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Sixty-fifth Calendar Day - Forty-third Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 12, 1996 The House met pursuant to adjournment at 8:45 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Jim Bartsch, Bethel Baptist Church, Newell. The Journal of Monday, March 11, 1996 was approved. 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 11, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2390, a bill for an act relating to establishing community-based corrections programs. Also: That the Senate has on March 11, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2403, a bill for an act establishing a community college funding formula, providing for properly related matters, and an effective date. Also: That the Senate has on March 11, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2405, a bill for an act relating to the duties of the clerk of court concerning court records. Also: That the Senate has on March 11, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2408, a bill for an act relating to disclosure requirements under the federal Community Reinvestment Act with respect to the eligibility of a financial institution to receive state public funds. Also: That the Senate has on March 11, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2410, a bill for an act relating to juvenile justice chapter provisions involving medically relevant tests for the presence of illegal drugs in a child or parent, parent visitations with a child who has been removed from the child's home, voiding related administrative rules, and providing an effective date. Also: That the Senate has on March 11, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2413, a bill for an act relating to judicial administration, including the definition of a judicial officer, the administrative authority of certain judges within a district, and the retirement age of an associate juvenile judge and associate probate judge. Also: That the Senate has on March 11, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2420, a bill for an act relating to juvenile justice, including dispositional alternatives for juveniles adjudicated delinquent, registering with the sex offender registry, and associate juvenile judge jurisdiction. Also: That the Senate has on March 11, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2443, a bill for an act appropriating funds to the department of economic development, the Iowa finance authority, certain board of regents institutions, the public employment relations board, and the department of employment services, and making related statutory changes. JOHN F. DWYER, Secretary CONSIDERATION OF BILLS Ways and Means Calendar House File 2166, a bill for an act relating to the taxation of foreign corporations and providing an effective and retroactive applicability date provision, was taken up for consideration. Holveck of Polk asked and received unanimous consent to defer action on amendment H-5062. LEAVE OF ABSENCE Leave of absence was granted as follows: Osterhaus of Jackson, on request of Schrader of Marion; Moreland of Wapello, until his arrival, on request of Cataldo of Polk. Rants of Woodbury offered the following amendment H-5166 filed by him and moved its adoption: H-5166 1 Amend House File 2166 as follows: 2 1. Page 1, by striking lines 9 and 10 and 3 inserting the following: "shareholders or holiday 4 parties or employee appreciation dinners." 5 2. Page 1, by striking line 15 and inserting the 6 following: "which is incorporated in or which is 7 transacting business within this state where the 8 holding or parent company has no physical presence in 9 the state as that presence relates to the ownership or 10 control of the subsidiary." 11 3. Page 1, by striking lines 18 and 19. Amendment H-5166 was adopted, placing amendment H-5062, previously deferred and filed by Holveck of Polk on February 8, 1996, out of order. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-5063 filed by him on February 8, 1996. Rants of Woodbury 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. 2166) The ayes were, 63: Baker Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Carroll Cataldo Churchill Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nelson, L. Nutt O'Brien Rants Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Welter Van Maanen, Presiding The nays were, 33: Arnold Bernau Brammer Brand Brunkhorst Burnett Cohoon Connors Coon Doderer Drees Halvorson Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Mundie Murphy Myers Ollie Renken Schrader Shoultz Taylor Weigel Wise Witt Absent or not voting, 4: Fallon Grundberg Moreland Osterhaus The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar House File 2429, a bill for an act relating to the representation of indigents and other court appointments in criminal and juvenile proceedings and providing effective and retroactive applicability dates, was taken up for consideration. Millage 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. 2429) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake 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 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 Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Fallon Moreland Osterhaus The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2190, a bill for an act relating to setting the compensation for publication of certain notices by the superintendent of printing, was taken up for consideration. Bradley of Clinton asked and received unanimous consent to withdraw amendment H-5120 filed by him and Vande Hoef of Osceola on February 26, 1996. Bradley of Clinton offered the following amendment H-5170 filed by him and Vande Hoef and moved its adoption: H-5170 1 Amend House File 2190 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 331.302, subsections 7, 8, and 5 10, Code 1995, are amended to read as follows: 6 7. A resolution becomes effective upon passage and 7 an ordinance or amendment becomes a law when a summary 8 of the ordinance or the complete text of the ordinance 9 is published, unless a subsequent effective date is 10 provided within the measure. As used in this 11 paragraph, "summary" shall mean a narrative 12 description of the terms and conditions of an 13 ordinance setting forth the main points of the 14 ordinance in a manner calculated to inform the public 15 in a clear and understandable manner the meaning of 16 the ordinance and which shall provide the public with 17 sufficient notice to conform to the desired conduct 18 required by the ordinance. The description shall 19 include the title of the ordinance, an accurate and 20 intelligible abstract or synopsis of the essential 21 elements or the ordinance, a statement that the 22 description is a summary, the location and the normal 23 business hours of the office where the ordinance may 24 be inspected, when the ordinance becomes effective, 25 and the full text of any provisions imposing fines, 26 penalties, forfeitures, fees, or taxes. Legal 27 descriptions of property set forth in ordinances shall 28 be described in full, provided that maps or charts may 29 be substituted for legal descriptions when they 30 contain sufficient detail to clearly define the area 31 with which the ordinance is concerned. The narrative 32 description shall be written in a clear and coherent 33 manner and shall, to the extent possible, avoid the 34 use of technical or legal terms not generally familiar 35 to the public. When necessary to use technical or 36 legal terms not generally familiar to the public, the 37 narrative description shall include definitions of 38 those terms. 39 8. The auditor shall promptly record each measure, 40 publish a summary of all ordinances or a complete text 41 of the ordinances and amendments as provided in 42 section 331.305, authenticate all measures except 43 motions with signature and certification as to time 44 and manner of publication, if any, and maintain for 45 public use copies of all effective ordinances and 46 codes. A copy of the complete text of an ordinance or 47 amendment shall also be available for distribution to 48 the public at the office of the county auditor. The 49 auditor's certification is presumptive evidence of the 50 facts stated therein. Page 2 1 10. The compensation paid to a newspaper for a 2 publication required by this section shall not exceed 3three-fourths ofthe fee provided in section 618.11. 4 The compensation paid to a newspaper for publication 5 of the complete text of an ordinance shall not exceed 6 three-fourths of the fee provided in section 618.11." 7 2. Page 1, by inserting before line 1 the 8 following: 9 "Sec. ___. Section 380.7, subsection 2, Code 1995, 10 is amended to read as follows: 11 2. Publish a summary of all ordinances or the 12 complete text of ordinances and amendments in the 13 manner provided in section 362.3. As used in this 14 paragraph, "summary" shall mean a narrative 15 description of the terms and conditions of an 16 ordinance setting forth the main points of the 17 ordinance in a manner calculated to inform the public 18 in a clear and understandable manner the meaning of 19 the ordinance and which shall provide the public with 20 sufficient notice to conform to the desired conduct 21 required by the ordinance. The description shall 22 include the title of the ordinance, an accurate and 23 intelligible abstract or synopsis of the essential 24 elements or the ordinance, a statement that the 25 description is a summary, the location and the normal 26 business hours of the office where the ordinance may 27 be inspected, when the ordinance becomes effective, 28 and the full text of any provisions imposing fines, 29 penalties, forfeitures, fees, or taxes. Legal 30 descriptions of property set forth in ordinances shall 31 be described in full, provided that maps or charts may 32 be substituted for legal descriptions when they 33 contain sufficient detail to clearly define the area 34 with which the ordinance is concerned. The narrative 35 description shall be written in a clear and coherent 36 manner and shall, to the extent possible, avoid the 37 use of technical or legal terms not generally familiar 38 to the public. When necessary to use technical or 39 legal terms not generally familiar to the public, the 40 narrative description shall include definitions of 41 those terms." 42 3. Page 1, by inserting before line 1 the 43 following: 44 "Sec. ___. Section 380.9, Code 1995, is amended to 45 read as follows: 46 380.9 FEE FOR PUBLICATION. 47 The compensation paid to a newspaper for any 48 publication required by this chapter may not exceed 49three-fourths ofthe fee provided in section 618.11. 50 The compensation paid to a newspaper for publication Page 3 1 of the complete text of an ordinance shall not exceed 2 three-fourths of the fee provided in section 618.11." 3 4. Page 1, line 10, by inserting after the word 4 "printing" the following: ", pursuant to chapter 5 17A,". 6 5. Title page, line 1, by striking the words 7 "setting the compensation for" and inserting the 8 following: "the". 9 6. Title page, line 2, by striking the word 10 "notices" and inserting the following: "notices, 11 ordinances, and amendments". 12 7. By renumbering as necessary. Amendment H-5170 was adopted. Bradley of Clinton 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. 2190) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake 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 Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 1: Myers Absent or not voting, 2: Fallon Osterhaus The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Cohoon of Des Moines, until his return, on request of Schrader of Marion. House File 2458, a bill for an act relating to the right to appointed counsel or a public defender, by relating to the eligibility for certain indigents, the recovery of defense costs, and by restricting the right to counsel for certain parents in child in need of assistance cases, was taken up for consideration. Millage of Scott offered the following amendment H-5269 filed by him and moved its adoption: H-5269 1 Amend House File 2458 as follows: 2 1. Page 1, line 24, by striking the word "a" and 3 inserting the following: "an incarcerated". Amendment H-5269 was adopted. Kreiman of Davis offered the following amendment H-5268 filed by him and moved its adoption: H-5268 1 Amend House File 2458 as follows: 2 1. Page 1, by striking lines 17 through 25. 3 2. Title page, by striking lines 3 through 5 and 4 inserting the following: "indigents and the recovery 5 of defense costs." 6 3. By renumbering as necessary. Amendment H-5268 lost. Millage 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. 2458) The ayes were, 64: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack 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 Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 33: Baker Bell Bernau Brammer Brand Burnett Cataldo Connors Doderer Fallon Harper Holveck Jochum Koenigs Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Warnstadt Weigel Wise Witt Absent or not voting, 3: Cohoon Kreiman Osterhaus The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Rule 76 invoked: Kreiman of Davis invoked Rule 76, conflict of interest, and refrained from voting. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2166, 2190, 2429 and 2458. LEAVE OF ABSENCE Leave of absence was granted as follows: McCoy of Polk, for the remainder of the day and March 13, 1996, on request of Schrader of Marion. House File 2324, a bill for an act relating to state employee disclosures of information and making penalties applicable, with report of committee recommending amendment and passage, was taken up for consideration. Houser of Pottawattamie offered the following amendment H-5133 filed by the committee on state government and moved its adoption: H-5133 1 Amend House File 2324 as follows: 2 1. Page 2, by inserting after line 28 the 3 following: 4 "Sec. ___. EFFECTIVE DATE. This Act, being deemed 5 of immediate importance, takes effect upon enactment." 6 2. Title page, line 2, by inserting after the 7 word "applicable" the following: "and providing an 8 effective date". 9 3. By renumbering as necessary. The committee amendment H-5133 was adopted. Houser of Pottawattamie 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. 2324) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg 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 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 Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 6: Boddicker Cohoon Doderer Hahn McCoy Osterhaus The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Senate File 2135, a bill for an act providing for the organization of cooperative corporations, providing for fees, and providing for penalties, was taken up for consideration. Meyer of Sac moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2135) The ayes were, 92: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Connors Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp 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 Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 1: Greig Absent or not voting, 7: Brauns Cohoon Coon McCoy Osterhaus Siegrist Veenstra The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2257 WITHDRAWN Meyer of Sac asked and received unanimous consent to withdraw House File 2257 from further consideration by the House. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 2324 and Senate File 2135. House File 2314, a bill for an act relating to requirements for reports submitted by certain service providers to the department of human services, with report of committee recommending passage, 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. 2314) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Connors Corbett, Spkr. 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 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 Vande Hoef Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Cohoon Coon McCoy Osterhaus Veenstra 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 2314 be immediately messaged to the Senate. ADOPTION OF HOUSE RESOLUTION 104 Churchill of Polk called up for consideration House Resolution 104, a resolution urging the United States government to reassess its policy relating to the dispute between the People's Republic of China (mainland communist China) and the Republic of China (ROC) on Taiwan and moved its adoption. The motion prevailed and the resolution was adopted. The House stood at ease at 10:39 a.m., until the fall of the gavel. The House resumed session at 11:00 a.m., Speaker pro tempore Van Maanen of Marion in the chair. COMMITTEE OF THE WHOLE Gipp of Winneshiek asked and received unanimous consent to suspend House Rules 63 and 65, relating to the committee of the whole. Gipp of Winneshiek asked andd received unanimous consent that the House resolve itself into a committee of the whole to discuss IPERS. Gipp of Winneshiek asked and received unanimous consent that the following proposed rules be adopted as the rules of the committee of the whole: 1. Greg Cusack, Betsy Sanders, Patrice Beckham and Linda Hanson will be present in the House well to give an overview of IPERS and to answer questions. 2. Representatives Mona Martin, Rick Larkin, Chuck Gipp and David Schrader will ask questions, in that order, and all questions will be directed through those members. Gipp of Winneshiek moved that the committee of the whole now rise at 12:12 p.m., which motion prevailed. SPONSOR WITHDRAWN (Amendment H-5282 to House File 2472) Mundie of Webster requested to be withdrawn as a sponsor of amendment H-5282 to House File 2472. On motion by Gipp of Winneshiek, the House was recessed at 12:13 p.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. SENATE MESSAGES CONSIDERED Senate File 2323, by committee on human resources, a bill for an act relating to pharmacy technician designation, registration and fees, delegation of duties, and disciplinary action. Read first time and referred to committee on human resources. Senate File 2380, by committee on judiciary, a bill for an act relating to child abuse and child sexual abuse reporting and increasing a penalty. Read first time and referred to committee on judiciary. Senate File 2390, by committee on judiciary, a bill for an act relating to establishing community-based corrections programs. Read first time and referred to committee on judiciary. Senate File 2391, by committee on education, a bill for an act providing that a school of postsecondary instruction shall not grant a degree to a student without the successful completion by the student of a program of study and establishing a penalty. Read first time and referred to committee on education. Senate File 2392, by committee on judiciary, a bill for an act providing for the inclusion of a substance abuse evaluation as a condition of pretrial release. Read first time and referred to committee on judiciary. Senate File 2394, by committee on judiciary, a bill for an act relating to investment guidelines for trustees and providing an applicability date. Read first time and referred to committee on commerce-regulation. Senate File 2402, by committee on judiciary, a bill for an act adopting the uniform statutory rule against perpetuities. Read first time and referred to committee on judiciary. Senate File 2403, by committee on education, a bill for an act establishing a community college funding formula, providing for properly related matters, and an effective date. Read first time and referred to committee on education. Senate File 2410, by committee on human resources, a bill for an act relating to juvenile justice chapter provisions involving medically relevant tests for the presence of illegal drugs in a child or parent, parent visitations with a child who has been removed from the child's home, voiding related administrative rules, and providing an effective date. Read first time and referred to committee on human resources. Senate File 2413, by committee on judiciary, a bill for an act relating to judicial administration, including the definition of a judicial officer, the administrative authority of certain judges within a district, and the retirement age of an associate juvenile judge and associate probate judge. Read first time and referred to committee on judiciary. Senate File 2420, by committee on judiciary, a bill for an act relating to juvenile justice, including dispositional alternatives for juveniles adjudicated delinquent, registering with the sex offender registry, and associate juvenile judge jurisdiction. Read first time and referred to committee on judiciary. Senate File 2443, by committee on appropriations, a bill for an act appropriating funds to the department of economic development, the Iowa finance authority, certain board of regents institutions, the public employment relations board, and the department of employment services, and making related statutory changes. Read first time and referred to committee on appropriations. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy members present, thirty absent. CONSIDERATION OF BILLS Appropriations Calendar House File 2472, a bill for an act relating to and making appropriations to the justice system and providing effective dates, was taken up for consideration. The House stood at ease at 1:18 p.m., until the fall of the gavel. The House resumed session at 2:42 p.m., Speaker pro tempore Van Maanen of Marion in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Disney of Polk, until his return, on request of Gipp of Winneshiek. Witt of Black Hawk offered the following amendment H-5300 filed by Witt et. al. and moved its adoption: H-5300 1 Amend House File 2472 as follows: 2 1. Page 1, by striking lines 10 and 11 and 3 inserting the following: 4 " $ 5,753,460 5 FTEs 79.50 6 It is the intent of the general assembly that the 7 office of attorney general shall establish within the 8 office an antiobscenity enforcement until within the 9 funds appropriated in this subsection." 10 2. Page 4, by striking lines 18 through 32. 11 3. By renumbering as necessary. Roll call was requested by Witt of Black Hawk and Murphy of Dubuque. On the question "Shall amendment H-5300 be adopted?" (H.F. 2472) The ayes were, 36: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Ertl Fallon 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, 60: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Drake Eddie Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 4: Disney Grundberg McCoy Osterhaus Amendment H-5300 lost. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-5297 filed by her and Burnett on March 11, 1996. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-5270 filed by him on March 11, 1996. Mascher of Johnson offered the following amendment H-5292 filed by her and moved its adoption: H-5292 1 Amend House File 2472 as follows: 2 1. Page 6, by striking lines 26 and 27 and 3 inserting the following: 4 " $ 16,535,631 5 FTEs 326.30" A non-record roll call was requested. The ayes were 28, nays 54. Amendment H-5292 lost. Murphy of Dubuque offered the following amendment H-5271 filed by him and moved its adoption: H-5271 1 Amend House File 2472 as follows: 2 1. Page 9, by inserting after line 10 the 3 following: 4 "It is the intent of the general assembly that as a 5 condition of receiving the appropriation in this 6 subsection, the department of corrections shall 7 require that each work shift in a correctional 8 facility directly involved with supervision of inmates 9 have a correctional officer of the same gender as the 10 majority of inmates in that correctional facility." A non-record roll call was requested. The ayes were 28, nays 53. Amendment H-5271 lost. Murphy of Dubuque offered the following amendment H-5272 filed by him and moved its adoption: H-5272 1 Amend House File 2472 as follows: 2 1. Page 9, by inserting after line 10 the 3 following: 4 "It is the intent of the general assembly that the 5 department of general services shall, notwithstanding 6 any provisions of law or rule to the contrary, permit 7 the department of corrections the opportunity to 8 acquire, at no cost, computers that would otherwise be 9 disposed of by the department of general services. 10 The department of corrections shall use computers 11 acquired under this paragraph to provide educational 12 training and programs for inmates." Amendment H-5272 was adopted. Fallon of Polk offered the following amendment H-5273 filed by him and requested division as follows: H-5273 1 Amend House File 2472 as follows: H-5273A 2 1. Page 9, by inserting after line 10 the 3 following: 4 "It is the intent of the general assembly that as a 5 condition of receiving the appropriation provided in 6 this subsection, the department of corrections shall 7 permit an inmate in any correctional facility under 8 the department's control to make toll-free local 9 telephone calls subject only to reasonable 10 restrictions adopted by the superintendent of each 11 correctional facility concerning the frequency and 12 time of making toll-free local telephone calls." H-5273B 13 2. Page 27, by inserting after line 26 the 14 following: 15 "Sec. ___. Section 356.36, unnumbered paragraph 1, 16 Code Supplement 1995, is amended to read as follows: 17 The Iowa department of corrections, in consultation 18 with the Iowa state sheriff's association, the Iowa 19 association of chiefs of police and peace officers, 20 the Iowa league of cities, and the Iowa board of 21 supervisors association, shall draw up minimum 22 standards for the regulation of jails, alternative 23 jails, facilities established pursuant to chapter 24 356A, and municipal holding facilities. The standards 25 shall allow an inmate to make toll-free local 26 telephone calls subject only to reasonable 27 restrictions on the frequency and time of making toll- 28 free local telephone calls. When completed by the 29 department, the standards shall be adopted as rules 30 pursuant to chapter 17A." 31 3. By renumbering as necessary. Fallon of Polk moved the adoption of amendment H-5273A. Roll call was requested by Fallon of Polk and Rants of Woodbury. On the question "Shall amendment H-5273A be adopted?" (H.F. 2472) The ayes were, 6: Bernau Doderer Fallon Harper Holveck Ollie The nays were, 89: Arnold Baker Bell Boddicker Boggess Bradley Brammer Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding Absent or not voting, 5: Blodgett Brunkhorst Grubbs McCoy Osterhaus Amendment H-5273A lost. Fallon of Polk asked and received unanimous consent to withdraw amendment H-5273B, filed by him on March 11, 1996. Kreiman of Davis offered the following amendment H-5274 filed by him and Murphy and moved its adoption: H-5274 1 Amend House File 2472 as follows: 2 1. Page 15, by striking line 35 and inserting the 3 following: 4 " $ 90,166,787". 5 2. Page 17, by inserting after line 31 the 6 following: 7 " . Of the moneys appropriated in this 8 subsection, the judicial department shall use $72,500 9 for an additional 2.00 FTEs for the expansion of the 10 court-appointed special advocate program." 11 3. By renumbering as necessary. Amendment H-5274 lost. Bell of Jasper offered the following amendment H-5293 filed by him and moved its adoption: H-5293 1 Amend House File 2472 as follows: 2 1. Page 15, by striking line 35 and inserting the 3 following: 4 " $ 5 91,238,766". 6 2. Page 17, by inserting after line 31 the 7 following: 8 " . Of the funds appropriated in this 9 subsection, the judicial department shall use not more 10 than $1,144,479 for an additional 7.00 district court 11 judges, an additional 7.00 court reporters, and an 12 additional 5.25 full-time equivalent court attendants. 13 Of the additional district court judges, court 14 reporters, and court attendants, 1.00 additional 15 district court judge, 1.00 court reporter, and .75 16 full-time equivalent court attendant shall be assigned 17 each to judicial election districts 2A, 2B, and 3B, 18 and 2.00 additional district court judges, 2.00 court 19 reporters, and 1.50 full-time equivalent court 20 attendants shall be assigned each to judicial election 21 districts 5A and 5C, notwithstanding the provisions of 22 section 602.6201, subsection 3." 23 3. Page 28, by inserting after line 4 the 24 following: 25 "Sec. ___. Section 602.6201, subsection 10, Code 26 Supplement 1995, is amended to read as follows: 27 10. Notwithstanding the formula for determining 28 the number of judgeships in this section, the number 29 of district judges shall not exceed one hundredeight30 fifteen during the period commencing July 1,199531 1996." 32 4. By renumbering as necessary. Roll call was requested by Bell of Jasper and Schrader of Marion. Rule 75 was invoked. On the question "Shall amendment H-5293 be adopted?" (H.F. 2472) The ayes were, 35: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon 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, 58: Arnold Boddicker Boggess Bradley Branstad Brauns Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney 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 Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 7: Blodgett Brunkhorst Drake Main McCoy Osterhaus Vande Hoef Amendment H-5293 lost. Holveck of Polk offered the following amendment H-5294 filed by him and moved its adoption: H-5294 1 Amend House File 2472 as follows: 2 1. Page 24, by striking line 31 and inserting the 3 following: 4 " $ 200,000" Roll call was requested by Holveck of Polk and Schrader of Marion. On the question "Shall amendment H-5294 be adopted?" (H.F. 2472) The ayes were, 33: Bell Bernau Brammer Brand Burnett Cohoon Connors Doderer Drees Ertl Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Weigel Wise Witt The nays were, 60: Arnold Baker Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Cataldo Churchill Coon Corbett, Spkr. Cormack Dinkla Disney Drake Eddie Garman Gipp Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 7: Daggett Greig Houser Hurley McCoy Osterhaus Warnstadt Amendment H-5294 lost. Myers of Johnson offered the following amendment H-5275 filed by him and moved its adoption: H-5275 1 Amend House File 2472 as follows: 2 1. Page 26, by striking lines 7 and 8 and 3 inserting the following: 4 " $ 34,396,129 5 FTEs 566.00 6 It is the intent of the general assembly that, of 7 the moneys appropriated in this subsection, the 8 department shall expend the amount necessary to 9 provide the state match for adding twelve state 10 troopers through the federal community-oriented 11 policing services program." Roll call was requested by Myers of Johnson and Bernau of Story. Rule 75 was invoked. On the question "Shall amendment H-5275 be adopted?" (H.F. 2472) The ayes were, 38: Arnold Baker Bell Bernau Brammer Brand Burnett Carroll Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Warnstadt Weidman Weigel Wise Witt The nays were, 57: Blodgett Boddicker Boggess Bradley Branstad Brauns Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp 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 Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Welter Van Maanen, Presiding Absent or not voting, 5: Brunkhorst Greig Houser McCoy Osterhaus Amendment H-5275 lost. Mascher of Johnson offered the following amendment H-5295 filed by her and moved its adoption: H-5295 1 Amend House File 2472 as follows: 2 1. Page 26, by inserting after line 24 the 3 following: 4 "Sec. ___. DEPARTMENT OF PUBLIC SAFETY _ HIGHWAY 5 PATROL. There is appropriated from the general fund 6 of the state to the department of public safety, 7 division of highway safety, uniformed force, and radio 8 communications, the following amounts, for the purpose 9 of replacing radio communications equipment for the 10 department, for the fiscal years indicated: 11 1. For the fiscal year beginning July 1, 1996, and 12 ending June 30, 1997, $2,607,025. 13 2. For the fiscal year beginning July 1, 1997, and 14 ending June 30, 1998, $2,607,025. 15 3. For the fiscal year beginning July 1, 1998, and 16 ending June 30, 1999, $2,607,025." 17 2. By renumbering as necessary. Roll call was requested by Mascher of Johnson and Schrader of Marion. On the question "Shall amendment H-5295 be adopted?" (H.F. 2472) The ayes were, 33: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Weidman Weigel Wise Witt The nays were, 56: Arnold Boddicker Boggess Bradley Branstad Brauns Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Drees Eddie Fallon Garman Gipp Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Hurley Huseman Jacobs Klemme Kremer Larson Lord Main Martin Meyer Millage Nelson, B. Rants Renken Salton Schulte Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Welter Van Maanen, Presiding Absent or not voting, 11: Blodgett Brunkhorst Ertl Greig Houser Lamberti McCoy Metcalf Nutt Osterhaus Siegrist Amendment H-5295 lost. Schrader of Marion asked and received unanimous consent to withdraw amendment H-5296 filed by him on March 11, 1996. Koenigs of Mitchell offered the following amendment H-5282 filed by Koenigs et. al. and moved its adoption: H-5282 1 Amend House File 2472 as follows: 2 1. By striking page 26, line 32, through page 27, 3 line 2. Roll call was requested by Siegrist of Pottawattamie and Keonigs of Mitchell. On the question "Shall amendment H-5282 be adopted?" (H.F. 2472) The ayes were, 33: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Heaton Holveck Jochum Koenigs Kreiman Larkin Mascher May Moreland Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Taylor Weigel Welter Wise The nays were, 61: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Hurley Huseman Jacobs Klemme Kremer Larson Main Martin Mertz Metcalf Meyer Millage Mundie Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Witt Van Maanen, Presiding Absent or not voting, 6: Houser Lamberti Lord McCoy Osterhaus Teig Amendment H-5282 lost. Speaker Corbett in the chair at 5:53 p.m. Fallon of Polk offered the following amendment H-5298 filed by him and moved its adoption: H-5298 1 Amend House File 2472 as follows: 2 1. By striking page 26, line 25, through page 27, 3 line 2. 4 2. Page 30, by inserting after line 10 the 5 following: 6 "Sec. ___. CRIMINAL SANCTIONS STUDY. The 7 legislative council is requested to create a study 8 committee concerning the effectiveness and costs of 9 the criminal justice system, with a focus on 10 appropriate sanctions to be imposed on individuals 11 convicted of a criminal offense, and shall make 12 findings and proposed legislative solutions. The 13 committee shall consider the long-term trends in 14 prison populations based on the current criminal code 15 and the costs associated with these trends. The 16 committee shall examine alternative criminal 17 sanctions, including increased use of community-based 18 corrections, in providing a cost-effective criminal 19 justice system. The committee shall also examine 20 methods for providing restitution for victims of 21 crimes." 22 3. Page 30, by striking lines 20 through 22. 23 4. By renumbering as necessary. Roll call was requested by Fallon of Polk and Rants of Woodbury. On the question "Shall amendment H-5298 be adopted?" (H.F. 2472) The ayes were, 1: Fallon The nays were, 94: Arnold Baker Bell Bernau Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Holveck Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Main Martin Mascher May 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 Absent or not voting, 5: Blodgett Houser Lord McCoy Osterhaus Amendment H-5298 lost. Van Fossen of Scott in the chair at 6:07 p.m. Larkin of Lee offered the following amendment H-5277 filed by him and moved its adoption: H-5277 1 Amend House File 2472 as follows: 2 1. Page 27, by inserting after line 10 the 3 following: 4 "Sec. ___. DEPARTMENT OF CORRECTIONS _ SUPER 5 MAXIMUM CORRECTIONAL FACILITY. The department of 6 corrections shall construct a super maximum security 7 correctional facility for men at the Fort Madison 8 correctional facility. The facility shall include 150 9 super maximum security beds and 100 maximum security 10 beds. Bonds shall be issued under the provisions of 11 sections 16.177 and 602.8108A to finance the 12 construction of the facility. The cost of planning, 13 developing, and constructing the facility, exclusive 14 of financing costs, shall not exceed $31,000,000." 15 2. Page 28, line 11, by inserting after the word 16 "dollars" the following: "and, beginning July 1, 17 1997, the first eleven million one hundred thousand 18 dollars,". 19 3. By renumbering as necessary. Amendment H-5277 lost. Shoultz of Black Hawk offered the following amendment H-5278 filed by him and moved its adoption: H-5278 1 Amend House File 2472 as follows: 2 1. Page 27, by inserting after line 10 the 3 following: 4 "Sec. ___. Section 80B.11, subsection 9, 5 unnumbered paragraph 1, Code 1995, is amended to read 6 as follows: 7 9. Minimum qualifications for instructors in law 8 enforcement and jailer training schools. The 9 qualifications shall provide that an instructor shall 10 not lose their status as a certified instructor based 11 upon their retirement from the active police force or 12 upon their leaving the Iowa law enforcement academy if 13 the instructor otherwise remains qualified and the 14 instructor remains a member of a police reserve unit." 15 2. By renumbering as necessary. Amendment H-5278 lost. Bell of Jasper offered amendment H-5264 filed by him as follows: H-5264 1 Amend House File 2472 as follows: 2 1. Page 28, by inserting after line 4 the 3 following: 4 "Sec. ___. Section 602.8108, subsection 3, Code 5 1995, is amended by adding the following new 6 paragraph: 7 NEW PARAGRAPH. c. Notwithstanding provisions of 8 this subsection to the contrary, all moneys collected 9 from the drug abuse resistance education surcharge 10 provided in section 911.2 shall be remitted to the 11 treasurer of state for deposit in the general fund of 12 the state and the amount deposited is appropriated to 13 the Iowa law enforcement academy for use by the drug 14 abuse resistance education program." 15 2. Page 29, by inserting after line 23 the 16 following: 17 "Sec. ___. Section 911.2, unnumbered paragraph 1, 18 Code 1995, is amended to read as follows: 19 When a court imposes a fine or forfeiture for a 20 violation of a state law, or of a city or county 21 ordinance except an ordinance regulating the parking 22 of motor vehicles, the court shall assess an 23 additional penalty in the form of a surcharge equal to 24 thirty percent of the fine or forfeiture imposed. An 25 additional drug abuse resistance education surcharge 26 of five dollars shall be assessed by the court if the 27 violation arose out of a violation of an offense 28 provided for in chapter 321J or chapter 124, division 29 IV. In the event of multiple offenses, the surcharge 30 shall be based upon the total amount of fines or 31 forfeitures imposed for all offenses. When a fine or 32 forfeiture is suspended in whole or in part, the 33 surcharge shall be reduced in proportion to the amount 34 suspended." 35 3. By renumbering as necessary. Garman of Story rose on a point of order that amendment H-5264 was not germane. The Speaker ruled the point well taken and amendment H-5264 not germane. Garman of Story offered amendment H-5284 filed by her as follows: H-5284 1 Amend House File 2472 as follows: 2 1. Page 28, line 5, by inserting after the figure 3 "602.8108A," the following: "subsection 1,". 4 2. Page 28, line 8, by striking the figure "1." 5 and inserting the following: "1." 6 3. Page 28, line 11, by inserting after the word 7 "dollars" the following: "and, beginning July 1, 8 1997, the first nine million two hundred thousand 9 dollars,". 10 4. Page 28, by striking lines 24 through 28 and 11 inserting the following: "finance authority under 12 section 16.177. Except as otherwise provided in 13 subsection 2, amounts in the funds shall not be 14 subject to appropriation for". 15 5. Page 29, by striking lines 3 through 8 and 16 inserting the following: "proceedings. Any amounts 17 remaining in the fund at the end of each fiscal year 18 shall be transferred to the general fund of the 19 state." Millage of Scott asked and received unanimous consent to withdraw amendment H-5312 filed by him from the floor. On motion by Garman of Story, amendment H-5284 was adopted. Connors of Polk asked and received unanimous consent to defer action on amendment H-5276. Larkin of Lee offered the following amendment H-5299 filed by him and moved its adoption: H-5299 1 Amend House File 2472 as follows: 2 1. Page 29, by inserting after line 8 the 3 following: 4 "Sec. ___. NEW SECTION. 904.310B EMPLOYEE 5 CANTEENS. 6 The director may establish a canteen at an 7 institution under the director's jurisdiction for the 8 sale of items to peace officers or employees of the 9 institution. Inmates may be employed at the canteen. 10 The department may establish a permanent operating 11 fund for each canteen which shall consist of receipts 12 from the sale of items from the canteen. Any moneys 13 in the fund over the amount needed to conduct normal 14 business transactions, to reimburse any accounts which 15 have subsidized the canteen, and to pay employees of 16 the canteen, including inmate-employees, shall be used 17 to pay for activities held on behalf of the employees 18 of the institution, for employee scholarships, or for 19 other activities or programs which directly benefit 20 the employees of the institution. An employee's 21 purchase of goods from an inmate employed in the 22 canteen shall not be considered a violation of section 23 721.12." 24 2. By renumbering as necessary. Amendment H-5299 lost. Garman of Story offered the following amendment H-5281 filed by her and moved its adoption: H-5281 1 Amend House File 2472 as follows: 2 1. Page 29, by inserting after line 23 the 3 following: 4 "Sec. ___. Section 912.14, Code 1995, is amended 5 to read as follows: 6 912.14 VICTIM COMPENSATION FUND. 7 A victim compensation fund is established as a 8 separate fund in the state treasury. Moneys deposited 9 in the fund shall be administered by the department 10 and dedicated to and used for the purposes of section 11 709.10 and this chapter. In addition, the department 12 may use moneys from the fund for the purposes of 13 section 236.15 and for the award of funds to programs 14 that provide services and support to victims of 15 domestic abuse or sexual assault as provided in 16 chapter 236. Notwithstanding section 8.33, any 17 balance in the fund on June 30 of any fiscal year 18 shall not revert to the general fund of the state." 19 2. By renumbering as necessary. Amendment H-5281 was adopted. Weigel of Chickasaw offered the following amendment H-5283 filed by him and moved its adoption: H-5283 1 Amend House File 2472 as follows: 2 1. Page 29, by inserting after line 23 the 3 following: 4 "Sec. ___. Section 912.6, Code Supplement 1995, is 5 amended by adding the following new subsection: 6 NEW SUBSECTION. 6A. In the event of a victim's 7 death, reasonable charges incurred for health care for 8 the victim's spouse, children, parents, siblings, or 9 persons related by blood or affinity to the victim not 10 to exceed three thousand dollars per survivor." 11 2. By renumbering as necessary. Amendment H-5283 was adopted. Speaker pro tempore Van Maanen of Marion in the chair at 6:40 p.m. Shoultz of Black Hawk asked and received unanimous consent to withdraw amendment H-5279 filed by him on March 11, 1996. Fallon of Polk asked and received unanimous consent to withdraw amendment H-5276, previously deferred, filed by him on March 11, 1996. Garman of Story 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. 2472) The ayes were, 91: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake 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 Main Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Van Maanen, Presiding The nays were, 4: Fallon Moreland Shoultz Witt Absent or not voting, 5: Brammer Brunkhorst Lord McCoy 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 2472 be immediately messaged to the Senate. HOUSE FILE 2157 REFERRED The Speaker announced that House File 2157, presently on the calendar, was referred to committee on appropriations. 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 12, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2442, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates. Also: That the Senate has on March 12, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2446, a bill for an act relating to agriculture and natural resources, by providing for appropriations, providing related statutory changes, and providing an effective date. JOHN F. DWYER, Secretary CONFERENCE COMMITTEE REPORT FILED MR. SPEAKER: The Chief Clerk of the House respectfully reports that the conference committee report on the following bill has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House House File 2114, a bill for an act relating to and making supplemental appropriations for the fiscal year beginning July 1, 1995, and providing an effective date. ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE: DAVID A. MILLAGE, Chair EMIL J. HUSAK, Chair STEVEN W. CHURCHILL BRAD BANKS HUBERT HOUSER JOHNIE HAMMOND PATRICK J. MURPHY JIM LIND MICHAEL J. O'BRIEN EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Monday, March 11, 1996. Had I been present, I would have voted "aye" on House Files 61, 2050, 2150, 2258, 2355, 2365, 2383, and Senate File 376. CARROLL of Poweshiek I was necessarily absent from the House chamber on the morning of Tuesday, March 12, 1996. Had I been present, I would have voted "aye" on House Files 2166 and 2429. MORELAND of Wapello I was necessarily absent from the House chamber on March 12, 1996. Had I been present, I would have voted "aye" on House File 2314 and Senate File 2135. VEENSTRA of Sioux PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Five Home School students from Poweshiek Area Christian Home Educators, Poweshiek County, accompanied by Beth Reyes and Karen Albers. By Carroll of Poweshiek. Forty-two sixth grade students from Lenox Elementary School, Lenox, accompanied by Mrs. Janet Reed and Mr. David Koets. By Daggett of Union and Boggess of Taylor. Thirty-four fifth grade students from Pleasant Hill Elementary, Pleasant Hill, accompanied by Sue Stanley. By Disney of Polk. COMMUNICATIONS RECEIVED The following communications were received and filed in the office of the Chief Clerk: DEPARTMENT OF COMMERCE The Annual Report of the Alcoholic Beverages Division, pursuant to Chapter 123, Code of Iowa. DEPARTMENT OF HUMAN SERVICES The Annual Report of savings of the Iowa Communications Network, pursuant to Chapter 8D.10, Code of Iowa. DEPARTMENT OF TRANSPORTATION The "1995 Iowa Airport Sufficiency Ratings," pursuant to Chapter 328.12, Code of Iowa. A summary of purchasing activity for soy based inks and recycled content trash bags, pursuant to Chapter 307.21, Code of Iowa. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1996\203 Rebekah Soverns, Shenandoah - For being selected to participate in the Iowa Sesquicentennial Traveling Art Exhibit. 1996\204 City of Clarinda - For becoming a Sister City with Tamana, Japan. 1996\205 City of Tamana, Japan - For becoming a Sister City with Clarinda, Iowa. 1996\206 Lucille Dempster, Council Bluffs - For celebrating her Eightieth birthday. 1996\207 Arlene and Ralph Morse, Council Bluffs - For celebrating their Fiftieth wedding anniversary. 1996\208 V.L. "Vic" McCarthy, Council Bluffs - For celebrating his Eightieth birthday. 1996\209 Pearl Givens, Council Bluffs - For celebrating her Ninetieth birthday. 1996\210 Rose Hemiller, Council Bluffs - For celebrating her Eightieth birthday. 1996\211 Geneva and Roy Mooney, Camanche - For celebrating their Fiftieth wedding anniversary. 1996\212 Wendy Carlson, Essex - For being selected to participate in the Iowa Sesquicentennial Traveling Art Exhibit. 1996\213 Ryan Paulovec, South Winneshiek/ Turkey Valley Wrestling Team - For placing 6th in the Class 2A championship in the 135 lb. weight class of the 1996 State Wrestling Tournament. 1996\214 David Salvay, Cedar Rapids - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\215 Gladys and Robert Biermann, Clinton - For celebrating their Fiftieth wedding anniversary. 1996\216 Oryl Weber, Missouri Valley - For celebrating her Ninetieth birthday. 1996\217 Luke Gutzwiller, Thomas Jefferson High School, Council Bluffs - For winning 1st place in the honors division for large schools and 2nd place overall in the state Academic Decathlon. 1996\218 Angela Degner, Muscatine - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\219 Sibley-Ocheyedan Girls Basketball Team and Coaches Edkhoff and Bellows of Sibley and Ocheyedan - For winning the championship of the 1996 Girls State Basketball Tournament. 1996\220 Aaron Allspach, Baxter Community School - For winning 3rd place in the Water and Boating Safety Committee's 16th annual water safety poster contest. 1996\221 Justin Stanley, Wilton High School - For placing 2nd in the Class 2A championship in the 103 lb. weight class of the 1996 State Wrestling Tournament. 1996\222 Nick Marin, West Liberty High School - For winning the Class 2A championship in the 112 lb. weight class of the 1996 State Wrestling Tournament. 1996\223 Chad Morrison, West Liberty High School - For winning the Class 2A championship in the 189 lb. weight class of the 1996 State Wrestling Tournament. 1996\224 Michelle Willert, Nashua - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\225 Ben Scorpie, West Liberty High School - For being a runner-up in the Class 2A championship in the 130 lb. weight class of the 1996 State Wrestling Tournament. 1996\226 Jason Payne, Columbus Junction High School - For winning the Class 1A championship in the 189 lb. weight class of the 1996 State Wrestling Tournament. 1996\227 Estee Walter, Prescott - For receiving a Chicago Mercantile Exchange scholarship from the National Cattlemen's Foundation. 1996\228 Courtney Koberg, Davenport - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\229 Scott Enyart, Monroe - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\230 Denise DeZwarte, Newton - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\231 Amy Sullivan, Elma - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\232 Stacy Demro, Ionia - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\233 Allen Poppe, Ionia - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\234 Crystal Larson, Lime Spring - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\235 Tammy Hansen, Nashua - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. 1996\236 Jennifer Katcher, Nashua - For receiving a $500 scholarship for submitting a winning essay in the Iowa's Best Community Scholarship Program. SUBCOMMITTEE ASSIGNMENTS House File 2473 Ways and Means: Lamberti, Chair; Doderer and Nutt. Senate File 2101 Commerce-Regulation: Sukup, Chair; Holveck and Van Fossen. Senate File 2121 Reassigned State Government: Disney, Chair; Cataldo and Renken. Senate File 2122 Reassigned State Government: Bradley, Chair; Connors and Gipp. Senate File 2127 Reassigned State Government: Bradley, Chair; Connors and Gipp. Senate File 2162 Commerce-Regulation: Metcalf, Chair; Cataldo, Cormack, Doderer and Sukup. Senate File 2182 Labor and Industrial Relations: Hanson, Chair; Connors and Halvorson. Senate File 2230 Commerce-Regulation: Lamberti, Chair; Dinkla and Weigel. Senate File 2305 Commerce-Regulation: Jacobs, Chair; Lamberti and Wise. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON STATE GOVERNMENT Senate File 259, a bill for an act relating to the practice of mortuary science, cremation, and licensing of funeral establishments and providing penalties. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H_5302 March 11, 1996. RESOLUTION FILED HCR 117, by Warnstadt, Klemme, Rants, and Nutt, a concurrent resolution supporting the 185th Fighter Wing of the Air National Guard of Iowa in its peacekeeping patrols in the United Nations "No-Fly Zone" over Iraq. Laid over under Rule 25. AMENDMENTS FILED H_5302 S.F. 259 Committee on State Government H_5303 H.F. 308 Metcalf of Polk H_5304 H.F. 2235 Weigel of Chickasaw H_5305 H.F. 2235 Weigel of Chickasaw H_5306 H.F. 2235 Weigel of Chickasaw H_5307 H.F. 2235 Weigel of Chickasaw H_5308 H.F. 2466 Grundberg of Polk H_5309 H.F. 2235 Kremer of Buchanan H_5310 H.F. 2471 Dinkla of Guthrie Bernau of Story H_5311 H.F. 2285 Murphy of Dubuque H_5313 H.F. 2298 Larson of Linn H_5314 H.F. 2298 Larson of Linn H_5315 H.F. 2298 Larson of Linn H_5316 H.F. 2298 Larson of Linn H_5317 H.F. 2298 Larson of Linn H_5318 H.F. 2298 Larson of Linn H_5319 H.F. 2298 Larson of Linn H_5320 H.F. 2298 Larson of Linn H_5321 H.F. 2298 Larson of Linn H_5322 H.F. 2298 Larson of Linn H_5323 H.F. 2298 Larson of Linn H_5324 H.F. 2298 Larson of Linn H_5325 H.F. 2367 Nutt of Woodbury H_5326 H.F. 2412 Murphy of Dubuque H_5327 H.F. 2449 Jochum of Dubuque Wise of Lee Bell of Jasper Larkin of Lee Drees of Carroll Koenigs of Mitchell Mundie of Webster Burnett of Story O'Brien of Boone Ollie of Clinton Harper of Black Hawk Murphy of Dubuque Taylor of Linn Connors of Polk Holveck of Polk Mascher of Johnson Kreiman of Davis Fallon of Polk H_5328 H.F. 2456 Harrison of Scott H_5329 H.F. 2477 Bernau of Story Burnett of Story Brand of Benton H_5330 H.F. 2477 Mertz of Kossuth H_5331 H.F. 2315 Brunkhorst of Bremer H_5332 H.F. 2447 Shoultz of Black Hawk Mascher of Johnson Burnett of Story Holveck of Polk Doderer of Johnson H_5333 H.F. 2447 Shoultz of Black Hawk Burnett of Story Doderer of Johnson Holveck of Polk Mascher of Johnson H_5334 H.F. 2447 Shoultz of Black Hawk Mascher of Johnson Burnett of Story Holveck of Polk Doderer of Johnson H_5335 H.F. 2447 Mascher of Johnson Shoultz of Black Hawk Burnett of Story Holveck of Polk H_5336 H.F. 2477 Mascher of Johnson Doderer of Johnson Myers of Johnson Taylor of Linn Ollie of Clinton Bernau of Story Burnett of Story H_5337 H.F. 2477 Warnstadt of Woodbury H_5338 H.F. 2477 Warnstadt of Woodbury H_5339 H.F. 2477 Ollie of Clinton Shoultz of Black Hawk Nelson of Pottawattamie Bell of Jasper Cohoon of Des Moines Larkin of Lee Schrader of Marion Witt of Black Hawk Harper of Black Hawk Mascher of Johnson Burnett of Story Kreiman of Davis Myers of Johnson Brammer of Linn Doderer of Johnson Jochum of Dubuque Murphy of Dubuque Cataldo of Polk H_5340 H.F. 2449 Fallon of Polk H_5341 H.F. 2477 Taylor of Linn Ollie of Clinton Shoultz of Black Hawk Mascher of Johnson Kreiman of Davis Nelson of Pottawattamie Harper of Black Hawk Burnett of Story Doderer of Johnson Bell of Jasper Cohoon of Des Moines May of Worth Koenigs of Mitchell Larkin of Lee Drees of Carroll Schrader of Marion Cataldo of Polk Brand of Benton Bernau of Story H_5342 H.F. 2447 Weigel of Chickasaw Holveck of Polk Mascher of Johnson Burnett of Story Shoultz of Black Hawk H_5343 H.F. 2477 Shoultz of Black Hawk Murphy of Dubuque Koenigs of Mitchell Holveck of Polk Taylor of Linn Ollie of Clinton Weigel of Chickasaw Fallon of Polk Warnstadt of Woodbury May of Worth Nelson of Pottawattamie Brand of Benton Bernau of Story Kreiman of Davis H_5344 H.F. 2477 Murphy of Dubuque Ollie of Clinton H_5345 H.F. 2447 Metcalf of Polk Thomson of Linn Nutt of Woodbury Taylor of Linn H_5346 H.F. 2477 Koenigs of Mitchell Murphy of Dubuque Shoultz of Black Hawk Brand of Benton Doderer of Johnson Kreiman of Davis Weigel of Chickasaw Holveck of Polk Taylor of Linn Ollie of Clinton H_5347 H.F. 2477 Brand of Benton Murphy of Dubuque Burnett of Story Shoultz of Black Hawk Doderer of Johnson Mascher of Johnson Witt of Black Hawk Myers of Johnson Harper of Black Hawk H_5348 H.F. 2477 Nelson of Pottawattamie Drees of Carroll Warnstadt of Woodbury H_5349 H.F. 2477 Nelson of Pottawattamie H_5350 H.F. 2477 Nelson of Pottawattamie H_5351 H.F. 2477 Witt of Black Hawk Brand of Benton Doderer of Johnson Mascher of Johnson Burnett of Story Myers of Johnson Shoultz of Black Hawk Bernau of Story Harper of Black Hawk H_5352 H.F. 2477 Cataldo of Polk Bernau of Story Nelson of Pottawattamie Bell of Jasper Cohoon of Des Moines May of Worth Koenigs of Mitchell Connors of Polk Larkin of Lee Ollie of Clinton Harper of Black Hawk Holveck of Polk Mascher of Johnson Mertz of Kossuth Burnett of Story Myers of Johnson Wise of Lee Baker of Polk Kreiman of Davis Jochum of Dubuque Moreland of Wapello Murphy of Dubuque Schrader of Marion H_5353 H.F. 2477 Murphy of Dubuque H_5354 H.F. 2477 Shoultz of Black Hawk Gries of Crawford Kremer of Buchanan Koenigs of Mitchell Murphy of Dubuque Taylor of Linn Witt of Black Hawk Greig of Emmet Harper of Black Hawk Tyrrell of Iowa Kreiman of Davis Wise of Lee H_5355 H.F. 2477 Kreiman of Davis Mertz of Kossuth Warnstadt of Sioux Burnett of Story Ollie of Clinton Mascher of Johnson Harper of Black Hawk Witt of Black Hawk Taylor of Linn Murphy of Dubuque Mundie of Webster Shoultz of Black Hawk Nelson of Pottawattamie Wise of Lee Bell of Jasper Cohoon of Lee May of Worth Koenigs of Mitchell Larkin of Lee Drees of Carroll Bernau of Story Brand of Benton H_5356 H.F. 2477 Jochum of Dubuque Kreiman of Davis Koenigs of Mitchell O'Brien of Boone H_5357 H.F. 2447 Holveck of Polk Doderer of Johnson Shoultz of Black Hawk Mascher of Johnson Burnett of Story H_5358 H.F. 2448 Fallon of Polk H_5359 H.F. 2477 Weigel of Chickasaw Koenigs of Mitchell Drees of Carroll Mertz of Kossuth Mundie of Webster May of Worth H_5360 H.F. 2477 Meyer of Sac Huseman of Cherokee Kremer of Buchanan Salton of Clay Branstad of Winnebago H_5361 H.F. 2477 Wise of Lee H_5362 H.F. 2477 Myers of Johnson Nelson of Pottawattamie Cataldo of Polk Larkin of Lee O'Brien of Boone Schrader of Marion Cohoon of Des Moines Nutt of Woodbury Koenigs of Mitchell Bernau of Story Doderer of Johnson Lamberti of Polk Warnstadt of Woodbury Branstad of Winnebago Mundie of Webster Mertz of Kossuth May of Worth Gries of Crawford Baker of Polk Jochum of Dubuque Witt of Black Hawk Bell of Jasper Mascher of Johnson Moreland of Wapello Murphy of Dubuque Kreiman of Davis Weigel of Chickasaw Harper of Black Hawk Connors of Polk Shoultz of Black Hawk Taylor of Linn Ollie of Clinton Drees of Carroll H_5363 H.F. 2477 Burnett of Story Bernau of Story H_5364 H.F. 2477 Millage of Scott H_5365 H.F. 2447 Fallon of Polk H_5366 H.F. 2477 Van Fossen of Scott Martin of Scott Millage of Scott Grubbs of Scott Harrison of Scott Bradley of Clinton H_5367 S.F. 2140 Rants of Woodbury H_5368 H.F. 2477 Drake of Pottawattamie H_5369 S.F. 2140 Rants of Woodbury H_5370 H.F. 2477 Shoultz of Black Hawk H_5371 S.F. 2140 Heaton of Henry Brauns of Muscatine Main of Jefferson H_5372 S.F. 2140 Rants of Woodbury H_5373 H.F. 2477 Shoultz of Black Hawk H_5374 H.F. 2477 Hammitt Barry of Harrison H_5375 H.F. 2477 Baker of Polk On motion by Siegrist of Pottawattamie, the House adjourned at 6:47 p.m., until 8:45 a.m., Wednesday, March 13, 1996. Correction to Journal of March 11, 1996 Page 613, Brand of Benton should have been recorded as voting "aye."
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