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Ninety-ninth Calendar Day - Sixty-fifth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, April 15, 1996
The House met pursuant to adjournment at 1:00 p.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Rabbi Henry Karp, Temple Emanuel,
Davenport.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Urbandale Camp Fire
Girls and Boys, Urbandale, accompanied by their leaders, Sue
Ballard and Cindy Jones.
The Journal of Friday, April 12, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Thomson of Linn, Heaton of Henry, Dinkla of Guthrie, all until
their arrival, on request of Rants of Woodbury; Siegrist of
Pottawattamie, on request of Rants of Woodbury; Ertl of Dubuque
on request of Van Maanen of Marion; Bell of Jasper on request of
Schrader of Marion; Taylor of Linn, until his arrival, on
request of Ollie of Clinton; Millage of Scott for April 15 and
16, 1996, on request of Gipp of Winneshiek.
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 April 12, 1996, concurred in the House
amendment to the Senate amendment, and passed the following bill
in which the concurrence of the Senate was asked:
House File 2370, a bill for an act relating to limited liability
companies and corporations, including the period within which a
limited liability company subject to dissolution may be
continued, and providing an exemption from the real estate
transfer tax for certain transfers involving limited liability
companies.
Also: That the Senate has on April 12, 1996, passed the
following bill in which the concurrence of the Senate was asked:
House File 2399, a bill for an act relating to eligibility of
persons for county general assistance.
Also: That the Senate has on April 12, 1996, insisted on its
amendment to Senate File 2154, a bill for an act increasing the
penalties for certain offenses involving methamphetamine, and
the members of the Conference Committee on the part of the
Senate are: The Senator from Polk, Senator Bisignano, Chair; the
Senator from Marshall, Senator Giannetto; the Senator from
Johnson, Senator Neuhauser; the Senator from Polk, Senator
Maddox; the Senator from Allamakee, Senator Zieman.
Also: That the Senate has on April 12, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2157, a bill for an act relating to postsecondary
educational programs, the duties of the college student aid
commission in administering the Iowa guaranteed loan program,
creating a chiropractic loan revolving fund, providing for
matters related to the chiropractic graduate student forgivable
loan program, modifying the registration requirements for
postsecondary schools, and increasing registration fees.
Also: That the Senate has on April 11, 1996, refused to concur
in the House amendment as amended to the following bill in which
the concurrence of the Senate was asked:
Senate File 2300, a bill for an act relating to the willful
destruction of E911 addressing signs and providing a penalty.
Also: That the Senate has on April 12, 1996, refused to concur
in the House amendment to the following bill in which the
concurrence of the Senate was 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.
JOHN F. DWYER, Secretary
CONSIDERATION OF BILLS
Ways and Means Calendar
House File 2305, a bill for an act updating the Iowa Code
references to the Internal Revenue Code and providing a
retroactive applicability date and an effective date, was taken
up for consideration.
Lamberti of Polk offered the following amendment H-5805 filed by
him and moved its adoption:
H-5805
1 Amend House File 2305 as follows:
2 1. Page 1, by inserting after line 18 the
3 following:
4 "Sec. 100. Section 422.5, Code 1995, is amended by
5 adding the following new subsection:
6 NEW SUBSECTION. 12. If a taxpayer repays in the
7 current tax year certain amounts of income that were
8 subject to tax under this division in a prior year and
9 a tax benefit would be allowed under similar
10 circumstances under section 1341 of the Internal
11 Revenue Code, a tax benefit shall be allowed on the
12 Iowa return. The tax benefit shall be the reduced tax
13 for the current tax year due to the deduction for the
14 repaid income or the reduction in tax for the prior
15 year or years due to exclusion of the repaid income.
16 The reduction in tax shall qualify as a refundable tax
17 credit on the return for the current year pursuant to
18 rules prescribed by the director."
19 2. Page 2, line 23, by striking the word "This"
20 and inserting the following: "Section 100 of this
21 Act, amending section 422.5, applies retroactively to
22 January 1, 1992, for tax years beginning on or after
23 that date. The remainder of this".
24 3. By renumbering and correcting internal
25 references as necessary.
Amendment H-5805 was adopted.
SENATE FILE 2168 SUBSTITUTED FOR HOUSE FILE 2305
Lamberti of Polk asked and received unanimous consent to
substitute Senate File 2168 for House File 2305.
Senate File 2168, a bill for an act updating the Iowa Code
references to the Internal Revenue Code and providing a
retroactive applicability date and an effective date, was taken
up for consideration.
Lamberti of Polk offered the following amendment H-5853 filed by
him and moved its adoption:
H-5853
1 Amend Senate File 2168, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 17, by striking the word and
4 figure "January 1" and inserting the following:
5 "March 20".
Amendment H-5853 was adopted.
Lamberti of Polk offered the following amendment H-5807 filed by
him and moved its adoption:
H-5807
1 Amend Senate File 2168, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 1, line 32, through page 2,
4 line 35.
5 2. By renumbering as necessary.
Amendment H-5807 was adopted.
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?" (S.F. 2168)
The ayes were, 89:
Arnold Baker Blodgett Boddicker
Boggess Bradley Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Disney
Doderer Drake Drees Eddie
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 McCoy
Mertz Metcalf Meyer
Moreland Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Schrader
Schulte Shoultz Sukup Taylor
Teig Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van
Maanen,
Presiding
The nays were, none.
Absent or not voting, 11:
Bell Bernau Brammer Brand
Dinkla Ertl Greig Millage
Salton Siegrist Thomson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2305 WITHDRAWN
Lamberti of Polk asked and received unanimous consent to
withdraw House File 2305 from further consideration by the House.
SENATE AMENDMENTS CONSIDERED
Veenstra of Sioux called up for consideration House File 2050, a
bill for an act relating to selection criteria preferences in
the placement of children for adoption by or through the
department of human services, amended by the Senate amendment
H-5927 as follows:
H-5927
1 Amend House File 2050, as passed by the House, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 135L.2, subsection 3, as
6 enacted by 1996 Iowa Acts, Senate File 13, section 2,
7 is amended to read as follows:
8 3. During the initial appointment between a
9 licensed physician and a pregnant minor, a licensed
10 physician, who is providing medical services to a
11 pregnant minor, shall offer the viewing of the video
12 and the written decision-making materials to the
13 pregnant minor, and shall obtain the signed and dated
14 certification form from the pregnant minor. If the
15 pregnant minor has previously been offered the viewing
16 of the video and the written decision-making materials
17 by another source, the licensed physician shall obtain
18 the completed certification form from the other source
19 to verify that the pregnant minor has been offered the
20 viewing of the video and the written decision-making
21 materials. A licensed physician shall not perform an
22 abortion on a pregnant minor prior to obtaining the
23 completed certification form from a pregnant minor.
24 If the pregnant minor decides to terminate parental
25 rights following the child's birth, a copy of the
26 completed certification form shall be attached to the
27 petition for termination of parental rights.
28 Sec. 2. Section 135L.4, subsection 3, paragraph d,
29 as enacted by 1996, Iowa Acts, Senate File 13, section
30 4, is amended to read as follows:
31 d. Notwithstanding any law or rule to the
32 contrary, the court proceedings under this section and
33 section 135L.3 shall be given precedence over other
34 pending matters to ensure that the court reaches a
35 decision expeditiously.
36 Sec. 3. Section 135L.6, unnumbered paragraph 1, as
37 enacted by 1996 Iowa Acts, Senate File 13, section 6,
38 is amended to read as follows:
39 If a pregnant minor's attending physician certifies
40 in writing that a medical emergency exists which
41 necessitates the immediate performance of an abortion
42 on the pregnant minor, and which results in the
43 inapplicability of section 135L.2 with regard to the
44 required offering of the viewing of the video, of
45 section 135L.3 with regard to notification of a parent
46 prior to the termination of parental rights of a
47 pregnant minor for the purposes of placing the child
48 for adoption, or of section 135L.4 with regard to
49 notification of a parent prior to the performance of
50 an abortion on a pregnant minor, the attending
Page 2
1 physician shall do the following:
2 Sec. 4. Section 135L.6, subsection 2, paragraph e,
3 as enacted by 1996 Iowa Acts, Senate File 13, section
4 6, is amended to read as follows:
5 e. The pregnant minor elects not to allow
6 notification of the pregnant minor's parent and a
7 court authorizes waiver of the notification
8 requirement following completion of the proceedings
9 prescribed under section 135L.3 or 135L.4.
10 Sec. 5. Section 135L.7, subsections 1 and 2, as
11 enacted by 1996 Iowa Acts, Senate File 13, section 7,
12 are amended to read as follows:
13 1. Knowingly tenders a false original or copy of
14 the signed and dated certification form described in
15 section 135L.2, to be retained by the licensed
16 physician, or to be sent to the pregnant minor's
17 attending physician, or to be attached to the
18 termination of parental rights petition pursuant to
19 section 135L.3.
20 2. Knowingly tenders a false original or copy of
21 the notification document mailed to a parent,
22 grandparent, or aunt or uncle of the pregnant minor
23 under this chapter, a false original or copy of the
24 written certification to be provided to a parent of a
25 pregnant minor pursuant to section 135L.6, or a false
26 original or copy of the order waiving notification
27 relative to the performance of an abortion on a
28 pregnant minor or relative to the termination of
29 parental rights of a pregnant minor.
30 Sec. 6. Section 232.5, as enacted by 1996 Iowa
31 Acts, Senate File 13, section 10, is amended to read
32 as follows:
33 232.5 ADOPTION OF CHILD BORN TO A MINOR OR
34 ABORTION PERFORMED ON A MINOR - WAIVER OF
35 NOTIFICATION PROCEEDINGS.
36 The court shall have exclusive jurisdiction over
37 the proceedings for the granting of an order for
38 waiver of the notification requirements relating to
39 the adoption of a child born to a minor or to the
40 performance of an abortion on a minor pursuant to
41 sections 135L.3 and section 135L.4."
42 2. Page 1, by inserting after line 9 the
43 following:
44 "Sec. ___. Section 600A.6, Code 1995, is amended
45 by adding the following new subsection:
46 NEW SUBSECTION. 7. If a petition for the
47 termination of parental rights of a pregnant minor or
48 a minor who has given birth is filed, notice of the
49 termination hearing shall also be served upon a
50 custodial parent or a legal guardian or custodian of
Page 3
1 the pregnant minor or minor who has given birth in
2 accordance with the service of notice provisions of
3 this section. A custodial parent or a legal guardian
4 or custodian of the pregnant minor or minor who has
5 given birth is not a necessary party under this
6 section and the notice provided under this subsection
7 is for informational purposes only and shall not be
8 construed to confer any substantive rights on the
9 custodial parent or legal guardian or custodian of the
10 pregnant minor or minor who has given birth in
11 addition to those rights existing under current law.
12 Notice under this subsection shall be waived by the
13 court if the court determines that the pregnant minor
14 or minor who has given birth is capable of providing
15 consent to the termination of parental rights of the
16 minor child, that notification is not in the best
17 interest of the pregnant minor or minor who has given
18 birth or of the minor child, or that other good cause
19 exists for the waiver. Failure to provide notice to a
20 custodial parent or a legal guardian or custodian of
21 the pregnant minor or minor who has given birth does
22 not constitute good cause for revocation of a release
23 of custody and is not grounds for denial,
24 modification, vacation, or appeal of a termination of
25 parental rights order or of an interlocutory or final
26 adoption decree.
27 Sec. ___. 1996 Iowa Acts, Senate File 13, sections
28 3, 11, 12, and 13, are repealed."
29 3. Title page, line 1, by inserting after the
30 word "to" the following: "adoption, including".
31 4. Title page, line 3, by inserting after the
32 word "services" the following: ", requirements
33 relating to the adoption of the child of a minor
34 parent, and providing a repeal".
Doderer of Johnson offered amendment H-5948, to the Senate
amendment H-5927, filed by Doderer, et. al., as follows:
H-5948
1 Amend the Senate amendment, H-5927, to House File
2 2050, as passed by the House, as follows:
3 1. Page 1, by striking lines 5 through 27 and
4 inserting the following:
5 ""Section 1. Section 135L.2, as enacted by 1996
6 Iowa Acts, Senate File 13, section 2, is amended to
7 read as follows:
8 135L.2 PROSPECTIVE MINOR PARENTS DECISION-MAKING
9 ASSISTANCE PROGRAM ESTABLISHED.
10 1. A decision-making assistance program is created
11 to provide assistance to minors in making informed
12 decisions relating to pregnancy. The program shall
13 offer and include all of the following:
14 a. (1) A video, to be developed by a person
15 selected through a request for proposals process or
16 other contractual agreement, which provides
17 information regarding the various options available to
18 a pregnant minor with regard to the pregnancy,
19 including a decision to continue the pregnancy to term
20 and retain parental rights following the child's
21 birth, a decision to continue the pregnancy to term
22 and place the child for adoption following the child's
23 birth, and a decision to terminate the pregnancy
24 through abortion. The video shall provide the
25 information in a manner and language, including but
26 not limited to, the use of closed captioning for the
27 hearing-impaired, which could be understood by a
28 minor.
29 (2) The video shall explain that public and
30 private agencies are available to assist a pregnant
31 minor with any alternative chosen.
32 (3) The video shall explain that if the pregnant
33 minor decides to continue the pregnancy to term, and
34 to retain parental rights to the child, the father of
35 the child is liable for the support of the child.
36 (4) The video shall explain that tendering false
37 documents is a fraudulent practice in the fourth
38 degree pursuant to section 135L.7.
39 b. Written written decision-making materials
which
40 include all of the following:
41 (1) a. Information regarding the option
scribed~
42 in the video including information regarding the
43 agencies and programs available to provide assistance
44 to the pregnant minor in parenting a child;
45 information relating to adoption including but not
46 limited to information regarding child-placing
47 agencies; and information regarding abortion including
48 but not limited to the legal requirements relative to
49 the performance of an abortion on a pregnant minor.
50 The information provided shall include information
Page 2
1 explaining that if a pregnant minor decides to
2 continue the pregnancy to term and to retain parental
3 rights, the father of the child is liable for the
4 support of the child and that if the pregnant minor
5 seeks public assistance on behalf of the child, the
6 pregnant minor shall, and if the pregnant minor is not
7 otherwise eligible as a public assistance recipient,
8 the pregnant minor may, seek the assistance of the
9 child support recovery unit in establishing the
10 paternity of the child, and in seeking support
11 payments for a reasonable amount of the costs
12 associated with the pregnancy, medical support, and
13 maintenance from the father of the child, or if the
14 father is a minor, from the parents of the minor
15 father. The information shall include a listing of
16 the agencies and programs and the services available
17 from each.
18 (2) b. A workbook which is to be used in
viewing
19 the video and which includes a questionnaire and
20 exercises to assist a pregnant minor in viewing the
21 video and in considering the options available
22 regarding the minor's pregnancy.
23 (3) c. A detachable certification form to be
24 signed by the pregnant minor certifying that the
25 pregnant minor was offered a viewing of the video and
26 the written decision-making materials.
27 2. a. The video shall be available through the
28 state and local offices of the Iowa department of
29 public health, the department of human services, and
30 the judicial department and through the office of each
31 licensed physician who performs abortions.
32 b. The video may be available through the office
33 of any licensed physician who does not perform
34 abortions, upon the request of the physician; through
35 any nonprofit agency serving minors, upon the request
36 of the agency; and through any other person providing
37 services to minors, upon the request of the person.
38 3. 2. During the initial appointment between a
39 licensed physician and a pregnant minor, a licensed
40 physician, who is providing medical services to a
41 pregnant minor, shall offer the viewing of the video
42 and the written decision-making materials to the
43 pregnant minor, and shall obtain the signed and dated
44 certification form from the pregnant minor. If the
45 pregnant minor has previously been offered the viewing
46 of the video and the written decision-making materials
47 by another source, the licensed physician shall obtain
48 the completed certification form from the other source
49 to verify that the pregnant minor has been offered the
50 viewing of the video and the written decision-making
Page 3
1 materials. A licensed physician shall not perform an
2 abortion on a pregnant minor prior to obtaining the
3 completed certification form from a pregnant minor.
4 If the pregnant minor decides to terminate parental
5 rights following the child's birth, a copy of the
6 completed certification form shall be attached to the
7 petition for termination of parental rights.
8 4. 3. A pregnant minor shall be encouraged to
9 select a responsible adult, preferably a parent of the
10 pregnant minor, to accompany the pregnant minor in
11 viewing the video and receiving the decision-making
12 materials.
13 5. 4. To the extent possible and at the
discretion
14 of the pregnant minor, the person responsible for
15 impregnating the pregnant minor shall also be involved
16 in the viewing of the video and in the receipt of
17 written decision-making materials.
18 6. 5. Following the offering of the viewin
the~
19 video and of the written decision-making materials,
20 the pregnant minor shall sign and date the
21 certification form attached to the materials, and
22 shall submit the completed form to the licensed
23 physician or provide the person making the offer with
24 information to send the completed form to the pregnant
25 minor's attending physician. The person offering the
26 viewing of the video and the decision-making materials
27 shall also provide a copy of the completed
28 certification form to the pregnant minor."
29 2. Page 1, line 28, by striking the word
30 "paragraph" and inserting the following: "paragraphs
31 b and".
32 3. Page 1, line 30, by striking the word "is" and
33 inserting the following: "are".
34 4. Page 1, by inserting after line 30 the
35 following:
36 "b. The pregnant minor may participate in the
37 court proceedings on the pregnant minor's own behalf.
38 The court may appoint a guardian ad litem for the
39 pregnant minor and the court shall appoint a guardian
40 ad litem for the pregnant minor if the pregnant minor
41 is not accompanied by a responsible adult or if the
42 pregnant minor has not viewed the video as provided
43 pursuant to section 135L.2. In appointing a guardian
44 ad litem for the pregnant minor, the court shall
45 consider a person licensed to practice psychology
46 pursuant to chapter 154B, a licensed social worker
47 pursuant to chapter 154C, a licensed marital and
48 family therapist pursuant to chapter 154D, or a
49 licensed mental health counselor pursuant to chapter
50 154D to serve in the capacity of guardian ad litem.
Page 4
1 The court shall advise the pregnant minor of the
2 pregnant minor's right to court-appointed legal
3 counsel, and shall, upon the pregnant minor's request,
4 provide the pregnant minor with court-appointed legal
5 counsel, at no cost to the pregnant minor."
6 5. Page 1, by inserting after line 35 the
7 following:
8 "Sec. ___. Section 135L.5, subsections 6 through
9 10, as enacted by the 1996 Iowa Acts, Senate File 13,
10 section 5, are amended to read as follows:
11 6. The advisory committee shall do all of the
12 following:
13 a. Develop criteria for the selection of a person,
14 through a request for proposals process or other
15 contractual agreement, to develop the video described
16 in this chapter. Following receipt of applications,
17 or upon agreement of a simple majority of the voting
18 members to a contractual agreement, the advisory
19 committee shall also select the recipient of the
20 contract for development of the video.
21 b. Develop criteria for information to be included
22 in the video. The criteria shall, at a minimum,
23 require that the person developing the video request
24 input from a variety of interest groups and
25 perspectives which have an interest in pregnancy-
26 related issues and that the video present the various
27 perspectives in an unbiased manner.
28 c. Develop a process for and provide for the
29 distribution of the video and develop confidentiality
30 requirements relating to the persons involved in
31 viewing the video.
32 d. a. Promote use of the video and written
33 decision-making materials through public service
34 announcements and other media formats.
35 e. b. Provide ongoing evaluation of the
36 prospective minor parents decision-making assistance
37 program including evaluation of the video and written
38 document and of the notification and waiver system,
39 and make recommendations for improvement.
40 f. c. Receive input from the public regarding the
41 program through the use of public hearings, focus
42 groups, surveys, and other formats.
43 7. The committee, upon the advice of the Iowa
44 department of public health, may receive gifts,
45 grants, or donations for the purpose of implementing
46 and continuing the program.
47 8. The advisory committee and the producer of the
48 video shall attempt to complete and distribute the
49 video for use not later than January 1, 1997.
50 9. 8. The advisory committee shall submit a
report
Page 5
1 to the general assembly on or before January 8, 1997,
2 regarding the progress of the committee in completing
3 the committee's duties regarding the development and
4 distribution of the video.
5 10. 9. The Iowa department of public health shall
6 provide administrative support to the advisory
7 committee."
8 6. Page 1, by striking lines 43 and 44 and
9 inserting the following: "inapplicability of section
10 135L.2 with regard to the required offering of the
11 viewing of the video of".
12 7. Page 1, line 48, by striking the words "or of
13 section" and inserting the following: "or of
14 section".
15 8. Page 3, by inserting after line 26 the
16 following:
17 "Sec. ___. 1996 Iowa Acts, Senate File 13, section
18 14, is amended to read as follows:
19 SEC. 14. EFFECTIVE DATE. The section of this Act
20 which creates section 135L.5 relating to the
21 establishment of the advisory committee, being deemed
22 of immediate importance, takes effect upon enactment.
23 The advisory committee shall be appointed within sixty
24 days of the enactment of this Act and may begin
25 performing committee duties prior to the beginning of
26 the official commencement of the terms of the
27 committee members as provided in section 135L.5 as
28 created in this Act.
29 If the advisory committee created pursuant to
30 section 135L.5 has completed its duties regarding the
31 development and distribution of the video pursuant to
32 section 135L.2 prior to January 1, 1997, the remainder
33 of this Act takes effect January 1, 1997. However,
34 even if the advisory committee has not completed its
35 duties prior to January 1, 1997, and the video is not
36 developed and distributed prior to January 1, 1997,
37 the remaining sections of this Act, exclusive of the
38 section which creates section 135L.5, and exclusive of
39 the section and provisions which relate to
40 development, distribution, and offering of the video
41 and the written decision-making materials, take effect
42 January 1, 1997.
43 Sec. ___. 1996 Iowa Acts, Senate File 13, section
44 15, is amended to read as follows:
45 SEC. 15. REPEAL - ADVISORY COMMITTEE. Section
46 135L.5 is repealed effective January 1, 1999, or two
47 years following the distribution date of the video as
48 determined by the advisory committee, whichever is
49 later."
50 9. By renumbering as necessary.
Boddicker of Cedar rose on a point of order that amendment
H-5948 was not germane, to the Senate amendment H-5927.
The Speaker ruled the point not well taken and amendment H-5948
germane, to the Senate amendment H-5927.
Doderer of Johnson moved the adoption of amendment H-5948, to
the Senate amendment H-5927.
A non-record roll call was requested.
The ayes were 30, nays 49.
Amendment H-5948 lost.
On motion by Veenstra of Sioux, the House concurred in the
Senate amendment H-5927.
Veenstra of Sioux moved that the bill, as amended by the Senate
and concurred in by the House, 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. 2050)
The ayes were, 91:
Arnold Baker Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Disney Doderer Drake
Drees Eddie Fallon Garman
Gipp Greig Greiner Gries
Grubbs Hahn Halvorson Hammitt
Barry Hanson Harper Harrison Heaton
Holveck Houser Hurley Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May McCoy Mertz
Metcalf Meyer Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Schrader Schulte
Shoultz Sukup Taylor Teig
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 9:
Bell Brammer Dinkla Ertl
Grundberg Millage Salton Siegrist
Thomson
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Blodgett of Cerro Gordo called up for consideration House File
2201, a bill for an act relating to defining the practice of
dentistry, amended by the Senate, and moved that the House
concur in the following Senate amendment H-5940:
H-5940
1 Amend House File 2201 as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 4 through 8 and
4 inserting the following:
5 "2. Persons who perform examination,".
6 2. Page 1, line 13, by striking the words "or
7 adjacent".
The motion prevailed and the House concurred in the Senate
amendment H-5940.
Blodgett of Cerro Gordo moved that the bill, as amended by the
Senate and concurred in by the House, 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. 2201)
The ayes were, 88:
Arnold Baker Bernau Blodgett
Boggess Bradley Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett
Disney Doderer Drake Drees
Eddie Fallon Garman Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larson Lord
Main Mascher May McCoy
Mertz Metcalf Meyer Moreland
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Schrader
Schulte Shoultz Sukup Taylor
Teig Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 12:
Bell Boddicker Brammer Dinkla
Ertl Gipp Larkin Martin
Millage Salton Siegrist Thomson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House
Files 2050, 2201 and Senate File 2168.
Ways and Means Calendar
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, with report of committee recommending amendment and
passage, was taken up for consideration.
Nelson of Marshall offered amendment H-5602 filed by the
committee on economic development as follows:
H-5602
1 Amend Senate File 2351, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 7, by inserting after the word
4 "year." the following: "Notwithstanding section 8.33,
5 moneys in the account at the end of each fiscal year
6 shall not revert to any other fund but shall remain in
7 the account for appropriation in a subsequent fiscal
8 year."
9 2. Page 1, by striking lines 8 and 9.
10 3. Page 1, line 11, by striking the words and
11 figure "unnumbered paragraph 1,".
12 4. Page 1, line 16, by striking the words and
13 figure "unnumbered paragraph 1,".
14 5. Page 1, line 17, by striking the word
15 "unnumbered".
16 6. Page 1, line 19, by inserting before the word
17 "Moneys" the following: "c."
18 7. Page 1, line 28, by inserting after the word
19 "network" the following: "and business consortia".
20 8. Page 1, by striking lines 31 through 34 and
21 inserting the following: "training project under
22 chapter 260F."
23 9. Page 2, by inserting after line 1 the
24 following:
25 " . The loan loss reserve program."
26 10. Page 2, line 4, by striking the words "excess
27 funds for" and inserting the following: "assets for
28 other innovative skill development activities or".
29 11. Page 2, line 5, by inserting after the word
30 "the" the following: "department of education or
31 the".
32 12. Page 2, by inserting after line 6 the
33 following:
34 "Sec. ___. Section 15.343, subsection 3, Code
35 Supplement 1995, is amended to read as follows:
36 3. The director shall submit annually not later
37 than January 1 of each year at a regular or special
38 meeting preceding the beginning of the fiscal year,
39 for approval by the economic development board, the
40 proposed allocation of funds from the workforce
41 development fund to be made for that the next fiscal
42 year for the programs and purposes contained in
43 subsection 2. The director shall also submit a copy
44 of the proposed allocation to the chairpersons of the
45 joint economic development appropriations subcommittee
46 of the general assembly. Subject to approval under
47 Notwithstanding section 8.39 for transfer of
48 allocations between programs contained in subsection
49 2, the plan may provide for increased or decreased
50 allocations if the demand for a program indicates that
Page 2
1 the need is greater or lesser than the allocation for
2 that program. The director shall report on a
3 quarterly basis to the board on the status of the
4 funds and may present proposed revisions for approval
5 by the board in January and April of each year. The
6 director shall also provide quarterly reports to the
7 legislative fiscal bureau on the status of the funds.
8 Unobligated and unencumbered moneys remaining in the
9 workforce development fund or any of its accounts on
10 June 30 of each year shall be considered part of the
11 fund for purposes of the next year's allocation.
12 Sec. ___. Section 15.343, Code Supplement 1995, is
13 amended by adding the following new subsection:
14 NEW SUBSECTION. 4. Notwithstanding subsection 1,
15 paragraph "c", if a specific appropriation is not
16 enacted to the fund from the workforce development
17 account created in section 15.342A, moneys credited to
18 the fund under section 422.16A shall be transferred to
19 the workforce development fund in accordance with
20 section 8.31 as if the moneys had been appropriated to
21 the workforce development fund."
22 13. Page 2, by striking lines 9 through 12 and
23 inserting the following:
24 "The department shall use information from the
25 customer tracking system administered by the
26 department of workforce development under section
27 84A.2, if enacted by Senate File 2409 or House File
28 2463, to determine the economic impact of the
29 programs. To the extent possible, the department
30 shall".
31 14. Page 2, by striking lines 22 through 24 and
32 inserting the following: "from withholding from jobs
33 created under the agreement. A provision in an
34 agreement for which a supplemental credit from
35 withholding is included shall provide for the
36 following:"
37 15. By striking page 2, line 35, through page 3,
38 line 2, and inserting the following:
39 "3. That the supplemental new jobs credit from
40 withholding shall only be collected on those projects
41 where incremental property taxes have been reduced or
42 lost due to the elimination of the property tax on
43 industrial machinery, equipment, and computers under
44 section 427B.17."
45 16. Page 4, line 18, by inserting after the word
46 "dispute" the following: "in Iowa".
47 17. Page 4, line 29, by inserting after the word
48 "dispute" the following: "in Iowa".
49 18. Page 12, by striking lines 5 and 6.
50 19. Page 12, line 9, by striking the figure "2,".
Page 3
1 20. Title page, by striking lines 4 through 7 and
2 inserting the following: "new jobs credit from
3 withholding, making a contingent annual appropriation,
4 making an annual allocation from an".
5 21. By renumbering as necessary.
Nelson of Marshall offered the following amendment H-5943, to
the committee amendment H-5602, filed by her and moved its
adoption:
H-5943
1 Amend the amendment, H-5602, to Senate File 2351,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 3 through 9.
5 2. Page 1, by inserting after line 11 the
6 following:
7 " . Page 1, line 13, by inserting before the
8 word "Repayment" the following: "c.""
9 3. Page 1, by striking lines 18 and 19 and
10 inserting the following:
11 " . Page 1, by striking line 28.""
12 4. Page 1, by striking lines 23 through 31 and
13 inserting the following:
14 " . Page 2, line 1, by inserting after the word
15 "including" the following: "new or statewide".
16 . Page 2, by striking lines 2 through 6 and
17 inserting the following:
18 "e. Innovative skill development activities.""
19 5. Page 2, by striking lines 12 through 21.
20 6. Page 2, by striking lines 39 through 44 and
21 inserting the following:
22 ""3. That the employer shall agree to pay wages
23 for the jobs for which the credit is taken of at least
24 the average county wage or average regional wage,
25 whichever is lower, as compiled annually by the
26 department for the community economic betterment
27 program. For the purposes of this section, the
28 average regional wage shall be compiled based upon the
29 service delivery areas in section 84B.2, if enacted by
30 1996 Iowa Acts, Senate File 2409. Eligibility for the
31 supplemental credit shall be based on a one-time
32 determination of starting wages by the community
33 college.""
34 7. Page 2, by inserting after line 48 the
35 following:
36 " . Page 10, by striking lines 3 through 23."
37 8. Page 2, by striking lines 49 and 50 and
38 inserting the following:
39 " . Page 12, by striking lines 9 and 10."
40 9. Page 3, line 3, by striking the words "making
41 a contingent annual appropriation,".
42 10. By renumbering, relettering, and
43 redesignating as necessary.
Amendment H-5943 was adopted.
On motion by Nelson of Marshall, the committee amendment H-5602,
as amended, was adopted.
Shoultz of Black Hawk offered the following amendment H-5727
filed by him and Witt and moved its adoption:
H-5727
1 Amend Senate File 2351, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 1 the
4 following:
5 " . Notwithstanding paragraphs "a" through "d",
6 at least one million dollars of the assets of the fund
7 shall be used each year for a summer youth program to
8 serve youth in areas with high juvenile crime rates
9 and high minority populations in cities with
10 populations exceeding fifty thousand according to the
11 1990 census."
12 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 30, nays 49.
Amendment H-5727 lost.
Shoultz of Black Hawk offered amendment H-5918 filed by him as
follows:
H-5918
1 Amend Senate File 2351, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, by striking lines 10 through 20.
4 2. By renumbering as necessary.
Shoultz of Black Hawk asked for consent to defer action on
Senate File 2351.
Objection was raised.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-5918.
The House stood at ease at 2:30 p.m., until the fall of the
gavel.
The House resumed session at 3:16 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Shoultz of Black Hawk offered the following amendment H-5957
filed by him from the floor and moved its adoption:
H-5957
1 Amend Senate File 2351, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, line 18, by inserting after the word
4 "needs." the following: "Community colleges shall
5 develop a one-stop administrative structure to
6 coordinate the delivery of services under this
7 section."
Amendment H-5957 lost.
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?" (S.F. 2351)
The ayes were, 93:
Arnold Baker Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Disney Doderer Drake
Drees Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Heaton Holveck Houser Hurley
Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy
Mertz Metcalf Meyer 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
Weigel Welter Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 7:
Bell Brammer Dinkla Harrison
Millage Salton Siegrist
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
CONFERENCE COMMITTEE APPOINTED
(Senate File 2154)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 2154: Veenstra of Sioux, Chair;
Coon of Warren, Boddicker of Cedar, Moreland of Wapello and
Osterhaus of Jackson.
SENATE AMENDMENT CONSIDERED
Arnold of Lucas called up for consideration House File 2383, a
bill for an act relating to issuance of free deer and wild
turkey hunting licenses to certain landowners and tenants,
amended by the Senate amendment H-5877 as follows:
H-5877
1 Amend House File 2383, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by inserting after line 20 the
4 following:
5 3. The director shall provide nonresident deer
6 hunting licenses for allocation as requested by a
7 majority of a committee consisting of the majority
8 leader of the senate, speaker of the house of
9 representatives, and director of the department of
10 economic development, or their designees. If a deer
11 hunt for nonresidents is organized by the governor,
12 the governor shall allocate the nonresident licenses
13 for the nonresident guests and dignitaries. The
14 licenses provided pursuant to the subsection shall be
15 in addition to the number of nonresident licenses
16 authorized pursuant to section 483A.8. The purpose of
17 the special nonresident licenses is to allow state
18 officials and local development groups to promote the
19 state and its natural resources to nonresident guests
20 and dignitaries. Photographs, video tapes, or any
21 other form of media resulting from the hunting
22 visitation shall not be used for political campaign
23 purposes. The nonresident licenses shall be issued
24 without application upon payment of the nonresident
25 deer hunting license fee and the wildlife habitat
26 stamp fee. The licenses are valid in all zones open
27 to deer hunting. The hunter safety and ethics
28 education certificate requirement pursuant to section
29 483A.27 is waived for a nonresident issued a license
30 pursuant to this subsection.
31 4. The director shall provide nonresident wild
32 turkey hunting licenses for allocation as requested by
33 a majority of a committee consisting of the majority
34 leader of the senate, speaker of the house of
35 representatives, and director of the department of
36 economic development, or their designees. If a wild
37 turkey hunt for nonresidents is organized by the
38 governor, the governor shall allocate the nonresident
39 licenses for the nonresident guests and dignitaries.
40 The licenses provided pursuant to the subsection shall
41 be in addition to the number of nonresident licenses
42 authorized pursuant to section 483A.7. The purpose of
43 the special nonresident licenses is to allow state
44 officials and local development groups to promote the
45 state and its natural resources to nonresident guests
46 and dignitaries. Photographs, video tapes, or any
47 other form of media resulting from the hunting
48 visitation shall not be used for political campaign
49 purposes. The nonresident licenses shall be issued
50 without application upon payment of the nonresident
Page 2
1 wild turkey hunting license fee and the wildlife
2 habitat stamp fee. The licenses are valid in all
3 zones open to wild turkey hunting. The hunter safety
4 and ethics education certificate requirement pursuant
5 to section 483A.27 is waived for a nonresident issued
6 a license pursuant to this subsection."
Arnold of Lucas offered the following amendment H-5912, to the
Senate amendment H-5877 filed by him and moved its adoption:
H-5912
1 Amend the amendment, H_5877, to House File 2383, as
2 amended, passed, and reprinted by the House, as
3 follows:
4 1. Page 1, line 5, by inserting after the word
5 "provide" the following: "up to twenty-five".
6 2. Page 1, by striking lines 10 through 13 and
7 inserting the following: "economic development, or
8 their designees. The".
9 3. Page 1, line 31, by inserting after the word
10 "provide" the following: "up to twenty-five".
11 4. Page 1, by striking lines 36 through 39 and
12 inserting the following: "economic development, or
13 their designees."
Amendment H-5912 was adopted.
On motion by Arnold of Lucas, the House concurred in the Senate
amendment H-5877, as amended.
Arnold of Lucas moved that the bill, as amended by the Senate,
further amended and concurred in by the House, 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. 2383)
The ayes were, 82:
Arnold Bernau Blodgett Boddicker
Boggess Bradley Brand Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Cohoon Coon Corbett, Spkr.
Cormack Daggett Disney Drake
Drees Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Main Martin Mascher
May McCoy Mertz Metcalf
Meyer Moreland Mundie Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants
Schulte Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Van Maanen,
Presiding
The nays were, 11:
Baker Churchill Connors Doderer Fallon
Holveck Murphy Renken
Schrader Shoultz Witt
Absent or not voting, 7:
Bell Brammer Dinkla Heaton
Millage Salton Siegrist
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE INSISTS
Houser of Pottawattamie called up for consideration 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 and moved that the House
insist on its amendment, which motion prevailed.
CONFERENCE COMMITTEE APPOINTED
(Senate File 2442)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 2442: Houser of Pottawattamie,
Chair; Carroll of Poweshiek, Arnold of Lucas, Jochum of Dubuque
and Fallon of Polk.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that the
following bills be immediately messages to the Senate: House
File 2383 and Senate File 2351.
Unfinished Business Calendar
House File 2457, a bill for an act relating to termination of
rental agreements and notice provisions for actions to recover
property, was taken up for consideration.
Carroll of Poweshiek offered the following amendment H-5259
filed by him and moved its adoption:
H-5259
1 Amend House File 2457 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 562A.8, subsections 1 and 3,
5 Code 1995, are amended by striking the subsections.
6 Sec. 2. Section 562A.8, subsection 2, Code 1995,
7 is amended to read as follows:
8 2. A person "notifies" or "gives" a notice or
9 notification to another by taking steps reasonably
10 calculated to inform the other in ordinary course
11 whether or not the other actually comes to know of it.
12 A person "receives" a notice or notification when it
13 comes to that person's attention or in the case of the
14 landlord, it is delivered at in hand or mailed by
15 certified mail, or restricted certified mail to the
16 place of business of the landlord through which the
17 rental agreement was made or at a place held out by
18 the landlord as the place for receipt of the
19 communication or delivered to any individual who is
20 designated as an agent of the landlord or, when in the
21 case of the tenant, it is delivered in hand to the
22 tenant or mailed by registered or certified mail or
23 restricted certified mail to such person at the place
24 held out by such person as the place for receipt of
25 the communication, or in the absence of such
26 designation, to such person's last known place of
27 residence."
28 2. Page 1, by inserting after line 17 the
29 following:
30 "Sec. ___. Section 562B.9, subsections 1 and 3,
31 Code 1995, are amended by striking the subsections.
32 Sec. ___. Section 562B.9, subsection 2, Code 1995,
33 is amended to read as follows:
34 2. A person "notifies" or "gives" a notice or
35 notification to another by taking steps reasonably
36 calculated to inform the other in ordinary course
37 whether or not the other actually comes to know of it.
38 A person "receives" a notice or notification when it
39 comes to that person's attention, or in the case of
40 the landlord, it is delivered in hand or mailed by
41 registered certified mail or restricted certified
mail
42 to the place of business of the landlord through which
43 the rental agreement was made or at any place held out
44 by the landlord as the place for receipt of the
45 communication or delivered to any individual who is
46 designated as an agent by section 562B.14 or, in the
47 case of the tenant, it is delivered in hand to the
48 tenant or mailed by registered mail return receipt
49 requested certified mail or restricted certified
mail
50 to the tenant at the place held out by the tenant as
Page 2
1 the place for receipt of the communication or, in the
2 absence of such designation, to the tenant's last
3 known place of residence other than the landlord's
4 mobile home or space."
5 3. Title page, line 1, by inserting after the
6 word "agreements" the following: ", the definition of
7 notice,".
8 4. By renumbering as necessary.
Amendment H-5259 was adopted.
SENATE FILE 2372 SUBSTITUTED FOR HOUSE FILE 2457
Carroll of Poweshiek asked and received unanimous consent to
substitute Senate File 2372 for House File 2457.
Senate File 2372, a bill for an act relating to termination of
rental agreements, the definition of notice, and notice
provisions for actions to recover property, was taken up for
consideration.
Holveck of Polk asked and received unanimous consent that
amendment H-5954 be deferred.
McCoy of Polk asked and received unanimous consent that
amendment H-5950 be deferred.
Kreiman of Davis asked and received unanimous consent that
amendment H-5946 be deferred.
Holveck of Polk asked and received unanimous consent that
amendment H-5953 be deferred.
Fallon of Polk asked and received unanimous consent that
amendment H-5952 be deferred.
Kreiman of Davis offered the following amendment H-5945 filed by
him and moved its adoption:
H-5945
1 Amend Senate File 2372, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 22 through 29.
4 2. By renumbering as necessary.
Amendment H-5945 was adopted.
The following amendments were withdrawn by unanimous consent:
H-5932, previously deferred, filed by Fallon of Polk on April
11, 1996.
H-5933, filed by Kreiman of Davis on April 11, 1996.
H-5946, previously deferred, filed by Kreiman of Davis on April
12, 1996.
H-5947, filed by Kreiman of Davis on April 12, 1996.
H-5951, filed by Fallon of Polk from the floor.
H-5952, filed by Fallon of Polk from the floor
McCoy of Polk offered the following amendment H-5955 filed by
him from the floor and moved its adoption:
H-5955
1 Amend Senate File 2372, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 25 the
4 following:
5 "Sec. ___. Section 562B.10, subsection 4, Code
6 1995, is amended to read as follows:
7 4. Rental agreements shall be for a term of one
8 year unless otherwise specified in the rental
9 agreement. Rental agreements shall be canceled by at
10 least sixty days' written notice given by either
11 party. A landlord shall cancel a rental agreement
12 only for good cause and shall not cancel a rental
13 agreement solely for the purpose of making the
14 tenant's mobile home space available for another
15 mobile home."
16 2. By renumbering as necessary.
Roll call was requested by McCoy of Polk and Fallon of Polk.
On the question "Shall amendment H-5955 be adopted?" (S.F. 2372)
The ayes were, 31:
Baker Bernau Brand Branstad
Burnett Cohoon Connors Coon
Doderer Fallon Harper Holveck
Jochum Kreiman Larkin Mascher
May McCoy Moreland Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Taylor
Warnstadt Weigel Witt
The nays were, 58:
Arnold Boddicker Boggess Bradley
Brauns Brunkhorst Carroll Cataldo
Churchill Corbett, Spkr. Cormack Daggett
Disney Drake Drees Eddie
Ertl Garman Gipp Greig
Greiner Gries Hahn Halvorson
Hammitt Barry Hanson Harrison Heaton
Houser Hurley Huseman Jacobs
Klemme Koenigs Kremer Lamberti
Larson Lord Main Martin
Mertz Metcalf Meyer Mundie
Nelson, B. Nutt Rants Renken
Schulte Sukup Teig Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 11:
Bell Blodgett Brammer Dinkla
Grubbs Grundberg Millage Salton
Siegrist Thomson Wise
Amendment H-5955 lost.
The following amendments were withdrawn by unanimous consent:
H-5934 filed by Holveck of Polk on April 11, 1996.
H-5935 filed by Holveck of Polk on April 11, 1996.
H-5936 filed by McCoy of Polk on April 11, 1996.
H-5950, previously deferred, filed by McCoy of Polk from the
floor.
H-5953, previously deferred, filed by Holveck of Polk from the
floor.
H-5954, previously deferred, filed by Holveck of Polk from the
floor.
Carroll of Poweshiek 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. 2372)
The ayes were, 66:
Arnold Baker Blodgett Boddicker
Boggess Bradley Branstad Brauns
Brunkhorst Carroll Cataldo Churchill
Cohoon Coon Corbett, Spkr. Cormack
Daggett 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
Mertz Metcalf Meyer Moreland
Mundie Nelson, B. Nutt Rants
Renken Schulte Sukup Teig
Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Welter
Wise Van Maanen,
Presiding
The nays were, 27:
Bernau Brand Burnett Connors
Doderer Drees Fallon Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May McCoy
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Weigel Witt
Absent or not voting, 7:
Bell Brammer Dinkla Grubbs
Millage Salton Siegrist
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
Senate File 2372 be immediately messaged to the Senate.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Thursday
afternoon, April 11, 1996, and Friday, April 12, 1996. Had I
been present, I would have voted "aye" on House Files 2453,
2497, 2498 and Senate Files 2097, 2298, 2448, 2453 and 2464; and
I would have voted "nay" on amendment H-5896 to Senate File
2464.
BRAUNS of Muscatine
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 fifteenth day of April, 1996: House Files: 569, 2166, 2229,
2259, 2390, 2419, 2422 and 2433.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 15, 1996, he approved and transmitted to the Secretary
of State the following bills:
House File 111, an act exempting from regulation certain
homeowners' association swimming pools.
House File 210, an act authorizing a court to require a criminal
offender as part of a restitution order to make financial
contributions to a local anticrime organization.
House File 514, an act relating to Iowa motor vehicle
registration plates, by providing for special United States
armed forces retired plates, special Iowa heritage plates and an
Iowa heritage fund, education plates and transfer and
appropriation of revenue from the sale of the plates to the
school budget review committee, and special silver and bronze
star plates, providing for special registration plates with
distinguishing processed emblems, providing for required plate
specifications, making penalties applicable, and providing an
effective date.
House File 2190, an act relating to the publication of certain
notices, ordinances, and amendments by the superintendent of
printing.
House File 2350, an act relating to motor vehicle dimensional
and weight requirements and certificates of title for commercial
vehicles and providing an effective date.
House File 2407, an act relating to legal publications and
related products prepared and distributed under the authority of
the general assembly.
House File 2444, an act relating to energy conservation
including making appropriations of petroleum overcharge funds.
Senate File 2101, an act relating to the disbursement of the
remaining funds in a nonguaranteed irrevocable burial trust fund
following satisfaction of payment in accordance with an
agreement for funeral merchandise and funeral services.
Senate File 2159, an act relating to evaluator licensing of
educators.
Senate File 2186, an act relating to transportation-related
sanctions by increasing penalties for certain offenses,
providing for the issuance of temporary restricted licenses for
certain offenses, providing scheduled fines for various
violations, prohibiting certain activities of motor vehicle
dealers.
Senate File 2287, an act relating to the limitations on the use
of toxic materials in packaging and providing additional
exemptions.
Senate File 2348, an act relating to agricultural limestone, and
providing penalties, fees, and an effective date.
Senate File 2353, an act relating to satellite terminals and
establishing certain requirements for such terminals of a
financial institution with a principal place of business in
another state.
Senate File 2410, 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.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Seventeen high school students from Sheldon Community School,
Sheldon, accompanied by Mr. Joe McKee and Mr. Royd Chambers. By
Vande Hoef of Osceola.
Fifty-six fifth and sixth grade students from Baxter Elementary,
Baxter, accompanied by Mr. Engel and Mr. Geilenfeldt. By Bell of
Jasper.
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\474 Pocahontas Area Community High School, Pocahontas - For
winning the Iowa Mock Trial Competition.
1996\475 Josh Marburger, Camanche - For his winning essay in the
"My American Hero" contest sponsored by VFW Post and Auxiliary
#9664.
1996\476 Grace Naughton, Clinton - For celebrating her Eightieth
birthday.
1996\477 Mildred Larkin, Clinton - For celebrating her Eightieth
birthday.
1996\478 Marvin Sorenson, Council Bluffs - For celebrating his
Eighty-sixth birthday.
1996\479 Eleanor and Lyle Lester, Council Bluffs - For
celebrating their Fiftieth wedding anniversary.
1996\480 Vicki Leaders, Iowa Western Community College, Council
Bluffs - For receiving the 1995 Education Secretary's Award for
Outstanding Vocational-Technical Education.
1996\481 Katie Busch, Marcus - For being selected as a 1996
National Merit Scholarship Finalist.
1996\482 Bertha Gartman, Maquoketa - For celebrating her
Eightieth birthday.
1996\483 Kim Huckstadt, Maquoketa - For being named Girl's
Basketball Coach of the Year at the Big Bend Conference.
1996\484 Marie Hansen, Coulter - For celebrating her Ninetieth
birthday.
1996\485 Rich Bahr, Cresco - For being named the 1995 Nine-Hole
Superintendent of the Year by the Iowa Golf Association.
1996\486 Kim Lynch, New Hampton - For being named the 1995 Iowa
Beef Queen.
1996\487 Reggie Ollendieck, Crestwood High School - For being
named to the 1996 1st All-State Boys Basketball Team.
1996\488 Barry Van Duyn, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\489 Teresa Gansen, Zwingle - For attaining the Girl Scout
Gold Award, the highest award in Girl Scouting.
1996\490 Joshua Baade, Cedar Falls - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
RESOLUTION FILED
HCR 127, by Bradley and Branstad, a concurrent resolution to
request the establishment of a legislative interim committee to
study issues relating to efforts to reduce and recycle solid
waste.
Laid over under Rule 25.
AMENDMENTS FILED
H-5956 S.F. 2365 Tyrrell of Iowa
H-5958 S.F. 2195 Brunkhorst of Bremer
H-5959 H.F. 2496 Vande Hoef of Osceola
On motion by Rants of Woodbury, the House adjourned at 5:02
p.m., until 8:45 a.m., Tuesday, April 16, 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
Comments? hjourn@legis.iowa.gov.
Last update: Tue Apr 16 13:30:02 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/Day/0415.html
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