggett Dinkla Drake Eddie Gipp Greig Grubbs Hahn Halvorson Hammitt Hanson Harrison Huseman Jacobs Klemme Larson Lord Main Martin Mascher McCoy Metcalf Meyer Nelson, B. Nutt Rants Renken Salton Schulte Sukup Teig Thomson Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 10: Bernau Brammer Brand Ertl Fallon Lamberti Moreland O'Brien Siegrist Tyrrell Amendment H-3083 lost. Kremer of Buchanan offered amendment H-3087 filed by him and Heaton as follows: H-3087 1 Amend House File 126 as follows: 2 1. By striking page 1, line 31, through page 2, 3 line 1, and inserting the following: "business 4 reason. "Good cause" includes the failure of the 5 franchisee to comply with any material lawful 6 requirement of the franchise agreement, provided that 7 the termination by the franchisor is not arbitrary or 8 capricious when compared to the actions of the 9 franchisor in other similar circumstances." Kremer of Buchanan offered the following amendment H-3104, to amendment H-3087 filed by him from the floor and moved its adoption: H-3104 1 Amend the amendment, H-3087, to House File 126 as 2 follows: 3 1. Page 1, by striking lines 6 through 9 and 4 inserting the following: "requirement of the 5 franchise agreement, provided that the termination by6the franchisor is not arbitrary or capricious when7compared to the actions of the franchisor in other8similar circumstances."" Amendment H-3104 was adopted. On motion by Kremer of Buchanan, amendment H-3087, as amended, lost. Witt of Black Hawk offered the following amendment H-3096 filed by Witt, et. al., and moved its adoption: H-3096 1 Amend House File 126 as follows: 2 1. Page 2, by striking lines 6 through 10 and 3 inserting the following: "period of time to cure the 4 default, which in no event shall be less than thirty 5 days or more than ninety days. However, during that 6 period, the franchise may be terminated if the 7 franchisee fails to make reasonable progress in curing 8 the default." A non-record roll call was requested. The ayes were 45, nays 42. Amendment H-3096 was adopted. Kremer of Buchanan offered amendment H-3082 filed by him and Heaton as follows: H-3082 1 Amend House File 126 as follows: 2 1. Page 2, by striking lines 18 through 21 and 3 inserting the following: 4 "(2) The franchisee admits to an inability to pay 5 debts as". Dinkla of Guthrie offered the following amendment H-3103, to amendment H-3082 filed by him and Heaton from the floor and moved its adoption: H-3103 1 Amend the amendment, H-3082, to House File 126, as 2 follows: 3 1. Page 1, by striking lines 2 through 5 and 4 inserting the following: 5 " . Page 2, line 20, by inserting after the 6 word "creditor" the following: "which is subject to 7 chapter 681. An assignment for the benefit of any 8 creditor pursuant to this subparagraph does not 9 include the granting of a security interest in the 10 normal course of business"." Amendment H-3103 was adopted. On motion by Kremer of Buchanan, amendment H-3082, as amended, was adopted. Kremer of Buchanan offered amendment H-3080 filed by him and Heaton as follows: H-3080 1 Amend House File 126 as follows: 2 1. Page 3, by striking lines 3 through 9 and 3 inserting the following: 4 "e. The franchisee repeatedly fails to comply with 5 the same material provision of a franchise agreement, 6 when the enforcement of the material provision by the 7 franchisor is not arbitrary or capricious when 8 compared to the franchisor in other similar cir- 9 cumstances." Kremer of Buchanan offered the following amendment H-3105, to amendment H-3080, filed by him from the floor and moved its adoption: H-3105 1 Amend the amendment, H-3080, to House File 126 as 2 follows: 3 1. Page 1, by striking lines 5 through 9 and 4 inserting the following: "the same material provision 5 of a franchise agreement, when the enforcement of the6material provision by the franchisor is not arbitrary7or capricious when compared to the franchisor in other8similar circumstances."" Amendment H-3105 was adopted. Kremer of Buchanan moved the adoption of amendment H-3080, as amended. Roll call was requested by Schrader of Marion and Running of Linn. On the question "Shall amendment H-3080, as amended, be adopted?" (H.F. 126) The ayes were, 39: Arnold Baker Bernau Boddicker Brand Branstad Burnett Cohoon Connors Coon Cornelius Doderer Garman Greiner Harper Heaton Holveck Hurley Jochum Kreiman Kremer Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson, L. Ollie Running Schrader Schulte Shoultz Warnstadt Weigel Wise Witt The nays were, 56: Bell Blodgett Boggess Bradley Brauns Brunkhorst Carroll Cataldo Churchill Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Drees Eddie Ertl Gipp Greig Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Houser Huseman Jacobs Klemme Koenigs Larson Lord Main Martin McCoy Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 5: Brammer Fallon Lamberti O'Brien Siegrist Amendment H-3080 lost. Kremer of Buchanan offered amendment H-3081 filed by him and Heaton as follows: H-3081 1 Amend House File 126 as follows: 2 1. Page 3, by striking line 23 and inserting the 3 following: "both of the following apply:". LEAVE OF ABSENCE Leave of absence was granted as follows: O'Brien of Boone and Koenigs of Mitchell on request of Schrader of Marion. Kremer of Buchanan moved the adoption of amendment H-3081. Roll call was requested by Weigel of Chickasaw and Holveck of Polk. On the question "Shall amendment H-3081 be adopted?" (H.F. 126) The ayes were, 36: Bernau Boddicker Brand Branstad Burnett Cohoon Connors Coon Cormack Doderer Drees Ertl Garman Grubbs Harper Heaton Holveck Hurley Jochum Kreiman Kremer Larkin Mascher May Mertz Mundie Murphy Myers Nelson, L. Ollie Running Schrader Shoultz Warnstadt Weigel Witt The nays were, 58: Arnold Baker Bell Blodgett Boggess Bradley Brauns Brunkhorst Carroll Cataldo Churchill Corbett, Spkr. Cornelius Daggett Dinkla Disney Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harrison Houser Huseman Jacobs Klemme Larson Lord Main Martin McCoy Metcalf Meyer Millage Moreland Nelson, B. Nutt Rants Renken Salton Schulte Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Wise Van Maanen, Presiding Absent or not voting, 6: Brammer Fallon Koenigs Lamberti O'Brien Siegrist Amendment H-3081 lost. Witt of Black Hawk offered the following amendment H-3094 filed by Witt, et. al., and moved its adoption: H-3094 1 Amend House File 126 as follows: 2 1. Page 4, by inserting after line 24 the 3 following: 4 "Sec. ___. Section 523H.12, subsection 1, Code 5 1995, is amended to read as follows: 6 1. Except as provided in subsection 2, a 7 franchisor shall allow a franchisee to obtain 8 equipment, fixtures, supplies, and services used in 9 the establishment and operation of the franchised 10 business from sources of the franchisee's choosing, 11 provided that such goods and services are purchased on 12 a cooperative basis with other franchisees who have 13 franchise agreements with the same franchisor, and the 14 goods and services which are cooperatively purchased 15 meet standards as to their nature and quality 16 promulgated by the franchisor." 17 2. Page 4, line 33, by striking the word and 18 figures "523H.11, and 523H.12," and inserting the 19 following: "and 523H.11,". 20 3. By renumbering as necessary. Roll call was requested by Weigel of Chickasaw and Holveck of Polk. On the question "Shall amendment H-3094 be adopted?" (H.F. 126) The ayes were, 35: Arnold Bernau Boddicker Brand Branstad Burnett Cohoon Connors Coon Cornelius Doderer Drees Garman Grubbs Heaton Holveck Hurley Jochum Kreiman Kremer Larkin Mascher May Mertz Mundie Murphy Nelson, L. Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 58: Baker Bell Blodgett Boggess Bradley Brauns Brunkhorst Carroll Cataldo Churchill Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Houser Huseman Jacobs Klemme Larson Lord Main Martin McCoy Metcalf Meyer Millage Moreland Nelson, B. Nutt Rants Renken Salton Schulte Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 7: Brammer Fallon Koenigs Lamberti Myers O'Brien Siegrist Amendment H-3094 lost. Kremer of Buchanan offered the following amendment H-3085 filed by him and Heaton and moved its adoption: H-3085 1 Amend House File 126 as follows: 2 1. Page 4, by striking lines 25 through 32. 3 2. By renumbering as necessary. Amendment H-3085 lost. Kremer of Buchanan offered the following amendment H-3078 filed by him and Heaton and moved its adoption: H-3078 1 Amend House File 126 as follows: 2 1. Page 4, line 33, by striking the figure 3 "523H.10,". 4 2. By renumbering as necessary. Roll call was requested by Weigel of Chickasaw and Holveck of Polk. On the question "Shall amendment H-3078 be adopted?" (H.F. 126) The ayes were, 34: Bernau Boddicker Brand Branstad Burnett Cohoon Connors Daggett Doderer Drees Ertl Garman Greiner Harper Heaton Holveck Hurley Jochum Kreiman Kremer Larkin Mascher Mertz Mundie Murphy Myers Nelson, L. Ollie Running Schrader Shoultz Warnstadt Weigel Witt The nays were, 59: Arnold Baker Bell Blodgett Boggess Bradley Brauns Brunkhorst Carroll Cataldo Churchill Coon Corbett, Spkr. Cormack Cornelius Dinkla Disney Drake Eddie Gipp Greig Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Houser Huseman Jacobs Klemme Larson Lord Main May McCoy Metcalf Meyer Millage Moreland Nelson, B. Nutt Rants Renken Salton Schulte Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Wise Van Maanen, Presiding Absent or not voting, 7: Brammer Fallon Koenigs Lamberti Martin O'Brien Siegrist Amendment H-3078 lost. Kremer of Buchanan asked and received unanimous consent to withdraw amendment H-3090 filed by him and Heaton on February 13, 1995. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-3093 filed by him on February 14, 1995. Kremer of Buchanan offered the following amendment H-3089, previously deferred, filed by him and Heaton and moved its adoption: H-3089 1 Amend House File 126 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 523H.2, Code 1995, is amended 5 to read as follows: 6 523H.2 APPLICABILITY. 7 This chapter applies to anew or existingfranchise 8that is operated in the state of Iowacreated and 9 operated in this state on or after July 1, 1995. For 10 purposes of this chapter, the franchise is operated in 11 this state only if the premises from which the 12 franchise is operated is physically located in this 13 state. For purposes of this chapter, a franchise 14 including marketing rights in or to this state, is 15 deemed to be operated in this state only if the 16 franchisee's principal business office is physically 17 located in this state. This chapter does not apply to 18 a franchise solely because an agreement relating to 19 the franchise provides that the agreement is subject 20 to or governed by the laws of this state. The 21 provisions of this chapter do not apply toany22existing or futurecontracts between Iowa franchisors 23 or non-Iowa franchisors andout-of-statefranchisees 24 operating franchises physically located outside of 25 this state." 26 2. By renumbering as necessary. Amendment H-3089 lost. Witt of Black Hawk offered amendment H-3095, previously deferred, filed by Witt, et. al., as follows: H-3095 1 Amend House File 126 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. NEW SECTION. 523H.4A ENCROACHMENT -- 5 GOOD FAITH REQUIREMENT -- COMPENSATION AND INJUNCTIVE 6 RELIEF. 7 Notwithstanding the terms, provisions, or 8 conditions of an agreement or franchise, if a 9 franchisor seeks to establish a new outlet, company- 10 owned store, or carry-out store, the franchisor shall 11 make a good faith effort not to divert market share of 12 an existing franchisee to the new outlet, company- 13 owned store, or carry-out store. A franchisor who 14 does not make a good faith effort as required by this 15 section, shall be liable for damages proximately 16 caused by the establishment of the new outlet, 17 company-owned store, or carry-out store. The 18 franchisee may bring a cause of action under this 19 section for damages or injunctive relief. A 20 petitioner praying for injunctive relief shall not be 21 required to allege facts necessary to show, or tending 22 to show, a lack of adequate remedy at law, that 23 irreparable damage or loss will result if the action 24 is brought at law, or that unique or special 25 circumstances exist." 26 2. By renumbering as necessary. Witt of Black Hawk offered the following amendment H-3108, to amendment H-3095, filed by Witt of Black Hawk, Holveck and Kremer from the floor and moved its adoption: H-3108 1 Amend the amendment, H-3095, to House File 126 as 2 follows: 3 1. Page 1, by striking lines 19 through 25 and 4 inserting the following: "section for damages or 5 injunctive relief."" Amendment H-3108 was adopted. On motion by Witt of Black Hawk, amendment H-3095, as amended, lost. Holveck of Polk offered the following amendment H-3099, previously deferred, filed by Holveck, et. al., and moved its adoption: H-3099 1 Amend House File 126 as follows: 2 1. Page 4, by inserting after line 24 the 3 following: 4 "Sec. ___. Section 523H.10, Code 1995, is amended 5 to read as follows: 6 523H.10 DUTY OF GOOD FAITH. 7 A franchise imposes on the parties a duty of good 8 faith, as determined under the common law by the Iowa 9 supreme court, in performance and enforcement of the 10 franchise agreement."Good faith" means honesty in11fact and the observance of reasonable commercial12standards of fair dealing in the trade." 13 2. Page 4, line 33, by striking the figure 14 "523H.10,". 15 3. By renumbering as necessary. Amendment H-3099 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. 126) The ayes were, 68: Arnold Baker Bell Blodgett Boggess Bradley Brunkhorst Carroll Cataldo Churchill Cohoon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Houser Huseman Jacobs Klemme Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Moreland Myers Nelson B Nutt Rants Renken Salton Schulte Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Welter Wise Van Maanen, Presiding The nays were, 26: Bernau Boddicker Brand Branstad Brauns Burnett Connors Coon Doderer Drees Garman Holveck Hurley Jochum Kreiman Kremer Mertz Mundie Murphy Nelson, L. Ollie Running Schrader Shoultz Weigel Witt Absent or not voting, 6: Brammer Fallon Koenigs Lamberti O'Brien Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Rule 76 invoked. Under the provisions of Rule 76, conflict of interest, Lamberti of Polk refrained from voting. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 126 be immediately messaged to the Senate. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on February 15, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 117, a bill for an act adopting a new uniform anatomical gift Act and providing a penalty. Also: That the Senate has on February 15, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 132, a bill for an act relating to compensation for victims of crimes, by providing for compensation to secondary victims of crimes and increasing the maximum amount that may be recovered for loss of work income due to injuries received by victims. Also: That the Senate has on February 14, 1995, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 13, a concurrent resolution recognizing the seventy-fifth anniversary of the founding of the League of Women Voters of Iowa. JOHN F. DWYER, Secretary COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: DEPARTMENT OF ECONOMIC DEVELOPMENT The FY 94 Annual Report, pursuant to Chapter 15.226, Code of Iowa. 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\46 Gene Paris, Chariton - For celebrating her 100th birthday. 1995\47 Bill Potts, Osceola - For receiving the 1994 Citizens Community Service Award. 1995\48 Staff of the University of Northern Iowa "Old Gold" Yearbook, Cedar Falls - For receiving the All-American rating, highest recognition of the Associated Collegiate Press. SUBCOMMITTEE ASSIGNMENTS House File 131 Environmental Protection: Vande Hoef, Chair; Gries and Holveck. House File 156 Ways and Means: Blodgett, Chair; Rants and Weigel. House File 158 Judiciary: Millage, Chair; Holveck and Hurley. House File 160 Judiciary: Harrison, Chair; Lamberti and Moreland. House Concurrent Resolution 18 Transportation: Brauns, Chair; Carroll and Mundie. Senate File 87 Judiciary: Dinkla, Chair; Bernau and Nutt. Senate File 88 Judiciary: Dinkla, Chair; Bernau and Nutt. Senate File 93 Judiciary: Coon, Chair; Brammer and Lamberti. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 95 Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and Myers. House Study Bill 130 Ways and Means: Dinkla, Chair; Shoultz, Teig, Van Fossen and Weigel. House Study Bill 131 Ways and Means: Rants, Chair; Drake and Larkin. House Study Bill 139 Ways and Means: Larson, Chair; Doderer, Nutt, Shoultz and Van Fossen. House Study Bill 140 Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and Myers. House Study Bill 141 Ways and Means: Blodgett, Chair; Jochum and Main. House Study Bill 142 Ways and Means: Lamberti, Chair; Main and Weigel. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 149 Judiciary Relating to the establishment of minimum standards for the training of telecommunicators. H.S.B. 150 Judiciary Relating to consumer-related actions. H.S.B. 151 Judiciary Relating to consortium claims in contributory fault actions. H.S.B. 152 Natural Resources Relating to the powers and duties of the department of natural resources by authorizing distinguishing license plates to vehicles assigned to the department of natural resources, by amending procedures for granting easements and leases by the natural resource commission, by amending procedures for issuing and establishing fees for scientific collector's licenses or permits, by authorizing the use of certain revenue to repay loans related to sewage collection and treatment plants in state parks and recreation areas, by providing a definition of resident for hunting, fishing, trapping, or taking protected species of animals, and by providing for penalties and other related matters. H.S.B. 153 Environmental Protection Relating to dumping of solid waste by a private or public agency and applying penalties. H.S.B. 154 Environmental Protection Relating to solid waste tonnage fees. H.S.B. 155 Ways and Means Relating to the taxation of financial institutions and providing an effective and applicability date provision. H.S.B. 156 Commerce - Regulation Relating to health care benefits coverage by providing for coordination of benefits with state medical assistance, for continuation of benefits pursuant to court-ordered medical child support, and for coverage for an adopted child. H.S.B. 157 Labor and Industrial Relations Relating to drug testing of certain employees and applicants for employment, providing for employer defenses, and making penalties applicable. H.S.B. 158 Education Relating to authorizing school districts to adopt a dress code policy, providing for a reduction in aid to a recipient of the family investment program for continued truancy by a recipient's child, the expulsion of a student for bringing a weapon to school, establishing a penalty for providing aid, support, or shelter to a runaway or truant, and eliminating the twenty-four-hour notice to students of a periodic inspection of students' lockers. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON AGRICULTURE Committee Bill (Formerly House Study Bill 52), relating to eggs and poultry by reorganizing the statutory provisions and providing for the administration of the Iowa egg council, assessments and refunds, and the repeal of certain sections. Fiscal Note is not required. Recommended Amend and Do Pass February 14, 1995. COMMITTEE ON COMMERCE - REGULATION Senate File 84, 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. Fiscal Note is not required. Committee Action: Without Recommendation February 15, 1995. Pursuant to Rule 31.7, Senate File 84 was referred to the committee on ways and means. COMMITTEE ON HUMAN RESOURCES Senate File 114, a bill for an act relating to anabolic steroids and the Iowa uniform controlled substances Act. Fiscal Note is not required. Recommended Do Pass February 14, 1995. COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS House File 61, a bill for an act providing immunity from civil liability for an employer who in good faith discloses information about a current or former employee of the employer. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3106 February 15, 1995. Committee Bill (Formerly House Study Bill 67), relating to the payment of wages to a suspended or terminated employee under the Iowa wage payment collection law. Fiscal Note is not required. Recommended Do Pass February 15, 1995. COMMITTEE ON NATURAL RESOURCES House File 113, a bill for an act relating to the definition of resident for the purpose of obtaining licenses to hunt, fish, trap, or take protected species of animals. Fiscal Note is not required. Recommended Do Pass February 14, 1995. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House Study Bill 27), relating to the sales, services, and use tax exemption for items used by printers and publishers, limiting the amount of refunds, and providing retroactive and applicability date provisions. Fiscal Note is not required. Recommended Do Pass February 14, 1995. RESOLUTION FILED H.C.R. 21, by Connors, a concurrent resolution honoring Ms. Sugar Macaulay upon her retirement as the Capitol Tour Guide Supervisor. Laid over under Rule 25. AMENDMENT FILED H-3106 H.F. 61 Committee on Labor and Industrial Relations On motion by Gipp of Winneshiek, the House adjourned at 9:38 p.m. until 8:45 a.m., Thursday, February 16, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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