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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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