| Previous Day: Wednesday, February 21 | Next Day: Monday, February 26 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.
Forty-sixth Calendar Day - Thirty-second Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 22, 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 Harold Stone, Berean Assembly of
God Church, Pleasant Hill.
The Journal of Wednesday, February 21, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Moreland of Wapello on request of Cataldo of Polk; Rants of
Woodbury, for the remainder of the week, on request of Siegrist
of Pottawattamie; Carroll of Poweshiek on request of Lord of
Dallas.
INTRODUCTION OF BILLS
House File 2299, by committee on local government, a bill
for an act relating to filing of instruments by county recorders.
Read first time and placed on the calendar.
House File 2300, by Nelson of Marshall, a bill for an act
relating to health care provider identification tags and
authorizing a penalty.
Read first time and referred to committee on human resources.
House File 2301, by Sukup and Fallon, a bill for an act
relating to the hours of operation of gambling games at
pari-mutuel racetracks and excursion gambling boats and
subjecting violators to a penalty.
Read first time and referred to committee on state government.
House File 2302, by committee on technology, a bill for an
act relating to the Iowa communications network by increasing
the membership of the commission, providing authority to enter
into lease-purchase agreements, restricting the use of the
network, and requiring financial disclosure of Iowa
telecommunications and technology commission members.
Read first time and placed on the calendar.
House File 2303, by committee on transportation, a bill for
an act
relating to hazardous materials transportation.
Read first time and placed on the calendar.
House File 2304, by Brauns, a bill for an act relating to
the care and maintenance of pioneer cemeteries.
Read first time and referred to committee on local government.
WITHDRAWN FROM COMMITTEE
(Senate File 2130)
Siegrist of Pottawattamie asked and received unanimous consent
to withdraw Senate File 2130 from committee on agriculture and
pass on file.
CONSIDERATION OF BILLS
Regular Calendar
House File 2210, a bill for an act eliminating the requirement
to commence litigation involving shipments of plants infested
with gypsy moths, and providing an effective date, was taken up
for consideration.
SENATE FILE 2130 SUBSTITUTED FOR HOUSE FILE 2210
Mertz of Kossuth asked and received unanimous consent to
substitute Senate File 2130 for House File 2210.
Senate File 2130, a bill for an act eliminating the requirement
to commence litigation involving shipments of plants infested
with gypsy moths, and providing an effective date, was taken up
for consideration.
Mertz of Kossuth 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. 2130)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett 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 Harper Harrison
Heaton Holveck Houser Hurley Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Lord Main Martin Mascher
May McCoy Mertz Metcalf
Meyer Millage Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 6:
Carroll Disney Larson Moreland
Rants Wise
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2210 WITHDRAWN
Mertz of Kossuth asked and received unanimous consent to
withdraw House File 2210 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2130 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Millage of Scott called up for consideration House File 2114, a
bill for an act relating to and making supplemental
appropriations for the fiscal year beginning July 1, 1995, and
providing an effective date, amended by the Senate amendment
H-5079 as follows:
H-5079
1 Amend House File 2114, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 11, by inserting after the letter
4 ""d"" the following: ", provided that the funds
5 appropriated in this subsection which are used for the
6 purposes of the community economic betterment program
7 are not used for awards of more than $750,000 or for
8 forgivable loan awards of more than $500,000, are
9 awarded only for jobs paying at least 100 percent of
10 the average county wage, that the $9.00 per hour cap
11 on the minimum wage threshold for urban counties be
12 discontinued, that the department establish a policy
13 to increase the number of no or low interest loans in
14 order to decrease the number of forgivable loans
15 awarded, to establish procedures to provide short
16 term, no or low interest loans from obligated but
17 unexpended funds in the community economic betterment
18 account, and to establish community revolving loan
19 funds utilizing a portion of amounts repaid on loans
20 awarded under the community economic betterment
21 program".
22 2. Page 1, by striking lines 23 and 24 and
23 inserting the following: "designated in the
24 succeeding fiscal year."
25 3. Page 1, by inserting before line 25 the
26 following:
27 "Sec. ___. DEPARTMENT OF HUMAN SERVICES _ CHILD
28 DAY CARE. There is appropriated from the general fund
29 of the state to the department of human services for
30 the fiscal year beginning July 1, 1995, and ending
31 June 30, 1996, to supplement the appropriation made in
32 1995 Iowa Acts, chapter 205, section 6, the following
33 amount, or so much thereof as is necessary, to be used
34 for the purpose designated:
35 For state child care assistance, provided moneys
36 appropriated in this section are not subject to
37 transfer under section 8.39 or any other provision but
38 shall only be used for funding of state child care
39 assistance for persons who are eligible for or are on
40 a waiting list for but who are not receiving the
41 assistance as of the effective date of this section:
42 $ 2,100,000".
43 4. Page 2, by inserting before line 1 the
44 following:
45 "Sec. ___. DEPARTMENT OF EDUCATION _ GENERAL
46 ADMINISTRATION. There is appropriated from the
47 general fund of the state to the department of
48 education for the fiscal year beginning July 1, 1995,
49 and ending June 30, 1996, to supplement the amount
50 appropriated in 1995 Iowa Acts, chapter 218, section
Page 2
1 1, subsection 1, the following amount, or so much
2 thereof as is necessary, to be used for the purpose
3 designated:
4 For general administration to be used to provide
5 assistance to school districts involved in a financial
6 reporting pilot project:
7 $ 50,000
8 Notwithstanding section 8.33, moneys appropriated
9 in this section which remain unexpended or unobligated
10 at the close of the fiscal year shall not revert to
11 the general fund of the state but shall remain
12 available for expenditure in the succeeding fiscal
13 year for the purpose designated.
14 Sec. ___. SCHOOL FOR THE DEAF AND BRAILLE AND
15 SIGHT SAVING SCHOOL. There is appropriated from the
16 general fund of the state to the state board of
17 regents for the fiscal year beginning July 1, 1995,
18 and ending June 30, 1996, to supplement the amounts
19 appropriated in 1995 Iowa Acts, chapter 218, section
20 6, subsections 5 and 6, the following amounts, or so
21 much thereof as is necessary, to be used for the
22 purposes designated:
23 1. For the state school for the deaf:
24 $ 47,000
25 2. For the Iowa braille and sight saving school:
26 $ 47,000
27 3. Of the moneys appropriated to the state school
28 for the deaf and the Iowa braille and sight saving
29 school in this section, each school may expend not
30 more than $45,000 for technology needs of the school.
31 Notwithstanding section 8.33, moneys appropriated in
32 this section which remain unexpended or unobligated at
33 the close of the fiscal year shall not revert to the
34 general fund of the state, but shall remain available
35 for expenditure for technology needs at the designated
36 school in the succeeding fiscal year.
37 Sec. ___. ETHICS AND CAMPAIGN DISCLOSURE BOARD.
38 There is appropriated from the general fund of the
39 state to the ethics and campaign disclosure board for
40 the fiscal year beginning July 1, 1995, and ending
41 June 30, 1996, to supplement the appropriation made in
42 1995 Iowa Acts, chapter 219, section 2, the following
43 amount, or so much thereof as is necessary, to be used
44 for the purpose designated:
45 For salaries, support, maintenance, and
46 miscellaneous purposes:
47 $ 40,000".
48 5. Page 2, by inserting after line 9 the
49 following:
50 "Sec. ___. DEPARTMENT OF INSPECTIONS AND APPEALS.
Page 3
1 There is appropriated from the general fund of the
2 state to the department of inspections and appeals for
3 the fiscal year beginning July 1, 1995, and ending
4 June 30, 1996, to supplement the appropriation made in
5 1995 Iowa Acts, chapter 219, section 9, the following
6 amount, or so much thereof as is necessary, to be used
7 for the purpose designated:
8 For racetrack regulation, to be used for employment
9 of not more than one full-time equivalent position
10 which shall be in addition to the full-time equivalent
11 positions authorized in 1995 Iowa Acts, chapter 219,
12 section 9:
13 $ 42,000".
14 6. Page 2, line 20, by striking the figure
15 "150,000" and inserting the following: "116,850".
16 7. Page 2, line 25, by striking the word
17 "appropriation" and inserting the following:
18 "appropriations".
19 8. Page 2, line 26, by striking the word and
20 figure "subsection 3,".
21 9. Page 2, line 27, by striking the word
22 "purpose" and inserting the following: "purposes".
23 10. Page 2, by striking lines 29 and 30 and
24 inserting the following:
25 "1. For state financial management to supplement
26 the amount appropriated in 1995 Iowa Acts, chapter
27 219, section 19, subsection 2, to be used for payments
28 under section 422.73, subsection 3, as enacted by this
29 Act:
30 $ 18,300,000
31 Notwithstanding section 422.73, subsection 3, as
32 enacted by this Act, if the department receives claims
33 for refunds in excess of the amounts appropriated in
34 this subsection for payment of the refunds and
35 interest, the department shall prorate the refund
36 payments and the prorated amount shall be the full
37 amount of refund a taxpayer is entitled to receive.
38 Notwithstanding section 8.33, moneys appropriated
39 in this subsection which remain unexpended or
40 unobligated at the close of the fiscal year shall not
41 revert to the general fund of the state but shall
42 remain available for expenditure in the succeeding
43 fiscal year for the purpose designated and the moneys
44 are not subject to transfer under section 8.39.
45 2. For internal resources management to supplement
46 the amount appropriated in 1995 Iowa Acts, chapter
47 219, section 19, subsection 3:
48 $ 104,500".
49 11. Page 2, by inserting before line 31 the
50 following:
Page 4
1 "Sec. ___. Section 422.73, Code 1995, is amended
2 by adding the following new subsection:
3 NEW SUBSECTION. 3. Notwithstanding subsection 2,
4 a claim for refund of individual income tax paid for
5 any tax year beginning on or after January 1, 1985,
6 and before January 1, 1989, is considered timely if
7 filed with the department on or before July 1, 1996,
8 if the taxpayer's claim is the result of the
9 unconstitutional taxation of federal pension benefits
10 based upon the decision in Davis v. Michigan
11 Department of Treasury, 489 US. 803, 109 S. Ct. 1500
12 (1989).
13 A taxpayer entitled to a refund of tax paid under
14 this subsection shall receive an amount equal to one
15 hundred percent of the refund with interest calculated
16 to January 12, 1994, less five dollars to be retained
17 by the department to defray costs of notification and
18 the cost of processing the refund claim. The claim
19 for refund may, at the option of the taxpayer, be
20 filed with any income tax return or may be filed
21 separate from any income tax return and, if filed with
22 an income tax return, shall be allowed as a credit for
23 income taxes owed, otherwise the claim shall not be
24 allowed as a credit for income taxes owed. A claim
25 shall be filed between the effective date of this
26 subsection and October 31, 1996. An extension for
27 filing shall not be allowed and claims disallowed on
28 the basis of timeliness shall not be allowed upon
29 appeal to any other state agency notwithstanding any
30 other provision of law.
31 The claim for refund shall be made on claim forms
32 to be made available by the department. In order for
33 a taxpayer to have a valid refund claim, the taxpayer
34 must supply legible copies of documents the director
35 deems necessary to show entitlement to the refund,
36 including but not limited to income tax forms and W-2P
37 forms, which will establish the state income tax that
38 was paid on the federal pension benefits for the tax
39 years in question. The burden of proof is on the
40 taxpayer to show that the claim for refund is valid.
41 A spouse of a deceased taxpayer who was the spouse of
42 the taxpayer when the unconstitutional tax was imposed
43 may file a claim for refund without reopening the
44 deceased taxpayer's estate.
45 The department shall make a reasonable attempt to
46 notify individuals who are entitled to a refund under
47 this subsection."
48 12. By renumbering, relettering, or redesignating
49 and correcting internal references as necessary.
The House stood at ease at 9:02 a.m., until the fall of the
gavel.
The House resumed session at 9:55 a.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Millage of Scott offered the following amendment H-5106, to the
Senate amendment H-5079, filed by him and moved its adoption:
H-5106
1 Amend the Senate amendment, H-5079, to House File
2 2114, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 3 through 21.
5 2. Page 1, by striking line 42 and inserting the
6 following:
7 " $ 1,050,000".
8 3. By striking page 1, line 45, through page 2,
9 line 13.
10 4. Page 2, by striking lines 14 through 36.
11 5. By striking page 2, line 37 through page 3,
12 line 13.
13 6. Page 3, by striking lines 16 through 48.
14 7. Page 4, by striking lines 1 through 47 and
15 inserting the following:
16 ""Sec. ___. DEPARTMENT OF REVENUE AND FINANCE _
17 REFUND CLAIMS. There is appropriated from the general
18 fund of the state to the department of revenue and
19 finance for the fiscal year beginning July 1, 1995,
20 and ending June 30, 1996, an amount estimated by the
21 department to be sufficient to pay all refund claims
22 timely filed pursuant to section 422.73, subsection 3,
23 as enacted by this Act, and to pay up to $75,000 for
24 processing such claims.
25 Notwithstanding section 8.33, moneys appropriated
26 in this section which remain unexpended or unobligated
27 at the close of the fiscal year shall not revert to
28 the general fund of the state but shall remain
29 available for expenditure in the succeeding fiscal
30 year for the purposes of paying refund claims and
31 processing costs as provided and the moneys are not
32 subject to transfer under section 8.39.
33 Sec. ___. Section 422.73, Code 1995, is amended by
34 adding the following new subsection:
35 NEW SUBSECTION. 3. Notwithstanding subsection 2,
36 a claim for refund of individual income tax paid for
37 any tax year beginning on or after January 1, 1985,
38 and before January 1, 1989, is considered timely if
39 filed with the department on or before October 31,
40 1996, if the taxpayer's claim is the result of the
41 unconstitutional taxation of federal pension benefits
42 based upon the decision in Davis v. Michigan
43 Department of Treasury, 489 US. 803, 109 S. Ct. 1500
44 (1989).
45 A taxpayer entitled to a refund of tax paid under
46 this subsection shall receive an amount equal to one
47 hundred percent of the refund without interest. The
48 claim for refund shall be filed separate from any
49 income tax return and shall not be allowed as a credit
50 for income taxes owed. A claim shall be filed between
Page 2
1 the effective date of this subsection and October 31,
2 1996. An extension for filing shall not be allowed
3 and claims disallowed on the basis of timeliness shall
4 not be allowed upon appeal to any other state agency
5 notwithstanding any other provision of law.
6 The claim for refund shall be made on claim forms
7 to be made available by the department. In order for
8 a taxpayer to have a valid refund claim, the taxpayer
9 must supply legible copies of documents the director
10 deems necessary to show entitlement to the refund,
11 including but not limited to income tax forms and W-2P
12 forms, which will establish the state income tax that
13 was paid on the federal pension benefits for the tax
14 years in question. The burden of proof is on the
15 taxpayer to show that the claim for refund is valid.
16 Estates are not entitled to file a claim for refund
17 under this subsection. However, if a taxpayer has
18 filed a claim under this subsection and subsequently
19 dies before receipt of the refund, the taxpayer's
20 estate is entitled to receipt of any valid refund
21 claim.
22 The department shall make a reasonable attempt to
23 notify individuals who are entitled to a refund under
24 this subsection.""
Roll call was requested by Schrader of Marion and Murphy of
Dubuque.
Rule 75 was invoked.
On the question "Shall amendment H-5106, to the Senate amendment
H-5079, be adopted?" (H.F. 2114)
The ayes were, 59:
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Churchill Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Drake
Eddie Ertl Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Lord Main Martin
Metcalf Meyer Millage Nelson, B.
Nutt Renken Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen, Presiding
The nays were, 36:
Arnold Baker Bell Bernau
Brammer Burnett Cataldo Cohoon Connors
Doderer Drees Fallon Garman
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Mertz Mundie Murphy
Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz Taylor
Warnstadt Weigel Witt
Absent or not voting, 5:
Carroll Larson Moreland Rants
Wise
Amendment H-5106 was adopted.
On motion by Millage of Scott, the House concurred in the Senate
amendment H-5079, as amended.
Millage of Scott moved that the bill, as amended by the Senate,
further amended and concurred in by the House, 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. 2114)
The ayes were, 95:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Fallon Garman Gipp
Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson Hammitt
Barry Hanson Harper Harrison
Holveck Heaton Houser Hurley Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Lord Main Martin Mascher
May McCoy Mertz Metcalf
Meyer Millage Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 5:
Carroll Larson Moreland Rants
Wise
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 2114 be immediately messaged to the Senate.
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 22, 1996, passed the following bill
in which the concurrence of the House is asked:
Senate File 2110, a bill for an act relating to the
establishment of an anatomical gift public awareness and
transplantation fund to be administered by and an anatomical
gift public awareness advisory committee to be established
within the Iowa department of public health.
Also: That the Senate has on February 22, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2154, a bill for an act increasing the penalties for
certain offenses involving methamphetamine.
JOHN F. DWYER, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 10:15 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:04 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
INTRODUCTION OF BILLS
House File 2305, by committee on ways and means, a bill
for an act updating the Iowa Code references to the Internal
Revenue Code and providing a retroactive applicability date and
an effective date.
Read first time and placed on the calendar.
House File 2306, by committee on natural resources, a bill
for an act relating to the regulation of motorboats on certain
artificial lakes, and providing an effective date.
Read first time and placed on the calendar.
House File 2307, by committee on transportation, a bill for
an act relating to the establishment of an anatomical gift
public awareness and transplantation fund to be administered by
an anatomical gift public awareness advisory committee to be
established within the Iowa department of public health.
Read first time and placed on the calendar.
House File 2308, by committee on environmental protection, a
bill for an act relating to asbestos removal and encapsulation.
Read first time and placed on the calendar.
House File 2309, by committee on commerce-regulation, a bill
for an act relating to publications referenced in administrative
rules and providing an effective date.
Read first time and placed on the calendar.
House File 2310, by committee on commerce-regulation, a bill
for an act 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, delivery of certain policies in
this state, and making a penalty applicable.
Read first time and placed on the calendar.
House File 2311, by committee on agriculture, a bill for an
act providing for the selection and tenure of the executive
director of the agricultural development authority.
Read first time and placed on the calendar.
House File 2312, by committee on ways and means, a bill for
an act relating to the administration of taxes, electronic
filing of tax returns and payments, imposition of the penalty
for willfully filing a false claim for refund, low income,
elderly, and disabled property tax credit filing and
certification dates, computation of the real estate transfer
tax, repeal of obsolete property tax provision, and providing
effective and retroactive applicability dates.
Read first time and placed on the calendar.
House File 2313, by committee on commerce-regulation, a bill
for an act relating to the regulation of insurance companies for
purposes of solvency and establishing a measure for the
risk-based capital of an insurer, providing for the Act's
applicability, and providing penalties.
Read first time and placed on the calendar.
CONSIDERATION OF BILLS
Regular Calendar
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, with report of
committee recommending amendment and passage, was taken up for
consideration.
Grubbs of Scott asked and received unanimous consent to withdraw
amendment H-5051 filed by the committee on education on February
6, 1996, placing out of order the following amendments:
H-5055, to the committee amendment H-5051, filed by Ertl of
Dubuque on February 6, 1996.
H-5057, to the committee amendment H-5051, filed by Brunkhorst
of Bremer, et. al., on February 6, 1996.
Millage of Scott asked and received unanimous consent to
withdraw amendment H-5074 filed by the committee on
appropriations, placing out of order the following amendments:
H-5080, to the committee amendment H-5074, filed by Ertl of
Dubuque on February 15, 1996.
H-5085, to the committee amendment H-5074, filed by Koenigs of
Mitchell on February 19, 1996.
H-5108, to the committee amendment H-5074, filed from the floor
by Ollie of Clinton, Baker, Cohoon, Kreiman, Mascher, Nelson of
Pottawattamie and Warnstadt.
H-5101, to the committee amendment H-5074, filed by Grubbs of
Scott on February 21, 1996.
H-5107, to the committee amendment H-5074, filed from the floor
by Brunkhorst of Bremer, Tyrrell, Sukup and Brand.
RULE 31.8 SUSPENDED
Grubbs of Scott asked for unanimous consent to suspend Rule
31.8, relating to the timely filing of amendments, for the
immediate consideration of amendment H-5110.
Objection was raised.
Grubbs of Scott moved to suspend Rule 31.8 for the immediate
consideration of amendment H-5110, filed by him from the floor
as follows:
H-5110
1 Amend Senate File 2063 as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 12 through 16 and
4 inserting the following:
5 "1. a. There is appropriated from the general
6 fund of the state to the department of education for
7 the fiscal year beginning July 1, 1996, and ending
8 June 30, 1997, the sum of fifteen million dollars for
9 the school improvement technology program.
10 b. There is appropriated from the rebuild Iowa
11 infrastructure account of the state to the department
12 of education for the fiscal year beginning July 1,
13 1996, and ending June 30, 1997, the sum of fifteen
14 million dollars for the school improvement technology
15 program.
16 c. There is appropriated from the general fund of
17 the state to the department of education for each
18 fiscal year of the fiscal period beginning July 1,
19 1997, and ending June 30, 2001, the sum of thirty
20 million dollars for the school improvement technology
21 program."
22 2. Page 1, line 18, by striking the word "of" and
23 inserting the following: "in".
24 3. Page 1, by striking lines 19 and 20 and
25 inserting the following: "which moneys are
26 appropriated, the amount of moneys allocated to school
27 districts shall".
28 4. Page 1, line 29, by inserting after the figure
29 "1." the following: "The department of human services
30 shall certify the average student yearly enrollments
31 of the state training school, the Iowa juvenile home,
32 Woodward state hospital-school, and Glenwood state
33 hospital-school to the department of education by
34 October 1."
35 5. Page 1, by striking lines 30 through 32 and
36 inserting the following:
37 " . From the moneys appropriated in subsection
38 1, for each fiscal year in which moneys are
39 appropriated, the sum of four hundred fifty thousand
40 dollars".
41 6. Page 2, line 28, by inserting after the figure
42 "257" the following: "or are considered encumbered".
43 7. Page 2, by inserting after line 31 the
44 following:
45 " . Moneys received under this section shall not
46 be used for payment of any collective bargaining
47 agreement or arbitrator's decision negotiated or
48 awarded under chapter 20."
49 8. Page 2, by striking lines 34 and 35 and
50 inserting the following: "state school for the deaf,
Page 2
1 the Price laboratory school at the university of
2 northern Iowa, the state training school, the Iowa
3 juvenile home, Woodward state hospital-school, and
4 Glenwood state hospital-school."
5 9. Page 3, by striking line 24 and inserting the
6 following: "1, 1996, and ending June 30, 1997, prior
7 to the receipt of".
8 10. Page 3, line 28, by striking the figure
9 "1996" and inserting the following: "1997".
10 11. Page 4, by inserting after line 5 the
11 following:
12 " . The state training school, the Iowa juvenile
13 home, and the Glenwood and Woodward state hospital-
14 schools shall each develop a technology plan that
15 supports and improves student achievement,
16 demonstrates the manner in which technology will be
17 utilized to improve student achievement, and includes
18 an evaluation component. Plans and an annual progress
19 report shall be submitted to the departments of human
20 services and education."
21 12. Page 4, line 14, by inserting after the word
22 "training" the following: "related to instructional
23 technology".
24 13. Page 4, line 15, by inserting after the word
25 "funds." the following: "However, funds received by a
26 school district pursuant to section 295.2 shall not be
27 expended to add a full-time equivalent position or
28 otherwise increase staffing."
29 14. Page 4, line 21, by inserting after the word
30 "training" the following: "related to instructional
31 technology".
32 15. Page 4, line 23, by striking the figure
33 "2000" and inserting the following: "2001."
34 16. By striking page 4, line 24, through page 5,
35 line 3.
36 17. Title page, by striking lines 4 through 6 and
37 inserting the following: "the Price laboratory
38 school, the state hospital-schools, the state training
39 school, and the Iowa juvenile home, providing for
40 properly related matters, and making appropriations."
41 18. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 56, nays 26.
The motion to suspend the rules prevailed.
The House stood at ease at 1:30 p.m., until the fall of the
gavel.
The House resumed session at 1:37 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Koenigs of Mitchell offered the following amendment H-5113, to
amendment H-5110, filed by him from the floor and moved its
adoption:
H-5113
1 Amend the amendment, H-5110, to Senate File 2063,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 5 through 15.
5 2. Page 1, line 16, by striking the letter "c."
6 and inserting the following: "1."
7 3. Page 1, line 19, by striking the figure "1997"
8 and inserting the following: "1996".
Roll call was requested by Murphy of Dubuque and Koenigs of
Mitchell.
On the question "Shall amendment H-5113, to amendment H-5110, be
adopted?" ( S.F. 2063)
The ayes were, 35:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Mertz Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Taylor
Warnstadt Weigel Witt
The nays were, 59:
Arnold Boddicker Boggess Bradley
Branstad Brauns Brunkhorst
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 Lord Main
Martin Metcalf Meyer Millage
Nelson, B. Nutt Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Welter Van Maanen,
Presiding
Absent or not voting, 6:
Blodgett Carroll Larson Moreland
Rants Wise
Amendment H-5113 lost.
Grubbs of Scott moved the adoption of amendment H-5110.
Roll call was requested by Murphy of Dubuque and Ollie of
Clinton.
On the question "Shall amendment H-5110 be adopted?" (S.F. 2063)
The ayes were, 61:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
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
Kreiman Kremer Lamberti Lord
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen, Presiding
The nays were, 34:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Larkin Mascher May McCoy
Mertz Mundie Murphy Myers
Nelson, L. O'Brien Ollie Osterhaus
Schrader Shoultz Taylor Warnstadt
Weigel Witt
Absent or not voting, 5:
Carroll Larson Moreland Rants
Wise
Amendment H-5110 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?" (S.F. 2063)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
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 Lord Main
Martin Mascher May McCoy
Mertz Metcalf Meyer Millage
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Renken Salton Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Witt
Van Maanen, Presiding
The nays were, 1:
Fallon
Absent or not voting, 5:
Carroll Larson Moreland Rants
Wise
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 Senate File 2063 be immediately messaged to the Senate.
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\ 123 Rachael Revell, Newton - For winning 2nd place in the
Women in Science and Engineering Award in the "Write Women Back
Into History" contest.
1996\124 Jillian Anderson, Newton - For winning 1st place in the
Women in Science and Engineering Award in the "Write Women Back
Into History" contest.
1996\125 Katy Morgan, Bettendorf - For receiving the Edith Rose
Murphy Sackett Award in the "Write Women Back Into History"
contest.
1996\126 Amanda Jo Miller, Red Oak - For winning 1st place in
the 6th and 7th grade category for her essay in the "Write Women
Back Into History" contest.
1996\127 Helen and Frank Reynolds, Osceola - For celebrating
their Sixtieth wedding anniversary.
1996\128 Sylvia and Kenneth Brown, Murray - For celebrating
their Fiftieth wedding anniversary.
1996\129 Erma and Dale Scritchfield, Osceola - For celebrating
their Fiftieth wedding anniversary.
1996\130 Leah and Maurice Keeler, Weldon - For celebrating their
Sixty-fifth wedding anniversary.
1996\131 Lillian and Edward Trenkamp, Preston - For celebrating
their Fiftieth wedding anniversary.
1996\132 Robert Scott Blough, Fairfield - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1996\133 Matthew D. Mineart, Fairfield - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
House File 2042
Ways and Means: Larson, Chair; Rants and Shoultz.
House File 2096 Reassigned
Commerce-Regulation: Lamberti, Chair; Brunkhorst and Cataldo.
House File 2200
Ways and Means: Dinkla, Chair; Disney and Jochum.
House File 2217
Judiciary: Dinkla, Chair; Doderer and Lamberti.
House File 2220
Judiciary: Dinkla, Chair; Moreland and Veenstra.
House File 2226
Ways and Means: Halvorson, Chair; Dinkla and Myers.
House File 2231
State Government: Renken, Chair; Drake and Taylor.
House File 2232
State Government: Bradley, Chair; Cataldo and Tyrrell.
House File 2237
Judiciary: Dinkla, Chair; Bernau and Nutt.
House File 2255 Reassigned
Local Government: Vande Hoef, Chair; Carroll and Cohoon.
House File 2263
Agriculture: Eddie, Chair; Huseman and Koenigs.
House File 2265
Agriculture: Eddie, Chair; Klemme and Koenigs.
House File 2266
Judiciary: Coon, Chair; Bell and Harrison.
House File 2267
Judiciary: Veenstra, Chair; Coon and Kreiman.
House File 2268
State Government: Renken, Chair; Cataldo and Tyrrell.
House File 2269
Judiciary: Harrison, Chair; Doderer and Grubbs.
House File 2270
Judiciary: Harrison, Chair; Grubbs and Shoultz.
House File 2272
Human Resources: Harrison, Chair; Harper and Veenstra.
House File 2273
Local Government: Disney, Chair; Hanson and Mundie.
House File 2274
Judiciary: Greiner, Chair; Bell and Coon.
House File 2275
Human Resources: Harrison, Chair; Burnett, Lord, Murphy and
Salton.
House File 2276
Transportation: Heaton, Chair; Main and McCoy.
House File 2281
Commerce-Regulation: Halvorson, Chair; Jacobs and McCoy.
House File 2282
State Government: Houser, Chair; Larkin and Renken.
House File 2283
Judiciary: Harrison, Chair; Grubbs and Kreiman.
House File 2284
Transportation: Arnold, Chair; Cohoon and Salton.
House File 2285
Human Resources: Salton, Chair; Burnett, Lord, Murphy and
Veenstra.
House File 2286
Judiciary: Dinkla, Chair; Millage and Moreland.
House File 2288
Commerce-Regulation: Halvorson, Chair; Jacobs and McCoy.
House File 2289
Judiciary: Coon, Chair; Shoultz and Veenstra.
House File 2293
Local Government: Houser, Chair; Larkin and Weidman.
House File 2295
Economic Development: Hammitt Barry, Chair; O'Brien and Tyrrell.
House File 2296
State Government: Jacobs, Chair; Brammer and Drake.
House File 2297
Local Government: Carroll, Chair; Drees and Jacobs.
House File 2300
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
House File 2304
Local Government: Brauns, Chair; Hanson and Mertz.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 652
Ways and Means: Greig, Chair; Drake and Weigel.
House Study Bill 653
Ways and Means: Halvorson, Chair; Bernau and Dinkla.
House Study Bill 654
Ways and Means: Halvorson, Chair; Bernau and Dinkla.
House Study Bill 663 Reassigned
Commerce-Regulation: Renken, Chair; Churchill, Holveck, Van
Fossen and Weigel.
House Study Bill 676 Reassigned
State Government: Gipp, Chair; Cataldo, Jacobs, Jochum and
Martin.
House Study Bill 679
Ways and Means: Halvorson, Chair; Bernau and Dinkla.
House Study Bill 684
Education: Gries, Chair; Veenstra and Warnstadt.
House Study Bill 687
Appropriations: Millage, Chair; Gipp and Murphy.
House Study Bill 688
State Government: Martin, Chair; Bradley, Connors, Gipp, Jacobs,
Jochum and Larkin.
House Study Bill 689
Labor and Industrial Relations: Lord, Chair; Taylor and Veenstra.
House Study Bill 690
Education: Hanson, Chair; Boddicker and Mascher.
House Study Bill 691
Labor and Industrial Relations: Hanson, Chair; Jochum and Renken.
House Study Bill 692
Agriculture: Greig, Chair; Drees and Main.
House Study Bill 693
Economic Development: Nelson of Marshall, Chair; Bradley, Brand,
Heaton and McCoy.
House Study Bill 694
Economic Development: Nelson of Marshall, Chair; Bradley, Brand,
Heaton and McCoy.
House Study Bill 697
Commerce-Regulation: Sukup, Chair; Metcalf and Weigel.
House Study Bill 698
Commerce-Regulation: Halvorson, Chair; Holveck and Metcalf.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 696 Commerce-Regulation
Relating to linked investments.
H.S.B. 697 Commerce-Regulation
Relating to consumer protection by requiring the registration of
certain persons seeking to engage in regulated businesses in
this state, and providing for civil and criminal penalties.
H.S.B. 698 Commerce-Regulation
Relating to the consumer credit code and permissible finance
charges and other fees which may be charged to a consumer by a
lender.
H.S.B. 699 Human Resources
Relating to the establishment of a problem gambling treatment
program, creating an advisory committee, providing for other
properly related matters, and applying a penalty.
H.S.B. 700 Transportation
Increasing the speed limit on certain highways, increasing
penalties, and providing an effective date.
H.S.B. 701 Transportation
Relating to passing on multilaned highways and making existing
penalties applicable.
H.S.B. 702 Environmental Protection
Providing for notification of certain members of the committees
of the general assembly having jurisdiction over the
environment, before the
environmental protection commission adopts a rule and
establishing an effective date.
H.S.B. 703 Environmental Protection
Relating to issuance of a certificate of title for a documented
vessel.
H.S.B. 704 Local Government
Relating to drainage district bid bonds, assessment payments,
subdistricts, and drainage discharge liability.
H.S.B. 705 Local Government
Relating to the statewide underground facilities notification
program and establishing certain duties and responsibilities of
the board of directors, operators, and excavators, establishing
a civil penalty, and providing for related matters.
H.S.B. 706 Labor and Industrial Relations
Relating to workers' compensation claims against the second
injury fund, authorizing the commissioner of insurance to impose
a surcharge, and providing an effective date.
H.S.B. 707 Labor and Industrial Relations
Relating to eligibility requirements for certain employees for
workers' compensation.
H.S.B. 708 Labor and Industrial Relations
Relating to the rate of compensation of public employee pay
plans not formulated pursuant to collective bargaining
agreements.
H.S.B. 709 Judiciary
Requiring future damages in personal injury actions to be
adjusted according to present value.
H.S.B. 710 Judiciary
Relating to the right to appointed counsel or a public defender,
by relating to the eligibility for certain indigents, the
recovery of defense costs, and by restricting the right to
counsel for certain parents in child in need of assistance cases.
H.S.B. 711 Ways and Means
Relating to the taxation of community-based credit unions at the
same rate and in the same manner as other financial institutions
doing business in Iowa and providing an applicability date
provision.
H.S.B. 712 Transportation
Relating to transportation by granting the state department of
transportation condemnation rights for utility facility
replacement, requiring sixty day property payments, requiring
certain criteria be adopted by administrative rule, modifying
certain damage disclosure statement requirements, providing for
entry onto private property for sounding and drilling, relating
to the disposal of abandoned vehicles, and providing for release
of retained funds for public improvements.
H.S.B. 713 Judiciary
Relating to the representation of indigents and other court
appointments in criminal and juvenile proceedings and providing
effective and retroactive applicability dates.
H.S.B. 714 Judiciary
Providing for access by the division of criminal and juvenile
justice planning of the department of human rights to
confidential records held by other state agencies.
H.S.B. 715 Judiciary
Relating to judicial administration, including the definition of
a judicial officer, the administrative authority of certain
judges within a district, and the retirement age of associate
juvenile judges and associate probate judges.
H.S.B. 716 Judiciary
Establishing a mechanic's lien for a lessor of material used in
the course of alteration, construction, or repair of a building,
improvement, or land.
H.S.B. 717 Judiciary
Relating to the establishment of a procedure for the release of
medical records and information regarding plaintiffs involved in
certain civil actions.
H.S.B. 718 Transportation
Relating to a restriction for special minors' licenses for
persons age fourteen and fifteen and making a penalty applicable.
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
Senate File 2135, a bill for an act providing for the
organization of cooperative corporations, providing for fees,
and providing for penalties.
Fiscal Note is not required.
Recommended Do Pass February 21, 1996.
Committee Bill (Formerly House Study Bill 669), providing for
the selection and tenure of the executive director of the
agricultural development authority.
Fiscal Note is not required.
Recommended Do Pass February 21, 1996.
COMMITTEE ON COMMERCE-REGULATION
Committee Bill (Formerly House Study Bill 549), relating to the
licensure and practice of land surveying.
Fiscal Note is not required.
Recommended Amend and Do Pass February 20, 1996.
COMMITTEE ON EDUCATION
House File 2157, 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.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H-5112 February 21,
1996.
House File 2178, a bill for an act authorizing school districts
to establish and enforce traffic and parking rules and
authorizing penalties.
Fiscal Note is not required.
Recommended Do Pass February 21, 1996.
COMMITTEE ON STATE GOVERNMENT
House File 2174, a bill for an act relating to unclaimed
property in the form of outdated warrants held by the state, the
social security numbers of the owners of the property,
fraudulent practices to obtain the property, and establishing a
penalty.
Fiscal Note is not required.
Recommended Do Pass February 21, 1996.
Senate File 2074, a bill for an act relating to the dates on
which city hospital or health care facility trustees take and
depart from office.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-5109 February 21,
1996.
Committee Bill (Formerly House Study Bill 553), relating to the
office of secretary of state and the conduct of elections and
voter registration in the state and relating to corrective and
technical changes to Iowa's election laws, and providing an
effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 21, 1996.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 621), updating the
Iowa Code references to the Internal Revenue Code and providing
a retroactive applicability date and an effective date.
Fiscal Note is not required.
Recommended Do Pass February 21, 1996.
Committee Bill (Formerly House Study Bill 679), relating to the
administration of taxes, electronic filing of tax returns and
payments, imposition of the penalty for willfully filing a false
claim for refund, low income, elderly, and disabled property tax
credit filing and certification dates, computation of the real
estate transfer tax, repeal of obsolete property tax provision,
and providing effective and retroactive applicability dates.
Fiscal Note is not required.
Recommended Do Pass February 21, 1996.
AMENDMENTS FILED
H_5109 S.F. 2074 Committee on
State Government
H_5111 H.F. 2182 Blodgett of Cerro Gordo
H_5112 H.F. 2157 Committee on
Education
On motion by Siegrist of Pottawattamie, the House adjourned at
2:35 p.m., until 1:00 p.m., Monday, February 26, 1996.
| Previous Day: Wednesday, February 21 | Next Day: Monday, February 26 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? hjourn@legis.iowa.gov.
Last update: Mon Feb 26 19:45:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/Day/0222.html
jhf