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Sixty-sixth Calendar Day - Forty-five Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, March 15, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Gary Van Heukelom, First Reformed Church, Sibley. The Journal of Tuesday, March 14, 1995 was approved. PETITIONS FILED The following petitions were received and placed on file: By Connors of Polk, from one hundred eight citizens favoring House Concurrent Resolution 24 to reestablish funding for the Older Iowans Legislature. By Kremer of Buchanan, from eighty-five citizens opposing the elimination of travel reimbursement for End Stage Renal Disease patients. By Weidman of Cass from twenty-one constituents favoring extension of the rual driver's license project. INTRODUCTION OF BILLS House Joint Resolution 18, by Mascher, a joint resolution recognizing the fossil crinoid as the state fossil. Read first time and referred to committee on state government. House Joint Resolution 19, by committee on administration and rules, a joint resolution 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. Read first time and placed on the calendar. House File 439, by Cornelius and Harrison, a bill for an act relating to the taxation of pensions for state individual income tax purposes and providing a retroactive applicability date provision. Read first time and referred to committee on ways and means. House File 440, by committee on state government, a bill for an act providing for the reincorporation of nonprofit corporations and providing for retroactive applicability and effective dates. Read first time and placed on the calendar. House File 441, by Jochum and Burnett, a bill for an act relating to state foster care requirements. Read first time and referred to committee on human resources. House File 442, by Running, a bill for an act relating to personal assistance services, providing an appropriation, and providing an effective date. Read first time and referred to committee on appropriations. House File 443, by Mascher, a bill for an act requiring physical examinations for public school pupils entering kindergarten. Read first time and referred to committee on education. ADOPTION OF HOUSE MEMORIAL RESOLUTION 1 Schrader of Marion offered the following House Resolution 1 and moved its adoption: HOUSE MEMORIAL RESOLUTION 1 Whereas, The Honorable Philip Davitt of Warren County, Iowa, who was a member of the Sixty-seventh, Sixty-seventh Extra, and Sixty-eighth General Assemblies, passed away October 21, 1994; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Schrader of Marion, Coon of Warren and Fallon of Polk. ADOPTION OF HOUSE MEMORIAL RESOLUTION 2 Vande Hoef of Osceola offered the following House Resolution 2 and moved its adoption: HOUSE MEMORIAL RESOLUTION 2 Whereas, The Honorable Kenneth De Groot of Lyon County, Iowa, who was a member of the Sixty-eighth, Sixty-ninth, Sixty-ninth Extra, Sixty-ninth Second Extra, Seventieth, Seventy-first, Seventy- second, Seventy-second Extra, Seventy-third, Seventy-fourth, Seventy-fourth Extra and Seventy-fourth Second Extra General Assemblies, passed away April 22, 1993; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Vande Hoef of Osceola, Klemme of Plymouth and Branstad of Winnebago. ADOPTION OF HOUSE MEMORIAL RESOLUTION 3 Cohoon of Des Moines offered the following House Resolution 3 and moved its adoption: HOUSE MEMORIAL RESOLUTION 3 Whereas, The Honorable Milton Distlehorst of Des Moines County, Iowa, who was a member of the Sixty-first and Sixty-second General Assemblies, passed away April 23, 1993; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Cohoon of Des Moines, Wise of Lee and Larkin of Lee. ADOPTION OF HOUSE MEMORIAL RESOLUTION 4 Mertz of Kossuth offered the following House Resolution 4 and moved its adoption: HOUSE MEMORIAL RESOLUTION 4 Whereas, The Honorable Fred W. Hall of Humboldt County, Iowa, who was a member of the Fifty-seventh and Fifty-eighth General Assemblies, passed away January 29, 1994; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Mertz of Kossuth, Eddie of Buena Vista and Branstad of Winnebago. ADOPTION OF HOUSE MEMORIAL RESOLUTION 5 Daggett of Union offered the following House Resolution 5 and moved its adoption: HOUSE MEMORIAL RESOLUTION 5 Whereas, The Honorable Joseph G. Knock of Union County, Iowa, who was a member of the Fifty-ninth and Sixtieth General Assemblies, passed away August 22, 1994; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Daggett of Union, Boggess of Taylor and Dinkla of Guthrie. 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\106 Joe Nelssen, Dubuque - For his years of service to the city of Dubuque and to the Dubuque Fire Department. 1995\107 Gerald Steil, Dubuque - For his years of service to the city of Dubuque and to the Dubuque Fire Department. 1995\108 Rudy Vera, Dubuque - For his years of service to the city of Dubuque and to the Dubuque Fire Department. 1995\109 Jim Potter, Dubuque - For his years of service to the city of Dubuque and to the Dubuque Fire Department. 1995\110 Karla Haagsma, Pella - For offering the morning prayer in song and for graciously sharing her God given talent with the House of Representatives. 1995\111 Tricia Vander Molen, Pella - For offering the morning prayer in song and for graciously sharing her God given talent with the House of Representatives. 1995\112 Chad Vande Lune, Pella - For offering the morning prayer in song and for graciously sharing his God given talent with the House of Representatives. 1995\113 Terry Roose, Pella - For offering the morning prayer in song and for graciously sharing his God given talent with the House of Representatives. 1995\114 Brian White, Grinnell - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\115 Morningside "Maroon Chiefs" Men's Basketball Team, Sioux City - For winning the NCAA Division II Midwest Regional Tournament and for advancing to the Elite Eight Tournament in Louisville, Kentucky. 1995\116 Grant Wood All-City Drum Corps, Cedar Rapids - For their inspirational performance of patriotic enthusiasm before the Iowa House of Representatives. 1995\117 William Jochumsen, Cedar Falls - For receiving the Sertoma "Service to Mankind" Award for outstanding community service. 1995\118 Coach Dan Druivenga and the Panorama Girls Basketball Team, Panora - For participating in the 1995 Iowa Girl's State Basketball Tournament. 1995\119 University of Northern Iowa Concert Chorale, Cedar Falls - For performing at Carnegie Hall. 1995\120 Hudson Community School Show Choir "New Edition", Hudson - For winning 1st place in the Junior High/Middle School division at the Jefferson Show Choir Invitational. 1995\121 Coach Mitch Wachs, Coach Dave Therme, and the Winfield-Mt. Union Girl's Basketball Team, Winfield and Mt. Union - For winning 1st place in the 1995 Iowa Girl's State 1A Basketball Tournament. 1995\122 Coach Henry Eeckhoff, Asst. Coach Vint Bellows, and the Sibley-Ocheyedan Lady Generals Basketball Team, Sibley and Ocheyedan - For winning 2nd place in the 1995 Iowa Girl's State 2A Basketball tournament. 1995\123 Florence Mennen, Cedar Falls - For celebrating her 100th birthday. 1995\124 Lillian Bradley, Dubuque - For celebrating her 100th birthday. 1995\125 Clara Hoppe, Independence - For celebrating her 100th birthday. 1995\126 Josh Budke, Cedar Falls - For winning 1st place in the 1995 Class 3A, 103 lb. division of the State Wrestling Tournament. 1995\127 Eric Hanson, Jesup - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\128 Jason R. Bruce, Rowley - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\129 Eric James Peterson, Ft. Dodge - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\130 Terry Curtis, Sibley - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\131 Margaret Gruber, Cedar Falls - For receiving a Best Community Scholarship. 1995\132 Jason Clayworth, Moulton - For receiving a Best Community Scholarship. EXPLANATION OF VOTE I was necessarily absent from the House chamber on Tuesday afternoon, March 14, 1995. Had I been present, I would have voted "aye" on House File 438. GARMAN of Story SUBCOMMITTEE ASSIGNMENTS House Joint Resolution 18 State Government: Martin, Chair; Coon and Witt. House File 262 Judiciary: Dinkla, Chair; Holveck and Nutt. House File 270 Judiciary: Greiner, Chair; Kreiman and Schulte. House File 281 Judiciary: Kremer, Chair; Dinkla and Kreiman. House File 295 Judiciary: Schulte, Chair; Greiner and Shoultz. House File 296 Judiciary: Boddicker, Chair; Doderer and Millage. House File 299 Judiciary: Boddicker, Chair; Doderer and Millage. House File 313 Judiciary: Boddicker, Chair; Doderer and Millage. House File 320 Judiciary: Nutt, Chair; Dinkla and Kreiman. House File 321 Judiciary: Dinkla, Chair; Kreiman and Schulte. House File 326 Judiciary: Harrison, Chair; Moreland and Schulte. House File 329 Judiciary: Dinkla, Chair; Holveck and Millage. House File 331 Local Government: Arnold, Chair; Drees and Welter. House File 335 Local Government: Huseman, Chair; Mertz and Vande Hoef. House File 341 Judiciary: Lamberti, Chair; Bernau, Coon, Doderer and Harrison. House File 349 Judiciary: Kremer, Chair; Greiner and Holveck. House File 355 Local Government: Arnold, Chair; Koenigs and Welter. House File 360 Local Government: Carroll, Chair; Larkin and Weidman. House File 364 Local Government: Hanson, Chair; Cohoon and Klemme. House File 376 Judiciary: Coon, Chair; Harrison and Moreland. House File 385 Natural Resources: Greig, Chair; Arnold and Mundie. House File 386 Local Government: Klemme, Chair; Connors and Jacobs. House File 391 Judiciary: Boddicker, Chair; Bernau and Millage. House File 408 Ways and Means: Drake, Chair; Gries and Jochum. House File 413 State Government: Coon, Chair; Jacobs and Witt. House File 416 Local Government: Jacobs, Chair; Carroll, Connors, Myers and Vande Hoef. House File 417 Transportation: Branstad, Chair; Grundberg and Ollie. House File 422 Education: Grubbs, Chair; Cohoon and Gries. House File 424 Human Resources: Blodgett, Chair; Harper, Myers, Schulte and Veenstra. House File 427 Judiciary: Boddicker, Chair; Doderer and Millage. House File 428 Local Government: Houser, Chair; Drees and Vande Hoef. House File 430 Human Resources: Hammitt, Chair; Lord and Murphy. House File 431 Natural Resources: Tyrrell, Chair; Cohoon and Klemme. House File 441 Human Resources: Salton, Chair; Burnett, Lord, Murphy and Veenstra. House Concurrent Resolution 28 Judiciary: Schulte, Chair; Bell and Boddicker. House Concurrent Resolution 32 State Government: Disney, Chair; Running and Tyrrell. House Concurrent Resolution 33 Transportation: Nelson of Marshall, Chair; Heaton and McCoy. Senate File 140 Judiciary: Dinkla, Chair; Greiner and Moreland. Senate File 234 Natural Resources: Thomson, Chair; Brauns and May. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 196 State Government: Tyrrell, Chair; Connors and Coon. House Study Bill 281 Local Government: Disney, Chair; Brauns and Mundie. House Study Bill 282 Local Government: Houser, Chair; Klemme and Mertz. House Study Bill 286 Local Government: Welter, Chair; Drees and Martin. House Study Bill 287 Local Government: Brauns, Chair; Larkin and Martin. House Study Bill 289 Local Government: Weidman, Chair; Myers and Welter. House Study Bill 296 Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and Myers. House Study Bill 297 Environmental Protection: Gipp, Chair; Bradley and Witt. House Study Bill 298 State Government: Jacobs, Chair; Connors and Drake. House Study Bill 299 State Government: Gipp, Chair; Connors, Jacobs, Jochum and Tyrrell. House Study Bill 300 Education: Wise, Chair; Grundberg and Hanson. House Study Bill 301 Ways and Means: Main, Chair; Larkin and Rants. House Study Bill 302 Environmental Protection: Gipp, Chair; Bradley and Witt. House Study Bill 303 Economic Development: Drake, Chair; Hammitt and Harper. House Study Bill 304 Transportation: Arnold, Chair; Koenigs and Weidman. House Study Bill 305 State Government: Jacobs, Chair; Gipp and Jochum. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 306 Natural Resources Concerning mining by applying the criterion for the reclamation of mine sites, by redefining operator and mining operations, by amending the hearing procedures, by providing for administrative actions and the assessments of penalties by the division of soil conservation for noncompliance, and establishing additional penalties. H.S.B. 307 Judiciary Providing for enhanced penalties for unlawful possession of controlled substances offenses and providing a conditional effective date. H.S.B. 308 Judiciary Relating to no-contact orders in domestic abuse cases, extending an existing penalty to certain persons, and providing a conditional effective date. H.S.B. 309 Judiciary Creating the offense of theft of video rental property and establishing a penalty. H.S.B. 310 Judiciary Relating to probate including the lien period for estates which have not been administered, the amount which may be passed to a minor without appointing a conservator, the distribution of an intestate estate to the parents, and special use trusts. H.S.B. 311 Judiciary Relating to making false reports to law enforcement agencies, making spurious calls to emergency 911 communications centers, or providing false information on citations and establishing penalties and providing a conditional effective date. H.S.B. 312 Judiciary To permit the court to require victim-offender reconciliation under certain circumstances. H.S.B. 313 Local Government Allowing county general fund appropriations for closure and postclosure care of a sanitary disposal project. H.S.B. 314 Natural Resources Relating to requirements for satisfactory completion of the hunter safety and ethics education program. H.S.B. 315 Education Relating to the increase in and the funding of the foundation base for purposes of the state school foundation program and the increase in the state sales, services, use and the automobile rental excise taxes and providing an effective date and applicability provisions. H.S.B. 316 State Government Relating to state government personnel systems, including affirmative action reports, disability programs, deferred compensation, experimental research projects, and the state training system. H.S.B. 317 Human Resources Relating to payment of expenses for persons with mental retardation. H.S.B. 318 State Government Relating to streamlining government activities. 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 245, a bill for an act relating to the administration of the department of agriculture and land stewardship, providing for moneys previously appropriated to the department, and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 263), providing for notification of the application of pesticides. Fiscal Note is not required. Recommended Amend and Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 280), relating to grain transactions, by providing for credit-sale contracts. Fiscal Note is not required. Recommended Do Pass March 14, 1995. COMMITTEE ON APPROPRIATIONS Committee Bill (Formerly House Study Bill 106), appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated or if categorical grants are consolidated into new or existing block grants and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 14, 1995. Committee Bill, relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the commission of veterans affairs, and the governor's alliance on substance abuse. Fiscal Note is not required. Recommended Amend and Do Pass March 14, 1995. COMMITTEE ON ECONOMIC DEVELOPMENT Committee Bill (Formerly House Study Bill 214), establishing the Iowa hope loan program, creating an Iowa hope loan fund, allocating gaming revenues and making an appropriation, and providing for other properly related matters. Fiscal Note is not required. Recommended Do Pass March 14, 1995. House File 230, a bill for an act relating to procedural requirements for the enforcement of certain copyrights, and providing for penalties. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3307 March 14, 1995. COMMITTEE ON ENVIRONMENTAL PROTECTION Committee Bill (Formerly House Study Bill 246), relating to solid waste reduction and recycling goals. Fiscal Note is not required. Recommended Do Pass March 14, 1995. COMMITTEE ON JUDICIARY House File 246, a bill for an act relating to civil litigation by inmates and prisoners and deductions from inmate accounts for certain expenses, including costs of litigation by inmates. Fiscal Note is not required. Recommended Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 169), relating to remedies upon the dishonoring of a financial instrument. Fiscal Note is not required. Recommended Amend and Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 170), relating to prison time served by persons convicted of a second or subsequent forcible felony, by providing for increases in the mandatory minimum terms of sentences to be served, and providing for a reduction in the amount of good and honor time that may be earned. Fiscal Note is required. Recommended Amend and Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 236), authorizing the use of criminal contempt to enforce victim restitution orders. Fiscal Note is not required. Recommended Amend and Do Pass March 14, 1995. COMMITTEE ON LOCAL GOVERNMENT House File 84, a bill for an act relating to a city's power to allow eligible electors of the city to propose or request reconsideration of a city ordinance. Fiscal Note is not required. Recommended Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 224), relating to agricultural management account moneys and county grants for private rural water well, testing, sealing, and closure. Fiscal Note is not required. Recommended Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 251), relating to the joint investment of funds of rural water districts with other political subdivisions. Fiscal Note is not required. Recommended Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 276), relating to the exclusion of century farms from economic development areas for purposes of urban renewal and providing for the Act's applicability. Fiscal Note is not required. Recommended Amend and Do Pass March 14, 1995. COMMITTEE ON TECHNOLOGY Committee Bill (Formerly House Study Bill 78), relating to the issuance of a request for proposals for the sale of the Iowa communications network. Fiscal Note is not required. Recommended Amend and Do Pass March 14, 1995. Committee Bill (Formerly House Study Bill 270), relating to the funding for the Iowa communications network and providing an appropriation. Fiscal Note is not required. Recommended Do Pass March 15, 1995. COMMITTEE ON TRANSPORTATION Committee Bill (Formerly House Study Bill 61), relating to governmental control of property by allowing governmental entities to enter and test property for condemnation purposes, providing for the interest rates assessed for condemnation damages, providing for right-of-way notice filings, and concerning advertising control laws on scenic highways. Fiscal Note is not required. Recommended Amend and Do Pass March 14, 1995. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House Study Bill 235), relating to protection of taxpayers' rights by limiting the growth rate of taxes, revenue, and spending of the state and local governments and by increasing the people's control over taxes, revenue, and spending of the state and local governments, and providing effective and applicability dates. Fiscal Note is not required. Recommended Amend and Do Pass March 15, 1995. RESOLUTION FILED HCR 34, by Vande Hoef, Greig, Salton, Klemme, Huseman, Veenstra, Meyer, Eddie, Mundie, Branstad and Drees, a concurrent resolution urging the President and the Congress to reject any proposal to sell the power marketing administrations or their assets. Laid over under Rule 25. AMENDMENTS FILED H-3303 H.F. 435 Branstad of Winnebago H-3304 H.F. 395 Greiner of Washington Bradley of Clinton H-3305 H.F. 289 Meyer of Sac H-3306 H.F. 336 Murphy of Dubuque H-3307 H.F. 230 Committee on Economic Development H-3308 H.F. 185 Weigel of Chickasaw H-3309 H.F. 258 Running of Linn H-3310 H.F. 258 Running of Linn H-3311 H.F. 258 Running of Linn H-3312 H.F. 258 Running of Linn H-3313 H.F. 258 Running of Linn H-3314 H.F. 258 Running of Linn H-3315 H.F. 258 Running of Linn H-3316 H.F. 258 Running of Linn H-3317 H.F. 258 Running of Linn H-3318 H.F. 258 Running of Linn H-3319 H.F. 258 Nelson of Pottawattamie Wise of Lee H-3320 H.F. 258 Bell of Jasper Connors of Polk Wise of Lee H-3321 H.F. 258 Nelson of Pottawattamie Harper of Black Hawk O'Brien of Boone Bell of Jasper Connors of Polk Cohoon of Des Moines H-3322 H.F. 258 Jochum of Dubuque Harper of Black Hawk Bell of Jasper O'Brien of Boone Nelson of Pottawattamie Wise of Lee H-3323 H.F. 258 Nelson of Pottawattamie Jochum of Dubuque Harper of Black Hawk Cohoon of Des Moines H-3324 H.F. 258 Murphy of Dubuque O'Brien of Boone Jochum of Dubuque Bell of Jasper Moreland of Wapello Wise of Keokuk On motion by Siegrist of Pottawattamie, the House adjourned at 8:57 a.m., until 8:45 a.m., Thursday, March 16, 1995.
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