Previous Day: Wednesday, March 29 | Next Day: Friday, March 31 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.
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 firstfoureight 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.
Previous Day: Wednesday, March 29 | Next Day: Friday, March 31 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
© 1995 Cornell College and League of Women Voters of Iowa
Comments? hjourn@legis.iowa.gov.
Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/Day/0330.html
jhf