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Fifty-seventh Calendar Day - Thirty-eighth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, March 4, 1996
The House met pursuant to adjournment at 1:00 p.m., Speaker
Corbett in the chair.
Prayer was offered by Pastor David Renfro, St. Paul Lutheran
Church, Aurelia.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Jennifer Schwickerath, House
Page.
The Journal of Friday, March 1, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Osterhaus of Jackson, for the week of March 4, 1996, Bernau of
Story, both on request of Schrader of Marion; Drake of
Pottawattamie, on request of Siegrist of Pottawattamie.
HOUSE FILES REFERRED
The Speaker announced that House Files 2295 and 2414, presently
on the calendar, were referred to committee on appropriations.
CONSIDERATION OF BILLS
Regular Calendar
House File 2400, a bill for an act relating to anatomical gifts
including the use of confidential information and the authority
of a medical examiner to release and permit the removal of a
body part in certain instances for the purposes of making an
anatomical gift, was taken up for consideration.
Blodgett of Cerro Gordo 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. 2400)
The ayes were, 70:
Arnold Baker Bell Blodgett
Boddicker Boggess Bradley Brammer
Branstad Brauns Burnett Cataldo
Churchill Cohoon Connors Coon
Cormack Daggett Dinkla
Disney Doderer Eddie Ertl
Gipp Greig Gries Grubbs Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Holveck Huseman Jacobs
Jochum Kreiman Kremer
Lamberti Larkin Larson Martin
Mascher May McCoy Metcalf
Meyer Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
Ollie Rants Salton Schrader
Schulte Siegrist Sukup Teig
Van Fossen Veenstra Warnstadt Weidman
Welter Wise Mr. Speaker
Corbett
The nays were, 27:
Brand Brunkhorst Carroll Drees
Fallon Garman Greiner Grundberg
Heaton Houser Hurley Klemme
Koenigs Lord Main Mertz
Millage O'Brien Renken Shoultz
Taylor Thomson Tyrrell Van Maanen
Vande Hoef Weigel Witt
Absent or not voting, 3:
Bernau Drake Osterhaus
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 2400 be immediately messaged to the Senate.
House File 2303, a bill for an act relating to hazardous
materials transportation, was taken up for consideration.
Nelson of Marshall 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. 2303)
The ayes were, 96:
Arnold Baker Bell Blodgett
Boddicker Boggess Bradley Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon
Cormack Daggett Dinkla Disney
Doderer 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 Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Mr. Speaker Corbett
The nays were, 1:
Fallon
Absent or not voting, 3:
Bernau Drake Osterhaus
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
House File 2140, a bill for an act relating to the motor vehicle
fuel tax law and providing effective and retroactive
applicability dates, was taken up for consideration.
Van Fossen of Scott offered the following amendment H-5088 filed
by him and moved its adoption:
H-5088
1 Amend House File 2140 as follows:
2 1. Page 4, by inserting after line 33 the
3 following:
4 "Sec. ___. Section 452A.63, unnumbered paragraph
5 1, Code Supplement 1995, is amended to read as
6 follows:
7 All information obtained by the department of
8 revenue and finance or the state department of
9 transportation from the examining of reports or
10 records required to be filed or kept under this
11 chapter shall be treated as confidential and shall not
12 be divulged except to other state officers, a member
13 or members of the general assembly, or any duly
14 appointed committee of either or both houses of the
15 general assembly, or to a representative of the state
16 having some responsibility in connection with the
17 collection of the taxes imposed or in proceedings
18 brought under the provisions of this chapter. The
19 appropriate state agency may make available to the
20 public on or before forty-five days following the last
21 day of the month in which the tax is required to be
22 paid, the names of suppliers, restrictive suppliers,
23 and importers and as to each of them the total gallons
24 of motor fuel, undyed special fuel, and ethanol-
25 blended gasoline withdrawn from terminals or imported
26 into the state during that month. The department of
27 revenue and finance or the state department of
28 transportation, upon request of officials entrusted
29 with enforcement of the motor vehicle fuel tax laws of
30 the federal government or any other state, may forward
31 to such officials any pertinent information which the
32 appropriate state agency may have relative to motor
33 fuel and special fuel provided the officials of the
34 other state furnish like information."
35 2. By renumbering as necessary.
Amendment H-5088 was adopted.
Van Fossen 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?" (H.F. 2140)
The ayes were, 96:
Arnold Baker Bell Blodgett
Boddicker Boggess Bradley Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Cormack
Daggett Dinkla Disney Doderer
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 Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Nelson, B. Nelson, L. Nutt
O'Brien Ollie Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Mr. Speaker Corbett
The nays were, none.
Absent or not voting, 4:
Bernau Drake Myers Osterhaus
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Rule 76 invoked: Under the provisions of Rule 76, conflict of
interest, Myers of Johnson refrained from voting.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2140 be immediately messaged to the Senate.
Regular Calendar
House File 2351, a bill for an act relating to repair of
out-of-state commercial vehicles and providing an immediate
effective date, was taken up for consideration.
Welter of Jones 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. 2351)
The ayes were, 97:
Arnold Baker Bell Blodgett
Boddicker Boggess Bradley Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Cormack
Daggett Dinkla Disney Doderer
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 Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Mr. Speaker
Corbett
The nays were, none:
Absent or not voting, 3:
Bernau Drake Osterhaus
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2366, a bill for an act relating to entities and
subject matter under the regulatory authority of the division of
insurance, including prearranged funeral contracts, cemeteries,
residential service contracts, and business opportunities, and
establishing fees, was taken up for consideration.
Van Fossen 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?" (H.F. 2366)
The ayes were, 97:
Arnold Baker Bell Blodgett
Boddicker Boggess Bradley Brammer
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Cormack
Daggett Dinkla Disney Doderer
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 Larson
Lord Main Martin Mascher
May McCoy Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Mr. Speaker
Corbett
The nays were, none:
Absent or not voting, 3:
Bernau Drake Osterhaus
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 2303, 2351 and 2366.
INTRODUCTION OF BILLS
House File 2424, by committee on local government, a bill
for an act relating to a continuing appropriation for public
improvements.
Read first time and placed on the calendar.
House File 2425, by committee on local government, a bill
for an act relating to drainage district bid bonds, assessment
payments, subdistricts, and drainage discharge liability.
Read first time and placed on the calendar.
House File 2426, by committee on local government, a bill
for an act relating to certain certification requirements of a
city or county urban renewal area.
Read first time and placed on the calendar.
House File 2427, by committee on local government, a bill
for an act relating to mental health, mental retardation,
developmental disabilities, and other services paid for in whole
or in part by counties or the state, and including an
applicability provision and an effective date.
Read first time and placed on the calendar.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Monday
February 15 through Thursday February 29, 1996. Had I been
present, I would have voted "aye" on House Files 258, 2109,
2144, 2018, 2183, 2196, 2209, 2225, 2114, 2202, 2009, 2230,
2211, 2310, 2234, 2259, 2299, 2256, and 2178, Senate Files 2072,
2088, 2066, 2130, and 2063, amendments H_5078A and H_5078B, to
Senate amendment H_4229, to House File 258; amendment H_5106, to
Senate amendment H_5079, to House File 2114; and amendment
H_5110, to Senate File 2063; and "nay" on amenment H_5113, to
amendment H_5110, to Senate File 2063.
LARSON of Linn
BILL SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 4, 1996, he approved and transmitted to the Secretary
of State the following bill:
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.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
CAPITOL PLANNING COMMISSION
The Annual Report, pursuant to Chapter 18A.3, Code of Iowa.
DEPARTMENT OF HUMAN SERVICES
A Report on the Child Abuse Assessment Pilot Project, pursuant
to Chapter 147.5(8), 1995 Acts of the Seventy-sixth General
Assembly.
LEGISLATIVE FISCAL BUREAU
A Report on the Living Roadway Trust Fund, pursuant to Chapter
220.32, 1995 Acts of the Seventy-sixth General Assembly.
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\170 Lisa Thompson, Carter Lake - For receiving the
Jefferson Award for outstanding public service benefiting a
local community.
1996\171 Anna May Santana, Council Bluffs - For celebrating her
Eightieth birthday.
1996\172 Eunice and Milo Lee, Inwood - For celebrating their
Sixtieth wedding anniversary.
SUBCOMMITTEE ASSIGNMENT
Senate File 2245
State Government: Martin, Chair; Bradley, Connors, Gipp, Jacobs,
Jochum and Larkin.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 745 Appropriations
Relating to and making appropriations to the justice system and
providing effective dates.
H.S.B. 746 Appropriations
Relating to the funding of, operation of, and appropriation of
moneys to agencies, institutions, commissions, departments, and
boards responsible for education and cultural programs of this
state and making related statutory changes and providing
effective date provisions.
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 2315, 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.
Fiscal Note is not required.
Recommended Do Pass February 29, 1996.
Committee Bill (Formerly House File 2096), providing for the
establishment of a lien by licensed professionals against
damages collected by an injured patient.
Fiscal Note is not required.
Recommended Amend and Do Pass February 29, 1996.
Committee Bill (Formerly House Study Bill 697), 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.
Fiscal Note is not required.
Recommended Do Pass February 29, 1996.
Committee Bill (Formerly House Study Bill 698), relating to the
consumer credit code and permissible finance charges and other
fees which may be charged to a consumer by a lender.
Fiscal Note is not required.
Recommended Amend and Do Pass February 29, 1996.
Committee Bill (Formerly House Study Bill 727), relating to
satellite terminals and establishing certain requirements for
such terminals of a financial institution with a principal place
of business in another state and a business location in Iowa.
Fiscal Note is not required.
Recommended Amend and Do Pass February 29, 1996.
COMMITTEE ON ECONOMIC DEVELOPMENT
Committee Bill (Formerly House File 2332), relating to providing
a payment for investment in a sesquicentennial fund, providing
penalties, and making an appropriation.
Fiscal Note is not required.
Recommended Amend and Do Pass February 29, 1996.
COMMITTEE ON EDUCATION
House File 455, a bill for an act relating to the filing of
complaints concerning child abuse or crimes with the board of
educational examiners.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_5150 February 29,
1996.
House File 2084, a bill for an act relating to school finance
by providing for additional enrollment for school district
transportation costs based upon a school district enrollment
sparsity factor.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H_5151 February 29,
1996.
House File 2340, a bill for an act relating to school finance by
providing additional current year funding for special education
students and providing an effective date.
Fiscal Note is required.
Recommended Do Pass February 29, 1996.
COMMITTEE ON HUMAN RESOURCES
House File 2050, a bill for an act relating to selection
criteria preferences in the placement of children for adoption
by or through the department of human services.
Fiscal Note is not required.
Recommended Do Pass February 29, 1996.
House File 2199, a bill for an act creating a voluntary welfare
replacement initiative administered by the department of human
services, providing for an associated individual income tax
credit, and providing effective date and applicability
provisions.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H_5142 February 29,
1996.
House File 2272, a bill for an act relating to human
immunodeficiency virus provisions involving the legal guardian
of a minor.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_5143 February 29,
1996.
House File 2285, a bill for an act requiring disclosure
regarding child day care providers, employees, or residents who
have committed a crime or have a record of founded child abuse
and providing civil liability and a penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_5144 February 29,
1996.
House File 2314, a bill for an act relating to requirements for
reports submitted by certain service providers to the department
of human services.
Fiscal Note is not required.
Recommended Do Pass February 29, 1996.
House File 2352, a bill for an act relating to programs
available to persons with disabilities which are administered by
the department of human services.
Fiscal Note is not required.
Recommended Do Pass February 29, 1996.
House File 2355, a bill for an act relating to the establishment
of personal needs trusts for persons with disabilities.
Fiscal Note is not required.
Recommended Do Pass February 29, 1996.
Committee Bill (Formerly House Study Bill 617), relating to the
continued existence of the prevention of disabilities policy
council and technical assistance committee and providing an
effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 29, 1996.
Committee Bill (Formerly House Study Bill 699), relating to the
establishment of a problem gambling treatment program, creating
an advisory committee, providing for other properly related
matters, and applying a penalty.
Fiscal Note is required.
Recommended Amend and Do Pass February 29, 1996.
Committee Bill (Formerly House Study Bill 742), 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.
Fiscal Note is required.
Recommended Amend and Do Pass February 26, 1996.
COMMITTEE ON TRANSPORTATION
Committee Bill (Formerly House File 2038), relating to public
access to motor vehicle records and providing an effective date.
Fiscal Note is required.
Recommended Amend and Do Pass February 29, 1996.
Committee Bill (Formerly House File 2284), relating to special
minors' licenses and transportation to and from school and
providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 29, 1996.
AMENDMENTS FILED
H_5138 H.F. 2157 Meyer of Sac
H_5139 H.F. 2416 O'Brien of Boone
H_5140 H.F. 2416 O'Brien of Boone
H_5141 H.F. 2401 Arnold of Lucas
H_5142 H.F. 2199 Committee on
Human Resources
H_5143 H.F. 2272 Committee on
Human Resources
H_5144 H.F. 2285 Committee on
Human Resources
H_5145 H.F. 2024 Kremer of Buchanan
H_5146 H.F. 2383 Kremer of Buchanan
H_5147 H.F. 2421 Brauns of Muscatine
H_5148 H.F. 2235 Kremer of Buchanan
H_5149 H.F. 2387 Kremer of Buchanan
H_5150 H.F. 455 Committee on
Education
H_5151 H.F. 2084 Committee on
Education
H_5152 H.F. 2416 Brammer of Linn
H_5153 H.F. 2401 Kreiman of Davis
H_5154 H.F. 2421 Kreiman of Davis
H_5155 H.F. 2397 Weigel of Chickasaw
H_5156 H.F. 2416 Cataldo of Polk
Kreiman of Davis
Holveck of Polk
Murphy of Dubuque
On motion by Siegrist of Pottawattamie, the House adjourned at
2:07 p.m. until 8:45 a.m., Tuesday, March 5, 1996.
Correction to House Journal of February 29, 1996
Page 492, Roll call on House File 2178: Cataldo of Polk should
have been recorded as voting "aye."
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
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