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Seventy-second Calendar Day - Forty-eighth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 19, 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 Dr. Myron L. Albertson, St. Timothy
Lutheran Church, Hudson.
The Journal of Monday, March 18, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Drees of Carroll and Mundie of Webster, until their arrival;
Connors of Polk, all on request of Schrader of Marion; Teig of
Hamilton on request of Arnold of Lucas.
CONSIDERATION OF BILLS
Regular Calendar
House File 2426, a bill for an act relating to certain
certification requirements of a city or county urban renewal
area, was taken up for consideration.
Huseman of Cherokee 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. 2426)
The ayes were, 93:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries 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 Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Salton
Schrader Schulte Shoultz Siegrist
Sukup Taylor Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 7:
Brammer Brand Connors Grubbs
McCoy Mundie Teig
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2331, a bill for an act expanding the factors that a
court and the state department of transportation may consider in
ordering the issuance of a temporary restricted license, and
providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Lamberti 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. 2331)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries 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 Murphy Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Salton
Schrader Schulte Shoultz Siegrist
Sukup Taylor 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:
Brammer Connors Grubbs Mundie
Myers Teig
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2445, a bill for an act providing for notification of
certain members of the committees of the general assembly having
jurisdiction over the environment, before the environmental
protection commission or natural resource commission adopts a
rule, and establishing an effective date, was taken up for
consideration.
Gipp of Winneshiek asked and received unanimous consent that
House File 2445 be deferred and that the bill be placed on the
unfinished business calendar.
House File 2436, a bill for an act providing that a court order
the revocation or suspension of a driver's license at the time
of conviction for certain drug-related offenses, and providing
an effective date, was taken up for consideration.
Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-5439, filed by him on March 18, 1996.
Thomson of Linn offered amendment H-5262 filed by her as follows:
H-5262
1 Amend House File 2436 as follows:
2 1. Page 5, line 6, by striking the word
3 "subsection" and inserting the following:
4 "subsections".
5 2. Page 5, line 11, by inserting after the word
6 "days," the following: "or to delay the issuance of a
7 motor vehicle license for one hundred eighty days
8 after the person is first eligible if the defendant
9 has not been issued a motor vehicle license,".
10 3. Page 5, by inserting after line 19 the
11 following:
12 "If the person's operating privileges are suspended
13 or revoked at the time of sentencing, the order shall
14 provide that the one hundred eighty-day revocation
15 period shall not begin until all other suspensions or
16 revocations have terminated. Any order under this
17 section shall also provide that the department shall
18 not issue a temporary restricted license to the
19 defendant during the revocation period, without
20 further order by the court.
21 NEW SUBSECTION. 11. In addition to any sentence
22 or other penalty imposed against the defendant for an
23 offense under chapter 124, the court shall consider
24 the provisions of 21 U.S.C. "/g" 862, regarding the
25 denial of federal benefits to drug traffickers and
26 possessors, and may enter an order specifying the
27 range and scope of federal benefits to be denied to
28 the defendant, according to the provisions of 21
29 U.S.C. "/g" 862. For the purposes of this subsection,
30 "federal benefit" means the issuance of any grant,
31 contract, loan, professional license, or commercial
32 license provided by an agency of the United States or
33 through the appropriation of funds of the United
34 States, but does not include any retirement, welfare,
35 social security, health, disability, veterans benefit,
36 public housing, or other similar benefit for which
37 payments or services are required for eligibility.
38 The court shall send a copy of any order issued under
39 this subsection to the denial of federal benefits
40 project, along with any other forms and information
41 required by the project."
Ollie of Clinton rose on a point of order that amendment H-5262
was not germane.
The Speaker ruled the point well taken and amendment H-5262 not
germane.
Thomson of Linn asked for unanimous consent to suspend the rules
to consider amendment H-5262.
Objection was raised.
Thomson of Linn moved to suspend the rules to consider amendment
H-5262.
Roll call was requested by Rants of Woodbury and Larson of Linn.
On the question "Shall the rules be suspended to consider
amendment H-5262?" (H.F. 2436)
The ayes were, 57:
Arnold Bell Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Cormack
Daggett Dinkla Disney Drake
Ertl Garman Gipp Greig
Greiner Gries 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
Sukup Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen,
Presiding
The nays were, 36:
Baker Bernau Brammer Brand
Burnett Cataldo Cohoon Doderer
Drees Fallon Harper Holveck
Jochum Koenigs Kreiman Larkin
Mascher May McCoy Mertz
Moreland Mundie Murphy Myers
Nelson, L. O'Brien Ollie Osterhaus
Schrader Schulte Shoultz Taylor
Warnstadt Weigel Wise Witt
Absent or not voting, 7:
Blodgett Connors Corbett, Spkr. Eddie
Grubbs Siegrist Teig
The motion prevailed and the rules were suspended.
Speaker Corbett in the chair at 10:20 a.m.
Schrader of Marion offered the following amendment H-5454, to
amendment H-5262, filed by him from the floor and moved its
adoption:
H-5454
1 Amend amendment H-5262 to House File 2436 as follows:
2 1. Page 1, lines 25 and 26, by striking the words
3 "and possessors".
Roll call was requested by Grubbs of Scott and Schrader of
Marion.
Rule 75 was invoked.
On the question "Shall amendment H-5454, to amendment H-5262, be
adopted?" (H.F. 2436)
The ayes were, 38:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Doderer Drees Fallon Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May McCoy
Mertz Millage Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Schulte
Shoultz Taylor Warnstadt Weigel
Wise Witt
The nays were, 59:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Cormack
Daggett Dinkla Disney Drake
Ertl Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Hammitt Barry Hanson Harrison
Heaton Houser Hurley Huseman
Jacobs Klemme Kremer Lamberti
Larson Lord Main Martin
Metcalf Meyer Nelson, B. Nutt
Rants Renken Salton Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 3:
Connors Eddie Halvorson
Amendment H-5454 lost.
Speaker pro tempore Van Maanen of Marion in the chair at 11:48
a.m.
Thomson of Linn moved the adoption of amendment H-5262.
Roll call was requested by Schrader of Marion and Grubbs of
Scott.
Rule 75 was invoked.
On the question "Shall amendment H-5262 be adopted?" (H.F. 2436)
The ayes were, 65:
Arnold Bell 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 Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Mundie
Nelson, B. Nutt Rants Renken
Salton Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Welter
Wise Van Maanen,
Presiding
The nays were, 33:
Baker Bernau Brammer Brand
Burnett Cataldo Cohoon Doderer
Drees Harper Holveck Jochum
Koenigs Kreiman Larkin Mascher
May McCoy Mertz Millage
Moreland Murphy Myers Nelson, L.
O'Brien Ollie Osterhaus Schrader
Schulte Shoultz Taylor Weigel
Witt
Absent or not voting, 2:
Connors Fallon
Amendment H-5262 was adopted.
Schrader of Marion asked for unanimous consent that House File
2436 be deferred.
Objection was raised.
Schrader of Marion moved that House File 2436 be deferred and
placed on the unfinished business calendar.
Roll call was requested by Schrader of Marion and Siegrist of
Pottawattamie.
On the question "Shall the motion to defer House File 2436
prevail?" (H.F. 2436)
The ayes were, 35:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Doderer Drees Harper Holveck
Jochum Koenigs Kreiman Larkin
Mascher May McCoy Mertz
Moreland Mundie Murphy Myers
Nelson, L. O'Brien Ollie Osterhaus
Schrader Shoultz Taylor Warnstadt
Weigel Wise Witt
The nays were, 62:
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
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
Absent or not voting, 3:
Connors Fallon Grubbs
The motion to defer lost.
Brammer of Linn moved that House File 2436 be rereferred to
committee on transportation.
The motion to rerefer lost.
Welter of Jones moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
Rule 75 was invoked.
On the question "Shall the bill pass?" (H.F. 2436)
The ayes were, 86:
Arnold Bell Blodgett Boddicker
Boggess Bradley Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Drake Drees
Eddie Ertl Garman Gipp
Greig Greiner Gries
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Klemme Koenigs Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Nelson, B.
Nelson, L. Nutt O'Brien Osterhaus
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Van Maanen, Presiding
The nays were, 11:
Baker Bernau Doderer Harper
Jochum Kreiman Myers Ollie
Schrader Shoultz Taylor
Absent or not voting, 3:
Connors Fallon Grubbs
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 2331, 2426 and 2436.
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 18, 1996, passed the following bill in
which the concurrence of the House is asked:
Senate File 2003, a bill for an act relating to the maximum
value of a prize for jackpot bingo conducted by qualified
organizations.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2012, a bill for an act relating to the conduct of
raffles.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2085, a bill for an act relating to handicapped
parking and providing a penalty.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2167, a bill for an act relating to prohibiting the
assault of a health care provider and providing penalties.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2195, a bill for an act relating to the Iowa
communications network by providing for state ownership of a
Part III connection and for the connection and support of
certain Part III users, making appropriations, and providing
effective dates.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2217, a bill for an act exempting the seller of a
portable water system from the requirements and the penalties of
the consumer fraud law.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2278, a bill for an act repealing the prohibition on
political activity by a member, officer, or employee of the
natural resource commission.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2289, a bill for an act relating to the department
of corrections, including operating while intoxicated violator
facilities, reimbursement by parole violators, tort claims
protection for certain persons, and inmate accounts.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2324, a bill for an act relating to public
assistance and certain associated state tax provisions involving
the family investment program, family development and
self-sufficiency council, individual development accounts, and
fraudulent practices involving the food stamp program, making
penalties applicable, and providing applicability provisions and
effective dates.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2341, a bill for an act relating to the components
of the unemployment insurance system concerning the job service
advisory council, voluntary
income tax withholding from unemployment benefits, relieving
certain employers from certain unemployment insurance charges,
collection of unemployment compensation benefits through
misrepresentation, definitions of employment and wages for
members of limited liability companies, and unemployment
insurance tax liability for corporate officers, and providing an
effective and applicability date.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2348, a bill for an act relating to agricultural
limestone, and providing penalties, fees, and an effective date.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2351, a bill for an act relating to department of
economic development programs, including the workforce
development fund program and the Iowa small business new jobs
training Act, providing a supplemental new jobs credit from
withholding, establishing a rural microbusiness assistance
program, increasing the funds available for the value-added
agricultural products and processes program, making an annual
allocation from an appropriation, and establishing an effective
date.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2365, a bill for an act relating to state government
personnel procedures including deferred compensation, longevity
pay, the phased retirement program, job classifications, pay
plans, recall from layoff, the personnel commission, and
compensation for certain election officials.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2366, a bill for an act relating to lease-purchase
agreements.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2406, a bill for an act relating to school
attendance and safety by providing for notification to schools
by peace officers of the possession of alcohol or controlled
substances by juveniles, providing that certain identifying
information regarding juveniles involved in delinquent acts is a
public record, relating to an extension of the compulsory school
attendance age, relating to immunity from assault charges for
the use of force by a person to stop a fight or disturbance at a
school or school function, establishing a penalty for a
violation of chapter 299 in certain circumstances, establishing
a penalty for providing aid, support, or shelter to a runaway or
truant, and providing for civil penalties for truancy and the
loss of a driver's license for truancy.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2417, a bill for an act relating to juvenile justice
including notice requirements for juvenile court actions,
custody of and access to a child designated a child in need of
assistance, and associate juvenile judge jurisdiction.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2430, a bill for an act requiring the juvenile court
to provide certain information to a victim of a delinquent act
committed by a juvenile.
JOHN F. DWYER, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2003, by Kibbie, a bill for an act relating to
the maximum value of a prize for jackpot bingo conducted by
qualified organizations.
Read first time and referred to committee on state government.
Senate File 2012, by Szymoniak and Kramer, a bill for an act
relating to the conduct of raffles.
Read first time and referred to committee on state government.
Senate File 2085, by Murphy, a bill for an act relating to
handicapped parking and providing a penalty.
Read first time and referred to committee on transportation.
Senate File 2167, by committee on judiciary, a bill for an
act relating to prohibiting the assault of a health care
provider and providing penalties.
Read first time and referred to committee on judiciary.
Senate File 2195, by committee on communications and
information policy, a bill for an act relating to the Iowa
communications network by providing for state ownership of a
Part III connection and for the connection and support of
certain Part III users, making appropriations, and providing
effective dates.
Read first time and referred to committee on appropriations.
Senate File 2217, by committee on judiciary, a bill for an
act exempting the seller of a portable water system from the
requirements and the penalties of the consumer fraud law.
Read first time and referred to committee on judiciary.
Senate File 2278, by committee on state government, a bill
for an act repealing the prohibition on political activity by a
member, officer, or employee of the natural resource commission.
Read first time and passed on file.
Senate File 2289, by committee on judiciary, a bill for an
act relating to the department of corrections, including
operating while intoxicated violator facilities, reimbursement
by parole violators, tort claims protection for certain persons,
and inmate accounts.
Read first time and referred to committee on judiciary.
Senate File 2324, by committee on human resources, a bill
for an act relating to public assistance and certain associated
state tax provisions involving the family investment program,
family development and self-sufficiency council, individual
development accounts, and fraudulent practices involving the
food stamp program, making penalties applicable, and providing
applicability provisions and effective dates.
Read first time and referred to committee on human resources.
Senate File 2341, by committee on business and labor
relations, a bill for an act relating to the components of the
unemployment insurance system concerning the job service
advisory council, voluntary income tax withholding from
unemployment benefits, relieving certain employers from certain
unemployment insurance charges, collection of unemployment
compensation benefits through misrepresentation, definitions of
employment and wages for members of limited liability companies,
and unemployment insurance tax liability for corporate officers,
and providing an effective and applicability date.
Read first time and referred to committee on labor and
industrial relations.
Senate File 2348, by committee on agriculture, a bill for an
act relating to agricultural limestone, and providing penalties,
fees, and an effective date.
Read first time and referred to committee on agriculture.
Senate File 2351, by committee on small business, economic
development and tourism, a bill for an act relating to
department of economic development programs, including the
workforce development fund program and the Iowa small business
new jobs training Act, providing a supplemental new jobs credit
from withholding, establishing a rural microbusiness assistance
program, increasing the funds available for the value-added
agricultural products and processes program, making an annual
allocation from an appropriation, and establishing an effective
date.
Read first time and referred to committee on economic
development.
Senate File 2365, by committee on state government, a bill
for an act relating to state government personnel procedures
including deferred compensation, longevity pay, the phased
retirement program, job classifications, pay plans, recall from
layoff, the personnel commission, and compensation for certain
election officials.
Read first time and referred to committee on state government.
Senate File 2366, by committee on state government, a bill
for an act relating to lease-purchase agreements.
Read first time and referred to committee on state government.
Senate File 2406, by committee on education, a bill for an
act relating to school attendance and safety by providing for
notification to schools by peace officers of the possession of
alcohol or controlled substances by juveniles, providing that
certain identifying information regarding juveniles involved in
delinquent acts is a public record, relating to an extension of
the compulsory school attendance age, relating to immunity from
assault charges for the use of force by a person to stop a fight
or disturbance at a school or school function, establishing a
penalty for a violation of chapter 299 in certain circumstances,
establishing a penalty for providing aid, support, or shelter to
a runaway or truant, and providing for civil penalties for
truancy and the loss of a driver's license for truancy.
Read first time and referred to committee on education.
Senate File 2417, by committee on judiciary, a bill for an
act relating to juvenile justice including notice requirements
for juvenile court actions, custody of and access to a child
designated a child in need of assistance, and associate juvenile
judge jurisdiction.
Read first time and referred to committee on judiciary.
Senate File 2430, by committee on judiciary, a bill for an
act requiring the juvenile court to provide certain information
to a victim of a delinquent act committed by a juvenile.
Read first time and referred to committee on judiciary.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:58 p.m., until 2:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:30 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
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 19, 1996, passed the following bill in
which the concurrence of the House is asked:
Senate File 2236, a bill for an act relating to regional and
statewide targets for foster care placements.
Also: That the Senate has on March 19, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2266, a bill for an act making
transportation-related Code changes including providing for a
temporary registration permit, increasing registration fees for
certain trailers, and providing an effective date.
Also: That the Senate has on March 19, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2281, a bill for an act providing for access by the
division of criminal and juvenile justice planning of the
department of human rights to confidential records held by other
state agencies.
Also: That the Senate has on March 19, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2385, a bill for an act relating to appointment and
election of state judicial nominating commissioners and
providing effective and applicability dates and transition
provisions.
Also: That the Senate has on March 19, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2396, a bill for an act adding certain residential
security deposits and prepaid rent to the list of exempt
property which a debtor may claim.
Also: That the Senate has on March 19, 1996, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 110, a concurrent resolution
designating March 1996 as Iowa Women's History Month.
Also: That the Senate has on March 19, 1996, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 114, a concurrent resolution
recognizing the League of Women Voters of Iowa and Cornell
College for their efforts in creating an Internet-accessible
system for obtaining legislative information.
Also: That the Senate has on March 19, 1996, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 115, a concurrent resolution
requesting that Iowa's congressional delegation support
guaranteed state legislative involvement in the reorganization,
implementation, and funding of federal workforce development and
job training programs in the states.
JOHN F. DWYER, Secretary
CONSIDERATION OF BILLS
Regular Calendar
House File 2271, a bill for an act directing the department of
education to conduct a study relating to driver education and
instruction, with report of committee recommending amendment and
passage, was taken up for consideration.
Grundberg of Polk offered the following amendment H-5131 filed
by the committee on education and moved its adoption:
H-5131
1 Amend House File 2271 as follows:
2 1. Page 1, line 18, by inserting after the word
3 "age" the following: "and other".
The committee amendment H-5131 was adopted.
Grundberg 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. 2271)
The ayes were, 97:
Arnold Bell Bernau Blodgett
Boddicker Boggess Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Coon 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 McCoy
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Baker Bradley Connors
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2153, a bill for an act relating to the reinstatement
to active service of members of the statewide fire and police
retirement system and the public safety peace officers'
retirement, accident, and disability system upon denial of
disability benefits, with report of committee recommending
passage, was taken up for consideration.
Lord of Dallas 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. 2153)
The ayes were, 98:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Coon 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 McCoy Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Salton
Schrader Schulte Shoultz Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 2:
Connors Vande Hoef
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2207, a bill for an act relating to the state
transportation commission's planning process and federal
funding, with report of committee recommending passage, was
taken up for consideration.
Nelson of Marshall moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2207)
The ayes were, 97:
Arnold Baker Bell Bernau Blodgett
Boggess Bradley Brammer Brand Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake 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
Osterhaus 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:
Boddicker Connors Drees
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 2153, 2207 and 2271.
EXPLANATION OF VOTE
I was temporarily absent from the House chamber on the morning
of March 19, 1996. Had I been present, I would have voted "aye"
on House Files 2331 and 2426.
TEIG of Hamilton
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bill has been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this nineteenth day of March, 1996: House File 2247.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
GOVERNOR'S ITEM VETO MESSAGE
A copy of the following communication was received and placed on
file:
March 19, 1996
The Honorable Ron Corbett
Speaker of the House of Representatives
State Capital Building
LOCAL
Dear Mr. Speaker:
I hereby transmit House File 2114, an act relating to and making
supplemental appropriations for the fiscal year beginning July
1, 1995, and providing an effective date.
House File 2114, the supplemental appropriations bill, is the
first budget bill of the 1996 session. It is disappointing to
me that so early in the session the legislature has succumbed to
the temptation of excessive spending. Even in times of a budget
surplus we must remain vigilant in our resolve to spend
responsibly. If an area of the budget is out of control, action
should be taken to bring it under control before additional
funding is provided. If spending for a particular item would
establish a dangerous precedent, funds should not be spent for
that purpose.
The amount of spending in House File 2114 is substantially over
the budget recommendations I submitted to the legislature in
January. The bill provides approximately $10.3 million to pay
claims barred by the statute of limitations which I believe
would set bad precedent. It also contains $6.4 million in
additional spending for court appointed attorneys that cannot be
approved without accompanying reforms. Failure to adopt the
reforms recommended by the state public defender and me in the
past has contributed to the present deficit in this area.
House File 2114 is therefore, approved on this date with the
following exceptions which I hereby disapprove.
I am unable to approve the item designated as section 3, in its
entirety. This item would provide $6.4 million to address a
shortfall in funding to pay for costs of indigent defense. In
the past year alone, the costs for this program have increased
by 31 percent. While I recommend this additional funding to the
legislature, it cannot be approved until the reforms proposed to
contain these costs have been passed and presented for my
signature. Failing to adequately control these costs has led to
continued abuses and unnecessary costs to the taxpayers. This
area of the budget must be brought under control.
I am unable to approve the items designated as sections 10 and
11, in their entirety. These items would create a standing
unlimited appropriation, estimated at $10.3 million, to provide
refunds to certain federal retirees. This action would supersede
the state's statute of limitations for filing claims, thereby
setting a precedent that could create untold future financial
exposure. It is unfortunate that these claims were not filed
timely. However, there is no compelling reason why they should
be treated different than claims filed by any other group or
individual. Allowing the filing of claims after the statute of
limitations has run out is bad public policy.
For the above reasons, I hereby respectfully disapprove these
items in accordance with Amendment IV of the Amendments of 1968
to the Constitution of the State of Iowa. All other items in
House File 2114 are hereby approved as of this date.
Sincerely,
Terry E. Branstad
Governor
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Thirteen members of Girl Scout Troops 112 and 215 from Spirit
Lake, accompanied by Barbara Mendenhall. By Greig of Emmet.
Fourth grade Girl Scout Troop from Coralville, accompanied by
Colleen Meng. By Myers of Johnson.
Fifty-six third grade students from Williamsburg Elementary
School, Williamsburg, accompanied by Mrs. Donna Kirkpatrick, Mr.
Don Kirkpatrick, Mrs. Joyce Sandersfeld, Mrs. Barb Maas, Ms.
Sara Kluger, Ms. Faye Gerig, Mrs. Mary Sue Lindhart and Mr.
Doyle Geyer. By Tyrrell of Iowa.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF HUMAN SERVICES
The Plan for Community Development relating to Conner vs.
Branstad Consent Decree, pursuant to Chapter 225C.6(l), Code of
Iowa.
DEPARTMENT OF TRANSPORTATION
A Report on the number of habitual offender contested cases,
pursuant to Chapter 143.14, 1995 Acts of the Seventy-sixth
General Assembly.
The Annual Report, pursuant to Chapter 307.12(14), 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\285 Coach Bob Horner, Mason City High School, Mason City -
For coaching the Mason City High School Mohawks to the Class 4A
championship of the 1996 Boys State Basketball Tournament.
1996\286 Dan Delaney, Mason City High School Athletic Director,
Mason City - For the Mason City High School Mohawks being
awarded the Sportsmanship Trophy at the 1996 Boys State
Basketball Tournament.
1996\287 Dean Oliver, Mason City High School, Mason City - For
being named to the 4A All-Tournament Team of the 1996 Boys State
Basketball Tournament.
1996\288 Brant Harriman, Mason City High School, Mason City -
For being named to the 4A All-Tournament Team of the 1996 Boys
State Basketball Tournament.
1996\289 Steve Locher, Mason City High School, Mason City - For
being named the Outstanding Citizen Athlete at the 1996 Boys
State Basketball Tournament.
1996\290 Betty and Fred Anderson, Camanche - For celebrating
their Fiftieth wedding anniversary.
1996\291 Caroline and Ray Rannfeldt, Camanche - For celebrating
their Fiftieth wedding anniversary.
1996\292 Dagny and David Kinkaid, Camanche - For celebrating
their Seventieth wedding anniversary.
1996\293 Roberta and David McLaughlin, Princeton - For
celebrating their Fiftieth wedding anniversary.
1996\294 Lois and Eugene Skow, Clinton - For celebrating their
Fiftieth wedding anniversary.
1996\295 Aaron Kennedy, Red Oak - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\296 Dick Legg, Griswold - For being inducted into the Iowa
High School Officials Hall of Fame.
1996\297 Vern Olson, Red Oak - For receiving a News Media Award
from the Iowa High School Athletic Association.
1996\298 Lucille Lane, Missouri Valley - For celebrating her
Eighty-fifth birthday.
1996\299 Tyler Barcus, Eldora - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1996\300 Peggy Watson, Cardinal Stritch High School, Keokuk -
For being named to the Class 1A 2nd All-State Womens Basketball
Team.
1996\301 Kathleen Hickey, Cardinal Stritch High School, Keokuk -
For being named to the Southeast Iowa Superconference South
Division 2nd Team for Womens Basketball.
1996\302 Stacy Stanley, Keokuk High School, Keokuk - For being
named to the State Class 3A Front Line Honorable Mention List
for Womens Basketball.
1996\303 Marigene and Arnold Stamp, Maquoketa - For celebrating
thier Fiftieth wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 2478
Appropriations: Meyer, Chair; Garman and Koenigs.
Senate File 2085
Transportation: Salton, Chair; Ollie and Weidman.
Senate File 2171
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
Senate File 2185
Transportation: May, Chair; Carroll and Welter.
Senate File 2186
Transportation: Welter, Chair; Heaton and May.
Senate File 2223
Agriculture: Greig, Chair; Eddie and Koenigs.
Senate File 2265
Judiciary: Hurley, Chair; Boddicker, Doderer, Kreiman and
Lamberti.
Senate File 2380
Judiciary: Coon, Chair; Harrison and Moreland.
Senate File 2381
Human Resources: Boddicker, Chair; Blodgett, Ertl, Moreland and
Witt.
Senate File 2390
Judiciary: Harrison, Chair; Coon and Kreiman.
Senate File 2392
Judiciary: Kremer, Chair; Kreiman and Veenstra.
Senate File 2402
Judiciary: Dinkla, Chair; Holveck and Millage.
Senate File 2409
Economic Development: Nelson of Marshall, Chair; Bradley, Brand,
Heaton and McCoy.
Senate File 2413
Judiciary: Dinkla, Chair; Nutt and Shoultz.
Senate File 2420
Judiciary: Lamberti, Chair; Grubbs and Kreiman.
Senate File 2428
Judiciary: Dinkla, Chair; Bell and Nutt.
Senate File 2431
Judiciary: Dinkla, Chair; Nutt and Shoultz.
Senate File 2435
Judiciary: Harrison, Chair; Coon and Kreiman.
Senate File 2436
Judiciary: Millage, Chair; Kreiman and Nutt.
Senate File 2438
Human Resources: Carroll, Chair; Hammitt Barry, Lord, Myers and
Witt.
Senate File 2445
Appropriations: Hanson, Chair; Cataldo and Gipp.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON AGRICULTURE
Committee Bill (Formerly HCR 115), to request that the President
of the United States and the Congress of the United States
remove current obstacles which prevent the transfer of
agricultural land between family members participating in Iowa's
Beginning Farmer Loan Program supported by small issue private
activity bonds exempt from federal income taxation.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
COMMITTEE ON EDUCATION
Senate File 2157, a bill for an act relating to the duties of
the college student aid commission in administering the Iowa
guaranteed loan program, creating a chiropractic loan revolving
fund, and providing for matters related to the chiropractic
graduate student forgivable loan program.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
Senate File 2158, a bill for an act relating to textbooks.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
Senate File 2159, a bill for an act relating to evaluator
licensing of educators.
Fiscal Note is not required.
Recommended Do Pass March 29, 1996.
Senate File 2201, a bill for an act relating to the open
enrollment application and implementation process.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
Senate File 2331, a bill for an act prohibiting certain uses and
false representations relating to academic degrees, grades, or
honors, and providing a penalty.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
Senate File 2403, a bill for an act establishing a community
college funding formula, providing for properly related matters,
and an effective date.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
COMMITTEE ON STATE GOVERNMENT
Senate File 2013, a bill for an act requiring the licensure of
respiratory care therapists and creating a board for respiratory
care practitioners.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
Senate File 2121, a bill for an act providing for auditing
practices by the Iowa state fair board.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
Senate File 2122, a bill for an act relating to unclaimed
property held by the state, fraudulent practices to obtain the
property, and establishing a penalty.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
Senate File 2127, a bill for an act relating to the
confidentiality of social security numbers of the owners of
unclaimed property.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
Senate File 2367, 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.
Fiscal Note is not required.
Recommended Do Pass March 18, 1996.
RESOLUTIONS FILED
HCR 120, by committee on agriculture, a concurrent resolution to
request that the President of the United States and the Congress
of the United States remove current obstacles which prevent the
transfer of agricultural land between family members
participating in Iowa's Beginning Farmer Loan Program supported
by small issue private activity bonds exempt from federal income
taxation.
Laid over under Rule 25.
SCR 110, by Szymoniak and Redfern, a concurrent resolution
designating March 1996 as Iowa Women's History Month.
Referred to committee on state government.
SCR 114, by committee on communications and information policy,
a concurrent resolution recognizing the League of Women Voters
of Iowa and Cornell College for their efforts in creating an
Internet-accessible system for obtaining legislative information.
Laid over under Rule 25.
SCR 115, by committee on small business, economic development
and tourism, a concurrent resolution requesting that Iowa's
congressional delegation support guaranteed state legislative
involvement in the reorgainzation, implementation, and funding
of federal workforce development and job training programs in
the states.
Laid over under Rule 25.
AMENDMENTS FILED
H_5452 S.F. 2443 Wise of Lee Taylor of Linn Witt of Black
Hawk Holveck of Polk Nelson of Pottawattamie Harper of Black
Hawk Shoultz of Black Hawk Burnett of Story Jochum of
Dubuque Osterhaus of Jackson Doderer of Johnson Ollie of
Clinton Cohoon of Des Moines Larkin of Lee Murphy of Dubuque
H_5453 S.F. 2443 Wise of Lee Larkin of Lee Moreland of
Wapello McCoy of Polk Myers of Johnson Cohoon of Des
Moines Bell of Jasper Osterhaus of Jackson Burnett of
Story Murphy of Dubuque Ollie of Clinton Shoultz of Black
Hawk O'Brien of Boone Holveck of Polk Doderer of
Johnson Warnstadt of Woodbury
H_5455 S.F. 2443 Weigel of Chickasaw
H_5456 H.F. 2182 Millage of Scott
H_5457 S.F. 2443 Wise of Lee Larkin of Lee Moreland of
Wapello McCoy of Polk Myers of Johnson Cohoon of Des
Moines Bell of Jasper Osterhaus of Jackson Burnett of Story
Murphy of Dubuque Ollie of Clinton Shoultz of Black
Hawk O'Brien of Boone Holveck of Polk Doderer of
Johnson Warnstadt of Woodbury
H_5458 S.F. 2443 Grubbs of Scott
H_5459 H.F. 2087 Holveck of Polk Mascher of Johnson
H_5460 H.F. 2087 Shoultz of Black Hawk Mascher of
Johnson Burnett of Story Vande Hoef of Osceola Witt of Black
Hawk
H_5461 H.F. 2087 Holveck of Polk Shoultz of Black
Hawk Mascher of Johnson Vande Hoef of Osceola Burnett of
Story
H_5462 H.F. 2087 Witt of Black Hawk Holveck of Polk
H_5463 H.F. 2087 Shoultz of Black Hawk Mascher of
Johnson Vande Hoef of Osceola Burnett of Story
H_5464 H.F. 2087 Shoultz of Black Hawk Burnett of
Story Mascher of Johnson Vande Hoef of Osceola Holveck of
Polk
H_5465 H.F. 2298 Metcalf of Polk
H_5466 H.F. 2435 Harrison of Scott
H_5467 S.F. 2419 Grubbs of Scott
H_5468 S.F. 2443 Greig of Emmet Salton of Palo Alto Klemme of
Plymouth Meyer of Sac Mertz of Kossuth Mundie of
Webster Wise of Lee Hahn of Muscatine Eddie of Buena
Vista Vande Hoef of Osceola Drake of Pottawattamie
H_5469 S.F. 2443 Murphy of Dubuque
H_5470 H.F. 2369 Blodgett of Cerro Gordo
H_5471 H.F. 2427 Houser of Pottawattamie
H_5472 S.F. 2162 Blodgett of Cerro Gordo
On motion by Siegrist of Pottawattamie, the House adjourned at
2:47 p.m., until 8:45 a.m., Wednesday, March 20, 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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Last update: Wed Mar 20 13:30:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/Day/0319.html
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