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House Journal: Tuesday, February 13, 1996

Thirty-seventh Calendar Day - Twenty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 13, 1996
The House met pursuant to adjournment at 10:07 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Eddie K. Stubblefield, First
Christian Church, Sac City.
The Pledge of Allegiance was led by Molly Possehl, House Page.
The Journal of Friday, February 9, 1996 was approved.
House File 2192, by Teig, Sukup, Branstad, and Arnold, a
bill for an act prohibiting the construction of earthen manure
storage basins having a certain capacity and attached to a
confinement feeding operation confining swine.
Read first time and referred to committee on agriculture.
House File 2193, by Teig, Sukup, Arnold, Garman, Branstad,
and Coon, a bill for an act relating to distance requirements
between agricultural drainage wells and agricultural drainage
well intakes and animal feeding operation structures.
Read first time and referred to committee on agriculture.
House File 2194, by Teig, Sukup, Branstad, Garman, Coon, and
Arnold, a bill for an act providing for the submission and
filing of construction permit applications and manure management
plans involving animal feeding operations with county boards of
supervisors and permitting the imposition of a filing fee.
Read first time and referred to committee on agriculture.
House File 2195, by Teig, Sukup, Arnold, and Branstad, a
bill for an act relating to the removal, rerouting, and capping
of drainage tile lines near confinement feeding operations, and
making penalties applicable.
Read first time and referred to committee on agriculture.
Bell of Jasper presented to the House James C. Chen, Defacto
Counsel-General Taipei Economic and Cultural Office of the
Republic of China on Taiwan, in Chicago, and his assistant Simon
S. W. Sung.
Mr. Chen addressed the House briefly.
The House rose and expressed its welcome. 
Tyrrell of Iowa in the chair at 10:22 a.m.

Regular Calendar
House File 2104, a bill for an act relating to prison time
served by persons convicted of an aggravated misdemeanor or
greater offense, by providing for a reduction in the amount of
good and honor time that may be earned by forcible felons,
providing for a pilot project, and making other related changes,
with report of committee recommending amendment and passage, was
taken up for consideration.

Grubbs of Scott offered amendment H-5048 filed by the committee
on judiciary as follows:


 1     Amend House File 2104 as follows:
 2     1.  Page 1, lines 3 and 4,  by striking the words
 3   ", other than a forcible felony,".
 4     2.  Page 1, line 10, by striking the word "either"
 5   and inserting the following: "either any".
 6     3.  Page 1, by striking lines 11 through 16, and
 7   inserting the following:
 8     "Sec. ___.  Section 902.11, Code 1995, is amended
 9   by adding the following new subsection:
10     NEW SUBSECTION.  3.  The offense is a forcible
11   felony enumerated under section 902.12."
12     4.  Page 1, lines 17 and 18, by striking the words
13   "ELIGIBILITY OF" and inserting the following:
15     5.  Page 1, by striking lines 19 through 30 and
16   inserting the following:
17     "Except as otherwise provided in chapter 903A, a
18   person who has been convicted of the following
19   forcible felonies shall serve the entire term of the
20   person's maximum sentence and shall not be eligible
21   for parole or work release:
22     1.  Murder in the second degree in violation of
23   section 707.3.
24     2.  Sexual abuse in the second degree in violation
25   of section 709.3.
26     3.  Kidnapping in the second degree in violation of
27   section 710.3.
28     4.  Robbery in the first or second degree in
29   violation of section 711.2 or 711.3."
30     6.  Page 1, line 34, by striking the word and
31   figure "subsection 2,".
32     7.  Page 2, line 2, by inserting after the word
33   "institutions." the following:  "However, if an inmate
34   is sentenced under section 902.12, the total number of
35   days which may be accumulated by the inmate to reduce
36   the inmate's sentence shall not exceed fifteen percent
37   of the inmate's total sentence of confinement."
38     8.  Page 2, line 4, by striking the word and
39   figure "subsection 2,".
40     9.  Page 2, line 12, by striking the word and
41   figure "subsection 2,".
42     10.  Title page, by striking lines 1 through 4 and
43   inserting the following:  "An Act prohibiting the
44   release of certain forcible felons on parole or work
45   release, limiting the reduction of sentence for
46   certain forcible felons, providing for a pilot
47   project, and".
The House stood at ease at 10:27 a.m., until the fall of the
The House resumed session at 10:33 a.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Grubbs of Scott offered the following amendment H-5060, to the
committee amendment H-5048, filed by him and moved its adoption:


 1     Amend the amendment, H-5048, to House File 2104 as
 2   follows:
 3     1.  Page 1, by striking lines 40 and 41 and
 4   inserting the following:
 5     "   .  Page 2, by striking lines 11 through 15 and
 6   inserting the following:  "program approved by the
 7   director.  Reduction of sentence pursuant to this
 8   section"."
 9     2.  By renumbering as necessary.
Amendment H-5060 was adopted.
On motion by Grubbs of Scott, the committee amendment H-5048, as
amended, was adopted.
Grubbs of Scott 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. 2104)
The ayes were, 91:

Arnold         	Bell           	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brand          	Branstad      
	Brauns         	Brunkhorst     	Burnett        	Carroll       
		Cataldo        	Churchill      	Cohoon         	Connors       
		Coon           	Corbett, Spkr.        	Cormack        	Daggett
       		Dinkla         	Disney         	Drake          	Drees  
       		Eddie          	Ertl           	Garman         	Greig  
       	Greiner        	Gries          	Grubbs         	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 	Meyer         
		Millage        	Moreland       	Mundie         	Murphy        
		Myers          	Nelson, B.      	Nelson, L.       	Nutt       
   	O'Brien        	Osterhaus      	Rants          	Renken      
	  	Salton         	Schrader       	Schulte        	Shoultz     
  		Siegrist       	Sukup          	Taylor         	Teig        
  		Thomson        	Tyrrell        	Van Fossen         	Vande
Hoef     	Warnstadt      	Weidman        	Weigel         	Welter
        		Wise           	Witt           	Van Maanen, 
The nays were, 6:

Baker          	Bernau         	Doderer        	Fallon        
	Grundberg      	Ollie          	
Absent or not voting, 3:

Brammer        	Gipp           	 Veenstra       	
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2104 be immediately messaged to the Senate.

A communication was received from the Governor announcing that
on February 12, 1996, he approved and transmitted to the
Secretary of State the following bill:
House File 2065, an act relating to an appropriation to the
judicial department for long-range and strategic planning and
providing an effective date.
The Speaker announced that the following visitors were present
in the House chamber:
Fifty fourth grade students from Des Moines Christian School,
Des Moines, accompanied by Mrs. Dixon and Mrs. Iverson. By
Holveck of Polk.
The following communications were received and filed in the
office of the Chief Clerk:
A Final Report on the Job Training Task Force, pursuant to
Chapter 204, 1995 Acts of the Seventy-sixth General Assembly.
The Annual Report, pursuant to Chapter 7A.1, Code of Iowa.
The Annual Report on the Certificate of Need Program, pursuant
to Chapter 135.77, Code of Iowa.
The 1995 Report on the Iowa Child Death Review, pursuant to
Chapter 147.2(3)(a), 1995 Acts of the Seventy-sixth General
The Annual Report of the Iowa Health Data Commission, pursuant
to Chapter 145.6, Code of Iowa, and Chapter 212, 1995 Acts of
the Seventy-sixth General Assembly.
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

 Chief Clerk of the House    
1996\ 85	Gary Bucklin, Sports Director KSIB/KITR Radio, Creston
- For receiving the Jack Ogden and Chuck Burdick Media Award for
the West District. 
1996\86	Alta and Joe Pace, Bedford - For celebrating their
Seventieth wedding anniversary.
1996\87	Bernice and Robert A. Wright, Sr., Des Moines - For
celebrating their Fiftieth wedding anniversary.
1996\88	Lelah and August Amick, Osceola - For celebrating their
Fiftieth wedding anniversary.
House File 2179
Labor and Industrial Relations: Renken, Chair; Boddicker,
Halvorson, Jochum, Millage, Murphy, Sukup and Taylor.
House File 2182
Human Resources: Blodgett, Chair; Harper and Veenstra.
House File 2187
Local Government: Arnold, Chair; Mertz and Vande Hoef.
House File 2191
Human Resources: Carroll, Chair; Moreland and Schulte.
House Study Bill 625
State Government: Drake, Chair; Gipp and Taylor.

H.S.B.  626  Human Resources
Exempting certain parental disciplinary actions from the
definition of child abuse under the juvenile justice code.  
H.S.B.  627  Local Government 
Relating to termination of rental agreements and notice
provisions for actions to recover property.
H.S.B. 628 Commerce-Regulation
Relating to the regulation of insurance and amending provisions
providing for setoff of premium, fraudulent submissions to
insurers, availability of certain information to insurers,
length of term of the board of directors of an insurer, notice
of cancellation, and making a penalty applicable.
H.S.B. 629 Commerce-Regulation
Relating to publications referenced in administrative rules.
H.S.B. 630 Commerce-Regulation
Relating to energy efficiency programs, electric and gas public
utility energy efficiency mandates, and funding for the Iowa
energy center and the center for global and regional
environmental research.

H_5067	H.F.	2107	Blodgett of Cerro Gordo
H_5068	H.F.	2144	Boddicker of Cedar
			Myers of Johnson
H_5069	H.F.	2165	Larson of Linn
H_5070	H.F.	2144	Boddicker of Cedar
			Myers of Johnson
On motion by Siegrist of Pottawattamie, the House adjourned at
12:12 p.m., until 8:45 a.m., Wednesday, February 14, 1996.

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