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Thirtieth Calendar Day - Twenty-first Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 6, 1996
The House met pursuant to adjournment at 8:45 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Thomas Geelan, Sacred Heart
Church, Boone.
The Journal of Monday, February 5, 1996 was approved.
INTRODUCTION OF BILLS
House File 2145, by Koenigs, Shoultz, Murphy, Ollie, Drees,
Taylor, Cohoon, Nelson of Pottawattamie, Warnstadt, Osterhaus,
Mundie, Burnett, Brand, Cataldo, Mascher, Larkin, Jochum, Bell,
Harper, Holveck, McCoy, Kreiman, Weigel, Myers, Fallon,
Schrader, Moreland, Doderer, Bernau, Connors, Baker, Brammer,
and Witt , a bill for an act relating to animal feeding
operations, making an appropriation, and including an
applicability provision.
Read first time and referred to committee on agriculture.
House File 2146, by Daggett, a bill for an act relating to
funding industrial retraining programs.
Read first time and referred to committee on economic
development.
House File 2147, by Coon and Doderer, a bill for an act
requiring sex offender registry checks involving child day care,
foster care, and adoptions.
Read first time and referred to committee on judiciary.
House File 2148, by Heaton, a bill for an act relating to
the use of blaze orange apparel by hunters and fur harvesters
and subjecting violators to a penalty.
Read first time and referred to committee on natural resources.
House File 2149, by Nelson of Marshall, a bill for an act
providing a state income tax checkoff for child abuse prevention
projects and providing a retroactive applicability date.
Read first time and referred to committee on ways and means.
House File 2150, by Connors, a bill for an act relating to
grandparent visitation rights.
Read first time and referred to committee on human resources.
House File 2151, by Connors, a bill for an act relating to
the establishment of income eligibility guidelines for state
supplementary assistance for individuals residing in a
residential care facility.
Read first time and referred to committee on human resources.
House File 2152, by committee on commerce - regulation, a
bill for an act 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.
Read first time and placed on the calendar.
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 February 5, 1996, passed the following bill in
which the concurrence of the Senate was asked:
House File 2065, a bill for an act relating to an appropriation
to the judicial department for long-range and strategic planning
and providing an effective date.
Also: That the Senate has on February 5, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2098, a bill for an act creating a lost federal
funds stabilization account in the state treasury and providing
an effective date.
JOHN F. DWYER, Secretary
SPECIAL PRESENTATION
McCoy of Polk presented to the House fifteen students from
Moscow. They are attending high schools in Des Moines, Ankeny
and Ames and are working on an environmental project with Iowa
students.
The House rose and expressed its welcome.
CONSIDERATION OF BILLS
Regular Calendar
House Joint Resolution 2003, a joint resolution proposing an
amendment to the Constitution of the State of Iowa to limit the
number of terms for members of the Senate and the House of
Representatives, and to limit the number of terms of Governor,
Lieutenant Governor, Attorney General, Secretary of State,
Auditor of State and Treasurer of State, with report of
committee recommending passage was taken up for consideration.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:00 a.m., until 1:00 p.m.
(House Joint Resolution 2003 pending)
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 2153, by Connors, a bill for an act relating to
the reinstatement to active service of members of the statewide
fire and police retirement system and the public safety peace
officers' retirement, accident, and disability system upon
denial of disability benefits.
Read first time and referred to committee on labor and
industrial relations.
House File 2154, by Witt and Harrison, a bill for an act
concerning assistive devices by providing for a warranty,
replacement of devices, and providing consumer remedies.
Read first time and referred to committee on commerce-regulation.
House File 2155, by Heaton, a bill for an act providing for
repayment of the costs chargeable to a county for services
provided under the juvenile code.
Read first time and referred to committee on judiciary.
House File 2156, by Harper, a bill for an act relating to
the liability of a home owner to a contractor and a
subcontractor upon the filing of a mechanic's lien.
Read first time and referred to committee on commerce-regulation.
House File 2157, by Grundberg, a bill for an act relating to
establishing the English language as the official language of
the state, providing limited English proficiency programs in the
public schools, making an appropriation for additional funding
for an increase in the actual number of limited English
proficient students, and providing an effective and
applicability date.
Read first time and referred to committee on state government.
House File 2158, by Kreiman, a bill for an act requiring
caution signs to be affixed to a tandem trailer and making
existing penalties applicable.
Read first time and referred to committee on transportation.
House File 2159, by Daggett, a bill for an act increasing
certain fines for provision of alcohol to underage drinkers.
Read first time and referred to committee on judiciary.
House File 2160, by Larson, a bill for an act providing a
sales, services, and use tax exemption for parts sold for and
services performed on vehicles used substantially in interstate
commerce.
Read first time and referred to committee on ways and means.
House File 2161, by Larson, a bill for an act relating to
the testing of an alleged offender for the human
immunodeficiency virus and making penalties applicable.
Read first time and referred to committee on judiciary.
SENATE MESSAGE CONSIDERED
Senate File 2098, by committee on appropriations, a bill for
an act creating a lost federal funds stabilization account in
the state treasury and providing an effective date.
Read first time and referred to committee on appropriations.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty-two members present,
eighteen absent.
BUSINESS PENDING AT RECESS
Regular Calendar
The House resumed consideration of House Joint Resolution 2003,
a joint resolution proposing an amendment to the Constitution of
the State of Iowa to limit the number of terms for members of
the Senate and the House of Representatives, and to limit the
number of terms of Governor, Lieutenant Governor, Attorney
General, Secretary of State, Auditor of State and Treasurer of
State, pending at recess.
Tyrrell of Iowa asked and received unanimous consent to withdraw
amendment H-5010 filed by him on January 25, 1996.
Jochum of Dubuque offered the following amendment H-5040 filed
by Jochum et. al. and moved its adoption:
H-5040
1 Amend House Joint Resolution 2003 as follows:
2 1. Page 1, by striking line 17 and inserting the
3 following: "served prior to ratification of this
4 amendment and to terms of office beginning on or after
5 ratification of this amendment."
6 2. Page 1, by striking line 31 and inserting the
7 following: "served prior to ratification of this
8 amendment and to terms of office beginning on or after
9 ratification of this amendment."
10 3. Page 2, by striking line 16 and inserting the
11 following: "served prior to ratification of this
12 amendment and to terms of office beginning on or after
13 ratification of this amendment."
14 4. Page 2, by striking line 35 and inserting the
15 following: "served prior to ratification of this
16 amendment and to terms of office beginning on or after
17 ratification of this amendment."
18 5. Page 3, by striking line 14 and inserting the
19 following: "served prior to ratification of this
20 amendment and to terms of office beginning on or after
21 ratification of this amendment."
Roll call was requested by Jochum of Dubuque and Schrader of
Marion.
Rule 75 was invoked.
On the question "Shall amendment H-5040 be adopted?" (H.J.R.
2003)
The ayes were, 42:
Arnold Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Dinkla Doderer Drees
Fallon Garman Gries Grundberg
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Warnstadt Weigel Wise
Witt
The nays were, 57:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Daggett Disney Drake Eddie
Ertl Gipp Greig Greiner
Grubbs Hahn Halvorson Hammitt
Barry Hanson Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 1:
Siegrist
Amendment H-5040 lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Siegrist of Pottawattamie, until his arrival, on request of
Gipp of Winneshiek.
Tyrrell of Iowa asked and received unanimous consent to withdraw
amendment H-5015 filed by him and Vande Hoef on January 29, 1996.
Moreland of Wapello offered the following amendment H-5034 filed
by him and moved its adoption:
H-5034
1 Amend House Joint Resolution 2003 as follows:
2 1. Page 2, line 7, by striking the word "three"
3 and inserting the following: "two".
4 2. Page 2, line 27, by striking the word "three"
5 and inserting the following: "two".
6 3. Page 2, line 28, by striking the word "three"
7 and inserting the following: "two".
8 4. Page 2, line 30, by striking the word "three"
9 and inserting the following: "two".
10 5. Page 3, line 9, by striking the word "three"
11 and inserting the following: "two".
A non-record roll call was requested.
The ayes were 30, nays 61.
Amendment H-5034 lost.
Witt of Black Hawk offered amendment H_5042 filed by Jochum of
Dubuque and him as follows:
H-5042
1 Amend House Joint Resolution 2003 as follows:
2 1. Page 2, by striking lines 21 and 22 and
3 inserting the following:
4 "AUDITOR AND TREASURER. Sec. 22. An Auditor of
5 State and a Treasurer of State shall".
6 2. Page 2, by striking lines 26 and 27 and
7 inserting the following: "perform such duties as may
8 be provided by law. A".
9 3. Page 3, by inserting after line 14 the
10 following:
11 "Sec. ___. The following amendment to the
12 Constitution of the State of Iowa is proposed:
13 1. Section 16 of Article III of the Constitution
14 of the State of Iowa, as amended by amendment number 4
15 of the Amendments of 1968, is repealed and the
16 following adopted in lieu thereof:
17 EXECUTIVE APPROVAL _ VETO _ ITEM VETO BY
18 GOVERNOR. Sec. 16. Every bill which shall have
19 passed the general assembly, shall, before it becomes
20 a law, be presented to the governor. If the governor
21 approves, the governor shall sign it; but if not, the
22 governor shall return it with the governor's
23 objections, to the house in which it originated, which
24 shall enter the same upon their journal, and proceed
25 to reconsider it; if, after such reconsideration, it
26 again passes both houses, by yeas and nays, by a
27 majority of two thirds of the members of each house,
28 it shall become a law, notwithstanding the governor's
29 objections. If any bill shall not be returned within
30 three days after it shall have been presented to the
31 governor, Sunday excepted, the same shall be a law in
32 like manner as if the governor had signed it, unless
33 the general assembly, by adjournment, prevent such
34 return. Any bill submitted to the governor for
35 approval during the last three days of a session of
36 the general assembly shall be deposited by the
37 governor in a state office, which office shall be
38 designated by law, within thirty days after the
39 adjournment, with the governor's approval, if approved
40 by the governor, and with the governor's objections,
41 if the governor disapproves thereof.
42 The governor may approve appropriation bills in
43 whole or in part, and may disapprove any item of an
44 appropriation bill; and the part approved shall become
45 a law. Any item of an appropriation bill disapproved
46 by the governor shall be returned, with the governor's
47 objections, to the house in which it originated, or
48 shall be deposited by the governor in a state office,
49 which office shall be designated by law, in the case
50 of an appropriation bill submitted to the governor for
Page 2
1 the governor's approval during the last three days of
2 a session of the general assembly, and the procedure
3 in each case shall be the same as provided for other
4 bills. Any such item of an appropriation bill may be
5 enacted into law notwithstanding the governor's
6 objections, in the same manner as provided for other
7 bills.
8 2. Section 21 of Article IV of the Constitution of
9 the State of Iowa is repealed and the following
10 adopted in lieu thereof:
11 GRANTS AND COMMISSIONS. Sec. 21. All grants and
12 commissions shall be in the name and by the authority
13 of the people of the State of Iowa, sealed with the
14 Great Seal of the State and signed by the governor.
15 3. Section 22 of Article IV of the Constitution of
16 the State of Iowa, as amended by amendment number 1 of
17 the Amendments of 1972, is repealed and the following
18 adopted in lieu thereof:
19 AUDITOR _ TREASURER. Sec. 22. An Auditor of
20 State and a Treasurer of State shall be elected by the
21 qualified electors at the same time that the Governor
22 is elected and for a four-year term commencing on the
23 first day of January next after their election, and
24 they shall perform such duties as may be provided by
25 law."
26 4. Page 3, line 15, by striking the word
27 "amendment" and inserting the following:
28 "amendments".
29 5. Page 3, line 16, by striking the word "is" and
30 inserting the following: "are".
31 6. Title page, line 5, by striking the words
32 "Secretary of State,".
33 7. Title page, line 6, by inserting after the
34 word "State" the following: ", and proposing an
35 amendment to the Constitution of the State of Iowa
36 relating to the office of Secretary of State".
37 8. By renumbering as necessary.
Churchill of Polk rose on a point of order that amendment H-5042
was not germane.
The Speaker ruled the point well taken and amendment H-5042 not
germane.
Fallon of Polk offered amendment H-5027 filed by Fallon et. al.
as follows:
H-5027
1 Amend House Joint Resolution 2003 as follows:
2 1. Page 3, by inserting after line 14, the
3 following:
4 "Sec. . The following amendment to the
5 Constitution of the State of Iowa is proposed:
6 Article II of the Constitution of the State of Iowa
7 is amended by adding the following new section:
8 ELECTIVE PROCESS. Sec. 8. The elective processes
9 shall be subject to public scrutiny and free from
10 financial bias. A candidate for statewide elective
11 office or a candidate for the General Assembly, may
12 choose to run a campaign restricted by expenditure
13 limits. A candidate for statewide elective office
14 running a restricted campaign shall limit
15 contributions from political action committees to not
16 more than thirty-five percent of total campaign
17 expenditures. A candidate for the General Assembly
18 running a restricted campaign shall limit
19 contributions from political action committees to not
20 more than thirty-five percent of total campaign
21 expenditures. Contributions by individuals to
22 candidates for statewide elective office shall not
23 exceed one thousand dollars. Contributions by
24 individuals to candidates for the General Assembly
25 shall not exceed five hundred dollars. The General
26 Assembly shall provide by law for implementation of
27 this section."
28 2. Page 3, by striking line 15 and inserting the
29 following:
30 "Sec. ___. The foregoing amendments to the
31 Constitution of the".
32 3. Page 3, line 16, by striking the word "is" and
33 inserting the following: "are".
34 4. Title page, line 1, by striking the words "an
35 amendment" and inserting the following: "amendments".
36 5. Title page, line 6, by inserting after the
37 word "State" the following: "and relating to campaign
38 receipts and expenditures".
39 6. By numbering and renumbering as necessary.
Churchill of Polk rose on a point of order that amendment H-5027
was not germane.
The Speaker ruled the point well taken and amendment H-5027 not
germane.
Fallon of Polk moved to suspend the rules to consider amendment
H-5027.
Roll call was requested by Jochum of Dubuque and Fallon of Polk.
Rule 75 was invoked.
On the question "Shall the rules be suspended to consider
amendment H-5027?" (H.J.R. 2003)
The ayes were, 37:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Warnstadt Weigel Wise
Witt
The nays were, 62:
Arnold Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt
Barry Hanson Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen,
Presiding
Absent or not voting, 1:
Siegrist
The motion to suspend the rules lost.
Cataldo of Polk offered amendment H-5038 filed by him as follows:
H-5038
1 Amend House Joint Resolution 2003 as follows:
2 1. Page 3, by inserting after line 14 the
3 following:
4 " . Article IV of the Constitution of the State
5 of Iowa is amended by adding the following new
6 section:
7 STATE DEPARTMENT APPOINTMENTS BY GOVERNOR _ LIMI-
8 TATIONS. Sec. 23. A person appointed head of a state
9 department by the Governor shall not serve more than
10 eight years in that position. This limitation applies
11 to appointments made on or after January 1, 1999."
12 2. Title page, line 3, by striking the words "and
13 to" and inserting the following: "to".
14 3. Title page, line 6, by inserting after the
15 word "State" the following: "and to limit the number
16 of years served by certain appointed State officials".
17 4. By renumbering as necessary.
Cormack of Webster rose on a point of order that amendment
H-5038 was not germane.
The Speaker ruled the point well taken and amendment H-5038 not
germane.
Cataldo of Polk moved to suspend the rules to consider amendment
H-5038.
Roll call was requested by Schrader of Marion and Doderer of
Johnson.
On the question "Shall the rules be suspended to consider
amendment H-5038?" (H.J.R. 2003)
The ayes were, 36:
Bell Bernau Brammer Brand
Burnett Cataldo Cohoon Connors
Doderer Drees Fallon Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May McCoy
Mertz Moreland Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Taylor
Warnstadt Weigel Wise Witt
The nays were, 61:
Arnold Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Cormack Daggett
Dinkla Disney Drake Eddie
Ertl Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer
Millage Nelson, B. Nutt
Rants Renken Salton Schulte
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 3:
Baker Corbett, Spkr. Siegrist
The motion to suspend the rules lost.
Jochum of Dubuque offered amendment H-5041 filed by Jochum et.
al., as follows:
H-5041
1 Amend House Joint Resolution 2003 as follows:
2 1. Page 3, by inserting after line 14, the
3 following:
4 "Sec. . The following amendment to the
5 Constitution of the State of Iowa is proposed:
6 Article II of the Constitution of the State of Iowa
7 is amended by adding the following new section:
8 ELECTIVE PROCESS. Sec. 8. The elective processes
9 shall be free from financial bias. Campaign
10 expenditure limits, subject to adjustment from time to
11 time, shall be set for each candidate for state
12 elective office, and contribution limits may be
13 imposed voluntarily by a candidate for state elective
14 office in exchange for public campaign funds. The
15 General Assembly shall provide by law for
16 implementation of this section."
17 2. Page 3, by striking line 15 and inserting the
18 following:
19 "Sec. ___. The foregoing amendments to the
20 Constitution of the".
21 3. Page 3, line 16, by striking the word "is" and
22 inserting the following: "are".
23 4. Title page, line 1, by striking the words "an
24 amendment" and inserting the following: "amendments".
25 5. Title page, line 6, by inserting after the
26 word "State" the following: "and relating to campaign
27 receipts and expenditures".
28 6. By numbering and renumbering as necessary.
Cormack of Webster rose on a point of order that amendment
H-5041 was not germane.
The Speaker ruled the point well taken and amendment H-5041 not
germane.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-5047 filed by Jochum, et. al., on February
5, 1996.
Churchill of Polk moved that the joint resolution be read a last
time now and placed upon its adoption which motion prevailed and
the joint resolution was read a last time.
House Joint Resolution 2003, a joint resolution proposing an
amendment to the constitution of the State of Iowa to limit the
number of terms for members of the Senate and the House of
Representatives, and to limit the number of terms of Governor,
Lieutenant Governor, Attorney General, Secretary of State,
Auditor of State, and Treasurer of State.
Be It Resolved By The General Assembly Of The State Of Iowa.
Section 1. The following amendment to the Constitution of
the State of Iowa is proposed:
1. Section 3 of Article III of the Constitution of the
State of Iowa is repealed and the following adopted in lieu
thereof:
REPRESENTATIVES. SEC. 3. The members of the House of
Representatives shall be chosen every second year, by the
qualified electors of their respective districts, and their term
of office shall commence on the first day of January next after
their election, and continue two years, and until their
successors are elected and qualified. A person shall not be
elected as a Representative more than six times. If a person is
elected to serve a portion of a term to which some other person
was elected, the partial term served shall not be included as an
election.
This limitation on the number of terms shall apply to
terms of office beginning on or after January 1, 1999.
2. Section 5 of Article III of the Constitution of the
State of Iowa is repealed and the following adopted in lieu
thereof:
SENATORS _ QUALIFICATIONS. SEC. 5. Senators shall be
chosen for the term of four years, at the same time and place as
Representatives; they shall be twenty-five years of age, and
possess the qualifications of Representatives as to residence
and citizenship. A person shall not be elected as a Senator
more than three times. If a person is elected to serve a
portion of a term to which some other person was elected, the
partial term served shall not be included as an election.
This limitation on the number of terms shall apply to terms
of office beginning on or after January 1, 1999.
3. Section 2 of Article IV of the Constitution of the
State of Iowa, as amended by amendment number 1 of the
Amendments of 1972 and amendment number 1 of the Amendments of
1988, is repealed and the following adopted in lieu thereof:
ELECTION AND TERM. SEC. 2. The Governor and the Lieutenant
Governor shall be elected by the qualified electors at the time
and place of voting for members of the General Assembly. Each
of them shall hold office for four years from the time of
installation in office and until a successor is elected and
qualifies. A person shall not be elected Governor or Lieutenant
Governor more than three times. If a person succeeds to the
office of Governor to serve a portion of a term to which some
other person was elected Governor, the partial term shall not be
included as an election. If a person is elected or appointed to
serve as Lieutenant Governor for a portion of a term to which
some other person was elected or appointed Lieutenant Governor,
the partial term shall not be included as an election.
This limitation on the number of terms shall apply to terms of
office beginning on or after January 1, 1999.
4. Section 22 of Article IV of the Constitution of the State of
Iowa, as amended by amendment number 1 of the Amendments of
1972, is repealed and the following adopted in lieu thereof:
SECRETARY _ AUDITOR _ TREASURER. SEC. 22. A Secretary of
State, an Auditor of State and a Treasurer of State shall be
elected by the qualified electors at the same time that the
Governor is elected and for a four-year term commencing on the
first day of January next after their election, and they shall
perform such duties as may be provided by law. A person shall
not be elected Secretary of State more than three times. A
person shall not be elected Auditor of State more than three
times. A person shall not be elected Treasurer of State more
than three times. If a person is elected or appointed to serve
a portion of a term to which some other person was elected or
appointed, the partial term shall not be included as an election.
This limitation on the number of terms shall apply to terms of
office beginning on or after January 1, 1999.
5. Section 12 of Article V of the Constitution of the State of
Iowa, as amended by amendment number 1 of the Amendments of
1972, is repealed and the following adopted in lieu thereof:
ATTORNEY GENERAL. SEC. 12. The General Assembly shall provide,
by law, for the election of an Attorney General by the people,
whose term of office shall be four years, and until a successor
is elected and qualifies. A person shall not be elected
Attorney General more than three times. If a person is elected
or appointed to serve a portion of a term to which some other
person was elected or appointed, the partial term shall not be
included as an election.
This limitation on the number of terms shall apply to terms of
office beginning on or after January 1, 1999.
Sec. 2. The foregoing amendment to the Constitution of the
State of Iowa is referred to the General Assembly to be chosen
at the next general election for members of the General Assembly
and the Secretary of State is directed to cause the same to be
published for three consecutive months previous to the date of
that election as provided by law.
On the question "Shall the joint resolution be adopted and
agreed to?" (H.J.R. 2003)
The yeas were, 61:
Arnold Blodgett Boddicker Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Disney Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries Grubbs Hahn
Halvorson Hammitt Barry Hanson Harrison
Heaton Houser Hurley Huseman
Jacobs Klemme Kremer Lamberti
Larson Lord Main Martin
McCoy Meyer Millage Moreland
Mundie Nelson, B. Nutt O'Brien
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
The nays were, 39:
Baker Bell Bernau Boggess
Brammer Brand Burnett Cataldo
Cohoon Connors Daggett Dinkla
Doderer Drake Drees Grundberg
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
Mertz Metcalf Murphy Myers
Nelson, L. Ollie Osterhaus
Schrader Shoultz Taylor Tyrrell
Warnstadt Weigel Wise Witt
Absent or not voting, none.
The joint resolution having received a constitutional majority
was declared to have been adopted and agreed to by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Joint Resolution 2003 be immediately messaged to the
Senate.
House File 199, a bill for an act limiting the number of terms a
person may serve as secretary of agriculture and providing
applicability and effective date provisions, with report of
committee recommending passage, was taken up for consideration.
Churchill 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.
On the question "Shall the bill pass?" (H.F. 199)
The ayes were, 63:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett, Spkr.
Cormack Disney Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Meyer Millage Moreland
Mundie Myers Nelson, B. Nutt
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
The nays were, 37:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Daggett Dinkla
Doderer Drake Drees Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May McCoy
Mertz Metcalf Murphy Nelson, L.
O'Brien Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weigel
Wise Witt
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
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.
Ollie of Clinton offered amendment H-5044 filed by him as
follows:
H-5044
1 Amend Senate File 2082, as passed by the Senate, as
2 follows:
3 1. Page 1, line 12, by inserting after the word
4 "year." the following: "For the budget year beginning
5 July 1, 1998, however, if the estimate for state
6 revenue growth agreed to at the state revenue
7 estimating conference held in December 1997 exceeds
8 3.5 percent, the state percent of growth for the
9 budget year beginning July 1, 1998, is rescinded and
10 shall be redetermined by the general assembly. The
11 thirty-day requirement for establishing the state
12 percent of growth by statute shall apply if a
13 redetermination is necessary for the budget year
14 beginning July 1, 1998. If the thirty-day requirement
15 for establishing the state percent of growth by
16 statute is not met, the state percent of growth shall
17 be the estimate for state revenue growth agreed to at
18 the state revenue estimating conference held in
19 December 1997."
Ollie of Clinton offered the following amendment H-5054, to
amendment H-5044, filed by him from the floor and moved its
adoption:
H-5054
1 Amend the amendment, H-5044, to Senate File 2082,
2 as passed by the Senate, as follows:
3 1. Page 1, line 4, by striking the word "For" and
4 inserting the following: "Notwithstanding the
5 restriction in this section that the state percent of
6 growth for a budget year shall be the only subject
7 matter of the bill which enacts the state percent of
8 growth, for".
Roll call was requested by Ollie of Clinton and Schrader of
Marion.
On the question "Shall amendment H-5054, to amendment H-5044, be
adopted?" (S.F. 2082)
The ayes were, 37:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Mertz Moreland Mundie Murphy
Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Warnstadt Weigel Wise
Witt
The nays were, 63:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson Hammitt
Barry Hanson Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage 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, none.
Amendment H-5054 lost.
Ollie of Clinton asked and received unanimous consent to
withdraw amendment H-5044 filed by him on February 5, 1996.
Ollie of Clinton offered amendment H-5045 filed by him as
follows:
H-5045
1 Amend Senate File 2082, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 12 the
4 following:
5 "Sec. ___. Section 257.8, subsection 2, Code
6 Supplement 1995, is amended by adding the following
7 new unnumbered paragraph:
8 NEW UNNUMBERED PARAGRAPH. For the budget year
9 beginning July 1, 1999, allowable growth shall be
10 determined pursuant to a formula to be established by
11 the department of education, taking into consideration
12 current and projected state revenue growth, the state
13 financial outlook, and the revenue needs of the school
14 districts. Upon the repeal of chapter 257, which is
15 effective July 1, 2001, in accordance with 1989 Iowa
16 Acts, chapter 135, section 135, the formula
17 established by the department of education for the
18 budget year beginning July 1, 1999, shall be
19 incorporated into the restructured school finance
20 formula effective for the budget year beginning July
21 1, 2001, and succeeding budget years."
22 2. By renumbering and correcting internal
23 references as necessary.
Ollie of Clinton offered the following amendment H-5053, to
amendment H-5045, filed by him from the floor and moved its
adoption:
H-5053
1 Amend the amendment, H-5045, to Senate File 2082,
2 as passed by the Senate, as follows:
3 1. Page 1, by striking line 8 and inserting the
4 following:
5 "NEW UNNUMBERED PARAGRAPH. Notwithstanding the
6 restriction in this section that the state percent of
7 growth for a budget year shall be the only subject
8 matter of the bill which enacts the state percent of
9 growth, for the budget year".
10 2. By renumbering and correcting internal
11 references as necessary.
Roll call was requested by Ollie of Clinton and Schrader of
Marion.
On the question "Shall amendment H-5053, to amendment H-5045, be
adopted?" (S.F. 2082)
The ayes were, 37:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weigel
Wise Witt
The nays were, 63:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harrison Heaton
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Lord Main Martin Metcalf
Meyer Millage 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, none.
Amendment H-5053 lost.
Ollie of Clinton asked and received unanimous consent to
withdraw amendment H-5045 filed by him on February 5, 1996.
Gries of Crawford 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. 2082)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Fallon Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt
Barry 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 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, 3:
Ertl Meyer Millage
Absent or not voting, none.
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 File 199 and Senate File 2082.
SPONSOR ADDED
(House File 2147)
Harrison of Scott requested to be added as a sponsor of House
File 2147.
HARRISON of Scott
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
1996\ 73 Raymond Shaw, Camanche - For rescuing his neighbor from
her burning home.
1996\74 Florence and Clarence Bach, Clinton - For celebrating
their Sixty-second wedding anniversary.
1996\75 Betty and Leonard Detter, Mingo - For celebrating their
Fiftieth wedding anniversary.
1996\76 Ed H. Jansen, Council Bluffs - For celebrating his
Ninety-fifth birthday.
1996\77 Suellen Overton, Council Bluffs - For being named one of
the Des Moines Register's Iowa Up-and-Comers.
1996\78 Ronald Tekippe, Council Bluffs - For being named one of
the Des Moines Register's Iowa Up-and-Comers.
1996\79 Minnie and Joe Fiala, Moorland - For celebrating their
Sixty-ninth wedding anniversary.
1996\80 Mr. and Mrs. Fay J. Repp, Newton - For celebrating their
Fiftieth wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 2115
Transportation: Blodgett, Chair; Carroll and Ollie.
House File 2125
Transportation: Arnold, Chair; McCoy and Weidman.
House File 2128
Appropriations: Millage, Chair; Gipp and Murphy.
House File 2129
Transportation: Weidman, Chair; Cohoon and Nelson of Marshall.
House File 2130
Transportation: Brauns, Chair; Branstad and Larkin.
House File 2131
Environmental Protection: Greiner, Chair; Rants and Shoultz.
House Concurrent Resolution 108
Transportation: Heaton, Chair; Koenigs and Main.
Senate File 2022
Environmental Protection: Greiner, Chair; Rants and Shoultz.
Senate File 2066
Judiciary: Lamberti, Chair; Bernau and Kremer.
Senate File 2070
State Government: Coon, Chair; Houser and Taylor.
Senate File 2072
Transportation: Main, Chair; Branstad and Mundie.
Senate File 2087
Judiciary: Nutt, Chair; Dinkla and Holveck.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 536
Transportation: Welter, Chair; Heaton and Mundie.
House Study Bill 537
Transportation: Heaton, Chair; Carroll and McCoy.
House Study Bill 556
Transportation: Nelson of Marshall, Chair; Salton and Warnstadt.
House Study Bill 561 Reassigned
Judiciary: Grubbs, Chair; Doderer and Hurley.
House Study Bill 563
Economic Development: Larson, Chair; Hammitt Barry and Warnstadt.
House Study Bill 564
Appropriations: Millage, Chair; Gipp and Koenigs.
House Study Bill 582
Appropriations: Kremer, Chair; Houser and Murphy.
House Study Bill 583
Economic Development: Teig, Chair; Harper and Main.
House Study Bill 584
Appropriations: Gipp, Chair; Brand and Ertl.
House Study Bill 585
Appropriations: Millage, Chair; Gipp and Wise.
House Study Bill 586
Appropriations: Sukup, Chair; Cormack and Kreiman.
House Study Bill 587
Economic Development: Nelson of Marshall, Chair; Bradley,
Brand, Heaton and McCoy.
House Study Bill 588
Economic Development: Teig, Chair; Harper and Main.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 602 Commerce-Regulation
Relating to entities and subject matter under the regulatory
authority of the securities bureau of the division of insurance.
H.S.B. 603 Commerce-Regulation
Relating to the percentage of the legal reserve of a life
insurance company which may be invested in certain corporate
obligations.
H.S.B. 604 Education
Relating to the establishing of a truancy school in each area
education agency, defining certain truants as children in need
of assistance or as delinquents, making an appropriation,
providing for properly related matters, and providing a
conditional effective date.
H.S.B. 605 Economic Development
Relating to damages in tort actions.
H.S.B. 606 Transportation
Relating to motorcycle rider education and providing an
effective date.
H.S.B. 607 Transportation
Relating to the state transportation commission and the state
department of transportation budget estimates.
H.S.B. 608 Transportation
Relating to certain motor vehicle operation violations involving
signals and stops and increasing certain scheduled fines.
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 EDUCATION
Senate File 2063, a bill for an act establishing a school
improvement technology program to fund instructional technology
for school districts, the Iowa braille and sight saving school,
the state school for the deaf and the Price laboratory school,
providing for properly related matters, and making
appropriations, and providing an effective date.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H-5051 February 5,
1996.
Pursuant to Rule 31.7, Senate File 2063 was referred to
committee on appropriations.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 531.1), a bill for an
act relating to industrial machinery, computers and equipment
for purposes of sales taxation and property taxation and
providing an effective date and applicability date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 5, 1996.
Committee Bill (Formerly House Study Bill 538), a bill for an
act relating to the taxation of foreign corporations and
providing an effective and retroactive applicability date
provision.
Fiscal Note is not required.
Recommended Amend and Do Pass February 5, 1996.
AMENDMENTS FILED
H_5051 S.F. 2063 Committee on Education
H_5052 H.F. 2111 Halvorson of Clayton
Gries of Crawford Brunkhorst of Bremer
Cormack of Webster
H_5055 S.F. 2063 Ertl of Dubuque
H_5056 H.F. 2111 Wise of Lee
H_5057 S.F. 2063 Brunkhorst of Bremer
Sukup of Franklin Tyrrell of Iowa
On motion by Siegrist of Pottawattamie, the House adjourned at
5:30 p.m. until 8:45 a.m., February 7, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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Last update: Thu Feb 8 08:35:01 CST 1996
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