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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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