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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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