House Journal: Wednesday, March 8, 1995

Fifty-ninth Calendar Day - Thirty-ninth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 8, 1995
The House met pursuant to adjournment at 8:50 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Ken Rummer, First Presbyterian
Church, Corning.
The Journal of  Tuesday, March 7, 1995 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Mundie of District 14, from thirty-three constituents of
Calhoun County opposing House File 2, relating to reinstatement
of the death penalty.
Following, are petitions in favor of County Treasurer's offices,
in rural Iowa, issuing drivers licenses:

By Branstad of Winnebago, from two-hundred eighty-two citizens;
By Cornelius of Jackson, from sixty constituents;
By Mundie of District 14, from four hundred nineteen
constituents of Hamilton County; 
By Teig of Hamilton, from four hundred nineteen Hamilton County
residents;
By Teig of Hamilton, from two hundred seventy-seven residents. 
INTRODUCTION OF BILLS
House File 274, by Burnett and Mascher, a bill for an act
relating to attorneys fees in domestic abuse actions.
Read first time and referred to committee on judiciary.
House File 275, by Main, Heaton, and Bradley, a bill for an act
authorizing the extension of the deer hunting season for
population control.
Read first time and referred to committee on natural resources.
House File 276, by Disney, a bill for an act relating to the
election of directors of a local school district, area education
agency, and merged area, and providing an effective date.
Read first time and referred to committee on education.
House File 277, by committee on commerce-regulation, a bill for
an act concerning health care coverage availability to
unemployed individuals.
Read first time and placed on the calendar.
House File 278, by Burnett and Disney, a bill for an act
relating to a property tax exemption for property used for the
recycling of glass and wood.
Read first time and referred to committee on ways and means.
House File 279, by committee on commerce-regulation, a bill for
an act 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.
Read first time and placed on the calendar.
House File 280, by Grubbs, a bill for an act relating to the
rate of interest charged on court judgments and decrees.
Read first time and referred to committee on judiciary.
House File 281, by Kreiman, a bill for an act relating to the
radio-based communications system transmission of communicable
disease information relative to persons being sought or assisted
by certain persons in an emergency situation and providing a
penalty.
Read first time and referred to committee on judiciary.
House File 282, by Brunkhorst, a bill for an act relating to
candidates for elective state office.
Read first time and referred to committee on state government.
House File 283, by Lamberti and Cataldo, a bill for an act
relating to the period of time for abandonment of money orders
under the uniform disposition of unclaimed property Act.
Read first time and referred to committee on commerce-regulation.
House File 284, by Burnett, a bill for an act relating to child
abuse and child sexual abuse reporting and increasing a penalty.
Read first time and referred to committee on human resources.
House File 285, by Doderer, a bill for an act relating to the
offense of stalking.
Read first time and referred to committee on judiciary.
House File 286, by Burnett and Mascher, a bill for an act
relating to the beverage containers control program.
Read first time and referred to committee on environmental
protection.
House File 287, by committee on environmental protection, a bill
for an act relating to plastic garbage can liners with recycled
content.
Read first time and placed on the calendar.
House File 288, by committee on education, a bill for an act
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.
Read first time and placed on the calendar.
House File 289, by committee on environmental protection, a bill
for an act relating to solid waste tonnage fees.
Read first time and placed on the calendar.
House File 290, by Burnett, a bill for an act establishing an
environmental education program in the state of Iowa and making
an appropriation.
Read first time and referred to committee on environmental
protection.
House File 291, by committee on state government, a bill for an
act relating to authorizing the payment of salaries to senior
judges, providing for a maximum retirement annuity amount paid
to senior judges, and providing effective and applicability
dates.
Read first time and placed on the calendar.
House File 292, by Doderer, Hurley, Boddicker, and Connors, a
bill for an act relating to sexual abuse of a minor and making
an existing penalty effective.
Read first time and referred to committee on judiciary.
House File 293, by Burnett, a bill for an act relating to
firearms access and use by minors and the penalty for minors
having access to ammunition and firearms stored.
Read first time and referred to committee on judiciary.
House File 294, by Burnett and Mascher, a bill for an act
relating to establishing a presumption against joint custody in
marriage dissolution proceedings where a finding of domestic
abuse is made by the court.
Read first time and referred to committee on judiciary.
House File 295, by Burnett and Mascher, a bill for an act
relating to prohibiting a polygraph examination of a victim of
sexual abuse as a precondition to an investigation by a law
enforcement agency.
Read first time and referred to committee on judiciary.
House File 296, by Burnett and Mascher, a bill for an act
creating a statewide protective order registry.
Read first time and referred to committee on judiciary.
House File 297, by Witt, Klemme, Schulte, Welter, Connors, Coon,
Harper, Mascher, and Mundie, a bill for an act to provide for
the impoundment of motor vehicles which are driven by persons
whose licenses are suspended, revoked, or barred, for operating
while intoxicated or offenses in which a violation of the
prohibition against operating while intoxicated is established,
and providing a procedure for return of motor vehicles which are
impounded.
Read first time and referred to committee on judiciary.
House File 298, by Warnstadt, a bill for an act relating to
motor vehicle abandonment and registration.
Read first time and referred to committee on transportation.
SENATE MESSAGES CONSIDERED
Senate File 176, by Hansen, a bill for an act relating to the
filing of intergovernmental agreements for the joint exercise of
governmental powers in certain counties.
Read first time and referred to committee on local government.
Senate File 229, by committee on local government, a bill for an
act eliminating certain requirements regarding the purchase of
coal by public agencies.
Read first time and referred to committee on local government.
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 8, 1995, passed the following bill in
which the concurrence of the Senate was asked:
House File 179, a bill for an act 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, and providing an effective
date.
Also: That the Senate has on March 8, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 156, a bill for an act relating to corporate,
franchise, and insurance premiums tax credits for entities
investing in a qualified venture capital company and providing
applicability provisions.
Also: That the Senate has on March 8, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 204, a bill for an act relating to the hours for
sale of alcoholic beverages on Sundays.
Also: That the Senate has on March 8, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 206, a bill for an act striking Code language that
conflicts with federal work-study program requirements and
language relating to unfunded programs administered by the
college student aid commission, and repealing from the Code
certain unfunded programs administered by the college student
aid commission.
JOHN F. DWYER, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:00 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.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Koenigs of Mitchell on request of Schrader of Marion.
INTRODUCTION OF BILLS
House File 299, by Brammer, a bill for an act relating to
domestic abuse and victim protection and providing a penalty and
a conditional effective date.
Read first time and referred to committee on judiciary.
House File 300, by Grubbs, a bill for an act eliminating joint
and several liability in comparative fault actions.
Read first time and referred to committee on judiciary.
House File 301, by Arnold, a bill for an act relating to private
sewage disposal systems and providing for a repeal and an
effective date.
Read first time and referred to committee on environmental
protection.
House File 302, by Burnett, a bill for an act pertaining to
aging programs and services administered by the department of
elder affairs and making an appropriation.
Read first time and referred to committee on human resources.
House File 303, by committee on commerce-regulation, a bill for
an act relating to pipelines and underground storage of
hazardous liquids, and providing penalties and effective and
retroactive applicability date provisions.
Read first time and placed on calendar.
House File 304, by committee on transportation, a bill for an
act relating to proportional registration by providing for
registration identification.
Read first time and placed on calendar.
House File 305, by Daggett, a bill for an act relating to
abandoned assets of cooperative associations.
Read first time and referred to committee on agriculture.
House File 306, by committee on transportation, a bill for an
act relating to the suspension and revocation of driver's
licenses and providing penalties for violations of
out-of-service orders.
Read first time and placed on calendar.
House File 307, by Coon, a bill for an act relating to the
funding of waterworks, water mains and extensions, and related
facilities by general obligation bonds.
Read first time and referred to committee on local government.
House File 308, by Tyrrell, a bill for an act relating to the
election of workers' compensation coverage by a limited
liability company member.
Read first time and referred to committee on labor and
industrial relations.
House File 309, by Coon, a bill for an act to limit the time
during which employees of the general assembly and the office of
the governor or lieutenant governor may make contributions to
candidates for office in their respective branches of
government, providing exceptions for certain candidates, and
providing penalties.
Read first time and referred to committee on state government.
House File 310, by Churchill, a bill for an act relating to
political contributions, by prohibiting corporations, insurance
companies, and financial institutions from making contributions
on ballot issues and by restricting the size of individual and
certain political committee contributions to candidates during
an election cycle.
Read first time and referred to committee on state government.
House File 311, by Cohoon, a bill for an act concerning
residency requirements for school district attendance.
Read first time and referred to committee on education.
CONSIDERATION OF BILLS
Regular Calendar
House File 117, a bill for an act relating to cost of play and
value of prizes of games of skill and games of chance conducted
at amusement concessions, with report of committee recommending
passage, was taken up for consideration.
Tyrrell of Iowa 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. 117)
The ayes were, 57:
Arnold         	Baker          	Bell           	Blodgett
Boddicker      	Boggess        	Bradley        	Brauns
Carroll        	Cataldo        	Connors        	Coon
Cormack        	Cornelius      	Disney         	Drake
Eddie          	Ertl           	Gipp           	Greig
Greiner        	Hahn           	Halvorson      	Harper
Harrison       	Heaton         	Holveck        	Hurley
Jacobs         	Jochum         	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Martin
May            	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Myers          	Nelson, B.
Nutt           	O'Brien        	Running        	Shoultz
Siegrist       	Sukup          	Teig           	Tyrrell
Van Fossen     	Warnstadt      	Weigel         	Welter
Wise           	
The nays were, 31:
Bernau         	Brand          	Branstad       	Brunkhorst
Burnett        	Cohoon         	Daggett        	Doderer
Drees          	Fallon         	Garman         	Grundberg
Hammitt        	Hanson         	Huseman        	Klemme
Main           	McCoy          	Mundie         	Nelson, L.
Ollie          	Rants          	Renken         	Salton
Schrader       	Schulte        	Thomson        	Vande Hoef
Veenstra       	Witt           	Van Maanen,
		  Presiding     	
Absent or not voting, 12:
Brammer        	Churchill             	Corbett, Spkr.	Dinkla
Gries          	Grubbs         	Houser         	Koenigs
Lord           	Mascher        	Murphy         	Weidman
 The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 19 
Schulte of Linn called up for  consideration of House Concurrent
Resolution 19, a concurrent resolution requesting that the
Congress of the United States direct the Health Care Financing
Administration to establish a national policy no later than July
1, 1995, for Medicare reimbursement of telemedicine services.
Schulte of Linn offered the following amendment H-3227 filed by
him and moved its adoption:
H-3227
 1     Amend House Concurrent Resolution 19 as follows:
 2     1.  Page 2, lines 15 and 16, by striking the words
 3   "that will promote" and inserting the following:
 4   "for".
Amendment H-3227 was adopted.
SENATE CONCURRENT RESOLUTION 15 SUBSTITUTED
FOR HOUSE CONCURRENT RESOLUTION 19
Schulte of Linn asked and received unanimous consent to
substitute Senate Concurrent Resolution 15 for House Concurrent
Resolution 19.
Senate Concurrent Resolution 15, a concurrent resolution
requesting that the Congress of the United States direct the
Health Care Financing Administration to establish a national
policy no later than July 1, 1995, for Medicare reimbursement of
telemedicine services.
Schulte of Linn offered the following amendment H-3228 filed by
him and moved its adoption:
H-3228
 1     Amend Senate Concurrent Resolution 15 as follows:
 2     1.  Page 2, line 17, by striking the word "for"
 3   and inserting the following:  "that will promote".
Amendment H-3228 was adopted.
On motion by Schulte of Linn, Senate Concurrent Resolution 15,
as amended, was adopted.
HOUSE  CONCURRENT RESOLUTION 19 WITHDRAWN
Schulte of  Linn asked and received unanimous consent to
withdraw House Concurrent Resolution 19 from further
consideration by the House.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Twenty-Five students from Independence High School, accompanied
by Mary  Cooksley. By Hurley of Fayette.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT OF EDUCATION
The 1993-94 open enrollment report, pursuant to Chapter 7A.3(4),
Code of Iowa.
SUBCOMMITTEE ASSIGNMENTS
House Joint Resolution 13
State Government: Martin, Chair; Coon and Jochum.
House File 223 Reassigned
Ways and Means: Disney, Chair; Holveck and Nutt.
House File 231
Local Government: Huseman, Chair; Mertz and Vande Hoef.
House File 235
Local Government: Vande Hoef, Chair; Koenigs and Martin.
House File 259
State Government: Renken, Chair; Houser and Running.
House File 260
State Government: Martin, Chair; Houser and Witt.
House File 268
Local Government: Huseman, Chair; Mertz and Vande Hoef.
House File 271
Local Government: Houser, Chair; Drees and Vande Hoef.
House File 272
State Government: Jacobs, Chair; Connors, Drake, Gipp and Jochum.
House File 275
Natural Resources: Cornelius, Chair; Coon and May.
House File 282
State Government: Jacobs, Chair; Connors and Drake.
House File 284
Human Resources: Salton, Chair; Burnett, Lord, Murphy and
Veenstra.
Senate File 205
Education: Rants, Chair; Nelson of Marshall and Warnstadt.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 161 Reassigned
State Government: Cataldo, Chair; Gipp and Martin.
House Study Bill 224
Local Government: Huseman, Chair; Klemme and Koenigs.
House Study Bill 232 Reassigned
Human Resources: Lord, Chair; Boddicker, Harper, Myers and
Veenstra.
House Study Bill 235
Ways and Means: Larson, Chair; Doderer, Nutt, Shoultz and Van
Fossen.
House Study Bill 242
Education: Cornelius, Chair; Garman and Wise.
House Study Bill 243
Education: Grubbs, Chair; Baker and Gries.
House Study Bill 244
Education: Grubbs, Chair; Nelson of Marshall and Nelson of
Pottawattamie.
House Study Bill 246
Environmental Protection: Meyer, Chair; Shoultz and Van Fossen.
House Study Bill 247
Education: Lord, Chair; Baker and Rants.
House Study Bill 248
Education: Daggett, Chair; Grubbs and Ollie.
House Study Bill 249
Education: Veenstra, Chair; Cornelius and Warnstadt.
House Study Bill 250
Appropriations: Houser, Chair; Millage and Murphy.
House Study Bill 251
Local Government: Klemme, Chair; Arnold and Drees.
House Study Bill 252
Environmental Protection: Vande Hoef, Chair; Drees and Teig.
House Study Bill 253
Education: Grubbs, Chair; Gries and Nelson of Pottawattamie.
House Study Bill 254
Judiciary: Lamberti, Chair; Coon, Doderer, Harrison and Kreiman.
House Study Bill 255
Judiciary: Kremer, Chair; Moreland and Nutt.
House Study Bill 256
Judiciary: Dinkla, Chair; Holveck and Nutt.
House Study Bill 257
Judiciary: Grubbs, Chair; Holveck and Kremer.
House Study Bill 258
Judiciary: Veenstra, Chair; Bell and Coon.
House Study Bill 259
Judiciary: Hurley, Chair; Lamberti and Moreland.
House Study Bill 260
Judiciary: Boddicker, Chair; Doderer and Millage.
House Study Bill 261
Commerce-Regulation: Van Fossen, Chair; Doderer and Sukup.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 262 Human Resources
Relating to the defining of "surgery" for the purposes of the
health-related professions chapter of the Code by specifying
procedures, services, and treatments considered to be "surgery"
and by providing for expansion of the definition through
rulemaking procedures utilized by the board of medical examiners.
H.S.B. 263 Agriculture
Providing for notification of the application of pesticides.
H.S.B. 264 State Government
To prohibit the sale or dispensing of refrigerated or chilled
alcoholic beverages for consumption off the premises and
subjecting violators to criminal and civil penalties.
H.S.B. 265 Local Government
Relating to the duties of the county treasurer and providing
effective and applicability dates.
H.S.B. 266 Local Government
Requiring the state to pay the costs incurred by a county for
services in sexually violent offender proceedings.
H.S.B. 267 Transportation
Relating to maximum gross weight requirements for farm trailers.
H.S.B. 268 Transportation
Allowing teaching parents to provide driver's education
instruction.
H.S.B. 269 Transportation
Relating to implements of husbandry, concerning the definition
of implements of husbandry and weight restrictions for certain
implements of husbandry.
H.S.B. 270 Technology
Relating to the funding for the Iowa communications network and
providing an appropriation.
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 ADMINISTRATION AND RULES
Committee Resolution, relating to expenses for the daily
operations of the House of Representatives.
Fiscal Note is not required.
Recommended Do Pass March 7, 1995.
Senate Joint Resolution 12, a joint resolution authorizing the
temporary use and consumption of alcoholic beverages in the
State Capitol in conjunction with a buffet dinner sponsored by
the Des Moines Rotary Club and featuring the State Capitol
restoration and providing an effective date.
Fiscal Note not required.
Recommended Do Pass March 7, 1995.
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House Study Bill 250), 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.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
COMMITTEE ON JUDICIARY
House File 130, a bill for an act relating to jury instructions.
Fiscal Note not required.
Recommended Do Pass March 7, 1995.
Committee Bill (Formerly House Study Bill 91), relating to
marriage dissolution actions, including automatic imposition of
temporary restraining orders and filing of grandparent
visitation petitions.
Fiscal Note is not required.
Committee Action Failed to Pass March 7, 1995.
Committee Bill (Formerly House Study Bill 171), relating to the
verification required for uniform citations and complaints.
Fiscal Note is not required.
Recommended Amend and Do Pass March 7, 1995. 
 COMMITTEE ON LOCAL GOVERNMENT
House File 125, a bill for an act relating to the organization
and expenses of the county charter commission.
Fiscal Note is not required.
Recommended Do Pass March 7, 1995. 
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 142), relating to the
exemption from the state sales, services, and use taxes for
computers sold or leased to insurance companies.
Fiscal Note is not required.
Recommended Amend and Do Pass March 8, 1995.
Committee Bill (Formerly House Study Bill 190), relating to
establishing family health accounts and providing applicability
and effective date provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass March 8, 1995.

RESOLUTION FILED
HCR 26, by Greiner and Hahn, a concurrent resolution in support
of maintaining the Mississippi River as a major transportation
route for various products shipped into and out of the Upper
Mississippi region.
Laid over under Rule 25.
AMENDMENT FILED
H-3279	H.J.R.	14	Shoultz of Black Hawk
On motion by Siegrist of Pottawattamie, the House adjourned at
1:30 p.m. until 8:45 a.m., Thursday, March 9, 1995.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

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