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Forty-fourth Calendar Day - Twenty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, February 21, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Jim Robertson, Highland Park Christian Church, Des Moines. The Journal of Monday, February 20, 1995 was approved. PETITIONS FILED The following petitions were received and placed on file: By Kremer of Buchanan, from twenty-two residents favoring the adoption of the Senate version of Senate File 69. By Koenigs of Mitchell, from seventy-six constituents of District 29, opposing House File 2, relating to the reinstatement of the death penalty. INTRODUCTION OF BILLS House Joint Resolution 9, by committee on state government, a joint resolution proposing an amendment to the Constitution of the State of Iowa to limit the number of terms for members of the Senate and the House of Representatives, and to limit the number of terms of Governor, Lieutenant Governor, Attorney General, Secretary of State, Auditor of State, and Treasurer of State. Read first time and placed on the calendar. House File 186, by committee on appropriations, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. Read first time and placed on the appropriations calendar. House File 187, by committee on transportation, a bill for an act to provide conformity to the definition of travel trailers. Read first time and placed on the calendar. House File 188, by committee on labor and industrial relations, a bill for an act relating to employment services by eliminating wage credit liability transfers and allowing all employers relief from charges when an unemployment compensation overpayment is made and providing an applicability date. Read first time and placed on the calendar. House File 189, by committee on local government, a bill for an act relating to the funding of state mandates. Read first time and placed on the calendar. House File 190, by committee on ways and means, a bill for an act relating to a property tax exemption for property used for the recycling of ferrous and nonferrous metal, wood, glass, tires, scrap tires, and shredded tires, and for property used to manufacture new products composed primarily of recycled material. Read first time and placed on the ways and means calendar. House File 191, by Boddicker, Schulte, Hurley, Bradley, Disney, Lord, Branstad, Tyrrell, Blodgett, Houser, Klemme, Gries, Hanson, Ertl, Welter, Van Maanen, Greig, Weidman, Larson, Garman and Heaton, a bill for an act creating a child abuse registry review council. Read first time and referred to committee on human resources. House File 192, by Kreiman, a bill for an act relating to the deadline for the enactment of a statute that establishes the state percent of growth for a budget year and providing an effective date. Read first time and referred to committee on education. House File 193, by Daggett, a bill for an act providing that animals classified as ostriches, rheas, and emus are considered livestock. Read first time and referred to committee on agriculture. House File 194, by Martin, a bill for an act relating to waiver of a juvenile to adult court. Read first time and referred to committee on judiciary. House File 195, by Renken, a bill for an act relating to consumer credit transactions, by providing for certain licensing revocations and for the imposition of certain finance charges upon refinancing and consolidation of debts. Read first time and referred to committee on commerce-regulation. 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 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 2, a bill for an act relating to the filing of claims for credit or refund by retired federal employees as a result of the unconstitutional taxation of federal pensions under the state individual income tax. Also: That the Senate has on February 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 116, a bill for an act authorizing certain persons to access dependent adult abuse information. Also: That the Senate has on February 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 118, a bill for an act relating to the development and implementation of a coordinated statewide trauma care delivery system and providing penalties and immunity from liability. Also: That the Senate has on February 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 130, a bill for an act relating to limiting the manner in which an order appointing a guardian or conservator is subject to attack by third parties. Also: That the Senate has on February 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 147, a bill for an act providing for the issuance of single general permits by the department of natural resources and providing an effective date. Also: That the Senate has on February 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 152, a bill for an act relating to the name of those persons who engage in the practice of podiatry. Also: That the Senate has on February 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 155, a bill for an act relating to employment services by eliminating wage credit liability transfers and allowing all employers relief from charges when an unemployment compensation overpayment is made and providing an applicability date. Also: That the Senate has on February 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 157, a bill for an act relating to solid waste by eliminating the polystyrene ban and providing an effective date. Also: That the Senate has on February 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 158, a bill for an act to provide conformity to the definition of travel trailers. JOHN F. DWYER, Secretary SENATE AMENDMENT CONSIDERED Martin of Scott called up for consideration House Concurrent Resolution 10, a concurrent resolution calling for the convening of a Conference of States and providing for Iowa's participation in the Conference, amended by the Senate, and moved that the House concur in the following Senate amendment H-3027: H-3027 1 Amend House Concurrent Resolution 10, as amended, 2 passed, and reprinted by the House as follows: 3 1. Page 2, line 28, by striking the word 4 "distorted" and inserting the following: "changed". 5 2. Page 3, line 8, by striking the word "five" 6 and inserting the following: "no more than seven". 7 3. Page 3, by striking lines 13 and 14 and 8 inserting the following: "proposal. The composition 9 of the Iowa delegation shall be as follows:". 10 4. Page 3, by striking lines 18 through 22 and 11 inserting the following: 12 "b. No more than six legislators, selected by the 13 majority leader of each house, so long as an equal 14 number of legislators from each house is selected and 15 at least one member from each house is selected from 16 each major political party represented in that house. 17 The majority leader of each house shall follow the 18 recommendations of the minority leader of that house 19 regarding the appointment of members of the minority 20 party from that house. 21 Each majority leader may designate two alternate". 22 5. Page 4, by striking lines 10 and 11 and 23 inserting the following: "least 26 legislatures adopt 24 a resolution of participation in the Conference." A non-record roll call was requested. The ayes were 60, nays 28. The motion prevailed and the House concurred in the Senate amendment H-3027. On motion by Martin of Scott, the resolution, as amended, was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House Concurrent Resolution 10 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 9:08 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. INTRODUCTION OF BILLS House Joint Resolution 10, by committee on state government, a joint resolution ratifying a proposed balanced budget amendment to the Constitution of the United States. Read first time and placed on the calendar. House File 196, by Garman and O'Brien, a bill for an act relating to the definition of "support" for the purposes of support established for a child under a child support order or under an order related to a dissolution of marriage decree and providing an applicability provision. Read first time and referred to committee on judiciary. House File 197, by Mundie, a bill for an act relating to the expansion of the volunteer physician program to include other health care providers. Read first time and referred to committee on human resources. House File 198, by Greig, a bill for an act creating a lien arising from the care and feeding of livestock in a custom cattle feedlot. Read first time and referred to committee on agriculture. House File 199, by committee on state government, a bill for an act limiting the number of terms a person may serve as secretary of agriculture and providing applicability and effective date provisions. Read first time and placed on the calendar. House File 200, by Gries, a bill for an act denying per diem to members of the general assembly for each day after the required thirty days until the time the state percent of growth for school foundation purposes is finally established and providing an effective date. Read first time and referred to committee on state government. House File 201, by Brunkhorst, a bill for an act relating to computer equipment as compensation under phase III plans in the educational excellence program and making a technical correction relating to the phase III program. Read first time and referred to committee on education. SENATE MESSAGES CONSIDERED Senate File 2, by Vilsack and Sorensen, a bill for an act relating to the filing of claims for credit or refund by retired federal employees as a result of the unconstitutional taxation of federal pensions under the state individual income tax. Read first time and referred to committee on ways and means. Senate File 116, by committee on human resources, a bill for an act authorizing certain persons to access dependent adult abuse information. Read first time and referred to committee on human resources. Senate File 118, by committee on human resources, a bill for an act relating to the development and implementation of a coordinated statewide trauma care delivery system and providing penalties and immunity from liability. Read first time and referred to committee on human resources. Senate File 130, by Vilsack, a bill for an act relating to limiting the manner in which an order appointing a guardian or conservator is subject to attack by third parties. Read first time and referred to committee on judiciary. Senate File 147, by committee on agriculture, a bill for an act providing for the issuance of single general permits by the department of natural resources and providing an effective date. Read first time and referred to committee on agriculture. Senate File 152, by committee on state government, a bill for an act relating to the name of those persons who engage in the practice of podiatry. Read first time and referred to committee on state government. Senate File 155, by committee on business and labor relations, a bill for an act relating to employment services by eliminating wage credit liability transfers and allowing all employers relief from charges when an unemployment compensation overpayment is made and providing an applicability date. Read first time and passed on file. Senate File 157, by committee on natural resources, environment and energy, a bill for an act relating to solid waste by eliminating the polystyrene ban and providing an effective date. Read first time and referred to committee on environmental protection. Senate File 158, by committee on transportation, a bill for an act to provide conformity to the definition of travel trailers. Read first time and passed on file. CONSIDERATION OF BILLS Regular Calendar 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, with report of committee recommending passage, was taken up for consideration. The House stood at ease at 1:11 p.m., until the fall of the gavel. The House resumed session at 2:28 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Doderer of Johnson offered amendment H-3115 filed by her as follows: H-3115 1 Amend Senate File 84, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 6, by inserting after line 2 the 4 following: 5 " . Premium rates for any block of business or 6 for any individual health insurance benefit plans 7 shall not vary or be changed based upon the gender of 8 the eligible individual." 9 2. By renumbering as necessary. Doderer of Johnson offered the following amendment H-3116, to amendment H-3115, filed by her from the floor and moved its adoption: H-3116 1 Amend the amendment, H-3115, to Senate File 84, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 7 and 8 and 5 inserting the following: "shall be established in 6 accordance with actuarial principles, but the premium 7 rates shall not be determined according to an 8 individual's gender, and shall not be excessive, 9 inadequate, or unfairly discriminatory." Amendment H-3116 was adopted. Doderer of Johnson moved the adoption of amendment H-3115, as amended. A non-record roll call was requested. The ayes were 27, nays 57. Amendment H-3115, as amended, lost. Doderer of Johnson offered the following amendment H-3113 filed by Doderer, et. al., and moved its adoption: H-3113 1 Amend Senate File 84, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 13, line 26, by striking the word "seven" 4 and inserting the following: "nine". 5 2. Page 14, by inserting after line 2 the 6 following: 7 "c. Two members shall be members of the public and 8 shall be appointed by the governor and subject to 9 senate confirmation." 10 3. Page 14, by striking lines 3 and 4 and 11 inserting the following: 12 "Appointments to the board shall be coordinated so 13 that the board is bipartisan and gender-balanced in 14 accordance with sections 69.16 and 69.16A." Amendment H-3113 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: McCoy of Polk on request of Schrader of Marion. Doderer of Johnson offered the following amendment H-3114 filed by Doderer, et. al., and moved its adoption: H-3114 1 Amend Senate File 84, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 18, by striking line 26 and inserting the 4 following: "apply retroactively to January 1, 1995, 5 for tax years beginning on or". 6 2. Title page, line 3, by inserting after the 7 word "individuals" the following: "and providing for 8 retroactive applicability". Roll call was requested by Schrader of Marion and Bernau of Story. On the question "Shall amendment H-3114 be adopted?" (S.F. 84 ) The ayes were, 33: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 62: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton 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 Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 5: Brammer Grundberg Houser McCoy Nelson, L. Amendment H-3114 lost. Lamberti 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?" (S.F. 84) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon 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 Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Brammer Grundberg McCoy Nelson, L. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 84 be immediately messaged to the Senate. SPECIAL PRESENTATION Speaker Corbett presented to the House the Honorable Paul Tsongas, former United States Senator from Massachusetts. EXPLANATION OF VOTE I was necessarily absent from the House chamber on Tuesday afternoon, February 21, 1995. Had I been present, I would have voted "aye" on Senate File 84. McCOY of Polk PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: FFA students from Mount Ayr High School, Mount Ayr, accompanied by Jack Cook. By Daggett of Union. Twenty FFA students from Linn-Mar High School, Marion, accompanied by Dennis Selness. By Thomson of Linn. Seven FFA students, including a foreign exchange student from Germany, from Irwin, Kirkman and Manila, accompanied by Larry Genzen. By Gries of Crawford and Drake of Pottawattamie. Six high school students from North Polk Community School, Alleman, accompanied by Mrs. Elaine Cheaney. By Disney and Lamberti of Polk. Five FFA students from Lynnville-Sully High School, Sully, accompanied by Kayla Nelson. By Carroll of Poweshiek. Five FFA students from Grinnell High School, Grinnell, accompanied by Chris Molitor. By Carroll of Poweshiek. Fourteen high school students from Mid Prairie Community School, Wellman, accompanied by Neil Knobloch and Jamie Townsend. By Greiner of Washington. Three FFA students from Prairie Valley High School, accompanied by Steve Kehoe. By Mundie of Webster. Seven FFA students from Harlan Community High School, Harlan, accompanied by Dan Leizen and Jason Kollin. By Drake of Pottawattamie. Students from Shenandoah High School, accompanied by Curt Barkley. By Boggess of Taylor. Thirteen FFA students from Southeast Polk High School, accompanied by Mr. Heath Ellis. By Disney of Polk. COMMUNICATIONS RECEIVED The following communications were received and filed in the office of the Chief Clerk: DEPARTMENT OF CORRECTIONS Iowa Prison Industries A report on the financial conditions of the Iowa Prison Industries farming operations, pursuant to Chapter 904.706, Code of Iowa. DEPARTMENT OF PUBLIC HEALTH The Health Data Commission 1995 Annual report, pursuant to Chapter 145.6, 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\50 Roy Schmeichel, Dubuque - For 15 years of service as executive director of ARC of the Dubuque area. 1995\51 Willie Henschel, Dubuque - For celebrating his 100th birthday. SUBCOMMITTEE ASSIGNMENTS House Joint Resolution 7 Reassigned State Government: Disney, Chair; Connors and Thomson. House Joint Resolution 8 State Government: Churchill, Chair; Bernau and Martin. House File 176 Judiciary: Veenstra, Chair; Coon and Shoultz. House File 180 State Government: Gipp, Chair; Jacobs and Running. House File 181 Judiciary: Hurley, Chair; Bernau and Harrison. House File 182 Judiciary: Millage, Chair; Hurley and Kremer House File 183 Labor and Industrial Relations: Daggett, Chair; Harper and Kremer. House File 184 Judiciary: Hurley, Chair; Doderer and Kremer. House File 194 Judiciary: Lamberti, Chair; Bernau and Harrison. Senate File 93 Reassigned Judiciary: Coon, Chair; Doderer and Lamberti. Senate File 117 Human Resources: Blodgett, Chair; Harper, Myers, Schulte and Veenstra. Senate File 124 Judiciary: Hurley, Chair; Bell and Boddicker. Senate File 132 Judiciary: Lamberti, Chair; Hurley and Moreland. Senate File 149 Human Resources: Harrison, Chair; Fallon, Hammitt, Hurley and Moreland. Senate Concurrent Resolution 8 Labor and Industrial Relations: Boddicker, Chair; Bell and Renken. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 70 Commerce-Regulation: Churchill, Chair; Doderer, Larson, Van Fossen and Weigel. House Study Bill 122 Reassigned State Government: Disney, Chair; Connors and Thomson. House Study Bill 167 Judiciary: Boddicker, Chair; Kreiman and Millage. House Study Bill 168 Judiciary: Nutt, Chair; Dinkla and Moreland. House Study Bill 169 Judiciary: Nutt, Chair; Dinkla and Kreiman. House Study Bill 170 Judiciary: Hurley, Chair; Lamberti and Shoultz. House Study Bill 171 Judiciary: Boddicker, Chair; Bell and Schulte. House Study Bill 172 Commerce-Regulation: Halvorson, Chair; Doderer, Holveck, Jacobs and Lamberti. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 174 Economic Development Relating to the development of housing for low or moderate income families in urban renewal areas, including an applicability date provision. H.S.B. 175 Economic Development Changing the definition of disabled for purposes of targeted small business programs. H.S.B. 176 State Government Relating to the state archivist's office. H.S.B. 177 State Government Relating to state budget and program review processes by providing for appropriation of moneys to the general assembly and its legislative agencies, requiring biennial budgets, requiring review of state programs and functions, and providing effective and applicability dates. H.S.B. 178 State Government Relating to the distribution and sale of beer, providing for the regulation of brewer and wholesaler agreements, prohibiting certain conduct, providing for the transfer of business assets, providing judicial remedies, specifying applicability, and providing for other properly related matters. H.S.B. 179 State Government Relating to the abolishment of the department of human rights, transfer of its various divisions to other entities of state government, and providing effective dates. H.S.B. 180 Education Relating to the transmission of a course via the Iowa communications network by postsecondary education institutions in Iowa. H.S.B. 181 Judiciary Relating to the release or detention of certain criminal defendants pending sentencing or appeal following conviction. H.S.B. 182 Human Resources Relating to activities of the department of human services, including provisions involving the state hospital-schools and other institutions, commitments of persons with mental retardation, and the department's public housing unit. 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 STATE GOVERNMENT Committee Bill (Formerly House File 100), limiting the number of terms a person may serve as secretary of agriculture and providing applicability and effective date provisions. Fiscal Note is not required. Recommended Amend and Do Pass February 20, 1995. Committee Resolution (Formerly House Study Bill 164), a joint resolution ratifying a proposed balanced budget amendment to the Constitution of the United States. Fiscal Note is not required. Recommended Amend and Do Pass February 20, 1995. AMENDMENTS FILED H-3117 H.F. 189 Millage of Scott H-3118 H.F. 36 Gries of Crawford Vande Hoef of Osceola H-3119 H.F. 185 Weigel of Chickasaw H-3120 S.F. 69 Grubbs of Scott H-3121 S.F. 69 Rants of Woodbury Grubbs of Scott Mertz of Kossuth Mundie of Webster H-3122 H.F. 2 Weidman of Cass Millage of Scott Rants of Woodbury H-3123 H.F. 2 Connors of Polk H-3124 H.F. 2 Millage of Scott H-3125 H.F. 2 Millage of Scott H-3126 H.F. 2 Millage of Scott H-3127 H.F. 2 Holveck of Polk H-3128 H.F. 2 Fallon of Polk Mascher of Johnson Holveck of Polk H-3129 H.F. 2 Holveck of Polk Jochum of Dubuque Connors of Polk Bernau of Story Witt of Black Hawk Mascher of Johnson Shoultz of Black Hawk Brand of Benton Koenigs of Mitchell Burnett of Story H-3130 H.F. 2 Shoultz of Black Hawk Fallon of Polk Jochum of Dubuque Bernau of Story Mascher of Johnson Koenigs of Mitchell Burnett of Story H-3131 H.F. 2 Shoultz of Black Hawk Fallon of Polk Jochum of Dubuque Bernau of Story Mascher of Johnson Koenigs of Mitchell H-3132 H.F. 2 Holveck of Polk Wise of Lee Mascher of Johnson Shoultz of Black Hawk Koenigs of Mitchell H-3133 H.F. 2 Brand of Benton May of Worth Wise of Lee Shoultz of Black Hawk Fallon of Polk Burnett of Story On motion by Siegrist of Pottawattamie, the House adjourned at 3:45 p.m. until 8:45 a.m., Wednesday, February 22, 1995.
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