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House Journal: Thursday, January 25, 1996

Eighteenth Calendar Day - Thirteenth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, January 25, 1996
The House met pursuant to adjournment, Speaker pro tempore Van
Maanen of Marion in the chair.
Prayer was offered by Reverend Dan Lozer, Tabor Congregational
United Church of Christ and the Presbyterian Church of Randolph.
The Journal of Wednesday, January 24, 1996 was approved.
INTRODUCTION OF BILLS
House File 2104, by Hurley, a bill for an act relating to
prison time served by persons convicted of an aggravated
misdemeanor or greater offense, by providing for a reduction in
the amount of good and honor time that may be earned by forcible
felons, providing for a pilot project, and making other related
changes.
Read first time and referred to committee on judiciary.
House File 2105, by Brauns, Tyrrell, Houser, Martin,
Daggett, Boggess, Bradley, Heaton, Lord, Branstad, Harrison,
Drake, Cormack, Klemme, Rants, Arnold, and Nutt, a bill for an
act relating to the time and the criteria for filing of claims
for refund under the state individual income tax by retired
federal employees as a result of the unconstitutional taxation
of federal pensions and providing an effective date.
Read first time and referred to committee on ways and means.
House File 2106, by Coon, a bill for an act relating to
agency rules, by providing for the periodic review of the rules.
Read first time and referred to committee on state government.
House File 2107, by Committee on Human Resources, a bill for
an act relating to the requirements regarding human
immunodeficiency virus-related tests and making existing
remedies applicable.
Read first time and placed on calendar.
House File 2108, by Brunkhorst, a bill for an act relating
to requirements for an impact evaluation prior to approval of a
general permit to discharge stormwater.
Read first time and referred to committee on natural resources.
House File 2109, by Harrison, Boggess, Bradley, Branstad,
Brauns, Brunkhorst, Carroll, Coon, Daggett, Disney, Doderer,
Drake, Eddie, Ertl, Gipp, Greiner, Grubbs, Hammitt Barry,
Hanson, Heaton, Hurley, Huseman, Klemme, Kremer, Lamberti,
Larson, Lord, Main, Martin, Mascher, Myers, Rants, Renken,
Salton, Schulte, Sukup, Teig, Thomson, Tyrrell, Van Fossen,
Vande Hoef, Van Maanen, Veenstra, Witt, Ollie, Halvorson,
Welter, Mundie, Blodgett, Fallon, Garman, Larkin, and Millage, a
bill for an act relating to nonconsensual termination of or
serious injury to a pregnancy and providing penalties.
Read first time and referred to committee on judiciary.
House File 2110, by Grubbs, a bill for an act relating to
judgments against prisoners.
Read first time and referred to committee on judiciary.
House File 2111, by Committee on Ways and Means, a bill for
an act relating to taxation within the state by changing the
computation of the inflation factors for the tax brackets and
standard deduction of the state individual income tax,
exemptions from the state inheritance tax, and appropriating
moneys to a special taxpayer relief account for purposes of
providing tax relief and providing effective and retroactive and
other applicability date provisions.
Read first time and referred to committee on ways and means
calendar.
House File 2112, by Committee on Ways and Means, a bill for
an act relating to the general fund levy rate limit for cities
and providing effective and applicability date provisions.
Read first time and referred to committee on ways and means
calendar.
SPECIAL ORDER CALENDAR
The Speaker announced that House File 2111, formerly on the Ways
and Means Calendar, was placed on the Special Order Calendar for
February 1, 1996.
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 January 24, 1996, passed the following bill in
which the concurrence of the House is asked:
Senate File 2071, a bill for an act creating an advisory
commission on intergovernmental relations, specifying its
membership and its powers and duties, providing for other
properly related matters, and providing an effective date.
Also: That the Senate has on January 24, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2072, a bill for an act relating to implements of
husbandry by providing for machinery towed by a motor vehicle or
farm tractor, and providing an effective date.
JOHN F. DWYER, Secretary
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for immediate consideration of Senate File
2030.
The House stood at ease at 8:57 a.m., until the fall of the
gavel.
The House resumed session at 10:00 a.m., Speaker pro tempore Van
Maanen of Marion in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Brammer of Linn on request of Wise of Lee.

CONSIDERATION OF BILLS
Ways and Means Calendar
Senate File 2030, a bill for an act relating to state and county
mental health and developmental disability funding provisions
and including an applicability provision and an effective date,
with report of committee recommending amendment and passage, was
taken up for consideration.
Blodgett of Cerro Gordo offered the following amendment H-5008
filed by the committee on ways and means and moved its adoption:

H-5008

 1     Amend Senate File 2030, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Sec. 100.  Section 331.424A, subsection 4, Code
 6   Supplement 1995, is amended to read as follows:
 7     4.  For the fiscal year beginning July 1, 1996, and
 8   for each subsequent fiscal year, the county shall
 9   certify a levy for payment of services.  Unless
10   otherwise provided by state law, for each fiscal year,
11   county revenues from taxes imposed by the county
12   credited to the services fund shall not exceed an
13   amount equal to the amount of base year expenditures
14   for services in the fiscal year beginning July 1,
15   1993, and ending June 30, 1994, as defined in section
16   331.438, less the amount of property tax relief to be
17   received pursuant to section 426B.2, subsections 1 and
18   3, in the fiscal year for which the budget is
19   certified.  The county auditor and the board of
20   supervisors shall reduce the amount of the levy
21   certified for the services fund by the amount of
22   property tax relief to be received."
23     2.  Page 1, by striking lines 1 through 9.
24     3.  Page 1, by inserting after line 9 the
25   following:
26     "Sec. 200.  Section 331.438, subsection 1, Code
27   Supplement 1995, is amended to read as follows:
28     1.  For the purposes of section 331.424A, this
29   section, and section 331.439, and chapter 426B,
unless
30   the context otherwise requires:
31     a.  "Base year expenditures" means the actual the
32   amount selected by a county and reported to the county
33   finance committee pursuant to this paragraph.  The
34   amount selected shall be equal to the amount of net
35   expenditures made by a the county for qualified
mental
36   health, mental retardation, and developmental
37   disabilities services provided in either of the
38   following fiscal year beginning July 1, 1993, and
39   ending June 30, 1994. years:
40     (1)  The actual amount reported to the state on
41   October 15, 1994, for the fiscal year beginning July
42   1, 1993.
43     (2)  The net expenditure amount contained in the
44   county's final budget certified in accordance with
45   chapter 24 for the fiscal year beginning July 1, 1995,
46   and reported to the county finance committee.
47     b.  "Qualified mental health, mental retardation,
48   and developmental disabilities services" means the
49   services specified on forms issued by the county
50   finance committee following consultation with the

Page 2  

 1   state-county management committee.
 2     b. c.  "State payment" means the payment made by
 3   the state to a county determined to be eligible for
 4   the payment in accordance with section 331.439."
 5     4.  Page 1, lines 18 and 19, by striking the words
 6   "allowed an inflation factor adjustment" and inserting
 7   the following:  "authorized an allowed growth factor
 8   adjustment as established by the general assembly".
 9     5.  Page 1, by striking lines 25 and 26, and
10   inserting the following:  "recommend an allowed growth
11   factor adjustment to the governor by November 15 for
12   the succeeding fiscal year."
13     6.  Page 1, line 27, by striking the word
14   "inflation" and inserting the following:  "allowed
15   growth".
16     7.  Page 1, by striking lines 29 through 31, and
17   inserting the following:  "investments for economy and
18   efficiency."
19     8.  Page 1, line 32, by striking the word
20   "council's" and inserting the following:
21   "committee's".
22     9.  Page 1, line 33, by striking the word
23   "inflation" and inserting the following:  "allowed
24   growth".
25     10.  Page 2, by striking lines 2 through 7.
26     11.  Page 2, by inserting before line 8 the
27   following:
28     "Sec. 300.  Section 426B.2, subsection 1, paragraph
29   c, Code Supplement 1995, is amended to read as
30   follows:
31     c.  One-third based upon the county's proportion of
32   all counties' base year expenditures, as defined in
33   section 331.438, Code 1995, and reported to the state
34   on October 15, 1994."
35     12.  By striking page 2, line 15, through page 3,
36   line 14, and inserting the following:
37     "Sec. 4.  BASE YEAR DEFINITION ESTABLISHED.  For
38   purposes of establishing the amount of a county's base
39   year expenditures under section 331.438, subsection 1,
40   as enacted by this Act, unless a county submits a
41   revision request in accordance with the provisions of
42   this section, the amount the county shall be deemed to
43   have selected for the county's base year expenditures
44   is the amount of mental health, mental retardation,
45   and developmental disabilities expenditures in the
46   county's certified budget for fiscal year 1995-1996
47   the county reported to the county finance committee by
48   December 1, 1995.  A revision request must be
49   submitted in writing to the county finance committee
50   which may accept or reject the revision in whole or in

Page   3

 1   part.  The revised amount shall be either the amount
 2   specified in section 331.438, subsection 1, paragraph
 3   "a", subparagraph (1), or correction of the amount
 4   reported by December 1, 1995, to the county finance
 5   committee.  The request for revision must be submitted
 6   within fourteen days of the effective date of this
 7   section, and a decision by the county finance
 8   committee to accept or reject the revised amount must
 9   be issued within twenty-eight days of the effective
10   date of this section.  The decision of the county
11   finance committee is final."
12     13.  Page 3, by inserting after line 14 the
13   following:
14     "Sec. 400.  APPEAL FOR PROPERTY TAXES IN EXCESS OF
15   LIMITATION.  Notwithstanding section 444.25A,
16   subsection 3, the requirement for a county to submit
17   budget forms by March 1, 1996, to be considered for
18   appeal, is changed to March 15, 1996, for budgets
19   submitted for the fiscal year beginning July 1, 1996,
20   and ending June 30, 1997.
21     Sec. 500.  COUNTY MANAGEMENT PLAN SUBMISSION DATE.
22   Notwithstanding section 331.439, subsection 1,
23   paragraph "c", subparagraph (1), a county may apply to
24   the director of human services for an extension of not
25   more than thirty days beyond the April 1, 1996,
26   deadline for submission of the county's plan for
27   mental health service management for the fiscal year
28   beginning July 1, 1996.  The director may grant the
29   extension if the director determines there are
30   exceptional circumstances which warrant the extension.
31     Sec. ___.  MEDICAL ASSISTANCE COSTS FOR SERVICES TO
32   MINORS WITH MENTAL RETARDATION.  There is appropriated
33   from the property tax relief fund created in section
34   426B.1 to the department of human services to
35   supplement the medical assistance appropriation for
36   the fiscal year beginning July 1, 1996, and ending
37   June 30, 1997, the following amount, or so much
38   thereof as is necessary, to be used for the purposes
39   designated:
40     For the nonfederal share of the costs of services
41   provided to minors with mental retardation under the
42   medical assistance program to meet the requirements of
43   section 249A.12, subsection 4:
44   	$  6,600,000
45     Notwithstanding section 426B.2, subsection 1, the
46   amount of moneys distributed under that subsection
47   shall be $71.4 million."
48     14.  Page 3, line 15, by striking the word and
49   figure "Section 4" and inserting the following:
50   "Sections 100, 200, 300, 4, 400, 500,".

Page   4

 1     15.  Page 3, line 29, by striking the word
 2   "inflation" and inserting the following:  "allowed
 3   growth".
 4     16.  Title page, line 2, by inserting after the
 5   word "funding" the following:  "and related".
 6     17.  Title page, by striking line 3 and inserting
 7   the following:  "appropriation, an effective date, and
 8   an applicability provision."
 9     18.  By renumbering and revising internal
10   references as necessary.
The committee amendment H-5008 was adopted.
Blodgett of Cerro Gordo 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?" (S.F. 2030)
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        	Daggett        	Dinkla         	Disney    
    	Doderer        	Drake          	Drees          	Eddie      
   		Ertl           	Fallon         	Garman         	Gipp       
   		Greig          	Greiner        	Gries          	Grubbs     
   	Grundberg      	Hahn           	Halvorson      	Hammitt
Barry  	Hanson         	Harper         	Harrison       	Heaton  
      	Holveck        	Houser         	Hurley         	Huseman  
     	Jacobs         	Jochum         	Klemme         	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          	Osterhaus      	Rants    
     		Renken         	Salton         	Schrader       	Schulte  
     	Shoultz        	Siegrist       	Sukup          	Taylor    
    		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, 3:

Brammer        	Koenigs        	Moreland       	
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Moreland of Wapello on request of Cataldo of Polk.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 2030 be immediately messaged to the Senate.
REMOVED FROM SPECIAL ORDER CALENDAR
The Speaker announced that House File 2111, previously placed on
the Special Order Calendar, was removed and placed on the Ways
and Means Calendar.
On motion by Gipp of Winneshiek the House was recessed at 10:10
a.m., until 1:00 p.m.

AFTERNOON SESSION
The House reconvened, Speaker pro tempore Van Maanen of Marion
in the chair.
INTRODUCTION OF BILLS
House File 2113, by committee on transportation, a bill for
an act providing for a permanent registration plate for motor
trucks and truck tractors licensed pursuant to multistate
registration.
Read first time and placed on the calendar.
House File 2114, by committee on appropriations, a bill for
an act relating to and making supplemental appropriations for
the fiscal year beginning July 1, 1995, and providing an
effective date.
Read first time and placed on the appropriations calendar.
SUPPLEMENTAL REPORT OF COMMITTEE ON MILEAGE
Mr. Speaker: your committee appointed to determine the mileage
for the members of the House submits the following supplemental
report:                                                         

Name                                                            
                                      Round Trip Miles
Robert J. Osterhaus	364

				              Respectfully submitted,                   

            ROBERT J. BRUNKHORST, Chair

DAVID A. MILLAGE                       

             KEITH W. WEIGEL                        

SUBCOMMITTEE ASSIGNMENTS
House File 2072
Ways and Means: Rants, Chair; Myers and Van Fossen.
House File 2091
Judiciary: Grubbs, Chair; Hurley and Kreiman.
House File 2094
Judiciary: Lamberti, Chair; Bernau and Nutt.
House File 2096
Commerce-Regulation: Lamberti, Chair; Brunkhorst and Wise.
House File 2097
Judiciary: Greiner, Chair; Lamberti and Moreland. 
House File 2098
Ways and Means: Renken, Chair; Rants and Weigel.
House File 2099
Judiciary: Harrison, Chair; Grubbs and Kreiman.
House File 2100
Ways and Means: Renken, Chair; Rants and Weigel.
House File 2102
State Government: Disney, Chair; Bernau and Ertl.
House File 2104
Judiciary: Grubbs, Chair; Hurley and Kreiman.
House File 2109
Judiciary: Harrison, Chair; Grubbs and Kreiman.
House File 2110
Judiciary: Grubbs, Chair; Moreland and Schulte.
Senate Joint Resolution 1
Ways and Means: Halvorson, Chair; Bernau and Dinkla.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 528
Commerce-Regulation: Churchill, Chair; Doderer, Larson, Van
Fossen and Weigel.
House Study Bill 529
State Government: Bradley, Chair; Jacobs and Taylor.
House Study Bill 530
Human Resources: Boddicker, Chair; Harper, Lord, Myers and
Veenstra.
House Study Bill 531
Ways and Means: Larson, Chair; Myers and Rants.
House Study Bill 532
Agriculture: Meyer, Chair; Drees and Huseman.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 533 Agriculture
Eliminating the requirement to commence litigation involving
shipments of plants infested with gypsy moths, and providing an
effective date.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received
and is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House Study Bill 526), a bill for an
act relating to and making supplemental appropriations for the
fiscal year beginning July 1, 1995, and providing an effective
date.
Fiscal Note is not required.
Recommended Amend and Do Pass January 24, 1996.
RESOLUTION FILED
HCR 108, by Wise, a concurrent resolution relating to the
International NAFTA Superhighway and requesting the Director of
the State Department of Transportation to join the I-35 Corridor
Coalition and requesting private matching moneys to be solicited
for payment of membership fees.
Referred to committee on transportation.

AMENDMENTS FILED

H_5010	H.J.R.		2003		Tyrrell of Iowa
H_5011	H.F.		2111		Halvorson of Clayton
H_5012	H.F.		2112		Blodgett of 
						   Cerro Gordo
H_5013	H.F.		526		Doderer of Johnson
On motion by Siegrist of Pottawattamie, the House adjourned at
1:10 p.m., until 8:45 a.m., Friday, January 26, 1996.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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