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Thirty-second Calendar Day - Twenty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 8, 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 Stan Kielsen, United Lutheran and
St. John's Lutheran Churches, Shelby and Persia.
The Journal of Wednesday, February 7, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Boddicker of Cedar, until his arrival, on request of Siegrist of
Pottawattamie.
INTRODUCTION OF BILLS
House File 2177, by committee on local government, a bill
for an act relating to the exclusion of century farms from
economic development areas for purposes of urban renewal and
providing for the Act's applicability.
Read first time and placed on the calendar.
House File 2178, by Jacobs, a bill for an act authorizing
school districts to establish and enforce traffic and parking
rules and authorizing penalties.
Read first time and referred to committee on education.
House File 2179, by Cataldo, Doderer, Baker, Murphy, McCoy,
Connors, Kreiman, Bell, Mascher, Burnett, Jochum, Wise, Brand,
Myers, Bernau, Shoultz, Ollie, Taylor, Cohoon, Nelson of
Pottawattamie, Osterhaus, O'Brien, Drees, May, Harper,
Warnstadt, and Schrader, a bill for an act relating to
increasing the hourly minimum wage requirement in Iowa.
Read first time and referred to committee on labor and
industrial relations.
House File 2180, by Kreiman, a bill for an act requiring
participation of the parties to a dissolution of marriage in
mediation prior to the hearing on the petition and prior to the
granting of a dissolution decree.
Read first time and referred to committee on judiciary.
House File 2181, by committee on human resources, a bill for
an act relating to the statistical reporting of terminations of
pregnancy and establishing penalties.
Read first time and placed on the calendar.
House File 2182, by Blodgett, Mertz, Kremer, Veenstra,
Daggett, Greiner, Thomson, Martin, Lord, Nutt, Gries, Jacobs,
Salton, Branstad, Greig, Nelson of Marshall, Hahn, Hanson,
Boddicker, Vande Hoef, Carroll, Coon, Lamberti, Huseman, Hammitt
Barry, Boggess, Teig, Arnold, Cormack, Van Fossen, Halvorson,
Weidman, Rants, Schulte, Disney, Tyrrell, Brauns, Hurley, Eddie,
Van Maanen, Doderer, McCoy, O'Brien, Murphy, Ollie, Nelson of
Pottawattamie, Cohoon, Taylor, Drees, Warnstadt, Harper,
Kreiman, Weigel, Burnett, Bernau, Myers, Moreland, Brand,
Mascher, Jochum, Connors, Shoultz, Larkin, Mundie, May, Holveck,
Schrader, and Osterhaus, a bill for an act relating to prenatal
testing for group B streptococcus, and providing an effective
date.
Referred to committee on human resources.
House File 2183, by committee on judiciary, a bill for an
act relating to the validity of certain marriages.
Read first time and placed on the calendar.
House File 2184, by Sukup, Teig, Arnold, Branstad, Garman,
and Coon, a bill for an act relating to animal feeding
operations by providing for minimum distance requirements,
establishing applicability provisions, and making penalties
applicable.
Referred to committee on agriculture.
SENATE MESSAGES CONSIDERED
Senate File 2046, by committee on natural resources,
environment, and energy, a bill for an act relating to water and
ice vessel accident reports filed with the natural resource
commission of the department of natural resources and providing
for an effective date and the Act's applicability.
Read first time and referred to committee on natural resources.
Senate File 2097, by committee on ways and means, a bill for
an act providing a sales, services, and use tax exemption on
certain packaging materials used in agricultural, livestock, or
dairy production.
Read first time and referred to committee on ways and means.
Senate File 2130, by committee on agriculture, a bill for an
act eliminating the requirement to commence litigation involving
shipments of plants infested with gypsy moths, and providing an
effective date.
Read first time and referred to committee on agriculture.
Senate File 2138, by committee on local government, a bill
for an act relating to county mental health and developmental
disability funding.
Read first time and referred to committee on local government.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2036 be immediately messaged to the Senate.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 73, a bill for an act requiring licensure of certain
social workers, providing an effective date, imposing fees, and
making penalties applicable, with report of committee
recommending amendment and passage, was taken up for
consideration.
Bradley of Clinton offered the following amendment H-5018 filed
by the committee on state government and moved its adoption:
H-5018
1 Amend Senate File 73, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 30, by inserting after the word
4 "Code" the following: "Supplement".
5 2. Page 6, line 34, by striking the figure "1997"
6 and inserting the following: "1998".
7 3. Page 7, line 22, by striking the figure "1995"
8 and inserting the following: "1996".
9 4. Page 7, line 24, by striking the figure "1997"
10 and inserting the following: "1998".
11 5. Page 7, line 30, by striking the figure "1995"
12 and inserting the following: "1996".
13 6. Page 8, line 16, by inserting after the word
14 "Code" the following: "Supplement".
15 7. Page 8, line 22, by striking the figure "1997"
16 and inserting the following: "1998".
The committee amendment H-5018 was adopted.
Bradley of Clinton 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. 73)
The ayes were, 88:
Arnold Baker Bell Bernau
Blodgett Boggess Bradley Brand
Branstad Brauns Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Corbett, Spkr. Cormack Daggett
Dinkla Doderer Drake Eddie
Ertl Fallon Garman Gipp
Greig Greiner Gries Grubbs
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Hurley Huseman Jacobs Jochum
Koenigs Kreiman Kremer Lamberti 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
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, 9:
Brunkhorst Disney Drees Houser
Klemme Larkin Larson Lord
Vande Hoef
Absent or not voting, 3:
Boddicker Brammer Grundberg
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 73 be immediately messaged to the Senate.
SPECIAL PRESENTATION
Kremer of Buchanan presented to the House General Raymond G.
Davis, of Stockbridge, Georgia. General Davis served
thirty-three years in the United States Marine Corps, prior to
his retirement. He is a veteran of World War II, the Korean and
Vietnam conflicts. He was awarded the Congressional Medal of
Honor and numerous other medals.
General Davis addressed the House briefly.
The House rose and expressed its appreciation.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:29 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 2185, by Hammitt Barry, Daggett, Carroll, Hahn,
Boggess, Nutt, Teig, Lamberti, Harrison, Larson, Weidman,
Bradley, Schulte, Hurley, Vande Hoef, Disney, Arnold, Renken,
Main, Welter, Tyrrell, Nelson of Pottawattamie, Warnstadt,
Thomson, Lord, Metcalf, Rants, Houser, Drake, Nelson of
Marshall, Hanson, Churchill, Grundberg, Branstad, Jacobs,
Klemme, Halvorson, Coon, Huseman, Boddicker, and Kremer, a bill
for an act relating to school finance by providing a formula to
fund costs resulting from increased student enrollment and
making an appropriation.
Read first time and referred to committee on education.
House File 2186, by Brauns, a bill for an act relating to
the regulation of junkyards and requiring the recording of
certain transactions.
Read first time and referred to committee on commerce-regulation.
House File 2187, by Vande Hoef, a bill for an act relating
to the attachment of property to a rural water district.
Read first time and referred to committee on local government.
House File 2188, by Kremer and Connors, a bill for an act
relating to veterans of the United States armed forces, by
changing eligibility for veteran benefits, preferences, and tax
exemptions, by providing for the administration of veteran
benefits, providing a penalty, and by providing for other
properly related matters.
Read first time and referred to committee on state government.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty-four members present,
sixteen absent.
CONSIDERATION OF BILLS
Ways and Mean Calendar
House File 2137, 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, was taken up for consideration.
The House stood at ease at 1:10 p.m., until the fall of the
gavel.
The House resumed session at 1:33 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Jochum of Dubuque and Harper of Black Hawk, both on request of
Nelson of Pottawattamie; Disney of Polk on request of Siegrist
of Pottawattamie.
O'Brien of Boone offered amendment H-5043 filed by him and May
and requested division as follows:
H-5043
1 Amend House File 2137 as follows:
H-5043A
2 1. Page 1, line 7, by striking the word and
3 figures "July 1, 1996" and inserting the following:
4 "October 31, 1996".
H-5043B
5 2. Page 1, line 13, by striking the words
6 "without interest" and inserting the following: "with
7 interest calculated to January 31, 1996".
H-5043A
8 3. Page 1, line 13, by striking the words ", less
9 five dollars to".
10 4. Page 1, by striking lines 14 and 15 and
11 inserting the following: ". The claim for".
12 5. Page 1, line 19, by striking the word and
13 figures "July 1, 1996" and inserting the following:
14 "October 31, 1996".
O'Brien of Boone offered the following amendment H-5061, to
amendment H-5043A, filed by him from the floor and moved its
adoption:
H-5061
1 Amend amendment, H-5043, to House File 2137 as
2 follows:
3 1. Page 1, by inserting after line 14 the
4 following:
5 " . Page 2, by inserting after line 4 the
6 following:
7 "Sec. ___. There is appropriated from the general
8 fund of the state to the department of revenue and
9 finance for the fiscal year beginning July 1, 1995,
10 and ending June 30, 1996, an amount estimated by the
11 department to be sufficient to pay all refund claims
12 timely filed pursuant to section 422.73, subsection 3,
13 and to pay up to $30,000 for processing such claims.
14 Notwithstanding section 8.33, moneys appropriated
15 in this section which remain unexpended or unobligated
16 at the close of the fiscal year shall not revert to
17 the general fund of the state but shall remain
18 available for expenditure in the succeeding fiscal
19 year for the purposes of paying refund claims and
20 processing costs as provided and the moneys are not
21 subject to transfer under section 8.39."
22 . Title page, line 4, by inserting after the
23 word "pensions" the following: "and appropriating
24 moneys to pay refund claims"."
Amendment H-5061 was adopted.
On motion by O'Brien of Boone amendment H-5043A, as amended,
was adopted.
O'Brien of Boone moved the adoption of amendment H-5043B.
Roll call was requested by Schrader of Marion and O'Brien of
Boone.
Rule 75 was invoked.
On the question "Shall amendment H-5043B be adopted?" (H.F. 2137)
The ayes were, 37:
Arnold Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Holveck Hurley 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 Brauns
Brunkhorst Carroll Churchill Coon
Corbett, Spkr. Cormack Daggett Dinkla
Drake Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harrison Heaton Houser
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Millage Nelson, B.
Nutt Rants Renken Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
Absent or not voting, 6:
Branstad Disney Harper Jochum
Meyer Salton
Amendment H-5043B lost.
Kreiman of Davis offered the following amendment H-5049 filed by
him and moved its adoption:
H-5049
1 Amend House File 2137 as follows:
2 1. Page 1, line 31, by striking the word
3 "Estates".
4 2. By striking page 1, line 32, through page 2,
5 line 1, and inserting the following: "A spouse of a
6 decedent taxpayer who was the spouse of the taxpayer
7 when the unconstitutional tax was imposed may file a
8 claim for refund without having to reopen the estate."
Amendment H-5049 lost.
Drake of Pottawattamie 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. 2137)
The ayes were, 95:
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
Doderer Drake Drees Eddie
Ertl Fallon Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Millage
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Renken
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, 5:
Disney Harper Jochum Meyer
Salton
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2137 be immediately messaged to the Senate.
EXPLANATION OF VOTE
I was temporarily absent from the House chamber on Wednesday,
February 7, 1996. Had I been present, I would have voted "aye"
on House File 2111.
VAN FOSSEN of Scott
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bill has been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this eighth day of February, 1996, House File 2065.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on February 8, 1996, he approved and transmitted to the
Secretary of State the following bills:
Senate File 2030, an act relating to state and county mental
health and developmental disability funding and related
provisions and including an appropriation, an effective date,
and an applicability provision.
Senate File 2082, 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.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE
A summary of Iowa's Drug and Violent Crime Control Strategy,
pursuant to Chapter 207.6, 1995 Acts of the Seventy-sixth
General Assembly.
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\83 Tom Aronson, Albert City - For being selected a 1995
Master Pork Producer.
1996\84 Deb Witt, Newell - For receiving the 1995 Iowa
Bellringer Award from the Iowa Pork Producers Association.
SUBCOMMITTEE ASSIGNMENTS
House File 2146
Economic Development: Nelson of Marshall, Chair; Baker, Hammitt
Barry, Main and Mascher.
House File 2150
Human Resources: Boddicker, Chair; Burnett, Ertl, Fallon and
Lord.
House File 2151
Human Resources: Carroll, Chair; Hurley and Moreland.
House File 2153
Labor and Industrial Relations: Hanson, Chair; Connors and
Kremer.
House File 2154
Commerce-Regulation: Renken, Chair; Doderer and Nutt.
House File 2155
Judiciary: Coon, Chair; Bernau and Schulte.
House File 2156
Commerce-Regulation: Lamberti, Chair; Brunkhorst and Cataldo.
House File 2158
Transportation: Carroll, Chair; Larkin and Salton.
House File 2159
Judiciary: Harrison, Chair; Bell and Veenstra.
House File 2161
Judiciary: Schulte, Chair; Greiner and Moreland.
House File 2162
Education: Veenstra, Chair; Kreiman and Rants.
House File 2167
Labor and Industrial Relations: Renken, Chair; Nelson of
Pottawattamie and Veenstra.
House File 2168
Judiciary: Boddicker, Chair; Holveck and Millage.
House File 2169
Transportation: Heaton, Chair; Warnstadt and Welter.
House File 2170
Education: Veenstra, Chair; Nelson of Pottawattamie and Van
Maanen.
House File 2173
Judiciary: Nutt, Chair; Dinkla and Shoultz.
House File 2174
State Government: Bradley, Chair; Connors and Gipp.
House File 2175
Judiciary: Boddicker, Chair; Kreiman and Schulte.
House File 2180
Judiciary: Hurley, Chair; Kreiman and Lamberti.
Senate File 2046
Natural Resources: Garman, Chair; Shoultz and Tyrrell.
Senate File 2063
Appropriations: Millage, Chair; Grundberg and Ollie.
Senate File 2088
Judiciary: Lamberti, Chair; Bernau and Nutt.
Senate File 2098
Appropriations: Meyer, Chair; Ertl and Kreiman.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 565
Local Government: Klemme, Chair; Connors and Huseman.
House Study Bill 566
Local Government: Disney, Chair; Hanson and Myers.
House Study Bill 567
Local Government: Vande Hoef, Chair; Cohoon and Disney.
House Study Bill 568
Local Government: Klemme, Chair; Carroll and Larkin.
House Study Bill 604
Education: Rants, Chair; Baker and Hanson.
House Study Bill 605
Economic Development: Bradley, Chair; Boggess and McCoy.
House Study Bill 606
Transportation: Welter, Chair; Heaton and McCoy.
House Study Bill 607
Transportation: Heaton, Chair; Koenigs and Nelson of Marshall.
House Study Bill 608
Transportation: Weidman, Chair; Eddie and May.
House Study Bill 615
Commerce-Regulation: Nutt, Chair; Holveck and Renken.
House Study Bill 616
Economic Development: Cormack, Chair; Drake, Hammitt Barry,
McCoy and O'Brien.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 617 Human Resources
Relating to the continued existence of the prevention of
disabilities policy council and technical assistance committee
and providing an effective date.
H.S.B. 618 Local Government
Expanding the issuance of motor vehicle licenses by county
treasurers and providing funding and an effective date.
H.S.B. 619 Transportation
Making transportation-related Code changes including providing
for a temporary registration permit and increasing registration
fees for certain trailers.
H.S.B. 620 Local Government
Providing requirements for implementation of new or revised
federal block grant provisions which affect local governments
and providing an effective date and applicability provision.
H.S.B. 621 Ways and Means
Updating the Iowa Code references to the Internal Revenue Code
and providing a retroactive applicability date and an effective
date.
H.S.B. 622 Local Government
Relating to certain certification requirements of a city or
county urban renewal area.
H.S.B. 623 Local Government
Relating to filing fees charged by county recorders and
eliminating a surcharge fee.
H.S.B. 624 Local Government
Relating to filing of instruments by county recorders.
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 APPROPRIATIONS
Committee Bill (Formerly House Study Bill 564), transferring
gambling moneys to the rebuild Iowa infrastructure fund and
providing retroactive and effective dates.
Fiscal Note is not required.
Recommended Do Pass February 8, 1996.
COMMITTEE ON STATE GOVERNMENT
House File 47, a bill for an act establishing English as the
official language of the state.
Fiscal Note is not required.
Recommended Do Pass February 7, 1996.
House File 2106, a bill for an act relating to agency rules, by
providing for the periodic review of the rules.
Fiscal Note is not required.
Recommended Do Pass February 7, 1996.
Committee Bill (Formerly House File 2126), relating to
permissible acts related to real estate sales, exchanges,
purchases, rentals, leases, or advertising by nonlicensees.
Fiscal Note is not required.
Recommended Amend and Do Pass February 7, 1996.
Committee Bill (Formerly House Study Bill 529), relating to
setting the compensation for publication of certain notices by
the superintendent of printing.
Fiscal Note is required.
Recommended Do Pass February 7, 1996.
AMENDMENTS FILED
H_5060 H.F. 2104 Grubbs of Scott
H_5062 H.F. 2166 Holveck of Polk
H_5063 H.F. 2166 Weigel of Chickasaw
On motion by Siegrist of Pottawattamie, the House adjourned at
2:00 p.m. until 10:00 a.m., Friday, February 9, 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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