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Ninety-sixth Calendar Day - Sixty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Friday, April 12, 1996
The House met pursuant to adjournment at 9:30 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by the Honorable Horace Daggett, state
representative from Union County.
The Journal of Thursday, April 11, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Brand of Benton and Weigel of Chickasaw, both on request of
Schrader of Marion.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 11, 1996, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 2114, a bill for an act relating to the amount of
prison time served by persons convicted of an aggravated
misdemeanor or greater offense, by providing for changes in the
mandatory minimum terms of sentences to be served, providing for
a reduction in the amount of good and honor time that may be
earned by forcible felons, providing for a sentencing task force
and a departmental study, and making other related changes.
JOHN F. DWYER, Secretary
SPECIAL PRESENTATION
Carroll of Poweshiek presented to the House his mother, Mrs.
Joyce Carroll of Spencer, Indiana. Mrs. Carroll is a Master
stone carver who has carved the replacement stones currently
being used in the outside restoration of the State Capitol.
The House rose and expressed its welcome.
CONSIDERATION OF BILLS
Ways and Means Calendar
Senate File 2298, a bill for an act relating to the awarding of
costs to a prevailing taxpayer in a proceeding against the
department of revenue and finance under the state tax procedures
and practices Act and providing an effective date, with report
of committee recommending amendment and passage, was taken up
for consideration.
Dinkla of Guthrie offered the following amendment H-5894 filed
by the committee on ways and means and moved its adoption:
H-5894
1 Amend Senate File 2298, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 11 the
4 following:
5 "Sec. ___. Section 421.60, Code Supplement 1995,
6 is amended by adding the following new subsection:
7 NEW SUBSECTION. 11. SANCTIONS.
8 a. The department may be awarded in an
9 administrative proceeding, contested case proceeding,
10 or court proceeding related to the determination or
11 collection of a tax, penalty, or interest, a penalty
12 not in excess of twenty-five thousand dollars by the
13 department, state board of tax review, or a court,
14 based upon any of the following:
15 (1) The proceeding has been instituted or caused
16 by the taxpayer primarily for delay.
17 (2) The taxpayer's position in the proceeding is
18 frivolous or groundless.
19 b. All of the provisions of section 422.26 shall
20 apply in respect to the penalty awarded by the
21 department or state board of tax review. The lien for
22 the penalty shall attach on the date of recordation
23 and shall continue for ten years unless sooner
24 released or discharged. The lien may be extended by
25 filing for record a notice and from the time of that
26 filing, the lien shall be extended to the property in
27 the county for ten years, unless sooner released or
28 otherwise discharged, with no limit on the number of
29 extensions. The lien shall be recorded by the county
30 recorder in the book associated with tax, penalty, or
31 interest for which the penalty was awarded.
32 c. All penalties paid or collected shall be
33 deposited in the general fund of the state."
34 2. Title page, line 1, by striking the words "to
35 a prevailing taxpayer" and inserting the following:
36 "or penalty to a prevailing party".
The committee amendment H-5894 was adopted.
Dinkla of Guthrie 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. 2298)
The ayes were, 89:
Arnold Baker Bell Bernau
Boddicker Boggess Bradley Branstad
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors 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 Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Martin Mascher May
McCoy Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Renken
Schrader Schulte Shoultz Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Welter Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 11:
Blodgett Brammer Brand Brauns
Grubbs Hurley Main Salton
Siegrist Weigel Wise
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 110
Tyrrell of Iowa called up for consideration House Concurrent
Resolution 110, a concurrent resolution requesting the State
Department of Transportation to establish a scenic route
designation, and moved its adoption.
The motion prevailed and the resolution was adopted.
Unfinished Business Calendar
The House resumed consideration of House File 2453, a bill for
an act relating to the regulation of industrial loan companies
by establishing certain requirements applicable to a change of
control, providing for the appointment of the superintendent or
the federal deposit insurance corporation as receiver, and
requiring an industrial loan company to obtain federal deposit
insurance for certain debt instruments, and making a penalty
applicable, previously deferred and placed on the unfinished
business calendar.
Nutt of Woodbury offered the following amendment H-5732 filed by
him and moved its adoption:
H-5732
1 Amend House File 2453 as follows:
2 1. Page 3, line 6, by inserting after the word
3 "industrial" the following: "loan".
Amendment H-5732 was adopted.
Nutt 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. 2453)
The ayes were, 92:
Arnold Baker Bell Bernau
Boddicker Boggess Bradley Branstad
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors 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 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
Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Welter Wise
Witt Van Maanen, Presiding
The nays were, none.
Absent or not voting, 8:
Blodgett Brammer Brand Brauns
Grubbs Hurley Salton Weigel
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
Senate File 2097, a bill for an act providing a sales, services,
and use tax exemption on certain packaging materials used in
agricultural, livestock, or dairy production, with report of
committee recommending passage, was taken up for consideration.
Dinkla of Guthrie 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. 2097)
The ayes were, 87:
Arnold Baker Bell Bernau
Boddicker Boggess Bradley Branstad
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Holveck Houser
Huseman Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Rants
Renken Schrader Schulte Shoultz Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Welter
Wise Witt Van Maanen,
Presiding
The nays were, 5:
Grundberg Heaton Jacobs Martin
McCoy
Absent or not voting, 8:
Blodgett Brammer Brand Brauns
Grubbs Hurley Salton Weigel
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 File 2453 and Senate Files 2097 and 2298.
House File 2498, a bill for an act relating to entities and
subject matter under the regulatory authority of the division of
insurance, including prearranged funeral contracts, cemeteries,
residential service contracts, and business opportunities, and
establishing fees, was taken up for consideration.
Van Fossen of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2498)
The ayes were, 90:
Arnold Bell Bernau Boddicker
Boggess Bradley Branstad Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors 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
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
Schrader Schulte Shoultz Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Welter Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 10:
Baker Blodgett Brammer Brand
Brauns Grubbs Hurley Salton
Siegrist Weigel
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 File 2498 and House Concurrent Resolution 110.
Appropriations Calendar
House File 2497, a bill for an act relating to the compensation
and benefits for public officials and employees and making
appropriations, was taken up for consideration.
Garman of Story offered the following amendment H-5941 filed by
her from the floor and moved its adoption:
H-5941
1 Amend House File 2497 as follows:
2 1. Page 1, line 17, by striking the figure
3 "104,400" and inserting the following: "105,400".
4 2. Page 1, line 19, by striking the figure
5 "100,600" and inserting the following: "101,500".
6 3. Page 1, line 21, by striking the figure
7 "100,500" and inserting the following: "101,400".
8 4. Page 1, line 23, by striking the figure
9 "96,700" and inserting the following: "97,600".
10 5. Page 1, line 25, by striking the figure
11 "95,800" and inserting the following: "96,700".
12 6. Page 1, line 28, by striking the figure
13 "92,000" and inserting the following: "92,900".
14 7. Page 1, line 30, by striking the figure
15 "80,100" and inserting the following: "80,800".
16 8. Page 1, line 32, by striking the figure
17 "20,300" and inserting the following: "20,500".
18 9. Page 2, line 1, by striking the figure "5,200"
19 and inserting the following: "5,250".
Amendment H-5941 lost.
Gipp of Winneshiek offered the following amendment H-5939 filed
by him and moved its adoption:
H-5939
1 Amend House File 2497 as follows:
2 1. Page 4, by striking lines 9 and 10 and
3 inserting the following: "education, and commandant
4 of the veterans home."
5 2. Page 5, line 2, by inserting after the word
6 "services," the following: "secretary of the state
7 fair board,".
Amendment H-5939 was adopted.
Meyer of Sac offered the following amendment H-5928 filed by
Meyer, et. al., and moved its adoption:
H-5928
1 Amend House File 2497 as follows:
2 1. Page 10, by inserting after line 18 the
3 following:
4 "Sec. ___. REPORT ON PROJECTED COSTS OF SALARY
5 INCREASES FOR FISCAL YEARS 1998 AND 1999. The
6 legislative fiscal bureau shall prepare a report to
7 the chairpersons and ranking members of the committees
8 on appropriations which projects the total costs of
9 all salary increases including the annualization of
10 salaries for the fiscal years 1998 and 1999. The
11 report shall include salary costs from all funds
12 including the general fund of the state and the
13 restricted funds. The report shall be submitted not
14 later than April 1, 1997."
15 2. By renumbering as necessary.
Amendment H-5928 was adopted.
Gipp of Winneshiek 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. 2497)
The ayes were, 81:
Arnold Baker Bell Bernau
Boddicker Boggess Bradley Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Garman Gipp Greig Greiner
Gries Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy
Mertz Metcalf Millage Moreland
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Schrader Schulte
Siegrist Sukup Taylor Teig
Thomson Tyrrell Vande Hoef
Warnstadt Weidman Welter Wise
Witt Van Maanen,
Presiding
The nays were, 10:
Branstad Brunkhorst Fallon Grundberg
Hahn Houser Meyer Renken
Van Fossen Veenstra
Absent or not voting, 9:
Blodgett Brammer Brand Brauns
Grubbs Hurley Salton Shoultz
Weigel
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 2497 be immediately messaged to the Senate.
CONFERENCE COMMITTEE APPOINTED
(House File 2449)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning House File 2449: Gipp of Winneshiek, Chair;
Renken of Grundy, Jacobs of Polk, Jochum of Dubuque and Moreland
of Wapello.
COMMUNICATION FROM THE
DEPARTMENT OF MANAGEMENT
The following communication was received from the Department of
Management on April 10, 1996, and is on file in the office of
the Chief Clerk:
April 3, 1996
Chief Clerk
House of Representatives
Statehouse
LOCAL
Dear Chief Clerk:
There are transmitted herewith claims against the State of Iowa
to be filed with the Administration and Rules Committee of the
House of Representatives.
This lisiting includes 24 claims of general nature that were
denied by the State Appeal Board at the March 25, 1996 meeting.
This supplements our filing of February 29, 1996.
The attached index shows claim number, name and address of
claimant and the amount requested in the claim.
Sincerely,
Gretchen Tegeler
Chairperson
STATE APPEAL BOARD
DENIED GENERAL CLAIMS BY THE STATE APPEAL BOARD
SUBMITTED TO THE 76TH GENERAL ASSEMBLY
March 1996
Claim FullName City Type
Amount
G960491 Linda D. Munoz Correctionville, IA. Dependent $124.00
Care
G960525 James R. Schoenroch Ames, IA. Dependent $643.60
Care
G960573 Families of NE Iowa Maquoketa, IA. Provider $1,422.90
Services
G960579 Families of NE Iowa Maquoketa, IA. Provider $60.72
Services
G960590 Families of NE Iowa Maquoketa, IA. Provider $261.92
Services
G961060 Plains Area Mental Cherokee, IA. Provider $296.80
Health Center Services
G961188 Friendly House Davenport, IA. Child Care $1,313.76
G961189 Friendly House Davenport, IA. Child Care $72.93
G961200 Gerry Ann Prine Carlisle, IA. Reimbursement $250.00
G961333 Mother Goose Child Council Bluffs, IA. Day
Care Undetermined
Care & Preschool
G961444 Jerry Ryan Maxwell, IA. Dependent $160.00
Care
G961455 Families, Inc. West Branch, IA. Provider $1,679.51
Services
G961457 Families, Inc. West Branch, IA. Provider $71.26
Services
G961459 Families, Inc. West Branch,
IA. Provider $320.67 Services
G961539 Dan VanDerLinden Sioux City, IA. Dependent $194.00
Care
Claim Fullname City Type
Amount
G961574 Goodwill Industries Iowa City, IA. Provider $2,777.60
of Southeast Iowa Services
G961609 Goodwill Industries Iowa City, IA. Provider $9,360.00
of Southeast Iowa Services
G961632 Pottawattamie Council Bluffs, IA. Committment $281.00
County Board
of Supervisors
G961680 Jan Davis Ottumwa, IA. Dependent $384.25
Care
G961710 Midwest Omaha, NE. Therapy $321.28
Psychotherapy
Assoc.
G961767 Family Resources, Inc. Davenport, IA. Provider $966.31
Services
G961768 Family Resources, Inc. Davenport, IA. Provider $2,653.95
Services
G961769 Family Resources, Inc. Davenport, IA. Provider $1,674.03
Services
G961903 Eau Claire Academy Eau Claire, WI. Maintenance $1,834.40
MOTION TO RECONSIDER
(Senate File 2448)
I move to reconsider the vote by which Senate File 2448 passed
the House on April 11, 1996.
SIEGRIST of Pottawattamie
BILLS 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 bills have 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 twelfth day of April, 1996: House Files 334, 419, 511,
2061, 2256, 2306, 2315, 2324, 2456 and 2462.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Thirty-four fifth grade students from Exira Elementary, Exira,
accompanied by Kay Stork. By Drake of Pottawattamie.
Forty-three fifth grade students from North Cedar,
Mechanicsville, accompanied by Ruth Miller, Ann Pruess and
Jennifer Borman. By Boddicker of Cedar.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT OF ECONOMIC DEVELOPMENT
The Annual Report of the Iowa Industrial New Jobs Training
Program, pursuant to Chapter 7E.5(g), 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\468 Jorie Graham, Iowa City - For winning a Pulitzer Prize
for her poetry book, "The Dream of the Unified Field: New and
Selected Poems".
1996\469 Allison Dickey, Packwood - For being crowned Miss Iowa
Teen U.S.A.
1996\470 Dan Field, Corning - For being named Master
Editor-Publisher of the Adams County Free Press.
1996\471 Donna Haight, Afton - For being named Master
Editor-Publisher of the Afton Star-Enterprise.
1996\472 Hampton-Dumont Fifth Grade Students, Dumont - For their
completion of the Drug Abuse Resistance Education Program.
1996\473 Jeremy Kloberdanz, Cedar Falls - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENT
Senate File 2138
Appropriations: Houser, Chair; Grundberg and Murphy.
AMENDMENT FILED
H-5942 H.F. 2496 Vande Hoef of Osceola
H-5943 S.F. 2351 Nelson of Marshall
H-5944 S.F. 2467 Warnstadt of Woodbury
Grundberg of Polk Metcalf of Polk
Nelson of Pottawattamie Cohoon of Des Moines
Martin of Scott Ollie of Clinton
H-5945 S.F. 2372 Kreiman of Davis
H-5946 S.F. 2372 Kreiman of Davis
H-5947 S.F. 2372 Kreiman of Davis
On motion by Siegrist of Pottawattamie, the House adjourned at
11:15 a.m., until 1:00 p.m., Monday, April 15, 1996.
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Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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