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House Journal: Thursday, March 30, 1995

Eighty-first Calendar Day - Fifty-fifth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 30, 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 John E. Hulsizer, The Church of
the Nazarene, Dubuque.
The Journal of Wednesday, March 29, 1995 was approved.
INTRODUCTION OF BILLS
House File 548, by committee on ways and means, a bill for an
act relating to the definition of business income for purposes
of the state corporate income tax and providing effective and
applicability date provisions.
Read first time and placed on the ways and means calendar.
House File 549,  by committee on ways and means, a bill for an
act relating to the collection of taxes and debts owed to or
collected by the state, including the renewal of registrations,
the publication of information pertaining to certain taxes and
debts, providing for an administrative levy to seize certain
accounts of a debtor, the denial, revocation, suspension, or
renewal of licenses authorized by the state, redistributing
collected amounts, creating a driver's license indebtedness
clearance pilot project, and other related matters, and
providing an effective date.
Read first time and placed on the ways and means calendar.
SENATE MESSAGES CONSIDERED
Senate File 10, by Kibbie, a bill for an act relating to the
appointment and senate confirmation of the executive director of
the office of the state board of regents and providing an
effective date.
Read first time and referred to committee on state government.
Senate File 79, by Bartz, a bill for an act relating to the
transfer of dogs to educational and scientific institutions by
pounds.
Read first time and referred to committee on agriculture.
Senate File 83, by committee on education, a bill for an act
extending for an additional budget year the regular program
district cost
guarantee for school districts and increasing the amount of that
guarantee and providing an effective date.
Read first time and referred to committee on education.
Senate File 255, by committee on agriculture, 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.
Read first time and passed on file.
Senate File 292, by committee on natural resources,
environment and energy, a bill for an act relating to the powers
and duties of the department of natural resources by authorizing
the use of certain revenue to repay loans related to sewage
collection and treatment plants in state parks and recreation
areas.
Read first time and referred to committee on natural resources.
Senate File 333, by committee on agriculture, a bill for an act
relating to notice requirements required for work involving
drainage and levee districts and water districts.
Read first time and passed on file.
Senate File 388, by committee on education, a bill for an
act relating to child development assistance.
Read first time and referred to committee on education.
Senate File 389, by committee on education, a bill for an
act providing for technology for classrooms for the twenty-
first century.
Read first time and referred to committee on education.
Senate File 400, by committee on commerce, a bill for an act
providing for the reincorporation of nonprofit corporations and
providing for retroactive applicability and effective dates.
Read first time and passed on file.
Senate File 402, by committee on agriculture, a bill for an
act relating to brands registered by the department of
agriculture and land stewardship and providing for penalties.
Read first time and referred to committee on agriculture.
Senate File 406, by committee on education, a bill for an
act extending the periods in which an school or school district
may apply to the department of education to waive the
requirement that the school
or school district provide an articulated sequential
elementary-secondary guidance program and the requirement that
the school or school district provide a media services program.
Read first time and passed on file.
Senate File 407, by committee on natural resources,
environment and energy, a bill for an act relating to alkaline
manganese batteries.
Read first time and referred to committee on natural resources.
Senate File 420, by committee on education, a bill for an
act relating to the establishment of a career pathways program
to encourage career pathways program efforts by local consortia.
Read first time and referred to committee on education.
Senate File 431, by committee on human resources, a bill for
an act relating to child support collection, including
alternative measures for payment of costs for nonpublic
assistance services, the establishment of the amount of child
support required by certain parents who are nineteen years of
age or younger, payment of a child support obligation under a
modified order, provisions relating to the suspension,
revocation, nonissuance, and nonrenewal of certain licenses for
failure to pay support, and implementation provisions.
Read first time and referred to committee on human resources.
Senate File 433, by committee on human resources, a bill for an
act relating to the family investment program and related human
services programs by requiring the department of human services
to apply for a federal waiver regarding limited benefit plans
and providing applicability provisions.
Read first time and referred to committee on human resources.
Senate File 440, by committee on judiciary, a bill for an act
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.
Read first time and passed on file.
Senate File 447, by committee on natural resources,
environment and energy, a bill for an act relating to erosion
occurring on the site of construction projects by providing
civil penalties for violations.
Read first time and referred to committee on natural resources.
Senate File 462, by committee on appropriations, a bill for
an act relating to appropriations for the department of human
services and the prevention of disabilities policy council and
including other provisions and appropriations involving human
services and health care and providing for effective and
applicability dates.
Read first time and referred to committee on appropriations.

On motion by Siegrist of Pottawattamie the House was recessed at
8:59 a.m., until 10:00 a.m.
The House reconvened at 10:00 a.m., Speaker Corbett in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Disney of Polk on request of Siegrist of Pottawattamie.
 CONSIDERATION OF BILLS
Regular Calendar
House File 393, a bill for an act relating to certain exemptions
from federal motor carrier safety regulations, was taken up for
consideration.
Heaton of Henry 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. 393)
The ayes were, 94:
Arnold         	Bell           	Bernau         	Blodgett 
Boddicker      	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Burnett        	Carroll
Cataldo        	Churchill      	Cohoon         	Coon
Cormack        	Cornelius      	Daggett        	Dinkla
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        	Moreland       	Mundie
Murphy         	Myers          	Nelson, B.      	Nelson, L.
Nutt           	O'Brien        	Ollie          	Rants
Renken         	Running        	Salton         	Schrader
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Thomson        	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, 6:
Baker          	Brammer        	Brunkhorst     	Connors
Disney         	Doderer        	
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 393 be immediately messaged to the Senate.
RULE 25 SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend Rule 25 for the immediate consideration of House
Concurrent Resolution 36.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 36
Weigel of Chickasaw asked and received unanimous consent for the
immediate consideration of House Concurrent Resolution 36, a
concurrent resolution urging the release of two United States
citizens, including one Iowan, from confinement in Iraq, and
moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 36 be immediately messaged to
the Senate.
Regular Calendar
House File 515, a bill for an act relating to the relationship
between a licensed real estate salesperson or broker and the
parties to a transaction and providing an effective date, was
taken up for consideration
Holveck of Polk offered the following amendment H-3624 filed by
him and Jacobs and moved its adoption:
H-3624
 1     Amend House File 515 as follows:
 2     1.  Page 3, line 23, by inserting after the word
 3   "inspection" the following:  ", and which would be
 4   discovered by a reasonably prudent person under like
 5   or similar circumstances".
 6     2.  Page 3, by inserting after line 25 the
 7   following:
 8     "(4)  Material adverse facts that are known to a
 9   person who conducts an inspection on behalf of the
10   party."
Amendment H-3624 was adopted.

Holveck of Polk offered the following amendment H-3625 filed by
him and moved its adoption:
H-3625
 1     Amend House File 515 as follows:
 2     1.  Page 6, by striking lines 1 through 27.
 3     2.  By renumbering as necessary.
Amendment H-3625 lost.
Holveck of Polk asked and received unanimous consent to withdraw
amendment H-3626 filed by him on March 29, 1995.
Jacobs of Polk 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. 515)
The ayes were, 90:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Doderer        	Drake
Drees          	Ertl           	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harrison       	Heaton         	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May 
McCoy          	Mertz          	Metcalf        	Millage
Moreland       	Mundie         	Murphy         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien 
Ollie          	Rants          	Renken         	Running
Salton         	Schrader       	Schulte        	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen 
Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Mr. Speaker
	  Corbett
The nays were, 3:
Fallon         	Harper         	Holveck        	
Absent or not voting, 7:
Brammer        	Brunkhorst     	Disney         	Eddie
Meyer          	Shoultz        	Siegrist       	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 515 be immediately messaged to the Senate.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Baker of Polk, until his return, on request of Schrader of
Marion.
Unfinished Business Calendar
The House resumed consideration of House File 535, a bill for an
act relating to a reduction in aid to a recipient of the family
investment program for continued truancy by a recipient's child
and establishing a penalty for providing aid, support, or
shelter to a runaway or truant, and providing a conditional
effectiveness provision, previously deferred and placed on the
unfinished business calendar.
Ollie of Clinton asked and received unanimous consent to
withdraw the following amendments filed by him:
H-3490 filed on March 27, 1995.
H-3491 filed on March 27, 1995, placing out of order amendment
H-3527, to amendment H-3491, filed on March 28, 1995.
Ollie of Clinton offered the following amendment H-3513 filed by
him and moved its adoption:
H-3513
 1     Amend House File 535 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Sec. 1001.  Section 232.2, subsection 12, Code
 5   1995, is amended by adding the following new
 6   paragraph:
 7     NEW PARAGRAPH.  c.  The violation of the statutory
 8   compulsory attendance age requirement or the
 9   attendance policy of a public or an accredited
10   nonpublic school with at least one unexcused absence
11   during a semester which results in the child being
12   deemed a truant pursuant to section 299.8."
13     2.  Page 3, line 19, by striking the word and
14   figure "Section 1" and inserting the following:
15   "Sections 1001 and 1".
16     3.  By renumbering as necessary.
Amendment H-3513 lost.
Wise of Lee offered the following amendment H-3517 filed by him
and moved its adoption:
H-3517
 1     Amend House File 535 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 1002.  Section 232.2, subsection 12, Code
 5   1995, is amended by adding the following new
 6   paragraph:
 7     NEW PARAGRAPH.  c.  If a child has reached the age
 8   of twelve and is under the age of sixteen, the
 9   violation of statutory compulsory attendance age
10   requirement or the attendance policy of a public or an
11   accredited nonpublic school during a semester which
12   results in the child being deemed a truant pursuant to
13   section 299.8."
14     2.  Page 3, line 19, by striking the word and
15   figure "Section 1" and inserting the following:
16   "Section 1002 and 1".
17     3.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 28, nays 47.
Amendment H-3517 lost.
Grubbs of Scott offered amendment H-3518 filed by him as follows:
H-3518
 1     Amend House File 535 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 101.  Section 232.2, subsection 12, Code
 5   1995, is amended by adding the following new
 6   paragraph:
 7     NEW PARAGRAPH.  c.  If a child has reached the age
 8   of twelve and is under the age of sixteen, the
 9   violation of the statutory compulsory attendance age
10   requirement or the attendance policy of a public or an
11   accredited nonpublic school with at least six
12   unexcused absences during a semester which results in
13   the child being deemed a truant pursuant to section
14   299.8.  However, this provision shall not apply to a
15   child attending a nonaccredited nonpublic school or
16   receiving competent private instruction.
17     Sec. 102.  NEW SECTION.  232.52B  DISPOSITION OF
18   DELINQUENT TRUANTS.
19     Notwithstanding section 232.52, if the evidence
20   received at an adjudicatory or dispositional hearing
21   indicates that the child is a delinquent truant as
22   provided under section 232.2, subsection 12, paragraph
23   "c", the court shall order the child to perform unpaid
24   community service at a nonprofit organization exempt
25   from federal income taxation under section 501(c)(3)
26   of the Internal Revenue Code.  If the child fails to
27   perform the unpaid community service as ordered under
28   this section, the court may modify the order to
29   include any of the dispositional alternatives in
30   section 232.52, with the exception of secure custody."
31     2.  Page 1, line 5, by striking the words
32   "custodian of the truant" and inserting the following:
33   "custodian of the truancy,".
34     3.  Page 1, line 16, by striking the words ", and
35   shall" and inserting the following:  ".  If the
child
36   is under the age of twelve, the county attorney shall
37   also".
38     4.  Page 1, line 20, by striking the figure "239."
39   and inserting the following:  "239."
40     5.  Page 3, by inserting before line 11 the
41   following:
42     "However, the provisions of this section shall not
43   apply if a parent, guardian, or legal or actual
44   custodian of a child who is truant has made reasonable
45   efforts to comply with the provisions of sections
46   299.1 through 299.5, but is unable to cause the child
47   to attend school and files with the department an
48   affidavit listing the reasonable efforts made by the
49   parent, guardian, or legal or actual custodian to
50   cause the child's attendance."

Page 2  

 1     6.  Page 3, by striking lines 16 through 18 and
 2   inserting the following:  "section, the department
 3   shall prepare and submit to the legislative service
4   bureau a proposed legislative bill, in accordance with
 5   the provisions of section 2.16, that provides for
 6   statutory reference to the provisions granted by the
 7   federal government under the waiver."
 8     7.  Page 3, line 19, by striking the word and
 9   figure "Section 1" and inserting the following:
10   "Sections 101, 102, and 1".
11     8.  Title page, line 3, by striking the word "and"
12   and inserting the following:  ", defining truancy as a
13   delinquent act in certain cases and providing a
14   penalty,".
15     9.  By renumbering as necessary.
Harrison of Scott offered the following amendment H-3605, to
amendment H-3518, filed by him and moved its adoption:
H-3605
 1     Amend the amendment, H-3518, to House File 535 as
 2   follows:
 3     1.  Page 1, by striking lines 7 through 16 and
 4   inserting the following:
 5     "NEW PARAGRAPH.  c.  The violation of the statutory
 6   compulsory attendance age requirement or the
 7   attendance policy of a public or an accredited
 8   nonpublic school by a child who has reached the age of
 9   twelve and is under the age of sixteen and who has run
10   away from home to avoid attending school or is
11   refusing to attend school, or who has been deemed
12   truant under section 299.8 six or more school days in
13   one semester, where the child's parent, guardian, or
14   legal or actual custodian and the school in which the
15   child is enrolled have made every reasonable effort to
16   cause the child to attend school.  This provision
17   shall not apply to a child attending a nonaccredited
18   nonpublic school or receiving competent private
19   instruction."
Amendment H-3605 was adopted.
Wise of Lee offered the following amendment H-3528, to amendment
H-3518, filed by him and Grubbs and moved its adoption:
H-3528
 1     Amend the amendment, H-3518, to House File 535 as
 2   follows:
 3     1.  Page 1, by inserting after line 39 the
 4   following:
 5     "   .  Page 1, line 22, by inserting after the
 6   word "If" the following:  "the child is under the
age
 7   of twelve and"."
 8        .  Page 2, line 34, by inserting after the word
 9   "child" the following:  "who is under the age of
10   twelve and"."
11     2.  By renumbering as necessary.
Amendment H-3528 was adopted.
On motion by Grubbs of Scott, amendment H-3518, as amended, was
adopted.
Harrison of Scott asked and received unanimous consent to
withdraw amendment H-3519 filed by him on March 27, 1995.
Harrison of Scott asked and received unanimous consent to defer
action on amendment H-3623.
Ollie of Clinton offered the following amendment H-3639 filed by
him and moved its adoption:
H-3639
 1     Amend House File 535 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 1.  Section 256.9, Code 1995, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  49.  Develop and implement a model
 7   parenting program for the parents, guardians, or legal
 8   or actual custodians of children deemed to be truant
 9   under section 299.8.  The model program shall provide
10   information to parents to assist and support them in
11   their parenting roles and shall include activities and
12   materials designed to encourage and enhance parenting
13   skills and foster an appreciation of the benefits of
14   education."
15     2.  Page 1, by inserting after line 28 the
16   following:
17     "Sec. ___.  Section 299.5A, unnumbered paragraph 2,
18   Code 1995, is amended to read as follows:
19     If the matter is referred for mediation, the county
20   attorney shall cause a notice of the referral to be
21   sent to the parent, guardian, or legal or actual
22   custodian and designate a person to serve as mediator
23   in the matter.  If mediation services are available in
24   the community, those services may be used as the
25   designated mediation service.  If mediation services
26   are not available in the community, mediation shall be
27   provided by the county attorney or the county
28   attorney's designee.  The mediator shall contact the
29   school, the parent, guardian, or legal or actual
30   custodian, and any other person the mediator deems
31   appropriate in the matter and arrange meeting dates
32   and times for discussion of the child's nonattendance.
33   The mediator shall attempt to ascertain the cause of
34   the child's nonattendance, attempt to cause the
35   parties to arrive at an agreement relative to the
36   child's attendance, and initiate referrals to any
37   agencies or counseling that the mediator believes to
38   be appropriate under the circumstances.  The mediation
39   agreement may include a provision whereby the child's
40   parent, guardian, or legal or actual custodian agrees
41   to attend and successfully complete a parenting skills
42   class offered by the school district or school under
43   section 299.14."
44     3.  Page 1, line 35, by inserting after the
45   numbers "299.5" the following:  ", or section 299.14".
46     4.  Page 2, by inserting after line 4 the
47   following:
48     "Sec. ___.  NEW SECTION.  299.14  PARENTING SKILLS
49   PROGRAM.
50     1.  The board of directors of a public school

Page 2  

 1   district and the authorities in charge of an
 2   accredited nonpublic school shall offer and make
 3   available to parents, guardians, or legal or actual
 4   custodians of children deemed truant under section
 5   299.8, a parenting skills program.  The class shall be
 6   based upon a model program developed by the department
 7   of education under section 256.9, subsection 49.
 8     2.  The juvenile court or the district court,
 9   pursuant to a conviction under section 299.6, may
10   order the parent, guardian, or legal or actual
11   custodian of a child to attend and successfully
12   complete the parenting skills class offered by the
13   school district or school, and shall provide the
14   school district or school with a copy of the order.  A
15   mediation agreement may include a provision whereby
16   the parent, guardian, or legal or actual custodian of
17   a child agrees to attend and successfully complete the
18   parenting skills class offered by the school district
19   or school, pursuant to section 299.5A.
20     3.  The parent, guardian, or legal or actual
21   custodian shall notify the clerk of court of the
22   parent's, guardian's, or legal or actual custodian's
23   successful completion of the parenting skills class.
24   The school district or school conducting the class
25   shall notify the county attorney if the parent,
26   guardian, or legal or actual custodian fails to
27   successfully complete a parenting skills class
28   required by order of the court or the county attorney.
29   If a parent, guardian, or legal or actual custodian
30   refuses to attend and successfully complete a
31   parenting skills class as provided in a mediation
32   agreement, the matter shall be referred to the county
33   attorney for prosecution under section 299.6."
34     5.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 25, nays 50.
Amendment H-3639 lost.

Grubbs of Scott offered amendment H-3516 filed by him and Wise
as follows:
H-3516
 1     Amend House File 535 as follows:
 2     1.  Page 1, line 1, by inserting after the word
 3   and figure "paragraphs 1" the following:  ", 4,".
 4     2.  Page 1, line 16, by striking the words "or
 5   prosecution" and inserting the following:  "or,
 6   prosecution, or the filing of a petition under section
 7   299.6A".
 8     3.  Page 1, by inserting after line 20 the
 9   following:
10     "The school district shall be responsible for
11   monitoring any agreements arrived at through
12   mediation.  If a parent, guardian, or legal or actual
13   custodian refuses to engage in mediation or violates a
14   term of the agreement, the matter shall be rereferred
15   to the county attorney for prosecution under section
16   299.6 or the filing of a petition under section
17   299.6A.  The county attorney's office or the mediation
18   service shall require the parent, guardian, or legal
19   or actual custodian and the school to pay a fee to
20   help defray the administrative cost of mediation
21   services.  The county attorney's office or the
22   mediation service shall establish a sliding scale of
23   fees to be charged parents, guardians, and legal or
24   actual custodians based upon ability to pay.  A
25   parent, guardian, or legal or actual custodian shall
26   not be denied the services of a mediator solely
27   because of inability to pay the fee."
28     4.  Page 2, by inserting after line 4 the
29   following:
30     "Sec. ___.  NEW SECTION.  299.6A  CIVIL PENALTY --
31   DISTRIBUTION OF FUNDS.
32     1.  In lieu of proceeding under section 299.6, a
33   county attorney may bring a civil action against a
34   parent, guardian, or legal or actual custodian of a
35   child who is of compulsory attendance age, if the
36   child is under the age of twelve and is truant, if the
37   parent, guardian, or legal or actual custodian has
38   failed to cause the child to attend a public school,
39   an accredited nonpublic school, or competent private
40   instruction in the manner provided in this chapter.
41   If the court finds that the parent, guardian, or legal
42   or actual custodian has failed to cause the child to
43   attend as required in this section, the court shall
44   assess a civil penalty of not less than one hundred
45   but not more than one thousand dollars, for each
46   violation established.
47     2.  From the funds received from civil penalties
48   assessed pursuant to this section, one-half shall be
49   paid to the office of the county attorney which
50   brought the action and one-half shall be paid to the

Page 2  

 1   school district in which the child resides.  Funds
 2   received by a school district under this section are
 3   miscellaneous income for purposes of chapter 257."
 4     5.  Page 3, by striking lines 7 through 10 and in-
 5   serting the following:  "The sanction shall be to
 6   reduce the amount of the grant paid to the child's
 7   family under the family investment program by reducing
 8   by one the family size used to compute the grant
 9   amount.  The sanction shall continue until the truancy
10   matter is resolved."
11     6.  Title page, line 4, by inserting after the
12   word "providing" the following:  "for a civil penalty
13   for truancy, and".
14     7.  By renumbering as necessary.
Wise of Lee offered the following amendment H-3573, to amendment
H-3516, filed by him and moved its adoption:
H-3573
 1     Amend the amendment, H-3516, to House File 535 as
 2   follows:
 3     1.  By striking page 1, line 47 through page 2,
 4   line 3 and inserting the following:
 5     "2.  Funds received from civil penalties assessed
 6   pursuant to this section shall be paid to the office
 7   of the county attorney that brought the action.""
Amendment H-3573 was adopted.
Speaker pro tempore Van Maanen of Marion in the chair at 11:46
a.m.
On motion by Grubbs of Scott, amendment H-3516, as amended, was
adopted.
Harrison of Scott offered the following amendment H-3623,
previously deferred,  filed by him and moved its adoption:
H-3623
 1     Amend House File 535 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 1.  Section 92.19, unnumbered paragraphs
 5   2, 3, and 4, Code 1995, are amended to read as
 6   follows:
 7     No person shall willfully make, certify to, or
 8   cause to be made or certified any statement,
 9   certificate, or other paper for the purpose of
10   procuring the employment of any person in violation of
11   this chapter or section 299.12.
12     No person shall make, file, execute, or deliver any
13   statement, certificate, or other paper containing
14   false statements for the purpose of procuring
15   employment of any person in violation of this chapter
16   or section 299.12.
17     No person, firm, or corporation, or any agent
18   thereof shall willfully conceal or permit a person to
19   be employed in violation of this chapter or section
20   299.12.
21     Sec. 2.  Section 232.2, subsection 6, Code 1995, is
22   amended by adding the following new paragraph:
23     NEW PARAGRAPH.  p.  Who is under the age of twelve
24   and is deemed truant under section 299.8.  However,
25   this provision shall not apply to a child attending a
26   nonaccredited nonpublic school or receiving competent
27   private instruction."
28     2.  Page 1, line 34, by inserting after the figure
29   "299.5," the following:  "who employs a child in
30   violation of section 299.12,".
31     3.  Page 2, by inserting after line 4 the
32   following:
33     "Sec. ___.  Section 299.8, Code 1995, is amended to
34   read as follows:
35     299.8  "TRUANT" DEFINED.
36     Any child of compulsory attendance age who fails to
37   attend school as provided in this chapter, or as
38   required by the school board's or school governing
39   body's attendance policy, or who fails to attend
40   competent private instruction under chapter 299A,
41   without reasonable excuse for the absence, shall be
42   deemed to be a truant.  A finding that a child age
43   twelve or older is truant, however, shall not by
44   itself mean that the child is a child in need of
45   assistance within the meaning of chapter 232 and shall
46   not be the sole basis for a child in need of
47   assistance petition.  A child under the age of twelve
48   deemed truant is a child in need of assistance as
49   provided in section 232.2, subsection 6.  However, the
50   department of human services shall not make an out-of-

Page 2  

 1   home placement under this section until all available
 2   alternatives are exhausted.
 3     Sec. ___.  NEW SECTION.  299.12  EMPLOYMENT OF
 4   TRUANT DURING SCHOOL DAY PROHIBITED.
 5     A person having custody or control of a child of
 6   compulsory school age shall not knowingly employ the
 7   child or allow the child to be employed, with or
 8   without consideration, during the hours of the school
 9   day in which the child is required to attend school as
10   provided in this chapter."
11     4.  Page 2, by striking line 22 and inserting the
12   following:  "or actual custodian, or other responsible
13   adult relative shall not harbor a runaway child.  A
14   person or a charitable organization providing shelter
15   care services to at-risk children is exempt from this
16   provision.  A".
17     5.  Title page, line 3, by inserting after the
18   word "child" the following:  ", the employment of a
19   truant, making truancy by a child under the age of
20   twelve a basis for a child in need of assistance
21   petition,".
Amendment H-3623 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. 535)
The ayes were, 75:
Arnold         	Blodgett       	Boddicker      	Boggess
Bradley        	Branstad       	Brauns         	Brunkhorst
Carroll        	Cataldo        	Churchill      	Coon 
Corbett, Spkr.	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Drake          	Drees
Eddie          	Ertl	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs 
Grundberg      	Hahn           	Halvorson      	Hammitt 
Hanson         	Harrison       	Heaton         	Houser
Hurley         	Huseman        	Jacobs         	Klemme
Koenigs        	Kremer         	Lamberti       	Larkin
Larson 	Lord           	Main           	Martin
May            	McCoy          	Mertz          	Metcalf 
Meyer          	Millage        	Mundie         	Nelson, B.
Nutt           	O'Brien        	Rants          	Renken
Salton         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman 
Welter         	Wise 	Van Maanen 
		   Presiding
The nays were, 23:
Bell           	Bernau         	Brand          	Burnett 
Cohoon         	Connors        	Doderer        	Fallon
Harper         	Holveck        	Jochum         	Kreiman 
Mascher        	Moreland       	Murphy         	Myers 
Nelson, L.       	Ollie          	Running        	Schrader 
Shoultz        	Weigel 	Witt 
Absent or not voting, 2:
Baker          	Brammer 
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 535 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 30, 1995, passed the following bills in
which the concurrence of the House is asked:
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 30, 1995, passed the following bill in
which the concurrence of the House is asked:
Senate File 73, a bill for an act requiring licensure of certain
social workers, providing an effective date, imposing fees, and
making penalties applicable.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 164, a bill for an act relating to the meetings of
the commission on the status of African-Americans.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 394, a bill for an act relating to instruments filed
or recorded with the county recorder.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 410, a bill for an act relating to health care and
health care coverage by establishing a health education and
advocacy program, and providing for the Act's conditional
effectiveness.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 427, a bill for an act relating to authorizing the
payment of salaries to senior judges, providing for a maximum
retirement annuity amount paid to senior judges, affecting
senior judge retirement benefits, the appointment of judges to
senior judge status, and providing effective and applicability
dates.
JOHN F. DWYER, Secretary
On  motion by Siegrist of Pottawattamie the House was recessed
at 1:20 p.m., until 2:15 p.m.
AFTERNOON SESSION
The House reconvened at  2:15 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed sixty members present, forty
absent.
SENATE AMENDMENT CONSIDERED
Millage of Scott called up for consideration House File 132, a
bill for an act making supplemental appropriations for the
fiscal year beginning July 1, 1994, and providing an effective
date, amended by the Senate amendment H-3603 as follows:
H-3603
 1     Amend House File 132, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Sec. ___.  DEPARTMENT OF HUMAN SERVICES --
 6   ADOPTION SERVICES.  The department of human services
 7   shall as expeditiously as possible increase the
 8   quantity of services provided for the permanent
 9   placement of children for whom parental rights have
10   been terminated and who are under the guardianship of
11   the department.  The department shall utilize $306,082
12   of the moneys appropriated to the department for child
13   and family services in 1994 Iowa Acts, chapter 1186,
14   section 10, for the services increase and for other
15   actions to address the permanent placement of children
16   under the department's guardianship, including
17   adoption activities and implementation of related
18   recommendations made by the committee on foster care
19   chaired by the lieutenant governor.  The efforts to
20   increase services shall result in the employment of
21   8.5 FTEs for adoption services.  The department's
22   authorized number of full-time equivalent positions is
23   increased by the number of additional full-time
24   equivalent positions authorized by this section.  The
25   department of human services, department of personnel,
26   and the department of management shall take all
27   necessary actions to expedite the employment of
28   persons in full-time equivalent positions authorized
29   by this section.  Moneys allocated by this section
30   which remain unobligated or unexpended at the close of
31   the fiscal year shall not revert to the general fund
32   of the state but shall remain available to be used in
33   addition to other funding provided for the same
34   purposes in the succeeding fiscal year.  The
35   performance measure for implementing the provisions of
36   this section is a reduction of 205 children in the
37   backlog of children waiting for permanent placement.
38     Sec. ___.  DEPARTMENT OF HUMAN SERVICES --
39   REHABILITATIVE TREATMENT PROGRAM FOR CHILDREN.
40     1.  The department of human services shall adopt
41   rules applicable to agencies providing services under
42   the department's rehabilitative treatment program for
43   children and their families.  The rules shall modify
44   the service utilization reimbursement rates under the
45   program to include the time a child is away from the
46   agency for good cause, to eliminate reimbursement rate
47   limits on service components which are within a
48   category of cost which itself has a reimbursement rate
49   limit, and to adjust rates prospectively for
50   inflation.  Notwithstanding section 8.33, up to

Page 2  

 1   $1,700,000 of moneys appropriated pursuant to 1994
 2   Iowa Acts, chapter 1186, section 10, which remain
 3   unobligated or unencumbered at the close of the fiscal
 4   year ending June 30, 1995, shall not revert to the
 5   general fund of the state but shall remain available
 6   in the succeeding fiscal year and used to adjust rates
 7   in accordance with the rules required by this section.
 8     2.  The department of human services shall adopt
 9   emergency rules under section 17A.4, subsection 2, and
10   section 17A.5, subsection 2, paragraph "b", to
11   implement the provisions of this section on or before
12   July 1, 1995, and the rules shall be effective
13   immediately upon filing unless a later date is
14   specified in the rules.  Any rules adopted in
15   accordance with this section shall also be published
16   as a notice of intended action as provided in section
17   17A.4."
18     2.  Page 1, by inserting after line 10 the
19   following:
20     "Sec. ___.  CAPITOL BUILDING.  There is
21   appropriated from the general fund of the state to the
22   department of general services for the fiscal year
23   beginning July 1, 1994, and ending June 30, 1995, the
24   following amounts, or so much thereof as is necessary,
25   to be used for the purposes designated:
26     1.  For capitol building restoration, including
27   installation of stone on the state capitol building:
28   		$    250,000
29     2.  For costs associated with installation of a
30   sprinkler system in the state capitol building:
31   		$    200,000
32     Notwithstanding section 8.33, moneys appropriated
33   in this section which remain unexpended or unobligated
34   at the close of the fiscal year shall not revert to
35   the general fund of the state but shall remain
36   available for expenditure for the designated purposes
37   in the succeeding fiscal year."
38     3.  Page 1, by inserting after line 20 the
39   following:
40     "Sec. ___.  JUDICIAL DEPARTMENT -- IOWA COURT
41   INFORMATION SYSTEM.  There is appropriated from the
42   general fund of the state to the judicial department
43   for the fiscal year beginning July 1, 1994, and ending
44   June 30, 1995, to supplement the appropriation made in
45   1994 Iowa Acts, chapter 1196, section 7, the following
46   amount, or so much thereof as is necessary, to be used
47   for the purpose designated:
48     For completion of the Iowa court information
49   system:
50   		$  4,000,000

Page 3

 1     Notwithstanding section 8.33, moneys appropriated
 2   in this section which remain unencumbered or
 3   unobligated at the close of the fiscal year shall not
 4   revert to the general fund of the state but shall
 5   remain available for the purpose designated in the
 6   succeeding fiscal year.
 7     Sec. ___.  DEPARTMENT OF GENERAL SERVICES --
 8   TERRACE HILL.  There is appropriated from the general
 9   fund of the state to the department of general
10   services for the fiscal year beginning July 1, 1994,
11   and ending June 30, 1995, the following amount, or so
12   much thereof as is necessary, to be used for the
13   purpose designated:
14     For installation of fire safety equipment and
15   devices at Terrace Hill:
16   		$     36,451
17     Notwithstanding section 8.33, moneys appropriated
18   in this section which remain unencumbered or
19   unobligated at the close of the fiscal year shall not
20   revert to the general fund of the state but shall
21   remain available for the purpose designated in the
22   succeeding fiscal year."
23     4.  Page 1, by striking lines 21 through 33.
24     5.  Page 2, by inserting after line 8 the
25   following:
26     "The director of the department of economic
27   development shall develop a proposed decision-making
28   process for managing the community economic betterment
29   program so that moneys available to the program for a
30   fiscal year are sufficient for the entire fiscal year
31   and a supplemental appropriation for the program is
32   not requested.  The director shall submit the proposed
33   decision-making process to the general assembly and
34   the economic development board on or before January
35   15, 1996.
36     Sec. ___.  DEPARTMENT OF CORRECTIONS --
37   CORRECTIONAL FACILITY.  The department of corrections
38   shall construct a 750-bed medium security correctional
39   facility for men on state-owned land.  In reviewing
40   the merits of proposals to construct the facility, the
41   department of corrections shall consider the speed of
42   project completion as its top criteria in selecting
43   the site of the facility.  Bonds shall be issued under
44   the provisions of sections 16.177 and 602.8108A to
45   finance the construction of the facility.  The cost of
46   constructing the facility, exclusive of financing
47   costs, shall not exceed $36,000,000.
48     Sec. ___.  SUBSTANCE ABUSE MANAGED CARE SYSTEM.
49   For the fiscal year beginning July 1, 1994, and
50   succeeding fiscal years, if the Iowa department of

Page 4

 1   public health, division of substance abuse, implements
 2   an integrated managed care system for substance abuse,
 3   the system shall use outcome measures and shall be
 4   developed to promote competition among providers and,
 5   if possible, provide a preference to Iowa providers.
 6   The managed care system shall allow substance abuse
 7   providers to participate in regional provider networks
 8   and the division shall encourage providers to develop
 9   creative approaches to substance abuse services.
10     Sec. ___.  Section 16.177, subsection 10, Code
11   1995, is amended by striking the subsection.
12     Sec. ___.  Section 602.8108A, subsection 1, is
13   amended to read as follows:
14     1.  The Iowa prison infrastructure fund is created
15   and established as a separate and distinct fund in the
16   state treasury.  Notwithstanding any other provision
17   of this chapter to the contrary, the first four
eight
18   million dollars of moneys remitted to the treasurer of
19   state from fines, fees, costs, and forfeited bail
20   collected by the clerks of the district court in
21   criminal cases, including those collected for both
22   scheduled and nonscheduled violations, collected in
23   each fiscal year commencing with the fiscal year
24   beginning July 1, 1995, shall be deposited in the
25   fund.  Interest and other income earned by the fund
26   shall be deposited in the fund.  If the treasurer of
27   state determines pursuant to 1994 Iowa Acts, chapter
28   1196, that bonds can be issued pursuant to this
29   section and section 16.177, then the moneys in the
30   fund are appropriated to and for the purpose of paying
31   the principal of, premium, if any, and interest on
32   bonds issued by the Iowa finance authority under
33   section 16.177.  Except as otherwise provided in
34   subsection 2, amounts in the funds shall not be
35   subject to appropriation for any purpose by the
36   general assembly, but shall be used only for the
37   purposes set forth in this section.  The treasurer of
38   state shall act as custodian of the fund and disburse
39   amounts contained in it as directed by the department
40   of corrections including the automatic disbursement of
41   funds pursuant to the terms of bond indentures and
42   documents and security provisions to trustees and
43   custodians.  The treasurer of state is authorized to
44   invest the funds deposited in the fund subject to any
45   limitations contained in any applicable bond
46   proceedings.  Any amounts remaining in the fund at the
47   end of each fiscal year shall be transferred to the
48   general fund.
49     Sec. 100.  MEDICAL ASSISTANCE COSTS FOR SERVICES TO
50   MINORS WITH MENTAL RETARDATION.  There is appropriated

Page 5

 1   from the general fund of the state to the department
 2   of human services for the fiscal year beginning July
 3   1, 1994, and ending June 30, 1995, the following
 4   amount, or so much thereof as is necessary, to be used
 5   for the purposes designated:
 6     For the nonfederal share of the costs of services
 7   provided to minors with mental retardation under
 8   medical assistance to meet the requirements of the
 9   provisions of section 249A.12, subsection 4:
10  		$  6,600,000
11     Notwithstanding section 8.33, moneys appropriated
12   in this section which remain unexpended or unobligated
13   at the close of the fiscal year shall not revert to
14   the general fund of the state but shall remain
15   available for the purposes designated in the
16   succeeding fiscal year.
17     Sec. ___.  FUNDING OF SESSION LAW REQUIREMENTS.  If
18   section 100 of this Act is enacted on or before March
19   31, 1995, the requirements of 1994 Iowa Acts, chapter
20   1163, section 8, subsection 1, to enact an
21   appropriation to fully fund the provisions of section
22   249A.12, subsection 4, shall be considered to be met
23   and the repeals contained in 1994 Iowa Acts, chapter
24   1163, section 8, subsection 1, shall be void."
25     6.  By renumbering, relettering, or redesignating
26   and correcting internal references as necessary.
The House stood at ease at 2:26 p.m., until the fall of the
gavel.
The House reconvened at  3:32 p.m., Speaker Corbett  in the
chair.
Millage of Scott offered amendment H-3622, to the Senate
amendment H-3603, filed by him and requested division as follows:
H-3622
 1     Amend the Senate amendment, H-3603, to House File
 2   132, as amended, passed, and reprinted by the House,
 3   as follows:
H-3622A
 4     1.  Page 3, line 39, by striking the words "on
 5   state-owned land".
 6     2.  Page 3, line 41, by inserting after the word
 7   "speed" the following:  "and cost-effectiveness".
H-3622B
 8     3.  Page 3, line 47, by striking the figure
 9   "36,000,000" and inserting the following:
10  "32,000,000".
H-3622A
11     4.  Page 4, by striking lines 4 and 5 and
12   inserting the following:  "developed to promote
13   competition among providers."
14     5.  Page 5, by striking line 3 and inserting the
15   following:  "1, 1995, and ending June 30, 1996, the
16   following".
17     6.  Page 5, by striking lines 11 through 16.
18     7.  Page 5, by inserting after line 24 the
19   following:
20     "   .  Title page, by striking lines 1 and 2 and
21   inserting the following:  "An Act relating to and
22   making appropriations for the fiscal years beginning
23   July 1, 1994, and July 1, 1995, and providing an
24   effective date.""
On motion by Millage of Scott, amendment H-3622A, to the Senate
amendment H-3603, was adopted.
Millage of Scott asked and received unanimous consent to
withdraw amendment H-3622B, to the Senate amendment H-3603.
On motion by Millage of Scott the House concurred in the Senate
amendment H-3603, as amended.
Millage of Scott moved that the bill, as amended by the Senate,
further amended and concurred in by the House, 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. 132)
The ayes were, 96:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	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           	Thomson        	Tyrrell        	Van Fossen
Van Maanen     	Veenstra       	Warnstadt      	Weigel
Welter         	Wise           	Witt           	Mr. Speaker
	  	  	  Corbett
The nays were, none.
Absent or not voting, 4:
Brammer	Moreland	Vande Hoef	Weidman

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Rule 76 invoked. Under the provisions of Rule 76, conflict of
interest, Moreland of Wapello refrained from voting.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 132 be immediately messaged to the Senate.
Unfinished Business Calendar
Special Order 
The House resumed consideration of House Joint Resolution 14, a
joint resolution proposing an amendment to the Constitution of
the State of Iowa 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, previously deferred and placed on the unfinished
business calendar.
The following amendments were deferred by unanimous consent:
H-3239, H-3242, H-3243, H-3246, H- 3248 and H-3249.
Rants of Woodbury in the chair at 3:52 p.m.
Ollie of Clinton offered amendment H-3250 filed by him as
follows:
H-3250
 1     Amend House Joint Resolution 14 as follows:
 2     1.  Page 2, line 10, by inserting after the word
 3   "governor;" the following:  "(   )  revenues committed
 4   by the State to funding all aspects of public
 5   education, grades kindergarten through twelve, in the
 6   state;".
 7     2.  By renumbering as necessary.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Boddicker of Cedar and Van Maanen of Marion, both for the
remainder of the day, on request of Gipp of Winneshiek.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-seven members present,
forty-three absent.
Millage of Scott in the chair at 6:55 p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Jochum of Dubuque and Wise of Lee, until their return, on
request of Cohoon of Des Moines.
Ollie of Clinton moved the adoption of amendment H-3250.
Roll call was requested by Schrader of Marion and Ollie of
Clinton.
On the question "Shall amendment H-3250 be adopted?" (H.J.R. 14)
The ayes were, 38:
Baker          	Bell           	Bernau         	Brand 
Burnett        	Cataldo        	Cohoon         	Connors
Dinkla         	Doderer        	Drees          	Fallon
Grundberg      	Harper         	Harrison       	Holveck
Jacobs         	Koenigs        	Kreiman        	Larkin
Mascher        	May            	McCoy          	Metcalf 
Moreland       	Murphy         	Myers          	Nelson, B.
Nelson, L.       	O'Brien        	Ollie          	Rants
Running        	Schrader       	Shoultz        	Warnstadt
Weigel         	Witt           	
The nays were, 57:
Arnold         	Blodgett       	Boggess        	Bradley 
Branstad       	Brauns         	Brunkhorst     	Carroll
Churchill      	Coon                  	Corbett, Spkr.	Cormack   
    	Cornelius	Daggett        	Disney         	Drake         
	Eddie	Ertl           	Garman         	Gipp          
	Greig	Greiner        	Gries          	Grubbs        
	Hahn	Halvorson      	Hammitt        	Hanson         	Heaton
	Houser         	Hurley         	Huseman        	Klemme	Kremer  
      	Lamberti       	Larson         	Lord	Main          
	Martin         	Mertz          	Meyer	Mundie         	Nutt     
     	Renken
Salton         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Weidman        	Welter
Millage,
  Presiding
Absent or not voting, 5:
Boddicker      	Brammer        	Jochum         	Van Maanen    
	Wise           	
Amendment H-3250 lost.
Running of Linn asked and received unanimous consent to defer
action on amendment H-3251.
Bernau of Story offered the following amendment H-3256 filed by
him and moved its adoption:
H-3256
 1     Amend House Joint Resolution 14 as follows:
 2     1.  page 2, line 10, by inserting after the word
 3   "governor;" the following:  "(__) receipts for a
 4   government's trust funds for unemployment benefits;".
 5     2.  Page 3, line 14, by striking the word
 6   "unemployment,".
 A non-record roll call was requested.
The ayes were 24, nays 59.
Amendment H-3256 lost. 
The following amendments were deferred by unanimous consent:
H-3258, H-3260, H-3263, H-3264, H-3273, H-3272, H-3241, H-3254,
H-3255, H-3267 and  H-3236. 
Doderer of Johnson offered amendment H-3231 filed by her as
follows:
H-3231
 1     Amend House Joint Resolution 14 as follows:
 2     1.  Page 2, by striking lines 23 through 25 and
 3   inserting the following:  "effective for no more than
 4   five fiscal years.  Each such referendum shall be
 5   held".
Speaker Corbett in the chair at 8:40 p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Gipp of Winneshiek, Eddie of Buena Vista and Weidman of Cass, on
request of Siegrist of Powwawattamie; Moreland of Wapello and
Cataldo of Polk, on request of Schrader of Marion, all until
their return.
Doderer of Johnson moved the adoption of amendment H-3231.
Roll call was requested by Doderer of Johnson and Mascher of
Johnson.
On the question "Shall amendment H-3231 be adopted?" (H.J.R. 14)
The ayes were, 27:
Baker          	Bell           	Bernau         	Brand
Burnett        	Cohoon         	Coon           	Doderer
Drees          	Fallon         	Harper         	Holveck
Koenigs        	Kreiman        	Larkin         	Mascher
May            	McCoy          	Murphy         	Myers
Nelson, L.       	Ollie          	Running        	Schrader
Warnstadt      	Weigel         	Witt
The nays were, 60:
Arnold         	Blodgett       	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Carroll
Churchill             	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Drake          	Ertl
Garman         	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harrison       	Heaton
Houser         	Hurley         	Huseman        	Jacobs
Klemme         	Kremer         	Lamberti       	Larson
Lord           	Main           	Martin         	Mertz
Metcalf        	Meyer          	Millage        	Mundie
Nelson, B.      	Nutt           	Rants          	Renken
Salton         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Welter         	Mr. Speaker
			 Corbett
Absent or not voting, 13:
Boddicker      	Brammer        	Cataldo        	Connors
Eddie          	Gipp           	Jochum         	Moreland
O'Brien        	Shoultz        	Van Maanen     	Weidman
Wise
Amendment H-3231 lost.

Shoultz of Black Hawk offered amendment H-3234 filed by him and
requested division as follows:
H-3234
 1     Amend House Joint Resolution 14 as follows:
H-3234A
 2     1.  Page 2, line 29, by striking the words "two-
 3   thirds vote" and inserting the following:  "a
 4   majority".
H-3234B
 5     2.  Page 2, line 33, by striking the word "three-
 6   fourths" and inserting the following:  "a majority".
On motion by Shoultz of Black Hawk, amendment H-3234A lost.
Rants of Woodbury moved that debate be closed and the question
be put on House Joint Resolution 14 and the pending subsidiary
questions at 3:00 p.m., Friday, March 31, 1995.
Schrader of Marion rose on a point that the motion was not in
order.
The Speaker ruled the point not well taken and the motion in
order.
Roll call was requested by Schrader of Marion and Fallon of Polk.
Rule 75 was invoked.
On the question "Shall the motion prevail? " (H.J.R. 14)
The ayes were, 61:
Arnold         	Blodgett       	Boggess        	Bradley 
Branstad       	Brauns         	Brunkhorst     	Carroll
Churchill      	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Drake 
Eddie          	Ertl           	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harrison       	Houser         	Hurley 
Huseman        	Jacobs         	Klemme         	Kremer
Lamberti       	Larson         	Lord           	Main
Martin         	Metcalf        	Meyer          	Millage
Nelson, B.      	Nutt           	Rants          	Renken
Salton         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Weidman        	Welter
Mr. Speaker
   Corbett
The nays were, 34:
Baker          	Bell           	Bernau         	Brand
Burnett        	Cataldo        	Cohoon         	Doderer
Drees          	Fallon         	Harper         	Heaton 
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Mascher        	May            	McCoy
Mertz          	Moreland       	Mundie         	Murphy
Myers          	Nelson, L.       	Ollie          	Running
Schrader       	Shoultz        	Warnstadt      	Weigel
Wise           	Witt 
Absent or not voting, 5:
Boddicker      	Brammer        	Connors        	O'Brien
Van Maanen     	
The motion prevailed.
The House stood at ease at 10:00 p.m., until the fall of the
gavel.
The House resumed session at 11:17 p.m., Speaker Corbett in the
chair.
The House stood at ease at 11:46 p.m., until the fall of the
gavel.
The House resumed session at 12:25 a.m., Speaker Corbett in the
chair.
The House stood at ease at 12:26 a.m., until the fall of the
gavel.
The House resumed session at 1:15 a.m., Speaker Corbett in the
chair.
Rants of Woodbury asked and received unanimous consent to
rescind the previous motion to set the date for time certain.
(House Joint Resolution 14 pending at adjournment)
SENATE FILES REREFERRED
The Speaker announced that the following Senate Files have been
rereferred:
Senate File 400, presently passed on file, was referred to
committee on state government.
Senate File 403, presently in the committee on judiciary, was
rereferred to committee on ways and means.
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 30, 1995, concurred in the House
amendment to the Senate amendment, and passed the following bill
in which the concurrence of the Senate was asked:
House File 132, a bill for an act relating to and making
appropriations for the fiscal years beginning July 1, 1994, and
July 1, 1995, and providing an effective date.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 170, a bill for an act relating to exempting
employees of the state fair authority from the state merit
personnel system.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 477, a bill for an act requiring that a publication
whose standards are incorporated by reference in agency
rulemaking be purchased and provided by the agency to the
administrative rules coordinator for deposit in the state law
library.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 478, a bill for an act providing limited immunity for
persons responding to oil spills.
Also: That the Senate has on March 30, 1995, adopted the
following resolution in which the concurrence of the Senate was
asked:
House Concurrent Resolution 36, a concurrent resolution urging
the release of two United States citizens, including one Iowan,
from confinement in Iraq.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 291, a bill for an act relating to issuance of motor
vehicle licenses by county treasurers and providing moneys to
the counties for implementation of the Act.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 358, a bill for an act relating to habitual
offenders of the motor vehicle laws, by providing for an
administrative adjudication of the habitual offender status, and
providing for the payment of fees.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 385, a bill for an act authorizing the appointment
of a city board of review by certain cities.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 422, a bill for an act relating to the duties of the
county recorder, by transferring certain duties of the clerk of
the district court relating to vital statistics and marriage, by
providing for fees, by providing for other properly related
matters, and providing effective dates.
Also: That the Senate has on March 30, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 457, a bill for an act relating to the civil rights
commission concerning the enforcement of civil rights laws, and
the promotion and transfer of employed disabled persons.
JOHN F. DWYER, Secretary
EXPLANATION OF VOTE
I was temporarily absent from the House chamber on March 30,
1995. Had I been present, I would have voted "aye" on House File
515.
MEYER of Sac
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 30th day of March, 1995: House Files 30 and 186.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Six FHA students from St. Ansgar Community High School, St.
Ansgar, accompanied by Bonnie Wendt. By Koenigs of Mitchell.
Thirty twelfth grade students from Tri-County High School,
Thornburg, accompanied by James Freeze. By Greiner of Washington.
Four (student council officers) students from Lyons Middle
School, Clinton, accompanied by Teachers Linda Smith and Joyce
Ollie. By Ollie of Clinton.
Forty-five students from Clarinda Middle School, Clarinda,
accompanied by Connie Richardson. By Boggess of Taylor.
Fourteen students from Shenandoah High School, accompanied by
Kathy Rego and Dale Sandquist. By Boggess of Taylor.
Three students from Forest Ridge School, Estherville,
accompanied by Cindy Cox. By Greig of Emmet.
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\167	Business and Financial Assistance Program, Cedar Falls
- For being named a Top Winner in the "Main Street" Program
sponsored by the Iowa Department of Economic Development.     
                                   SUBCOMMITTEE ASSIGNMENTS
House File 547
State Government: Ertl, Chair; Disney and Running.
Senate File 176
Local Government: Weidman, Chair; Klemme and Mundie.
Senate File 179
Local Government: Jacobs, Chair; Connors and Disney.
Senate File 204 Reassigned
State Government: Ertl, Chair; Cataldo and Tyrrell.
Senate File 225
Local Government: Welter, Chair; Koenigs and Weidman.
Senate File 226
Local Government: Disney, Chair; Houser and Larkin.
Senate File 227
Local Government: Jacobs, Chair; Connors and Martin.
Senate File 228
Local Government: Klemme, Chair; Arnold and Drees.
Senate File 229
Local Government: Arnold, Chair; Mertz and Weidman.
Senate File 280
Local Government: Brauns, Chair; Houser and Myers.
Senate File 292
Natural Resources: Brauns, Chair; Garman and Mundie.
Senate File 351
Local Government: Carroll, Chair; Brauns and Drees.
Senate File 370
Local Government: Houser, Chair; Brauns and Mundie.
Senate File 391
Local Government: Huseman, Chair; Carroll and Larkin.
Senate File 447
Natural Resources: Klemme, Chair; Cornelius and Drees.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
HSB 325 Ways and Means
Relating to the state franchise tax imposed on financial
institutions by disallowing the deduction for expenses related
to a financial institution's investment in subsidiaries and
providing effective and applicability dates.
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 APPROPRIATIONS
Committee Bill, relating to appropriations and revenue involving
agriculture and natural resources, and providing effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass March 29, 1995.
COMMITTEE ON ECONOMIC DEVELOPMENT
Senate File 156, a bill for an act relating to corporate,
franchise, and insurance premiums tax credits for entities
investing in a qualified venture capital company and providing
applicability provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3647 March 30,
1995.
COMMITTEE ON LOCAL GOVERNMENT
Senate File 176, a bill for an act relating to the filing of
intergovernmental agreements for the joint exercise of
governmental powers in certain counties.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995.
Senate File 179, a bill for an act relating to the maximum
property tax levy for certain county hospitals.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995.
Senate File 226, a bill for an act relating to the disposition
of valueless mobile homes, modular homes, and manufactured homes.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995.
Senate File 228, a bill for an act relating to the statewide
notification center by providing that the center is subject to
the open meetings and public records law, requiring certain
financial information to be reported, establishing an audit
requirement, and providing a penalty.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995.
Senate File 229, a bill for an act eliminating certain
requirements regarding the purchase of coal by public agencies.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995.
Senate File 280, a bill for an act authorizing townships to
provide emergency medical services.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995.
Senate File 351, a bill for an act authorizing certain cities to
appoint additional members to certain city commissions.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995.
Senate File 391, a bill for an act relating to the payment of
medical costs of temporary prisoners.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995.
COMMITTEE ON TRANSPORTATION
Senate File 290, a bill for an act relating to motor vehicle and
highway regulation by the state department of transportation
concerning retention of records and documents, registration
plates and stickers, dissolution decree transfers of motor
vehicle titles, junking certificates for abandoned vehicles,
flashing blue lights, motorcycle license requirements, leased
motor vehicles, proof of financial responsibility, charges for
handicapped identification devices, single state registration
for motor carriers, commodity base state registration, other
technical changes, and providing effective and applicability
dates.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3640 March
29,1995.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House File 351), relating to the
exemption of the statewide notification center and its vendors
from sales, services, and use taxes and providing for the Act's
effectiveness and retroactive applicability.
Fiscal Note is not required.
Recommended Amend and Do Pass March 30, 1995.
Committee Bill (Formerly House Study Bill 130), relating to
state and local taxes including appeals of department of revenue
and finance actions, the prohibition of unconstitutional or
illegal tax collections, assessment procedures pertaining to
amended returns, corporate income tax rates, sales tax on test
laboratory services, collection of sales tax by out-of-state
retailers, interest accrual on sales and use tax refunds, sales
and use tax exemption for machinery and equipment replacement
parts, sales tax permit denial for delinquent taxes, bonding
provisions for sales tax and environmental protection charge
contested case decisions, costs associated with contested case
hearings, penalty for underpayment of corporation income and
franchise taxes, services subject to use tax, penalty for
underpayment of use tax, disclosure of tax return information,
the repeal of obsolete property tax provisions, and imposition
of the drug excise tax on unprocessed marijuana plants.
Fiscal Note is not required.
Recommended Amend and Do Pass March 30, 1995.
Committee Bill (Formerly House Study Bill 321), relating to
changing the point of taxation of motor vehicle fuel by
requiring suppliers, restrictive suppliers, importers,
exporters, dealers, users, or blenders licenses, changing
reporting periods, and adding penalties.
Fiscal Note is not required.
Recommended Do Pass March 30, 1995. 
RESOLUTION FILED
SCR 20, by committee on agriculture, a concurrent resolution in
support of improvement in the wetland delineation process and a
morato-
rium on wetlands determination until the 1995 farm bill has been
passed and signed into the law by the Congress and the President.
Referred to committee on agriculture.

AMENDMENTS FILED
H-3640	S.F.	290	Committee on Transportation
H-3641	H.F.	344	Welter of Jones
H-3642	S.F.	446	Garman of Story
H-3643	H.F.	508	Gipp of Winneshiek
H-3644	H.F.	508	Gipp of Winneshiek
			Witt of Black Hawk
H-3645	H.F.	485	Nutt of Woodbury
			Kreiman of Davis
H-3646	S.F.	93	Coon of Warren
			Kreiman of Davis
			Hurley of Fayette
			Lamberti of Polk
H-3647	S.F.	156	Committee on Economic
			  Development
H-3648	H.F.	519	Mundie of Webster
H-3649	H.F.	518	Holveck of Polk
H-3650	H.F.	518	Brand of Benton
H-3651	H.F.	518	Bell of Jasper
H-3652	H.F.	518	Bernau of Story
H-3653	H.F.	518	Bell of Jasper
H-3654	H.F.	518	Fallon of Polk
H-3655	H.F.	519	Bernau of Story
H-3656	H.F.	519	Fallon of Polk
			Coon of Warren
H-3657	H.F.	519	Koenigs of Mitchell
H-3658	H.F.	511	Holveck of Polk
			Baker of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
1:17 a.m., until 8:45 a.m., Friday, March 31, 1995.

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