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House Journal: Thursday, February 1, 1996

Twenty-fifth Calendar Day - Eighteenth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 1, 1996

The House met pursuant to adjournment at 8:55 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend John Schauer, St. Paul Lutheran
Church, Ida Grove.
The Journal of Wednesday, January 31, 1996 was approved.
INTRODUCTION OF BILLS
House File 2128, by Kreiman, a bill for an act relating to
services for children and families and making an appropriation.
Read first time and referred to committee on appropriations.
House File 2129, by Wise, a bill for an act relating to the
use of flashing warning lamps on school buses.
Read first time and referred to committee on transportation.
House File 2130, by Tyrrell, a bill for an act creating an
Amana road fund board, providing for use of road moneys by the
board, and providing an effective date.
Read first time and referred to committee on transportation.
House File 2131, by Greiner and Branstad, a bill for an act
relating to solid waste, by providing for an optional county
solid waste tonnage fee, permitting a penalty for late payments,
providing for city or county inspections of the unloading of
solid waste, and providing an effective date.
Read first time and referred to committee on environmental
protection.
House File 2132, by Schulte, a bill for an act relating to
the theft of video rental property and making penalties
applicable.
Read first time and referred to committee on judiciary.
House File 2133, by Fallon, a bill for an act creating a
temporary state gambling impact and policy committee, providing
for its membership, powers, and duties, making an appropriation,
and providing an effective date.
Read first time and referred to committee on state government.
ADOPTION OF SUPPLEMENTAL REPORT
OF COMMITTEE ON MILEAGE
Brunkhorst of Bremer called up for consideration the
Supplemental Report of the committee on mileage, found on page
125 of the House Journal, and moved its adoption.
The motion prevailed and the report was adopted.

CONSIDERATION OF BILLS
Regular Calendar
House File 210, a bill for an act authorizing a court to require
a criminal offender as part of a restitution order to make
financial contributions to a local anticrime organization, with
report of committee recommending passage, was taken up for
consideration.
Boddicker of Cedar 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. 210)
The ayes were, 94:

Arnold         	Baker          	Bell           	Blodgett      
		Boddicker      	Boggess        	Bradley        	Brand         
		Branstad       	Brauns         	Brunkhorst     	Burnett       
		Carroll        	Cataldo        	Churchill      	Cohoon        
		Connors        	Coon           	Corbett, Spkr.        	Cormack
       		Daggett        	Dinkla         	Disney         	Doderer
       		Drake          	Drees          	Ertl           	Fallon 
       		Garman         	Gipp           	Greig          	Greiner
       		Gries          	Grubbs  	Grundberg      	Hahn          
		Halvorson      	Hammitt Barry  	Hanson         	Harper        
	Heaton         	Holveck        	Houser         	Hurley        
		Huseman        	Jacobs         	Jochum         	Klemme        
	Koenigs        	Kreiman        	Kremer         	Lamberti      
		Lord           	Main           	Martin         	Mascher       
		May            	McCoy          	Mertz          	Metcalf       
	Meyer 	Millage        	Moreland       	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, 6:

Bernau         	Brammer        	Eddie          	Harrison    	  
	Larkin         	Larson         	         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2017, a bill for an act relating to immunity from
assault charges for the use of force by a person to stop a fight
or disturbance at a school or school function, with report of
committee recommending passage, 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. 2017)
The ayes were, 84:

Arnold         	Baker          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brand          	Branstad      
	Brauns         	Brunkhorst     	Burnett        	Carroll       
		Cataldo        	Churchill      	Cohoon         	Connors       
		Coon           	Corbett, Spkr.        	Cormack        	Daggett
       		Dinkla         	Disney         	Drake          	Drees  
       		Ertl           	Fallon         	Garman         	Gipp   
       		Greig          	Greiner        	Gries          	Grubbs 
       	Grundberg      	Hahn           	Halvorson      	Hammitt
Barry 	Hanson         	Heaton         	Houser         	Hurley   
     		Huseman        	Jacobs         	Jochum         	Klemme   
     	Koenigs        	Kreiman        	Kremer         	Lamberti  
    		Lord           	Main           	Martin         	May       
    		Mertz          	Metcalf        	Meyer          	Millage   
    	Mundie         	Myers          	Nelson, B.      	Nelson, L.
      	Nutt           	O'Brien        	Ollie          	Osterhaus
     	Rants          	Renken         	Salton         	Schrader  
    	Schulte        	Siegrist       	Sukup          	Taylor     
   		Teig           	Thomson        	Tyrrell        	Van Fossen 
     	Vande Hoef     	Veenstra       	Warnstadt      	Weidman   
    	Weigel         	Welter         	Wise           	Van Maanen,
 				  Presiding
The nays were, 11:

Bell           	Bernau         	Doderer        	Harper        
	Holveck        	Mascher        	McCoy          	Moreland      
	Murphy         	Shoultz        	Witt 
Absent or not voting, 5:

Brammer        	Eddie          	Harrison       	Larkin        
		Larson         	
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 210 and 2017.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:28 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.
INTRODUCTION OF BILLS
House File 2134, by Jacobs, Disney, Gipp, Jochum, Cataldo,
Teig, Taylor, and Siegrist, a bill for an act relating to
housing development, including tax increment financing, and
making an appropriation for housing programs.
Read first time and referred to committee on local government.
House File 2135, by Connors, a bill for an act relating to
unclaimed property held by the state, the social security
numbers of the owners of the property, fraudulent practices to
obtain the property, and establishing a penalty.
Read first time and referred to committee on judiciary.
House File 2136, by Jochum, a bill for an act relating to
the inclusion of a communication or contact agreement in an
order for the termination of parental rights or in an adoption
decree if the child had previously received child foster care.
Read first time and referred to committee on judiciary.
House File 2137, by committee on ways and means, 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 placed on the ways and means calendar.
House File 2138, by Daggett, a bill for an act relating to
contracts for mutual aid between fire departments regarding
emergency services.
Read first time and referred to committee on state government.
House File 2139, by Schrader, a bill for an act exempting
property of a resident debtor from foreign tax judgments on
retirement income.
Read first time and referred to committee on ways and means.
House File 2140, by committee on ways and means, a bill for
an act relating to the motor vehicle fuel tax law and providing
effective and retroactive applicability dates.
Read first time and placed on the ways and means calendar.
House File 2141, by Holveck, Grundberg, Jacobs, and Connors,
a bill for an act relating to candidate filing deadlines for
certain city elections.
Read first time and referred to committee on state government.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Larkin of Lee on request of Cohoon of Des Moines.
SENATE AMENDMENT CONSIDERED
Blodgett of Cerro Gordo called up for consideration 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,
amended by the House, further amended by the Senate amendment
H-5033 as follows:

H-5033

 1     Amend the House amendment, S_5010, to Senate File
 2   2030, as amended, passed, and reprinted by the Senate,
 3   as follows:
 4     1.  Page 1, by striking line 23.
 5     2.  By renumbering as necessary.
The House stood at ease at 1:05 p.m., until the fall of the
gavel.
The House resumed session at 1:48 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Blodgett of Cerro Gordo, moved that the House concur in the
Senate amendment H-5033, to the House amendment.
Roll call was requested by Schrader of Marion and Cataldo of
Polk.
Rule 75 was invoked.
On the question "Shall Senate amendment H-5033, to the House
amendment, be adopted?" ( S.F. 2030)
The ayes were, 36:

Arnold         	Baker          	Bell           	Bernau        
		Brand          	Burnett        	Cataldo        	Cohoon        
		Connors        	Doderer        	Drees          	Fallon        
	Harper         	Holveck        	Jochum         	Koenigs       
		Kreiman        	Mascher        	May            	McCoy         
		Mertz          	Moreland       	Mundie         	Murphy        
		Myers          	Nelson, L.       	O'Brien        	Ollie       
  	Osterhaus      	Schrader       	Shoultz        	Taylor       
 	Warnstadt      	Weigel         	Wise           	Witt          

The nays were, 59:

Blodgett       	Boddicker      	Boggess        	Bradley       
		Branstad       	Brauns         	Brunkhorst     	Carroll       
	Churchill      	Coon           	Corbett, Spkr.        	Cormack 
      		Daggett        	Dinkla         	Disney         	Drake   
      		Eddie          	Garman         	Gipp           	Greig   
      	Greiner        	Gries          	Grubbs         	Grundberg
     	Hahn           	Halvorson      	Hammitt Barry  	Hanson    
    	Heaton         	Houser         	Hurley         	Huseman    
   	Jacobs         	Klemme         	Kremer         	Lamberti    
  		Larson         	Lord           	Main           	Martin      
  		Metcalf        	Meyer 	Nelson, B.      	Nutt          
		Rants          	Renken         	Salton         	Schulte       
		Siegrist       	Sukup          	Teig           	Thomson       
	Tyrrell        	Van Fossen         	Vande Hoef     	Veenstra   
   	Weidman        	Welter         	Van Maanen, 
		  Presiding
Absent or not voting, 5:

Brammer        	Ertl           	Harrison       	Larkin        
		Millage        	

The motion lost and the House refused to concur in the Senate
amendment H-5033, to the House amendment.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2030 be immediately messaged to the Senate.
HOUSE FILE 2138 REREFERRED
The Speaker announced that House File 2138, previously referred
to committee on state government was rereferred to committee on
local government. 
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on February 1,
1996. Had I been present, I would have voted "aye" on House
Files 210 and 2017.
EDDIE of Buena Vista
I was necessarily absent from the House chamber on the morning
of February 1, 1996. Had I been present, I would have voted
"aye" on House Files 210 and 2017.
LARSON of Linn
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
CENTER FOR AGRICULTURAL SAFETY AND HEALTH
The Annual Report, pursuant to Chapter 262.78(6), Code of Iowa.
DEPARTMENT OF ECONOMIC DEVELOPMENT
A summary on a proposed decision making process for managing the
Community Economic Betterment Account program to maximize
resources and to avoid the need for supplemental appropriations
in the future, pursuant to Chapter 202.2(8), 1995 Acts of the
Seventy-sixth General Assembly.
The Annual Report of the Iowa Conservation Corps, pursuant to
Chapter 15.226, Code of  Iowa. 
DEPARTMENT OF HUMAN RIGHTS
Commission on the Status of Women
The Annual Report of the Commission on the Status of Women,
pursuant to Chapter 216A.149, Code of Iowa.
DEPARTMENT OF REVENUE AND FINANCE
The Annual Report, pursuant to Chapter 7A.3(1), Code of Iowa.
STATE BOARD OF REGENTS
A report providing the current status on purchase and use of
soybean-based inks, purchase of starch-based plastic garbage can
liners, and purchase of plastic products for which starch-based
alternatives are available, pursuant to Chapter 262.9, Code of
Iowa.
TREASURER OF STATE
The Linked Investment Annual Report for the Year 1995 for
horticulture and alternative crops, targeted small business,
main street preservation and rural small business transfer,
pursuant to Chapter 12.38, Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificate of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House      
1996\ 68	Dave Boyd, Griswold - For being selected a 1995 Iowa
Master Pork Producer.
1996\69	Trooper Thomas Estrada, Cedar Rapids - For helping
snowbound motorists and for other heroic acts during the
blizzard of January 26, 1996.
1996\70	Duane Cave, Cherokee - For being selected a 1995 Iowa
Master Pork Producer.

SUBCOMMITTEE ASSIGNMENTS
House File 2075
Ways and Means: Renken, Chair; Brammer and Greig.
House File 2078
Ways and Means: Renken, Chair; Brammer and Dinkla.
House File 2085
Ways and Means: Halvorson, Chair; Dinkla and Shoultz.
House File 2105
Ways and Means: Drake, Chair; Jochum and Van Fossen.
House File 2119
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
House File 2122
Human Resources: Van Maanen, Chair; Ertl and Harper.
House File 2124
Human Resources: Harrison, Chair; Fallon, Hammitt Barry, Hurley
and Moreland.
House File 2126
State Government: Disney, Chair; Tyrrell and Witt.
House File 2141
State Government: Jacobs, Chair; Connors, Drake, Gipp and Jochum.
Senate File 2083
Education: Garman, Chair; Grundberg and Kreiman.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 534
Ways and Means: Van Fossen, Chair; Larkin and Main.
House Study Bill 538
Ways and Means: Rants, Chair; Holveck and Nutt.
House Study Bill 542
Commerce-Regulation: Dinkla, Chair; Holveck, Metcalf, Renken and
Weigel.
House Study Bill 543
Commerce-Regulation: Metcalf, Chair; Baker and Nutt.
House Study Bill 544
Human Resources: Boddicker, Chair; Brand and Martin.
House Study Bill 547
Commerce-Regulation: Jacobs, Chair; Nelson of Pottawattamie and
Van Fossen.
House Study Bill 548
Commerce-Regulation: Lamberti, Chair; Jacobs and McCoy.
House Study Bill 549
Commerce-Regulation: Sukup, Chair; Brunkhorst and Wise.
House Study Bill 550
Commerce-Regulation: Van Fossen, Chair; Cormack and Doderer.
House Study Bill 551
Commerce-Regulation: Brunkhorst, Chair; Larson and Wise.
House Study Bill 552
Commerce-Regulation: Sukup, Chair; Brunkhorst and Wise.
House Study Bill 553
State Government: Jacobs, Chair; Connors, Drake, Gipp and Jochum.
House Study Bill 554
Commerce-Regulation: Churchill, Chair; McCoy and Van Fossen.
House Study Bill 555 
Education: Boddicker, Chair; Nelson of Marshall and Osterhaus.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B.  557  Human Resources 
Relating to the prohibition of the preventing or impeding of the
donation of an anatomical gift and providing sanctions.
H.S.B.  558  Education
Relating to school finance, by providing for funding advances
based upon increased student enrollment, and providing an
effective date.
H.S.B.  559  Education
Relating to school finance, by providing for funding advances
based upon increased student enrollment, and providing an
effective date.
H.S.B.  560  Education
Relating to the establishing of the reading-for-rewards grant
program and making an appropriation.
H.S.B.  561  Judiciary
Relating to the validity of foreign marriages.
H.S.B.  562  Natural Resources
Relating to the regulation of motorboats on certain artificial
lakes, 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 COMMERCE-REGULATION
House File 2036, a bill for an act relating to certain telephone
companies and permitting their reorganization as cooperative
associations.
Fiscal Note not required.
Recommended Do Pass February 1, 1996.
Committee Bill (Formerly House Study Bill 528), relating to the
delay of the repeal for the exemption of certain multiple
employer welfare arrangements from regulation by the insurance
division and providing an effective date.
Fiscal Note not required.
Recommended Do Pass February 1, 1996.
COMMITTEE ON EDUCATION
Senate File 2082, a bill for an act relating to the
establishment of the state percent of growth for purposes of the
state school foundation program and providing an effective date.
Fiscal Note is required.
Recommended Do Pass January 31, 1996.
COMMITTEE ON WAYS AND MEANS
Senate Joint Resolution 1, a joint resolution proposing an
amendment to the Constitution of the United States of Iowa
requiring the maintenance of a cash reserve.
Fiscal Note is not required.
Recommended Amend and Do Pass, with Amendment H_5036 January 31,
1996.
Committee Bill (Formerly House File 2105), 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.
Fiscal Note is not required.
Recommended Do Pass January 31, 1996.
Committee Bill (Formerly House Study Bill 534), relating to the
motor vehicle fuel tax law and providing effective and
retroactive applicability dates.
Fiscal Note is not required.
Recommended Amend and Do Pass January 31, 1996.
AMENDMENTS FILED

H_5036	S.J.R.	1	Committee on 
 			Ways and Means
H_5037	H.F.	2111	Weigel of Chickasaw
H_5038	H.J.R.	2003	Cataldo of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
2:07 p.m.,  until 8:45 a.m., Friday, February 2, 1996.

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