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Sixtieth Calendar Day - Fortieth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 9, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Leonard Sjogren, Hope United
Methodist Church, Marshalltown.
The Journal of Wednesday, March 8, 1995 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Carroll of Poweshiek, from seventy-three residents favoring
the reinstatement of the death penalty.
By Cohoon of Des Moines, from three hundred six constituents
favoring Senate File 121, relating to the taxation of pensions,
annuities, and retirement allowances received for the state
individual income tax and providing a retroactive applicability
date.
By Drake of Pottawattamie, from two hundred ninety-three
constituents favoring the issuance of driver's licenses, in
rural Iowa, by the County Treasurers.
INTRODUCTION OF BILLS
House File 312, by Nelson of Marshall, a bill for an act
relating to the period during which certain employees of
community colleges may file an election for coverage under an
alternative retirement benefits system rather than continuing
coverage under the Iowa public employees' retirement system.
Read first time and referred to committee on state government.
House File 313, by Burnett and Mascher, a bill for an act
relating to the issuance of mutual protective orders and
prohibiting the imposition of court costs associated with the
filing of a domestic abuse action for contempt or for a domestic
abuse assault.
Read first time and referred to committee on judiciary.
House File 314, by Coon, a bill for an act relating to nuisance
protections applicable to livestock operations.
Read first time and referred to committee on agriculture.
House File 315, by Coon, a bill for an act relating to the
rejection of a proposal to create or expand an agricultural area
by a county board of supervisors.
Read first time and referred to committee on agriculture.
House File 316, by Coon, a bill for an act relating to freedom
of speech of students at postsecondary institutions.
Read first time and referred to committee on education.
House File 317, by Kreiman, a bill for an act relating to
establishment of a health care facility resident protection
program and providing penalties.
Read first time and referred to committee on human resources.
House File 318, by Kreiman, a bill for an act relating to motor
vehicle insurance coverage and motor vehicle licensing
requirements for individuals in this state and providing
penalties and effective dates.
Read first time and referred to committee on transportation.
House File 319, by Kreiman, a bill for an act to permit the
sentencing of persons convicted of class "D" felonies to one
year in jail and providing for payment of the costs of
confinement by the state.
Read first time and referred to committee on judiciary.
House File 320, by Kreiman, a bill for an act relating to civil
remedies upon the dishonoring of a financial instrument.
Read first time and referred to committee on judiciary.
House File 321, by Kreiman, a bill for an act requiring certain
information to be attached to an order modifying a custody order.
Read first time and referred to committee on judiciary.
House File 322, by Kreiman, a bill for an act relating to the
taking of deer in overpopulated hunting zones.
Read first time and referred to committee on natural resources.
House File 323, by Kreiman, a bill for an act relating to
publishing notice of write-in candidates for certain nonpartisan
offices and special charter city offices, and providing for a
filing deadline and a disqualification of votes cast.
Read first time and referred to committee on state government.
House File 324, by Kreiman, a bill for an act relating to the
divestiture of public moneys in investments of companies engaged
in the manufacture of tobacco products.
Read first time and referred to committee on state government.
House File 325, by Kreiman, a bill for an act creating an
environmental permit trust fund.
Read first time and referred to committee on environmental
protection.
House File 326, by Kreiman, a bill for an act authorizing wage
assignments to collect criminal fines.
Read first time and referred to committee on judiciary.
House File 327, by Hammitt, a bill for an act providing for
licensing of naturopathic physicians, imposing fees, and making
penalties applicable.
Read first time and referred to committee on human resources.
House File 328, by Running and Myers, a bill for an act
providing for the issuance of special vehicle registration
plates for motorcycles and motorized bicycles.
Read first time and referred to committee on transportation.
House File 329, by Grundberg, a bill for an act relating to an
award of attorney fees in an action to enforce a mechanic's lien.
Read first time and referred to committee on judiciary.
House File 330, by Grundberg, a bill for an act relating to
eligibility requirements for workers' compensation.
Read first time and referred to committee on labor and
industrial relations.
House File 331, by Grundberg, a bill for an act to abolish the
county compensation commission and to provide for the
determination of the annual salaries of elected county officers.
Read first time and referred to committee on local government.
House File 332, by Rants, a bill for an act relating to
reciprocal license fees for nonresident real estate brokers and
salespersons.
Read first time and referred to committee on state government.
House File 333, by Rants, a bill for an act relating to
competitive bidding requirements for certain state contracts.
Read first time and referred to committee on state government.
House File 334, by Cornelius, a bill for an act relating to the
hearing and election provisions of the instructional support
program of school districts.
Read first time and referred to committee on education.
House File 335, by Meyer, a bill for an act relating to notice
requirements for hearings on drainage district work.
Read first time and referred to committee on local government.
House File 336, by committee on appropriations, a bill for an
act 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.
Read first time and placed on the appropriations calendar.
House File 337, by Grundberg, a bill for an act to amend the
criteria necessary to establish that a person is seriously
mentally impaired for purposes of involuntary hospitalization.
Read first time and referred to committee on human resources.
House File 338, by Grundberg, a bill for an act relating to the
time period for hearing on an application for hospitalization of
a person alleged to be seriously mentally impaired.
Read first time and referred to committee on human resources.
SENATE MESSAGES CONSIDERED
Senate File 204, by committee on state government, a bill for an
act relating to the hours for sale of alcoholic beverages on
Sundays.
Read first time and referred to committee on state government.
Senate File 206, by committee on education, 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.
Read first time and referred to committee on education.
CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 8
Bell of Jasper called up for consideration House Concurrent
Resolution 8, a concurrent resolution supporting the United
Nations' recognition of the Republic of China on Taiwan, and
moved its adoption.
The motion prevailed and the resolution was adopted.
CONSIDERATION OF BILLS
Ways and Means Calendar
House File 185, a bill for an act relating to the sales,
services, and use tax exemption for items used by printers and
the amount of refunds, and providing retroactive applicability
date provisions, was taken up for consideration.
Weigel of Chickasaw asked and received unanimous consent to
defer action on amendment H-3224.
Weigel of Chickasaw offered the following amendment H-3119 filed
by him and moved its adoption:
H-3119
1 Amend House File 185 as follows:
2 1. Page 2, by striking lines 6 through 20.
3 2. Title page, by striking lines 2, 3, and 4 and
4 inserting the following: "items used by printers and
5 publishers."
A non-record roll call was requested.
The ayes were 40, nays 47.
Amendment H-3119 lost.
Weigel of Chickasaw offered the following amendment H-3224,
previously deferred, filed by him and moved its adoption:
H-3224
1 Amend House File 185 as follows:
2 1. Page 2, by striking lines 6 through 20 and
3 inserting the following:
4 "Sec. ___. If a publisher or printer notifies the
5 director of revenue and finance by January 1, 1996, of
6 the publisher's or printer's failure to pay the tax
7 due or delinquent from rentals, sales or services
8 rendered, furnished, or performed, before the
9 effective date of this Act if such rentals, sales or
10 services would be exempt to publishers or printers
11 under section 1 of this Act if made after the
12 effective date of this Act, the director shall not
13 collect any of the interest or penalties due."
14 2. Title page, by striking lines 2 through 4 and
15 inserting the following: "items used by printers and
16 publishers."
17 3. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 30, nays 53.
Amendment H-3224 lost.
Grubbs of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 185)
The ayes were, 95:
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 Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt
Hanson Harper Harrison Heaton
Holveck Houser Hurley Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Rants Renken
Running Salton Schrader Schulte
Shoultz Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Welter
Wise Witt Van Maanen
Presiding
The nays were, 3:
Fallon Murphy Weigel
Absent or not voting, 2:
Brammer McCoy
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
RULE 57 SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend Rule 57 for the meeting of the Justice System Budget
Subcommittee at 1:00 p.m. today.
HOUSE FILES REREFERRED
The Speaker announced that House File 276, previously referred
to committee on education, was rereferred to committee on state
government.
Martin of Scott asked and received unanimous consent that House
File 291, previously on the regular calendar, be referred to
committee on appropriations.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 2, 1995, failed to pass the following
bill in which the concurrence of the Senate was asked:
House File 2, a bill for an act applying the death penalty or
life imprisonment for the offense of first degree murder, by
establishing circumstances under which the death penalty will be
applied, by providing a minimum age for imposition of a death
sentence, by providing for review of death sentences, by
providing for execution by lethal injection, by amending the
rules of criminal procedure, and by providing an effective date
and for the Act's applicability.
JOHN F. DWYER, Secretary
MOTIONS TO RECONSIDER
(House File 185)
I move to reconsider the vote by which House File 185 passed the
House on March 9, 1995.
GRUBBS of Scott
(House File 185)
I move to reconsider the vote by which House File 185 passed the
House on March 9, 1995.
OLLIE of Clinton
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\94 Pearl Madson, Ft. Dodge - For celebrating her 100th
birthday.
1995\95 Theora Willcox, Orange City - For celebrating her 90th
birthday.
1995\96 Natalie Crawford, Ankeny - For receiving a Best
Community Scholarship.
1995\97 Brian McCool, Guthrie Center - For receiving a Best
Community Scholarship.
1995\98 Kari Lathrum, St. Charles - For receiving a Best
Community Scholarship.
1995\99 Leslie S. Hansen, Guthrie Center - For receiving a Best
Community Scholarship.
1995\100 Trent Donnelly, Stuart - For receiving a Best Community
Scholarship.
1995\101 Chase Zaputil, Centerville - For winning 1st place in
the 1995 Class 2A, 119 lb. division of the State Wrestling
Tournament.
1995\102 Adam Paul Christensen, Cedar Falls - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1995\103 Julia Lawrence, Cedar Rapids - For celebrating her 90th
birthday.
1995\104 Audrey Ellingson, Manchester - For being selected to
participate in the decoration of Veteran's Memorial Auditorium
for the Governor's Inaugural Ball.
1995\105 JoAnn Schraad, Manchester - For being selected to
participate in the decoration of Veteran's Memorial Auditorium
for the Governor's Inaugural Ball.
SUBCOMMITTEE ASSIGNMENTS
House File 274
Judiciary: Millage, Chair; Bell and Boddicker.
House File 276
Education: Boddicker, Chair; Baker and Lord.
House File 285
Judiciary: Boddicker, Chair; Millage and Shoultz.
House File 286
Environmental Protection: Rants, Chair; Shoultz and Thomson.
House File 290
Environmental Protection: Gries, Chair; Burnett and Thomson.
House File 292
Judiciary: Hurley, Chair; Boddicker and Kreiman.
House File 293
Judiciary: Boddicker, Chair; Bernau and Coon.
House File 294
Judiciary: Dinkla, Chair; Greiner and Kreiman.
House File 298
Transportation: Branstad, Chair; Warnstadt and Weidman.
House File 301
Environmental Protection: Vande Hoef, Chair; Hahn and Holveck.
House File 305
Agriculture: Heaton, Chair; Drees and Welter.
House File 308
Labor and Industrial Relations: Metcalf, Chair; Jochum and
Kremer.
House File 322
Natural Resources: Cornelius, Chair; Coon and May.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 245
Education: Grubbs, Chair; Cohoon and Rants.
House Study Bill 262
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
House Study Bill 263
Agriculture: Greiner, Chair; Heaton and May.
House Study Bill 264
State Government: Thomson, Chair; Ertl and Witt.
House Study Bill 267
Transportation: Salton, Chair; Carroll and Koenigs.
House Study Bill 268
Transportation: Nelson of Marshall, Chair; Main and Ollie.
House Study Bill 269
Transportation: Main, Chair; Koenigs and Salton.
House Study Bill 270
Technology: Cormack, Chair; Brand and Ertl.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 271 Administration and Rules
Authorizing the temporary use and consumption of alcoholic
beverages in the State Capitol in conjunction with a reception
in conjunction with
the annual meeting of the National Association of State
Auditors, Comptrollers, and Treasurers.
H.S.B. 272 Commerce-Regulation
Relating to abandoned property subject to control by the
treasurer of state.
H.S.B. 273 Commerce-Regulation
Relating to the payment of patronage dividends by cooperative
associations which are public utilities.
H.S.B. 274 Appropriations
Making an appropriation to the community grant fund for juvenile
crime prevention programs.
H.S.B. 275 Local Government
Prohibiting a city with public safety employees under civil
service from contracting with or granting a franchise to private
contractors for those public safety jobs without a public
referendum.
H.S.B. 276 Local Government
Relating to the exclusion of century farms from economic
development areas for purposes of urban renewal and providing
for the Act's applicability.
H.S.B. 277 Local Government
Relating to exemptions from property taxation for improvements
to residential property located in an urban revitalization area,
and providing an applicability date.
H.S.B. 278 Judiciary
Relating to child support collection, including the
establishment of the amount of child support required by certain
parents who are nineteen years of age or younger, provisions
relating to the suspension, revocation, nonissuance, and
nonrenewal of certain licenses for failure to pay support, and
implementation provisions.
H.S.B. 279 Agriculture
Relating to restrictions on persons eligible to hold
agricultural land.
H.S.B. 280 Agriculture
Relating to grain transactions, by providing for credit-sale
contracts.
H.S.B. 281 Local Government
Providing for drug testing of pubic safety employees and making
penalties applicable.
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
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.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
COMMITTEE ON COMMERCE-REGULATION
Committee Bill (Formerly House Study Bill 70), relating to the
delay of the repeal for the exemption of certain multiple
employer welfare arrangements from regulation by the insurance
division and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
Committee Bill (Formerly House Study Bill 183), relating to
delayed deposit services businesses and providing penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass March 8, 1995.
Committee Bill (Formerly House Study Bill 208), relating to the
regulation of state banks and other financial institutions by
the division of banking of the department of commerce.
Fiscal Note is not required.
Recommended Amend and Do Pass March 8, 1995.
COMMITTEE ON ECONOMIC DEVELOPMENT
Committee Bill (Formerly House Study Bill 17), relating to the
statute of limitations for medical malpractice actions regarding
minors under six years of age.
Fiscal Note is not required.
Recommended Amend and Do Pass March 7, 1995.
Committee Bill (Formerly House Study Bill 132), relating to the
statute of limitations for products liability actions and
providing immunity from products liability under certain
circumstances.
Fiscal Note is not required.
Recommended Amend and Do Pass March 8, 1995.
Committee Bill (Formerly House Study Bill 174), relating to the
development of housing for low or moderate income families in
urban renewal areas, including an applicability date provision.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
COMMITTEE ON EDUCATION
Committee Bill (Formerly House Study Bill 223), relating to
funding for and the name of the national center for talented and
gifted education.
Fiscal Note is required.
Recommended Do Pass March 8, 1995.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Committee Bill (Formerly House Study Bill 84), relating to solid
waste by removing penalties for failure to meet waste reduction
and recycling goals, changing provisions of the mandatory
beverage container deposit law, requesting the allocation of
landfill alternative grant moneys, and making encouragement of
curbside recycling a public policy of the state.
Fiscal Note is not required.
Recommended Amend and Do Pass March 9, 1995.
COMMITTEE ON HUMAN RESOURCES
Committee Bill (Formerly House Study Bill 96), providing for
notification of certain persons receiving public assistance of
tax suspension provisions.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
COMMITTEE ON JUDICIARY
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.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
Committee Bill (Formerly House Study Bill 88), requiring the
administrative revocation of driving privileges of persons under
the age of twenty-one who operate a motor vehicle with an
alcohol concentration of .02 or more, denying issuance of
temporary restricted licenses during the period of revocation,
including the revocation under implied consent provisions,
providing for civil penalties, and excluding the revocation from
application of certain motor vehicle financial responsibility
requirements.
Fiscal Note is required.
Recommended Amend and Do Pass March 8, 1995.
Committee Bill (Formerly House Study Bill 239), relating to the
rate of interest charged on judgments and decrees.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
LOCAL GOVERNMENT
Committee Bill (Formerly House Study Bill 66), relating to the
determination of the annual salary of a deputy sheriff.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
COMMITTEE ON NATURAL RESOURCES
Committee Bill (Formerly House Study Bill 152), 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.
Fiscal Note is not required.
Recommended Amend and Do Pass March 8, 1995.
COMMITTEE ON STATE GOVERNMENT
House File 203, a bill for an act relating to the location of
the office of the commission of veterans affairs, and providing
an effective date.
Fiscal Note is not required.
Recommended Do Pass March 8, 1995.
Senate File 94, a bill for an act relating to reciprocal license
fees for nonresident real estate brokers and salespersons.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3280, March 8,
1995.
COMMITTEE ON TRANSPORTATION
Committee Bill (Formerly House Study Bill 32), relating to
certain exemptions from federal motor carrier safety regulations.
Fiscal Note is not required.
Recommended Amend and Do Pass March 8, 1995.
RESOLUTIONS FILED
HCR 27, by Kreiman, a concurrent resolution calling for a
nationwide cease-fire in the escalating business recruitment war.
Referred to committee on state government.
HCR 28, by Connors, a concurrent resolution requesting that the
United States Congress repeal the decriminalization of status
offenses mandate contained in the federal Juvenile Justice
Delinquency Prevention Act of 1974.
Referred to committee on judiciary.
AMENDMENTS FILED
H-3280 S.F. 94 Committee on State
Government
H-3281 H.F. 205 Halvorson of Clayton
H-3282 H.F. 247 Halvorson of Clayton
H-3283 H.F. 249 Wise of Lee
Running of Linn
Harper of Black Hawk
H-3284 H.J.R. 14 Schrader of Marion
On motion by Siegrist of Pottawattamie, the House adjourned at
9:55 a.m., until 8:45 a.m., Friday, March 10, 1995.
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Iowa General Assembly
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