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House Journal: Thursday, February 15, 1996

Thirty-ninth Calendar Day - Twenty-seventh Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 15, 1996
The House met pursuant to adjournment at 8:50 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Barbara Tooker Todd, First
Presbyterian Church, Adair.
The Journal of Wednesday, February 14, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Siegrist of Pottawattamie, until his arrival; Rants of Woodbury;
both on request of Gipp of Winneshiek.
INTRODUCTION OF BILLS
House File 2213, by Klemme, a bill for an act relating to
the distance between axles for special mobile equipment.
Read first time and referred to committee on transportation.
House File 2214, by Ollie, Bernau, Shoultz, Schrader,
Moreland, Cohoon, Nelson of Pottawattamie, Drees, Warnstadt,
Holveck, Murphy, Connors, Myers, Burnett, Baker, Kreiman,
Harper, Doderer, O'Brien, Weigel, Jochum, Bell, and Mascher, a
bill for an act relating to school finance, by providing for an
increase in the regular and special education program foundation
levels, funding the returning dropout, dropout prevention, and
gifted and talented children programs through supplemental
weighting, and making weighting adjustments for special
education deficits, and providing an immediate effective and
applicability date.
Read first time and referred to committee on education.
House File 2215, by Cohoon, a bill for an act relating to
voter approval of annexation or severance proposals.
Read first time and referred to committee on local government.
House File 2216, by Cohoon, a bill for an act prohibiting
mowing on primary and interstate highways and rights-of-way
under certain circumstances.
Read first time and referred to committee on transportation.
House File 2217, by Tyrrell, a bill for an act relating to
assistance in the initiation of contempt proceedings by the
county attorney against a person for willfully disobeying the
visitation provisions of a temporary order or final dissolution
decree.
Read first time and referred to committee on judiciary.
House File 2218, by Brand, a bill for an act relating to the
membership of the council which provides assistance to the
director of human services regarding medical assistance.
Read first time and referred to committee on human resources.
House File 2219, by Teig, Sukup, Arnold, and Branstad, a
bill for an act relating to nuisance suits arising from animal
feeding operations.
Read first time and referred to committee on agriculture.
House File 2220, by Dinkla, a bill for an act increasing the
penalties for certain methamphetamine offenses.
Read first time and referred to committee on judiciary.
House File 2221, by Sukup, Teig, Arnold, Branstad, Garman,
and Coon, a bill for an act classifying animal feeding
operations as the same operation if located within a certain
number of feet from each other.
Read first time and referred to committee on agriculture.
House File 2222, by Warnstadt, a bill for an act relating to
assistance rendered in emergencies by providing for mutual aid
agreements between fire departments and providing immunity from
suit for persons rendering assistance during workplace
emergencies.
Read first time and referred to committee on state government.
House File 2223, by Mundie, a bill for an act prohibiting
persons from standing in pickup beds or sitting on an open
tailgate of a pickup on a highway and providing a penalty.
Read first time and referred to committee on transportation.
House File 2224, by Bell, a bill for an act relating to the
creation of self-supported neighborhood improvement districts to
acquire, construct, reconstruct, improve, or repair residential
property, authorizing the imposition of property taxes and the
issuance of bonds, and providing for other properly related
matters.
Read first time and referred to committee on local government.
House File 2225, by committee on transportation, a bill for
an act relating to motorcycle rider education and providing an
effective date.
Read first time and placed on the calendar.
House File 2226, by Harrison, a bill for an act relating to
the amount of the retirement income tax exemption for purposes
of state individual income taxation and providing a retroactive
applicability date.
Read first time and referred to committee on ways and means.
House File 2227, by Mundie, a bill for an act relating to
requiring immunization of children under the family investment
program.
Read first time and referred to committee on human resources.

CONSIDERATION OF BILLS
Regular Calendar
House File 2181, a bill for an act relating to the statistical
reporting of terminations of pregnancy and establishing
penalties, was taken up for consideration.
The House stood at ease at 9:09 a.m., until the fall of the
gavel.

The House resumed session at 9:52  a.m., Speaker pro tempore Van
Maanen of Marion in the chair
Gipp of Winneshiek asked and received unanimous consent to defer
action on House File 2181 and that the bill retain its place on
the calendar.
On motion by Gipp of Winneshiek, the House was recessed at 9:54
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker Corbett in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed sixty-three members present,
thirty-seven absent.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
McCoy of Polk on request of Schrader of Marion; Dinkla of
Guthrie, on request of Gipp of Winneshiek; both for the
remainder of the day.
The House stood at ease at 1:05 p.m., until the fall of the
gavel.
The House resumed session at 1:53 p.m., Speaker Corbett in the
chair.
INTRODUCTION OF BILLS
House File 2228, by Nelson of Pottawattamie and Hammitt
Barry, a bill for an act establishing an education professional
forgivable loan program and creating an education professional
loan revolving fund, and providing for related matters.
Read first time and referred to committee on education.
House File 2229, by committee on commerce-regulation, a bill
for an act relating to unemployment insurance benefits by
providing for employer contributions and liability for benefits
regarding successor employers.
Read first time and placed on the calendar.
House File 2230, by committee on commerce-regulation, a bill
for an act relating to the duties of the department of
inspections and appeals concerning liens on improper provider
payments from the department of human services, the
administration of certain health care statutes, and the
conducting of audits.
Read first time and placed on the calendar.
House File 2231, by Arnold, a bill for an act relating to
bond requirements for contracts for public improvements.
Read first time and referred to committee on state government.
House File 2232, by Bradley, a bill for an act relating to
the revocation of a law enforcement officer's certification.
Read first time and referred to committee on state government.
House File 2233, by Arnold, Heaton, Mertz, and Houser, a
bill for an act relating to the regulation of private sewage
disposal systems and semi-public sewage disposal systems and
authorizing each local board of health to adopt rules relating
to such regulation.
Read first time and referred to committee on local government.
House File 2234, by committee on economic development, a
bill for an act relating to exempting certain nonresident aliens
from land ownership restrictions.
Read first time and placed on the calendar.
House File 2235, by committee on commerce-regulation, a bill
for an act relating to certain franchise agreements by amending
provisions relating to the definition of a franchise, and
applicability, transfer, encroachment, termination, nonrenewal,
repurchase of assets, independent sourcing, and enforcement.
Read first time and placed on the calendar.
House File 2236, by Larson, a bill for an act relating to
the requirement of notifying a consumer of a change in the terms
of an open-end credit agreement.
Read first time and referred to committee on commerce-regulation.
House File 2237, by Larson, a bill for an act relating to
oral presentation of victim impact statements, which may be made
in the presence of the defendant.
Read first time and referred to committee on judiciary.
House File 2238, by committee on education, a bill for an
act relating to the duties of the board of directors of each
community college and creating a legislative task force to study
certain matters relating to community colleges.
Read first time and placed on the calendar.

CONSIDERATION OF BILLS
Regular Calendar
The House resumed consideration of  House File 2181, a bill for
an act relating to the statistical reporting of terminations of
pregnancy and establishing penalties, previously deferred.
RULES SUSPENDED
Connors of Polk asked for unanimous consent to suspend the rules
for the immediate consideration of amendment H-5077.

Objection was raised.
Connors of Polk moved to suspend the rules for the immediate
consideration of amendment H-5077 filed from the floor by
Connors of Polk, Doderer and Metcalf.
A non-record roll call was requested.
The ayes were 28, nays 51.
The motion to suspend the rules lost.
RULES SUSPENDED
Harper of Black Hawk asked for unanimous consent to suspend the
rules for the immediate consideration of amendment H-5076.
Objection was raised.
Harper of Black Hawk moved to suspend the rules for the
immediate consideration of amendment H-5076, filed by her from
the floor.
A non-record roll call was requested.
The ayes were 35, nays 51.
The motion to suspend the rules lost.
RULES SUSPENDED
Connors of Polk moved to suspend the rules and to defer action
on House File 2181.
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 32, nays 62.
The motion to suspend the rules lost.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-5075, filed by her from the floor.

Schulte of Linn 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. 2181)
The ayes were, 76:

Arnold         	Baker          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Branstad       	Brauns        
	Brunkhorst     	Carroll        	Cataldo        	Churchill     
	Coon                  	Cormack        	Daggett        	Disney  
      		Drake          	Drees          	Eddie          	Ertl    
      		Garman         	Gipp           	Greig          	Greiner 
      		Gries          	Grubbs         	Hahn          
	Halvorson      	Hammitt Barry  	Hanson         	Harrison      
	Heaton         	Houser         	Hurley         	Huseman       
	Jacobs         		Jochum         	Klemme         	Koenigs       
	Kreiman        		Kremer         	Lamberti       	Larson        
	Lord           		Main           	Martin         	May           
	Mertz          	Meyer          	Millage        	Mundie        
	Murphy 
        		Myers          	Nelson, B.      	Nutt          
	O'Brien        	Osterhaus      	Renken         	Salton        
	Schulte        		Siegrist       	Sukup          	Teig          
	Thomson        	Tyrrell        	Van Fossen     	Van Maanen    
	Vande Hoef     	Veenstra       	Warnstadt      	Weidman       
	Weigel         		Welter         	Wise           	Witt          
	Mr. Speaker  				  Corbett
The nays were, 20:

Bell           	Bernau         	Brand          	Burnett       
		Cohoon         	Connors        	Doderer        	Fallon        
	Grundberg      	Harper         	Holveck        	Larkin        
	Mascher        	Metcalf        	Moreland       	Nelson, L.     
 	Ollie          	Schrader       	Shoultz        	Taylor        

Absent or not voting, 4:

Brammer        	Dinkla         	McCoy          	Rants          	
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 House File 2181 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
Concurrent Resolution 111.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 111
Larson of Linn called up for consideration House Concurrent
Resolution 111,  a concurrent resolution supporting Iowa
military personnel in the Bosnian peacekeeping mission and moved
its adoption.
The motion prevailed and the resolution was adopted.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 109
Fallon of Polk called up for consideration House Concurrent
Resolution 109, a concurrent resolution designating June 15,
1996, as the day to celebrate the ending of slavery and to
recognize the worth and value of all people and moved its
adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following resolutions be immediately messaged to the
Senate: House Concurrent Resolutions 109 and 111.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on January 30,
31, and February 1, 1996. Had I been present, I would have voted
"aye"  on House Files 210, 2017, 2044, 2061, 2066, 2113, 2114;
and "nay" on Senate amendment H_5033 to Senate File 2030.
HARRISON of Scott
I was necessarily absent from the House chamber on the afternoon
of Thursday, February 15, 1996. Had I been present, I would have
voted "aye" on House File 2181.
McCOY of Polk
SUBCOMMITTEE ASSIGNMENTS
House File 2121
Ways and Means: Dinkla, Chair; Main and Weigel.
House File 2139
Ways and Means: Halvorson, Chair; Dinkla and Jochum.
House File 2145
Agriculture: Vande Hoef, Chair; Hahn and Koenigs.
House File 2149
Ways and Means: Renken, Chair; Jochum and Van Fossen.
House File 2160
Ways and Means: Dinkla, Chair; Main and Weigel.
House File 2176
Ways and Means: Disney, Chair; Holveck and Lamberti.
House File 2184
Agriculture: Eddie, Chair; Main and Mundie.
House File 2189
Ways and Means: Grubbs, Chair; Dinkla and Shoultz.
House File 2192
Agriculture: Eddie, Chair; Greiner and Koenigs.
House File 2193
Agriculture: Eddie, Chair; Drees and Welter.
House File 2194
Agriculture: Eddie, Chair; Boggess and Koenigs.
House File 2195
Agriculture: Eddie, Chair; Koenigs and Salton.
House File 2198
Local Government: Martin, Chair; Drees and Jacobs.
House File 2203
Agriculture: Eddie, Chair; Greig and Koenigs.
House File 2204
Agriculture: Eddie, Chair; Burnett and Huseman.
House File 2205
Natural Resources: Thomson, Chair; Branstad and O'Brien.
House File 2207
Transportation: Nelson of Marshall, Chair; Carroll and Cohoon.
House File 2213
Transportation: Main, Chair; Branstad and McCoy.
House File 2215
Local Government: Hanson, Chair; Arnold and Mertz.
House File 2216
Transportation: Salton, Chair; Cohoon and Eddie.
House File 2223
Transportation: Branstad, Chair; Brauns and Mundie.
House File 2224
Local Government: Jacobs, Chair; Carroll, Connors, Myers and
Vande Hoef.
Senate File 2097
Ways and Means: Dinkla, Chair; Main and Weigel.
Senate File 2130
Agriculture: Mertz, Chair; Boggess and Greiner.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 573
Judiciary: Hurley, Chair; Nutt and Shoultz.
House Study Bill 574
Judiciary: Lamberti, Chair; Millage and Shoultz.
House Study Bill 575
Judiciary: Veenstra, Chair; Bell and Coon.
House Study Bill 576
Judiciary: Lamberti, Chair; Harrison and Holveck.
House Study Bill 577
Judiciary: Lamberti, Chair; Bernau and Coon.
House Study Bill 578
Judiciary: Lamberti, Chair; Moreland and Nutt.
House Study Bill 579
Judiciary: Coon, Chair; Bernau and Schulte.
House Study Bill 580
Judiciary: Millage, Chair; Doderer and Lamberti.
House Study Bill 581
Judiciary: Veenstra, Chair; Coon and Shoultz.
House Study Bill 589
Judiciary: Hurley, Chair; Boddicker and Moreland.
House Study Bill 590
Judiciary: Coon, Chair; Bell and Lamberti.
House Study Bill 591
Judiciary: Boddicker, Chair; Bernau and Nutt.
House Study Bill 593
Judiciary: Grubbs, Chair; Holveck and Hurley.
House Study Bill 594
Judiciary: Dinkla, Chair; Boddicker and Moreland.
House Study Bill 595
Judiciary: Boddicker, Chair; Doderer and Millage.
House Study Bill 596
Judiciary: Lamberti, Chair; Coon and Kreiman.
House Study Bill 597
Judiciary: Millage, Chair; Harrison and Moreland.
House Study Bill 598
Judiciary: Grubbs, Chair; Millage and Shoultz.
House Study Bill 599
Judiciary: Greiner, Chair; Boddicker and Shoultz.
House Study Bill 600
Judiciary: Greiner, Chair; Bell and Schulte.
House Study Bill 601
Judiciary: Greiner, Chair; Bernau and Boddicker.
House Study Bill 609
Judiciary: Greiner, Chair; Doderer and Harrison.
House Study Bill 610
Judiciary: Veenstra, Chair; Lamberti and Moreland.
House Study Bill 611
Judiciary: Schulte, Chair; Greiner and Holveck.
House Study Bill 612
Judiciary: Dinkla, Chair; Bernau and Veenstra.
House Study Bill 619
Transportation: Welter, Chair; Main and McCoy.
House Study Bill 621
Ways and Means: Lamberti, Chair; Dinkla and Holveck.
House Study Bill 631
Natural Resources: Klemme, Chair; Huseman and O'Brien.
House Study Bill 632
Judiciary: Hurley, Chair; Boddicker, Doderer, Kreiman and
Lamberti.
House Study Bill 633
Commerce-Regulation: Nutt, Chair; Brunkhorst and Nelson of
Pottawattamie.
House Study Bill 634
Commerce-Regulation: Larson, Chair; Churchill and Nelson of
Pottawattamie.
House Study Bill 635
Transportation: Heaton, Chair; May and Welter.
House Study Bill 636
Transportation: Branstad, Chair; Grundberg and Mundie.
House Study Bill 637
Transportation: Welter, Chair; Arnold and McCoy.
House Study Bill 639
Commerce-Regulation: Van Fossen, Chair; Holveck and Sukup.
House Study Bill 640
Commerce-Regulation: Halvorson, Chair; Holveck and Renken.
House Study Bill 641
Local Government: Vande Hoef, Chair; Houser and Koenigs.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 643 Natural Resources
Relating to issuance of free deer and wild turkey hunting
licenses to certain landowners and tenants.
H.S.B. 644 Judiciary
Relating to associate juvenile judges.
H.S.B. 645 Judiciary
Removing the requirement that a corporation which has adopted a
corporate seal affix the seal to all documents affecting real
estate executed by the corporation.
H.S.B. 646 Judiciary
Defining an offense for possession of alcohol by persons aged
eighteen, nineteen, and twenty, and providing a penalty.
H.S.B. 647 Judiciary
Relating to purchase money mortgages and providing a retroactive
applicability provision.
H.S.B. 648 Judiciary
Relating to the department of corrections, including operating
while intoxicated violator facilities, inmate hard labor,
reimbursement by parole violators, tort claims protection for
certain persons, and inmate accounts.
H.S.B. 649 Judiciary
Relating to excuse from jury service and the reimbursement of
jurors and witnesses for transportation and mileage expenses.
H.S.B. 650 Judiciary
Relating to the authority of fiduciaries under the probate code
to invest in open-end or closed-end management investment
companies or investment trusts.
H.S.B. 651 Natural Resources
Relating to the issuance of deer and wild turkey nonresident
hunting licenses to certain official guests and dignitaries.
H.S.B. 652 Ways and Means
Providing a livestock production credit for state income tax
purposes, repealing the agricultural land and family farm
property tax credits, and providing applicability dates.
H.S.B. 653 Ways and Means
Relating to the sales and property tax exemptions for pollution
control equipment.
H.S.B. 654 Ways and Means
Relating to the tax exemption of active duty pay of national
guard or armed forces military reserve personnel for certain
foreign service.
H.S.B. 655 Judiciary
Deleting the requirement to enter a civil judgement after an
order of restitution has been entered.
H.S.B. 656 Judiciary
Relating to unlawful military or training activity, including
the possession of certain real or simulated explosive or
incendiary devices, and establishing or making penalties
applicable.
H.S.B. 657 Judiciary
Relating to juvenile justice, including dispositional
alternatives for juveniles adjudicated delinquent, registering
with the sex offender registry, and associate juvenile judge
jurisdiction.
H.S.B. 658 Judiciary
Relating to the offense of driving while a license is denied,
revoked, cancelled, or suspended, and providing a penalty.
H.S.B. 659 Judiciary
Relating to the designation of the drug ephedrine as a schedule
IV controlled substance, and making penalties applicable.
H.S.B. 660 Judiciary
Relating to the authorization of school officials to conduct
student searches, locker searches, and report alcohol or
controlled substance possession or use.
H.S.B. 661 Judiciary
Relating to sentences for persons convicted of sexually
predatory offenses.
H.S.B. 662 Judiciary
Relating to underground storage tank cost recovery proceedings
and providing an applicability provision and an effective date.
H.S.B. 663 Commerce-Regulation
Relating to the regulation of activities of state banks and
state bank affiliates, interstate branching or banking, and
personnel of the banking division, state banks and state bank
affiliates, and the regulation of financial transactions
involving such entities and personnel.
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 AGRICULTURE
Committee Bill (Formerly House Study Bill 532), providing for
the organization of cooperative corporations, providing for
fees, and providing for penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass February 14, 1996. 

COMMITTEE ON APPROPRIATIONS
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 not required.
Recommended Amend and Do Pass with amendment H-5074, February
14, 1996.
COMMITTEE ON STATE GOVERNMENT
Committee Bill (Formerly House Study Bill 524), relating to
permissible fees and commission to be paid to certified public
accountants and accounting practitioners.
Fiscal Note is not required.
Recommended Do Pass February 14, 1996.
COMMITTEE ON WAYS AND MEANS
Senate File 2097, a bill for an act providing a sales, services,
and use tax exemption on certain packaging materials used in
agricultural, livestock, or dairy production.
Fiscal Note is not required.
Recommended Do Pass February 14, 1996. 
AMENDMENTS FILED

H_5074            	S.F.             		2063        	Committee on
Appropriations
H_5078      	H.F.     		258     	Sukup of Franklin
On motion by Siegrist of Pottawattamie, the House adjourned at
3:08 p.m., until 8:45 a.m., Friday, February 16, 1996.

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