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Seventy-eighth Calendar Day - Fifty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, March 27, 1995 The House met pursuant to adjournment at 1:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Denny R. Funderburg, The Gospel of the Living Word Church, Spencer. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by House Pages, Deana Lauritzen, Emelie Boelter and De Ann Hart. The Journal of Friday, March 24, 1995 was approved. PETITION FILED The following petition was received and placed on file: By Weidman of Cass from three hundred seventy-five constituents favoring extension of the Driver's License Pilot Project. LEAVE OF ABSENCE Leave of absence was granted as follows: Thomson of Linn, for March 27 and 28, 1995, on request of Siegrist of Pottawattamie; Brand of Benton, on request of Bernau of Story; Lord of Dallas, until his arrival, on request of Siegrist of Pottawattamie; Jochum of Dubuque, until her arrival, on request of Schrader of Marion. INTRODUCTION OF BILL House File 545, by committee on ways and means, a bill for an act providing a sales tax exemption relating to certain aircraft and effective date and retroactive applicability provisions. Read first time and placed on the ways and means calendar. SENATE MESSAGES CONSIDERED Senate File 213, by Murphy, a bill for an act relating to handicapped parking and providing a penalty. Read first time and referred to committee on transportation. Senate File 424, by committee on state government, a bill for an act relating to membership and administration of the board of the statewide police and fire retirement system and providing an effective date. Read first time and referred to committee on state government. CONSIDERATION OF BILLS Regular Calendar House File 483, a bill for an act relating to activities of the department of human services, including provisions involving the state hospital-schools and other institutions, commitments of persons with mental retardation, and the department's public housing unit, was taken up for consideration. The House stood at ease as 1:13 p.m., until the fall of the gavel. The House resumed session at 2:25 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Carroll of Poweshiek 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. 483) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 7: Brammer Brand Dinkla Ertl Jochum Lord Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 505, a bill for an act relating to payment of expenses for persons with mental retardation, was taken up for consideration. Carroll of Poweshiek 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. 505) The ayes were, 91: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 9: Brammer Brand Corbett, Spkr. Dinkla Ertl Jochum Lord Moreland Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that House Files 483 and 505 be immediately messaged to the Senate. House File 394, a bill for an act relating to the statute of limitations for medical malpractice actions regarding minors under six years of age, was taken up for consideration. Doderer of Johnson asked and received unanimous consent to defer action on amendment H-3427. McCoy of Polk offered amendment H-3451 filed by him and Moreland as follows: H-3451 1 Amend House File 394 as follows: 2 1. Page 2, by inserting after line 10 the 3 following: 4 "Sec. ___. NEW SECTION. 507B.15 MEDICAL 5 MALPRACTICE POLICIES. 6 A person shall not offer an insurance policy 7 providing liability coverage for medical malpractice 8 unless the policy provides coverage for all acts or 9 omissions, which may constitute medical malpractice, 10 which occur during the period the policy is in force." 11 2. Title page, line 1, by inserting after the 12 word "to" the following: "medical malpractice 13 including the coverage of medical malpractice 14 liability insurance policies and". Bradley of Clinton rose on a point of order that amendment H-3451 was not germane. The Speaker ruled the point well taken and amendment H-3451 not germane. McCoy of Polk moved to suspend the rules to consider amendment H-3451. Roll call was requested by Schrader of Marion and McCoy of Polk. On the question "Shall the rules be suspended to consider amendment H-3451?" (H.F. 394) The ayes were, 33: Baker Bell Bernau Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 61: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 6: Brammer Brand Dinkla Ertl Jochum Thomson The motion to suspend the rules lost. Harper of Black Hawk offered the following amendment H-3441 filed by her and moved its adoption: H-3441 1 Amend House File 394 as follows: 2 1. Page 2, line 15, by inserting after the word 3 "malpractice" the following: "occurring at birth". 4 2. Page 2, line 22, by inserting after the word 5 "malpractice" the following: "occurring at birth". A non-record roll call was requested. The ayes were 30, nays 58. Amendment H-3441 lost. O'Brien of Boone offered the following amendment H-3419 filed by him and moved its adoption: H-3419 1 Amend House File 394 as follows: 2 1. Page 2, by striking lines 14 and 15 and 3 inserting the following: "The times limited for 4 actionsherein, except". 5 2. Page 2, by striking lines 21 through 24 and 6 inserting the following: "an action. However, in an 7 action brought for medical malpractice any extension, 8 in favor of a minor, of the limitation on commencing 9 the action shall not exceed eight years. As used in 10 this section,". 11 3. Title page, line 2, by striking the words 12 "under six years of age". Amendment H-3419 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Dinkla of Guthrie on request of Eddie of Buena Vista. Bernau of Story offered the following amendment H-3418 filed by Brand of Benton and moved its adoption: H-3418 1 Amend House File 394 as follows: 2 1. Page 2, line 24, by inserting after the word 3 "action." the following: "However, if an injury 4 occurs due to medical malpractice which could not have 5 been discovered within the periods provided in this 6 section due to the latent onset of symptoms or because 7 medical technology was not sophisticated enough to 8 detect the result, then a minor shall have until two 9 years after discovery of the injury to commence an 10 action." Roll call was requested by Moreland of Wapello and Bernau of Story. On the question "Shall amendment H-3418 be adopted?" (H.F. 394) The ayes were, 36: Baker Bell Bernau Burnett Cataldo Cohoon Connors Doderer Drees Fallon Hanson Harper Holveck Hurley Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 58: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Harrison Heaton Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Weidman Welter Van Maanen, Presiding Absent or not voting, 6: Brammer Brand Dinkla Ertl Thomson Veenstra Amendment H-3418 lost. Moreland of Wapello offered the following amendment H-3443 filed by him and moved its adoption: H-3443 1 Amend House File 394 as follows: 2 1. Page 2, line 24, by inserting after the word 3 "action." the following: "If the medical malpractice 4 occurs or is discovered after the minor's sixth 5 birthday, the minor shall be subject to the 6 limitations period contained in section 614.1, 7 subsection 9." 8 2. Title page, line 2, by striking the words 9 "under six years of age". Amendment H-3443 lost. Moreland of Wapello offered the following amendment H-3408 filed by him and moved its adoption: H-3408 1 Amend House File 394 as follows: 2 1. Page 2, by striking line 28 and inserting the 3 following: "or". A non-record roll call was requested. The ayes were 28, nays 55. Amendment H-3408 lost. Moreland of Wapello offered the following amendment H-3448 filed by him and moved its adoption: H-3448 1 Amend House File 394 as follows: 2 1. Page 2, line 30, by inserting after the word 3 "care." the following: "The time for bringing a 4 medical malpractice action on behalf of a minor shall 5 be limited by this section or section 614.1, 6 subsection 9, whichever is longer." 7 2. Title page, line 2, by striking the words 8 "under six years of age". A non-record roll call was requested. The ayes were 33, nays 58. Amendment H-3448 lost. Kreiman of Davis asked and received unanimous consent to defer action on amendment H-3417 Moreland of Wapello offered the following amendment H-3409 filed by him and moved its adoption: H-3409 1 Amend House File 394 as follows: 2 1. Page 2, by inserting after line 30 the 3 following: 4 "Sec. ___. APPLICABILITY. This Act applies only 5 to causes of action accruing on or after July 1, 6 1995." 7 2. Title page, line 2, by inserting after the 8 word "age" the following: "and providing for the 9 Act's applicability". Roll call was requested by Moreland of Wapello and Witt of Black Hawk. On the question "Shall amendment H-3409 be adopted?" (H.F. 394) The ayes were, 35: Baker Bell Bernau Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Hurley Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 60: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 5: Brammer Brand Dinkla Ertl Thomson Amendment H-3409 lost. Moreland of Wapello offered the following amendment H-3444 filed by him and moved its adoption: H-3444 1 Amend House File 394 as follows: 2 1. Page 2, by inserting after line 30 the 3 following: "However, the restricted extension of the 4 limitation period for bringing actions for medical 5 malpractice on behalf of a minor shall not apply if a 6 health care provider or another person modifies a 7 medical record in an attempt to conceal medical 8 malpractice, and the minor shall have one year from 9 and after the termination of the minor's disability 10 within which to commence an action." A non-record roll call was requested. The ayes were 30, nays 50. Amendment H-3444 lost. Jochum of Dubuque offered amendment H-3449 filed by her as follows: H-3449 1 Amend House File 394 as follows: 2 1. Page 2, by inserting after line 30 the 3 following: "A minor whose cause of action is 4 extinguished by the expiration of the limitations 5 period in this section shall be immediately eligible 6 for medical assistance under chapter 249A." Bradley of Clinton rose on a point of order that amendment H-3449 was not germane. The Speaker ruled the point well taken and amendment H-3449 not germane. Jochum of Dubuque asked for unanimous consent to suspend the rules to consider amendment H-3449. Objection was raised. Jochum of Dubuque moved to suspend the rules to consider amendment H-3449. A non-record roll call was requested. The ayes were 30, nays 52. The motion to suspend the rules lost. Bernau of Story asked and received unanimous consent to withdraw amendment H-3450 filed by him on March 23, 1995. McCoy of Polk offered amendment H-3452 filed by him and Moreland as follows: H-3452 1 Amend House File 394 as follows: 2 1. Page 2, by inserting after line 30 the 3 following: 4 "Sec. ___. The commissioner of insurance shall 5 study the reasons for the unavailability of medical 6 malpractice liability insurance covering all acts or 7 omissions which may constitute medical malpractice 8 which occur during the period of time a policy is in 9 force. The study shall include an examination of 10 potential actions which could be pursued by the state 11 to assure the availability of medical malpractice 12 liability insurance. The commissioner shall report 13 the findings and conclusions of the study, including 14 recommendations for action, to the general assembly by 15 January 15, 1996." 16 2. By renumbering as necessary. Bradley of Clinton rose on a point of order that amendment H-3452 was not germane. The Speaker ruled the point well taken and amendment H-3452 not germane. McCoy of Polk moved to suspend the rules to consider amendment H-3452. A non-record roll call was requested. The ayes were 30, nays 54. The motion to suspend the rules lost. Doderer of Johnson offered amendment H-3427, previously deferred, filed by her as follows: H-3427 1 Amend House File 394 as follows: 2 1. By striking page 1, line 1, through page 2, 3 line 10. 4 2. By renumbering as necessary. Blodgett of Cerro Gordo in the chair at 5:37 p.m. Connors of Polk moved to table amendment H-3427 A non-record roll call was requested. The ayes were 31, nays 54. The motion to table failed. Speaker pro tempore Van Maanen of Marion in the chair at 5:45 p.m. Doderer of Johnson moved the adoption of amendment H-3427. Amendment H-3427 lost. Kreiman of Davis offered amendment H-3417, previously deferred, filed by Brand of Benton as follows: H-3417 1 Amend House File 394 as follows: 2 1. Page 2, by inserting after line 30 the 3 following: 4 "Sec. ___. The Iowa department of public health 5 shall prepare annually for the general assembly an 6 assessment of the impact of the passage of this Act. 7 The assessment shall include, but is not limited to, 8 the relative availability of medical personnel and 9 services relating to obstetrics, including prenatal 10 and neonatal care in rural versus urban areas, the 11 relative frequency and amount of claims and costs 12 associated with claims or potential claims in rural 13 versus urban areas, and the apparent causes of any 14 discrepancies concerning service availability or costs 15 between rural and urban areas. Other state agencies 16 shall provide relevant data and otherwise cooperate in 17 the preparation of the annual assessment at the 18 request of the Iowa department of public health. 19 Sec. ___. REPEAL. This Act is repealed effective 20 June 30, 2000, and the Code editor shall return the 21 language of section 614.8 to the language which 22 appeared in the 1995 Code of Iowa." Kreiman of Davis offered the following amendment H-3492, to amendment H-3417, filed by him from the floor and moved its adoption: H-3492 1 Amend the amendment, H-3417, to House File 394 as 2 follows: 3 1. Page 1, by striking lines 19 through 22. Amendment H-3492 was adopted. On motion by Kreiman of Davis, amendment H-3417, as amended, lost. Bradley of Clinton 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. Rule 75 was invoked. On the question "Shall the bill pass?" (H.F. 394) The ayes were, 71: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Mascher May Mertz Metcalf Meyer Millage Mundie Nelson, B. Nutt O'Brien Rants Renken Running Salton Schulte Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Weidman Weigel Welter Van Maanen, Presiding The nays were, 24: Bernau Burnett Cataldo Cohoon Connors Doderer Harper Holveck Hurley Jochum Koenigs Kreiman Larkin McCoy Moreland Murphy Myers Nelson, L. Ollie Schrader Shoultz Warnstadt Wise Witt Absent or not voting, 5: Brammer Brand Dinkla Fallon Thomson 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 394 be immediately messaged to the Senate. HOUSE FILE 31 WITHDRAWN Renken of Grundy asked and received unanimous consent to withdraw House File 31 from further consideration by the House. House File 135, a bill for an act relating to obscenity, by providing for restrictions on public indecent exposure in certain establishments and by providing for the abatement of the nuisance created by certain establishments concerning obscenity, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Speaker Corbett in the chair at 7:00 p.m. Hurley of Fayette offered amendment H-3337 filed by the committee on judiciary as follows: H-3337 1 Amend House File 135 as follows: 2 1. Page 1, by inserting after line 5 the 3 following: 4 "Sec. ___. Section 728.1, Code 1995, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION. 6A. "Place of business" means the 7 premises of a business required to obtain a sales tax 8 permit pursuant to chapter 422, the premises of a 9 nonprofit or not-for-profit organization, and the 10 premises of an establishment which is open to the 11 public at large or where entrance is limited by a 12 cover charge or membership requirement. 13 Sec. ___. Section 728.4, Code 1995, is amended to 14 read as follows: 15 728.4 RENTAL OR SALE OF HARD-CORE PORNOGRAPHY. 16 A person who knowingly rents, exhibits, 17 disseminates, sells, or offers for rental or sale 18 material depicting patently offensive representations 19 of oral, anal, or vaginal intercourse, actual or 20 simulated, involving humans, or depicting patently 21 offensive representations of masturbation, excretory 22 functions, or bestiality, or lewd exhibition of the 23 genitals, which the average adult taking the material 24 as a whole in applying statewide contemporary 25 community standards would find appeals to the prurient 26 interest; and which material, taken as a whole, lacks 27 serious literary, scientific, political, or artistic 28 value, upon conviction is guilty of an aggravated 29 misdemeanor. However, second and subsequent 30 violations of this section by a person who has been 31 previously convicted of violating this section are 32 class "D" felonies. Charges under this section may 33 only be brought by a county attorney or by the 34 attorney general." 35 2. Page 1, by striking lines 9 through 11 and 36 inserting the following: 37 "A holder of a liquor license or beer permit or any38 Any owner, manager, or person who exercises direct 39 control over anylicensed premises defined in". 40 3. Page 2, by inserting after line 22 the 41 following: 42 "Sec. ___. Section 728.7, Code 1995, is amended to 43 read as follows: 44 728.7 EXEMPTIONS FOR PUBLIC LIBRARIES AND 45 EDUCATIONAL INSTITUTIONS. 46 Nothing in this chapter prohibits the use of 47appropriatenonobscene material for educational 48 purposes in any accredited school, or any public 49 library, or in any educational program in which the 50 minor is participating. Nothing in this chapter Page 2 1 prohibits the attendance of minors at an exhibition or 2 display of nonobscene art works or the use of any 3 nonobscene materials in any public library." 4 4. Page 3, by inserting after line 4 the 5 following: 6 "Sec. ___. Section 809.1, subsection 2, Code 1995, 7 is amended by adding the following new paragraph: 8 NEW PARAGRAPH. e. Any interest in, security in, 9 claim against, or property or contractual right of any 10 kind affording a source of influence over, any 11 enterprise which a person has established, operated, 12 controlled, conducted, or participated in the conduct 13 of, in violation of a criminal offense pursuant to 14 chapter 728." 15 5. By renumbering as necessary. Hurley of Fayette offered amendment H-3466, to the committee amendment H-3337, filed by him from the floor as follows: H-3466 1 Amend the amendment, H-3337, to House File 135, as 2 follows: 3 1. Page 1, by inserting after line 39 the 4 following: 5 " . Page 1, lines 12 and 13, by striking the 6 words "required to obtain a sales tax permit"." Schrader of Marion rose on a point of order that amendment H-3466 was not germane to amendment H-3337. The Speaker ruled the point well taken and amendment H-3466 not germane to amendment H-3337. Heaton of Henry offered the following amendment H-3460, to the committee amendment H-3337, filed by him and Grundberg from the floor and moved its adoption: H-3460 1 Amend the amendment, H-3337, to House File 135 as 2 follows: 3 1. By striking page 1, line 40 through page 2, 4 line 3. 5 2. By renumbering as necessary. Roll call was requested by Boddicker of Cedar and Garman of Story. Rule 75 was invoked. On the question "Shall amendment H-3460, to the committee amendment H-3337, be adopted?" (H.F. 135) The ayes were, 47: Baker Bell Bernau Boggess Burnett Cataldo Churchill Cohoon Doderer Drees Fallon Gipp Greig Gries Grundberg Hammitt Hanson Harper Harrison Heaton Holveck Houser Jacobs Jochum Koenigs Larkin Martin Mascher May McCoy Mertz Metcalf Millage Moreland Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Van Fossen Warnstadt Weigel Wise Witt The nays were, 49: Arnold Blodgett Boddicker Bradley Branstad Brauns Brunkhorst Carroll Connors Coon Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Greiner Grubbs Hahn Halvorson Hurley Huseman Klemme Kreiman Kremer Lamberti Larson Lord Main Meyer Mundie Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 4: Brammer Brand Dinkla Thomson Amendment H-3460 lost. The House resumed consideration of the committee amendment H-3337. Schrader of Marion rose on a point of order that amendment H-3337 was not germane. The Speaker ruled the point well taken and amendment H-3337 not germane. The House stood at ease at 7:52 p.m., until the fall of the gavel. The House resumed session at 8:03 p.m., Speaker Corbett in the chair. Hurley of Fayette moved to suspend the rules to consider the committee amendment H-3337. A non-record roll call was requested. The ayes were 51, nays 28. The motion prevailed and the rules were suspended Division of the committee amendment H-3337 was as follows: Lines 2 through 39, Division A. Lines 40 through 50, page 1 and lines 1 through 15, page 2; Division B. Connors of Polk rose on a point of order that amendment H-3337B was subject matter previously considered and therefore not in order. The Speaker ruled the point not well taken and the committee amendment H-3337B in order. Hurley of Fayette moved the adoption of the committee amendment H-3337A. The committee amendment H-3337A was adopted. On motion by Hurley of Fayette, the committee amendment H-3337B was withdrawn. Hurley of Fayette 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. 135) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Disney Doderer Drake Drees Eddie Ertl Fallon 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 McCoy Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Brammer Brand Dinkla Moreland Thomson 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 135 be immediately messaged to the Senate. 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 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 106, a bill for an act to provide disaster leave for certain state employees. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 178, a bill for an act relating to emergency medical services. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 179, a bill for an act relating to the maximum property tax levy for certain county hospitals. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 197, a bill for an act relating to the confidentiality of financial information provided to the department of agriculture and land stewardship and providing an effective date. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 263, a bill for an act requiring licensure of hospice programs and providing a penalty. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 337, a bill for an act relating to publishing notice of outdated unpaid state warrants. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 371, 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. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 390, a bill for an act relating to the Iowa arts and cultural enhancement and endowment program and foundation. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 437, a bill for an act relating to the entitlement to benefits and dividends under the Iowa public employees' retirement system. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 446, a bill for an act relating to the possession or use of alcohol while operating a motor vehicle by 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, excluding the revocation from application of certain motor vehicle financial responsibility requirements, providing for minimum periods of license revocation, providing a scheduled fine for possession of an open alcohol container while operating a motor vehicle, providing for the impoundment or immobilization of motor vehicles driven or owned by persons convicted of operating while intoxicated and being a second or subsequent offender, providing criminal penalties, and other related matters. Also: That the Senate has on March 27, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 459, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safety's administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshal's office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability. JOHN F. DWYER, Secretary EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Tuesday afternoon, March 21, Wednesday, March 22, and Thursday, March 23, 1995. Had I been present, I would have voted "aye" on House Files 87, 103, 125, 170, 203, 217, 238, 247, 277, 288, 289, 303, 336, 363, 420, 425, 428, 437, 460, 471, 475, 476, 477, 478, 489, 490 and Senate File 460. I would have voted "nay" on House File 362 and House Joint Resolution 19. BELL of Jasper I was necessarily absent from the House chamber on March 27, 1995. Had I been present, I would have voted "nay" on House File 394. FALLON of Polk BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 27, 1995, he approved and transmitted to the Secretary of State the following bill: Senate File 158, an act to provide conformity to the definition of travel trailers. SUBCOMMITTEE ASSIGNMENTS House File 449 Judiciary: Harrison, Chair; Kreiman and Lamberti. House File 450 Judiciary: Harrison, Chair; Kreiman and Lamberti. House File 458 Judiciary: Harrison, Chair; Lamberti and Moreland. House File 469 Judiciary: Boddicker, Chair; Doderer and Millage. Senate File 152 Reassigned State Government: Coon, Chair; Martin and Witt. Senate File 213 Transportation: Salton, Chair; Ollie and Weidman Senate File 424 State Government: Gipp, Chair; Jacobs, Jochum, Larkin and Martin. Senate Concurrent Resolution 23 State Government: Coon, Chair; Thomson and Witt. Senate Concurrent Resolution 24 State Government: Martin, Chair; Churchill and Witt. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 321 Reassigned Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and Shoultz. 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 APPROPRIATIONS Senate File 266, a bill for an act relating to the funding of, operation of, and appropriation of moneys to agencies, institutions, commissions, departments, and boards responsible for education and cultural programs of this state, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3498 March 23, 1995. AMENDMENTS FILED H-3459 H.F. 528 Witt of Black Hawk H-3461 H.F. 84 Ollie of Clinton H-3462 H.F. 522 Harper of Black Hawk H-3463 H.F. 522 Harper of Black Hawk H-3464 H.F. 522 Harper of Black Hawk H-3465 H.F. 522 Harper of Black Hawk H-3467 H.F. 166 Weigel of Chickasaw H-3468 H.F. 522 Schulte of Linn Witt of Black Hawk Carroll of Poweshiek H-3469 H.F. 502 Boddicker of Cedar Hurley of Fayette Carroll of Poweshiek H-3470 H.F. 530 Weigel of Chickasaw H-3471 H.F. 166 Koenigs of Mitchell H-3472 H.F. 166 Koenigs of Mitchell H-3473 H.F. 166 Koenigs of Mitchell H-3474 H.F. 528 Ollie of Clinton H-3475 H.F. 528 Holveck of Polk H-3476 H.F. 509 Myers of Johnson H-3477 H.F. 509 Myers of Johnson H-3478 H.F. 166 Weigel of Chickasaw H-3479 H.F. 528 Kreiman of Davis H-3480 H.F. 528 Kreiman of Davis H-3481 H.F. 528 Kreiman of Davis Holveck of Polk H-3482 H.F. 528 Lamberti of Polk H-3483 H.F. 528 Doderer of Johnson H-3484 H.F. 534 Harper of Black Hawk H-3485 H.F. 34 Shoultz of Black Hawk H-3486 H.F. 166 Shoultz of Black Hawk H-3487 H.F. 166 Shoultz of Black Hawk H-3488 H.F. 166 Shoultz of Black Hawk H-3489 H.F. 519 Shoultz of Black Hawk H-3490 H.F. 535 Ollie of Clinton H-3491 H.F. 535 Ollie of Clinton H-3493 H.F. 528 Kreiman of Davis H-3494 H.F. 528 Kreiman of Davis H-3495 H.F. 528 Kreiman of Davis H-3496 H.F. 528 Kreiman of Davis H-3497 H.F. 545 Weigel of Chickasaw H-3498 S.F. 266 Committee on Appropriations H-3499 H.F. 530 Kremer of Buchanan H-3500 H.F. 528 Kreiman of Davis H-3501 H.F. 528 Kreiman of Davis H-3502 S.F. 150 Jochum of Dubuque Burnett of Story H-3503 H.F. 521 Meyer of Sac H-3504 H.F. 115 Boddicker of Cedar Arnold of Lucas H-3505 H.F. 166 Holveck of Polk H-3506 H.F. 166 Weigel of Chickasaw H-3507 H.F. 166 Holveck of Polk H-3508 H.F. 166 Holveck of Polk H-3509 H.F. 166 Moreland of Wapello H-3510 H.F. 166 Weigel of Chickasaw H-3511 H.F. 166 Bernau of Story H-3512 H.F. 502 Fallon of Polk H-3513 H.F. 535 Ollie of Clinton H-3514 S.F. 320 Holveck of Polk H-3515 S.F. 320 Holveck of Polk H-3516 H.F. 535 Grubbs of Scott Wise of Lee H-3517 H.F. 535 Wise of Lee H-3518 H.F. 535 Grubbs of Scott H-3519 H.F. 535 Harrison of Scott On motion by Siegrist of Pottawattamie, the House adjourned at 8:22 p.m., until 8:45 a.m., Tuesday, March 28, 1995. Correction to Journal of March 23, 1995 Page 972, RULE 31.8 SUSPENDED, the date should read March 27, 1995.
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Index: House Journal (76th General Assembly: Session 1)
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