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Sixty-fourth Calendar Day - Forty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, March 13, 1995 The House met pursuant to adjournment at 1:00 p.m., Speaker Corbett in the chair. Prayer was offered by Reverend Neil Solomonson, Salem Lutheran Church, Andrew. PLEDGE OF ALLEGIANCE The Grant Wood All-City Drum Corps, consisting of approximately ninety students of Grant Wood, Johnson and McKinley Elementary Schools, Cedar Rapids, under the direction of Slayton Thompson, presented the Colors and led the House in the Pledge of Allegiance, and in singing "God Bless America." The Corps was also accompanied by Dr. Lew Finch, Superintendent of Schools, and thirty-five parents and chaperones. The Journal of Friday, March 10, 1995, was approved. PETITION FILED By Arnold of Lucas, from one hundred forty residents of District 91 favoring the issuance of driver licenses, in rural Iowa, in the office of the County Treasurer. INTRODUCTION OF BILLS House Joint Resolution 16, by Doderer and Grubbs, a joint resolution making an appropriation for the construction of a women in the military service memorial. Read first time and referred to committee on state government. House File 380, by Baker and Larson, a bill for an act relating to the annual salaries of the members of the utilities board and providing an applicability provision. Read first time and referred to committee on state government. House File 381, by Jochum, a bill for an act requiring videos produced by the state to be captioned for deaf and hard-of-hearing persons. Read first time and referred to committee on state government. House File 382, by Jochum, a bill for an act providing retirement benefits for members of the public safety peace officers' retirement, accident, and disability system and members of the statewide fire and police retirement system who have attained the age of fifty years, and providing effective and applicability date provisions. Read first time and referred to committee on state government. House File 383, by Murphy and Brand, a bill for an act relating to the reimbursement of health care providers pursuant to a managed care delivery system and to the establishment of expanded provider networks under such system. Read first time and referred to committee on human resources. House File 384, by Murphy, a bill for an act relating to the reestablishment of the long-term care resident's advocate program in the office of the citizens' aide, and providing effective dates. Read first time and referred to committee on human resources. House File 385, by Teig, a bill for an act providing for the approval of construction permits relating to livestock operations. Read first time and referred to committee on natural resources. House File 386, by Warnstadt, Nutt, Klemme, and Rants, a bill for an act authorizing certain cities to appoint a board of review to hear city taxpayer appeals. Read first time and referred to committee on local government. House File 387, by Hanson, Myers, Burnett, Mascher, Bernau, and Rants, a bill for an act relating to the appointment of the student member to the state board of regents, reducing the student member's term, and providing implementation and transition provisions. Read first time and referred to committee on education. House File 388, by Main, a bill for an act relating to the creation of parental and family involvement policies in Iowa's public schools. Read first time and referred to committee on education. House File 389, by Garman, a bill for an act relating to school procedures for handling child abuse reports alleged to have been committed by an employee or agent of a public or nonpublic school. Read first time and referred to committee on education. House File 390, by Lamberti, a bill for an act relating to the deposit of moneys paid by a higher education institution to cooperating teachers into a scholarship fund. Read first time and referred to committee on education. House File 391, by Grundberg and Harper, a bill for an act requiring the department of corrections to conduct a study relating to the number and treatment of inmates with mental illness in institutions under the control of the department. Read first time and referred to committee on judiciary. House File 392, by Baker, a bill for an act providing for reimbursement by the board of educational examiners for the costs of license renewal for public school teachers, making an appropriation, and providing an effective date and applicability provisions. Read first time and referred to committee on education. House File 393, by committee on transportation, a bill for an act relating to certain exemptions from federal motor carrier safety regulations. Read first time and placed on the calendar. House File 394, by committee on economic development, a bill for an act relating to the statute of limitations for medical malpractice actions regarding minors under six years of age. Read first time and placed on the calendar. House File 395, by committee on environmental protection, a bill for an act relating to solid waste by removing wine and alcoholic liquor from the definition of beverage in 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. Read first time and placed on the calendar. House File 396, by committee on commerce-regulation, a bill for an act relating to delayed deposit services businesses and providing penalties. Read first time and placed on the calendar. House File 397, by Harrison, Veenstra, Hammitt, Jacobs, Coon, Lamberti, Cornelius, Bradley, Boggess, Witt, Van Fossen, Huseman, Daggett, and Brand, a bill for an act making an appropriation for grants for independent living centers for persons with disabilities. Read first time and referred to committee on appropriations. House File 398, by Schrader, Bernau, Moreland, Drees, May, Baker, Brand, and Larkin, a bill for an act relating to the exemption from property taxation of certain industrial machinery, equipment and computers and providing for the Act's applicability. Read first time and referred to committee on ways and means. House File 399, by Schrader, Bernau, Moreland, Drees, Baker, Brand, and Larkin, a bill for an act relating to employee choice of medical care in workers' compensation. Read first time and referred to committee on labor and industrial relations. House File 400, by committee on transportation, a bill for an act relating to the joint purchasing of equipment by political subdivisions of the state. Read first time and placed on the calendar. House File 401, by committee on human resources, a bill for an act relating to public health issues, including certain birth certificates and licensing of athletic trainers. Read first time and placed on the calendar. House File 402, by Grundberg, a bill for an act relating to phases I and II of the educational excellence program. Read first time and referred to committee on education. House File 403, by Grundberg, a bill for an act relating to the maximum amount for earnings specified for certain retirees under the Iowa public employees' retirement system, and providing effective and retroactive applicability dates. Read first time and referred to committee on state government. House File 404, by Grundberg , a bill for an act relating to limited English proficiency programs in the public schools. Read first time and referred to committee on education. House File 405, by committee on natural resources, a bill for an act 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. Read first time and placed on the calendar. House File 406, by committee on local government, a bill for an act relating to the investment of the proceeds of bond issues and other evidences of indebtedness and the use of earnings from the investment. Read first time and placed on the calendar. SENATE MESSAGES CONSIDERED Senate File 156, by committee on small business, economic development and tourism, 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. Read first time and referred to committee on economic development. Senate File 160, by committee on small business, economic development and tourism, a bill for an act relating to establishing a local housing development program under the Iowa finance authority, authorizing the issuance of bonds to fund the program, and authorizing a city, county, or municipal housing agency to develop, own, and manage a local housing project. Read first time and referred to committee on economic development. Senate File 207, by committee on state government, a bill for an act 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. Read first time and referred to committee on state government. Senate File 234, by committee on natural resources, enviornment and energy, a bill for an act relating to the powers and duties of the department of natural resources by amending procedures for issuing and establishing fees for scientific collector's licenses or permits. Read first time and referred to committee on natural resources. SPECIAL PRESENTATION Bell of Jasper presented to the House Roy Y. Y. Wu, director General of the Taipei Economic and Cultural Office, Taipei, China, who addressed the House briefly. The House rose and expressed its welcome. LEAVE OF ABSENCE Leave of absence was granted as follows: Bernau of Story on request of Burnett of Story. CONSIDERATION OF BILLS Regular Calendar 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, was taken up for consideration. Rants of Woodbury moved that the joint resolution be read a last time now and placed upon its adoption and the joint resolution was read a last time. Rule 75 was invoked. On the question "Shall the joint resolution be adopted and agreed to?" (S.J.R. 12) The ayes were, 56: Baker Bell Blodgett Boggess Brand Brauns Cataldo Churchill Cohoon Connors Coon Dinkla Disney Drees Ertl Gipp Greiner Grubbs Halvorson Hammitt Harper Heaton Jacobs Jochum Koenigs Kremer Lamberti Larkin Larson Mascher McCoy Metcalf Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt Ollie Rants Renken Running Schrader Schulte Shoultz Siegrist Tyrrell Van Fossen Warnstadt Weidman Welter Wise Witt Mr. Speaker Corbett The nays were, 40: Arnold Boddicker Bradley Branstad Brunkhorst Burnett Carroll Cormack Cornelius Daggett Doderer Drake Eddie Fallon Garman Greig Gries Grundberg Hahn Hanson Harrison Holveck Houser Hurley Huseman Klemme Lord Main Martin May Meyer O'Brien Salton Sukup Teig Thomson Van Maanen Vande Hoef Veenstra Weigel Absent or not voting, 4: Bernau Brammer Kreiman Mertz The joint resolution having received a constitutional majority was declared to have been adopted and agreed to by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate Joint Resolution 12 be immediately messaged to the Senate. SPONSORS ADDED (House File 359) Harrison of Scott requested to be added as a sponsor of House File 359. ( House File 377) Harrison of Scott requested to be added as a sponsor of House File 377. CONFERENCE COMMITTEE REPORT FILED MR. SPEAKER: The Chief Clerk of the House respectfully reports that the conference committee report on the following bill has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House Senate File 17, a bill for an act establishing the state percent of growth for the school budget year beginning July 1, 1995, for purposes of the state school foundation program and providing effective and applicability date provisions. ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE: STEVE GRUBBS, Chair MIKE CONNOLLY, Chair CHUCK GIPP JOHN P. KIBBIE DON GRIES MARY E. KRAMER C. ARTHUR OLLIE JIM LIND PHILIP WISE MARY NEUHAUSER BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 13, 1995, he approved and transmitted to the Secretary of State the following bill: Senate File 114, an act relating to anabolic steroids and the Iowa uniform controlled substances Act. COMMUNICATIONS RECEIVED The following communications were received and filed in the office of the Chief Clerk: DEPARTMENT OF GENERAL SERVICES The Capitol Planning Commission Annual Report, pursuant to Chapter 18A, Code of Iowa. FRIENDS OF CAPITOL HILL, INC. The 1994 First Annual Report, pursuant to Chapter 18A.11, Code of Iowa. SUBCOMMITTEE ASSIGNMENTS House Joint Resolution 15 State Government: Churchill, Chair; Drake and Jochum. House File 297 Judiciary: Veenstra, Chair: Moreland and Schulte. House File 318 Transportation: Welter, Chair; Heaton and Larkin. House File 324 State Government: Jacobs, Chair; Gipp and Witt. House File 328 Transportation: Branstad, Chair; McCoy and Welter. House File 339 Transportation: Eddie, Chair; Brauns and Larkin. House File 340 Transportation: Heaton, Chair; McCoy and Salton. House File 342 Human Resources: Salton, Chair; Burnett, Lord, Murphy and Veenstra. House File 348 Human Resources: Carroll, Chair; Hammitt, Lord, Myers and Witt. House File 350 State Government: Churchill, Chair; Drake and Jochum. House File 353 State Government: Coon, Chair; Jacobs and Jochum. House File 357 Transportation: Weidman, Chair; Blodgett and Main. House File 358 Human Resources: Salton, Chair; Burnett, Lord, Murphy and Veenstra. House File 365 State Government: Gipp, Chair; Jacobs and Larkin. House File 368 Transportation: Arnold, Chair; Main and Ollie. House File 370 Commerce-Regulation: Nutt, Chair; Holveck and Larson. House File 372 State Government: Bradley, Chair; Disney and Jochum. House File 377 Human Resources: Boddicker, Chair; Brand, Fallon, Harrison and Hurley. House File 379 Transportation: Grundberg, Chair; Cohoon and Salton. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 278 Judiciary: Schulte, Chair; Harrison and Kreiman. House Study Bill 283 State Government: Renken, Chair; Connors and Coon. House Study Bill 285 Commerce-Regulation: Nutt, Chair; Holveck and Sukup. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 287 Local Government Exempting the boards of supervisors of counties from providing general assistance to poor persons who are illegal aliens. H.S.B. 288 Transportation Relating to the allowable rear axle weights on compacted rubbish vehicles. H.S.B. 289 Local Government Relating to county veteran benefits for indigent, honorably discharged persons who served in the United States military or naval armed forces during peacetime and the indigent members of their immediate family. H.S.B. 290 Transportation Relating to imposing a civil penalty for certain motor vehicle license revocations, imposing a surcharge on scheduled fines and and providing for the appropriation and disposition of the proceeds from the civil penalty and from the surcharge for prisons and jails. H.S.B. 291 Human Resources Relating to the defining of persons with mental retardation with regard to the provision of services. H.S.B. 292 Human Resources Relating to the notification of the auditor of a county of legal settlement of an indigent person, of the costs of care and treatment furnished by a county public hospital outside the county of legal settlement. H.S.B. 293 Judiciary Relating to obscenity, by providing for restrictions on public indecent exposure in certain establishments, by providing for restrictions on distributing sexual material to minors, and by providing for the abatement of the nuisance created by certain establishments concerning obscenity, making penalties applicable, and providing an effective date. H.S.B. 294 Judiciary Relating to obscenity exemptions for public libraries. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON NATURAL RESOURCES House File 87, a bill for an act relating to the goal for the amount of Iowa's land area provided public open space protection. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3290, March 9, 1995. AMENDMENTS FILED H-3290 H.F. 87 Committee on Natural Resources H-3291 H.F. 239 Vande Hoef of Osceola H-3292 H.F. 291 Bradley of Clinton H-3293 H.F. 336 Murphy of Dubuque Bell of Jasper Cataldo of Polk O'Brien of Boone Jochum of Dubuque Schrader of Marion Running of Linn Ollie of Clinton Larkin of Lee Cohoon of Des Moines Connors of Polk Harper of Black Hawk Mascher of Johnson Baker of Polk Burnett of Story Dress of Carroll Mundie of Webster On motion by Siegrist of Pottawattamie, the House adjourned at 2:05 p.m. until 8:45 a.m., Tuesday, March 14, 1995.
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