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House Journal: Thursday, February 29, 1996

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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