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House Journal: Tuesday, March 28, 1995

Seventy-ninth Calendar Day - Fifty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 28, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker pro
tempore Van Maanen of  Marion in the chair.
Prayer was offered by Reverend Gary Roozeboom, First Reformed
Church, Sheldon.
The Journal of Monday, March 27, 1995 was approved.
PETITIONS FILED
By Arnold of Lucas, from sixty-three citizens of District 91,
Lucas County, favoring the issuance of driver licenses at the
County Treasurer's office.
By Arnold of Lucas and Van Maanen of Marion from one hundred
sixty-seven citizens of Lucas and Marion Counties, favoring the
issuance of driver licenses at the County Treasurer's office.
INTRODUCTION OF BILL
House File 546, by Grundberg, a bill for an act relating to
the use by the county of revenues from the state real estate
transfer tax for low or moderate income family housing.
Read first time and referred to committee on local government.
SENATE MESSAGES CONSIDERED
Senate File 106, by Hammond and Tinsman, a bill for an act
to provide disaster leave for certain state employees.
Read first time and referred to committee on state government.
Senate File 178, by committee on human resources, a bill for
an act relating to emergency medical services.
Read first time and referred to committee on human resources.
Senate File 179, by committee on local government, a bill
for an act relating to the maximum property tax levy for certain
county hospitals.
Read first time and referred to committee on local government.
Senate File 197, by Judge, a bill for an act relating to the
confidentiality of financial information provided to the
department of agriculture and land stewardship and providing an
effective date.
Read first time and referred to committee on state government.
Senate File 263, by committee on human resources, a bill for
an act requiring licensure of hospice programs and providing a
penalty.
Read first time and referred to committee on human resources.
Senate File 290, by committee on transportation, a bill for
an act relating to motor vehicle and highway regulation by the
state department of transportation concerning retention of
records and documents, registration plates and stickers,
dissolution decree transfers of motor vehicle titles, junking
certificates for abandoned vehicles, flashing blue lights,
motorcycle license requirements, leased motor vehicles, proof of
financial responsibility, charges for handicapped identification
devices, single state registration for motor carriers, commodity
base state registration, other technical changes, and providing
effective and applicability dates.
Read first time and referred to committee on transportation.
Senate File 337, by committee on state government, a bill
for an act relating to publishing notice of outdated unpaid
state warrants.
Read first time and referred to committee on state government.
Senate File 371, by committee on judiciary, a bill for an
act relating to prohibiting a polygraph examination of a victim
of sexual abuse as a precondition to an investigation by a law
enforcement agency.
Read first time and referred to committee on judiciary.
Senate File 390, by committee on education, a bill for an
act relating to the Iowa arts and cultural enhancement and
endowment program and foundation.
Read first time and referred to committee on education.
Senate File 437, by committee on state government, a bill
for an act relating to the entitlement to benefits and dividends
under the Iowa public employees' retirement system.
Read first time and referred to committee on state government.
Senate File 446, by committee on judiciary, a bill for an
act relating to the possession or use of alcohol while operating
a motor vehicle by requiring the administrative revocation of
driving privileges of persons under the age of twenty-one who
operate a motor vehicle with an alcohol concentration of .02 or
more, denying issuance of temporary restricted licenses during
the period of revocation, including the revocation under implied
consent provisions, providing for civil penalties,
excluding the revocation from application of certain motor
vehicle financial responsibility requirements, providing for
minimum periods of license revocation, providing a scheduled
fine for possession of an open alcohol container while operating
a motor vehicle, providing for the impoundment or immobilization
of motor vehicles driven or owned by persons convicted of
operating while intoxicated and being a second or subsequent
offender, providing criminal penalties, and other related
matters.
Read first time and referred to committee on judiciary.
Senate File 459, by committee on appropriations, a bill for
an act relating to and making appropriations to the department
of justice, office of consumer advocate, board of parole,
department of corrections, judicial district departments of
correctional services, judicial department, state public
defender, Iowa law enforcement academy, department of public
defense, and for the department of public safety's
administration, division of criminal investigation and bureau of
identification, division of narcotics enforcement, undercover
purchases, and the state fire marshal's office, for the fiscal
year beginning July 1, 1995, and providing effective dates and
retroactive applicability.
Read first time and referred to committee on appropriations.
On motion by Gipp of  Winneshiek, the House was recessed at 8:55
a.m., until 10:00 a.m.
The House resumed session at 10:11 a.m., Speaker Corbett in the
chair.
CONSIDERATION OF BILLS
Regular Calendar
House File 118, a bill for an act relating to compensation of
volunteer fire fighters when subpoenaed as witnesses, with
report of committee recommending amendment and passage, was
taken up for consideration.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-3188 filed by the committee on judiciary on
February 23, 1995.
Boddicker of Cedar offered the following amendment H-3217 filed
by him and Kreiman and moved its adoption:
H-3217
 1     Amend House File 118 as follows:
 2     1.  Page 1, line 7, by inserting after the word
 3   "compensation" the following:  "as determined by the
 4   court".
 5     2.  Page 1, line 8, by inserting after the word
 6   "The" the following:  "daily".
 7     3.  Page 1, line 9, by striking the words "shall
 8   be commensurate with the compensation" and inserting
 9   the following:  "shall be equal to the average daily
10   wage".
11     4.  Page 1, line 10, by inserting after the word
12   "fighters" the following:  "of the same rank within
13   the judicial district".
Amendment H-3217 was adopted.
Boddicker of Cedar 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. 118)
The ayes were, 92:
Arnold         	Bell           	Bernau         	Blodgett
Boddicker      	Boggess        	Bradley        	Branstad
Brauns         	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill      	Cohoon         	Connors
Coon                  	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Drake          	Drees
Eddie          	Ertl           	Fallon         	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	Hurley
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kreiman        	Kremer         	Lamberti
Larkin         	Larson         	Lord           	Main
Martin         	Mascher        	May            	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Sukup
Teig           	Tyrrell        	Van Fossen     	Van Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Welter         	Wise           	Witt           	Mr. Speaker
			   Corbett

The nays were, none.

Absent or not voting, 8:

Baker          	Brammer        	Brand          	Doderer
McCoy          	Siegrist       	Thomson        	Weigel 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

House File 406, a bill for an act relating to the investment of
the proceeds of bond issues and other evidences of indebtedness
and the use of earnings from the investment, was taken up for
consideration.
Hanson of Black Hawk 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. 406)
The ayes were, 92:
Arnold         	Bell           	Bernau         	Blodgett 
Boddicker      	Boggess        	Branstad       	Brauns
Brunkhorst     	Burnett        	Carroll        	Cataldo
Churchill      	Cohoon         	Connors        	Coon
Cormack        	Cornelius      	Daggett        	Dinkla
Disney         	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt 
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Mr. Speaker
			   Corbett

The nays were, none.

Absent or not voting, 8:

Baker          	Bradley        	Brammer        	Brand 
Doderer        	Halvorson      	McCoy          	Thomson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 528, a bill for an act relating to criminal and
juvenile justice, including providing that certain identifying
information regarding
juveniles involved in delinquent acts is a public record,
exempting certain offenses from the jurisdiction of the juvenile
court, placing a juvenile in detention as a dispositional
alternative, waiving a juvenile to adult court, the release or
detention of certain criminal defendants pending sentencing or
appeal following conviction, eliminating the notice required for
students before certain locker searches, adding custody and
adjudication information regarding juveniles to state criminal
history files, establishing a juvenile justice task force,
authorizing the transmission of communicable disease information
by radio in certain circumstances, and enhancing or establishing
penalties, was taken up for consideration.
Holveck of Polk offered amendment H-3475 filed by him as follows:
H-3475

 1     Amend House File 528 as follows:
 2     1.  Page 1, line 6, by inserting after the word
 3   "or" the following:  ", in the case of a juvenile
age
 4   fourteen or older,".
 5     2.  Page 1, line 8, by inserting after the word
 6   "juvenile" the following:  ", age fourteen or
older,".
 7     3.  Page 1, line 31, by inserting after the word
 8   "act" the following:  ", committed by a juvenile age
 9   fourteen or older,".
10     4.  Page 1, line 34, by inserting after the word
11   "juvenile" the following:  ", age fourteen or
older,".
12     5.  Title page, line 3, by inserting after the
13   word "juveniles" the following:  "fourteen years of
14   age or older".
The House stood at ease at 10:25 a.m., until the fall of the
gavel.
The House resumed session at 11:20 a.m., Speaker pro tempore Van
Maanen of Marion in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Brand of Benton on request of Bernau of Story.
Holveck of Polk moved the adoption of amendment H-3475.
Roll call was requested by Grubbs of  Scott and Greiner of
Washington.
On the question "Shall amendment H-3475 be adopted?" (H.F. 528)
The ayes were, 12:
Bernau         	Burnett        	Fallon         	Hanson
Harper         	Holveck        	Jochum         	Kreiman
Murphy         	Schrader       	Weigel         	Witt

The nays were, 80:
Arnold         	Baker          	Bell           	Blodgett
Boddicker      	Boggess        	Branstad       	Brauns
Brunkhorst     	Carroll        	Cataldo        	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Drake
Drees          	Eddie          	Ertl           	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Hammitt
Harrison       	Heaton         	Houser         	Hurley
Huseman        	Jacobs         	Klemme         	Koenigs
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Mertz          	Metcalf
Meyer          	Millage        	Moreland       	Mundie
Myers          	Nelson, B.      	Nelson, L.       	Nutt 
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schulte        	Shoultz
Siegrist       	Sukup          	Teig           	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Welter         	Wise           	Van Maanen,
			   Presiding     	
Absent or not voting, 8:

Bradley        	Brammer        	Brand          	Churchill
Corbett, Spkr.	Doderer        	Halvorson      	Thomson
Amendment H-3475 lost.
Lamberti of Polk offered the following amendment H-3482 filed by
him and moved its adoption:
H-3482
 1     Amend House File 528 as follows:
 2     1.  Page 4, by inserting after line 13 the
 3   following:
 4     "Sec. ___.  Section 123.47, Code 1995, is amended
 5   to read as follows:
 6     123.47  PERSONS UNDER THE AGE OF EIGHTEEN --
 7   PENALTY.
 8     A person shall not sell, give, or otherwise supply
 9   alcoholic liquor, wine, or beer to any person knowing
10   or having reasonable cause to believe that person to
11   be under the age of eighteen, and a person or persons
12   under the age of eighteen shall not purchase or
13   attempt to purchase, or individually or jointly have
14   alcoholic liquor, wine, or beer in their possession or
15   control; except in the case of liquor, wine, or beer
16   given or dispensed to a person under the age of
17   eighteen within a private home and with the knowledge,
18   presence, and consent of the parent or guardian, or
19   with the signed, written consent of the parent or
20   guardian specifying the date and place for the
21   consumption and displayed by the person upon demand,
22   for beverage or medicinal purposes or as administered
23   to the person by either a physician or dentist for
24   medicinal purposes and except to the extent that a
25   person under the age of eighteen may handle alcoholic
26   beverages, wine, and beer during the regular course of
27   the person's employment by a liquor control licensee,
28   or wine or beer permittee under this chapter.  A
29   person, other than a licensee or permittee, who
30   violates this section regarding the purchase of or
31   attempt to purchase alcoholic liquor, wine, or beer
32   shall pay a twenty-five dollar penalty.
33     Sec. ___.  Section 123.47B, Code 1995, is amended
34   to read as follows:
35     123.47B  PARENTAL AND SCHOOL NOTIFICATION --
36   PERSONS UNDER EIGHTEEN YEARS OF AGE.
37     A peace officer shall make a reasonable effort to
38   identify a person under the age of eighteen discovered
39   to be in possession of alcoholic liquor, wine, or beer
40   in violation of section 123.47 and if the person is
41   not referred to juvenile court, the law enforcement
42   agency of which the peace officer is an employee shall
43   make a reasonable attempt to notify the person's
44   custodial parent or legal guardian of such possession,
45   whether or not the person is arrested or a citation is
46   issued pursuant to section 805.16, unless the officer
47   has reasonable grounds to believe that such
48   notification is not in the best interests of the
49   person or will endanger that person.  If the person is
50   taken into custody, the peace officer shall notify a

Page 2  

 1   juvenile court officer who shall make a reasonable
 2   effort to identify the elementary or secondary school
 3   the person attends, if any, and to notify the
 4   superintendent of the school district or the
 5   superintendent's designee, or the authorities in
 6   charge of the nonpublic school of the taking into
 7   custody.  A reasonable attempt to notify the person
 8   includes but is not limited to a telephone call or
 9   notice by first class mail.
10     Sec. ___.  Section 124.415, Code 1995, is amended
11   to read as follows:
12     124.415  PARENTAL AND SCHOOL NOTIFICATION --
13   PERSONS UNDER EIGHTEEN YEARS OF AGE.
14     A peace officer shall make a reasonable effort to
15   identify a person under the age of eighteen discovered
16   to be in possession of a controlled substance,
17   counterfeit substance, or simulated controlled
18   substance in violation of this chapter, and if the
19   person is not referred to juvenile court the law
20   enforcement agency of which the peace officer is an
21   employee shall make a reasonable attempt to notify the
22   person's custodial parent or legal guardian of such
23   possession, whether or not the person is arrested,
24   unless the officer has reasonable grounds to believe
25   that such notification is not in the best interests of
26   the person or will endanger that person.  If the
27   person is taken into custody, the peace officer shall
28   notify a juvenile court officer who shall make a
29   reasonable effort to identify the elementary or
30   secondary school the person attends, if any, and to
31   notify the superintendent of the school district, the
32   superintendent's designee, or the authorities in
33   charge of the nonpublic school of the taking into
34   custody.  A juvenile court officer may also notify the
35   superintendent of the school district, the
36   superintendent's designee, or the authorities in
37   charge of the nonpublic school of the taking into
38   custody.  A reasonable attempt to notify the person
39   includes but is not limited to a telephone call or
40   notice by first class mail."
41     2.  Page 6, by striking lines 26 and 27 and
42   inserting the following:  "waived to and convicted of
43   an aggravated misdemeanor or a felony by in the
44   district court, all criminal proceedings".
45     3.  Page 6, line 28, by inserting after the word
46   "any" the following:  "aggravated misdemeanor or".
47     4.  Page 6, line 29, by striking the words
48   "conviction waiver" and inserting the following:
49   "conviction".
50     5.  Page 6, line 34, by inserting before the words

Page 3

 1   "a felony" the following:  "an aggravated misdemeanor
 2   or".
 3     6.  Page 6, line 35, by striking the words ", or
 4   waived to and convicted of such" and inserting the
 5   following:  "and convicted of such".
 6     7.  Page 7, line 1, by striking the words "offense
 7   by" and inserting the following:  "offense by
 8   aggravated misdemeanor or a felony in".
 9     8.  Page 7, line 3, by striking the words "or
10   waiver".
11     9.  Page 7, by inserting after line 26 the
12   following:
13     "Sec. ___.  Section 232.148, subsection 5,
14   paragraph c, Code 1995, is amended by striking the
15   paragraph."
16     10.  Page 7, line 29, by inserting after the word
17   "criminal" the following:  "or juvenile".
18     11.  Page 8, line 33, by striking the word "or,"
19   and inserting the following:  "or".
20     12.  Page 16, by striking lines 14 and 15 and
21   inserting the following:  "and also includes the
22   source documents of the information included in the
23   criminal history data and fingerprint records."
24     13.  By striking page 18, line 35, through page
25   19, line 9.
26     14.  Title page, lines 8 through 10, by striking
27   the words "eliminating the notice required for
28   students before certain locker searches," and
29   inserting the following:  "limiting the circumstances
30   under which a juvenile may consume alcoholic
31   beverages, providing for notice to parents when a
32   juvenile is taken into custody for alcohol offenses,".
Amendment H-3482 was adopted placing out of order the following
amendments:
H-3474 filed by Ollie of Clinton on March 27, 1995.
H-3493 filed by Kreiman of Davis on March 27, 1995.
Connors of Polk offered amendment H-3522 filed by him from the
floor and requested division as follows:
H-3522
 1     Amend House File 528 as follows:
H-3522A
 2     1.  Page 5, by striking lines 2 through 4 and
 3   inserting the following:
 4     "Sec. ___.  Section 232.8, subsection 1, paragraph
 5   b, Code 1995, is amended by striking the paragraph and
 6   inserting in lieu thereof the following:
 7     b.  Violations by a child, age sixteen or".
H-3522B
 8     2.  Page 5, by inserting after line 17 the
 9   following:
10     "Sec. ___.  Section 232.19, Code 1995, is amended
11   to read as follows:
12     232.19  TAKING A CHILD INTO CUSTODY.
13     1.  A child may be taken into custody:
14     a.  By order of the court.
15     b. a.  For a delinquent act pursuant to the laws
16   relating to arrest.
17     b.  By order of the court.
18     c.  By a peace officer for the purpose of reuniting
19   a child with the child's family or removing the child
H-3522B
20   to a shelter care facility when the peace officer has
21   reasonable grounds to believe the child has run away
22   from the child's parents, guardian, or custodian.
23     d.  By a peace officer, juvenile court officer, or
24   juvenile parole officer when the officer has
25   reasonable grounds to believe the child has committed
26   a material violation of a dispositional order.
27     2.  a.  A child taken into custody as provided in
28   subsection 1, paragraph "a", shall be placed in
29   detention pending release to the child's parent,
30   guardian, custodian, or other adult approved by the
31   court.
32     b.  Unless the child is held in detention pursuant
33   to section 232.22, the child may only be released to
34   one of the persons listed in paragraph "b" upon the
35   posting of bail or bond in accordance with chapter 811
36   and the promise of the person to take responsibility
37   for the child and to present the child in court at
38   such time as the court may direct.
39     2. 3.  When a child is taken into custody as
40   provided in subsection 1, paragraph "b", "c", or "d",
41   the person taking the child into custody shall notify
42   the child's parent, guardian or custodian as soon as
43   possible and shall not place bodily restraints, such
44   as handcuffs, on the child unless the child physically
45   resists or threatens physical violence when being
46   taken into custody.  However, if the child is thirteen
47   years of age or older, the child may be restrained by
48   metal handcuffs only, for the purpose of
49   transportation in a vehicle which is not equipped with
50   a rear seat cage for prisoner transport and if the

Page 2  

 1   child is being taken into custody for an alleged
 2   delinquent act of violence against a person.  The
 3   child may also be restrained by handcuffs or other
 4   restraints at any time after the child is taken into
 5   custody if the child has a known history of physical
 6   violence to others.  Unless the child is placed in
 7   shelter care or detention in accordance with the
 8   provisions of section 232.21 or 232.22, the child
 9   shall be released to the child's parent, guardian,
10   custodian, responsible adult relative, or other adult
11   approved by the court upon the promise of such person
12   to produce the child in court at such time as the
13   court may direct.
14     3. 4.  Notwithstanding any other provision of this
15   chapter, a child shall not be placed in detention as a
16   result of a violation by that child of section 123.47.
17     Sec. ___.  Section 232.20, subsection 1, Code 1995,
18   is amended to read as follows:
H-3522B
19     1.  If a child is taken into custody and not
20   released as provided in section 232.19, subsection 2
21   or 3, the child shall immediately be taken to a
22   detention or shelter care facility as specified in
23   sections section 232.21 or 232.22.
24     Sec. ___.  Section 232.22, subsection 1, paragraph
25   d, Code 1995, is amended by adding the following new
26   subparagraph:
27     NEW SUBPARAGRAPH.  (4)  The requirements for
28   release under section 232.19, subsection 2, paragraph
29   "b", have not been met."
H-3522A
30     3.  Page 8, by inserting after line 14 the
31   following:
32     "Sec. ___.  NEW SECTION.  321.213C  LICENSE
33   SUSPENSION FOR JUVENILES ADJUDICATED DELINQUENT FOR A
34   SECOND TIME.
35     Upon the entering of an order at the conclusion of
36   a dispositional hearing under section 232.50, where
37   the child has been adjudicated to have committed a
38   second delinquent act within one year, which would be
39   a public offense punishable by a penalty greater than
40   a simple misdemeanor if committed by an adult, the
41   clerk of the juvenile court in the dispositional
42   hearing shall forward a copy of the adjudication and
43   dispositional order to the department.  The department
44   shall suspend the license or operating privilege of
45   the child in accordance with the dispositional order."
46     4.  Title page, line 1, by inserting after the
47   word "including" the following:  "providing for the
48   taking into custody, detention, and release of a
49   juvenile, authorizing the suspension of the juvenile's
50   motor vehicle license, placing certain simple

Page 3

 1   misdemeanors under the jurisdiction of the juvenile
 2   court,".
 3     5.  By renumbering and correcting internal
 4   references as necessary.
Connors of Polk asked and received unanimous consent to withdraw
amendment H-3522A.
On motion by Connors of Polk, amendment H-3522B was adopted.
Kreiman of  Davis asked and received unanimous consent to defer
action on amendment H-3479.
Kreiman of Davis offered the following amendment H-3496 filed by
him and moved its adoption:
H-3496
 1     Amend House File 528 as follows:
 2     1.  Page 6, by inserting after line 8 the
 3   following:
 4     "Sec. ___.  Section 232.29, Code 1995, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  3.  The person performing the
 7   duties of intake officer shall notify the
 8   superintendent of the school district or the
 9   superintendent's designee, or the authorities in
10   charge of the nonpublic school which the child
11   attends, of any informal adjustment regarding the
12   child, fourteen years of age or older, for an act
13   which would be an aggravated misdemeanor or felony if
14   committed by an adult."
15     2.  By renumbering as necessary.
Amendment H-3496 was adopted.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 528 be deferred and that the bill retain its
place on the 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 March 28, 1995, passed the following bill in
which the concurrence of the House is asked:
Senate File 208, a bill for an act relating to child abuse and
termination of parental rights provisions, and providing an
effective date.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 282, a bill for an act relating to child abuse
investigations by prohibiting release of the identity of a
reporter of child abuse.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 436, a bill for an act relating to the child abuse
registry by providing access for purposes of certifying sex
offender treatment providers, for certain publicly operated
facilities or programs, and for certain purposes of public
employers.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:01 p.m., until 1:45 p.m.
AFTERNOON SESSION
The House reconvened at 1:45 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bradley of Clinton on request of Siegrist of Pottawattamie.
COMMITTEE TO NOTIFY THE SENATE
Hahn of Muscatine moved that a committee of three be appointed
to notify the Senate that the House was ready to receive it in
joint convention.
The motion prevailed and the Speaker appointed as such committee
Hahn of Muscatine, Lord of Dallas and O'Brien of Boone.
Hahn, chair of the committee appointed to notify the Senate that
the House was ready to receive it in joint convention, reported
the committee had performed its duty.  The report was received
and the committee discharged.
The Sergeant-at-Arms announced the arrival of the President of
the Senate, the Secretary of the Senate and the honorable body
of the Senate.
The President was escorted to the Speaker's station; the
Secretary to the Chief Clerk's desk and the members of the
Senate were seated in the House chamber.
JOINT CONVENTION
PIONEER LAWMAKERS
FIFTY-THIRD BIENNIAL SESSION
(House Chamber - 2:00 p.m.)
In accordance with House Concurrent Resolution 20 duly adopted,
the joint convention was called to order, President Boswell
presiding.
President Boswell announced a quorum present and the joint
convention duly organized.
Senator Horn of Linn moved that a committee of four be appointed
to escort the Pioneer Lawmakers into the House chamber.
The motion prevailed and the President appointed as such
committee Senators Fink of Warren and Rensink of Sioux, on the
part of the Senate, and Renken of Grundy and Connors of Polk, on
the part of the House.
The committee escorted the Pioneer Lawmakers into the House
chamber.
President Boswell presented Senator Tony Bisignano of Polk,
President pro tempore of the Senate, who welcomed the Pioneer
Lawmakers on behalf of the Senate.
President Boswell presented Representative Harold Van Maanen of
Marion, Speaker pro tempore of the House, who welcomed the
Pioneer Lawmakers on behalf of the House of Representatives.
President Boswell presented the Honorable Minnette Doderer who
responded to the welcome.
The Honorable Minnette Doderer announced the 1975 class of
legislators who were eligible to become members of the Pioneer
Lawmakers. 
Honorary members of the 1975 class were Lobbyists: Charles
Wasker and Richard Bergland.
The Honorable Minnette Doderer presented Michael G. Gartner,
Editor and Co-owner of the Ames Daily Tribune, Ames, who
addressed the joint convention as follows:
Mr. Speaker, Representative Doderer and Pioneer Lawmakers and
not-so-pioneer lawmakers.
I'm flattered to be here with you today, and I know I was not
your first choice as speaker.  Representative Doderer told me
that first she asked President Clinton, and I know that his
inability to come is disappointing to many of you.
However, I shall try to do my best to fill in.  I shall waffle
on several issues, change my mind on some, and promise you
whatever you want.  And, after I'm through, my wife will talk to
you about health care -- and commodity futures.
And I'll try to stay within his usual time frame for a speech --
about an hour and a half.
I should tell you that on Sunday I'm the commencement speaker at
Waldorf College in Forest City, where I'm a last-minute fill-in
for Bob Dole.  I'm an equal-opportunity pinch-hitter.  Up there,
of course, I'll take the opposite position of everything I say
here today.  And I'll bring my NRA posters.
Actually, I'd like to talk with you here today about something
that I'm interested in every day of every year and that
President Clinton and Senator Dole are interested in for a few
weeks ever four years -- Iowa.
I love Iowa.
I was born here and raised here, and while I go off periodically
to do this or that, I keep returning.  For five years recently,
I commuted from here to New York every week simply because I
love Iowa, I wanted to keep in touch here, and I didn't want to
raise my family in New York.
A person is lucky if he finds a place that he loves, just as
he's lucky if he finds a person he loves.  And when you find
that place, just as when you find that person, you should never
let go.
There are lots of things I love about Iowa -- the law library in
this building, the courthouse in Adel, the rolling hills around
Decorah, the views from Lansing and McGregor, the Ledges and the
Loess Hills, the town squares and town characters, the elegance
of Terrace Hill, the soulful faces of our cows in spring, the
starkness of the cattle in the snowy fields on a chilly winter
day, the sheep-shearing at the State Fair, the band concerts on
summer nights, the basketball hoops in farmyards, the river as
it cuts through Iowa City, the morning coffee in the town cafes.
I could go on and on, as you could.
For this state has about everything wonderful you could ask for
from God and Neil Smith -- though, of course, God is on his own
now.
But the thing I love most about Iowa is its values.
Iowa is open -- its spaces and its government.
Iowa is clean -- its air and its politics.
Iowa is honest -- its people and its politicians.
Iowa believes in education -- for rich and for poor.
Iowa believes in hard work -- on the farm and in the factory.
Iowa believes in equality -- for every man and woman and child,
for everyone of every color, of every religion, of every belief.
 Why the very first case in the Supreme Court of Iowa -- 1 Iowa
1, decided even before we were a state -- was a case that
guaranteed freedom to a Missouri slave.
There simply is no place like Iowa in the world.
And I think you -- I think we, I think all Iowa -- should make
that fact the centerpiece of everything we do.
We should do four things:
First, we should put our money and our time and our thought and
our energies into making sure Iowa builds on those values.
Second, we should put our money and our time and our thought and
our energies into making sure we have an infrastructure that
lets us enjoy those values - an infrastructure of parks and
roads and trails and lakes and livable towns and lurable cities.
Third, we should find a way to boast of what we have, to embrace
those who are just passing through for a few years, to inoculate
others with the wonders and awe of Iowa, to ensure that when
people leave Iowa -- after a week or after 20 years -- they
never forget us.
And fourth, we should find a way to celebrate that which we're
so lucky to have -- which we sometimes take for granted,
sometimes tend to squander, sometimes look askance at.
I have some ideas for you.
Let's get rid of the Department of Economic Development.  Let's
have, instead, a bureau called Iowa Values.  Let's not entice
factories and firms with economic giveaways that any state can
match.  Let's let Iowa Values spend that economic-development
money, instead, building on that which is unique, which no other
state can match -- our life style and our people.
In the long run, it's our hard-working people, our good schools,
our roads and parks and lakes and trails, our lovely countryside
and lively cities that will entice new industry here and keep
old industry from leaving.  Let's take those old-fashioned
assets and combine them with new-fashioned ideas to make Iowa
simply irresistible.
What if we said we believe so strongly in educating our young
that we are increasing our school year by a whole month?  That's
in effect adding a year-and-a-half of learning for every Iowa
boy and girl who graduates from high school -- making them a
year-and-a-half smarter than youngsters from other places,
giving them a year-and-a-half leg up as they enter college. 
Would that not be a great thing for those youngsters?  Would
that not lure business people who want their children to get
great schooling, who want to be able to hire smart people, who
want to live where education is prized and praised?
A longer year in schools -- schools that are linked by the
imaginative and innovative and unique fiber-optics system, a
truly visionary plan -- forget the backroom politics that led to
it -- a visionary plan that will set this state apart.  It must
be completed, and it must be completed now.  You'd think twice
about leaving a state that cared about educating your children,
that cared about taking them into the next era of technology. 
But you wouldn't think twice about coming to such a state.
Let's have that department called Iowa Values subsidize the
schools so we can do all this.  We've got the greatest kids in
the world; let's make them the smartest, too.
Let's have Iowa Values work with our young another way:  Let's
have it set up a Peace Corps, an Americorps, no, an Iowa Corps
of youths.  Let's make community service mandatory as a
requirement for graduation.  Let's send the young out to help
Iowa's old -- we have a higher percentage of old people than any
other state.  Let's send the high schoolers out to read to them,
to walk with them, to talk with them -- and to learn from them. 
Let's have these smart kids tutor the young in the use of
computers.  Let's have them do physical work, too -- cleaning up
eyesores and fixing and painting and sawing and hammering.  Will
that not teach them about good deeds, teach them about Iowa,
teach them about values?  Will that not help them develop a
pride in Iowa, a loyalty to her?
And those old people.  Let's enlist them, too.  Why shouldn't
every retirement home adopt a school? Why couldn't the old
people there read to the little kids, help them with their
homework, listen to them -- hug them?  Would that not be
wonderful for both young and old?  You can't have too many
grandparents.  You can't get too many hugs -- whether you're 8
or 80.
Let's make that a project of Iowa Values.
Let's quit wasting our time arguing about dumb things - the
death penalty and abortion and prayer in school. Let's, instead,
pour our energies into finding ways to save our small towns, to
reinvigorate them, somehow, as growing branches of regional
centers - the Carrolls and Mount Pleasants and Algonas and
Waverlys and Fairfields of this state. Every town can't have a
hospital and a school, but it can have good roads leading to
hospitals and schools, it can have safe and secure homes, it can
have access to the new technology. That new agency, Iowa Values,
must ensure that every town is safe and livable, that every town
has links to a regional center, has links to technology. If we
are to prosper, we must worry about the automobile highway as
well as the information highway. Both must be modern and
bump-free.
And let's build our pride as we build our highways.
Let's tell the world what a wonderful place this is. All the
corporations in Iowa spend hundreds of millions of dollars a
year advertising in magazines and trade journals, on billboards
and television, on T-shirts and semis. What if they all agreed
just to add one little line at the bottom of every advertisement
- a line that said, "XYZ Corp. of Indianola - proud to be an
Iowan."
Wouldn't that message of Iowa pride begin to sink in on people
elsewhere - people who aren't proud of where they live and work?
Wouldn't they start to wonder about Iowa? Wonder what it is that
we have and they don't?
What if every tenth ad, say, went one step further and added one
little fact about Iowa. These ads might end with a one liner,
like: State fact: Iowa has the lowest murder rate in America.
Or: State Fact: Every school and hospital and town hall in Iowa
is linked to America's only state-wide fiber-optic network. Or:
State fact: Iowa's youngsters score the highest in the nation on
college-entrance exams. Things like that. And I'll tell you
this: You'll never run out of eye-opening facts.
Let's have those people in our new agency - Iowa Values - go to
work on that.
I've got another idea. Every fall, let's have a huge festival -
in Des Moines one year, then Cedar Rapids, and Davenport and
Ames, and Iowa City - a different place each year. Let's
celebrate the land and the people.
Let's have it combine the great things we stand for - the Iowa
Values - our good life, and our smart people, and our incredible
resources. Let's have it last a weekend, and let's have
everything from scenic bike rides to barn dances to seminars and
speeches.
Let's tie it in to that great world food prize that John Ruan
gives.
Let's invite an ex-Iowan - someone who was born here or who
lived here - to come and speak to us about something we should
know about - be it war in Bosnia  or architecture in Los
Angeles. Let's learn, and let's have fun. The Iowa Festival -
and the Iowa Speech.
And let's invite back, every year, 200 former Iowans for this
celebration. Men and women from business and education and
sports and entertainment and government  and science and
what-have-you. And let's pick 25 of them each year and give them
a new award, the Iowa Award, that recognizes their achievements
and, not incidentally, keeps Iowa on their minds.
Let's have the governor and the presidents of the universities
hand out those awards and honor those people.
Let's give them to men and women who exemplify the Iowa values -
values of hard work and honesty and education and selflessness.
Wouldn't that be a great autumn festival? New Orleans has its
Mardi Gras. The Twin Cities have their Winter Carnival. Boston
has its marathon. Why can't Iowa have its celebration?
Along with this, of course, we need all the things that all of
you have worked so hard - and continue to work so hard - to give
this state.
We need a sound tax structure that's fair to city and farm,
business and home, rich and poor.
We need the laws that ensure safety for all, help for the needy,
care for the sick, comfort for the aged.
We need the vision that provided the concrete highways of the
1920s and the information highway of today.
We need the leadership that sets examples for the young, that
shows the way for those of us who are ready to follow.
Historically, Iowa has provided all of that - its legislators
have, its judges have, its business people have, its farmers
have, its educators have.
But now we are entering a new century, and we must think in new
ideas.
And one of those ideas, I hope, will be to reaffirm our belief
in Iowa values, to reassess how we can strengthen those values,
and to reposition this state to use those values as a way to
grow and prosper.
That's about all I have to say.
I'm flattered, again, to have been asked to speak with you.
I know I didn't quite live up to what I promised. I didn't speak
as long as President Clinton might have.
And I didn't waffle.
But I couldn't.
For I have no doubt about one thing:
I love Iowa.
Thank you.
On motion by Gipp of Winneshiek, the joint convention was
dissolved at 2:30 p.m.
The House stood at ease at  2:31 p.m., until the fall of the
gavel.
The House resumed session at 2:43 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 fifty-eight members present,
forty-two absent.
CONSIDERATION OF BILLS
Regular Calendar
The House resumed consideration of House File 528, a bill for an
act relating to criminal and juvenile justice, including
providing that certain identifying information regarding
juveniles involved in delinquent acts is a public record,
exempting certain offenses from the jurisdiction of the juvenile
court, placing a juvenile in detention as a 
dispositional alternative, waiving a juvenile to adult court,
the release or detention of certain criminal defendants pending
sentencing or appeal following conviction, eliminating the
notice required for students before certain locker searches,
adding custody and adjudication information regarding juveniles
to state criminal history files, establishing a juvenile justice
task force, authorizing the transmission of communicable disease
information by radio in certain circumstances, and enhancing or
establishing penalties, previously deferred.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-3494 filed by him on March 27, 1995.
Connors of Polk offered the following amendment H-3523 filed by
Connors of Polk, Kreiman and Lamberti from the floor and moved
its adoption:
H-3523
 1     Amend House File 528 as follows:
 2     1.  Page 7, by inserting after line 4 the
 3   following:
 4     "Sec. ___.  Section 232.52, subsection 2, paragraph
 5   a, Code 1995, is amended by adding the following new
 6   subparagraph:
 7     NEW SUBPARAGRAPH.  (5)  The suspension of the motor
 8   vehicle license or operating privilege of the child
 9   for a period not to exceed one year.  The order shall
10   state whether a work permit may or shall not be issued
11   to the child."
12     2.  Page 7, line 22, by inserting after the word
13   "system" the following:  "and may also retain a copy
14   of the fingerprint card for comparison with latent
15   fingerprints and the identification of repeat
16   offenders".
17     3.  Title page, line 1, by inserting after the
18   word "including" the following:  "authorizing the
19   suspension of the juvenile's motor vehicle license,
20   authorizing a criminal justice agency to retain a copy
21   of a juvenile's fingerprint card,".
22     4.  By renumbering and correcting internal
23   references as necessary.
Amendment H-3523 was adopted.
Connors of Polk offered the following amendment H-3524 filed by
him from the floor and moved its adoption:
H-3524
 1     Amend House File 528 as follows:
 2     1.  Page 7, by inserting after line 4 the
 3   following:
4     "Sec. ___.  Section 232.52, subsection 2, paragraph
 5   a, subparagraph (3), Code 1995, is amended to read as
 6   follows:
 7     (3)  If the child is fourteen years of age or
 8   older, a fine of up to one-half the amount which could
 9   be imposed against an adult if the delinquent act is a
10   public offense and restitution consisting of monetary
11   payment or a work assignment of value to the county or
12   to the public for fees of attorneys appointed to
13   represent the child at public expense pursuant to
14   section 232.11."
15     2.  Title page, line 1, by inserting after the
16   word "including" the following:  "authorizing the
17   imposition of a fine against a juvenile adjudicated
18   delinquent,".
Amendment H-3524 lost.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-3495 filed by him on March 27, 1995.
Kreiman of Davis offered amendment H-3500 filed by him as
follows:
H-3500
 1     Amend House File 528 as follows:
 2     1.  Page 7, by inserting after line 9 the
 3   following:
 4     "Sec. ___.  Section 232.147, subsection 2, Code
 5   1995, is amended to read as follows:
 6     2.  Official juvenile court records in cases
 7   alleging delinquency shall be public records, subject
 8   to sealing under section 232.150.  If the court has
 9   excluded the public from a hearing under division II
10   of this chapter, the transcript of the proceedings
11   shall not be deemed a public record and inspection and
12   disclosure of the contents of the transcript shall not
13   be permitted except pursuant to court order or unless
14   otherwise provided in this chapter.  Official juvenile
15   court records, including complaints which are public
16   records under section 232.28, subsection 10, shall be
17   released under this section only by a juvenile court
18   officer."
19     2.  By renumbering as necessary.
Kreiman of Davis offered the following amendment H-3530, to
amendment H-3500 filed by him from the floor and moved its
adoption:
H-3530
 1     Amend the amendment, H-3500, to House File 528 as
 2   follows:
 3     1.  Page 1, line 16, by striking the word "shall"
 4   and inserting the following:  "may".
 5     2.  Page 1, line 17, by striking the word "only".
Amendment H-3530 was adopted.
On motion by Kreiman of Davis, amendment H-3500, as amended, was
adopted.
Doderer of Johnson offered amendment H-3483 filed by her and
requested division as follows:
H-3483
 1     Amend House File 528 as follows:
H-3483A
 2     1.  Page 7, line 33, by inserting after the word
"act" the
 3   following:  ", which would be an aggravated misdemeanor
or
 4   felony if committed by an adult,".
 5     2.  Page 8, line 18, by inserting after the word
"committed"
H-3483B
 6   the following:  ", which would be an aggravated
misdemeanor or
 7   felony if committed by an adult,".
 8     3.  Page 8, line 19, by inserting after the word
"custody" the
 9   following:  ", for a delinquent act which would be an
aggravated
10   misdemeanor or felony if committed by an adult,".
11     4.  Page 8, line 20, by inserting after the word
"petitions "
12   the following:  ", alleging a delinquent act which would
be an
13   aggravated misdemeanor or felony if committed by an
adult,".
14     5.  Page 8, line 32, by inserting after the word
"petition"the
15   following:  ", alleging a delinquent act which would be
an
16   aggravated misdemeanor or felony if committed by an
adult,".
H-3483A
17     6.  Page 14, line 12, by inserting after the word
"act"  the
18   following:  ", which would be an aggravated misdemeanor
or
19   felony if committed by an adult,".
20     7.  Page 14, line 15, by inserting after the word
"act"  the
21   following:  ", which would be an aggravated misdemeanor
or
22   felony if committed by an adult,".
23     8.  Page 14, line 17, by inserting after the word
"act"  the
24   following:  ", which would be an aggravated misdemeanor
or
25   felony if committed by an adult,".
26     9.  Page 14, line 25, by inserting after the word
"custody" the
27   following:  ", for a delinquent act which would be an
aggravated
28   misdemeanor or felony if committed by an adult,".
29     10.  Page 14, line 27, by inserting after the word
"custody" the
30   following:  ", for a delinquent act which would be an
aggravated
31   misdemeanor or felony if committed by an adult,".
32     11.  Page 14, line 29, by inserting after the word
"custody"
33   the following:  ", for a delinquent act which would be
an
34   aggravated misdemeanor or felony if committed by an
adult,".
35     12.  Page 14, line 30, by inserting after the word
"custody"
36   the following:  ", for a delinquent act which would be
an
37   aggravated misdemeanor or felony if committed by an
adult,".
38     13.  Page 14, line 33, by inserting after the figure
"232.35"
39   the following:  ", alleging a delinquent act which would
be an
40   aggravated misdemeanor or felony if committed by an
adult,".
41     14.  Page 15, line 6, by inserting after the word
"custody" the
42   following:  ", for a delinquent act which would be an
aggravated
43   misdemeanor or felony if committed by an adult,".
44     15.  Page 15, line 12, by inserting after the figure
"232.35,"
45   the following:  "alleging a delinquent act which would be
an
46   aggravated misdemeanor or felony if committed by an
adult,".
47     16.  Page 15, line 16, by inserting after the figure
"232.35"
48   the following:  ", alleging a delinquent act which would
be an
49   aggravated misdemeanor or felony if committed by an
adult,".
50     17.  Page 17, line 4, by inserting after the word
"custody" the

Page 2  

 1   following:  ", for a delinquent act which would be an
aggravated
 2   misdemeanor or felony if committed by an adult,".
Doderer of Johnson asked and received unanimous consent to
withdraw amendment H-3483A filed by her on March 27, 1995.
Kreiman of Davis offered amendment H-3480 filed by him as
follows:
H-3480
 1     Amend House File 528 as follows:
 2     1.  Page 8, by inserting after line 6 the
 3   following:
 4     "Sec. ___.  Section 232.150, Code 1995, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  3A.  Notwithstanding subsections 1
 7   through 3, records and files of a criminal justice
 8   agency concerning a person involved in a delinquent
 9   act shall be sealed when the person reaches twenty-
10   three years of age."
11     2.  By renumbering as necessary.
Kreiman of Davis offered the following amendment H-3526, to
amendment H-3480 filed by him from the floor and moved its
adoption:
H-3526
 1     Amend the amendment, H-3480, to House File 528 as
 2   follows:
 3     1.  Page 1, by inserting after line 10 the
 4   following:
 5     "   .  Page 16, by striking lines 7 through 9 and
 6   inserting the following:  "twenty-one years of age.""
 7     2.  By renumbering as necessary.
Amendment H-3526 lost.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-3480 filed by him on March 27, 1995.
The House resumed consideration of amendment H-3483B.
On  motion by Doderer of Johnson, amendment H-3483B was adopted.
Kreiman of Davis offered the following amendment H-3501 filed by
him and moved its adoption:
H-3501
 1     Amend House File 528 as follows:
 2     1.  Page 17, by inserting after line 27 the
 3   following:
 4     "Sec. ___.  NEW SECTION.  723A.4  CRIMINAL GANG
 5   MEMBERSHIP.
 6     A person who is a member of a criminal street gang
 7   commits an aggravated misdemeanor."
 8     2.  By renumbering as necessary.
Amendment H-3501 lost.
Kreiman of Davis offered the following amendment H-3481 filed by
him and Holveck and moved its adoption:
H-3481
 1     Amend House File 528 as follows:
 2     1.  Page 19, by striking lines 16 through 24 and
 3   inserting the following:  "for in subsection 1 or 2 is
 4   presumed to be ineligible to be admitted to bail
 5   unless the court determines finds by clear and
 6   convincing evidence that such release reasonably will
 7   not result in the person failing to appear as required
 8   and will not jeopardize the personal safety of another
 9   person or persons."
Amendment H-3481 was adopted.
Witt of Black Hawk offered the following amendment H-3459 filed
by him and moved its adoption:
H-3459
 1     Amend House File 528 as follows:
 2     1.  Page 20, line 8, by inserting after the word
 3   "designee;" the following:  "a faculty member at a
 4   college or university in Iowa which offers a major in
 5   criminology and criminalistics who has expertise in
 6   juvenile justice issues;".
Amendment H-3459 was adopted.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-3479, previously deferred,  filed by him on
March 27, 1995.
MOTION TO RECONSIDER PREVAILED
Weidman of Cass called up for immediate consideration the motion
to reconsider amendment H-3522B, to House File 528, filed from
the floor, and moved to reconsider the vote by which amendment
H-3522B was adopted by the House on March 28, 1995.
A non-record roll call was requested.
The ayes were 53, nays 27.
The motion prevailed and the House reconsidered amendment
H-3522B, found on pages 1015 through 1017 of the House Journal.
The following amendment H-3536, to amendment H-3522B, filed by
Connors of Polk from the floor, was adopted by unanimous consent:
H-3536
 1     Amend the amendment H-3522, to House File 528
 2   as follows:
 3     1. Page 1, line 34, by striking the letter ""b""
 4   and inserting the letter ""a"".
On motion by Connors of Polk, amendment H-3522B, as amended,
lost.
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. 528)
The ayes were, 92:

Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Branstad
Brauns         	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill      	Cohoon         	Connors
Coon           	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Drake          	Drees
Eddie          	Ertl           	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
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          	Rants
Renken         	Running        	Salton         	Schrader
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Tyrrell        	Van Fossen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Van Maanen,
			  Presiding
The nays were, 3:

Doderer        	Fallon         	Holveck
Absent or not voting, 5:

Bradley        	Brammer        	Brand                 	Thomson
Corbett, Spkr.
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 528 be immediately messaged to the Senate.
House File 535, a bill for an act relating to a reduction in aid
to a recipient of the family investment program for continued
truancy by a recipient's child and establishing a penalty for
providing aid, support, or shelter to a runaway or truant, and
providing a conditional effectiveness provision, was taken up
for consideration.
The House stood at ease at 5:02 p.m., until the fall of the
gavel.
The House resumed session at 5:35 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 535 be deferred and that the bill be placed on
the unfinished business calendar.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
House Files 118 and 406.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on March 28,
1995. Had I been present, I would have voted "aye"  on House
File 406 and "nay" on amendment H-3475 to House File 528.
BRADLEY of Clinton
BILL SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 28, 1995, he approved and transmitted to the Secretary
of State the following bill:
Senate File 460, an act relating to the establishment of the
state percent of growth for purposes of the state school
foundation program and providing an effective and applicability
date provision.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Fifteen foreign exchange students, accompanied by Mary Ann
Heckman. By Dinkla of Guthrie.
Forty fifth grade students from Exira Community School, Exira,
accompanied by Shelli Nelson, Vicki Richards and Ann White. By
Drake of Pottawattamie.
A group of 4-H students from Cedar, Scott, Muscatine, Clinton
and Jackson Counties, accompanied by former Representative Dan
Petersen. By Hahn of Muscatine and Cornelius of Jackson.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF GENERAL SERVICES
The Annual Report for Fiscal Year 1994, pursuant to Chapter 7E,
Code of Iowa.
STATE OF VIRGINIA
Senate Joint Resolution 279, memorializing the Congress of the
United States to propose an amendment to Article V of the
Constitution of the United States to provide for state-initiated
amendments to the Constitution.
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
1995\158	Christina Beck, Guthrie Center - For being selected to
the Iowa All-State Speech Team.
1995\159	Jessica Lewis, Guthrie Center - For being selected to
the 1A All-State Girl's Basketball Team.
1995\160	Kristin Scott, Council Bluffs - For receiving a Best
Community Scholarship.
1995\161	Kellie VanNordstrand, Council Bluffs - For receiving a
Best Community Scholarship.
1995\162	Brandi Christie, Council Bluffs - For receiving a Best
Community Scholarship.
SUBCOMMITTEE ASSIGNMENTS
      House File 491
Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and
Witt.
House File 500
Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and
Witt.
House File 541
Judiciary: Harrison, Chair; Lamberti and Moreland.
House File 543
Judiciary: Harrison, Chair; Lamberti and Moreland.
Senate File 120
Judiciary: Kremer, Chair; Harrison and Shoultz.
Senate File 162
Commerce-Regulation: Jacobs, Chair; Cormack and Holveck.
Senate File 174
Human Resources: Martin, Chair; Blodgett, Ertl, Moreland and
Witt.
Senate File 175
Commerce-Regulation: Lamberti, Chair; Doderer and Van Fossen.
Senate File 178
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
Senate File 263
Human Resources: Blodgett, Chair; Harper, Myers, Schulte and
Veenstra.
Senate File 271
Commerce-Regulation: Nutt, Chair; Lamberti and Weigel.
Senate File 290
Transportation: Welter, Chair; Arnold and Cohoon.
Senate File 293
Judiciary: Boddicker, Chair; Bell and Greiner.
Senate File 296
Judiciary: Lamberti, Chair; Coon, Doderer, Harrison and Kreiman.
Senate File 315
Human Resources: Carroll, Chair; Hammitt, Lord, Myers and Witt.
Senate File 346
Human Resources: Carroll, Chair; Hammitt, Lord, Myers and Witt.
Senate File 352
Human Resources: Boddicker, Chair; Brand, Fallon, Harrison and
Hurley.
Senate File 359
Judiciary: Boddicker, Chair; Doderer and Millage.
Senate File 366
Judiciary: Boddicker, Chair; Bernau and Hurley.
Senate File 367
Judiciary: Boddicker, Chair; Doderer and Millage.
Senate File 369
Judiciary: Boddicker, Chair; Doderer and Millage.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 324 Ways and Means
Relating to the definition of business income for purposes of
the state corporate income tax and providing effective and
applicability date provisions.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON STATE GOVERNMENT
Senate File 98, a bill for an act relating to the preservation
of the Iowa state capitol.
Fiscal Note is not required.
Recommended Do Pass March 28, 1995.
Senate File 207, a bill for an act relating to the distribution
and sale of beer, providing for the regulation of brewer and
wholesaler agreements, prohibiting certain conduct, providing
for the transfer of business assets, providing judicial
remedies, specifying applicability, and providing for other
properly related matters.
Fiscal Note is not required.
Recommended Do Pass March 28, 1995.

AMENDMENTS FILED
H-3520	S.F.	117	Blodgett of Cerro Gordo
H-3521	H.F.	174	Carroll of Poweshiek
H-3525	S.F.	141	Carroll of Poweshiek
H-3527	H.F.	535	Ollie of Clinton
H-3528	H.F.	535	Wise of Lee
			Grubbs of Scott
H-3529	H.F.	519	Meyer of Sac
H-3531	H.F.	164	Dinkla of Guthrie
				Bernau of Story
H-3532	H.F.	480	Larson of Linn
H-3533	H.F.	486	Vande Hoef of Osceola
H-3534	H.F.	537	Ertl of Dubuque
H-3535	H.F.	163	Weigel of Chickasaw
H-3537	H.F.	530	Weigel of Chickasaw
H-3538	H.F.	530	Running of Linn
				Mascher of Johnson
H-3539	H.F.	530	Running of Linn
	Holveck of Polk			Weigel of Chickasaw
	Murphy of Dubuque		Harrison of Scott
	Connors of Polk			
H-3540	H.F.	530	Weigel of Chickasaw
				Bell of Jasper
				Mundie of Webster
				Mascher of Johnson
H-3541	H.F.	530	Weigel of Chickasaw
				Mundie of Webster
				Mascher of Johnson
H-3542	H.F.	530	Van Fossen of Scott
	Martin of Scott			Heaton of Henry
	Halverson of Clayton		Harrison of Scott		Lamberti of
Polk			Sukup of Franklin
H-3543	H.F.	499	Jacobs of Polk
				Lamberti of Polk
				Cataldo of Polk
H-3544	H.F.	166	Schrader of Marion
H-3545	H.F.	530	Mascher of Johnson
				Murphy of Dubuque
H-3546	S.F.	266	Millage of Scott
				Murphy of Dubuque
				Grundberg of Polk
H-3547	S.F.	266	Millage of Scott
H-3548	H.F.	337	Wise of Lee
				Myers of Johnson
				Witt of Black Hawk
H-3549	S.F.	352	Fallon of Polk
H-3550	S.F.	352	Fallon of Polk
H-3551	H.F.	130	Fallon of Polk
				Hurley of Fayette
On motion by Siegrist of Pottawattamie, the House adjourned at
5:39 p.m. until 8:45 a.m., Wednesday, March 29, 1995.
JOINT MEMORIAL SERVICE
"Amazing Grace"	John Newton
William Vens, accompanied by Senator Mary Kramer
Invocation	Senator Wilmer Rensink
MEMORIALS - SENATE
Reading: Senator Michael W. Connolly
MEMORIALS - HOUSE
Reading: Representative C. Arthur Ollie
MEMORIALS - SENATE
Reading: Senator Berl E. Priebe
MEMORIALS - HOUSE
Reading: Representative Effie Lee Boggess
"How Great Thou Art"	Stuart K. Hine
Instrumental: Senator Mary Kramer
MEMORIALS - HOUSE AND SENATE
Reading: Senator Jim Lind
Reading: Senator Michael W. Connolly
Reading: Senator Berl E. Priebe
"On Eagle's Wings"	Michael Joncas
MEMORIALS - HOUSE
Reading: Representative Kenneth Veenstra
MEMORIALS - SENATE
Reading: Senator Jim Lind
MEMORIALS - HOUSE
Reading: Representative Michael J. Cataldo
"Prayer Changes Things"	May Agnew Stephens
Choir: Directed by Mary Heaton
Accompanied by Senator Mary Kramer
IN MEMORIAM
SERVED IN THE HOUSE OF REPRESENTATIVES AND SENATE
Honorable Charles Balloun (Tama County) House - 59th, 60th and
60X. (1961-1964) Senate - 62nd, 63rd and 64th. (1967-1972)
Honorable Francis Messerly (Black Hawk County) House - 59th,
60th and 60X. (1961-1964) Senate - 61st, 62nd, 63rd and 64th.
(1965-1972)
Honorable Charles P. Miller (Des Moines County) House - 60th,
60X, 61st, 62nd and 63rd. (1963-1970) Senate - 64th, 65th, 66th,
67th, 67X, 68th, 69th, 69X, 70th, 71st, 72nd and 72X. (1971-1980)
Honorable Jack Miller (Woodbury County) House - 56th.
(1955-1956) Senate - 57th and 58th. (1957-1960)
Honorable Dale L. Tieden (Clayton County) House - 61st, 62nd,
63rd and 64th. (1965-1972) Senate - 65th, 66th, 67th, 67X, 68th,
69th, 69X, 70th, 71st, 72nd, 72X, 73rd and 74th. (1973-1992)
SERVED IN THE HOUSE OF REPRESENTATIVES
Honorable Philip A. Davitt (Warren County) 67th, 67X, 68th,
69th, 69X and 70th. (1977-1984)
Honorable Kenneth R. De Groot (Lyon County) 68th, 69th, 69X,
70th, 71st, 72nd, 72X, 73rd, 74th and 74X. (1979-1992)
Honorable Milton H. Distelhorst (Des Moines County) 61st and
62nd. (1965-1968)
Honorable Fred W. Hall (Humboldt County) 57th and 58th.
(1957-1960)
Honorable Joseph G. Knock (Union County) 59th, 60th and 60X.
(1961-1964)
Honorable James I. Middleswart (Warren County) 62nd, 63rd, 64th,
65th, 66th, 67th and 67X. (1967-1978)
Honorable Alfred Nielsen (Shelby County) 60th, 60X, 61st, 62nd,
63rd and 64th. (1963-1972)
Honorable Carroll I. Redfern (Lee County) 61st and 62nd.
(1965-1968)
Honorable C.F. "Frank" Shimanek (Jones County) 48th, 49th, 50th
and 50X. (1939-1944)
Honorable Virgil E. Smith (Madison County) 52nd. (1947-1948)
Honorable Vince Steffen (Chickasaw County) 60th, 60X, 61st and
62nd. (1963-1968)
Honorable Semor C. Tofte (Winneshiek County) 65th, 66th, 67th,
67X, 68th, 69th, 69X and 70th. (1973-1984)
Honorable Miss Percie Van Alstine (Humboldt County) 59th, 60th
and 60X. (1961-1963)
Honorable Keith Kennedy (Linn County) 61st. (1965-1966)
SERVED IN THE SENATE
Honorable Linn Fuhrman (Buena Vista County) 72nd, 72X, (June and
October), 73rd, 74th, 74X and 75th. (1987-1994)
Honorable George W. Gross (Woodbury County) 64th. (1971-1972)
Honorable Jacob Grimstead (Winnebago County) 55th, 56th, 57th,
58th, 59th, 60th and 60X. (1953-1964)
Honorable Harry G. Slife (Black Hawk County) 74th, 74X and 1st
half 75th. (1991-1993)
Honorable Edward A. Wearin (Montgomery County) 59th, 60th and
60X. (1961-1964)
**************
	Candlelighters		Hosts
Senator Eugene Fraise	Senator Patty Judge
Senator Maggie Tinsman	Senator and Mrs. John P. Kibbie
Representative Donna M. Hammitt	Senator and Mrs. Lyle E. Zieman
Representative Richard E. Myers	Representative and Mrs. John H.
Connors
		Representative Mona Martin and Mr. Martin
		Representative and Mrs. Jerry J. Welter
SENATE MEMORIAL COMMITTEE	HOUSE MEMORIAL COMMITTEE
Honorable William D. Palmer, Chair	Honorable Horace Daggett,
Chair
Honorable Brad Banks	Honorable John H. Connors
Honorable Nancy Boettger	Honorable Minnette Doderer
Honorable Berl E. Priebe	Honorable Richard Vande Hoef
Piano compliments of Critchett's Piano and Organ Co., Inc., Des
Moines, Iowa
Flowers arranged by The Bloomin' Greenery
Indianola, Iowa

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