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Fiftieth Calendar Day - Thirty-third Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, February 26, 1996 The House met pursuant to adjournment at 1:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Michael Stadie, St. John Lutheran Church, Pomeroy. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Cub Scout Pack 242, Den 8, from Western Hills Elementary School, West Des Moines. The Journal of Thursday, February 22, 1996 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Larson of Linn, for the week of February 26, 1996; Lord of Dallas, for February 26 and 27, 1996, Klemme of Plymouth, all on request of Siegrist of Pottawattamie; Metcalf of Polk, until her arrival, on request of Weidman of Cass; Wise of Lee, for the week of February 26, 1996 and Drees of Carroll, for February 26, 27, and 28, 1996, both on request of Schrader of Marion; Eddie of Buena Vista, until his arrival, on request of Huseman of Cherokee. PETITION FILED The following petition was received and placed on file: By Harper of Black Hawk from two hundred fifty-four constituents favoring House Study Bill 254, relating to juvenile justice. INTRODUCTION OF BILLS House File 2314, by Rants, a bill for an act relating to requirements for reports submitted by certain service providers to the department of human services. Read first time and referred to committee on human resources. House File 2315, by Tyrrell, a bill for an act authorizing small quantities of wine to be shipped in and out of this state for consumption or use by persons twenty-one years of age or older. Read first time and referred to committee on commerce-regulation. House File 2316, by committee on judiciary, a bill for an act relating to sentences for persons convicted of sexually predatory offenses. Read first time and placed on the calendar. House File 2317, by committee on environmental protection, a bill for an act relating to the limitations on the use of toxic materials in packaging and providing additional exemptions. Read first time and placed on the calendar. House File 2318, by committee on commerce-regulation, a bill for an act relating to the licensure and practice of land surveying, to the unlawful practice of land surveying, architecture, and professional engineering, and establishing a civil penalty. Read first time and placed on the calendar. House File 2319, by Schrader, a bill for an act relating to the sale of forestry products from state forests and state public lands. Read first time and referred to committee on natural resources. House File 2320, by Shoultz, a bill for an act establishing a pilot project of technical education partnership programs, making an appropriation, and providing an effective date. Read first time and referred to committee on education. House File 2321, by Baker, a bill for an act relating to the rate paid through expenditure of state funds for child day care. Read first time and referred to committee on human resources. House File 2322, by Baker, a bill for an act relating to the location of a bank office within an urban enterprise community. Read first time and referred to committee on commerce-regulation. House File 2323, by Baker, a bill for an act relating to state agency purchases from targeted small businesses. Read first time and referred to committee on economic development. House File 2324, by Houser, Vande Hoef, Martin, Hahn, Hanson, Grundberg, Kremer, Klemme, Hurley, Ertl, Brauns, Daggett, Greig, Halvorson, Tyrrell, Eddie, Garman, Welter, Greiner, Brunkhorst, Metcalf, Churchill, Fallon, Kreiman, Mertz, Shoultz, Baker, Mundie, Cohoon, Nelson of Pottawattamie, Larkin, May, Myers, and Bernau, a bill for an act relating to state employee disclosures of information and making penalties applicable. Read first time and referred to committee on state government. House File 2325, by Harrison, a bill for an act relating to gambling by restricting gambling advertising, by limiting the amount of checks for gambling, by promoting gambling prevention programs, and by providing for other properly related matters. Read first time and referred to committee on state government. House File 2326, by Arnold and Teig, a bill for an act relating to certain confinement feeding operations located in close proximity to certain water impoundments and providing for fees. Read first time and referred to committee on agriculture. House File 2327, by Bradley and Grubbs, a bill for an act relating to professional engineers and engineering standards involved in the approval of permits for confinement swine feeding operations. Read first time and referred to committee on agriculture. House File 2328, by Boddicker, a bill for an act relating to the issuance of depredation permits for deer or other wildlife causing damage to trees. Read first time and referred to committee on natural resources. House File 2329, by Martin, Thomson, and Lamberti, a bill for an act pertaining to alcohol-related regulation; relating to consumption of alcohol by persons under the age of twenty-one; removing the restitution limit for operating-while-intoxicated defendants; requiring schools to report incidents involving alcohol, tobacco, and controlled substances; permitting law enforcement agencies to establish roadblocks for enforcement of operating-while-intoxicated offenses; and providing penalties. Read first time and referred to committee on judiciary. House File 2330, by Disney, a bill for an act relating to selection criteria for state employment, contracts, and services. Read first time and referred to committee on state government. House File 2331, by Cataldo, a bill for an act expanding the factors that a court and the state department of transportation may consider in ordering the issuance of a temporary restricted license, and providing an effective date. Read first time and referred to committee on transportation. House File 2332, by Teig, a bill for an act relating to providing a payment for investment in a sesquicentennial fund, providing penalties, and making an appropriation. Read first time and referred to committee on appropriations. House File 2333, by Drake, a bill for an act increasing accident damage reporting and motor vehicle security requirement levels. Read first time and referred to committee on transportation. House File 2334, by Mundie, a bill for an act creating multidisciplinary community services teams and providing a penalty. Read first time and referred to committee on human resources. House File 2335, by Siegrist, a bill for an act relating to park user permits and providing a penalty and an effective date. Read first time and referred to committee on natural resources. House File 2336, by Teig, a bill for an act relating to the development of a statewide emergency medical care system. Read first time and referred to committee on human resources. House File 2337, by Cohoon, a bill for an act relating to school district enrollment calculation and certification dates. Read first time and referred to committee on education. House File 2338, by committee on economic development, a bill for an act relating to the moneys available to the workforce development fund and the duration of the fund. Read first time and placed on the calendar. House File 2339, by Cohoon, a bill for an act relating to requiring school buses to stop at railroad tracks. Read first time and referred to committee on transportation. House File 2340, by Daggett, a bill for an act relating to school finance by providing additional current year funding for special education students and providing an effective date. Read first time and referred to committee on education. House File 2341, by Larson, a bill for an act establishing penalties for fortification of property for the purpose of selling controlled substances and the attempted purchase of controlled substances. Read first time and referred to committee on judiciary. House File 2342, by Daggett, a bill for an act appropriating additional state aid to school districts for at-risk pupils and providing effective and applicability date provisions. Read first time and referred to committee on appropriations. House File 2343, by Larson, a bill for an act relating to the classification of a long distance telephone company as a competitive long distance telephone company. Read first time and referred to committee on commerce-regulation. House File 2344, by Larson, a bill for an act relating to dramshop liability insurance premium rate increases and excluding the use of certain information. Read first time and referred to committee on commerce-regulation. 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 Senate was asked: House File 2066, a bill for an act relating to the operation of motor vehicles in border cities and providing an effective date. Also: That the Senate has on February 22, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2140, a bill for an act increasing the speed limit on certain highways, requiring a report on safety in construction zones, and providing an effective date. Also: That the Senate has on February 22, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2161, a bill for an act providing for agency and department cooperation in employing inmates under the hard labor program. Also: That the Senate has on February 22, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2168, 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. Also: That the Senate has on February 22, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2206, a bill for an act providing for animal health and racing and making penalties applicable. Also: That the Senate has on February 22, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2219, a bill for an act relating to the midwest interstate compact on low-level radioactive waste and establishing a penalty. JOHN F. DWYER, Secretary SENATE MESSAGES CONSIDERED Senate File 2110, 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 and an anatomical gift public awareness advisory committee to be established within the Iowa department of public health. Read first time and passed on file. Senate File 2140, by committee on transportation, a bill for an act increasing the speed limit on certain highways, requiring a report on safety in construction zones, and providing an effective date. Read first time and referred to committee on transportation. Senate File 2154, by committee on judiciary, a bill for an act increasing the penalties for certain offenses involving methamphetamine. Read first time and referred to committee on judiciary. Senate File 2161, by committee on judiciary, a bill for an act providing for agency and department cooperation in employing inmates under the hard labor program. Read first time and referred to committee on judiciary. Senate File 2168, 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 passed on file. Senate File 2206, by committee on agriculture, a bill for an act providing for animal health and racing and making penalties applicable. Read first time and referred to committee on state government. Senate File 2219, by committee on natural resources, environment, and energy, a bill for an act relating to the midwest interstate compact on low-level radioactive waste and establishing a penalty. Read first time and passed on file. CONSIDERATION OF BILLS Regular Calendar House File 2106, a bill for an act relating to agency rules, by providing for the periodic review of the rules, with report of committee recommending passage, was taken up for consideration. The House stood at ease at 1:19 p.m., until the fall of the gavel. The House resumed session at 2:08 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Siegrist of Pottawattamie asked and received unanimous consent that House File 2106 be deferred and that the bill be placed on the unfinished business calendar. House File 2202, a bill for an act relating to permissible acts related to real estate sales, exchanges, purchases, rentals, leases, or advertising by licensees and nonlicensees, was taken up for consideration. Disney of Polk 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. 2202) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Koenigs Kreiman Kremer Lamberti Larkin Main Martin Mascher May McCoy Mertz Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 6: Drees Klemme Larson Lord Metcalf Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2072, a bill for an act relating to implements of husbandry by providing for machinery towed by a motor vehicle or farm tractor, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Main of Jefferson 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. 2072) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Koenigs Kreiman Kremer Lamberti Larkin Main Martin Mascher May McCoy Mertz Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 6: Drees Klemme Larson Lord Metcalf Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate House File 2202 and Senate File 2072. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on February 26, 1996, refused to concur in the House amendment to the Senate amendment to the following bill in which the concurrence of the Senate was asked: 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 JOHN F. DWYER, Secretary EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Thursday, February 22, 1996. Had I been present, I would have voted "aye" on House File 2114, and Senate Files 2063 and 2130, and amendment H_5110, to Senate File 2063, and amendment H_5106, to Senate amendment H_5079, and "nay" to amendment H_5113, to amendment H_5110, to Senate File 2063. CARROLL of Poweshiek I was necessarily absent from the House chamber on February 22, 1996. Had I been present, I would have voted "aye" on Senate Files 2063 and 2130, and amendment H_5113, to amendment H_5110, to Senate File 2063 and "nay" on amendment H_5106, to Senate amendment H_5079, to House File 2114, and amendment H_5110, to Senate File 2063. MORELAND of Wapello I was necessarily absent from the House chamber on Thursday, February 22, 1996. Had I been present, I would have voted "aye" on House File 2114 and Senate Files 2063 and 2130. RANTS of Woodbury PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-one fifth grade students from Hoover Elementary School, Iowa City, accompanied by Marilyn Wirtz and Brenda Parker. By Mascher, Doderer and Myers all of Johnson. SUBCOMMITTEE ASSIGNMENTS House File 2286 Reassigned Judiciary: Dinkla, Chair; Bernau and Millage. House File 2290 Natural Resources: Tyrrell, Chair; Branstad and Cohoon. House File 2314 Human Resources: Blodgett, Chair; Harper, Myers, Schulte and Veenstra. House File 2321 Human Resources: Salton, Chair; Burnett, Lord, Murphy and Veenstra. House File 2334 Human Resources: Salton, Chair; Burnett, Lord, Murphy and Veenstra. House File 2336 Human Resources: Blodgett, Chair; Harper, Myers, Schulte and Veenstra. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 696 Commerce-Regulation: Metcalf, Chair; Jacobs and Nelson of Pottawattamie. House Study Bill 699 Human Resources: Harrison, Chair; Veenstra and Witt. House Study Bill 700 Transportation: Blodgett, Chair; Carroll and Ollie. House Study Bill 701 Transportation: Blodgett, Chair; Carroll and Ollie. House Study Bill 702 Environmental Protection: Greiner, Chair; Vande Hoef and Witt. House Study Bill 703 Environmental Protection: Bradley, Chair; Drees and Thomson. House Study Bill 704 Local Government: Mertz, Chair; Arnold and Vande Hoef. House Study Bill 705 Local Government: Klemme, Chair; Arnold, Huseman, Mundie and Vande Hoef. House Study Bill 712 Transportation: Brauns, Chair; Heaton and Mundie. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 719 Human Resources Relating to the establishment of compulsive gamblers outpatient centers, providing for the administration of compulsive gamblers programs by the department of human services, and providing for other properly related matters. H.S.B. 720 Human Resources Relating to cigarettes and tobacco products, establishing penalties and making penalties applicable. H.S.B. 721 State Government Relating to certain public retirement systems, making appropriations, and providing effective and retroactive applicability dates. H.S.B. 722 Appropriations Relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters. H.S.B. 723 Appropriations Relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, making appropriations for capital projects from the rebuild Iowa infrastructure fund, allocating commercial vehicle fines to the road use tax fund, relating to construction projects for the commission of veterans affairs, providing for school technology improvements and providing an effective date. 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 COMMERCE-REGULATION House File 2030, a bill for an act relating to the redemption rights of mortgagors and lienholders in actions of judicial foreclosure without rights of redemption, when the federal government is one of the junior lienholders. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Senate File 376, a bill for an act relating to the regulation of credit unions by authorizing additional powers and defining certain business relationships and establishing a penalty. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H_5122 February 22, 1996. Committee Bill (Formerly House Study Bill 639), relating to entities and subject matter under the regulatory authority of the division of insurance, including prearranged funeral contracts, cemeteries, and business opportunities, and establishing fees. Fiscal Note is not required. Recommended Amend and Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 670), authorizing a foreign mutual insurance company or a foreign health service corporation to reorganize by forming an insurance holding company, and providing that a mutual insurance holding company shall at all times own a majority of the voting shares of the capital stock of a reorganized domestic or foreign insurance company. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 633), relating to voting, the distribution of earnings, and the bylaws of a cooperative association. Fiscal Note is not required. Recommended Do Pass February 22, 1996. COMMITTEE ON ECONOMIC DEVELOPMENT Committee Bill (Formerly House Study Bill 587), relating to the moneys available to the workforce development fund and the duration of the fund. Fiscal Note is not required. Recommended Amend and Do Pass February 22, 1996. COMMITTEE ON HUMAN RESOURCES House File 2150, a bill for an act relating to grandparent visitation rights. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H_5115 February 22, 1996. COMMITTEE ON JUDICIARY Senate File 2087, a bill for an act providing that appeal of certain sentences be by writ of certiorari. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 601), prohibiting a person from soliciting another person to arrange a sex act with a child and making a penalty applicable. Fiscal Note is required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 613), amending the uniform commercial code relating to letters of credit and providing an effective date. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 614), relating to limited liability companies and corporations, including the period within which a limited liability company subject to dissolution may be continued, use of trade names by corporations and limited liability companies, and providing an exemption from the real estate transfer tax for certain transfers involving limited liability companies. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 645), 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. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 650), relating to the authority of fiduciaries under the probate code to invest in open-end or closed-end management investment companies or investment trusts. Fiscal Note is not required. Recommended Do Pass February 22, 1996. COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS Committee Bill (Formerly House Study Bill 672), relating to occupational hearing loss, concerning the definitions, apportionment of hearing loss, and measurement of hearing loss. Fiscal Note is not required. Recommended Amend and Do Pass February 22, 1996. COMMITTEE ON LOCAL GOVERNMENT House File 2067, a bill for an act relating to the authority of a benefited fire district to provide emergency medical services. Fiscal Note is not required. Recommended Do Pass February 22, 1996. House File 2187, a bill for an act relating to the attachment of property to a rural water district. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House File 493), providing for drug testing of public safety employees and making penalties applicable. Fiscal Note is not required. Recommended Amend and Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 566), increasing the property tax rate a city may levy for maintenance and operation of a municipal transit system. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 618), expanding the issuance of motor vehicle licenses by county treasurers and providing funding and an effective date. Fiscal Note is not required. Recommended Do Pass February 22, 1996. COMMITTEE ON NATURAL RESOURCES Committee Bill (Formerly House Study Bill 643), relating to issuance of free deer and wild turkey hunting licenses to certain landowners and tenants. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 651), relating to the issuance of deer and wild turkey nonresident hunting licenses to certain official guests and dignitaries. Fiscal Note is not required. Recommended Do Pass February 22, 1996. COMMITTEE ON TRANSPORTATION House File 2276, a bill for an act relating to vehicles classified as school buses. Fiscal Note is not required. Recommended Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 608), relating to certain motor vehicle operation violations involving signals and stops and increasing certain scheduled fines. Fiscal Note is not required. Recommended Amend and Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 635), relating to motor vehicle dimensional and weight requirements and certificates of title for commercial vehicles. Fiscal Note is not required. Recommended Amend and Do Pass February 22, 1996. Committee Bill (Formerly House Study Bill 637), relating to repair of out-of-state commercial vehicles and providing an immediate effective date. Fiscal Note is not required. Recommended Do Pass February 22, 1996. RESOLUTION FILED HCR 112, by Vande Hoef, a concurrent resolution urging the United States Congress to authorize construction of the Lewis and Clark rural water system. Laid over under Rule 25. AMENDMENTS FILED H_5114 H.F. 2298 Churchill of Polk H_5115 H.F. 2150 Committee on Human Resources H_5116 H.F. 2298 Churchill of Polk H_5117 H.F. 2298 Disney of Polk H_5118 H.F. 2298 Disney of Polk H_5119 H.F. 2256 Vande Hoef of Osceola H_5120 H.F. 2190 Bradley of Clinton Vande Hoef of Osceola H_5121 S.F. 2154 Disney of Polk H_5122 S.F. 376 Committee on Commerce-Regulation On motion by Siegrist of Pottawattamie, the House adjourned at 2:48 p.m., until 8:45 a.m., Tuesday, February 27, 1996.
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