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Fifty-ninth Calendar Day - Fortieth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, March 6, 1996 The House met pursuant to adjournment at 8:45 a.m., Rants of Woodbury in the chair. Prayer was offered by Reverend Richard Graves, St. Paul's Episcopal Church, Grinnell. The Journal of Tuesday, March 5, 1996 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Corbett, for March 6 and 7, 1996, on request of Siegrist of Pottawattamie. INTRODUCTION OF BILLS House File 2462, by committee on transportation, a bill for an act relating to public access to motor vehicle records and providing a conditional repeal and an effective date. Read first time and placed on the calendar. House File 2463, by committee on economic development, a bill for an act relating to workforce development by establishing a workforce development department, by eliminating the department of employment services, and including workforce development programs in the new department, and by establishing a workforce development board and regional advisory boards. Read first time and placed on the calendar. House File 2464, by committee on commerce-regulation, a bill for an act 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. Read first time and placed on the calendar. SENATE MESSAGES CONSIDERED Senate File 2101, by committee on human resources, a bill for an act relating to the disbursement of the remaining funds in a nonguaranteed irrevocable burial trust fund following satisfaction of payment in accordance with an agreement for funeral merchandise and funeral services. Read first time and referred to committee on commerce-regulation. Senate File 2121, by Palmer and Douglas, a bill for an act providing for auditing practices by the Iowa state fair board. Read first time and referred to committee on state government. Senate File 2122, by Gronstal, a bill for an act relating to unclaimed property held by the state, fraudulent practices to obtain the property, and establishing a penalty. Read first time and referred to committee on state government. Senate File 2127, by Gronstal, a bill for an act relating to the confidentiality of social security numbers of the owners of unclaimed property. Read first time and referred to committee on state government. Senate File 2155, by committee on judiciary, a bill for an act to adjust the jurisdictional amount for municipal infractions tried before a judge in district court. Read first time and referred to committee on judiciary. Senate File 2159, by committee on education, a bill for an act relating to evaluator licensing of educators. Read first time and referred to committee on education. Senate File 2165, by committee on natural resources, environment, and energy, a bill for an act relating to the hunting season for ungulates on a hunting preserve and providing an effective date. Read first time and referred to committee on natural resources. Senate File 2182, by Gronstal and Rittmer, a bill for an act concerning employment rights of fire fighters under civil service who are elected as officers in certain professional fire fighter organizations, and providing an effective date. Read first time and referred to committee on labor and industrial relations. Senate File 2200, by committee on education, a bill for an act relating to school employee sick leave. Read first time and referred to committee on education. Senate File 2204, by committee on education, a bill for an act relating to the operation of the vocational rehabilitation division of the department of education and promoting consistency with the most recently amended version of federal law. Read first time and referred to committee on education. Senate File 2207, by committee on judiciary, a bill for an act relating to excuse from jury service and the reimbursement of jurors and witnesses for transportation and mileage expenses. Read first time and referred to committee on judiciary. Senate File 2208, by committee on judiciary, a bill for an act relating to persons required to register with the sex offender registry and providing a penalty. Read first time and referred to committee on judiciary. Senate File 2211, by committee on judiciary, a bill for an act relating to fingerprinting requirements for certain public offenses. Read first time and referred to committee on judiciary. Senate File 2212, by committee on natural resources, environment, and energy, a bill for an act relating to the regulation of timber sales and surety bonds paid by timber buyers and providing an effective date. Read first time and referred to committee on natural resources. Senate File 2213, by committee on human resources, a bill for an act relating to the continued existence of the prevention of disabilities policy council and technical assistance committee and providing an effective date. Read first time and referred to committee on human resources. Senate File 2215, by committee on human resources, a bill for an act relating to a study on the qualifications of deaf interpreters. Read first time and referred to committee on human resources. Senate File 2230, by Deluhery, a bill for an act relating to definitions, reporting, and remittance guidelines concerning the disposition of unclaimed property. Read first time and referred to committee on commerce-regulations. Senate File 2252, by committee on judiciary, a bill for an act relating to the number and apportionment of district associate judges, and providing an effective date. Read first time and referred to committee on judiciary. Senate File 2256, by committee on judiciary, a bill for an act relating to possession or control of alcohol by persons aged eighteen, nineteen, and twenty, and providing a penalty. Read first time and referred to committee on judiciary. Senate File 2259, by committee on natural resources, environment, and energy, a bill for an act relating to issuance of a certificate of title for a documented vessel. Read first time and passed on file. Senate File 2260, by committee on agriculture, a bill for an act relating to soil and water conservation, by providing for the powers and duties of commissioners of soil and water conservation districts, and soil and water conservation practices. Read first time and passed on file. Senate File 2270, by committee on judiciary, a bill for an act amending the uniform commercial code relating to letters of credit and providing an effective date. Read first time and passed on file. Senate File 2282, by committee on commerce, a bill for an act relating to the requirement of notifying a consumer of a change in the terms of an open-end credit agreement. Read first time and referred to committee on commerce-regulation. Senate File 2283, by committee on commerce, a bill for an act relating to voting, the distribution of earnings, and the bylaws of a cooperative association. Read first time and passed on file. Senate File 2287, by committee on natural resources, environment and energy, 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 passed on file. Senate File 2300, by committee on judiciary, a bill for an act relating to the willful destruction of E911 addressing signs and providing a penalty. Read first time and referred to committee on judiciary. Senate File 2303, by committee on human resources, a bill for an act relating to the medical assistance program including provisions relating to personal liability of personal representatives of medical assistance recipients, nursing facility fines, and transfers of assets. Read first time and referred to committee on human resources. Senate File 2305, by committee on judiciary, a bill for an act relating to purchase money mortgages and providing a retroactive applicability provision. Read first time and referred to committee on commerce-regulation. Senate File 2307, by Szymoniak, a bill for an act relating to programs available to persons with disabilities which are administered by the department of human services. Read first time and passed on file. Senate File 2321, by committee on human resources, a bill for an act relating to the nonconfidentiality of information regarding the qualifications of interpreters for the deaf services division of the department of human rights. Read first time and referred to committee on human resources. Senate File 2329, by committee on education, a bill for an act directing the state board of education to adopt rules relating to school nurses. Read first time and referred to committee on education. Senate File 2331, by committee on education, a bill for an act prohibiting certain uses and false representations relating to academic degrees, grades, or honors, and providing a penalty. Read first time and referred to committee on education. Senate File 2363, by committee on commerce, a bill for an act relating to entities and subject matter under the regulatory authority of the securities bureau of the division of insurance. Read first time and passed on file. Senate File 2367, by committee on state government, a bill for an act providing for the payment of outdated invoices by the agency to which the goods or services were provided, and by the department of revenue and finance, and providing an effective date. Read first time and referred to committee on state government. Senate File 2375, by committee on judiciary, a bill for an act relating to a limitation on qualifications for rebuttable presumptions for nuisance defenses for certain persons classified as chronic violators involved in confinement feeding operations. Read first time and referred to committee on judiciary. 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 March 5, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2114, a bill for an act relating to the amount of prison time served by persons convicted of an aggravated misdemeanor or greater offense, by providing for changes in the mandatory minimum terms of sentences to be served, providing for a reduction in the amount of good and honor time that may be earned by forcible felons, providing for a sentencing task force and a departmental study, and making other related changes. Also: That the Senate has on March 5, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2128, a bill for an act relating to the road use tax fund by allocating fines and fees for commercial vehicle violations to the road use tax fund, appropriating moneys to the road use tax fund from sales tax revenues, providing for use tax payments for leased vehicles, and appropriating moneys for funding recreational trails from the general fund of the state, and providing an applicability provision. .Also: That the Senate has on March 5, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2269, a bill for an act enhancing the penalties for a third or subsequent offense of domestic abuse assault. Also: That the Senate has on March 5, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2291, a bill for an act eliminating the restitution limit for the offense of operating while intoxicated. Also: That the Senate has on March 5, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2299, a bill for an act relating to reserve peace officers obtaining or renewing professional permits to carry weapons. Also: That the Senate has on March 5, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2302, a bill for an act to provide for the six-year revocation of licenses for persons who unintentionally cause the death of another while driving recklessly or eluding a police officer. Also: That the Senate has on March 5, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2352, a bill for an act providing that the sheriff may charge for room and board provided to county prisoners and providing for the creation and filing of a room and board reimbursement lien. Also: That the Senate has on March 5, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2354, a bill for an act relating to invasion of privacy of a minor and establishing a penalty. JOHN F. DWYER, Secretary CONSIDERATION OF BILLS Regular Calendar House File 2306, a bill for an act relating to the regulation of motorboats on certain artificial lakes, and providing an effective date, was taken up for consideration. Schulte of Linn offered the following amendment H-5175 filed by him and Myers and moved its adoption: H-5175 1 Amend House File 2306 as follows: 2 1. Page 1, by striking lines 6 through 11 and 3 inserting the following: "under the custody of the 4 department. However, onBig Creek lake andlake 5 Macbride, a motorboat with a power unit exceedingten6 twenty-five horsepower may be operated only when 7 permitted by rule and the rule shall not authorize 8 such use during the period beginning on the Friday 9 before Memorial Day and ending on Labor Day 10 inclusively. This paragraph does not limit". Amendment H-5175 lost. 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. 2306) The ayes were, 57: Arnold Bell Boggess Bradley Branstad Brauns Carroll Coon Cormack Daggett Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Hahn Halvorson Hammitt Barry Hanson Harrison Houser Hurley Huseman Jacobs Klemme Koenigs Kremer Lamberti Larson Lord Main May McCoy Mertz Meyer Mundie Nelson, B. Nutt O'Brien Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Vande Hoef Veenstra Warnstadt Weidman Rants, Presiding The nays were, 37: Bernau Blodgett Boddicker Brand Brunkhorst Burnett Cataldo Churchill Cohoon Connors Dinkla Doderer Fallon Grubbs Grundberg Harper Heaton Holveck Jochum Kreiman Larkin Martin Mascher Metcalf Millage Moreland Myers Nelson, L. Ollie Schrader Shoultz Taylor Van Fossen Weigel Welter Wise Witt Absent or not voting, 6: Baker Brammer Corbett, Spkr. Murphy Osterhaus Van Maanen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2387, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date, was taken up for consideration. Kremer of Buchanan offered the following amendment H-5149 filed by him and moved its adoption: H-5149 1 Amend House File 2387 as follows: 2 1. Page 1, line 16, by inserting after the word 3 "notify" the following: "by forwardable mail". 4 2. Page 1, line 22, by inserting after the word 5 "notify" the following: "by forwardable mail". 6 3. Page 1, line 27, by inserting after the word 7 "seventh" the following: "working". 8 4. Page 21, line 17, by striking the words 9 "target after" and inserting the following: "after10 target before". 11 5. Page 21, line 19, by striking the words 12 "target following" and inserting the following: 13 "followingtarget before". Amendment H-5149 was adopted. Jochum of Dubuque offered the following amendment H-5136 filed by her and moved its adoption: H-5136 1 Amend House File 2387 as follows: 2 1. By striking page 7, line 33, through page 8, 3 line 5. 4 2. By renumbering as necessary. Amendment H-5136 lost. Jacobs of Polk offered the following amendment H-5203 filed by her and moved its adoption: H-5203 1 Amend House File 2387 as follows: 2 1. Page 40, line 29, by inserting after the 3 figure "277.4," the following: "278.1,". Amendment H-5203 was adopted. Jacobs 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. 2387) 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 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 Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 6: Brammer Corbett, Spkr. Grundberg Murphy Osterhaus Van Maanen 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 2306 and 2387. House File 2390, a bill for an act providing for the branding of livestock, was taken up for consideration. Greig of Emmet 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. 2390) The ayes were, 96: 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 Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 4: Brammer Corbett, Spkr. Osterhaus Van Maanen 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 2390 be immediately messaged to the Senate. House File 523, a bill for an act relating to the establishment of minimum standards for the training of telecommunicators, was taken up for consideration. Coon of Warren asked and received unanimous consent to withdraw amendment H-5050 filed by him on February 5, 1996. Coon of Warren offered amendment H-5072 filed by him as follows: H-5072 1 Amend House File 523 as follows: 2 1. Page 1, line 9, by inserting after the word 3 "forum," the following: "the Iowa association of 4 chiefs of police, the Iowa state police association, 5 the Iowa association of professional fire fighters, 6 the Iowa emergency medical services association,". The following amendment H-5214, to amendment H_5072, filed from the floor by Coon of Warren, was adopted by unanimous consent: H-5214 1 Amend Amendment H_5072, to House File 523, as 2 follows: 3 1. Page 1, line 4, by inserting after the word 4 "police" the words "and peace officers". On motion by Coon of Warren, amendment H-5072, as amended, was adopted. Coon of Warren 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. 523) The ayes were, 95: Arnold Baker Bell Bernau Blodgett 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 Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 5: Boddicker Brammer Corbett, Spkr. Osterhaus Van Maanen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 523 be immediately messaged to the Senate. HOUSE FILE 2411 REFERRED The Speaker announced that House File 2411, presently on the calendar, was referred to committee on ways and means. Appropriations Calendar House File 2421, a bill for an act 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, and relating to the Iowa communications network, construction projects for the commission of veterans affairs, county fairs, recreational trails, and nonreversion of certain appropriations, and providing an effective date, was taken up for consideration. The House stood at ease as 10:55 a.m., until the fall of the gavel. The House resumed session at 11:05 a.m., Rants of Woodbury in the chair. LEAVE OF ABSENCE Leave of absence is granted as follows: Branstad of Winnebago, on request of Weidman of Cass; Vande Hoef of Osceola on request of Rants of Woodbury, both until their return. McCoy of Polk offered the following amendment H-5204 filed by him and moved its adoption: H-5204 1 Amend House File 2421 as follows: 2 1. Page 4, by striking lines 15 and 16 and 3 inserting the following: 4 "b. For field garage facilities in Anamosa and 5 southeast Des Moines: 6 $ 1,500,000" Roll call was requested by McCoy of Polk and Coon of Warren. On the question "Shall amendment H-5204 be adopted?" (H.F. 2421) The ayes were, 30: Baker Bell Bernau Brand Burnett Cataldo Connors Doderer Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Weigel Witt The nays were, 62: Arnold Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Cohoon Coon Cormack Daggett Dinkla Disney Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Veenstra Warnstadt Welter Wise Rants, Presiding Absent or not voting, 8: Boddicker Brammer Branstad Corbett, Spkr. Osterhaus Van Maanen Vande Hoef Weidman Amendment H-5204 lost. Warnstadt of Woodbury offered the following amendment H-5164 filed by Warnstadt et. al. and moved its adoption: H-5164 1 Amend House File 2421 as follows: 2 1. Page 4, by striking lines 15 and 16. 3 2. Page 9, line 16, by striking the word 4 "purpose" and inserting the following: "purposes". 5 3. Page 9, line 17, by inserting before the word 6 "For" the following: "1." 7 4. Page 9, line 22, by striking the word 8 "section" and inserting the following: "subsection". 9 5. Page 9, by inserting after line 23 the 10 following: 11 "2. For a field garage facility in Anamosa: 12 $ 750,000 13 Notwithstanding section 8.33, unencumbered or 14 unobligated funds remaining on June 30, 1999, from the 15 funds appropriated in this subsection, shall revert to 16 the rebuild Iowa infrastructure fund of the state on 17 August 31, 1999." 18 6. By renumbering and relettering as necessary. Roll call was requested by Warnstadt of Woodbury and Cohoon of Des Moines. On the question "Shall amendment H-5164 be adopted?" (H.F. 2421) The ayes were, 32: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Drees Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Warnstadt Weigel Wise Witt The nays were, 62: Arnold Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Coon Cormack Daggett Dinkla Disney Doderer Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin McCoy Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Veenstra Weidman Welter Rants, Presiding Absent or not voting, 6: Brammer Branstad Corbett, Spkr. Osterhaus Van Maanen Vande Hoef Amendment H-5164 lost. Koenigs of Mitchell offered the following amendment H-5180 filed by him and Moreland and moved its adoption: H-5180 1 Amend House File 2421 as follows: 2 1. Page 5, line 6, by striking the words "rebuild 3 Iowa" and inserting the following: "Iowa vertical". 4 2. Page 6, line 12, by striking the words 5 "rebuild Iowa" and inserting the following: "Iowa 6 vertical". 7 3. Page 6, line 15, by striking the words 8 "rebuild Iowa" and inserting the following: "Iowa 9 vertical". 10 4. Page 6, line 35, by striking the words 11 "rebuild Iowa" and inserting the following: "Iowa 12 vertical". 13 5. Page 7, line 9, by striking the words "rebuild 14 Iowa" and inserting the following: "Iowa vertical". 15 6. Page 7, line 34, by striking the words 16 "rebuild Iowa" and inserting the following: "Iowa 17 vertical". 18 7. Page 8, line 20, by striking the words 19 "rebuild Iowa" and inserting the following: "Iowa 20 vertical". 21 8. Page 8, line 30, by striking the words 22 "rebuild Iowa" and inserting the following: "Iowa 23 vertical". 24 9. Page 8, line 33, by striking the words 25 "rebuild Iowa" and inserting the following: "Iowa 26 vertical". 27 10. Page 9, line 12, by striking the words 28 "rebuild Iowa" and inserting the following: "Iowa 29 vertical". 30 11. Page 9, line 22, by striking the words 31 "rebuild Iowa" and inserting the following: "Iowa 32 vertical". 33 12. Page 9, line 25, by striking the words 34 "rebuild Iowa" and inserting the following: "Iowa 35 vertical". 36 13. Page 10, line 1, by striking the words 37 "rebuild Iowa" and inserting the following: "Iowa 38 vertical". 39 14. Page 10, line 4, by striking the words 40 "rebuild Iowa" and inserting the following: "Iowa 41 vertical". 42 15. Page 11, line 6, by striking the words 43 "rebuild Iowa" and inserting the following: "Iowa 44 vertical". 45 16. Page 11, line 20, by striking the words 46 "rebuild Iowa" and inserting the following: "Iowa 47 vertical". 48 17. Page 11, line 23, by striking the words 49 "rebuild Iowa" and inserting the following: "Iowa 50 vertical". Page 2 1 18. Page 11, by inserting after line 31, the 2 following: 3 "Sec. ___. Section 8.55, subsection 4, Code 4 Supplement 1995, is amended to read as follows: 5 4. Notwithstanding section 12C.7, subsection 2, 6 interest or earnings on moneys deposited in the Iowa 7 economic emergency fund shall be credited to the 8rebuildIowa vertical infrastructure fund. 9 Sec. ___. Section 8.56, subsection 1, Code 10 Supplement 1995, is amended to read as follows: 11 1. A cash reserve fund is created in the state 12 treasury. The cash reserve fund shall be separate 13 from the general fund of the state and shall not be 14 considered part of the general fund of the state 15 except in determining the cash position of the state 16 as provided in subsection 3. The moneys in the cash 17 reserve fund are not subject to section 8.33 and shall 18 not be transferred, used, obligated, appropriated, or 19 otherwise encumbered except as provided in this 20 section. Notwithstanding section 12C.7, subsection 2, 21 interest or earnings on moneys deposited in the cash 22 reserve fund shall be credited to therebuildIowa 23 vertical infrastructure fund created in section 8.57. 24 Moneys in the cash reserve fund may be used for cash 25 flow purposes provided that any moneys so allocated 26 are returned to the cash reserve fund by the end of 27 each fiscal year. However, the fund shall be 28 considered a special account for the purposes of 29 section 8.53. 30 Sec. ___. Section 8.57, subsection 5, paragraphs a 31 and c, Code Supplement 1995, are amended to read as 32 follows: 33 a.A rebuildAn Iowa vertical infrastructure fund 34 is created under the authority of the department of 35 management. The fund shall consist of appropriations 36 made to the fund and transfers of interest, earnings, 37 and moneys from other funds as provided by law. The 38 fund shall be separate from the general fund of the 39 state and the balance in the fund shall not be 40 considered part of the balance of the general fund of 41 the state. However, the fund shall be considered a 42 special account for the purposes of section 8.53, 43 relating to generally accepted accounting principles. 44 c. Moneys in the fund in a fiscal year shall be 45 used as directed by the general assembly for public 46 vertical infrastructure-related expenditures. 47 Sec. ___. Section 8.58, Code Supplement 1995, is 48 amended to read as follows: 49 8.58 EXEMPTION FROM AUTOMATIC APPLICATION. 50 To the extent that moneys appropriated under Page 3 1 section 8.57 do not result in moneys being credited to 2 the general fund under section 8.55, subsection 2, 3 moneys appropriated under section 8.57 and moneys 4 contained in the cash reserve fund,rebuildIowa 5 vertical infrastructure fund, and Iowa economic 6 emergency fund shall not be considered in the 7 application of any formula, index, or other statutory 8 triggering mechanism which would affect 9 appropriations, payments, or taxation rates, contrary 10 provisions of the Code notwithstanding. 11 To the extent that moneys appropriated under 12 section 8.57 do not result in moneys being credited to 13 the general fund under section 8.55, subsection 2, 14 moneys appropriated under section 8.57 and moneys 15 contained in the cash reserve fund,rebuildIowa 16 vertical infrastructure fund, and Iowa economic 17 emergency fund shall not be considered by an 18 arbitrator or in negotiations under chapter 20." 19 19. Page 16, line 20, by striking the words 20 "rebuild Iowa" and inserting the following: "Iowa 21 vertical". 22 20. Title page, line 5, by striking the words 23 "rebuild Iowa" and inserting the following: "Iowa 24 vertical". 25 21. By renumbering as necessary. A non-record roll call was requested. The ayes were 33, nays 53. Amendment H-5180 lost. Brauns of Muscatine offered the following amendment H-5147 filed by him and moved its adoption: H-5147 1 Amend House File 2421 as follows: 2 1. Page 6, line 33, by inserting after the figure 3 "1998." the following: "If the total cost of the 4 projects exceeds the appropriation in this section, 5 the board of regents shall use nonappropriated funds 6 to make up the shortfall in the appropriations to pay 7 for the total cost of the projects." 8 2. Page 7, by inserting after line 31, the 9 following: 10 "7. For building a memorial on the state capitol 11 grounds to honor Iowans who contributed to the World 12 War II effort: 13 $ 200,000". 14 3. Page 10, line 29, by inserting before the 15 word "It" the following: "3." 16 4. Page 10, line 31, by striking the word 17 "subsection" and inserting the following: "section". 18 5. Page 10, line 33, by striking the word 19 "subsection" and inserting the following: "section". 20 6. Page 11, by striking lines 2 through 4 and 21 inserting the following: "completion of the 22 connections as provided for in this section, as deemed 23 appropriate by the commission, upon the effective date 24 of this subsection." 25 7. Page 15, by inserting after line 23 the 26 following: 27 "Any state aid moneys remaining due to the failure 28 of a society to comply with the provisions of this 29 section shall be distributed equally among the 30 societies which have qualified for state aid under 31 this section." 32 8. Page 16, line 22, by inserting after the word 33 "Section" the following: "13, subsection 3, and 34 section". 35 9. Page 16, line 23, by striking the word "takes" 36 and inserting the following: "take". Amendment H-5147 was adopted. Grubbs of Scott offered amendment H-5210 filed by him as follows: H-5210 1 Amend House File 2421 as follows: 2 1. By striking page 5, line 6, through page 6, 3 line 33, and inserting the following: 4 "Sec. ___. 5 1. There is appropriated from the rebuild Iowa 6 infrastructure fund of the state to the state board of 7 regents for the fiscal period beginning July 1, 1996, 8 and ending June 30, 1999, the following amounts, or so 9 much thereof as is necessary, to be used for the 10 projects designated in subsection 2: 11 a. 1996-97 FY $ 51,000,000 12 b. 1997-98 FY $ 8,340,000 13 c. 1998-99 FY $ 6,800,000 14 The state board of regents shall determine the 15 amounts to be allocated to each project for each 16 fiscal year of the fiscal period beginning July 1, 17 1996, and ending June 30, 1999, based upon project 18 needs. However, the total appropriated funds for a 19 project for all fiscal years of that fiscal period 20 shall not exceed the amount listed in subsection 2 for 21 that project. 22 2. The state board of regents is authorized to 23 undertake, plan, construct, equip, and otherwise carry 24 out the following projects at the institutions of 25 higher learning under the jurisdiction of the board in 26 the following appropriated amounts: 27 a. For construction and renovation of the 28 biological sciences complex at the state university of 29 Iowa: 30 $ 14,900,000 31 b. For construction and renovation of the 32 engineering building at the state university of Iowa: 33 $ 14,140,000 34 c. For construction of the national advanced 35 driving simulator building at the state university of 36 Iowa: 37 $ 4,300,000 38 Funds provided for the construction of the facility 39 to house the national advanced driving simulator in 40 fiscal years beginning July 1, 1996, and July 1, 1997, 41 shall only be expended upon receiving notification 42 from the national highway traffic safety 43 administration that the United States congress has 44 authorized the construction of the national advanced 45 driving simulator, that federal funds have been 46 appropriated to begin construction, and that delivery 47 of the motion base, graphics system, and integrating 48 software will take place in substantial compliance 49 with the United States department of transportation's 50 acquisition schedule as set forth in the cooperative Page 2 1 agreement between the state university of Iowa and the 2 national highway traffic safety administration. 3 d. For construction and renovation of the 4 intensive livestock research facilities at Iowa state 5 university of science and technology: 6 $ 15,300,000 7 e. For Phase I construction of the engineering 8 teaching and research complex at Iowa state university 9 of science and technology: 10 $ 11,000,000 11 f. For construction of the school of music 12 classroom building/performing arts center at the 13 university of northern Iowa: 14 $ 6,500,000 15 3. Effective July 1, 1996, the state board of 16 regents is authorized to enter into contracts for the 17 full cost of carrying out the projects listed in 18 subsection 2, for which appropriations are made in 19 subsection 1, for the fiscal years beginning July 1, 20 1996, July 1, 1997, and July 1, 1998. If the total 21 cost of the projects exceeds the appropriation in this 22 section, the board of regents shall use 23 nonappropriated funds to make up the shortfall in the 24 appropriations to pay for the total cost of the 25 projects. 26 4. a. Notwithstanding section 8.33, funds 27 appropriated in subsection 1, paragraph "a", for the 28 fiscal year beginning July 1, 1996, which remain 29 unexpended as of June 30, 1997, shall be available for 30 expenditure through June 30, 2000. 31 b. Notwithstanding section 8.33, funds 32 appropriated in subsection 1, paragraph "b", for the 33 fiscal year beginning July 1, 1997, which remain 34 unexpended as of June 30, 1998, shall be available for 35 expenditure through June 30, 2000. 36 c. Notwithstanding section 8.33, funds 37 appropriated in subsection 1, paragraph "c", for the 38 fiscal year beginning July 1, 1998, which remain 39 unexpended as of June 30, 1999, shall be available for 40 expenditure through June 30, 2000. 41 d. Unencumbered or unobligated funds remaining on 42 June 30, 2000, from any funds appropriated in 43 subsection 1 shall revert on August 30, 2000." 44 2. By renumbering as necessary. Brand of Benton offered the following amendment H-5213, to amendment H-5210, filed by him from the floor and moved its adoption: H-5213 1 Amend the amendment, H-5210, to House File 2421 as 2 follows: 3 1. Page 2, by striking lines 20 through 25 and 4 inserting the following: "1996, July 1, 1997, and 5 July 1, 1998. The state shall not be obligated for 6 costs associated with contracts identified in this 7 section in excess of funds appropriated by the general 8 assembly." Amendment H-5213 was adopted. On motion by Grubbs of Scott, amendment H-5210, as amended, was adopted, placing out of order lines 2 through 7 of amendment H-5147, previously adopted. Wise of Lee offered amendment H-5200 filed by Wise et. al. as follows: H-5200 1 Amend House File 2421 as follows: 2 1. Page 7, line 18, by striking the figure 3 "2,800,000" and inserting the following: "2,066,500". 4 2. Page 7, line 20, by striking the figure 5 "5,400,000" and inserting the following: "4,666,500". 6 3. Page 7, by striking lines 25 through 29. 7 4. Page 9, line 16, by striking the word 8 "purpose" and inserting the following: "purposes". 9 5. Page 9, line 17, by inserting before the word 10 "For" the following: "1." 11 6. Page 9, line 22, by striking the word 12 "section" and inserting the following: "subsection". 13 7. Page 9, by inserting after line 23 the 14 following: 15 "2. For construction of an overpass on highway 218 16 located between Ainsworth and Riverside for the 17 purpose of facilitating access to schools located in 18 the Highland community school district: 19 $ 1,617,000 20 Notwithstanding section 8.33, unencumbered or 21 unobligated funds remaining on June 30, 1998, from the 22 funds appropriated in this subsection, shall revert to 23 the rebuild Iowa infrastructure fund of the state on 24 August 31, 1998." 25 8. By renumbering as necessary. Wise of Lee offered the following amendment H-5223, to amendment H-5200, filed by him from the floor and moved its adoption: H-5223 1 Amend the amendment, H_5200, to House File 2421, as 2 follows: 3 1. Page 1, line 3, by striking the figure 4 "2,066,500" and inserting the following: "2,666,500". 5 2. Page 1, line 5, by striking the figure 6 "4,666,500" and inserting the following: "5,266,500". Amendment H-5223 was adopted. Ollie of Clinton asked and received unanimous consent to withdraw amendment H-5222, to amendment H-5200, filed by him from the floor. Wise of Lee moved the adoption of amendment H-5200, as amended. Roll call was requested by Wise of Lee and Siegrist of Pottawattamie. On the question "Shall amendment H-5200, as amended, be adopted?" (H.F. 2421) The ayes were, 38: Baker Bell Bernau Brand Brauns Burnett Cohoon Connors Doderer Fallon Greiner Grubbs Hahn Harper Heaton Holveck Jochum Koenigs Kreiman Larkin Main Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Weigel Wise Witt The nays were, 57: Arnold Blodgett Boddicker Boggess Bradley Branstad Brunkhorst Carroll Cataldo Churchill Coon Cormack Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greig Gries Grundberg Halvorson Hammitt Barry Hanson Harrison Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Welter Rants, Presiding Absent or not voting, 5: Brammer Corbett, Spkr. Osterhaus Van Maanen Vande Hoef Amendment H-5200, as amended, lost. Siegrist of Pottawattamie asked and received unanimous consent that House File 2421 be deferred and that the bill retain its place on the calendar. On motion by Siegrist of Pottawattamie, the House was recessed at 12:17 p.m., until 1:15 p.m. AFTERNOON SESSION The House reconvened at 1:15 p.m., Rants of Woodbury in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-four members present, thirty-six absent. INTRODUCTION OF BILLS House File 2465, by committee on economic development, a bill for an act relating to providing a payment for investment in a sesquicentennial business development fund, providing penalties, and making an appropriation. Read first time and referred to committee on appropriations. House File 2466, by committee on local government, a bill for an act relating to housing development, including tax increment financing, making an appropriation for housing programs, and establishing effective dates. Read first time and referred to committee on ways and means. House File 2467, by Tyrrell, a bill for an act relating to the retention by retailers of a portion of sales, services, and use taxes collected. Read first time and referred to committee on ways and means. House File 2468, by Brammer, a bill for an act relating to a local option cigarette and tobacco tax. Read first time and referred to committee on ways and means. House File 2469, by committee on judiciary, a bill for an act relating to the offense of driving while a license is denied, revoked, cancelled, or suspended, and providing a penalty. Read first time and placed on the calendar. House File 2470, by committee on local government, a bill for an act 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 amending tax sale procedures, by providing for properly related matters, and by providing an applicability date and effective dates. Read first time and referred to committee on ways and means. House File 2471, by committee on judiciary, a bill for an act relating to compensation for certain miscarriages of justice. Read first time and placed on the calendar. House File 2472, by committee on appropriations, a bill for an act relating to and making appropriations to the justice system and providing effective dates. Read first time and placed on the appropriations calendar. 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 March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2126, a bill for an act providing for sex offender registry checks involving child day care, foster care, and adoptions. Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2147, a bill for an act increasing the membership of the Iowa telecommunications and technology commission. Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2178, a bill for an act relating to the inclusion of a performance evaluation component in contracts providing managed care services under the medical assistance program. Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2218, a bill for an act relating to the community health management system by extending the date for implementation of phase I of the system. Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2235, a bill for an act relating to the use of alternative licensing for nursing facilities and providing for a contingent effective date. .Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2334, a bill for an act relating to funding for a talented and gifted education center at the university of Iowa and naming of that center as an international center. .Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2336, a bill for an act providing for the selection and tenure of the executive director of the agricultural development authority. .Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2337, a bill for an act relating to receiverships regarding the administration of the assets of grain dealers. .Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2338, a bill for an act relating to Iowa-foaled horses by providing eligibility requirements for brood mares. Also: That the Senate has on March 6, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2353, a bill for an act relating to satellite terminals and establishing certain requirements for such terminals of a financial institution with a principal place of business in another state. CONSIDERATION OF BILLS Regular Calendar House File 2408, 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, 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. 2408) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer 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 Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 3: Corbett, Spkr. Osterhaus Van Maanen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 2408 be immediately messaged to the Senate. Appropriations Calendar The House resumed consideration of House File 2421, a bill for an act 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, and relating to the Iowa communications network, construction projects for the commission of veterans affairs, county fairs, recreational trails, and nonreversion of certain appropriations, and providing an effective date, previously deferred. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-5179 filed by him on March 5, 1996. Kreiman of Davis asked and received unanimous consent to withdraw amendments H-5198 and H-5182 filed by him on March 5, 1996. Kreiman of Davis offered the following amendment H-5154 filed by him and moved its adoption: H-5154 1 Amend House File 2421 as follows: 2 1. By striking page 10, line 9, through page 11, 3 line 4, and inserting the following: 4 "For the connection of a minimum of 110 Part III 5 authorized users as determined by the commission and 6 communicated to the general assembly: 7 $ 20,800,000 8 1. It is the intent of the general assembly that 9 the connection of the authorized user sites pursuant 10 to this section be awarded based upon the Part III 11 contracts executed in 1995. 12 2. It is the intent of the general assembly that 13 the appropriation provided for in this section and the 14 connections to be made with that appropriation 15 represent the second phase of contracts, the total 16 cost of which is anticipated to be approximately 17 $94,690,000. It is intended that the first four years 18 of the plan include the connection of a minimum of 474 19 Part III authorized users. It is anticipated that the 20 total cost of connections to be completed in the first 21 four years of the plan which are to be funded by the 22 general assembly through the rebuild Iowa 23 infrastructure account of the state created in section 24 8.57, subsection 5, is to be approximately $80,880,000 25 with additional lease costs to be incurred in years 26 five through eight of approximately $13,810,000. The 27 costs identified in this subsection include all 28 maintenance costs associated with state-owned 29 hardware, a three percent increase for inflation in 30 fiscal year 1997-1998, and a six percent increase for 31 inflation in fiscal year 1998-1999. 32 3. Notwithstanding the fact that funds 33 appropriated pursuant to this section will not be made 34 available prior to July 1, 1996, the Iowa 35 telecommunications and technology commission is 36 authorized to negotiate and enter into contracts for 37 ordering necessary equipment related to the completion 38 of the connections authorized in subsection 1 as 39 deemed appropriate by the commission upon the 40 effective date of this section." Amendment H-5154 lost. Murphy of Dubuque offered the following amendment H-5171 filed by him and Koenigs and moved its adoption: H-5171 1 Amend House File 2421 as follows: 2 1. By striking page 10, line 3, through page 11, 3 line 4. 4 2. Page 11, by inserting after line 31 the 5 following: 6 "Sec. 100. Section 8.57, subsection 5, Code 7 Supplement 1995, is amended by adding the following 8 new paragraph: 9 NEW PARAGRAPH. e. Moneys appropriated from the 10 fund created in this subsection shall be appropriated 11 only for vertical infrastructure projects. For 12 purposes of this subsection, "vertical infrastructure" 13 means the construction or renovation of buildings, all 14 appurtenant structures and utilities, and site 15 development and related maintenance projects which are 16 not otherwise eligible for funding under chapter 312 17 or from any other dedicated source of revenue." 18 3. Title page, lines 5 and 6, by striking the 19 words "and relating to the Iowa communications 20 network,". 21 4. By renumbering as necessary. Roll call was requested by Koenigs of Mitchell and Gipp of Winneshiek. On the question "Shall amendment H-5171 be adopted?" (H.F. 2421) The ayes were, 37: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Warnstadt Weigel Welter Wise Witt The nays were, 60: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Rants, Presiding Absent or not voting, 3: Corbett, Spkr. Osterhaus Van Maanen Amendment H-5171 lost. Brauns of Muscatine asked and received unanimous consent to defer action on amendment H-5211. McCoy of Polk offered the following amendment H-5205 filed by him and moved its adoption: H-5205 1 Amend House File 2421 as follows: 2 1. Page 11, by inserting after line 29 the 3 following: 4 "COMMUNITY COLLEGES 5 Sec. ___. There is appropriated from the rebuild 6 Iowa infrastructure fund of the state to each of the 7 following community colleges for the fiscal year 8 beginning July 1, 1996, and ending June 30, 1997, the 9 following amounts, or so much thereof as is necessary, 10 to be used for driver transportation institutes: 11 1. Des Moines Area Community College $575,000 12 2. Kirkwood Community College $575,000 13 3. Indian Hills Community College $575,000 14 4. Iowa Central Community College $575,000" 15 2. Title page, line 7, by inserting after the 16 word "fairs," the following: "community colleges,". 17 3. By renumbering as necessary. Roll call was requested by Siegrist of Pottawattamie and Millage of Scott. On the question "Shall amendment H-5205 be adopted?" (H.F. 2421) The ayes were, 31: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Cormack Doderer Fallon Harper Holveck Jochum Koenigs Kreiman Lamberti Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Schrader Taylor The nays were, 66: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Ollie Renken Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding Absent or not voting, 3: Corbett, Spkr. Osterhaus Van Maanen Amendment H-5205 lost. Koenigs of Mitchell offered the following amendment H-5172 filed by him and moved its adoption: H-5172 1 Amend House File 2421 as follows: 2 1. Page 11, by inserting after line 31 the 3 following: 4 "Sec. ___. Section 8.57, subsection 5, Code 5 Supplement 1995, is amended by adding the following 6 new paragraph: 7 NEW PARAGRAPH. f. Beginning July 1, 1996, and in 8 each fiscal year thereafter, sixteen million dollars 9 is appropriated from the fund under this subsection, 10 to the department of education to be used to provide 11 matching funds for school districts that have approved 12 a bond issue in the fiscal year in which the 13 appropriation is made. The match shall be twenty 14 percent of the amount of the bond issuance. If the 15 amount of school district claims in a particular 16 fiscal year exceed the amount of moneys appropriated 17 in this paragraph, the unpaid claims shall be paid 18 from moneys appropriated for the following fiscal 19 year. The department of education may reduce the 20 amount of the match in any given fiscal year, if the 21 claims from the preceding fiscal year exceeded sixteen 22 million dollars. If the department of education has 23 reduced the match in any given fiscal year and there 24 is money remaining at the end of that fiscal year, the 25 department shall readjust the match to twenty percent 26 for the following fiscal year. Notwithstanding 27 section 8.33, moneys appropriated to the department of 28 education in this paragraph shall not revert to the 29 rebuild Iowa infrastructure fund, but shall remain 30 available for expenditure for the following fiscal 31 year." 32 2. By renumbering as necessary and correcting 33 internal references as necessary. Roll call was requested by Koenigs of Mitchell and Siegrist of Pottawattamie. On the question "Shall amendment H-5172 be adopted?" (H.F. 2421) The ayes were, 35: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Warnstadt Weigel Wise Witt The nays were, 62: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Daggett Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 3: Corbett, Spkr. Osterhaus Van Maanen Amendment H-5172 lost. Murphy of Dubuque offered the following amendment H-5173 filed by him and Koenigs and moved its adoption: H-5173 1 Amend House File 2421 as follows: 2 1. Page 11, by inserting after line 31 the 3 following: 4 "Sec. 100. Section 8.57, subsection 5, Code 5 Supplement 1995, is amended by adding the following 6 new paragraph: 7 NEW PARAGRAPH. e. Moneys appropriated from the 8 fund created in this subsection shall be appropriated 9 only for vertical infrastructure projects and for 10 projects relating to the Iowa communications network. 11 For purposes of this subsection, "vertical 12 infrastructure" means the construction or renovation 13 of buildings, all appurtenant structures and 14 utilities, and site development and related 15 maintenance projects." 16 2. Page 16, by inserting after line 23 the 17 following: 18 "Sec. ___. EFFECTIVE DATE. Section 100 of this 19 Act takes effect July 1, 1997." 20 3. By renumbering as necessary. Roll call was requested by Murphy of Dubuque and Gipp of Winneshiek. On the question "Shall amendment H-5173 be adopted?" (H.F. 2421) The ayes were, 35: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Warnstadt Weigel Wise Witt The nays were, 60: Arnold Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Daggett Dinkla Disney Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 5: Boddicker Corbett, Spkr. Houser Osterhaus Van Maanen Amendment H-5173 lost. Brunkhorst of Bremer offered the following amendment H-5176 filed by him and moved its adoption: H-5176 1 Amend House File 2421 as follows: 2 1. Page 12, line 2, by striking the word "data" 3 and inserting the following: "data-only". A non-record roll call was requested. The ayes were 46, nays none. Amendment H-5176 was adopted. Warnstadt of Woodbury offered the following amendment H-5165 filed by Warnstadt et. al. and moved its adoption: H-5165 1 Amend House File 2421 as follows: 2 1. Page 16, by inserting after line 2 the 3 following: 4 "Sec. ___. Section 602.8108, subsection 2, Code 5 1995, is amended to read as follows: 6 2. Except as otherwise provided, the clerk of the 7 district court shall report and submit to the state 8 court administrator, not later than the fifteenth day 9 of each month, the fines and fees received during the 10 preceding calendar month. Except as provided in 11subsectionsubsections 4 and 5, the state court 12 administrator shall deposit the amounts received with 13 the treasurer of state for deposit in the general fund 14 of the state. The state court administrator shall 15 report to the legislative fiscal bureau within thirty 16 days of the beginning of each fiscal quarter the 17 amount received during the previous quarter in the 18 account established under this section. 19 Sec. ___. Section 602.8108, Code 1995, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION. 5. The state court administrator 22 shall allocate all of the fines and fees attributable 23 to commercial vehicle violation citations issued by 24 motor vehicle division personnel of the state 25 department of transportation to the treasurer of state 26 for deposit in the road use tax fund." 27 2. Title page, line 8, by inserting after the 28 word "trails," the following: "allocating commercial 29 vehicle violation fines to the road use tax fund,". 30 3. By renumbering as necessary. Roll call was requested by Cohoon of Des Moines and Gipp of Winneshiek. On the question "Shall amendment H-5165 be adopted?" (H.F. 2421) The ayes were, 36: Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Harper Holveck Jochum Klemme Koenigs Kreiman Larkin Main Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Warnstadt Weigel Wise Witt The nays were, 58: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Daggett Dinkla Disney Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 6: Baker Corbett, Spkr. Grubbs Nelson, B. Osterhaus Van Maanen Amendment H-5165 lost. Mundie of Webster offered the following amendment H-5177 filed by him and moved its adoption: H-5177 1 Amend House File 2421 as follows: 2 1. Page 16, by inserting after line 2 the 3 following: 4 "Sec. ___. Section 423.24, subsection 2, Code 5 Supplement 1995, is amended to read as follows: 6 2. Twenty percent of all revenue derived from the 7 use tax on motor vehicles, trailers, and motor vehicle 8 accessories and equipment as collected pursuant to 9 section 423.7 shall be deposited and creditedone-half10 to the road use tax fundand one-half to the primary11road fund to be used for the commercial and industrial12highway network, except to the extent that the 13 department directs that moneys are deposited in the 14 highway safety patrol fund created in section 80.41 to 15 fund the appropriations made from the highway safety 16 patrol fund in accordance with the provisions of 17 section 80.41. The department shall determine the 18 amount of moneys to be credited under this subsection 19 to the highway safety patrol fund and shall deposit 20 that amount into the highway safety patrol fund." Amendment H-5177 lost. Brauns of Muscatine offered the following amendment H-5211, previously deferred, filed by him and moved its adoption: H-5211 1 Amend House File 2421 as follows: 2 1. Page 11, line 24, by inserting after the words 3 "treasurer of state" the following: "for the fiscal 4 year beginning July 1, 1996, and ending June 30, 5 1997,". 6 2. Page 16, by inserting after line 21 the 7 following: 8 "Sec. ___. It is the intent of the general 9 assembly that for the fiscal year beginning July 1, 10 1997, the governor and the general assembly consider 11 appropriating additional state general fund moneys to 12 the state department of transportation to be used for 13 reimbursements to the department of personnel, the 14 auditor of state, and the attorney general's office 15 and for appropriations to the department of 16 inspections and appeals, the department of management, 17 and the department of revenue and finance, for 18 administrative costs and services that are currently 19 being funded from state use tax moneys, motor vehicle 20 fuel tax moneys, and from the road use tax fund." 21 3. By renumbering as necessary. Amendment H-5211 was adopted. Brauns of Muscatine 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. 2421) The ayes were, 84: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Cormack Daggett Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Klemme Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Mundie Myers Nelson, L. Nutt Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Weigel Welter Witt Rants, Presiding The nays were, 12: Bell Cohoon Drees Fallon Jochum Koenigs Moreland Murphy O'Brien Ollie Warnstadt Wise Absent or not voting, 4: Corbett, Spkr. Nelson, B. Osterhaus Van Maanen 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 2421 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 3:27 p.m., until 4:15 p.m. The House reconvened at 4:17 p.m., Rants of Woodbury in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-one members present, thirty-nine absent. CONSIDERATION OF BILLS Regular Calendar House File 2302, a bill for an act relating to the Iowa communications network by increasing the membership of the commission, providing authority to enter into lease-purchase agreements, restricting the use of the network, and requiring financial disclosure of Iowa telecommunications and technology commission members, was taken up for consideration. Brunkhorst of Bremer offered the following amendment H-5137 filed by him and Brand and moved its adoption: H-5137 1 Amend House File 2302 as follows: 2 1. Page 1, line 3, by striking the word "five" 3 and inserting the following: "six". 4 2. Page 1, line 4, by striking the word "four" 5 and inserting the following: "five". 6 3. Page 1, line 8, by striking the words "Two 7 members" and inserting the following: "One member". 8 4. Page 1, line 12, by striking the word "four" 9 and inserting the following: "five". 10 5. Page 1, line 18, by striking the word "four" 11 and inserting the following: "five". 12 6. Page 1, line 26, by striking the word "four" 13 and inserting the following: "five". 14 7. Page 1, line 28, by striking the words 15 "nonvoting, ex officiovoting" and inserting the 16 following: "nonvoting, ex officio". 17 8. By striking page 4, line 22, through page 5, 18 line 1, and inserting the following: 19 "Sec. ___. INITIAL APPOINTMENTS OF NEW COMMISSION 20 MEMBERS. The two new members of the Iowa 21 telecommunications and technology commission provided 22 for in this Act shall be appointed on or before July 23 1, 1996, to the following terms: 24 1. One member shall be appointed for a term of 25 five years. 26 2. One member shall be appointed for a term of 27 three years." 28 9. By renumbering as necessary. Amendment H-5137 was adopted. Brunkhorst of Bremer 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. 2302) The ayes were, 64: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Heaton Houser Hurley Huseman Jacobs Klemme Kreiman Kremer Lamberti Larson Lord Main Martin McCoy Mertz Metcalf Meyer Millage Mundie Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Rants, Presiding The nays were, 31: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Fallon Harper Harrison Holveck Jochum Koenigs Larkin Mascher May Moreland Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Warnstadt Weigel Wise Witt Absent or not voting, 5: Brammer Corbett, Spkr. Nelson, B. Osterhaus Van Maanen 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 2302 be immediately messaged to the Senate. EXPLANATION OF VOTE I was temporarily absent from the House chamber on the afternoon of March 5, 1996. Had I been present, I would have voted "aye" on House Files 2229 and 2397. MASCHER of Johnson PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Sixth grade class from Guthrie Center Elementary School, Guthrie Center, accompanied by Nancy Beck, Karen Benton and Randy Mohning. By Dinkla of Guthrie. Forty-five eighth grade students from Dallas Center Grimes Junior High, Grimes, accompanied by Bill Wineland. By Churchill and Metcalf of Polk. Thirty-eight junior students from Lenox High School, Lenox, accompanied by Allen Dukes and Karl Peterson. By Daggett of Union and Boggess of Taylor. COMMUNICATIONS RECEIVED The following communications were received and filed in the office of the Chief Clerk: DEPARTMENT OF PUBLIC HEALTH The Annual Report by the Council of Chemically Exposed Infants and Children, pursuant to Chapter 235C.3(7), Code of Iowa. A Report on the Vital Statistics of Iowa, pursuant to Chapter 144.5(5), Code of Iowa. A Report on the organized delivery systems, pursuant to Chapter 158, 1995 Acts of the Seventy-sixth General Assembly. CERTIFICATE OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificate of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1996\173 Guthrie Center Elementary Team, Guthrie Center - For winning the state competition in the Knowledge Master Open. 1996\174 Shirley DeHoogh, Council Bluffs - For being selected the Jennie Edmundson Memorial Hospital Auxiliary 1995 Volunteer of the Year. 1996\175 Cory Beckman, New Hampton Community High School - For placing 6th in the Class 2A championship in the 130 lb. weight class of the 1996 State Wrestling Tournament. 1996\176 Scott Duffy, New Hampton Community High School - For placing 3rd in the Class 2A championship in the 275 lb. weight class of the 1996 State Wrestling Tournament. 1996\177 Zac Weiglein, New Hampton Community High School - For placing 3rd in the Class 2A championship in the 112 lb. weight class of the 1996 State Wrestling Tournament. 1996\178 Jeff Freidhof, New Hampton Community High School - For winning the Class 2A championship in the 152 lb. weight class of the 1996 State Wrestling Tournament. 1996\179 Todd Schmauss, Crestwood High School - For placing 6th in the Class 2A championship in the 140 lb. weight class of the 1996 State Wrestling Tournament. 1996\180 Jesse Zobeck, Crestwood High School - For placing 4th in the Class 2A championship in the 119 lb. weight class of the 1996 State Wrestling Tournament. 1996\181 Ryan Friedrich, Riceville High School - For placing 6th in the Class 1A championship in the 112 lb. weight class of the 1996 State Wrestling Tournament. 1996\182 Che' Oulman, Riceville High School - For placing 6th in the Class 1A championship in the 103 lb. weight class of the 1996 State Wrestling Tournament. 1996\183 Tony Schuchhardt, New Hampton Community High School - For placing 3rd in the Class 2A championship in the 103 lb. weight class of the 1996 State Wrestling Tournament. 1996\184 Coach Larry Straw, New Hampton Community High School - For coaching the New Hampton Community High School Wrestling Team to 2nd place in the Class 2A 1996 State Wrestling Tournament. SUBCOMMITTEE ASSIGNMENTS House File 2295 Appropriations: Millage, Chair; Brand and Gipp. House File 2414 Appropriations: Millage, Chair; Gipp and Ollie. Senate File 2157 Education: Rants, Chair; Lord and Osterhaus. Senate File 2200 Education: Gries, Chair; Hanson and Nelson of Pottawattamie. Senate File 2204 Education: Hanson, Chair; Nelson of Marshall and Warnstadt. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 743 Appropriations: Ertl, Chair; Brand and Meyer. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 747 Appropriations Relating to mutual aid emergency services contracts between fire departments. H.S.B. 748 Ways and Means Relating to the taxation of bonds and notes issued by a school district and providing an applicability date provision. 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 JUDICIARY Senate File 284, a bill for an act relating to the crime of forgery, by prohibiting the knowing possession of forged writings, including documents prescribed for entry into, stay, or employment in the United States, and providing penalties. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H_5221 March 5, 1996. Senate File 2080, a bill for an act relating to nonsubstantive Code corrections, and providing effective and retroactive applicability dates. Fiscal Note is not required. Recommended Do Pass March 5, 1996. COMMITTEE ON LOCAL GOVERNMENT Senate File 2138, a bill for an act relating to county mental health and developmental disability funding. Fiscal Note is not required. Recommended Do Pass March 5, 1996. AMENDMENTS FILED H_5212 H.F. 2369 Doderer of Johnson Martin of Scott H_5215 H.F. 2182 Blodgett of Cerro Gordo H_5216 H.F. 2182 Blodgett of Cerro Gordo H_5217 H.F. 2435 Fallon of Polk Sukup of Franklin H_5218 H.F. 2435 Fallon of Polk Sukup of Franklin H_5219 H.F. 2444 Brand of Benton H_5220 H.F. 2298 Mascher of Johnson H_5221 S.F. 284 Committee on Judiciary H_5224 H.F. 2434 Fallon of Polk H_5225 H.F. 2462 Nelson of Marshall H_5226 H.F. 2449 Tyrrell of Iowa H_5227 H.F. 2447 Nelson of Pottawattamie Fallon of Polk H_5228 H.F. 2449 Kremer of Buchanan H_5229 H.F. 2449 Rants of Woodbury H_5230 H.F. 2449 Churchill of Polk H_5231 H.F. 2409 Nelson of Pottawattamie Renken of Grundy Siegrist of Pottawattamie H_5232 H.F. 2389 Boggess of Taylor H_5233 H.F. 2345 Nelson of Pottawattamie H_5234 H.F. 2409 Holveck of Polk H_5235 H.F. 2316 Weigel of Chickasaw Kreiman of Davis Grubbs of Scott On motion by Siegrist of Pottawattamie, the House adjourned at 5:02 p.m., until 8:45 a.m., Thursday, March 7, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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