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House Journal: Wednesday, April 5, 1995

Eighty-seventh Calendar Day - Fifty-ninth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 5, 1995
The House met pursuant to adjournment at 8:50 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend  Jim Eschenbrenner, Union Chapel
Church, Hedrick.
The Journal of Tuesday, April 4, 1995 was approved.
SENATE MESSAGES CONSIDERED
Senate File 181, by Kibbie, a bill for an act providing a
sales tax exemption relating to aircraft and providing effective
date and retroactive applicability provisions.
Read first time and passed on file.
Senate File 338, by committee on state government, a bill for an
act relating to the regulation of games of skill, games of
chance, and amusement devices, and subjecting violators to
penalties.
Read first time and referred to committee on state government.
Senate File 384, by committee on state government, a bill
for an act relating to regulation of food establishments and
providing for fees and penalties.
Read first time and referred to committee on state government.
HOUSE FILE 499 WITHDRAWN
Metcalf of Polk asked and received unanimous consent to withdraw
House File 499 from further consideration by the House.
On motion by Siegrist of Pottawattamie, the House was recessed
at 8:58 a.m., until 10:00 a.m.
The House reconvened at 10:00 a.m., Speaker Corbett in the chair.
CONSIDERATION OF BILLS
Regular Calendar
House File 400, a bill for an act relating to the joint
purchasing of equipment by political subdivisions of the state,
was taken up for consideration.
Brauns of Muscatine 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. 400)
The ayes were, 93:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker	Boggess        	Bradley
Brand	Branstad       	Brauns         	Brunkhorst
Burnett        	Cataldo        	Churchill	Cohoon
Connors        	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl 
Garman         	Gipp           	Greig          	Greiner 
Gries          	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	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 Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman 
Weigel         	Welter         	Wise           	Witt
Mr. Speaker
   Corbett
The nays were, none:
Absent or not voting, 7:
Brammer  	Carroll	Fallon	Grubbs 
Houser	Hurley 	Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 520, a bill for an act relating to electronic
transfer of funds and establishing certain requirements for
full-function point-of-sale terminals and electronic funds
transfer facilities maintained or operated by a national card
association, establishing a civil penalty, and providing an
effective date, was taken up for consideration.
Lamberti of Polk offered the following amendment H-3743 filed by
him and Myers and moved its adoption:
H-3743
 1     Amend House File 520 as follows:
 2     1.  Page 6, by inserting after line 7 the
 3   following:
 4     "Sec. ___.  Section 527.5, subsection 13, Code
 5   1995, is amended to read as follows:
 6     13.  Effective July 1, 1994, any transaction
 7   engaged in with a retailer through a satellite
 8   terminal located in this state at a location
described
 9   in section 527.4, subsection 3, paragraph "d", by
10   means of an access device which results in a debit to
11   a customer asset account shall be cleared and paid at
12   par to the retailer during the settlement of such
13   transaction to the retailer.  Processing
14   Notwithstanding the terms of any contractual agreement
15   between a retailer or financial institution and a
16   national card association as described in subsection
17   12, an electronic funds transfer processing facility
18   of a national card association, a central routing unit
19   approved pursuant to this chapter, or a data
20   processing center, the processing fees and charges for
21   such transactions to the retailer shall not be based
22   on a percentage of the amount of the transaction be
as
23   contractually agreed upon between the retailer and the
24   financial institution which establishes, owns,
25   operates, controls, or processes transactions
26   initiated at the satellite terminal.  All accounting
27   documents reflecting such fees and charges imposed on
28   the retailer shall separately identify transactions
29   which have resulted in a debit to a customer asset
30   account and the charges imposed.  The provisions of
31   this subsection shall apply to all satellite
32   terminals, including limited-function terminals, full-
33   function point-of-sale terminals as identified in
34   subsection 12, paragraph "a", and multiple use
35   terminals."
36     2.  By renumbering as necessary.
Amendment H-3743 was adopted.
Holveck of Polk asked and received unanimous consent to defer
action on amendment H-3748.
Speaker pro tempore Van Maanen of Marion in the chair at 10:10
a.m.
Holveck of Polk offered the following amendment H-3747 filed by
him and moved its adoption:
H-3747
 1     Amend House File 520 as follows:
 2     1.  Page 6, by striking line 8 and inserting the
 3   following:
 4     "Sec. ___.  Section 527.6, Code 1995, is repealed."
 5     2.  By renumbering as necessary.
Amendment H-3747 lost.
Holveck of Polk offered amendment H-3748, previously deferred, 
filed by him and requested division as follows:
H-3748
 1     Amend House File 520 as follows:
H-3748A
 2     1.  Page 6, by inserting after line 7 the
 3   following:
 4     "Sec. ___.  Section 527.8, subsection 1, Code 1995,
 5   is amended to read as follows:
 6     1.  As a condition of exercising the privilege of
 7   utilizing a satellite terminal, a financial
 8   institution is liable to each of its customers for all
 9   losses incurred by the customer as a result of the
10   transmission or recording of electronic impulses as a
11   part of a transaction not authorized by the customer
12   or to which the customer was not a party.  However, if
13   the financial institution has provided the customer
14   with an access device for engaging in a transaction at
15   a satellite terminal which is unique to the customer,
16   and losses are incurred by the customer as a result of
17   the theft, loss or other compromise of that access
18   device, the liability of the financial institution
19   pursuant to this section shall not include the first
20   two hundred fifty dollars of any losses incurred prior
21   to the time the customer notifies the financial
22   institution of the theft, loss or compromise except
23   that the financial institution shall have no liability
24   if the losses are a result of the customer's
25   fraudulent acts or omissions."
H-3748B
26     2.  Page 6, by striking line 8 and inserting the
27   following:
28     "Sec. ___.  Section 527.6, Code 1995, is repealed."
29     3.  By renumbering as necessary.
On motion by Holveck of Polk, amendment H-3748A lost.
The Speaker announced that with the adoption of amendment
H-3747, amendment H-3748B was out of order.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Mertz of Kossuth, until her return, on request of Schrader of
Marion.
Lamberti 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. 520)
The ayes were, 81:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon                  	Corbett,
Spkr.
Cormack        	Cornelius      	Daggett        	Dinkla
Disney         	Ertl           	Fallon         	Garman
Gipp           	Gries          	Grundberg      	Hahn
Hammitt        	Hanson         	Harrison       	Heaton
Houser         	Huseman        	Jacobs         	Jochum
Klemme         	Kreiman        	Kremer         	Lamberti 
Larkin         	Larson         	Lord           	Main
Martin         	Mascher        	May            	McCoy
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Rants
Renken         	Salton         	Schrader       	Schulte
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Vande Hoef     	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Van Maanen,
  Presiding
The nays were, 8:
Doderer        	Drees          	Harper         	Holveck
Ollie          	Running        	Shoultz        	Witt
Absent or not voting, 11:
Brammer        	Drake          	Eddie          	Greig
Greiner        	Grubbs         	Halvorson      	Hurley
Koenigs        	Mertz          	Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 485, a bill for an act relating to remedies upon the
dishonoring of a financial instrument and providing penalties,
was taken up for consideration.
Speaker Corbett of Linn in the chair at 10:33 a.m.
Nutt of Woodbury offered the following amendment H-3645 filed by
him and Kreiman and moved its adoption:
H-3645
 1     Amend House File 485 as follows:
 2     1.  Page 1, line 10, by inserting after the word
 3   "drawee." the following:  "If the check, draft, or
 4   order was presented twice or the maker does not have
 5   an account with the drawee, the amount of the
 6   surcharge shall not exceed one hundred dollars."
 7     2.  Page 1, line 22, by inserting after the word
 8   "drawee." the following:  "If the check, draft, or
 9   order was presented twice or the maker does not have
10   an account with the drawee, the amount of the
11   surcharge shall not exceed one hundred dollars."
12     3.  Page 2, by striking lines 19 and 20 and
13   inserting the following:  "order."
14     4.  Page 2, by striking lines 32 through 34 and
15   inserting the following:  "the dishonored check,
16   draft, or order and the actual costs incurred by the
17   plaintiff in bringing the".
Amendment H-3645 was adopted.
Nutt of Woodbury 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. 485)
The ayes were, 97:
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         	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         	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, 3:
Brammer        	Hurley         	Running
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
House Files 400, 520 and 485.
House File 345, a bill for an act relating to the rate of
interest charged on judgments and decrees, was taken up for
consideration.
Kremer of Buchanan 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. 345)
The ayes were, 92:
Baker          	Bell           	Bernau         	Blodgett 
Boddicker      	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Cohoon         	Connors
Coon                  	Cormack        	Cornelius      	Daggett 
Disney         	Doderer        	Drake          	Drees
Eddie          	Ertl           	Fallon         	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	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        	Schrader       	Schulte
Siegrist       	Sukup          	Teig           	Thomson 
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Mr. Speaker
			  Corbett
The nays were, 4:
Arnold         	Churchill      	Dinkla         	Moreland
Absent or not voting, 4;
Brammer        	Hurley         	Salton         	Shoultz
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 517, a bill for an act relating to motor carrier
certification by establishing a motor carrier education course,
requiring a compliance review, and imposing fees, was taken up
for consideration.
Welter of Jones offered the following amendment H-3438 filed by
him and moved its adoption:
H-3438
 1     Amend House File 517 as follows:
 2     1.  Page 2, by striking lines 25 through 27 and
 3   inserting the following:  "federal hazardous materials
 4   regulations."
Amendment H-3438 was adopted.
Brauns of Muscatine 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. 517)
The ayes were, 94:
Arnold         	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         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
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
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Van Maanen     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Mr. Speaker
	   Corbett
The nays were, none.
Absent or not voting, 6:
Baker          	Brammer        	Hurley         	Lamberti
Siegrist       	Vande Hoef
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
House Files 345 and 517.
House File 150, a bill for an act authorizing cities and
counties access to the Iowa communications network, and
providing an effective date, was taken up for consideration.
Speaker pro tempore Van Maanen of Marion in the chair at 11:15
a.m.
Myers of Johnson 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. 150)
The ayes were, 74:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boggess        	Bradley        	Brand
Branstad       	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill      	Cohoon         	Connors
Coon                  	Corbett, Spkr.	Cormack        	Cornelius
Dinkla         	Disney         	Doderer        	Fallon
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Huseman        	Jacobs         	Jochum         	Koenigs
Lamberti       	Larkin         	Larson         	Lord
Martin         	Mascher        	May            	Mertz
Metcalf        	Millage        	Moreland       	Mundie
Murphy         	Myers          	Nelson, B.      	Nelson, L.
O'Brien        	Ollie          	Rants          	Running
Schrader       	Schulte        	Shoultz        	Siegrist 
Sukup          	Thomson        	Van Fossen     	Vande Hoef
Veenstra       	Warnstadt      	Weigel         	Wise
Witt           	Van Maanen,
	  Presiding
The nays were, 23:
Boddicker      	Brauns         	Daggett        	Drake
Drees          	Eddie          	Ertl           	Garman
Hahn           	Halvorson      	Klemme         	Kreiman
Kremer         	Main           	McCoy          	Meyer
Nutt           	Renken         	Salton         	Teig
Tyrrell        	Weidman        	Welter
Absent or not voting, 3:
Brammer        	Grundberg      	Hurley
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 461, a bill for an act relating to the Iowa
communications network by directing the Iowa telecommunications
and technology commission to conduct studies concerning the
possible sale of the network, and the possible conversion of the
network into a public utility, was taken up for consideration.
Lamberti 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. 461)
The ayes were, 96:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors               	Corbett, Spkr.	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	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     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Van Maanen
			  Presiding
 The nays were, none.
Absent or not voting, 4:
Brammer        	Coon           	Greiner        	Hurley
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate:  House
Files 150 and 461.
House File 334, a bill for an act relating to the hearing and
election provisions of the instructional support program of
school districts, with report of committee recommending passage,
was taken up for consideration.
Cornelius of Jackson offered the following amendment H-3561
filed by him and moved its adoption:
H-3561
 1     Amend House File 334 as follows:
 2     1.  Page 1, by striking lines 12 through 22 and
 3   inserting the following:  "published in one or more
 4   newspapers not less than ten nor more than twenty days
 5   before the public hearing.  For the purpose of
 6   establishing and giving assured circulation to the
 7   proceedings, only in a newspaper which is a
newspaper
 8   of general circulation issued at a regular frequency,
 9   distributed in the school district's area, and
10   regularly delivered or mailed through the post office
11   during the preceding two years may be used for the
12   publication in the school district.  In addition,
the
13   newspaper must have a list of subscribers who have
14   paid, or promised to pay, at more than a nominal rate,
15   for copies to be received during a stated period.  At
16   the hearing, the board shall announce a".
Amendment H-3561 was adopted.
Ertl of Dubuque offered the following amendment H-3745 filed by
him and moved its adoption:
H-3745
 1     Amend House File 334 as follows:
 2     1.  Page 1, by striking lines 24 through 26 and
 3   inserting the following:  "the hearing, that it will
 4   take action to adopt a resolution to participate in
 5   the instructional support program for a period not
 6   exceeding five years or to the board shall direct
 7   the".
 8     2.  Page 2, by striking lines 3 through 27 and
 9   inserting the following:
10     "Sec. 2.  Section 257.18, subsection 2, Code 1995,
11   is amended by striking the subsection.
12     Sec. 3.  Section 257.27, unnumbered paragraph 2,
13   Code 1995, is amended to read as follows:
14     If the voters do not approve adoption of the
15   instructional support program, the board shall wait at
16   least one hundred twenty days following the election
17   before taking action to adopt the program or resubmit
18   the proposition."
19     3.  By renumbering as necessary.
Amendment H-3745 lost.
Ertl of Dubuque offered amendment H-3744 filed by him as follows:
H-3744
 1     Amend House File 334 as follows:
 2     1.  Page 1, by striking line 34 and inserting the
 3   following:  "on the question of participation, if a
 4   majority, and at least sixty percent of those".
 5     2.  Page 2, by striking lines 21 through 25 and
 6   inserting the following:  "of the base year.  If a
 7   majority at least sixty percent of those voting on
the
 8   question at the election favors disapproval approval
 9   of the action of the board, the district shall not
10   participate in the instructional support program.  If
11   a majority of those voting on the question favors
12   approval of the action, the board shall".
13     3.  Page 2, by inserting after line 27 the
14   following:
15     "Sec. 3.  Section 257.27, unnumbered paragraph 2,
16   Code 1995, is amended to read as follows:
17     If the voters do not approve adoption of the
18   instructional support program, the board shall wait at
19   least one hundred twenty days year following the
20   election before taking action to adopt the program or
21   resubmit the proposition."
22     3.  By renumbering as necessary.
Cohoon of Des Moines rose on a point of order that amendment
H-3744 was not germane.
The Speaker ruled the point well taken and amendment H-3744 not
germane.
Cornelius of Jackson 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. 334)
The ayes were, 90:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Fallon         	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	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	Shoultz
Sukup          	Teig	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra	Warnstadt      	Weidman
       	Weigel         	Welter	Wise           	Witt          
	Van Maanen,
	  Presiding     	
The nays were, 4:
Boddicker      	Ertl           	Kremer	Schulte
Absent or not voting, 6:
Brammer               	Corbett, Spkr.	Eddie         	Hurley     
   	Schrader	Siegrist 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 456, a bill for an act relating to grain
transactions, by providing for credit-sale contracts, was taken
up for consideration.
Vande Hoef of Osceola 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. 456)
The ayes were, 94:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Burnett
Carroll        	Cataldo        	Cohoon         	Connors
Coon                  	Corbett, Spkr.	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         	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         	Schulte        	Shoultz
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	  Presiding
The nays were, none:
Absent or not voting, 6:
Brammer        	Brunkhorst     	Churchill      	Hurley
Schrader       	Siegrist
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate:  House
Files 334 and 456.
On motion by Gipp of Winneshiek, the House was recessed at 11:50
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 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 fifty-six members present,
forty-four absent.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 5, 1995, passed the following bill in
which the concurrence of the House is asked:
Senate File 453, a bill for an act relating to public health by
providing for measures involving lead poisoning screening and
requiring a study of lead poisoning by the Iowa department of
public health.
JOHN F. DWYER, Secretary
CONSIDERATION OF BILLS
Regular Calendar
House Joint Resolution 11, a joint resolution proposing an
amendment to the Constitution of the State of Iowa to eliminate
the limitation on fines for offenses which may be summarily
tried without indictment, was taken up for consideration.
Dinkla of Guthrie asked and received unanimous consent to
withdraw amendment H-3221 filed by him and Harrison on March 2,
1995.
Dinkla of Guthrie offered the following amendment H-3750 filed
by him and Harrison and moved its adoption:
H-3750
 1     Amend House Joint Resolution 11 as follows:
 2     1.  Page 1, line 6, by striking the words
 3   "punishment does not exceed" and inserting the
 4   following:  "punishment does not exceed".
 5     2.  Page 1, line 7, by inserting before the word
 6   "imprisonment" the following:  "maximum permissible".
 7     3.  Page 1, line 7, by striking the word "for" and
 8   inserting the following:  "for does not exceed".
 9     4.  Page 1, line 7, by striking the word "days,"
10   and inserting the following:  "days,".
Amendment H-3750 was adopted.
Harrison of Scott moved that the joint resolution be read a last
time now and placed upon its adoption and the joint resolution
was read a last time.
House Joint Resolution 11, a joint resolution proposing an
amendment to the Constitution of the State of Iowa to eliminate
the limitation on fines for offenses which may be summarily
tried without indictment.
Be It Resolved By The General Assembly Of The State Of Iowa:
Section 1.  The following amendment to the Constitution of the
State of Iowa is proposed:
Section 11, unnumbered paragraph 1, Article I of the
Constitution of the State of Iowa, is amended to read as follows:
All offences offenses less than felony and in which the
punishment does not exceed a fine of one hundred dollars, or
maximum permissible imprisonment for thirty days, shall be tried
summarily before a justice of the peace, or other an
officer authorized by law, on information under oath, without
indictment, or the inter vention of a grand jury, saving to the
defendant the right of appeal; and no person shall be held to
answer for any higher criminal offence offense, unless
on presentment or indictment by a grand jury, except in cases
arising in the army, or navy, or in the militia, when in actual
service, in time of war or public danger.
 Sec. 2.  The foregoing amendment to the Constitution of the
State of Iowa is referred to the General Assembly to be chosen
at the next general election for members of the General Assembly
and the Secretary of State is directed to cause the same to be
published for three consecutive months previous to the date of
that election as provided by law.
On the question "Shall the joint resolution be adopted and
agreed to?" (H.J.R. 11)
The yeas were, 95:
Arnold         	Baker	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	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         	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     	Vande Hoef 	Veenstra      
	Warnstadt      	Weidman        	Weigel	Welter         	Wise    
      	Witt           	Van Maanen, 
		  Presiding

The nays were, 1:
Moreland       	
Absent or not voting, 4:
Brammer        	Churchill	Corbett, Spkr.	Hurley
             	      	         	        	         The joint
resolution having received a constitutional majority was
declared to have been adopted and agreed to by the House.

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Joint Resolution 11 be immediately messaged to the
Senate.
House File 514, a bill for an act relating to Iowa motor vehicle
registration plates, by providing for special United States
armed forces retired plates, and special silver and bronze star
plates, providing for special registration plates with
distinguishing processed emblems, providing for required plate
specifications, making penalties applicable, and providing an
effective date, was taken up for consideration.
Eddie of Buena Vista offered the following amendment H-3698
filed by him and moved its adoption:
H-3698
 1     Amend House File 514 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Sec. ___.  Section 285.8, Code 1995, is amended by
 5   adding the following new subsection:
 6     NEW SUBSECTION.  9.  Administer and distribute
 7   moneys credited to the Iowa education transportation
 8   enhancement fund established pursuant to section
 9   285.8A.
10     Sec. ___.  NEW SECTION.  285.8A  IOWA EDUCATION
11   TRANSPORTATION ENHANCEMENT FUND.
12     1.  An Iowa education transportation enhancement
13   fund is created in the office of the treasurer of
14   state.  The fund consists of all revenues and all
15   other moneys lawfully credited or transferred to the
16   fund.  However, moneys credited to the road use tax
17   fund created by chapter 312 or collected pursuant to
18   section 423.7 shall not be deposited in the fund
19   created by this section.  The department shall certify
20   monthly the portions of the fund that are distributed
21   as provided by this section.
22     2.  The department shall establish a procedure for
23   the distribution of moneys in the fund to local school
24   boards to be used for the purpose of providing
25   transportation for pupils.
26     3.  The auditor of state or a certified public
27   accountant firm appointed by the auditor of state
28   shall conduct annual audits of all accounts and
29   transactions of the fund.
30     4.  Notwithstanding section 12C.7, interest or
31   earnings on investments or time deposits of the moneys
32   in the Iowa education transportation enhancement fund
33   or any of its accounts shall be credited to the Iowa
34   education transportation enhancement fund.
35     5.  Section 8.33 does not apply to moneys
36   appropriated under this section."
37     2.  Page 8, line 30, by inserting after the word
38   "plates" the following:  "with a silver or bronze star
39   processed emblem".
40     3.  Page 8, by inserting after line 32 the
41   following:
42     "NEW SUBSECTION.  28.  EDUCATION SPECIAL PLATES.
43     a.  Upon application and payment of the proper
44   fees, the director may issue to an owner referred to
45   in subsection 18, special registration plates with an
46   education processed emblem.  The processed emblem
47   shall be designed by the department in cooperation
48   with the department of education which design shall
49   include on the plate a depiction of a school building
50   and a flag.

Page 2  

 1     b.  The special school transportation fee for the
 2   education special plates is thirty-five dollars and
 3   the annual special school transportation fee is ten
 4   dollars.  The fees assessed pursuant to this paragraph
 5   are in addition to the fees for special registration
 6   plates with a processed emblem as provided by
 7   subsection 18.  Notwithstanding section 423.24, and
 8   prior to the crediting of revenues to the road use tax
 9   fund under section 423.24, subsection 1, paragraph
10   "d", the treasurer of state shall credit monthly from
11   those revenues to the Iowa education transportation
12   enhancement fund created pursuant to section 285.8A,
13   the amount of the special school transportation fees
14   collected in the previous month for the special
15   registration plates with the education processed
16   emblem."
17     4.  Page 9, by striking lines 6 through 10 and
18   inserting the following:  "name of the county except
19   plates issued for truck tractors, motorcycles,
20   motorized bicycles, travel trailers, semitrailers and
21   trailers special trucks.  The year of expiration
or
22   the date of expiration shall be displayed on vehicle
23   registration plates, except plates issued under
24   section 321.19.  Special truck".
25     5.  Title page, line 3, by striking the words
26   "plates, and" and inserting the following:  "plates,
27   special plates for education and an Iowa education
28   transportation enhancement fund, and".
29     6.  By renumbering as necessary.
Amendment H-3698 was adopted.
Harper of Black Hawk asked and received unanimous consent to
withdraw amendment H-3701 filed by her on April 3, 1995.
Warnstadt of Woodbury offered the following amendment H-3731
filed by him and moved its adoption:
H-3731
 1     Amend House File 514 as follows:
 2     1.  Page 9, lines 4 and 5, by striking the words
 3   ", including any plate issued pursuant to section
 4   321.34,".
Amendment H-3731 lost.
Eddie of Buena Vista 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. 514)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon                  	Corbett,
Spkr.
Cormack        	Cornelius      	Daggett        	Dinkla
Disney         	Doderer        	Drake          	Drees
Eddie          	Ertl           	Fallon         	Garman
Gipp           	Greig          	Greiner        	Gries
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	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
Thomson        	Teig           	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Van Maanen,
  Presiding     	 
The nays were, none.

Absent or not voting, 3:
Brammer        	Grubbs         	Hurley
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
House Joint Resolution 13, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to
the equality of rights of men and women under the law, with
report of committee recommending passage, was taken up for
consideration.
Martin of Scott moved that the joint resolution be read a last
time now and placed upon its adoption and the joint resolution
was read a last time.
House Joint Resolution 13, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to
the equality of rights of men and women under the law.
Be It Resolved By The General Assembly Of The State Of Iowa:
Section 1.  The following amendment to the Constitution of the
State of Iowa is proposed.
Section 1 of Article I of the Constitution of the State of Iowa,
is amended to read as follows:
 RIGHTS OF PERSONS.  Section 1.  All men and women are, by
nature, free and equal, and have certain inalienable rights  -
among which are those of enjoying and defending life and
liberty, acquiring, possessing and protecting property, and
pursuing and obtaining safety and happiness.
Sec. 2.  The foregoing amendment to the Constitution of the
State of Iowa is referred to the General Assembly to be chosen
at the next general election for members of the General Assembly
and the Secretary of State is directed to cause the same to be
published for three consecutive months previous to the date of
that election as provided by law.
On the question "Shall the joint resolution be adopted and
agreed to?" (H.J.R. 13)
The yeas were, 95:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Brand          	Branstad       	Brauns         	Brunkhorst 
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon                  	Corbett,
Spkr.
Cormack        	Cornelius      	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Lamberti       	Larkin         	Larson
Main           	Martin         	Mascher        	May
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt
O'Brien        	Ollie          	Rants          	Running
Salton         	Schrader       	Schulte        	Shoultz
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Witt           	Van Maanen,
		  Presiding     	
The nays were, 3:
Daggett        	Lord           	Renken
Absent or not voting, 2:
Brammer        	Hurley
The joint resolution having received a constitutional majority
was declared to have been adopted and agreed to by the House.

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Joint Resolution 13 be immediately messaged to the
Senate.
Unfinished Business Calendar
Special Order
The House resumed consideration of House File 166, a bill for an
act relating to procedures and criteria for recovery by private
property owners due to inverse condemnation of real property by
state government action and providing an applicability date,
previously deferred and placed on the Unfinished Business
Calendar, Special Order and the committee amendment H-3327
pending.
Weigel of Chickasaw offered the following amendment H-3478, to
the committee amendment H-3327, filed by him and moved its
adoption:
H-3478
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 2, line 33, by striking the word "fifty"
 4   and inserting the following:  "eighty".
Amendment H-3478 lost.
Holveck of Polk asked and received unanimous consent to withdraw
amendment H-3508, to the committee amendment H-3327, filed by
him on March 27, 1995.
Shoultz of Black Hawk offered the following amendment H-3488, to
the committee amendment H-3327, filed by him and moved its
adoption:
H-3488
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 2, by striking lines 44 through 49 and
 4   inserting the following:  "shall then indicate the
 5   amount of the recovery.  The amount shall be based on
 6   the reduction in the fair market value that plaintiff
 7   is entitled to recover offset by the amount that the
 8   property was improved due to all benefits conferred
 9   upon the property by state and local governments until
10   suit was brought and any economic losses sustained by
11   the plaintiff due to the inverse condemnation from the
12   time that the government action is taken until suit
13   was brought.  The reduction".
14     2.  Page 3, line 5, by inserting after the word
15   "taking." the following:  "The increase in the fair
16   market value of the private farm property due to
17   benefits conferred upon the property by state and
18   local governments shall be shown by specifying the
19   fair market value of the plaintiff's private farm
20   property prior to each benefit being conferred and by
21   indicating the percentage increase in value caused by
22   the benefit being conferred."
23     3.  Page 3, line 26, by inserting after the word
24   "property" the following:  "offset by the percentage
25   increase in the fair market value of the property due
26   to all benefits conferred upon the property by state
27   and local governments".
A non-record roll call was requested.
The ayes were 26, nays 51.
Amendment H-3488 lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Dinkla of Guthrie and Grubbs of Scott, until their return, on
request of Siegrist of Pottawattamie.

Bernau of Story offered the following amendment H-3439, to the
committee amendment H-3327, filed by him and moved its adoption:
H-3439
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 3, line 5, by inserting after the word
 4   "taking." the following:  "All valuations shall be
 5   calculated using the present value of the private farm
 6   property."
A non-record roll call was requested.
The ayes were 19, nays 55.
Amendment H-3439 lost.
Holveck of Polk asked and received unanimous consent to withdraw
amendment H-3505, to the committee amendment H-3327, filed by
him on March 27, 1995.
Holveck of Polk offered the following amendment H-3507, to the
committee amendment H-3327, filed by him and moved its adoption:
H-3507
 1     Amend the amendment, H-3327, to House File 166, as
 2   follows:
 3     1.  Page 3, line 13, by striking the word "forty-
 4   five" and inserting the following:  "sixty".
Amendment H-3507 was adopted.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-3442, to the committee amendment H-3327, filed by
him on March 23, 1995.
Weigel of Chickasaw offered the following amendment H-3467, to
the committee amendment H-3327, filed by him and moved its
adoption:
H-3467
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 3, line 49, by striking the words "or
 4   enforced".
Amendment H-3467 lost.
Weigel of Chickasaw offered the following amendment H-3506, to
the committee amendment H-3327, filed by him and moved its
adoption:
H-3506
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  By striking page 1, line 4, through page 3,
 4   line 49, and inserting the following:
 5     ""Section 1.  INTERIM STUDY -- REGULATION OF
 6   PRIVATE PROPERTY.
 7     The legislative council is requested to establish
 8   an interim study committee to consider issues related
 9   to the effects of state governmental regulations, and
10   especially rules adopted by state agencies, upon the
11   fair market value of private property and restrictions
12   upon the uses of that property, including but not
13   limited to property which is used for agricultural
14   purposes.  The committee shall consider the extent to
15   which state regulations may trigger constitutional
16   taking provisions requiring compensation be paid to
17   the owner under either the fifth or fourteen
18   amendments to the Constitution of the United States,
19   or Article I, section 18, of the Constitution of the
20   State of Iowa, and the extent to which owners of
21   private property should be compensated, if regulation
22   restricts an interest in property, but does not
23   trigger a constitutional taking.  The committee shall
24   review methods to encourage agencies to establish
25   procedures to minimize the impact of regulations upon
26   private property owners while carrying out purposes
27   and goals of the regulations in a practical and cost-
28   effective manner.  The committee shall report to the
29   general assembly not later than January 1, 1996.  The
30   report shall contain findings and may include
31   recommendations, including legislative proposals.""
32     2.  Title page, by striking lines 2 through 4 and
33   inserting the following:  "private property owners due
34   to constitutional takings of or use restrictions on
35   private property through governmental action by
36   providing for a study and a report to the general
37   assembly."
Amendment H-3506 lost.
Weigel of Chickasaw offered amendment H-3510, to the committee
amendment H-3327, filed by him as follows:
H-3510
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  By striking page 1, line 4, through page 3,
 4   line 49, and inserting the following:
 5     ""Section 1.  NEW SECTION.  17B.1  SHORT TITLE.
 6     This chapter shall be known and may be cited as the
 7   "Agricultural Property Protection Act."
 8     Sec. 2.  NEW SECTION.  17B.2  DEFINITIONS.
 9     As used in this section, unless the context
10   otherwise requires:
11     1.  "Buffer zone" means a permanent area, including
12   an erosion control structure or an erosion control
13   practice, which separates agricultural uses from a
14   water source, in order to mitigate the effects of
15   concentrated runoff on water quality.
16     2.  "Department" means the department of natural
17   resources as created pursuant to section 455A.2.
18     3.  "Owner" means a person other than a
19   governmental entity, who holds a fee simple interest
20   in real farm property.
21     4.  "Proposed departmental action" means an action
22   which an agency proposes to initiate by filing a
23   notice of intended action pursuant to section 17A.4,
24   or by issuing an order pursuant to chapter 17A,
25   regardless of whether the action has general or
26   specific applicability, if the action implements,
27   interprets, or prescribes law or policy, and is within
28   the department's statutory authority.
29     5.  "Real farm property" means real property which
30   is privately owned and used for agricultural purposes.
31     Sec. 3.  NEW SECTION.  17B.3  LEGISLATIVE FINDINGS
32   AND PURPOSE.
33     It is the policy of this state that an action taken
34   by the department which affects real property which is
35   privately owned and used for agricultural purposes is
36   subject to the full protection afforded by the
37   Constitution of the United States and the Constitution
38   of the State of Iowa.  The general assembly intends
39   that the department follow all procedures required to
40   ensure constitutional protection of real farm property
41   rights and reduce the burden on citizens, local
42   governments, and this state caused by actions
43   affecting real farm property, while also meeting its
44   obligation to protect the quality of this state's
45   natural environment.
46     The purpose of this chapter is to establish an
47   orderly, consistent process that better enables the
48   department to evaluate how a potential administrative
49   action may affect real farm property.  It is not the
50   purpose of this chapter to reduce or expand the scope

Page 2  

 1   of private property protection provided in the
 2   Constitution of the United States and the Constitution
 3   of the State of Iowa, as those provisions have been
 4   and may in the future be interpreted by state and
 5   federal courts of competent jurisdiction.
 6     Sec. 4.  NEW SECTION.  17B.4  ACTIONS REQUIRING
 7   DEPARTMENTAL ASSESSMENT.
 8     1.  If the department proposes taking any action
 9   that is reasonably likely to deprive an owner of a fee
10   simple interest in real farm property, or deprives an
11   owner of all productive use of the real farm property,
12   the department shall prepare an assessment that
13   includes all of the following:
14     a.  An identification of the risk created by the
15   use of the owner's real farm property to the public,
16   and a description of the goal achieved by the proposed
17   departmental action, which may include advancing a
18   public benefit or preventing a risk to the public
19   welfare, including preservation of the natural
20   environment, or protection of public health or safety.
21     b.  The anticipated effects, if any, on the public,
22   including other persons holding an interest in real
23   property, or on the natural environment, if the
24   department does not take the proposed departmental
25   action.
26     c.  An explanation justifying why the proposed
27   departmental action advances a public benefit or
28   prevents a risk to the public welfare.
29     d.  An explanation justifying why the proposed
30   departmental action is likely to result in requiring
31   the state, under applicable constitutional principles
32   and judicial opinions, to compensate the owner of the
33   real farm property, including a description of how the
34   proposed departmental action affects the use or value
35   of the real farm property.
36     e.  Alternatives, if any, to the proposed
37   departmental action that the department believes will
38   fulfill the legal obligations of the department,
39   reduce the impact on the real farm property, and
40   reduce the likelihood of requiring compensation.
41     f.  An estimate of the cost to the state for
42   compensation in the event such compensation is
43   required.
44     2.  An assessment is not required under this
45   section, unless the Iowa supreme court, the Iowa court
46   of appeals, or the United States supreme court has,
47   under similar factual circumstances, required
48   compensation to be paid.
49     3.  If the department finds an immediate threat to
50   human health or safety that constitutes an emergency

Page   3

 1   and requires an immediate response, the assessment
 2   required by this section may be delayed until after
 3   the emergency response is completed.  As used in this
 4   subsection, "emergency response" includes a rule of an
 5   emergency nature adopted under section 17A.4,
 6   subsection 2, or made effective under the provisions
 7   of section 17A.5, subsection 2, paragraph "b", or an
 8   order issued by the department requiring the owner to
 9   cease and desist.  The rule or order shall provide an
10   explanation for the emergency response.
11     4.  This section shall not apply to a proposed
12   departmental action which is one of the following:
13     a.  A licensing or permitting condition,
14   requirement, or limitation involving the use of real
15   farm property, required pursuant to state or federal
16   statute, a federal regulation, or a rule adopted
17   pursuant to chapter 17A.
18     b.  The adoption of rules under chapter 17A that is
19   reasonably likely to limit the use of real farm
20   property, required pursuant to a state or federal
21   statute, a federal regulation, or a rule adopted
22   pursuant to chapter 17A.
23     c.  An enforcement action carried out by the
24   department pursuant to a state or federal statute, a
25   federal regulation, or a rule adopted pursuant to
26   chapter 17A.
27     5.  An assessment made pursuant to this section is
28   a public record as provided in chapter 22.
29     Sec. 5.  NEW SECTION.  17B.5  SPECIAL REQUIREMENTS
30   -- CREATION OF BUFFER ZONES.
31     1.  If a proposed departmental action requires the
32   creation of a buffer zone, the department shall
33   prepare a report which shall identify the public
34   purpose or policy which is serviced by the creation of
35   the buffer zone and how the creation and maintenance
36   of the buffer zone will promote or meet that public
37   purpose or policy.  The report shall be in addition to
38   any other assessment required pursuant to this
39   chapter.
40     2.  If the department finds an immediate threat to
41   human health or safety that constitutes an emergency
42   and requires an immediate response, the report
43   required by this section may be delayed until after
44   the emergency response is completed.  As used in this
45   subsection, "emergency response" includes a rule of an
46   emergency nature adopted under section 17A.4,
47   subsection 2, or made effective under the provisions
48   of section 17A.5, subsection 2, paragraph "b", or an
49   order issued by the department requiring the owner to
50   cease and desist.  The rule or order shall provide an

Page   4

 1   explanation for the emergency response.
 2     3.  An assessment made pursuant to this section is
 3   a public record as provided in chapter 22.
 4     Sec. 6.  NEW SECTION.  17B.6  REMEDIES.
 5     If a court determines that an owner is entitled to
 6   be compensated under the Constitution of the United
 7   States or the Constitution of the State of Iowa,
 8   because of a departmental action affecting real farm
 9   property, the court shall order the department to pay
10   the owner court costs, including reasonable attorney
11   fees, if the court determines either of the following
12   applies:
13     1.  The department failed to perform an assessment
14   required pursuant to section 17B.4.
15     2.  The department completed the assessment
16   required in section 17B.4, but unreasonably failed to
17   conclude that its action was reasonably likely to
18   require compensation to be paid to the owner.
19     Sec. 7.  APPLICABILITY DATE.  This Act applies to
20   governmental action taken or proposed on or after
21   ninety days following the effective date of this Act."
22     2.  Title page, by striking lines 1 through 4 and
23   inserting the following:  "An Act relating to property
24   used for farming which is impacted by government
25   action and providing for the Act's applicability.""
Eddie of Buena Vista rose on a point of order that amendment
H-3510 was not germane, to the committee amendment H-3327.
The Speaker ruled the point well taken and amendment H-3510 not
germane, to the committee amendment H-3327.
Bernau of Story offered the following amendment H-3511, to the
committee amendment H-3327, filed by him and moved its adoption:
H-3511
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  By striking page 1, line 4, through page 3,
 4   line 49, and inserting the following:
 5     ""Section 1.  NEW SECTION.  17A.30  PRIVATE FARM
 6   PROPERTY REGULATORY FLEXIBILITY ANALYSIS.
 7     1.  For the purpose of this section, unless the
 8   context otherwise requires:
 9     a.  "Farmer" means a person who owns private farm
10   property.
11     b.  "Inverse condemnation" means the reduction in
12   the fair market value of private farm property by more
13   than fifty percent due to a proposed rule.
14     c.  "Private farm property" means any real
15   property, including farm dwellings, improvements,
16   buildings, and structures, in this state owned by a
17   person other than the state, a political subdivision,
18   or other governmental entity which is used in
19   connection with the production of agricultural
20   commodities, including, but not limited to, the
21   raising, harvesting, drying, or storage of crops; the
22   maintenance of pasture or grassland; the care or
23   feeding of livestock including poultry; the production
24   of eggs or milk; and the production of fruit or other
25   horticultural crops.
26     2.  If an agency proposes a rule which may impact
27   private farm property as an inverse condemnation, the
28   agency shall comply with the additional notice
29   provisions of subsection 3 and the analysis
30   requirements of subsection 4.
31     3.  If a proposed rule may impact private farm
32   property as an inverse condemnation, the agency shall
33   include in its notice of intended agency action
34   pursuant to section 17A.4, in the Iowa administrative
35   bulletin that the proposed rule-making may be an
36   inverse condemnation.  The agency shall notify farm
37   organizations who have registered with the agency
38   requesting notification.
39     4.  An agency shall issue a regulatory flexibility
40   analysis of a proposed rule, if the agency finds that
41   the proposed rule may impact private farm property as
42   an inverse condemnation, or if within twenty days
43   after the published notice of the proposed rule
44   adoption, a written request for the analysis is filed
45   with the appropriate agency by the administrative
46   rules review committee, the governor, a political
47   subdivision, at least twenty-five farmers, or a
48   registered organization representing at least twenty-
49   five farmers.
50     The agency in its regulatory flexibility analysis
Page 2  

 1   shall consider each of the following methods for
 2   reducing the impact of the proposed rule on private
 3   farm property:
 4     a.  Establishing less stringent compliance or
 5   reporting requirements in the rule for farmers.
 6     b.  Establishing less stringent schedules or
 7   deadlines in the rule for compliance or reporting
 8   requirements for farmers.
 9     c.  Consolidating or simplifying the rule's
10   compliance or reporting requirements for farmers.
11     d.  Establishing performance standards to replace
12   design or operational standards in the rule for
13   private farm property.
14     e.  Exempting private farm property from any or all
15   requirements of the rule.
16     f.  The nature of any reports and the estimated
17   cost of their preparation by farmers which would be
18   required to comply with the rule.
19     g.  The nature and estimated cost of other measures
20   or investments that would be required by farmers to
21   comply with the rule.
22     h.  The nature and estimated cost of any
23   professional, legal, consulting, or accounting
24   services which farmers would incur to comply with the
25   rule.
26     i.  The probable costs to the agency and to any
27   other agency of the implementation and enforcement of
28   the proposed rule and any anticipated effect on state
29   revenue.
30     j.  A comparison of the probable costs and benefits
31   of the proposed rule to the probable costs and
32   benefits of inaction.
33     k.  A determination of whether less costly methods
34   or less intrusive methods exist for achieving the
35   purpose of the proposed rule.
36     l.  A description of any alternative methods for
37   achieving the purpose of the proposed rule that were
38   seriously considered by the agency and the reasons
39   they were rejected in favor of the proposed rule.
40     5.  A concise summary of the regulatory flexibility
41   analysis must be published in the Iowa administrative
42   bulletin twenty days prior to the adoption of the
43   proposed rule.  The summary shall contain the place
44   where and the time when interested persons may make an
45   oral presentation on the analysis; and where persons
46   may obtain a full text of the analysis for the cost of
47   reproduction.  If the agency has made a good faith
48   effort to comply with the requirements of subsections
49   3 and 4, the rule may not be invalidated on the ground
50   that the contents of the regulatory flexibility
Page   3

 1   analysis are insufficient or inaccurate.
 2     6.  The agency shall reduce the impact by using a
 3   method provided or requested under subsection 4 if it
 4   finds that the methods are legal and feasible in
 5   meeting the statutory objectives which are the basis
 6   of the proposed rule.
 7     Sec. 2.  Section 17A.32, Code 1995, is amended to
 8   read as follows:
 9     17A.32  TIME LIMIT APPLICABLE TO EMERGENCY RULES.
10     A rule of an emergency nature adopted under section
11   17A.4, subsection 2, or made effective under the
12   provisions of section 17A.5, subsection 2, paragraph
13   b, is not subject to the provisions of section 17A.30
14   or 17A.31 until ninety days have elapsed from the day
15   of the emergency rule's publication.  If subsections 3
16   and 4 of section 17A.30 or subsections 3 and 4 of
17   17A.31 have not been complied with within this ninety-
18   day period, the rule is void.
19     Sec. 3.  Section 17A.33, Code 1995, is amended to
20   read as follows:
21     17A.33  REVIEW BY ADMINISTRATIVE RULES REVIEW
22   COMMITTEE.
23     The administrative rules review committee shall
24   review existing rules, as time permits, to determine
25   if there are adverse or beneficial effects from these
26   rules.  The committee shall give a high priority to
27   rules that are referred to it by twenty-five or more
28   farmers or a registered farm organization as provided
29   in section 17A.30 or a small business as defined in
30   section 17A.31.  The review of these rules shall be
31   forwarded to the appropriate standing committees of
32   the house and senate.""
A non-record roll call was requested.
The ayes were 24, nays 53.
Amendment H-3511 lost.
On motion by Mertz of Kossuth, the committee amendment H-3327,
as amended, was adopted.
Mertz of Kossuth 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. 166)
The ayes were, 72:
Arnold         	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Brand          	Branstad
Brauns         	Brunkhorst     	Carroll        	Cataldo
Churchill      	Coon                  	Corbett, Spkr.	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Drake          	Eddie          	Ertl           	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harrison       	Heaton
Houser         	Hurley         	Huseman        	Jacobs
Klemme         	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mertz          	Metcalf        	Meyer          	Millage
Mundie         	Nelson, B.      	Nutt           	O'Brien
Rants          	Renken         	Salton         	Schulte
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra
Weidman        	Welter         	Wise           	Van Maanen,
			  Presiding
The nays were, 27:
Baker          	Bernau         	Burnett        	Cohoon
Connors        	Doderer        	Drees          	Fallon
Harper         	Holveck        	Jochum         	Koenigs
Kreiman        	Mascher        	May            	McCoy
Moreland       	Murphy         	Myers          	Nelson, L.
Ollie          	Running        	Schrader       	Shoultz
Warnstadt      	Weigel         	Witt
Absent or not voting, 1:
Brammer
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate:  House
Files 166 and 514.
SENATE MESSAGE CONSIDERED
Senate File 453, by committee on human resources, a bill for
an act relating to public health by providing for measures
involving lead poisoning screening and requiring a study of lead
poisoning by the Iowa department of public health.
Read first time and referred to committee on human resources.
Regular Calendar
House File 448, a bill for an act relating to solid waste
reduction and recycling goals, was taken up for consideration.
Shoultz of Black Hawk offered the following amendment H-3387
filed by him and moved its adoption:
H-3387
 1     Amend House File 448 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  Section 455D.3, Code 1995, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  5.  FIFTY PERCENT GOAL.  A
 7   planning area shall not be required to make the
 8   capital investments necessary to achieve compliance
 9   with the fifty percent waste stream reduction and
10   recycling goal until such time as a planning area has
11   the legal right to impose flow-control restrictions."
A non-record roll call was requested.
The ayes were 24, nays 54.
Amendment H-3387 lost.
Meyer of Sac 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. 448)
The ayes were, 86:
Arnold         	Baker          	Bell           	Blodgett      
	Boddicker      	Boggess        	Bradley        	Branstad      
	Brauns         	Brunkhorst     	Carroll        	Cataldo       
	Churchill      	Cohoon         	Coon                  	Corbett,
Spkr.	Cormack        	Cornelius      	Daggett        	Dinkla    
    	Disney         	Doderer        	Drake          	Drees      
   	Eddie          	Ertl           	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          	Meyer          	Millage        	Moreland 
     	Mundie         	Murphy         	Myers          	Nelson, B.
     	Nelson, L.       	Nutt           	O'Brien        	Ollie   
      	Rants          	Renken         	Salton         	Schulte  
     	Siegrist       	Sukup          	Teig           	Thomson   
    	Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra   
   	Warnstadt      	Weidman        	Weigel	Welter         	Wise
	Van Maanen 				   Presiding         	
The nays were, 10:
Bernau         	Burnett        	Connors        	Fallon        
	Harper         	Holveck        	Running        	Schrader      
	Shoultz        	Witt           	

Absent or not voting, 4:
Brammer        	Brand 	Garman	Metcalf         	      	         

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

HOUSE FILE 527 WITHDRAWN
Hurley of Fayette asked and received unanimous consent to
withdraw House File 527 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 448 be immediately messaged to the Senate.
House File 340, a bill for an act providing for the operation of
snowmobiles and all-terrain vehicles by defining public land,
with report of committee recommending passage, was taken up for
consideration.
O'Brien of Boone 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. 340)
The ayes were, 98:
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        	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     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	  Presiding
The nays were, none.
Absent or not voting, 2:
Brammer        	Corbett, Spkr.
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 340 be immediately messaged to the Senate.
House File 115, a bill for an act relating to refreshments in
rest areas during holiday periods, with report of committee
recommending passage, was taken up for consideration.
Arnold of Lucas offered the following amendment H-3139 filed by
the committee on transportation and moved its adoption:
H-3139
 1     Amend House File 115 as follows:
 2     1.  Page 1, line 6, by inserting after the word
 3   "nonintoxicating" the following:  ", noncarbonated".
 4     2.  Page 1, line 7, by striking the word
 5   "prepared" and inserting the following:  "dispensed".
 6     3.  Page 1, line 8, by striking the words "or
 7   group".
 8     4.  Page 1, line 9, by striking the words "or
 9   group".
10     5.  Page 1, line 16, by striking the words "and
11   groups".
12     6.  Page 1, line 17, by inserting after the word
13   "motorists" the following:  "and to accept, without
14   active solicitation, voluntary donations from
15   motorists".
16     7.  Page 1, line 19, by inserting after the word
17   "department." the following:  "The department shall
18   approve or disapprove applications by nonprofit
19   organizations, and notify those nonprofit
20   organizations, at least sixty days prior to the
21   holiday period."
The committee amendment H-3139 was adopted.
Speaker Corbett in the chair at 4:49 p.m.
Boddicker of Cedar offered the following amendment H-3504 filed
by him and Arnold and moved its adoption:
H-3504
 1     Amend House File 115 as follows:
 2     1.  Page 1, line 7, by inserting after the word
 3   "canned," the following:  "doughnuts,".
 4     2.  Page 1, line 12, by striking the words "six
 5   p.m." and inserting the following:  "noon".
 6     3.  Page 1, line 13, by striking the words "six
 7   p.m. on Monday" and inserting the following:
 8   "midnight between the Monday and Tuesday".
 9     4.  Page 1, line 14, by striking the words "six
10   p.m." and inserting the following:  "noon".
11     5.  Page 1, by striking line 15 and inserting the
12   following:  "July 1 and ending at midnight between
13   July 6 and July 7."
Amendment H-3504 was adopted.
Drake of Pottawattamie offered amendment H-3404 filed by Drake,
et. al., as follows:
H-3404
 1     Amend House File 115 as follows:
 2     1.  Page 1, by inserting after line 22 the
 3   following:
 4     "Sec. 2.  The Iowa department of economic
 5   development, in consultation with the state department
 6   of transportation and the department for the blind,
 7   shall develop a program at rest areas, as defined in
 8   section 306C.10, for the promotion of agricultural
 9   products produced in Iowa."
10     2.  Title page, by striking lines 1 through 2 and
11   inserting the following:  "An Act relating to rest
12   areas by permitting refreshments during holiday
13   periods and concerning the promotion of Iowa
14   agricultural products."
Blodgett of Cerro Gordo offered the following amendment H-3768,
to amendment H-3404, filed by him from the floor and moved its
adoption:
H-3768
 1     Amend the amendment, H-3404, to House File 115 as
 2   follows:
 3     1.  Page 1, line 9, by inserting after the word
 4   "Iowa." the following:  "Any program to promote
 5   agricultural products produced in Iowa shall not be
 6   conducted during holiday periods as defined in section
 7   314.27."
Amendment H-3768 was adopted.
On motion by Drake of Pottawattamie, amendment H-3404, as
amended, was adopted.
Arnold of Lucas 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. 115)
The ayes were, 97:
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          	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
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Mr. Speaker
   Corbett
The nays were, none.
Absent or not voting, 3:
Brammer        	Drees          	Moreland
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 115 be immediately messaged to the Senate.
House File 508, a bill for an act relating to underground
storage tanks by increasing the environmental protection charge,
providing for the use of risk-based corrective action standards,
expanding property transfer insurance and loan guarantees,
extending the compliance date for upgrade requirements, creating
marketability and innocent landowner funds and providing
benefits, requiring certification of groundwater professionals
and creating a penalty, requiring a study, and providing for
repeals, and implementation, effective date, and retroactive
applicability provisions, was taken up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 508 be deferred and that the bill be placed on
the unfinished business calendar.
House File 447, a bill for an act relating to certain state
purchasing procedures and charges for publications involving the
department of general services, was taken up for consideration.
Larkin of Lee offered the following amendment H-3350 filed by
him and Drake and moved its adoption:
H-3350
 1     Amend House File 447 as follows:
 2     1.  Page 4, by striking lines 1 through 10.
 3     2.  Page 4, by striking lines 20 through 26.
 4     3.  By renumbering as necessary.
Amendment H-3350 was adopted.
Drake of Pottawattamie 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. 447)
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          	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          	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     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Mr. Speaker
			  Corbett
The nays were, none.
Absent or not voting, 4:
Brammer        	Drees          	Mertz          	Moreland
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 447 be immediately messaged to the Senate.
House File 430, a bill for an act relating to rules adopted by
the department of human services pertaining to child day care
meals, with report of committee recommending passage, was taken
up for consideration.
Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-3716, filed by Mascher, et. al., on April
4, 1995.
Hammitt of Harrison 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. 430)
The ayes were, 88:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Doderer        	Drake
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          	Metcalf 
Meyer          	Millage        	Mundie         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien
Ollie          	Rants          	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, 4:
Disney         	Murphy         	Renken         	Running
Absent or not voting, 8:
Brammer        	Connors        	Drees          	Eddie
Mertz          	Moreland       	Vande Hoef     	Weidman
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 430 be immediately messaged to the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 5:20 p.m., until 6:30 p.m.
EVENING SESSION
The House reconvened at 6:45 p.m., Speaker Corbett in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed eighty members present, twenty
absent.
Siegrist of Pottawattamie in the chair at 6:53 p.m.
CONSIDERATION OF BILLS
Regular Calendar
House File 518, a bill for an act relating to authorization of
price regulation for utilities providing communications
services, was taken up for consideration.
The House stood at ease at 7:00 p.m., until the fall of the
gavel.
The House reconvened at  7:52 p.m., Speaker Corbett in the chair.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 518 be deferred and that the bill be placed on
the unfinished business calendar.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on Tuesday,
April 4, 1995. Had I been present, I would have voted "aye" on
House File 337. 
BRADLEY of Clinton
I was necessarily absent from the House chamber on Tuesday,
April 4, 1995. Had I been present, I would have voted "nay" on
H-3563 to House File 519.
LARSON of Linn
I was necessarily absent from the House chamber on Tuesday,
April 4, 1995. Had I been present, I would have voted "nay" on
House File 519.
MORELAND of Wapello
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Forty seventh and eighth grade students from Holmes Junior High
School, Cedar Falls, accompanied by Dave Andieesen. By Witt of
Black Hawk.
Seventy high school students from Johnston High School,
accompanied by Mr. Jerry Stratton. By Churchill of Polk.
Thirty eight fifth and sixth grade students from Kanawha,
accompanied by Alan Miller and Marilyn Ziegler. By Branstad of
Winnebago.
Thirty High School and German Exchange Students from Underwood
High School, accompanied by Ed Hawks. By Siegrist and Drake of
Pottawattamie and Hammitt of Harrison.
Thirty-five eighth grade students from MFL-MarMac Middle School,
McGregor. By Halvorson of Clayton.
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\177	Randy Pugh, Columbus Junction - For receiving 3rd place
in the 140 lb. weight class at the National High School
Wrestling Championship.
1995\178	Jeremy Haskovec, New Hampton Community High School -
For receiving 3rd place in the Class 2A, 152 lb. division of the
State Wrestling Tournament.
1995\179	David Hackman, New Hampton Community High School - For
receiving 3rd place in the Class 2A, 135 lb. division of the
State Wrestling Tournament.
1995\180	Zac Weiglein, New Hampton Community High School - For
receiving 3rd place in the Class 2A, 103 lb. division of the
State Wrestling Tournament.      
SUBCOMMITTEE ASSIGNMENTS
House File 472
Appropriations: Millage, Chair; Gipp and Murphy.
House File 506
Ways and Means: Teig, Chair; Larkin and Nutt.
House File 516
Appropriations: Brauns, Chair; Koenigs and Kremer.
House File 539
Appropriations: Wise, Chair; Grundberg and Hanson.
House Concurrent Resolution 29
State Government: Tyrrell, Chair; Larkin and Renken.
House Concurrent Resolution 37
Agriculture: Koenigs, Chair; Main and Meyer.
Senate File 79
Agriculture: Burnett, Chair; Boggess and Heaton.
Senate File 168
Human Resources: Boddicker, Chair; Burnett and Salton.
Senate File 291
Transportation: Welter, Chair; Branstad and Mundie.
Senate File 347
Commerce-Regulation: Metcalf, Chair; Holveck and Van Fossen.
Senate File 354
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
Senate File 358
Judiciary: Lamberti, Chair; Kreiman and Veenstra.
Senate File 402
Agriculture: Drees, Chair; Greig and Main.
Senate File 410
Commerce-Regulation: Metcalf, Chair; Doderer and Sukup.
Senate File 427
Appropriations: Millage, Chair; Gipp and Moreland.
Senate File 443
Judiciary: Kremer, Chair; Bell and Schulte.
Senate File 450
Human Resources: Veenstra, Chair; Harper and Lord.
Senate File 454
Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and
Witt.
Senate File 457
Judiciary: Nutt, Chair; Bernau and Coon.
Senate Concurrent Resolution 20
Agriculture: Salton, Chair; Fallon and Greiner.
      HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 326 Judiciary
To legalize the proceedings taken by the board of supervisors
and county auditor of Mahaska county regarding the levy of a
local option sales tax to finance the construction and
maintenance of a county jail and providing an effective date. 
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
Senate File 462, 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.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3765, April 5,
1995.
COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senate File 286, a bill for an act concerning workers'
compensation by providing for the computing of gross weekly
earnings for volunteer ambulance drivers, emergency medical
technician trainees, and seasonal workers, and relating to
judicial review of workers' compensation contested cases.
Fiscal Note is not required.
Recommended Do Pass April 5, 1995.
COMMITTEE ON STATE GOVERNMENT
House Concurrent Resolution 29, a concurrent resolution urging
the Congress of the United States to allow retired members of
the United States Armed Forces who have a service-connected
disability to concurrently receive retired pay and disability
compensation.
Fiscal Note is not required.
Recommended Do Pass and laid over under Rule 25 April 5, 1995.
Senate File 106, a bill for an act to provide disaster leave for
certain state employees.
Fiscal Note is not required.
Recommended Do Pass April 5, 1995. 
Senate File 152, a bill for an act relating to the name of those
persons who engage in the practice of podiatry.
Fiscal Note is not required.
Recommended Do Pass April 5, 1995. 
Senate File 164, a bill for an act relating to the meetings of
the commission on the status of African-Americans.
Fiscal Note is not required.
Recommended Do Pass April 5, 1995.
Senate File 197, a bill for an act relating to the
confidentiality of financial information provided to the
department of agriculture and land stewardship and providing an
effective date.
Fiscal Note is not required.
Recommended Do Pass April 5, 1995.
Senate File 204, a bill for an act relating to the hours for
sale of alcoholic beverages on Sundays.
Fiscal Note is not required.
Recommended Do Pass April 5, 1995.
Senate File 400, a bill for an act providing for the
reincorporation of nonprofit corporations and providing for
retroactive applicability and effective dates.
Fiscal Note is not required.
Recommended Do Pass April 5, 1995.
Senate File 437, a bill for an act relating to the entitlement
to benefits and dividends under the Iowa public employees'
retirement system.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3766 April 5,
1995.
Senate Concurrent Resolution 23, a concurrent resolution urging
support of public broadcasting in Iowa.
Fiscal Note is not required.
Recommended Do Pass and laid over under Rule 25 April 5, 1995.
COMMITTEE ON TRANSPORTATION
Senate File 214, a bill for an act to provide greater protection
for consumers who purchase or lease motor vehicles and providing
effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3767 April 5,
1995.
Senate File 311, a bill for an act relating to symbols
indicating medical directives on a validation document for
license renewal by mail and on a driver's license or
nonoperator's identification card.
Fiscal Note is not required.
Recommended Do Pass April 5, 1995.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House File 223), defining multiple
housing cooperatives as residential property for purposes of
assessing the value of the property for taxation purposes.
Fiscal Note is not required.
Recommended Amend and Do Pass April 5, 1995. 
Committee Bill (Formerly House File 497), relating to the
recapture tax on property maintained as a fruit-tree or forest
reservation for which a property tax exemption was granted and
providing effective and applicability date provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass April 5, 1995.
Committee Bill (Formerly House Study Bill 322), relating to the
definition of entities eligible for property tax exemption for
construction of speculative shell buildings.
Fiscal Note is not required.
Recommended Amend and Do Pass April 5, 1995. 
Committee Bill (Formerly House Study Bill 325), 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.
Fiscal Note is not required.
Recommended Amend and Do Pass April 5, 1995.
AMENDMENTS FILED
H-3752	H.F.	518	Brand of Benton
H-3753	H.F.	518	Holveck of Polk
H-3754	H.F.	479	Brauns of Muscatine
H-3755	H.F.	508	Shoultz of Black Hawk
			Witt of Black Hawk
H-3756	H.F.	512	Fallon of Polk
H-3757	H.F.	512	Fallon of Polk
H-3758	H.F.	512	Fallon of Polk
H-3759	H.F.	553	Vande Hoef of Osceola
H-3760	S.F.	290	Welter of Jones
H-3761	S.F.	391	Weidman of Cass
H-3762	S.F.	458	Grundberg of Polk
H-3763	H.F.	486	Bradley of Clinton
			Ollie of Clinton
H-3764	H.F.	512	Baker of Polk
			Nelson of Marshall
H-3765	S.F.	462	Committee on
			  Appropriations
H-3766	S.F.	437	Committee on State
			  Government
H-3767	S.F.	214	Committee on
			  Transportation
H-3769	H.F.	518	Dinkla of Guthrie
			Lamberti of Polk
			Renken of Grundy
H-3770	H.F.	518	Rants of Woodbury
			Metcalf of Polk
H-3771	H.F.	518	Dinkla of Guthrie
			Renken of Grundy
			Lamberti of Polk
			Bell of Jasper
			Carroll of Poweshiek
H-3772	H.F.	486	Van Fossen of Scott
H-3773	H.F.	495	Houser of Pottawattamie
H-3774	H.F.	518	Brand of Benton
H-3775	H.F.	518	Brand of Benton
H-3776	H.F.	534	Running of Linn
H-3777	H.F.	222	Jacobs of Polk
	Myers of Johnson		Hammitt of Harrison
	Vande Hoef of Osceola		Siegrist of Pottawattamie
	Bell of Jasper		Jochum of Dubuque
	Nelson of Pottawattamie		Rants of Woodbury
	Wise of Lee			Carroll of Poweshiek
	Warnstadt of Woodbury		Heaton of Henry
	Brand of Benton
On motion by Siegrist of Pottawattamie, the House adjourned at
7:55 p.m. until 8:45 a.m., Thursday, April 6, 1995.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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