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House Journal: Monday, May 1, 1995

One Hundred thirteenth Calendar Day - Seventy-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, May 1, 1995
The House met pursuant to adjournment at 1:00 p.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Doug Raymond, Church of Christ,
Rising Sun.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Reverend Doug Raymond.
The Journal of Friday, April 28, 1995 was approved.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 29, 1995, amended and passed the
following bill in which the concurrence of the House is asked:
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, relating
to cost recovery, 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.
Also: That the Senate has on April 29, 1995, concurred in the
House amendment to the state amendment, and passed the following
bill in which the concurrence of the Senate was asked:
House File 519, a bill for an act providing for the regulation
of animal feeding operations, fees, the expenditure of moneys,
penalties, and an effective date.
Also: That the Senate has on April 29, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 578, a bill for an act relating to the Iowa
communications network by providing for the connection and
support of certain Part III users, directing the commission to
develop a request for proposals for additional connections,
making appropriations, and making related statutory changes.
JOHN F. DWYER, Secretary
HOUSE FILES 580, 581 AND 582 WITHDRAWN
Dinkla of Guthrie asked and received unanimous consent to
withdraw House Files 580, 581 and 582 from further consideration
by the House.
The House stood at ease at 1:19 p.m., until the fall of the
gavel.
The House reconvened at 2:53 p.m., Speaker Corbett in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Daggett of Union, until his return, on request of Siegrist of
Pottawattamie.
HOUSE REFUSED TO CONCUR
Lamberti of Polk called up for consideration House File 572, a
bill for an act relating to imposing a prison and jail surcharge
on scheduled fines and forfeitures and providing for the
appropriation and disposition of the proceeds from the surcharge
for prisons and jails, amended by the Senate, and moved that the
House concur in the following Senate amendment H-4169:
H-4169
 1     Amend House File 572, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting after line 8 the
 4   following:
 5     Sec. ___.  NEW SECTION.  321.218A  CIVIL PENALTY --
 6   DISPOSITION -- REINSTATEMENT.
 7     When the department receives a record of a person's
 8   conviction for a violation of section 321.218, the
 9   department shall assess the person a civil penalty of
10   two hundred dollars.  The money collected by the
11   department under this section shall be transmitted to
12   the treasurer of state who shall deposit one-half of
13   the money in the separate fund established in section
14   912.14 and one-half of the money shall be deposited in
15   the general fund of the state.  A temporary restricted
16   license shall not be issued or a motor vehicle license
17   or nonresident operating privilege reinstated until
18   the civil penalty has been paid.
19     Sec. ___.  NEW SECTION.  321.561A  CIVIL PENALTY --
20   DISPOSITION -- REINSTATEMENT.
21     When the department receives a record of a person's
22   conviction for a violation of section 321.561, the
23   department shall assess the person a civil penalty of
24   two hundred dollars.  The money collected by the
25   department under this section shall be transmitted to
26   the treasurer of state who shall deposit one-half of
27   the money in the separate fund established in section
28   912.14 and one-half of the money shall be deposited in
29   the general fund of the state.  A temporary restricted
30   license shall not be issued or a motor vehicle license
31   or nonresident operating privilege reinstated until
32   the civil penalty has been paid.
33     Sec. ___.  NEW SECTION.  321A.32A  CIVIL PENALTY --
34   DISPOSITION -- REINSTATEMENT.
35     When the department receives a record of a person's
36   conviction for a violation of section 321A.32,
37   paragraph 1, the department shall assess the person a
38   civil penalty of two hundred dollars.  The money
39   collected by the department under this section shall
40   be transmitted to the treasurer of state who shall
41   deposit one-half of the money in the separate fund
42   established in section 912.14 and one-half of the
43   money shall be deposited in the general fund of the
44   state.  A temporary restricted license shall not be
45   issued or a motor vehicle license or nonresident
46   operating privilege reinstated until the civil penalty
47   has been paid.
48     Sec. ___.  NEW SECTION.  331.430A  COUNTY SECURITY
49   FUND.
50     1.  A county security fund may be established in

Page 2  

 1   each county.  The fund shall consist of receipts of
 2   county security fees taxed and collected by the clerk
 3   of the district court and paid to the county
 4   treasurer.  The fund shall be administered by the
 5   county sheriff to provide for the salaries, benefits,
 6   equipment, and training of security staff and for the
 7   purchase and maintenance of security equipment for the
 8   county facilities, including the reimbursement of
 9   security-related expenditures for county facilities
10   incurred prior to the effective date of this Act.
11   Expenditures from the fund are subject to approval of
12   the board of supervisors.
13     2.  Moneys in the county security fund shall be
14   used for security-related expenditures including, but
15   not limited to, the purchase and maintenance of x-ray
16   machines and conveying systems; handheld metal
17   detectors; walk-through metal detectors;
18   identification cards and systems; electronic locking
19   and surveillance equipment; salaries, benefits,
20   uniforms, firearms, training, and other necessary
21   equipment for the performance of duties for deputy
22   sheriffs or private security staff assigned to provide
23   security at county facilities; signage; evidence
24   security and inventory systems; security hardware and
25   equipment necessary or commonly used in video
26   arraignment systems; and reimbursement for security-
27   related expenditures incurred prior to the effective
28   date of this Act.
29     3.  In each county which has established a county
30   security fund, the courthouse security fee shall be
31   taxed pursuant to sections 625.8A and 815.14 as a
32   court cost by the clerk of the district court to each
33   civil action filed in the district court and each
34   criminal complaint, indictment, or citation if the
35   defendant is convicted or pleads guilty to the offense
36   contained in the complaint, indictment, or citation.
37     4.  The county security fee shall not be taxed as a
38   court cost for a parking violation."
39     2.  Page 1, by inserting after line 31 the
40   following:
41     "Sec. ___.  NEW SECTION.  625.8A  COUNTY SECURITY
42   FEE.
43     1.  In each county which has established a county
44   security fund, the clerk of the district court shall
45   tax as a court cost a fee of three dollars for each
46   civil action filed in the district court.  Except as
47   provided in subsection 2, the fee shall be collected
48   at the time that a civil action is filed.  The revenue
49   from the fees provided for in this section shall be
50   deposited in the county's county security fund created

Page 3

 1   in section 331.430A.
 2     2.  In a civil action brought by the state or a
 3   political subdivision of the state in which the state
 4   or the political subdivision of the state is a
 5   prevailing party, the fee shall be taxed and collected
 6   against the party which does not prevail.  A county is
 7   not liable for payment of the county security fee."
 8     3.  Page 2, by inserting after line 19 the
 9   following:
10     "Sec. ___.  NEW SECTION.  815.14  COUNTY SECURITY
11   FEE.
12     1.  In each county which has established a county
13   security fund, the clerk of the district court shall
14   tax as a court cost the following fees, as applicable,
15   to each criminal complaint, indictment, or citation
16   filed in the district court, if the defendant is
17   convicted or pleads guilty to the offense contained in
18   the complaint, indictment, or citation:
19     a.  A fee of five dollars for each felony offense.
20     b.  A fee of three dollars for each misdemeanor
21   offense or uniform citation and complaint issued
22   pursuant to chapter 805 except as provided in
23   paragraph "c".
24     c.  A fee of one dollar for each uniform citation
25   and complaint issued pursuant to chapter 805 for which
26   a court appearance is not required or requested.
27     2.  The revenue from the fees provided for in this
28   section shall be deposited in the county's county
29   security fund created in section 331.430A.  The fee
30   shall not be taxed as a court cost for a parking
31   violation."
32     4.  Page 4, line 11, by striking the word "all"
33   and inserting the following:  "one dollar of the
34   surcharge shall be transferred to the clerk of the
35   district court for the county in which the violation
36   occurred to defray the costs associated with
37   collecting the surcharge and nine dollars".
38     5.  Page 4, by striking lines 12 through 15 and
39   inserting the following:  "transferred to the general
40   fund of the state."
41     6.  Page 4, line 20, by striking the words "Five
42   dollars" and inserting the following:  "Four dollars
43   and fifty cents".
44     7.  Page 4, by striking lines 21 through 24 and
45   inserting the following:  "the general fund of the
46   state."
47     8.  Page 4, line 25, by striking the words "Five
48   dollars" and inserting the following:  "Four dollars
49   and fifty cents".
50     9.  Page 4, by inserting after line 29 the

Page 4

 1   following:
 2     "c.  One dollar of the surcharge shall be
 3   transferred to the clerk of the district court for the
 4   county in which the violation occurred to defray the
 5   costs associated with collecting the surcharge."
 6     10.  Page 4, line 34, by striking the words "five
 7   dollars" and inserting the following:  "four dollars
 8   and fifty cents".
 9     11.  By striking page 4, line 35, through page 5,
10   line 3, and inserting the following:  "to the general
11   fund of the state.  Four dollars and fifty cents of
12   the".
13     12.  Page 5, line 10, by striking the words "the
14   entire" and inserting the following:  "nine dollars of
15   the".
16     13.  Page 5, line 15, by striking the words "the
17   entire" and inserting the following:  "nine dollars of
18   the".
19     14.  Page 5, by inserting after line 19 the
20   following:
21     "c.  One dollar of the surcharge shall be
22   transferred to the clerk of the district court for the
23   county in which the violation occurred to defray the
24   costs associated with collecting the surcharge."
25     15.  Title page, line 1, by inserting after the
26   word "imposing" the following:  "a civil penalty for
27   certain motor vehicle license revocations, imposing".
28     16.  Title page, line 4, by inserting after the
29   word "jails" the following:  "and the district court,
30   providing for the creation of a county security fund,
31   the imposition of courthouse security fees as a court
32   cost, and providing for the purchase and maintenance
33   of county security equipment and the administration of
34   the county security fund, and providing effective and
35   applicability dates".
36     17.  By renumbering as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-4169.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 572 be immediately messaged to the Senate.
SENATE AMENDMENTS CONSIDERED
Gipp of Winneshiek called up for consideration 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, relating to cost
recovery, 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, amended by the Senate
amendment H-4177 as follows:
H-4177
 1     Amend House File 508, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 2, by striking lines 5 through 16 and
 4   inserting the following:
 5     "2.  "Corrective action" means an action taken to
 6   reduce, minimize, eliminate, clean up, control, or
 7   monitor a release to protect the public health and
 8   safety or the environment.  Corrective action includes
 9   both passive and active systems:
10     a.  Passive systems include only soil monitoring,
11   groundwater monitoring, natural attenuation, natural
12   biodegradation, and site management practices.  A
13   passive system must be conducted under the direction
14   of a registered groundwater professional.
15     b.  Active systems include, but are not limited to,
16   excavation of an underground storage tank for purposes
17   of repairing a leak or removal of a tank, removal of
18   contaminated soil, disposal or processing of
19   contaminated soil, cleansing of groundwaters or
20   surface waters, enhanced bioremediation, and
21   institutional controls.  An active system must be
22   conducted under the direction of a professional
23   engineer registered under chapter 542B.
24     Corrective action does not include replacement of
25   an underground storage tank.  Corrective action
26   specifically excludes third-party liability."
27     2.  Page 8, by inserting after line 7 the
28   following:
29     "Sec. ___.  Section 455G.9, subsection 4, paragraph
30   a, Code 1995, is amended to read as follows:
31     a.  An owner or operator who reports a release to
32   the department of natural resources after May 5, 1989,
33   and on or before October 26, 1990, shall be required
34   to pay the following copayment amounts:
35     (1)  If the owner or operator has a net worth of
36   one hundred thousand dollars or less and owns no more
37   than one site, the owner or operator shall pay no more
38   than eighteen percent of the total costs of corrective
39   action for that release.  For purposes of this
40   subparagraph, "net worth" means the fair market value
41   of the site, which shall include an adjustment for
42   anticipated benefits under this section.
43     (1) (2)  If a site's total anticipated expenses
are
44   not reserved for more than, or actual expenses do not
45   exceed, eighty thousand dollars, the owner or operator
46   shall pay the greater of five thousand dollars or
47   eighteen percent of the total costs of corrective
48   action for that release.
49     (2) (3)  If a site's total anticipated expenses
are
50   reserved for more than, or actual expenses exceed,

Page 2  

 1   eighty thousand dollars, the owner or operator shall
 2   pay the amount as designated in subparagraph (1) (2)
 3   plus thirty-five percent of the total costs of the
 4   corrective action for that release which exceed eighty
 5   thousand dollars."
 6     3.  By renumbering, relettering, or redesignating
 7   and correcting internal references as necessary.
Gipp of Winneshiek offered the following amendment H-4180, to
the Senate amendment H-4177, filed by him and Witt from the
floor and moved its adoption:
H-4180
 1     Amend the Senate amendment, H-4177, to House File
 2   508, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 3 through 26.
 5     2.  By renumbering as necessary.
Amendment H-4180 was adopted.
On motion by Gipp of Winneshiek, the House concurred in the
Senate amendment H-4177, as amended.
Gipp of Winneshiek moved that the bill, as amended by the
Senate, further amended and agreed to by the House, be read a
last time now and placed upon its passage which motion prevailed
and the bill was read a last time.
On the question "Shall the bill pass?" (H.F. 508)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Coon                  	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
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Van Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Mr. Speaker
  Corbett
The nays were, none.
Absent or not voting, 3:
Brammer        	Connors        	Daggett
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 508 be immediately messaged to the Senate. 
Millage of Scott called up for consideration House File 518, a
bill for an act relating to authorization of price regulation
for utilities providing communications services, amended by the
Senate amendment H-4176, as follows:
H-4176
 1     Amend House File 518, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 476.1D, Code 1995, is amended
 6   by adding the following new subsection:
 7     NEW SUBSECTION.  10.  The board, at the request of
 8   a long distance telephone company, shall classify such
 9   company as a competitive long distance telephone
10   company if more than half of the company's revenues
11   from its Iowa intrastate telecommunications services
12   and facilities are received from services and
13   facilities that the board has determined to be subject
14   to effective competition.  The board shall promptly
15   notify the director of revenue and finance that a long
16   distance telephone company has been classified as a
17   competitive long distance telephone company.  Upon
18   such notification by the board, the director of
19   revenue and finance shall assess the property of such
20   competitive long distance telephone company, which
21   property is first assessed for taxation in this state
22   on or after January 1, 1996, in the same manner as all
23   other property assessed as commercial property by the
24   local assessor under chapters 427, 427A, 427B, 428,
25   and 441.  As used in this section, "long distance
26   telephone company" means an entity that provides
27   telephone service and facilities between local
28   exchanges, but does not include a cellular service
29   provider or a local exchange utility holding a
30   certificate issued under section 476.29, subsection
31   12."
32     2.  Page 7, by striking lines 30 through 32 and
33   inserting the following:  "intrastate access service
34   rates by at least fifty percent of the difference
35   between average intrastate access service rates and
36   average interstate access service rates as of the date
37   that the plan is filed and further reduce such rates
38   to the average interstate access service rates within
39   ninety days of the date that the plan becomes
40   effective."
41     3.  Page 12, line 6, by inserting after the word
42   "subsection." the following:  "A local exchange
43   carrier which elects to become price regulated under
44   this subsection shall also be subject to subsections 5
45   through 8 and subsection 10 in the same manner as a
46   local exchange carrier which operates under an
47   approved plan of price regulation submitted pursuant
48   to subsection 1."
49     4.  Page 14, by inserting after line 15 the
50   following:

Page 2  

 1     "   .  A local exchange carrier which elects to
 2   become price regulated under this subsection shall
 3   also be subject to the following:
 4     (1)  The local exchange carrier shall not be
5   subject to rate-of-return regulation while operating
 6   under price regulation.
 7     (2)  All regulated services shall be provided
 8   pursuant to board-approved tariffs.
 9     (3)  All new regulated service offerings shall be
10   reported to the board.
11     (4)  Rates may be adjusted by the board to reflect
12   any changes in revenues, expenses, and investment due
13   to exogenous factors beyond the control of the local
14   exchange carrier."
15     5.  Page 14, by inserting after line 26 the
16   following:
17     "   .  This subsection shall not be construed to
18   prohibit an additional decrease or to permit any
19   increase in a local exchange carrier's average
20   intrastate access service rates during the term of the
21   local exchange carrier's operation under price
22   regulation."
23     6.  Page 14, lines 30 and 31, by striking the
24   words "a plan of".
25     7.  Page 15, by striking lines 15 through 17 and
26   inserting the following:
27     "In addition to the provisions required in section
28   476.30B, a local exchange carrier, prior to operating
29   under price regulation, shall make provision for the
30   following:"
31     8.  By striking page 15, line 35, through page 16,
32   line 5, and inserting the following:  "affiliates.  A
33   local telecommunications facility, feature, function,
34   or capability of the local exchange carrier's network
35   is an essential facility if all of the following
36   apply:
37     a.  Competitors cannot practically or economically
38   duplicate the facility, feature, function, or
39   capability, or obtain the facility, feature, function,
40   or capability from another source.
41     b.  The use of the facility, feature, function, or
42   capability by potential competitors is technically and
43   economically feasible.
44     c.  Denial of the use of the facility, feature,
45   function, or capability by competitors is
46   unreasonable.
47     d.  The facility, feature, function, or capability
48   will enable competition."
49     9.  By striking page 18, line 29, through page 19,
50   line 19, and inserting the following:  "providers."

Page 3

 1     10.  Renumber and relettering as necessary.
Brand of Benton offered amendment H-4179, to the Senate
amendment H-4176, filed by him from the floor as follows:
H-4179
 1     Amend the Senate amendment, H-4176, to House File
 2   518, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 3 through 31.
 5     2.  By renumbering as necessary.
Ertl of Dubuque in the chair at 3:55 p.m.
Speaker Corbett in the chair at 4:02 p.m.
Brand of Benton moved the adoption of  amendment H-4179, to the
Senate amendment H-4176.
 Roll call was requested by Schrader of Marion and Bernau of
Story.
On the question "Shall amendment H-4179, to the Senate amendment
H-4176, be adopted?" (H.F. 518)
The ayes were, 33:
Arnold         	Bernau         	Brand          	Brunkhorst
Burnett        	Cohoon         	Coon           	Cormack
Doderer        	Drees          	Ertl           	Fallon
Garman         	Harper         	Heaton         	Holveck
Houser         	Jochum         	Klemme         	Koenigs
Kreiman        	Mascher        	Mertz          	Millage
Myers          	Nelson, L.       	O'Brien        	Ollie
Schrader       	Tyrrell        	Weigel         	Wise
Witt
The nays were, 62:
Baker          	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Branstad       	Brauns
Carroll        	Cataldo        	Churchill             	Cornelius
Dinkla         	Disney         	Drake          	Eddie
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harrison       	Hurley
Huseman        	Jacobs         	Kremer         	Lamberti
Larkin         	Larson         	Lord           	Main
Martin         	May            	McCoy          	Metcalf
Meyer          	Moreland       	Mundie         	Nelson, B.
Nutt           	Rants          	Renken         	Running
Salton         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Van Fossen     	Van Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Welter         	Mr. Speaker
	  Corbett
Absent or not voting, 5:
Brammer        	Connors        	Daggett        	Murphy 
Shoultz
Amendment H-4179 lost.

Weigel of Chickasaw offered the following amendment H-4181, to
the Senate amendment H-4176, filed by him from the floor and
moved its adoption:
H-4181
 1     Amend the Senate amendment, H-4176, to House File
 2   518, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by inserting before line 32, the
 5   following:
 6     "Each county treasurer shall be paid an amount
 7   equal to the amount of the public utility property tax
 8   replacement claim as calculated pursuant to section
 9   476.1E.
10     Sec. ___.  NEW SECTION.  476.1E  DEPARTMENT OF
11   REVENUE AND FINANCE AND COUNTY AUDITOR DUTIES.
12     1.  On or before July 1 of each year, the
13   department of revenue and finance shall determine the
14   total valuation of all property assessed under section
15   476.1D, subsection 10, for that year and the valuation
16   of such property if it were assessed as of January 1,
17   1995, and shall report the valuations to the county
18   auditor.
19     2.  On or before July 1, 1997, and on or before
20   July 1 of each subsequent year, the county auditor
21   shall prepare a statement listing for each taxing
22   district in the county:
23     a.  Beginning with the assessment year beginning
24   January 1, 1996, the difference between the assessed
25   valuations of property assessed pursuant to section
26   476.1D, subsection 10, and the assessed value of such
27   property if it were assessed as of January 1, 1995.
28   The auditor shall make other adjustments as directed
29   by rule of the department of revenue and finance.
30     b.  The tax levy rate for each taxing district for
31   the fiscal year.
32     c.  If the calculation under paragraph "a"
33   indicates a net decrease in aggregate valuation of
34   such property, the public utility property tax
35   replacement claim for each taxing district is equal to
36   the net decrease determined pursuant to paragraph "a",
37   multiplied by the tax rate specified in paragraph "b".
38     3.  The county auditor shall certify and forward
39   one copy of the statement to the department of revenue
40   and finance not later than July 1 of each year.
41     Sec. ___.  NEW SECTION.  476.1F  FUND CREATED.
42     1.  The public utility property tax replacement
43   fund is created.  There is appropriated annually from
44   the general fund of the state to the department of
45   revenue and finance to be credited to the public
46   utility property tax replacement fund, an amount
47   necessary to administer this section and section
48   476.1E.
49     2.  Each county treasurer shall be paid from the
50   fund created in this section the amount calculated

Page 2  

 1   pursuant to section 476.1E.  The payment shall be made
 2   in two equal installments on or before September 30
 3   and March 30 of each year.  The county treasurer shall
 4   apportion the payment in the manner provided in
 5   section 445.57.
 6     3.  If an amount appropriated for a fiscal year is
 7   insufficient to pay all claims, the director shall
 8   prorate the disbursements from the fund to the county
 9   treasurers and shall notify the county auditors of the
10   pro rata percentage on or before August 1.  If an
11   amount appropriated for a fiscal year is in excess of
12   the amount necessary to pay all claims according to
13   the replacement schedule in section 476.1E, the
14   director shall prorate the disbursements from the fund
15   to the county treasurers, notwithstanding the amount
16   of the claims, and shall notify the county auditors of
17   the pro rata percentage on or before August 1.
18     4.  The replacement amount paid to each school
19   district shall be regarded as property tax for the
20   purposes of the school foundation property tax levy in
21   section 257.3 and the additional property tax levy in
22   section 257.4.  The department of management shall
23   annually make the adjustments necessary to implement
24   this subsection.""
25     2.  Page 2, by inserting after line 50 the
26   following:
27     "   .  Title page, line 2, by inserting after the
28   word "services" the following:  "and to the assessment
29   of certain utilities for purposes of property taxation
30   and providing replacement funds to local
31   governments"."
32     3.  By renumbering as necessary.
Roll call was requested by Weigel of Chickasaw and Kreiman of
Davis.
On the question "Shall amendment H-4181 be adopted?" (H.F. 518)
The ayes were, 37:
Arnold         	Bernau         	Blodgett       	Brand
Brunkhorst     	Burnett        	Coon           	Cormack
Cornelius      	Doderer        	Drake          	Ertl
Fallon         	Garman         	Harper         	Harrison 
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Main           	Mascher        	May
Mertz          	Mundie         	Murphy         	Myers
O'Brien        	Ollie          	Renken         	Running
Schrader       	Shoultz        	Teig           	Weigel
Witt
The nays were, 58:
Baker          	Bell           	Boddicker      	Boggess
Branstad       	Brauns         	Carroll        	Cataldo
Churchill      	Cohoon                	Dinkla         	Disney
Drees          	Eddie          	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Heaton         	Houser         	Hurley         	Huseman
Jacobs         	Klemme         	Kremer         	Lamberti
Larson         	Lord           	Martin         	McCoy
Metcalf        	Meyer          	Millage        	Moreland
Nelson, B.      	Nelson, L.       	Nutt           	Rants
Salton         	Schulte        	Sukup          	Thomson
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Welter
Wise           	Mr. Speaker
	  Corbett
Absent or not voting, 5:
Bradley        	Brammer        	Connors        	Daggett 
Siegrist
Amendment H-4181 lost.

Holveck of Polk offered amendment H-4182, to the Senate
amendment H-4176, filed by him and Brand from the floor and
requested division as follows:
H-4182
 1     Amend the Senate amendment, H-4176, to House File
 2   518, as amended, passed, and reprinted by the House,
 3   as follows:
H-4182A
 4     1.  Page 1, by inserting after line 40 the
 5   following:
 6     "   .  Page 9, line 30, by inserting after the
 7   word "productivity." the following:  "The plan shall
 8   provide that a price increase shall not be undertaken
 9   within twelve months of the effective date of the
10   local exchange carrier's plan, or within twelve months
11   of the last price change for basic communications
12   services.""
H-4182B
13     2.  Page 1, by inserting after line 48 the
14   following:
15     "   .  Page 12, line 25, by inserting after the
16   word "regulated" the following:  ", or within twelve
17   months of the last price change for basic
18   communications services"."
19     3.  Renumber as necessary.
Metcalf of Polk rose on a point of order that amendment H-4182A
was not germane, to the Senate amendment H-4176.
The Speaker ruled the point well taken and amendment H-4182A not
germane, to the Senate amendment H-4176.
Holveck of Polk moved the adoption of amendment H-4182B, to the
Senate amendment H-4176.
Metcalf of Polk rose on a point of order that amendment H-4182B
was not germane, to the Senate amendment H-4176.
The Speaker ruled the point well taken and amendment H-4182B not
germane, to the Senate amendment H-4176.
Holveck of Polk asked and received unanimous consent to withdraw
the following amendments filed from the floor, to the Senate
amendment H-4176: H-4183, filed by Holveck of Polk and H-4185,
filed by Holveck of Polk and Brand.
On motion by Metcalf of Polk, the House concurred in the Senate
amendment H-4176.

Metcalf of Polk moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 518)
The ayes were, 90:
Arnold         	Baker          	Bell           	Blodgett
Boddicker      	Boggess        	Bradley        	Branstad
Brauns         	Brunkhorst     	Carroll        	Cataldo
Churchill      	Cohoon         	Coon                  	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	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         	Schulte        	Shoultz        	Siegrist 
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Welter         	Wise
Witt           	Mr. Speaker
	 Corbett
The nays were, 8:
Bernau         	Brand          	Burnett        	Fallon
Garman         	Holveck        	Schrader       	Weigel
Absent or not voting, 2:
Brammer        	Connors
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 518 be immediately messaged to the Senate.
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 May 1, 1995, amended the House amendment,
concurred in the House amendment, as amended, and passed the
following bill in which the concurrence of the House is asked:
Senate File 239, a bill for an act relating to the provision of
mediation in dissolution of marriage proceedings.
JOHN F. DWYER, Secretary

CONSIDERATION OF BILLS
Appropriations Calendar
House File 579, a bill for an act relating to the compensation
and benefits for public officials and employees and making
appropriations and providing an effective date, was taken up for
consideration.
Millage of Scott offered the following amendment H-4164 filed by
him and Murphy and moved its adoption:
H-4164
 1     Amend House File 579 as follows:
 2     1.  Page 1, by striking line 33 and inserting the
 3   following:
 4     "i.  Each judge who retires after July 1, 1994, and
 5   who is assigned and who is appointed a senior judge by
 6   the state supreme court:"
Amendment H-4164 was adopted.
Millage of Scott offered the following amendment H-4148 filed by
Millage, et. al., and moved its adoption:
H-4148
 1     Amend House File 579 as follows:
 2     1.  Page 10, by striking lines 7 through 12 and
 3   inserting the following:  "It is the intent of the
 4   general assembly that the department of management and
 5   the legislative fiscal bureau in conjunction with the
 6   state agency affected by this section to prepare
 7   recommendations concerning the application of this
 8   section to the general assembly not later than
 9   February 1, 1996."
Amendment H-4148 was adopted.
Churchill of Polk offered the following amendment H-4141 filed
by him and moved its adoption:
H-4141
 1     Amend House File 579 as follows:
 2     1.  Page 11, line 4, by striking the word "sixty-
 3   five" and inserting the following:  "fifty-five".
Rule 75 was invoked.
Roll call was requested by Churchill of Polk and Cormack of
Webster.
On the question "Shall amendment H-4141 be adopted?" (H.F. 579)
The ayes were, 49:
Arnold         	Blodgett       	Boggess        	Bradley
Brunkhorst     	Churchill      	Coon           	Cormack
Cornelius      	Daggett        	Drake          	Drees
Ertl           	Fallon         	Greig          	Greiner
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Heaton         	Holveck
Houser         	Hurley         	Huseman        	Jacobs
Klemme         	Kremer         	Larson         	Lord
Main           	Martin         	Mascher        	Mertz
Meyer          	Nelson, B.      	Nutt           	Salton
Sukup          	Teig           	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Warnstadt      	Weigel
Witt
The nays were, 49:
Baker          	Bell           	Bernau         	Boddicker
Brand          	Branstad       	Brauns         	Burnett 
Carroll        	Cataldo        	Cohoon                	Dinkla
Disney         	Doderer        	Eddie          	Garman
Gipp           	Gries          	Harper         	Harrison 
Jochum         	Koenigs        	Kreiman        	Lamberti
Larkin         	May            	McCoy          	Metcalf
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, L.       	O'Brien        	Ollie
Rants          	Renken         	Running        	Schrader
Schulte        	Shoultz        	Siegrist       	Thomson
Van Maanen     	Weidman        	Welter         	Wise
Mr. Speaker
 Corbett
Absent or not voting, 2:

Brammer        	Connors
Amendment H-4141 lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk on request of Schrader of Marion.
Fallon of Polk offered amendment H-4187 filed by him from the
floor as follows:
H-4187
 1     Amend House File 579 as follows:
 2     1.  Page 12, by inserting after line 23 the
 3   following:
 4     "Sec. ___.  Section 2.10, Code 1995, is amended by
 5   adding the following subsection:
 6     NEW SUBSECTION.  9.  Not later than October 1,
 7   1996, and each four years thereafter, the commission
 8   on compensation, expenses, and salaries for elected
 9   state officials created pursuant to section 2A.1 shall
10   certify to the secretary of state its salary and
11   expense recommendations to be placed on the general
12   election ballot.  The ballot question shall provide
13   for the approval or disapproval of the salary
14   recommendation by the state electorate and shall be
15   advisory to the governor and the general assembly as
16   to the compensation and expenses for members of the
17   general assembly and for salaries for other elective
18   state officials."
Millage of Scott rose on a point of order that amendment H-4187
was not germane.
The Speaker ruled the point well taken and amendment H-4187 not
germane.
The following amendments were withdrawn by unanimous consent:
H-4139, filed by Running of Linn on April 27, 1995.
H-4138 filed by Boddicker of Cedar and Metcalf of Polk on April
27, 1995.
H-4144 filed by Running of Linn, et. al., on April 28, 1995.
Running of Linn offered the following amendment H-4188 filed by
him and Boddicker from the floor and moved its adoption:
H-4188
 1     Amend House File 579 as follows:
 2     1.  Page 13, by striking lines 1 through 9 and
 3   inserting the following:  "open enrollment.  In lieu
 4   of membership in a state health or medical group
 5   insurance plan, a member of the general assembly may
 6   elect to receive reimbursement for the costs paid by
 7   the member for a continuation of a group coverage
 8   (COBRA) health or medical insurance plan.  The member
 9   shall apply for reimbursement by submitting evidence
10   of payment for a COBRA health or medical insurance
11   plan.  The maximum reimbursement shall be no greater
12   than the state's contribution for health or medical
13   insurance family plan II.  A member".
Amendment H-4188 was adopted.
Brunkhorst of Bremer offered amendment H-4160 filed by him as
follows:
H-4160
 1     Amend House File 579 as follows:
 2     1.  Page 14, by inserting after line 11 the
 3   following:
 4     "Sec. ___.  Section 97B.41, subsection 20,
 5   paragraph a, unnumbered paragraph 1, Code 1995, is
 6   amended to read as follows:
 7     Wages for a member of the general assembly means
 8   the total compensation received by a member of the
 9   general assembly, whether paid in the form of per diem
10   or annual salary, exclusive of expense and travel
11   allowances paid to a member of the general assembly
12   except as otherwise provided in this paragraph.  Wages
13   includes per diem payments paid to members of the
14   general assembly during interim periods between
15   sessions of the general assembly.  Wages also includes
16   daily allowances to members of the general assembly
17   for nontravel expenses of office during a session of
18   the general assembly, but does not include the portion
19   of the daily allowance which exceeds the maximum
20   established by law for members from Polk county."
21     2.  By renumbering as necessary.
Millage of Scott rose on a point of order that amendment H-4160
was not germane.
The Speaker ruled the point well taken and amendment H-4160 not
germane.
Metcalf 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.
Rule 75 was invoked.
On the question "Shall the bill pass?" (H.F. 579)
The ayes were, 23:
Baker          	Bernau         	Branstad       	Cataldo
Dinkla         	Eddie          	Gipp           	Gries
Grundberg      	Halvorson      	Jochum         	Kremer
Metcalf        	Murphy         	Rants          	Renken
Running        	Salton         	Siegrist       	Van Maanen
Weidman        	Wise           	Mr. Speaker
		 Corbett
The nays were, 75:
Arnold         	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Brand          	Brauns
Brunkhorst     	Burnett        	Carroll        	Churchill
Cohoon         	Coon           	Cormack        	Cornelius
Daggett        	Disney         	Doderer        	Drake
Drees          	Ertl           	Fallon         	Garman
Greig          	Greiner        	Grubbs         	Hahn
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	Hurley
Huseman        	Jacobs         	Klemme         	Koenigs
Kreiman        	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Mertz          	Meyer
Millage        	Moreland       	Mundie         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien
Ollie          	Schrader       	Schulte        	Shoultz
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weigel         	Welter         	Witt
Absent or not voting, 2:
Brammer        	Connors
The bill, having failed to receive a constitutional majority was
declared to have failed to pass the House.

SENATE AMENDMENT CONSIDERED
Kremer of Buchanan called up for consideration Senate File 239,
a bill for an act relating to the provision of mediation in
dissolution of marriage proceedings, amended by the House,
further amended by the Senate and moved that the House concur in
the following Senate amendment H-4186 to the House amendment:
H-4186
 1     Amend the House amendment, S-3601, to Senate File
 2   239, as passed by the Senate, as follows:
 3     1.  Page 1, by striking lines 3 through 28 and
 4   inserting the following:
 5     "   .  Page 1, line 4, by inserting after the
 6   figure "598.41," the following:  "unless the court
 7   determines that a history of domestic abuse exists as
 8   specified in section 598.41, subsection 3, paragraph
 9   "j", if enacted by 1995 Iowa Acts, Senate File 150, or
10   unless the court determines that direct physical harm
11   or significant emotional harm to the child, other
12   children, or a parent is likely to result,"."
13     2.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-4186, to the House amendment.
Kremer of Buchanan moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be
read a last time now and placed upon its passage which motion
prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (S.F. 239)
The ayes were, 96:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Churchill      	Cohoon
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
Moreland       	Mundie         	Murphy         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien 
Ollie          	Rants          	Renken         	Running
Salton         	Schrader       	Schulte        	Shoultz
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Mr. Speaker
			 Corbett
The nays were, 1.
Millage        	
Absent or not voting, 3:
Brammer        	Cataldo        	Connors
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 Senate File 239 be immediately messaged to the Senate.
MOTION TO RECONSIDER
Millage of Scott called up for immediate consideration the
motion to reconsider House File 579, filed by him from the
floor, and moved to reconsider the vote by which House File 579,
a bill for an act relating to the compensation and benefits for
public officials and employees and making appropriations and
providing an effective date, failed to pass the House on May 1,
1995.
A non-record roll call was requested.
The ayes were 51, nays 29.
The motion prevailed and the House reconsidered House File 579,
a bill for an act relating to the compensation and benefits for
public officials and employees and making appropriations and
providing an effective date.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 579 be deferred and that the bill be placed on
the unfinished business calendar.
RULE 57 SUSPENDED
Siegrist of  Pottawattamie asked and received unanimous consent
to suspend Rule 57, relating to notice and agenda, for the
meeting of the committee on appropriations upon adjournment.

EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on Monday, May
1, 1995. Had I been present, I would have voted "aye" on House
File 508.
DAGGETT of Union
I was necessarily absent from the House chamber on April 28,
1995. Had I been present, I would have voted "nay" on House File
519.
VEENSTRA of Sioux
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 1st day of May, 1995: House Files 94, 117, 185, 203, 215,
246, 393, 507, 550, 552, 558 and 559.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 29, 1995, he approved and transmitted to the Secretary
of State the following bills:
House File 126, an act relating to certain franchise agreements
by amending provisions relating to transfer, termination, and
nonrenewal of franchise agreements, and to a civil cause of
action for appropriate relief, and repealing certain franchise
provisions.
Senate File 290, an act relating to motor vehicle and highway
regulation by the state department of transportation concerning
retention of records and documents, registration plates and
stickers, dissolution decree transfers of motor vehicle titles,
junking certificates for abandoned vehicles, flashing blue
lights, flashing warning lamps on a school bus, motorcycle
license requirements, leased motor vehicles, proof of financial
responsibility, charges for handicapped identification devices,
single state registration for motor carriers, commodity base
state registration, other technical changes, and providing
effective and applicability dates.
Also: the Governor announced that on May 1, 1995, he approved
and transmitted to the Secretary of State the following bills:
House File 41, an act relating to the establishment of legal
settlement for certain persons, providing for the Act's
applicability, and providing an effective date.
House File 197, an act relating to the expansion of the
volunteer physician program to include other health care
providers and to apply to certain charitable organizations.
House File 460, an act relating to governmental control of
property by providing for the interest rates assessed for
condemnation damages, providing for right-of-way notice filings,
and concerning advertising control laws on scenic highways.
House File 461, 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.
House File 485, an act relating to remedies upon the dishonoring
of a financial instrument and providing penalties.
House File 490, an act relating to limited liability companies.
House File 492, an act relating to the exclusion of certain
nonprofit transitional housing from landlord-tenant agreements
and remedies, tenant remedies for landlord noncompliance with a
rental agreement, landlord remedies for tenant noncompliance
with a rental agreement and acts constituting a clear and
present danger and providing an effective date.
House File 504, an act relating to a motor vehicle owner's
liability for damages caused by the driver.
House File 548, an act relating to the definition of business
income for purposes of the state corporate income tax and
providing effective and applicability date provisions.
Senate File 79, an act relating to the transfer of dogs to
educational and scientific institutions by pounds.
Senate File 83, an act extending for an additional budget year
the regular program district cost guarantee for school districts
and increasing the amount of that guarantee and providing an
effective date.
Senate File 85, an act providing for the regulation of farm deer
and making penalties applicable.
Senate File 106, an act to provide disaster leave for certain
state employees.
Senate File 146, an act relating to Iowa-foaled horses and
Iowa-whelped dogs used for breeding and racing.
Senate File 181, an act providing a sales tax exemption relating
to aircraft, limiting the amount of refunds, and providing
effective date and retroactive applicability provisions.
Senate File 280, an act authorizing townships to provide
emergency medical services.
Senate File 286, 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.
Senate File 293, an act relating to providing for a five-year
minimum prison term for a person who uses a dangerous weapon in
the commission of a forcible felony.
Senate File 315, an act relating to mental health and
developmental disabilities assistance by extending a moratorium
on the number of intermediate care facility for the mentally
retarded beds, providing for access to certain mental health
information by a county responsible for payment of costs, and
applying certain requirements to the state-county management
committee, and providing an applicability provision and an
effective date.
Senate File 373, an act to permit the court to find a person in
contempt for failure to pay restitution after the period of
probation, work release, parole, or the person's sentence has
ended and providing for the entry of a civil judgment for
restitution owed to a victim.
Senate File 398, an act relating to commutation of sentences of
persons who have been sentenced to life imprisonment.
Senate File 422, an act relating to the duties of the county
recorder, by transferring certain duties of the clerk of the
district court relating to vital statistics and marriage, by
providing for fees, by providing for other properly related
matters, and providing effective dates.
Senate File 423, an act relating to delayed deposit services
businesses and providing penalties.
Senate File 457, an act relating to the civil rights commission
concerning the enforcement of civil rights laws.
GOVERNOR'S VETO MESSAGE
A copy of the following communication was received and placed on
file:
	May 1, 1995
The Honorable Ron Corbett
Speaker of the House
House of Representatives
State Capitol Building
L 0 C A L
Dear Mr. Speaker:
House File 387, an act relating to the appointment of the
student member to the State Board of Regents, reducing the
student member's term and providing implementation and
transition provisions, is hereby disapproved and transmitted to
you in accordance with Article III, Section 16, of the
Constitution of the State of Iowa.
This bill reduces the term of the student member of the Board of
Regents from six years to four.  The Board of Regents, as well
as individual members of the Board, have urged a veto of this
bill.
Maintaining the student position on the Board of Regents as a
full Regent in every respect, with full voting authority and
length of service is important.  This bill risks reducing the
student role to one that is not equal to other Regents in the
decision-making process. Making this change to the statute
regarding the student member of the Board of Regents dilutes the
student role by reducing the length of term to one that is less
than the other Regents. I believe that our present system has
resulted in excellent student representation on the Board. We
should not dilute or diminish a system that has served Iowa's
higher education well.
For the above reason, I hereby respectfully disapprove House
File 387.
	Sincerely,
	Terry E. Branstad
	Governor
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF NATURAL RESOURCES
The Groundwater Program Status Report for the period from July
1, 1993 to June 30, 1994 and Groundwater Program Evaluation
Report, June 30, 1994, pursuant to Chapter 455E.8, Code of Iowa.
IOWA CITIZENS' AIDE\OMBUDSMAN
The Small Business Ombudsman Program Quarterly Report, pursuant
to Chapter 28E, Code of Iowa.
DEPARTMENT OF ECONOMIC DEVELOPMENT
The FY 94 Annual Report of the Iowa Industrial New Jobs Training
Program and the Iowa Jobs Training Program, pursuant to Chapters
260E and 260F, Code of Iowa.
IOWA COLLEGE STUDENT AID COMMISSION
The 1993-1994 Biennial Report, pursuant to Chapter 261, Code of
Iowa.
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\277	Wapsie Valley FFA Chapter, Fairbank - For receiving 1st
place in the Iowa FFA Chapter Secretary's Record Book Contest.
1995\278	Valley FFA Chapter, Elgin - For receiving 1st place in
the Iowa FFA Chapter Reporter's Scrapbook Contest.
1995\279	Knoxville FFA Chapter, Knoxville  - For receiving 1st
place in the Iowa FFA SAE\Ag Ed Publicity Chapter Award Program.
1995\280	Creston FFA Chapter, Creston - For being selected as
Iowa's 1995 winner in the Triple Crown Award Program.
1995\281	Creston FFA Chapter, Creston - For being selected as
Iowa's 1994 winner in the National Safety Award Program.
1995\282	Jeremy Davis, Olin - For being named the "Star Farmer"
of the Iowa FFA Association.
1995\283	Eric Brunsvold, Forest City - For being named the "Star
in Agribusiness" of the Iowa FFA Association.
1995\284	Jason Clayworth, Moulton - For receiving the 1st place
Gold Emblem Award in the Iowa FFA Journalism Reporter Contest.
1995\285	Lisa Ahrens, Osage - For receiving the 1st place Gold
Emblem Award in the Iowa FFA Ag Sales Contest.
1995\286	Leon FFA Chapter, Leon - For receiving the 1st place
Gold Emblem Award in the Iowa FFA Ag Issues and Perceptions
Contest.
1995\287	Alburnett FFA Chapter, Alburnett - For receiving the
1st place Gold Emblem Award in the Iowa FFA Parliamentary
Procedure Contest.
1995\288	Tabitha Kinser, Griswold - For receiving the 1st place
Gold Emblem Award in the Iowa FFA Extemporaneous Speaking
Contest.
1995\289	Andrea Lemke, Wellman - For receiving the 1st place
Gold Emblem Award in the Iowa FFA Freshman Creed Speaking
Contest.
1995\290	West Liberty FFA Chapter, West Liberty - For receiving
1st place  in the Iowa FFA Chapter Treasurer's Record Book
Contest.
1995\291	Janel Sporrer, Harlan	 - For receiving the 1st place
Gold Emblem Award in the Iowa FFA Job Interview Contest.
1995\292	Guttenberg FFA Chapter, Guttenberg - For receiving the
1st place Gold Emblem Award in the Iowa FFA Conduct of Meetings
Contest.
1995\293	Amber Ehlers, Orient - For receiving the 1st place Gold
Emblem Award in the Iowa FFA Public Speaking Contest.
1995\294	Donnellson FFA Chapter, Donnellson - For receiving the
1st place Gold Emblem Award in the Iowa FFA Chapter Program
Contest.
1995\295	Jason Bardole, Grand Junction - For receiving the 1st
place Gold Emblem Award in the Iowa FFA Agriscience Student
Contest.
1995\296	Andy Busch, Reinbeck - For receiving the 1st place Gold
Emblem Award in the Iowa FFA Discussion Meet Contest.
1995\297	Dan Welk, Muscatine - For receiving the 1st place Gold
Emblem Award in the Iowa FFA Ag Broadcasting\Journalism Contest.
1995\298	Marty Mitchell, Mt. Pleasant - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1995\299	Inwood FFA Chapter, Inwood - For receiving the 1st
place Gold Emblem Award in the Iowa FFA Experience the Action
Contest.
1995\300	G&G FFA Chapter, Guttenberg and Garnavillo - For their
top team rating of the Conduct of Meeting team at the State FFA
Leadership Contest.
1995\301	Cascade High School FFA Chapter, Cascade: Brian Conrad,
Dan Delaney, Ryan Frasher, Ben Frasher, Jamie Knapp, Chuck
Steffens, Steve Puetz, Ryan Schockemoehl, Ron Roling, Lisa
Lynch, Jeff Lynch, Mark Kurt and Robin Wink  - For receiving an
Iowa FFA Degree.
1995\302	Fred Torneten, Council Bluffs - For celebrating his
90th birthday.
1995\303	Viola Kermeen, Council Bluffs - For celebrating her
90th birthday.
1995\304	Frank and Marge Hovey, Council Bluffs - For celebrating
their 50th wedding anniversary.
1995\305	Mike and Dorothy McDonald, Council Bluffs - For
celebrating their 50th wedding anniversary.
1995\306	Lisa Marie Thompson, Carter Lake - For being selected
to represent the Carter Lake Boys Club as Nebraska Youth of the
Year.
1995\307	Benjamin Lake, Council Bluffs - For winning 1st place
in the Iowa division of the Federal Junior Duck Stamp contest.
1995\308	Peters Law Firm, Council Bluffs - For celebrating its
centennial anniversary and for being the oldest law firm in
Council Bluffs.
1995\309	Nathan Knause, Muscatine - For receiving 1st place in
the Freshman/Sophomore Physical Science division at the
Muscatine Science and Engineering Fair.
AMENDMENTS FILED
H-4178	S.F.	486	Daggett of Union
H-4184	S.F.	266	Weigel of Chickasaw
			Mertz of Kossuth
			May of Worth
			Mundie of Webster
			Drees of Carroll
H-4189	H.F.	579	Millage of Scott
H-4190	H.F.	579	Brunkhorst of Bremer
H-4191	S.F.	266	Hurley of Fayette
H-4192	S.F.	266	Hurley of Fayette
On motion by Siegrist of Pottawattamie, the House adjourned at
6:55 p.m. until 8:45 a.m., Tuesday, May 2, 1995.

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