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One Hundred-first Calendar Day - Sixty-seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 17, 1996
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Douglas Swarthout, Bennezette
Wesleyan Methodist Church, Bristow.
The Journal of Tuesday, April 16, 1996 was approved.
SENATE MESSAGES CONSIDERED
Senate File 2457, by committee on ways and means, a bill for
an act relating to single-family residential construction and by
establishing a mediation process providing consumer remedies,
and providing for related matters.
Read first time and referred to committee on commerce-regulation.
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 11, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 230, a bill for an act relating to procedural
requirements for the enforcement of certain copyrights, and
providing for penalties.
Also: That the Senate has on April 16, 1996, concurred in the
House amendment to Senate amendment, and passed the following
bill in which the concurrence of the Senate was asked:
House File 2383, a bill for an act relating to issuance of free
deer and wild turkey hunting licenses to certain landowners and
tenants.
Also: That the Senate has on April 16, 1996, insisted on its
amendment to House File 2421, a bill for an act relating to and
making appropriations to the state department of transportation
including allocation and use of moneys from the general fund,
road use tax fund, and primary road fund, making appropriations
for capital projects from the rebuild Iowa infrastructure fund,
and relating to the Iowa communications network, construction
projects for the commission of veterans affairs, county fairs,
recreational trails, and nonreversion of certain appropriations,
and providing an effective date, and the members of the
Conference Committee on the part of the Senate are: The Senator
from Webster, Senator Halvorson, Chair; the Senator from
Fayette, Senator Murphy; the Senator from Pottawattamie, Senator
Gronstal; the Senator from Adair, Senator Douglas; the Senator
from Bremer, Senator Jensen.
Also: That the Senate has on April 16, 1996, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2497, a bill for an act relating to the compensation
and benefits for public officials and employees and making
appropriations.
Also: That the Senate has on April 16, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2370, a bill for an act relating to energy
efficiency and alternate energy programs, electric and gas
public utility energy efficiency mandates, and the Iowa energy
center and the center for global and regional environmental
research and requiring the location of a principal office within
the state and providing an effective date and providing an
applicability provision.
Also: That the Senate has on April 16, 1996, appointed the
conference committee to 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 the members of the Senate are: The Senator from Story,
Senator Hammond, Chair; the Senator from Scott, Senator
Deluhery; the Senator from Polk, Senator Szymoniak; the Senator
from Shelby, Senator Boettger; the Senator from Scott, Senator
Tinsman.
JOHN F. DWYER, Secretary
CONFERENCE COMMITTEE APPOINTED
(House File 2421)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning House File 2421: Millage of Scott, Chair;
Brauns of Muscatine, Bradley of Clinton, Cohoon of Des Moines
and Warnstadt of Woodbury.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of Senate File 2321, a bill for
an act relating to the nonconfidentiality of information
regarding the qualifications of interpreters for the deaf
services division of the department of human rights, previously
deferred and placed on the unfinished business calendar.
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?" (S.F. 2321)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Cormack
Daggett 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 Schrader Schulte
Shoultz Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Mr. Corbett, Speaker
The nays were, none.
Absent or not voting, 4:
Brammer Dinkla Drees Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Speaker pro tempore Van Maanen of Marion in the chair at 9:14
a.m.
Ways and Means Calendar
House File 2496, a bill for an act relating to the financial and
regulatory procedures of counties, cities, and drainage
districts, by amending the powers and duties of county
treasurers, by eliminating the filing of late claims for
property credits, by striking personal property tax credits of
military veterans, by striking outdated property tax
limitations, by amending tax sale procedures, by providing
delinquency dates for property taxes, by providing for properly
related matters, and by providing an applicability date and
effective dates, was taken up for consideration.
Heaton of Henry offered amendment H-5967 filed by him as follows:
H-5967
1 Amend House File 2496 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 330A.6, subsection 2, Code
5 1995, is amended to read as follows:
6 2. After the hearing, and if in the best interests
7 of the municipality, the municipality shall enact an
8 ordinance authorizing the creation of the authority.
9 However, within ten days of adoption of the ordinance,
10 a petition may be filed requesting that the measure be
11 approved by the registered voters of the municipality
12 before taking effect. The petition shall meet the
13 requirements of section 331.306 or 364.2, as
14 applicable. Upon receipt of such a petition, the
15 governing body may repeal the ordinance or shall
16 direct the county commissioner of elections to call a
17 special election for voter approval of the ordinance.
18 The results of the referendum are binding on any
19 further action of the board pertaining to the
20 ordinance."
21 2. By renumbering as necessary.
Myers of Johnson rose on a point of order that amendment H-5967
was not germane.
The Speaker ruled the point well taken and amendment H-5967 not
germane.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-5895 filed by him on April 9, 1996.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-5901 be deferred.
Vande Hoef of Osceola asked and received unanimous consent to
withdraw amendment H-5910 filed by Halvorson of Clayton on April
10, 1996.
Vande Hoef of Osceola offered amendment H-5890 filed by him as
follows:
H-5890
1 Amend House File 2496 as follows:
2 1. Page 7, by inserting after line 27 the
3 following:
4 "Sec. ___. Section 435.1, subsection 5, Code
5 Supplement 1995, is amended to read as follows:
6 5. "Modular home" means a factory-built structure
7 built on a permanent chassis which is manufactured to
8 be used as a place of human habitation, is constructed
9 to comply with the Iowa state building code for
10 modular factory-built structures, and must display the
11 seal issued by the state building code commissioner.
12 If a modular home is placed in a mobile home park, the
13 home is subject to the annual tax as required by
14 section 435.22. If a modular home is placed outside a
15 mobile home park, the home shall be considered real
16 property and is to be assessed and taxed as real
17 estate."
18 2. Page 8, by striking lines 13 through 26.
19 3. Page 12, by inserting after line 12 the
20 following:
21 "Sec. ___. Section 555B.4, subsection 3, Code
22 1995, is amended to read as follows:
23 3. If a tax lien exists on the mobile home or
24 personal property at the time an action for
25 abandonment is initiated, the real property owner
26 shall notify the county treasurer of each county in
27 which a tax lien appears by restricted certified mail
28 sent not less than ten days before the hearing. The
29 notice shall describe the mobile home and shall state
30 the docket, case number, date and time at which the
31 hearing is scheduled, and the county treasurer's right
32 to assert a claim to the mobile home at the hearing.
33 The notice shall also state that failure to assert a
34 claim to the mobile home is deemed a waiver of all
35 right, title, claim, and interest in the mobile home
36 and is deemed consent to the sale or disposal of the
37 mobile home.
38 Sec. ___. Section 562B.7, subsection 6, Code 1995,
39 is amended by striking the subsection and inserting in
40 lieu thereof the following:
41 6. "Mobile home park" means a site, lot, field, or
42 tract of land upon which three or more mobile homes,
43 manufactured homes, or modular homes, or a combination
44 of any of these homes are placed on developed spaces
45 and operated as a for-profit enterprise with water,
46 sewer or septic, and electrical services available."
47 4. By renumbering as necessary.
Garman of Story offered the following amendment H-5977, to
amendment H-5890, filed by her from the floor and moved its
adoption:
H-5977
1 Amend the amendment, H-5890, to House File 2496 as
2 follows:
3 1. Page 1, by striking line 18 and inserting the
4 following:
5 " . Page 8, by inserting after line 26 the
6 following:
7 "Sec. ___. Section 445.57, Code 1995, is amended
8 to read as follows:
9 445.57 MONTHLY APPORTIONMENT.
10 On or before the tenth day of each month, the
11 county treasurer shall apportion all taxes collected
12 during the preceding month, and those taxes collected
13 before the first Tuesday of the current month if the
14 delinquency date is extended as provided in section
15 445.37, except partial payment amounts collected
16 pursuant to section 445.36A, subsection 1 and section
17 435.24, subsection 6, paragraph "a", among the several
18 funds to which they belong according to the amount
19 levied for each fund, and shall apportion the
20 interest, fees, and costs on the taxes to the general
21 fund, and shall enter those amounts upon the
22 treasurer's cash account, and report the amounts to
23 the county auditor.""
24 2. By renumbering as necessary.
Amendment H-5977 was adopted.
On motion by Vande Hoef of Osceola, amendment H-5890, as
amended, was adopted.
Vande Hoef of Osceola asked and received unanimous consent to
consider amendment H-5910, previously withdrawn, filed by
Halvorson of Clayton.
Halvorson of Clayton offered the following amendment H-5910
filed by him and moved its adoption:
H-5910
1 Amend House File 2496 as follows:
2 1. By striking page 2, line 17, through page 3,
3 line 3.
4 2. By renumbering and correcting internal
5 references as necessary.
Amendment H-5910 was adopted, placing out of order amendment
H-5901, previously deferred, filed by Weigel of Chickasaw on
April 9, 1996.
Vande Hoef of Osceola offered the following amendment H-5931
filed by him and moved its adoption:
H-5931
1 Amend House File 2496 as follows:
2 1. Page 8, line 27, by striking the words
3 "unnumbered paragraph 1,".
4 2. Page 8, line 29, by striking the word "The"
5 and inserting the following: "1. The".
6 3. Page 9, by striking lines 4 and 5 and
7 inserting the following: "of purchase will be issued.
8 2. To ensure that the process is fair to all
9 bidders, an individual or agent acting on behalf of
10 another individual shall not contract with or offer
11 anything of value to another individual to place a bid
12 on a parcel as provided in subsection 1 for the
13 purpose of transferring the certificate of purchase to
14 the contractor or offeror. An individual or agent
15 acting on behalf of another individual in violation of
16 this subsection may be disqualified by a county
17 treasurer from bidding at a tax sale in this state for
18 three years.
19 3. The delinquent tax liens transfers with the tax
20 sale certificate, whether held by the county or
21 purchased by an individual, through assignment or
22 direct purchase at the tax sale. The delinquent tax
23 sale lien expires when the tax sale certificate
24 expires."
Amendment H-5931 was adopted.
Vande Hoef of Osceola asked and received unanimous consent to
withdraw amendment H-5942 filed by him on April 12, 1996.
Vande Hoef of Osceola offered the following amendment H-5959
filed by him and moved its adoption:
H-5959
1 Amend House File 2496 as follows:
2 1. Page 12, by inserting after line 12 the
3 following:
4 "Sec. ___. NEW SECTION. 509A.14A IOWA INDIVIDUAL
5 HEALTH BENEFIT REINSURANCE ASSOCIATION - ELECTION NOT
6 TO PARTICIPATE.
7 A political subdivision of the state or a school
8 corporation providing health insurance or health
9 benefits for employees pursuant to section 509A.14 may
10 elect not to participate in the Iowa individual health
11 benefit reinsurance association established in section
12 513C.10 in accordance with and subject to the terms
13 and conditions adopted by the board of the Iowa
14 individual health benefit reinsurance association.
15 Health insurance or health benefits provided by a
16 political subdivision of the state or school
17 corporation which elects not to participate in the
18 Iowa individual health benefit reinsurance association
19 shall not be considered qualifying existing coverage
20 or qualifying previous coverage as defined in section
21 513C.3."
22 2. Title page, line 8, by inserting after the
23 word "taxes," the following: "by providing for health
24 insurance and benefits,".
Amendment H-5959 was adopted.
Vande Hoef of Osceola 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. 2496)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
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 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 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, 4:
Brammer Brand Dinkla Salton
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, 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 2496 and Senate File 2321.
SENATE AMENDMENT CONSIDERED
Brunkhorst of Bremer called up for consideration House File 230,
a bill for an act relating to procedural requirements for the
enforcement of certain copyrights, and providing for penalties,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-5981:
H-5981
1 Amend House File 230, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 549.1 SHORT TITLE.
6 This chapter may be cited as the "Music Licensing
7 Fees Act".
8 Sec. 2. NEW SECTION. 549.2 DEFINITIONS.
9 As used in this chapter:
10 1. "Copyright owner" means the owner of a
11 copyright of a nondramatic musical work recognized and
12 enforceable under the copyright laws of the United
13 States under 17 U.S.C. "/g" 101 et seq.
14 2. "Performing rights society" means an
15 association or corporation, including an agent or
16 employee of the association or corporation, that
17 licenses the public performance of a nondramatic
18 musical work on behalf of a copyright owner, including
19 the American society of composers, authors and
20 publishers (ASCAP), broadcast music, inc. (BMI), and
21 the society of European stage authors and composers,
22 inc. (SESAC).
23 3. "Proprietor" means the owner of a retail
24 establishment, restaurant, inn, bar, tavern, or any
25 other similar place of business located in this state
26 in which the public may assemble and in which
27 nondramatic musical works may be performed, broadcast,
28 or otherwise transmitted.
29 4. "Royalty" or "royalties" means the license fee
30 or fees payable by a proprietor to a performing rights
31 society for the public performance of a nondramatic
32 musical work.
33 Sec. 3. NEW SECTION. 549.3 LICENSING
34 NEGOTIATIONS.
35 1. A performing rights society shall not enter
36 onto the business premises of a proprietor for the
37 purpose of discussing a contract for the payment of
38 royalties by the proprietor, unless the performing
39 rights society identifies itself to the proprietor and
40 describes to the proprietor the purpose for entering
41 onto the proprietor's business premises.
42 2. A performing rights society shall not enter
43 into, or offer to enter into, a contract for the
44 payment of royalties by a proprietor unless at the
45 time of the offer, or any later time, but not later
46 than seventy-two hours prior to the execution of the
47 contract, the performing rights society provides to
48 the proprietor, in writing, all of the following:
49 a. A schedule of the rates and terms of royalties
50 under the contract.
Page 2
1 b. Upon the request of the proprietor, the
2 opportunity to review the most current available list
3 of the members or affiliates represented by the
4 performing rights society.
5 c. Notice that the performing rights society will
6 make available, upon the written request of a
7 proprietor, at the sole expense of the proprietor, the
8 most current available listing of the copyrighted
9 nondramatic musical or similar works in the performing
10 rights society's repertory, provided that the notice
11 shall specify the means by which the listing can be
12 secured.
13 d. Notice that the performing rights society
14 complies with federal law and orders of courts having
15 appropriate jurisdiction regarding the rates and terms
16 of royalties and the circumstances under which
17 licenses for rights of public performance are offered
18 to any proprietor.
19 Sec. 4. NEW SECTION. 549.4 ROYALTY CONTRACT
20 REQUIREMENTS.
21 A contract for the payment of royalties between a
22 performing rights society and a proprietor executed in
23 this state shall meet all of the following
24 requirements:
25 1. Be in writing.
26 2. Be signed by the parties.
27 3. Include, at a minimum, the following
28 information:
29 a. The proprietor's name and business address and
30 the name and location of each place of business to
31 which the contract applies.
32 b. The name of the performing rights society.
33 c. The duration of the contract.
34 d. The schedule of rates and terms of the
35 royalties to be collected under the contract,
36 including any sliding scale or schedule for any
37 increase or decrease of rates for the duration of the
38 contract.
39 Sec. 5. NEW SECTION. 549.5 IMPROPER LICENSING
40 PRACTICES.
41 A performing rights society shall not collect, or
42 attempt to collect, from a proprietor licensed by that
43 performing rights society, a royalty payment except as
44 provided in a contract executed pursuant to the
45 provisions of this chapter.
46 Sec. 6. NEW SECTION. 549.6 INVESTIGATIONS.
47 This chapter shall not be construed to prohibit a
48 performing rights society from conducting
49 investigations to determine the existence of music use
50 by a proprietor or informing a proprietor of the
Page 3
1 proprietor's obligations under the federal copyright
2 law, 17 U.S.C. "/g" 101 et seq.
3 Sec. 7. NEW SECTION. 549.7 REMEDIES -
4 INJUNCTION.
5 A person who suffers a violation of this chapter
6 may bring an action to recover actual damages and
7 reasonable attorney's fees and to seek an injunction
8 or any other available remedy.
9 Sec. 8. NEW SECTION. 549.8 REMEDIES CUMULATIVE.
10 The rights, remedies, and prohibitions contained in
11 this chapter shall be in addition to and cumulative of
12 any other right, remedy, or prohibition accorded by
13 common law or state or federal law. This chapter
14 shall not be construed to deny, abrogate, or impair
15 any such common law or statutory right, remedy, or
16 prohibition.
17 Sec. 9. NEW SECTION. 549.9 EXCEPTIONS.
18 This chapter shall not apply to a contract between
19 a performing rights society or a copyright owner and a
20 broadcaster licensed by the federal communications
21 commission, or to a contract with a cable operator,
22 programmer, or other transmission service. This
23 chapter shall not apply to a nondramatic musical or
24 similar work performed in synchronization with an
25 audio or visual film or tape. This chapter shall also
26 not apply to the gathering of information to determine
27 compliance with or activities related to the
28 enforcement of section 714.15."
29 2. Title page, by striking line 2 and inserting
30 the following: "certain copyrights.".
The motion prevailed and the House concurred in the Senate
amendment H-5981.
Brunkhorst of Bremer 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. 230)
The ayes were, 94:
Arnold Baker Bell 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 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 Nelson, B.
Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Renken Schrader
Schulte Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 6:
Brammer Dinkla Millage Myers Salton
Shoultz
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 230 be immediately messaged to the Senate.
The House stood at ease as 10:02 a.m., until the fall of the
gavel.
The House resumed session at 10:31 a.m., Speaker pro tempore Van
Maanen of Marion in the chair.
SENATE AMENDMENT CONSIDERED
Gipp of Winneshiek called up for consideration House File 2497,
a bill for an act relating to the compensation and benefits for
public officials and employees and making appropriations,
amended by the Senate amendment H-5976 as follows:
H-5976
1 Amend House File 2497, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 5, lines 1 and 2, by striking the words
4 "secretary of the state fair board,".
5 2. Page 5, line 12, by inserting after the word
6 "administrator," the following: "secretary of the
7 state fair board,".
8 3. Page 7, by inserting after line 12 the
9 following:
10 "If the funds appropriated to the salary adjustment
11 fund pursuant to this section are insufficient to
12 fully fund the annual salary adjustments, expense
13 reimbursements, and related benefits, an amount
14 sufficient to pay any remaining obligations payable
15 from the salary adjustment fund is appropriated from
16 the general fund of the state to the salary adjustment
17 fund for that purpose."
18 4. Page 8, line 23, by inserting after the word
19 "employees" the following: "and merit supervisory
20 employees".
21 5. By renumbering, relettering, or redesignating
22 and correcting internal references as necessary.
Gipp of Winneshiek offered the following amendment H-5991, to
the Senate amendment H-5976, filed by him from the floor and
moved its adoption:
H-5991
1 Amend the amendment, H-5976, to House File 2497, as
2 amended, passed, and reprinted by the House, as
3 follows:
4 1. Page 1, by striking lines 8 through 17.
Amendment H-5991 was adopted.
On motion by Gipp of Winneshiek, the House concurred in the
Senate amendment H-5976, as amended.
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, 90:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Brauns Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Doderer
Drake Drees Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
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 Schrader Schulte Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Van Maanen,
Presiding
The nays were, 3:
Branstad Brunkhorst Fallon
Absent or not voting, 7:
Baker Brammer Dinkla Disney
Halvorson Salton Shoultz
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE MESSAGE CONSIDERED
Senate File 2370, by committee on commerce, a bill for an
act relating to energy efficiency and alternate energy programs,
electric and gas public utility energy efficiency mandates, and
the Iowa energy center and the center for global and regional
environmental research and requiring the location of a principal
office within the state and providing an effective date and
providing an applicability provision.
Read first time and passed on file.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2497 be immediately messaged to the Senate.
Unfinished Business Calendar
The House resumed consideration of House File 2447, a bill for
an act relating to energy efficiency programs, electric and gas
public utility energy efficiency mandates, and the Iowa energy
center and the center for global and regional environmental
research, previously deferred and placed on the unfinished
business calendar.
Holveck of Polk asked and received unanimous consent to withdraw
amendment H-5903 filed by Holveck, et. al., on April 9, 1996.
Nutt of Woodbury offered the following amendment H-5984 filed by
him from the floor and moved its adoption:
H-5984
1 Amend House File 2447 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 476.1, unnumbered paragraph 7,
5 Code 1995, is amended to read as follows:
6 The jurisdiction of the board under this chapter
7 shall include programs efforts designed to promote
the
8 use of energy efficiency strategies by rate or
9 service-regulated gas and electric utilities. These
10 programs shall be cost effective. The board may
11 initiate these programs as pilot projects to
12 accumulate sufficient data to determine if the
13 programs meet the requirements of this paragraph.
14 Sec. 2. Section 476.1A, subsections 5 and 6, Code
15 1995, are amended to read as follows:
16 5. Assessment of fees for the support of the Iowa
17 energy center created in section 266.39C and the
18 center for global warming and regional environmental
19 research established by the state board of regents.
20 6. Filing energy efficiency plans and energy
21 efficiency results with the board. The energy
22 efficiency plans as a whole shall be cost-effective.
23 The board may permit these utilities to file joint
24 plans.
25 Sec. 3. Section 476.1A, Code 1995, is amended by
26 adding the following new subsection:
27 NEW SUBSECTION. 7. Encouragement of alternate
28 energy production and the purchase of alternate
29 energy.
30 Sec. 4. Section 476.1A, unnumbered paragraph 2,
31 Code 1995, is amended to read as follows:
32 The board may waive all or part of the energy
33 efficiency filing and review requirements for electric
34 cooperative corporations and associations and electric
35 public utilities which demonstrate superior results
36 with existing energy efficiency programs efforts.
37 Sec. 5. Section 476.1A, unnumbered paragraph 3,
38 Code 1995, is amended to read as follows:
39 However, sections 476.20, 476.21, 476.41 through
40 476.44, 476.51, 476.56, 476.62, and 476.66 and
41 chapters 476A and 478, to the extent applicable, apply
42 to such electric utilities.
43 Sec. 6. Section 476.1B, subsection 1, paragraph g,
44 Code 1995, is amended by striking the paragraph and
45 inserting in lieu thereof the following:
46 g. Encouragement of alternate energy production
47 and the purchase of alternate energy.
48 Sec. 7. Section 476.1B, subsection 1, paragraphs k
49 and l, Code 1995, are amended to read as follows:
50 k. Assessment of fees for the support of the Iowa
Page 2
1 energy center created in section 266.39C and the
2 global warming center for global and regional
3 environmental research created by the state board of
4 regents.
5 l. Filing energy efficiency plans and energy
6 efficiency results with the board. The energy
7 efficiency plans as a whole shall be cost-effective.
8 The board may permit these utilities to file joint
9 plans.
10 Sec. 8. Section 476.1B, subsection 2, Code 1995,
11 is amended to read as follows:
12 2. The board may waive all or part of the energy
13 efficiency filing and review requirements for
14 municipally owned utilities which demonstrate superior
15 results with existing energy efficiency programs
16 efforts.
17 Sec. 9. Section 476.1C, subsection 1, unnumbered
18 paragraph 2, Code 1995, is amended to read as follows:
19 Gas public utilities having fewer than two thousand
20 customers shall be subject to the assessment of fees
21 for the support of the Iowa energy center created in
22 section 266.39C and the global warming center for
23 global and regional environmental research created by
24 the state board of regents and shall file energy
25 efficiency plans and energy efficiency results with
26 the board. The energy efficiency plans as a whole
27 shall be cost-effective. The board may waive all or
28 part of the energy efficiency filing requirements if
29 the gas utility demonstrates superior results with
30 existing energy efficiency programs efforts.
31 Sec. 10. Section 476.2, subsections 5, 6, and 7,
32 Code 1995, are amended by striking the subsections and
33 inserting in lieu thereof the following:
34 5. Each rate-regulated gas and electric utility
35 operating within the state shall maintain within the
36 state the utility's principal office for Iowa
37 operations. The principal office shall be subject to
38 the jurisdiction of the board and shall house those
39 books, accounts, papers, and records of the utility
40 deemed necessary by the board to be housed within the
41 state. The utility shall maintain within the state
42 administrative, technical, and operating personnel
43 necessary for the delivery of safe and reasonably
44 adequate services and facilities as required pursuant
45 to section 476.8. A public utility which violates
46 this section shall be subject to the penalties
47 provided in section 476.51 and shall be denied
48 authority to recover, for a period determined by the
49 board, the costs of an energy efficiency plan pursuant
50 to section 476.6, subsection 11.
Page 3
1 6. The board shall provide the general assembly
2 with a report on the energy efficiency planning
3 efforts undertaken by utilities required to offer
4 energy efficiency plans pursuant to section 476.6,
5 subsection 17. The report shall be completed by
6 January 1, 1998.
7 Sec. 11. Section 476.6, subsection 17, Code 1995,
8 is amended by striking the subsection and inserting in
9 lieu thereof the following:
10 17. ENERGY EFFICIENCY PLANS. Electric and gas
11 public utilities shall offer energy efficiency
12 programs to their customers through energy efficiency
13 plans. An energy efficiency plan as a whole shall be
14 cost-effective. Energy efficiency programs for
15 qualified low-income persons and for tree planting
16 programs need not be cost-effective and shall not be
17 considered in determining cost-effectiveness of plans
18 as a whole. The energy efficiency programs in the
19 plans may be provided by the utility or by a
20 contractor or agent of the utility.
21 Sec. 12. Section 476.6, subsection 19, paragraphs
22 a through f, Code 1995, are amended by striking the
23 paragraphs and inserting in lieu thereof the
24 following:
25 a. Gas and electric utilities required to be rate-
26 regulated under this chapter shall file energy
27 efficiency plans with the board. An energy efficiency
28 plan and budget shall include a range of programs,
29 tailored to the needs of all customer classes,
30 including residential, commercial, and industrial
31 customers, for energy efficiency opportunities. The
32 plans shall include programs for qualified low-income
33 persons including a cooperative program with any
34 community action agency within the utility's service
35 area to implement countywide or communitywide energy
36 efficiency programs for qualified low-income persons.
37 Rate-regulated gas and electric utilities shall
38 utilize Iowa agencies and Iowa contractors to the
39 maximum extent cost-effective in their energy
40 efficiency plans filed with the board.
41 b. An energy efficiency plan shall assess
42 potential energy and capacity savings available from
43 actual and projected customer usage by applying
44 commercially available technology and improved
45 operating practices to energy-using equipment and
46 buildings. The board shall determine for each
47 utility, specific capacity and energy savings
48 performance standards based on the board's assessment.
49 The energy efficiency plan shall include economically
50 achievable programs designed to attain these potential
Page 4
1 energy and capacity performance standards.
2 c. The board shall conduct contested case
3 proceedings for review of energy efficiency plans and
4 budgets filed by gas and electric utilities required
5 to be rate-regulated under this chapter. The board
6 may approve, reject, or modify the plans and budgets.
7 Notwithstanding the provisions of section 17A.19,
8 subsection 5, in an application for judicial review of
9 the board's decision concerning a utility's energy
10 efficiency plan or budget, the reviewing court shall
11 not order a stay. Whenever a request to modify an
12 approved plan or budget is filed subsequently by the
13 office of consumer advocate or a gas or electric
14 utility required to be rate-regulated under this
15 chapter, the board shall promptly initiate a formal
16 proceeding if the board determines that any reasonable
17 ground exists for investigating the request. The
18 formal proceeding may be initiated at any time by the
19 board on its own motion. Implementation of board
20 approved plans or budgets shall be considered
21 continuous in nature and shall be subject to
22 investigation at any time by the board or the office
23 of the consumer advocate.
24 d. Notice to customers of a contested case
25 proceeding for review of energy efficiency plans and
26 budgets shall be in a manner prescribed by the board.
27 e. A gas or electric utility required to be rate-
28 regulated under this chapter may recover, through an
29 automatic adjustment mechanism filed pursuant to
30 subsection 11, over a period not to exceed the term of
31 the plan, the costs of an energy efficiency plan
32 approved by the board, including amounts for a plan
33 approved prior to July 1, 1996, in a contested case
34 proceeding conducted pursuant to paragraph "c". The
35 board shall periodically conduct a contested case
36 proceeding to evaluate the reasonableness and prudence
37 of the utility's implementation of an approved energy
38 efficiency plan and budget. If a utility is not
39 taking all reasonable actions to cost-effectively
40 implement an approved energy efficiency plan, the
41 board shall not allow the utility to recover from
42 customers costs in excess of those costs that would be
43 incurred under reasonable and prudent implementation
44 and shall not allow the utility to recover future
45 costs at a level other than what the board determines
46 to be reasonable and prudent. If the result of a
47 contested case proceeding is a judgment against a
48 utility, that utility's future level of cost recovery
49 shall be reduced by the amount by which the programs
50 were found to be imprudently conducted. The utility
Page 5
1 shall not represent energy efficiency in customer
2 billings as a separate cost or expense unless the
3 board otherwise approves.
4 Sec. 13. Section 476.6, Code 1995, is amended by
5 adding the following new subsection:
6 NEW SUBSECTION. 22. ALTERNATE ENERGY PROMOTIONAL
7 RATES. The board shall require that electric
8 utilities offer to their customers the opportunity to
9 pay, on a voluntary basis, an alternate energy
10 promotional rate. This rate shall exceed the rate for
11 electricity otherwise payable and shall be designed
12 and encouraged by the electric utility to maximize
13 voluntary financial support for alternate energy
14 production. The alternate energy promotional rate
15 shall be filed as a tariff with the board pursuant to
16 section 476.4. Retaining only amounts approved by the
17 board for its administrative and marketing costs, the
18 electric utility shall remit that portion of the
19 electric rate attributable to the alternate energy
20 promotional rate to the state treasurer to be
21 allocated to the general fund of the state.
22 Sec. 14. Section 476.10A, Code 1995, is amended to
23 read as follows:
24 476.10A FUNDING FOR IOWA ENERGY CENTER AND GLOBAL
25 WARMING CENTER FOR GLOBAL AND REGIONAL ENVIRONMENTAL
26 RESEARCH.
27 The board shall direct all gas and electric
28 utilities to remit to the treasurer of state one-tenth
29 of one percent of the total gross operating revenues
30 during the last calendar year derived from their
31 intrastate public utility operations. The board shall
32 by rule provide a schedule for remittances which shall
33 require that the first remittance be made not before
34 July 1, 1991. The amounts collected pursuant to this
35 section shall be in addition to the amounts permitted
36 to be assessed pursuant to section 476.10. The board
37 shall allow inclusion of these amounts in the budgets
38 approved by the board pursuant to section 476.6,
39 subsection 19, paragraph "a". Eighty-five percent of
40 the remittances collected pursuant to this section is
41 appropriated to the Iowa energy center created in
42 section 266.39C. Fifteen percent of the remittances
43 collected pursuant to this section is appropriated to
44 the center for global warming and regional
45 environmental research established by the state board
46 of regents.
47 Notwithstanding section 8.33, any unexpended moneys
48 remitted to the treasurer of state under this section
49 shall be retained for the purposes designated.
50 Notwithstanding section 12C.7, subsection 2, interest
Page 6
1 or earnings on investments or time deposits of the
2 moneys remitted under this section shall be retained
3 and used for the purposes designated.
4 The Iowa energy center and the center for global
5 and regional environmental research shall each provide
6 a written annual report to the utilities board which
7 describes each center's activities and the results
8 that each center has accomplished. Each report shall
9 include an explanation of initiatives and projects of
10 importance to the state of Iowa.
11 Sec. 15. Section 476.42, subsection 1, paragraph
12 a, Code 1995, is amended to read as follows:
13 a. A solar, wind turbine, waste management,
14 resource methane recovery, refuse-derived fuel,
15 agricultural crops or residues, or woodburning
16 facility.
17 Sec. 16. Section 476.42, subsection 3, Code 1995,
18 is amended by striking the subsection.
19 Sec. 17. Section 476.42, subsection 4, paragraph
20 a, Code 1995, is amended to read as follows:
21 a. A hydroelectric facility at a dam located
22 within this state.
23 Sec. 18. Section 476.42, Code 1995, is amended by
24 adding the following new subsection:
25 NEW SUBSECTION. 5. "Alternate energy" means
26 electricity derived from hydro, solar, wind, methane
27 recovery, agricultural crops or residues, or
28 woodburning energy.
29 Sec. 19. Section 476.43, subsection 1, Code 1995,
30 is amended to read as follows:
31 1. Subject to section 476.44, the board shall
32 require electric utilities to enter into long-term
33 contracts to do the following:
34 a. Purchase or wheel electricity from alternate
35 energy production facilities or small hydro facilities
36 located in the utility's service area under the
terms
37 and conditions that the board finds are just and
38 economically reasonable to the electric utilities'
39 ratepayers, are nondiscriminatory to alternate energy
40 producers and small hydro producers and will further
41 the policy stated in section 476.41.
42 b. Provide for the availability of supplemental or
43 backup power to alternate energy production facilities
44 or small hydro facilities on a nondiscriminatory basis
45 and at just and reasonable rates.
46 c. If the parties fail to agree on the terms of a
47 contract required pursuant to this section, a party
48 may request that the board intervene. The board shall
49 have sixty days from the date of the intervention
50 request to render a decision on the contract.
Page 7
1 Sec. 20. Section 476.43, subsections 2, 3, and 4,
2 Code 1995, are amended by striking the subsections and
3 inserting in lieu thereof the following:
4 2. The board shall establish a uniform competitive
5 bidding process so that an electric utility shall
6 acquire alternate energy at a just and economically
7 based market rate. An alternate energy contract shall
8 require that the utility pay the competitive bid rate
9 to the facility during the contract term. The
10 kilowatt per hour competitive bid rate shall not be
11 less than the annual average rate of off-peak kilowatt
12 per hour rates and peak kilowatt per hour rates at
13 which an electric utility would have had to purchase
14 the power. An electric utility may produce its own
15 alternate energy by constructing and operating an
16 alternate energy production facility or small hydro
17 facility if the facility is constructed and operated
18 as a separate affiliate entity. However, the electric
19 utility shall participate in the competitive bidding
20 process using a third-party evaluator. A bid from an
21 electric utility producing its own alternate energy
22 shall not take into account regulated industry-based
23 factors including, but not limited to, eminent domain
24 and transmission ownership in order to produce a lower
25 cost bid.
26 3. Notwithstanding section 476.51, an electric
27 utility which fails to comply with the requirements of
28 subsection 1 or which obstructs the policy of this
29 state as stated in section 476.41 shall be subject to
30 a civil penalty, levied by the board, in an amount
31 that is equivalent to three times the total project
32 capital cost of the lowest bid filed with the board to
33 comply with the requirements of subsection 1. Civil
34 penalties collected under this subsection shall be
35 forwarded to the treasurer of state to be credited to
36 the Iowa energy center. Any moneys allocated to the
37 Iowa energy center pursuant to this subsection shall
38 be used solely for providing grants to nonprofit
39 agencies for alternate energy production. These
40 penalties shall be excluded from the electric
41 utility's costs when determining the electric
42 utility's revenue requirement, and shall not be
43 included either directly or indirectly in the electric
44 utility's rates or charges to customers.
45 4. Notwithstanding subsection 2, alternate energy
46 produced by recovery of methane at a sanitary landfill
47 shall be purchased at the rate existing as of January
48 1, 1996.
49 Sec. 21. Section 476.44, subsection 1, Code 1995,
50 is amended by striking the subsection.
Page 8
1 Sec. 22. Section 476.44, subsection 2, Code 1995,
2 is amended to read as follows:
3 2. a. An electric utility subject to this
4 division, except a utility which elects rate
5 regulation pursuant to section 476.1A, shall not be
6 required to purchase, at any one time, more than its
7 share of one two hundred five ten megawatts
of power
8 from alternative energy production facilities or small
9 hydro facilities at the rates in accordance with the
10 competitive bidding process established pursuant to
11 section 476.43 and pursuant to timelines established
12 under paragraph "c". For purposes of this section,
13 "megawatt" shall be determined in accordance with a
14 utility's average capacity. "Average capacity" means
15 a utility's total output over a year divided by the
16 number of hours in the year. The board shall allocate
17 the one two hundred five ten megawatts
based upon each
18 utility's percentage of the total Iowa retail peak
19 demand, for the year beginning January 1, 1990, of all
20 utilities subject to this section. If a utility
21 undergoes reorganization as defined in section 476.76,
22 the board shall combine the allocated purchases of
23 power for each utility involved in the reorganization.
24 Notwithstanding the one two hundred five
ten
25 megawatt maximum, the board may increase the amount of
26 power that a utility is required to purchase at the
27 rates established pursuant to section 476.43 if the
28 board finds that a utility, including a reorganized
29 utility, exceeds its 1990 Iowa retail peak demand by
30 twenty percent and the additional power the utility is
31 required to purchase will encourage the development of
32 alternate energy production facilities and small hydro
33 facilities. The increase shall not exceed the
34 utility's increase in peak demand multiplied by the
35 ratio of the utility's share of the one two hundred
36 five ten megawatt maximum to its 1990 Iowa retail
peak
37 demand.
38 b. Of that portion of alternate energy required to
39 be purchased by a utility under this section, eighty-
40 five percent shall be purchased from alternate energy
41 production facilities or small hydro facilities
42 generating electricity with current and viable
43 technologies and fifteen percent shall be purchased
44 from alternate energy production facilities generating
45 electricity from new technologies. The board shall
46 provide for a minimum of thirty percent of the eighty-
47 five percent required purchase of alternate energy
48 under this paragraph to be purchased from small hydro
49 facilities. Of the eighty-five percent, thirty
50 percent shall be purchased in accordance with the
Page 9
1 following:
2 (1) At least ten percent shall be from dedicated
3 energy crops grown within the state, fifty percent of
4 which shall be from projects of five hundred kilowatts
5 or less.
6 (2) At least ten percent shall be from
7 agricultural wastes produced from agricultural crops
8 grown within the state, fifty percent of which shall
9 be from projects of five hundred kilowatts or less.
10 (3) At least ten percent shall be from small scale
11 wind generation projects located within the state of
12 two hundred fifty kilowatts or less.
13 c. By December 31, 1997, the board shall require
14 an electric utility to enter into contracts for the
15 purchase of the utility's allotted share of eighty-
16 nine megawatts of electricity generated from alternate
17 energy production facilities, and by July 1, 1999, the
18 board shall require the utility to enter into
19 contracts for the purchase of the utility's allotted
20 share of an additional one hundred five megawatts.
21 For purposes of this section, new technologies include
22 only those technologies that use nonfossil fuel to
23 derive renewable energy.
24 Sec. 23. Section 476.78, Code 1995, is amended to
25 read as follows:
26 476.78 CROSS-SUBSIDIZATION PROHIBITED.
27 A rate-regulated gas or electric public utility
28 shall not directly or indirectly include any costs or
29 expenses attributable to providing nonutility service
30 in regulated rates or charges. Except for contracts
31 existing as of July 1, 1996, a rate-regulated gas or
32 electric public utility or its affiliates shall not
33 use vehicles, service tools and instruments, or
34 employees, the costs, salaries, or benefits of which
35 are recoverable in the regulated rates for electric
36 service or gas service to install, service, or repair
37 residential or commercial gas or electric heating,
38 ventilating, or air conditioning systems, or interior
39 lighting systems and fixtures; or to sell at retail
40 heating, ventilating, air conditioning, or interior
41 lighting equipment. For the purpose of this section,
42 "commercial" means a place of business primarily used
43 for the storage or sale, at wholesale or retail, of
44 goods, wares, services, or merchandise. Nothing in
45 this section shall be construed to prohibit a rate-
46 regulated gas or electric public utility from using
47 its utility vehicles, service tools and instruments,
48 and employees to market systems, services, and
49 equipment, to light pilots, or to eliminate a customer
50 emergency or threat to public safety.
Page 10
1 Sec. 24. Section 476.83, Code 1995, is amended by
2 striking the section and inserting in lieu thereof the
3 following:
4 476.83 COMPLAINTS.
5 Any person may file a written complaint with the
6 board requesting that the board determine compliance
7 by a rate-regulated gas or electric public utility
8 with the provisions of section 476.78, 476.79, or
9 476.80, or any validly adopted rules to implement
10 these sections. Upon the filing of a complaint, the
11 board may promptly initiate a formal complaint
12 proceeding and give notice of the proceeding and the
13 opportunity for hearing. The formal complaint
14 proceeding may be initiated at any time by the board
15 on its own motion. The board shall render a decision
16 in the proceeding within ninety days after the date
17 the written complaint was filed, unless additional
18 time is requested by the complainant.
19 Sec. 25. Section 476A.6, subsections 4 and 5, Code
20 1995, are amended by striking the subsections and
21 inserting in lieu thereof the following:
22 4. The applicant, if a public utility as defined
23 in section 476.1, has in effect an energy efficiency
24 plan designed to reduce peak loads and to increase
25 efficiency of use of energy, and the facility in the
26 application is necessary notwithstanding the existence
27 of the energy efficiency plan. As used in this
28 subsection, "energy efficiency plan" includes at a
29 minimum, cost-effective energy efficiency services and
30 programs, including cost-effective load management and
31 interruptible service programs.
32 5. The applicant, if a public utility as defined
33 in section 476.1, shall demonstrate to the board that
34 the utility has considered sources for long-term
35 electric supply from either purchase of electricity or
36 investment in facilities owned by other persons,
37 including consideration of the following:
38 a. Wheeling agreements and other energy or
39 capacity-sharing agreements, where cost-effective,
40 with other sources that have available energy or
41 capacity.
42 b. Establishment of renewable energy programs or
43 purchase of electricity from renewable energy
44 suppliers.
45 Sec. 26. Section 476.65, Code 1995, is repealed.
46 Sec. 27. APPLICABILITY TO EXISTING CONTRACTS. The
47 provisions of this Act relating to alternate energy
48 shall not affect the terms and conditions of any
49 contract between an alternate energy production
50 facility or small hydro facility and an electric
Page 11
1 utility that was entered into pursuant to sections
2 476.43 and 476.44 for purchase of alternate energy if
3 the contract was entered into prior to the effective
4 date of this Act. In addition, this Act shall not
5 affect potential contracts between alternate energy
6 production facilities and electric utilities if a
7 petition relating to the potential contracts has been
8 filed by January 1, 1996, and an action is currently
9 pending before the Iowa utilities board. For purposes
10 of the pending actions, the Iowa utilities board shall
11 not take into account the changes contained in this
12 Act.
13 Sec. 28. It is the intent of the general assembly
14 that persons who have proceeded in good faith under
15 the terms and conditions of sections 476.43 and
16 476.44, prior to their amendment by this Act, not
17 suffer economic loss as a result of this Act. These
18 persons shall be reimbursed by the utilities for their
19 reasonable good faith development costs as determined
20 by the Iowa utilities board.
21 Sec. 29. Section 10 of this Act, being deemed of
22 immediate importance, takes effect upon enactment."
23 2. Title page, by striking lines 1 through 4 and
24 inserting the following: "An Act relating to energy
25 efficiency and alternate energy programs, electric and
26 gas public utility energy efficiency mandates, and the
27 Iowa energy center and the center for global and
28 regional environmental research and requiring the
29 location of a principal office within the state and
30 providing an effective date and providing an
31 applicability provision."
Amendment H-5984 was adopted.
With the adoption of amendment H-5984, the following amendments
were out of order:
H-5227 filed by Nelson of Pottawattamie and Fallon on March 6,
1996.
H-5332 filed by Shoultz of Black Hawk, et. al., on March 12,
1996.
H-5333 filed by Shoultz of Black Hawk, et. al., on March 12,
1996.
H-5334 filed by Shoultz of Black Hawk, et. al., on March 12,
1996.
H-5335 filed by Mascher of Johnson, et. al., on March 12, 1996.
H-5342 filed by Weigel of Chickasaw, et. al., on March 12, 1996.
H-5345 filed by Metcalf of Polk, et. al., on March 12, 1996.
H-5357 filed by Holveck of Polk, et. al., on March 12, 1996.
H-5365 filed by Fallon of Polk on March 12, 1996.
H-5394 filed by Witt of Black Hawk on March 13, 1996.
H-5397 filed by Burnett of Story, et. al., on March 13, 1996.
H-5405 filed by Witt of Black Hawk, et. al., on March 14, 1996.
H-5406 filed by Witt of Black Hawk, et. al., on March 14, 1996.
H-5413 filed by Holveck of Polk, et. al., on March 14, 1996.
H-5414 filed by Holveck of Polk, et. al., on March 14, 1996.
H-5415 filed by Bernau of Story and Burnett on March 14, 1996.
H-5418 filed by Fallon of Polk on March 14, 1996.
H-5424 filed by Nutt of Woodbury on March 18, 1996.
H-5425 filed by Nutt of Woodbury, et. al., on March 18, 1996.
H-5483 filed by Nutt of Woodbury, et. al., on March 20, 1996.
H-5524 filed by Vande Hoef of Osceola on March 25, 1996.
H-5568 filed by Weigel of Chickasaw on March 25, 1996.
H-5966 filed by Shoultz of Black Hawk, et. al., on April 16,
1996.
H-5968 filed by Vande Hoef, et. al., on April 16, 1996.
H-5969 filed by Mascher of Johnson, et al., on April 16, 1996.
H-5970 filed by Vande Hoef of Osceola on, et. al., on April 16,
1996.
H-5971 filed by Vande Hoef of Osceola on, et. al., on April 16,
1996.
H-5972 filed by Mascher of Johnson, et. al., on April 16, 1996.
H-5973 filed by Vande Hoef of Osceola on April 16, 1996.
H-5975 filed by Thomson of Linn, et. al., on April 16, 1996.
SENATE FILE 2370 SUBSTITUTED FOR HOUSE FILE 2447
Nutt of Woodbury asked and received unanimous consent to
substitute Senate File 2370 for House File 2447.
Senate File 2370, a bill for an act relating to energy
efficiency and alternate energy programs, electric and gas
public utility energy efficiency mandates, and the Iowa energy
center and the center for global and regional environmental
research and requiring the location of a principal office within
the state and providing an effective date and providing an
applicability provision, was taken up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2370 be deferred and placed on the unfinished
business calendar.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bernau of Story, until his return, on request of Burnett of
Story.
Regular Calendar
House File 2499, a bill for an act relating to definitions,
reporting, and remittance guidelines concerning the disposition
of unclaimed property, 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. 2499)
The ayes were, 95:
Arnold Baker Bell 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
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 Schrader Schulte 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, 5:
Bernau Brammer Dinkla Salton
Shoultz
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2499 be immediately messaged to the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:13 a.m., until 1:15 p.m.
AFTERNOON SESSION
The House resumed session at 1:20 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-nine members present,
thirty-one absent.
INTRODUCTION OF BILL
House File 2500, by committee on ways and means, a bill for
an act providing for the modification or termination of certain
testamentary trusts by the court.
Read first time and placed on the ways and means calendar.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 17, 1996, amended and adopted the
following resolution in which the concurrence of the House is
asked:
House Concurrent Resolution 110, a concurrent resolution
requesting the State Department of Transportation to establish a
scenic route designation.
Also: That the Senate has on April 17, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
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.
Also: That the Senate has on April 17, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2207, a bill for an act relating to excuse from jury
service and the reimbursement of jurors and witnesses for
transportation and mileage expenses.
Also: That the Senate has on April 17, 1996, refused to concur
in the House amendment to the following bill in which the
concurrence of the Senate was asked:
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.
Also: That the Senate has on April 17, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2301, a bill for an act relating to lead abatement
and inspection, training and certification requirements, and
providing penalties.
Also: That the Senate has on April 17, 1996, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 124, a concurrent resolution
honoring Ms. Jorie Graham, the 1996 Pulitizer Prize winner in
the field of poetry.
JOHN F. DWYER, Secretary
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of 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, previously deferred and placed on the
unfinished business calendar.
Harrison of Scott offered amendment H-5990 filed by him from the
floor as follows:
H-5990
1 Amend Senate File 2289, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 1 through 25.
4 2. Page 1, by inserting before line 26 the
5 following:
6 "Sec. ___. Section 602.8107, subsection 2,
7 paragraph d, Code Supplement 1995, is amended to read
8 as follows:
9 d. Court costs including correctional fees
10 assessed pursuant to section 904.108, court-appointed
11 attorney fees, or public defender expenses.
12 Sec. ___. Section 904.108, Code 1995, is amended
13 by adding the following new subsection:
14 NEW SUBSECTION. 7. a. The director may charge an
15 inmate a correctional fee for custodial expenses
16 incurred or which may be incurred while the inmate is
17 in the custody of the department. The custodial
18 expenses may include, but are not limited to, board
19 and room, medical and dental fees, education costs,
20 clothing costs, and the costs of supervision,
21 services, and treatment provided to the inmate. The
22 correctional fee shall not exceed the actual cost of
23 keeping the inmate in custody. The correctional fees
24 shall be assessed as court costs and any correctional
25 fees collected pursuant to this subsection shall be
26 credited to the general fund of the state. The
27 correctional fees shall be collected as other court
28 costs pursuant to section 602.8107.
29 b. The director or the attorney general, on behalf
30 of the director, may file a correctional fee for
31 custodial services lien with the clerk of the district
32 court which shall include all of the following
33 information, if known:
34 (1) The name and date of birth of the person whose
35 property or other interests are subject to the lien.
36 (2) The present address of the residence and
37 principal place of business of the person named in the
38 lien.
39 (3) The criminal proceeding pursuant to which the
40 lien is filed, including the name of the court, the
41 title of the action, and the court's file number.
42 (4) The name of the director or the name of the
43 attorney general.
44 (5) A statement that the notice is being filed
45 pursuant to this section.
46 (6) The amount of the correctional fee for
47 custodial services the person has been ordered to pay
48 or is likely to be ordered to pay.
49 c. The filing of a correctional fee for custodial
50 services lien in accordance with this section creates
Page 2
1 a lien in favor of the state in any personal or real
2 property identified in the lien to the extent of the
3 interest held in that property by the person named in
4 the lien.
5 d. This subsection does not limit the right of the
6 director to obtain any other remedy authorized by
7 law."
8 3. Title page, lines 3 and 4, by striking the
9 words "tort claims protection for certain persons,".
10 4. Title page, line 4, by inserting before the
11 word "and" the following: "the payment of
12 correctional fees by inmates and providing for the
13 creation and filing of a correctional fee lien,".
14 5. By renumbering as necessary.
Schrader of Marion rose on a point of order that amendment
H-5990 was not germane.
The Speaker ruled the point well taken and amendment H-5990 not
germane.
Harrison 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?" (S.F. 2289)
The ayes were, 93:
Baker Bell 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 Harrison Heaton
Holveck Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Main Martin Mascher May
McCoy 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 Weigel Welter
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 7:
Arnold Bernau Brammer Dinkla Lord
Mertz Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2289 be immediately messaged to the Senate.
Ways and Means Calendar
House File 2312, a bill for an act relating to the
administration of taxes, electronic filing of tax returns and
payments, imposition of the penalty for willfully filing a false
claim for refund, low income, elderly, and disabled property tax
credit filing and certification dates, computation of the real
estate transfer tax, repeal of obsolete property tax provision,
and providing effective and retroactive applicability dates, was
taken up for consideration.
Halvorson of Clayton offered the following amendment H-5900
filed by him and moved its adoption:
H-5900
1 Amend House File 2312 as follows:
2 1. Page 1, line 7, by striking the words
3 "providing that" and inserting the following:
4 "allowing for".
5 2. Page 1, line 8, by striking the words "be
6 made".
7 3. Page 4, line 11, by inserting before the word
8 "home" the following: "mobile".
Amendment H-5900 was adopted.
SENATE FILE 2455 SUBSTITUTED FOR HOUSE FILE 2312
Halvorson of Clayton asked and received unanimous consent to
substitute Senate File 2455 for House File 2312.
Senate File 2455, a bill for an act relating to the
administration of taxes; electronic filing of tax returns and
payments; imposition of the penalty for willfully filing a false
claim for refund; low income, elderly, and disabled property tax
credit filing and certification dates; computation of the real
estate transfer tax; repeal of obsolete property tax provision;
and providing effective and retroactive applicability dates, was
taken up for consideration.
Halvorson of Clayton 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. 2455)
The ayes were, 93:
Arnold Baker Bell Blodgett
Boddicker Boggess 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
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harper Harrison Heaton
Holveck Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Main Martin Mascher
May 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 Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 7:
Bernau Bradley Brammer Dinkla
Grubbs Lord Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2312 WITHDRAWN
Halvorson of Clayton asked and received unanimous consent to
withdraw House File 2312 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2455 be immediately messaged to the Senate.
The House stood at ease at 2:10 p.m., until the fall of the
gavel.
The House resumed session at 3:55 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
RULES SUSPENDED
Gipp of Winneshiek asked and received unanimous consent to
suspend the rules for immediate consideration of Senate File
2467.
Ways and Means Calendar
Senate File 2467, a bill for an act increasing the nonpublic
school tax credit and eliminating the nonpublic school tax
deduction for amounts paid for tuition and textbooks for
nonpublic elementary and secondary schools under the state
individual income tax and providing effective and applicability
date provisions, with report of committee recommending passage,
was taken up for consideration.
Warnstadt of Woodbury offered the following amendment H-5944
filed by Warnstadt, et. al., and moved its adoption:
H-5944
1 Amend Senate File 2467, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 "Sec. ___. Section 422.12, subsection 1, Code
6 Supplement 1995, is amended by adding the following
7 new paragraph:
8 NEW PARAGRAPH. f. For each dependent attending a
9 public elementary or secondary school in this state,
10 the first twenty dollars of any fees charged for
11 textbooks to be used by the dependent."
12 2. Title page, line 1, by inserting after the
13 word "Act" the following: "providing a public school
14 tax credit for fees charged for textbooks,".
A non-record roll call was requested.
The ayes were 22, nays 51.
Amendment H-5944 lost.
Shoultz of Black Hawk offered the following amendment H-5988
filed by Shoultz, Ollie and Bernau from the floor and moved its
adoption:
H-5988
1 Amend Senate File 2467, as passed by the Senate, as
2 follows:
3 1. Page 1, line 6, by striking the word "ten" and
4 inserting the following: "thirty".
5 2. Page 1, by striking lines 27 through 33 and
6 inserting the following: "under this subsection. The
7 credit in this subsection does not apply to a taxpayer
8 whose net income, as properly computed for state tax
9 purposes, is forty-five thousand dollars or more. In
10 the case where the taxpayer is married, whether filing
11 jointly or separately, the credit does not apply if
12 the combined net income of the taxpayer and spouse is
13 forty-five thousand dollars or more. The department,
14 when conducting an".
Roll call was requested by Shoultz of Black Hawk and Lamberti of
Polk.
On the question "Shall amendment H-5988 be adopted?" (S.F. 2467)
The ayes were, 30:
Bell Bernau Brand Burnett
Cohoon Connors Doderer Fallon
Harper Holveck Hurley Jochum
Kreiman Larkin Main
Mascher May Metcalf Moreland
Myers Nelson, L. Ollie Osterhaus
Schrader Shoultz Taylor Warnstadt
Weigel Wise Witt
The nays were, 62:
Arnold Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Cataldo Churchill Coon Corbett,
Spkr. Cormack Daggett Disney Drake
Drees Ertl Garman Gipp
Greiner Gries Grubbs Hahn
Halvorson Hammitt Barry Hanson Harrison
Heaton Houser Huseman Jacobs
Klemme Koenigs Kremer Lamberti
Larson Lord Martin McCoy
Mertz Meyer Millage Mundie
Murphy Nelson, B. Nutt O'Brien
Rants Renken Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 8:
Baker Blodgett Brammer Dinkla
Eddie Greig Grundberg Salton
Amendment H-5988 lost.
Bernau of Story offered the following amendment H-5982 filed by
him from the floor and moved its adoption:
H-5982
1 Amend Senate File 2467, as passed by the Senate, as
2 follows:
3 1. Page 1, by striking lines 21 through 24 and
4 inserting the following: "doctrines, or worship, and
5 does not include books or materials for
6 extracurricular activities including sporting events,
7 musical or dramatic events, speech activities,
8 driver's education, or programs of a similar nature.
9 Notwithstanding".
A non-record roll call was requested.
The ayes were 20, nays 58.
Amendment H-5982 lost.
Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-5993, filed by him from the floor.
Bernau of Story offered the following amendment H-5983 filed by
him from the floor and moved its adoption:
H-5983
1 Amend Senate File 2467, as passed by the Senate, as
2 follows:
3 1. Title page, line 1, by striking the word
4 "nonpublic".
5 2. Title page, line 2, by striking the word
6 "nonpublic".
7 3. Title page, line 3, by striking the word
8 "nonpublic".
Amendment H-5983 lost.
Grubbs 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?" (S.F. 2467)
The ayes were, 73:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Cataldo Churchill Coon
Corbett, Spkr. Cormack Daggett Disney
Drake Drees Eddie Ertl
Garman Gipp Greiner Gries
Grubbs Hahn Halvorson Hammitt
Barry Hanson Harrison Heaton Holveck
Houser Hurley Huseman Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main May McCoy Mertz
Meyer Millage Mundie Murphy
Myers Nelson, B. Nutt O'Brien
Osterhaus Rants Renken Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Weigel Welter Witt
Van Maanen,
Presiding
The nays were, 23:
Bell Bernau Brand Burnett
Cohoon Connors Doderer Fallon
Greig Grundberg Harper Jacobs
Martin Mascher Metcalf Moreland
Nelson, L. Ollie Schrader Shoultz
Taylor Warnstadt Wise
Absent or not voting, 4:
Baker Brammer Dinkla Salton
The bill having received a constitutional majority was declared
to have passed the House.
Bernau of Story rose on a point of order and objected to the
title.
The Speaker ruled the point not well taken and the title agreed
to.
Pursuant to Article III, Section 29, Constitution of State of
Iowa, Bernau of Story and Doderer of Johnson objected to the
title of Senate File 2467.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 2467 be immediately messaged to the Senate.
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 17, 1996, adopted the conference
committee report and passed Senate File 2154, a bill for an act
increasing the penalties for certain offenses involving
methamphetamine.
JOHN F. DWYER, Secretary
CONFERENCE COMMITTEE REPORTS FILED
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the conference committee reports on the following bills
have been received and are on file in the office of the Chief
Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Senate File 2154, a bill for an act increasing the penalties for
certain offenses involving methamphetamine.
ON THE PART OF THE HOUSE ON THE PART OF THE SENATE
KEN VEENSTRA, Chair TONY BISIGNANO, Chair
BRIAN COON RANDAL J. GIANNETTO
DAN BODDICKER MARY NEUHAUSER
MICHAEL MORELAND O. GENE MADDOX
ROBERT J. OSTERHAUS LYLE E. ZIEMAN
Senate File 2449, a bill for an act changing the computation of
the inflation factors for the tax brackets and standard
deduction under the individual income tax; changing the
computation of taxable income of certain subchapter S
corporations and their shareholders; increasing inheritance tax
exemptions for certain relatives; increasing the amount of the
appropriations for homestead credit, military service credit,
and low-income credit and reimbursement claims; providing income
tax credits for investing in a qualified venture capital
company; establishing incentives for family farm animal feeding
operations and making an appropriation; adjusting the funding
for the family farm and agricultural land tax credits;
establishing a study of the property tax system as the sole or
major source of local funding and of alternate sources of
funding for school, city, and county services, the repayment of
bonds or other debt obligations, and capital improvements; and
providing effective and applicability date provisions.
ON THE PART OF THE HOUSE ON THE PART OF THE SENATE
ROGER HALVORSON, Chair WILLIAM D. PALMER, Chair
BILL BERNAU WAYNE BENNETT
JOHN GREIG MARY LOU FREEMAN
CHUCK LARSON EMIL J. HUSAK
RICHARD MYERS TOM VILSACK
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Six seventh and eighth grade students from Johnston Middle
School, Johnston, accompanied by Connie Skow and Kaye Smock. By
Churchill of Polk.
Four sixth and seventh grade students from Grinnell, accompanied
by Joy Carroll. By Carroll of Poweshiek.
Eight high school students from Albia High School, Albia,
accompanied by Diana White. By Kreiman of Davis.
Ten National Honor Society students from Central Decatur High
School, Leon, accompanied by Evonne Kouba and Connie Richard. By
Daggett of Union.
Twenty-five eighth grade students from MFL-Mar Mac Middle
School, McGregor, accompanied by Mr. Elliott, Mr. Whitney, Mr.
Krambeer and Mrs. Schlein. By Halvorson of Clayton.
Thirty-seven fourth and fifth grade students from Amana-Clear
Creek , Middle Amana, accompanied by Beverly Stolfus. By Tyrrell
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\498 Stacy Demro, Nashua-Plainfield High School - For being
named Family and Consumer Sciences Student of the Year for the
State of Iowa.
1996\499 Urbandale Schools "Odyssey of the Mind" Team, Urbandale
- For winning the State Championship in the High School Division
of the Odyssey of the Mind Competition and qualifying to
represent the State of Iowa in the International Odyssey of the
Mind Competition.
1996\500 North High Jazz 1 Band, Sioux City - For receiving 2nd
place in the Class 4A High School Jazz Band Championship.
1996\501 Wilma and Mike Boland, Davenport - For celebrating
their Sixtieth wedding anniversary.
1996\502 Dorothy and Ferdinand Bald, Buffalo - For celebrating
their Fiftieth wedding anniversary.
1996\503 Marvella and Ted Haas, Davenport - For celebrating
their Fiftieth wedding anniversary.
1996\504 Otie and Gale Saunders, Blue Grass - For celebrating
their Fiftieth wedding anniversary.
1996\505 Lucille Zesiger, Davenport - For celebrating her
Eighty-fifth birthday.
RESOLUTIONS FILED
HCR 128, by Welter, Garman, Heaton, Jacobs, Larkin, Myers,
Schulte and Vande Hoef, a concurrent resolution honoring the
seventy-fifth anniversary of the Division of Criminal
Investigation of the Iowa Department of Public Safety.
Laid over under Rule 25.
HR 107, by Mascher, Myers and Doderer, a resolution honoring
University of Iowa graduate and faculty member Ms. Jorie Graham
for winning the 1996 Pulitzer Prize for poetry and for bringing
renown to the University of Iowa Writers' Workshop and to Iowa
City.
Laid over under Rule 25.
HR 108, by Mascher, a resolution urging that the United States
Senate ratify the Convention on the Rights of the Child.
Laid over under Rule 25.
HR 109, by Fallon, Hurley, Witt, Hammitt Barry, O'Brien, Coon,
Jochum, Lord, Holveck, Kremer, Burnett, Houser, Harper, Jacobs,
Nelson of Marshall, Van Fossen, Shoultz, Sukup, Boddicker,
Schulte, Connors, Garman, Bernau, Brand, Tyrrell, Main, Mascher,
Huseman, Kreiman, Brunkhorst, Welter, Mertz, May, Boggess,
Thomson, Larkin, Mundie, Nutt, Larson, Daggett, Osterhaus,
Heaton, Grundberg, Carroll, Churchill, Nelson of Pottawattamie,
Ertl, Veenstra, Branstad, Eddie, Metcalf, Lamberti, Harrison,
Disney, Martin, Vande Hoef, Brauns, Hanson, Rants, Klemme,
Grubbs, Blodgett and Gries, a resolution relating to the adverse
effects of excessive television viewing and supporting National
TV-Turnoff Week.
Laid over under Rule 25.
SCR 124, by committee on education, a concurrent resolution
honoring Ms. Jorie Graham, the 1996 Pulitzer Prize winner in the
field of poetry.
Laid over under Rule 25.
AMENDMENTS FILED
H-5978 S.F. 2365 Weigel of Chickasaw
H-5979 S.F. 2370 Mascher of Johnson Shoultz of Black
Hawk Burnett of Story
Holveck of Polk
H-5980 S.F. 2370 Weigel of Chickasaw
H-5985 S.F. 2370 Shoultz of Black Hawk Mascher of
Johnson Burnett of Story Holveck of Polk Doderer of
Johnson Witt of Black Hawk
H-5986 S.F. 2370 Shoultz of Black Hawk Burnett of
Story Doderer of Johnson Holveck of Polk Mascher of
Johnson Witt of Black Hawk
H-5987 S.F. 2370 Shoultz of Black Hawk Mascher of
Johnson Burnett of Story Holveck of Polk Doderer of
Johnson Witt of Black Hawk
H-5989 H.F. 2458 Coon of Warren
Kreiman of Davis
H-5992 H.F. 2490 Weigel of Chickasaw
H-5994 H.C.R. 110 Senate Amendment
H-5995 S.F. 2245 Sukup of Franklin Grundberg of Polk Meyer
of Sac Boddicker of Cedar Van Fossen of Scott Metcalf of
Polk Churchill of Polk
H-5996 S.F. 2370 Halvorson of Clayton Murphy of
Dubuque Renken of Grundy Mundie of Webster May of
Worth Weidman of Cass O'Brien of Boone
H-5997 S.F. 2370 Witt of Black Hawk Holveck of Polk Vande
Hoef of Osceola Kleeme of Plymouth Huseman of Cherokee
H-5998 S.F. 2370 Witt of Black Hawk Holveck of Polk Vande
Hoef of Osceola Klemme of Plymouth Huseman of Cherokee
H-5999 S.F. 2370 Burnett of Story Bernau of Story Holveck
of Polk Mascher of Johnson Witt of Black Hawk
H-6000 S.F. 2370 Burnett of Story
Mascher of Johnson
H-6001 S.F. 2370 Bernau of Story Burnett of Story
H-6002 S.F. 2370 Fallon of Polk
H-6003 S.F. 2370 Mascher of Johnson Shoultz of Black
Hawk Burnett of Story Witt of Black Hawk
H-6004 S.F. 2370 Fallon of Polk
H-6005 S.F. 2370 Mascher of Johnson Burnett of Story Witt of
Black Hawk Shoultz of Black Hawk Holveck of Polk Vande Hoef
of Osceola
H-6006 S.F. 2370 Witt of Black Hawk
Vande Hoef of Osceola Mascher of Johnson
Burnett of Story Holveck of Polk
Fallon of Polk Huseman of Cherokee
H-6007 S.F. 2370 Vande Hoef of Osceola
Holveck of Polk Shoultz of Black Hawk
Mascher of Johnson Burnett of Story Witt of Black Hawk
H-6008 S.F. 2370 Vande Hoef of Osceola
Holveck of Polk Shoultz of Black Hawk
Burnett of Story Witt of Black Hawk
Mascher of Johnson
H-6009 S.F. 2370 Vande Hoef of Osceola
Witt of Black Hawk Burnett of Story Mascher of
Johnson Eddie of Buena Vista
Kleeme of Plymouth Huseman of Cherokee
Veenstra of Sioux
H-6010 S.F. 2370 Vande Hoef of Osceola
Witt of Black Hawk Burnett of Story Mascher of
Johnson Holveck of Polk Shoultz of Black Hawk
H-6011 S.F. 2370 Holveck of Polk Bernau of Story Shoultz of
Black Hawk
Kleeme of Plymouth Vande Hoef of Osceola
H-6012 S.F. 2370 Holveck of Polk Doderer of Johnson Shoultz
of Black Hawk
Mascher of Johnson Burnett of
Story H-6013 S.F. 2370 Holveck of Polk
H-6014 S.F. 2370 Holveck of Polk Shoultz of Black
Hawk Burnett of Story Witt of Black Hawk
H-6015 S.F. 2370 Holveck of Polk Witt of Black Hawk Vande
Hoef of Osceola Burnett of Story Bernau of Story
H-6016 S.F. 2370 Holveck of Polk Shoultz of Black
Hawk Mascher of Johnson Vande Hoef of Osceola Burnett of Story
H-6017 S.F. 2370 Witt of Black Hawk Burnett of Story Vande
Hoef of Osceola
Mascher of Johnson Shoultz of Black Hawk Holveck of Polk
H-6018 S.F. 2370 Nutt of Woodbury Van Fossen of
Scott Schulte of Linn Renken of Grundy Disney of
Polk Drake of Pottawattamie Bradley of Clinton
Meyer of Sac Halvorson of Clayton Metcalf of Polk Lamberti
of Polk Mertz of Kossuth Branstad of Winnebago McCoy of
Polk Cataldo of Polk Baker of Polk May of Worth Wise of
Lee Nelson of Pottawattamie
H-6019 S.F. 2370 Vande Hoef of Osceola Holveck of
Polk Burnett of Story Mascher of Johnson Shoultz of Black
Hawk
On motion by Siegrist of Pottawattamie, the House adjourned at
6:37 p.m., until 8:45 am., Thursday, April 18, 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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