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Fifty-third Calendar Day - Thirty-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, February 29, 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 Robert Riggert, Zion Lutheran Church, Manning. The Journal of Wednesday, February 28, 1996 was approved. INTRODUCTION OF BILLS House File 2408, by committee on natural resources, a bill for an act concerning mining by applying the criterion for the reclamation of mine sites, by redefining operator and mining operations, by amending the hearing procedures, by providing for administrative actions and the assessments of penalties by the division of soil conservation for noncompliance, and establishing additional penalties. Read first time and placed on the calendar. House File 2409, by committee on commerce-regulation, a bill for an act 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. Read first time and placed on the calendar. House File 2410, by Van Fossen, a bill for an act relating to establishing enterprise zones, providing development benefits, and establishing a penalty. Read first time and referred to committee on economic development. House File 2411, by committee on local government, a bill for an act relating to county budgets, limiting expenditures by counties, providing for appropriation of county funds, creating a capital improvements fund, and repealing the property tax limitation on counties, and providing an effective date. Read first time and placed on the calendar. SENATE MESSAGES CONSIDERED Senate File 2062, by committee on judiciary, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and providing effective and retroactive applicability dates. Read first time and referred to committee on judiciary. Senate File 2157, by committee on education, a bill for an act relating to the duties of the college student aid commission in administering the Iowa guaranteed loan program, creating a chiropractic loan revolving fund, and providing for matters related to the chiropractic graduate student forgivable loan program. Read first time and referred to committee on education. Senate File 2162, by Neuhauser, a bill for an act relating to the postdelivery benefits and care requirements for mothers and newborns. Read first time and referred to committee on commerce-regulation. HOUSE FILE 2276 REFERRED The Speaker announced that House File 2276, presently on the calendar, was referred to committee on transportation. CONSIDERATION OF BILLS Regular Calendar House File 2299, a bill for an act relating to filing of instruments by county recorders, was taken up for consideration. Klemme of Plymouth 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. 2299) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Daggett Dinkla Disney 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 Mertz Metcalf Meyer Millage Moreland 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: Rants Absent or not voting, 5: Brammer Corbett, Spkr. Larson McCoy Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2256, a bill for an act providing requirements for implementation of new or revised federal block grant provisions which affect local governments and providing an effective date and applicability provision, was taken up for consideration. Vande Hoef of Osceola offered the following amendment H-5119 filed by him and moved its adoption: H-5119 1 Amend House File 2256 as follows: 2 1. Page 1, line 28, by inserting after the word 3 "services," the following: "education,". Amendment H-5119 was adopted. Vande Hoef of Osceola 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. 2256) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Daggett Dinkla Disney 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 Mertz Metcalf 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, 5: Brammer Corbett, Spkr. Larson McCoy Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2178, a bill for an act authorizing school districts to establish and enforce traffic and parking rules and authorizing penalties, with report of committee recommending passage, was taken up for consideration. Daggett of Union 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. 2178) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Churchill Cohoon Connors Coon Cormack Daggett Dinkla Disney 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 Mertz Metcalf 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: Brammer Cataldo Corbett, Spkr. Larson McCoy 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 Files 2178, 2256 and 2299. On motion by Siegrist of Pottawattamie, the House was recessed at 9:12 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:07p.m., Speaker Corbett in the chair. SPECIAL PRESENTATION TO HOUSE PAGES Speaker Corbett invited the House Pages to the Speaker's station for a special presentation and thanked them for their service to the House of Representatives. Certificates of excellence for serving with honor and distinction as a House Page during the Second Regular Session of the Seventy-sixth General Assembly were presented to the following Pages by Speaker Corbett and Minority Leader Schrader of Marion: Brad Beaubien Martin Hove Nate Beecher Christy Hurley Kerry Boyd Keith Muhlbauer Katie Busch Molly Possehl Jennifer Fields Rebecca Ray Jennifer Hare April Sanders Ryan Hendrickson INTRODUCTION OF BILLS House Joint Resolution 2004, by Warnstadt, a joint resolution proposing an amendment to the Constitution of the State of Iowa to eliminate the office of Lieutenant Governor. Read first time and referred to committee on state government. House File 2412, by committee on labor and industrial relations, a bill for an act relating to workers' compensation claims against the second injury fund and permanent partial disability compensation, authorizing the commissioner of insurance to impose a surcharge, and providing an effective date. Read first time and placed on the calendar. House File 2413, by committee on commerce-regulation, a bill for an act relating to foreign and domestic business corporations by amending certain reporting and filing requirements and procedures and establishing fees. Read first time and placed on the calendar. House File 2414, by committee on education, a bill for an act relating to school finance, by providing for on-time funding for new students based upon increased student enrollment, and providing an effective date. Read first time and placed on the calendar. House File 2415, by Brand, a bill for an act relating to the designation of rural health clinics as essential community providers and providing for the reimbursement of such providers on the basis of costs incurred. Read first time and referred to committee on commerce-regulation. House File 2416, by committee on appropriations, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters. Read first time and placed on the appropriations calendar. House File 2417, by committee on local government, a bill for an act relating to the price index for growth for purposes of the property tax limitation. Read first time and referred to committee on ways and means. ADOPTION OF HOUSE RESOLUTION 103 Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of House Resolution 103, a resolution honoring Mrs. Phyllis Barry upon her retirement as Iowa Administrative Code Editor, and moved its adoption. The motion prevailed and the resolution was aopted. HOUSE FILE 2343 REREFERRED The Speaker announced that House file 2343, previously referred to committee on commerce-regulation, was rereferred to committee on ways and means. The House stood at ease at 1:23 p.m., until the fall of the gavel. The House resumed session at 1:52 p.m., Speaker Corbett in the chair. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-five seventh grade students from Winterset Junior High, Winterset, accompanied by Steve Corkrean. By Dinkla of Guthrie. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: DEPARTMENT OF TRANSPORTATION A report on the results of the second annual recalculation of the construction and maintenance needs of roads under the jurisdiction of each county, pursuant to Chapter 307A.2(14A), Code of Iowa. 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\165 Joseph Nyquist, Dubuque - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1996\166 Aaron Seier, Dubuque - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1996\167 Anne E. Fairbanks, Grimes - For attaining the Girl Scout Gold Award, the highest award in Girl Scouting . 1996\168 Bobby Gonshorowski, Washington - For winning the Class 2A championship in the 140 lb. weight class of the 1996 State Wrestling Tournament. SUBCOMMITTEE ASSIGNMENTS House File 2254 Ways and Means: Drake, Chair; Main and Shoultz. House File 2278 Ways and Means: Greig, Chair; Main and Weigel. House File 2356 Education: Brunkhorst, Chair; Garman and Kreiman. House File 2357 Education: Hanson, Chair; Baker and Gries. House File 2359 Ways and Means: Disney, Chair; Myers and Van Fossen. House File 2371 Education: Boddicker, Chair; Nelson of Marshall and Nelson of Pottawattamie. House File 2374 Education: Daggett, Chair; Grundberg and Warnstadt. House File 2388 Education: Grundberg, Chair; Gries and Mascher. House File 2399 Local Government: Carroll, Chair; Brauns and Myers. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS House Study Bill 592 Judiciary: Kremer, Chair; Dinkla and Moreland. House Study Bill 711 Ways and Means: Gries, Chair; Bernau and Larson. House Study Bill 736 Ways and Means: Dinkla, Chair; Bernau and Halvorson. House Study Bill 737 Judiciary: Coon, Chair; Bell and Veenstra. House Study Bill 738 Judiciary: Nutt, Chair; Holveck and Kremer. House Study Bill 739 Judiciary: Boddicker, Chair; Bell and Schulte. House Study Bill 740 Local Government: Vande Hoef, Chair; Hanson and Larkin. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 742 Human Resources Relating to children's provisions involving child support, the family investment program, and related human services programs by establishing additional eligibility and assistance provisions and requiring the department of human services to apply for federal waivers and providing an applicability provision and effective dates. H.S.B. 743 Appropriations Relating to the Iowa healthy family program fund and making an appropriation. H.S.B. 744 Transportation Providing that a court order the revocation or suspension of a driver's license at the time of conviction for certain drug-related offenses, 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 AGRICULTURE Committee Bill (Formerly House Study Bill 725), relating to receiverships regarding the administration of the assets of grain dealers. Fiscal Note is not required. Recommended Do Pass February 28, 1996. COMMITTEE ON APPROPRIATIONS Committee Bill (Formerly House Study Bill 586), relating to energy conservation including making appropriations of petroleum overcharge funds. Fiscal Note is not required. Recommended Do Pass February 29, 1996. COMMITTEE ON COMMERCE-REGULATION Committee Bill (Formerly House Study Bill 630), relating to energy efficiency programs, electric and gas public utility energy efficiency mandates, and funding for the Iowa energy center and the center for global and regional environmental research. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 634), relating to disclosure requirements under the federal Community Reinvestment Act with respect to the eligibility of a financial institution to receive state public funds. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 665), relating to foreign and domestic business corporations by amending certain reporting and filing requirements and procedures and establishing fees. Fiscal Note is not required. Recommended Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 724), relating to the regulation of industrial loan companies by establishing certain requirements applicable to a change of control, providing for the appointment of the superintendent as receiver, and requiring an industrial loan company to obtain federal deposit insurance for certain debt instruments, and making a penalty applicable. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. COMMITTEE ON ECONOMIC DEVELOPMENT Committee Bill (Formerly House Study Bill 588), to repeal the Wallace technology transfer foundation. Fiscal Note is not required. Recommended Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 693), establishing a workforce development department by eliminating the department of employment services and including workforce development programs in the new department. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 694), relating to department of economic development programs, including the workforce development fund program and the Iowa small business new jobs training Act, establishing a rural microbusiness assistance program, and increasing the funds available for the value-added agricultural products and processes program. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. COMMITTEE ON EDUCATION House File 2271, a bill for an act directing the department of education to conduct a study relating to driver education and instruction. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H_5131 February 28, 1996. Committee Bill (Formerly House Study Bill 558), relating to school finance, by providing for funding advances based upon increased student enrollment, and providing an effective date. Fiscal Note is required. Recommended Amend and Do Pass February 28, 1996. COMMITTEE ON ENVIRONMENTAL PROTECTION Committee Bill (Formerly House Study Bill 702), 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. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 703), relating to issuance of a certificate of title for a documented vessel. Fiscal Note is not required. Recommended Do Pass February 28, 1996. COMMITTEE ON HUMAN RESOURCES House File 2201, a bill for an act relating to defining the practice of dentistry. Fiscal Note is not required. Recommended Do Pass February 28, 1996. COMMITTEE ON JUDICIARY Committee Bill (Formerly House Study Bill 579), relating to public access to criminal history data maintained by the department of public safety. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. COMMITTEE ON LOCAL GOVERNMENT House File 2077, a bill for an act relating to political activity by members of the natural resource commission. Fiscal Note is not required. Recommended Do Pass February 28, 1996. House File 2249, a bill for an act relating to payments by counties and certain defendants of the fees and expenses received by a county medical examiner in investigating a person's death. Fiscal Note is not required. Recommended Do Pass February 28, 1996. Committee Bill (Formerly House File 2171), relating to a continuing appropriation for city capital projects and major equipment. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 622), relating to certain certification requirements of a city or county urban renewal area. Fiscal Note is not required. Recommended Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 627), relating to termination of rental agreements and notice provisions for actions to recover property. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 740), relating to the price index for growth for purposes of the property tax limitation. Fiscal Note is not required. Recommended Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 641), relating to the financial procedures of counties, cities, and drainage districts, by amending the powers and duties of county treasurers, by eliminating the filing of late claims for property credits, by striking personal property tax credits of military veterans, by striking outdated property tax limitations, by providing for properly related matters, and by providing an applicability date. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. COMMITTEE ON NATURAL RESOURCES House File 2250, a bill for an act relating to the hunting of deer with a pistol or revolver and providing a penalty. Fiscal Note is not required. Committee Recommendation Failed to Pass February 28, 1996. House File 2335, a bill for an act relating to park user permits and providing a penalty and an effective date. Fiscal Note is not required. Committee Recommendation Failed to Pass February 28, 1996. COMMITTEE ON STATE GOVERNMENT House File 2324, a bill for an act relating to state employee disclosures of information and making penalties applicable. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H_5133 February 29, 1996. Committee Bill (Formerly House Study Bill 686), setting campaign contribution limits by persons and political committees, addressing independent expenditures on behalf of candidates, employee and member contributions, making penalties applicable, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass February 29, 1996. COMMITTEE IN TRANSPORTATION Committee Bill (Formerly House Study Bill 712), 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. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. Committee Bill (Formerly House Study Bill 718), relating to a restriction for special minors' licenses for persons age fourteen and fifteen and making a penalty applicable. Fiscal Note is not required. Recommended Amend and Do Pass February 28, 1996. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 2176), relating to the taxation of real property used in the operation of a racetrack or racetrack enclosure. Fiscal Note is not required. Recommended Amend and Do Pass February 29, 1996. Committee Bill (Formerly House Study Bill 736), relating to the taxation of payments received by organized health care delivery systems. Fiscal Note is not required. Recommended Amend and Do Pass February 29, 1996. Committee Bill (Formerly House Study Bill 741), relating to state sales and services tax exemption certificates issued to state and county fairs. Fiscal Note is not required. Recommended Do Pass February 29, 1996. RESOLUTIONS FILED HCR 115, by Weigel, a concurrent resolution to request that the President of the United States and the Congress of the United States remove current obstacles which prevent the transfer of agricultural land between family members participating in Iowa's Beginning Farmer Loan Program supported by small issue private activity bonds exempt from federal income taxation.. Referred to committee on agriculture. HCR 116, by Grundberg, a concurrent resolution designating March 1996 as Iowa Women's History Month. Laid over under Rule 25. AMENDMENTS FILED H_5129 H.F. 2298 Disney of Polk H_5130 H.F. 2298 Disney of Polk H_5131 H.F. 2271 Committee on Education H_5132 H.F. 2298 Metcalf of Polk H_5133 H.F. 2324 Committee on State Government H_5134 H.F. 2396 Bradley of Clinton H_5135 H.F. 2298 Carroll of Poweshiek On motion by Siegrist of Pottawattamie, the House adjourned at 1:55 p.m., until 9:30 a.m., Friday, March 1, 1996.
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