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Fifty-eighth Calendar Day - Thirty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 7, 1995 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Rose Marie Lewis, St. John's Lutheran Church, Mitchell County. The Journal of Monday, March 6, 1995 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Greig of Emmet, for the remainder of the day, on request of Siegrist of Pottawattamie; Larkin of Lee on request of Schrader of Marion. INTRODUCTION OF BILLS House File 262, by Larson, a bill for an act creating a lien against certain real property as part of a marriage dissolution order. Read first time and referred to committee on judiciary. House File 263, by Larson, a bill for an act relating to burial grounds by providing notice requirements for ancient burial grounds and providing penalties. Read first time and referred to committee on commerce-regulation. House File 264, by Larson, a bill for an act relating to establishing authority for alternative plans for regulation of telecommunications providers. Read first time and referred to committee on commerce-regulation. House File 265, by Witt, a bill for an act transferring proceeds of excise taxes on sale of snowmobile fuel to the special conservation fund. Read first time and referred to committee on ways and means. House File 266, by Shoultz, a bill for an act relating to purchase of electricity from alternative energy production facilities and small hydro facilities. Read first time and referred to committee on environmental protection. House File 267, by Shoultz, a bill for an act relating to packaging by establishing a package review board and an advisory committee to the board and establishing a fee. Read first time and referred to committee on environmental protection. House File 268, by Harper, a bill for an act relating to the eligibility of trustees of a drainage district. Read first time and referred to committee on local government. House File 269, by Kreiman, a bill for an act providing for the periodic review of agency rules. Read first time and referred to committee on state government. House File 270, by Kreiman, a bill for an act relating to recognizing out-of-state law enforcement training for certification purposes in Iowa. Read first time and referred to committee on judiciary. House File 271, by Houser, a bill for an act relating to the taxation of certain mobile homes, and specifying effective and applicability dates. Read first time and referred to committee on local government. House File 272, by Van Fossen, Millage, and Martin, a bill for an act relating to the election of the board of directors for an area education agency and providing effective date and applicability provisions. Read first time and referred to committee on state government. House File 273, by Ertl, a bill for an act relating to the lobbying of state government, by defining the activity of lobbying, defining the term political subdivision, and prohibiting the use of public funds to lobby state agencies or political subdivisions. Read first time and referred to committee on ethics. 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 March 6, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 176, a bill for an act relating to the filing of intergovernmental agreements for the joint exercise of governmental powers in certain counties. Also: That the Senate has on March 6, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 229, a bill for an act eliminating certain requirements regarding the purchase of coal by public agencies. JOHN F. DWYER, Secretary CONSIDERATION OF BILLS Appropriations Calendar House File 253, a bill for an act relating to the transfer of lottery revenues to the general fund of the state and appropriating lottery revenues for purposes of the state fair and county fairs, and providing an effective date, was taken up for consideration. The House stood at ease at 9:00 a.m., until the fall of the gavel. The House resumed session at 10:10 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Jochum of Dubuque asked to temporarily defer action on House File 253. Objection was raised. Jochum of Dubuque moved to temporarily defer action of House File 253. The motion to defer lost. Brauns of Muscatine 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. 253) The ayes were, 74: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Carroll Cataldo Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Huseman Jacobs Klemme Kreiman Kremer Lamberti Larson Lord Main Martin May Mertz Metcalf Meyer Millage Mundie Myers Nelson, B. Nutt O'Brien Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Weigel Welter Van Maanen Presiding The nays were, 21: Bernau Burnett Cohoon Connors Doderer Fallon Harper Holveck Jochum Koenigs Mascher McCoy Moreland Murphy Nelson, L. Ollie Running Schrader Shoultz Warnstadt Witt Absent or not voting, 5: Brammer Greig Hurley Larkin Wise 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 House File 253 be immediately messaged to the Senate. MEMORIAL COMMITTEE APPOINTED Speaker Corbett announced the appointment of the following members to serve on the memorial committee in accordance with Senate Concurrent Resolution 14: The Honorable Horace Daggett, Chair; the Honorable Richard Vande Hoef, the Honorable Minnette Doderer and the Honorable John Connors. SUBCOMMITTEE ASSIGNMENTS House File 107 Reassigned Judiciary: Lamberti, Chair; Coon and Holveck. House File 226 Judiciary: Millage, Chair; Harrison and Moreland. House File 234 Judiciary: Boddicker, Chair; Coon and Holveck. House File 241 Judiciary: Dinkla, Chair; Bernau and Nutt. House File 243 Judiciary: Dinkla, Chair; Bernau and Kremer. House File 244 Judiciary: Lamberti, Chair; Coon and Moreland. House File 245 Agriculture: Klemme, Chair; Huseman and Mundie. House File 246 Judiciary: Grubbs, Chair; Dinkla and Doderer. House File 248 Judiciary: Millage, Chair; Harrison and Kreiman. House File 250 Judiciary: Grubbs, Chair; Millage and Moreland. House File 254 Natural Resources: Tyrrell, Chair; Cohoon and Klemme. House File 255 Judiciary: Boddicker, Chair; Coon and Shoultz. House File 261 Judiciary: Schulte, Chair; Greiner and Kreiman. House File 266 Environmental Protection: Hahn, Chair; Boggess and Shoultz. House File 267 Environmental Protection: Rants, Chair; Meyer and Shoultz. Senate File 85 Agriculture: Salton, Chair; Fallon and Vande Hoef. Senate File 189 Judiciary: Nutt, Chair; Dinkla and Moreland. Senate File 195 Judiciary: Dinkla, Chair; Boddicker and Kreiman. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 234 Technology: Brunkhorst, Chair; Brand and Cormack. House Study Bill 236 Judiciary: Lamberti, Chair; Harrison and Moreland. House Study Bill 237 Judiciary: Nutt, Chair; Dinkla and Kreiman. House Study Bill 238 Judiciary: Schulte, Chair; Bell and Greiner. House Study Bill 239 Judiciary: Kremer, Chair; Schulte and Shoultz. House Study Bill 240 Judiciary: Lamberti, Chair; Doderer, Kreiman, Kremer and Veenstra. House Study Bill 241 Economic Development: Drake, Chair; Harper and Nelson of Marshall. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 246 Environmental Protection Relating to solid waste reduction and recycling goals. H.S.B. 247 Education Relating to motorcycle education and providing an effective date and a retroactive applicability provision. H.S.B. 248 Education Changing the time guidelines concerning collective bargaining by teachers, and changing the budget certification date and the notice of teacher termination date for school districts. H.S.B. 249 Education Relating to state assistance for schools, including the purchase of textbooks for public school and nonpublic school pupils, including the creation of a special textbook reserve within the school district's general fund, making an appropriation, and providing effective and applicability dates, and providing for a one hundred one percent budget guarantee for school districts. H.S.B. 250 Appropriations Making an appropriation to the department of human services for medical assistance for certain minors with mental retardation, and providing applicability and effective date provisions. H.S.B. 251 Local Government Relating to the joint investment of funds of rural water districts with other political subdivisions. H.S.B. 252 Environmental Protection Requiring certification for water well pump installers. H.S.B. 253 Education Relating to a report card on public school effectiveness and requiring the department of education to reduce the paperwork resulting from state mandated reporting requirements and providing for the Act's conditional effectiveness. H.S.B. 254 Judiciary Relating to juvenile justice, including providing that certain identifying information regarding juveniles involved in delinquent acts is a public record, exempting certain offenses from the jurisdiction of the juvenile court, eliminating the notice required for students before certain locker searches, adding custody and adjudication information regarding juveniles to state criminal history files, establishing a juvenile justice task force, and enhancing or establishing penalties. H.S.B. 255 Judiciary Relating to the possession of an actual or simulated explosive or incendiary device and providing penalties. H.S.B. 256 Judiciary Relating to limited liability companies. H.S.B. 257 Judiciary Relating to structured fines, establishing a civil penalty and surcharge, providing for the distribution of fines, and establishing effective and repeal dates. H.S.B. 258 Judiciary Relating to underage consumption of alcoholic beverages on private property. H.S.B. 259 Judiciary Prohibiting the release of certain forcible felons on parole or work release, and limiting the reduction of sentence for certain forcible felons based upon good conduct. H.S.B. 260 Judiciary Relating to domestic abuse by requiring a mandatory six-month jail sentence for third or subsequent offense domestic abuse assaults and for domestic abusers who are resistive or disruptive to batterers' treatment programs, and authorizing the setoff of claims owed to a person by a judicial district department of correctional services. H.S.B. 261 Commerce-Regulation Relating to the regulation of cemetery operators and the regulation of perpetual care cemeteries and nonperpetual care cemeteries, establishing fees and use of those fees, and providing penalties 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 House File 163, a bill for an act providing for interests by persons in certain entities owning or leasing agricultural land, and making penalties applicable. Fiscal Note is not required. Recommended Do Pass March 6, 1995. House File 198, a bill for an act creating a lien arising from the care and feeding of livestock in a custom cattle feedlot. Fiscal Note is not required. Recommended Do Pass March 6, 1995. COMMITTEE ON COMMERCE-REGULATION Committee Bill (Formerly House Study Bill 133), relating to pipelines and underground storage of hazardous liquids, and providing penalties and effective and retroactive applicability date provisions. Fiscal Note not required. Recommended Amend and Do Pass March 6, 1995. Committee Bill (Formerly House Study Bill 200), relating to delinquency charges on credit cards used to purchase or lease goods or services from less than one hundred persons not related to the card issuer. Fiscal Note not required. Recommended Do Pass March 6,1995. Committee Bill (Formerly House Study Bill 202), concerning health care coverage availability to unemployed individuals. Fiscal Note is not required. Recommended Do Pass March 6, 1995. COMMITTEE ON EDUCATION House File 121, a bill for an act relating to the taping and broadcasting of certain high school athletic events. Fiscal Note is required. Recommended Amend and Do Pass with amendment H-3230, March 6, 1995. Committee Bill (Formerly House Study Bill 230), relating to authorizing school districts to adopt a dress code policy, the expulsion of a student for bringing a weapon to school, an exemption in the definition of assault, eliminating the twenty-four hour notice to students of a periodic inspection of students' lockers, giving access to certain juvenile court records to a designated school representative, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass March 6, 1995. COMMITTEE ON ENVIRONMENTAL PROTECTION Senate File 157, a bill for an act relating to solid waste by eliminating the polystyrene ban and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 6, 1995. Committee Bill (Formerly House Study Bill 85), relating to plastic garbage can liners with recycled content. Fiscal Note is not required. Recommended Do Pass March 2, 1995. Committee Bill (Formerly House Study Bill 154), relating to solid waste tonnage fees. Fiscal Note is not required. Recommended Do Pass March 6, 1995. COMMITTEE ON HUMAN RESOURCES Senate File 150, a bill for an act relating to child abuse involving termination of parental rights in certain abuse or neglect cases and access by other states to child abuse information. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3229, March 6, 1995. COMMITTEE ON TRANSPORTATION Committee Bill (Formerly House Study Bill 124), relating to the suspension and revocation of driver's licenses and providing penalties for violations of out-of- service orders. Fiscal Note is not required. Recommended Do Pass March 6, 1995. Committee Bill (Formerly House Study Bill 199), relating to proportional registration by providing for registration identification. Fiscal Note is not required. Recommended Do Pass March 6, 1995. AMENDMENTS FILED H-3229 S.F. 150 Committee on Human Resources H-3230 H.F. 121 Committee on Education H-3231 H.J.R. 14 Doderer of Johnson H-3232 H.J.R. 14 Shoultz of Black Hawk H-3233 H.J.R. 14 Shoultz of Black Hawk H-3234 H.J.R. 14 Shoultz of Black Hawk H-3235 H.J.R. 14 Doderer of Johnson H-3236 H.J.R. 14 Doderer of Johnson H-3237 H.J.R. 14 Shoultz of Black Hawk H-3238 H.J.R. 14 Myers of Johnson H-3239 H.J.R. 14 Bernau of Story H-3240 H.J.R. 14 Myers of Johnson H-3241 H.J.R. 14 Doderer of Johnson H-3242 H.J.R. 14 Weigel of Chickasaw H-3243 H.J.R. 14 Koenigs of Mitchell H-3244 H.J.R. 14 Bernau of Story H-3245 H.J.R. 14 Weigel of Chickasaw H-3246 H.J.R. 14 Weigel of Chickasaw H-3247 H.J.R. 14 Shoultz of Black Hawk H-3248 H.J.R. 14 Shoultz of Black Hawk H-3249 H.J.R. 14 Shoultz of Black Hawk H-3250 H.J.R. 14 Ollie of Clinton H-3251 H.J.R. 14 Running of Linn H-3252 H.J.R. 14 Shoultz of Black Hawk H-3253 H.J.R. 14 Myers of Johnson H-3254 H.J.R. 14 Bernau of Story H-3255 H.J.R. 14 Bernau of Story H-3256 H.J.R. 14 Bernau of Story H-3257 H.J.R. 14 Weigel of Chickasaw H-3258 H.J.R. 14 Jochum of Dubuque H-3259 H.J.R. 14 Bernau of Story H-3260 H.J.R. 14 Weigel of Chickasaw H-3261 H.J.R. 14 Weigel of Chickasaw H-3262 H.J.R. 14 Bernau of Story H-3263 H.J.R. 14 Harper of Black Hawk H-3264 H.J.R. 14 Weigel of Chickasaw H-3265 H.J.R. 14 Weigel of Chickasaw H-3266 H.J.R. 14 Moreland of Wapello H-3267 H.J.R. 14 Doderer of Johnson H-3268 H.J.R. 14 Doderer of Johnson H-3269 H.J.R. 14 Weigel of Chickasaw H-3270 H.J.R. 14 Wise of Keokuk H-3271 H.J.R. 14 Bernau of Story H-3272 H.J.R. 14 Bernau of Story H-3273 H.J.R. 14 Bernau of Story H-3274 H.J.R. 14 Bernau of Story H-3275 H.J.R. 14 Bernau of Story H-3276 H.J.R. 14 Doderer of Johnson H-3277 H.J.R. 14 Bernau of Story H-3278 H.J.R. 14 Running of Linn Bernau of Story Holveck of Polk Harper of Black Hawk Weigel of Chickasaw Shoultz of Black Hawk On motion by Siegrist of Pottawattamie, the House adjourned at 11:15 a.m.until 8:45 a.m., Wednesday, March 8, 1995.
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