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House Journal: Tuesday, January 23, 1996

Sixteenth Calendar Day - Eleventh Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, January 23, 1996
The House met pursuant to adjournment, Speaker Corbett in the
chair.
Prayer was offered by Reverend Mark Sherwood, Berean Baptist
Church, Perry.
The Journal of Monday, January 22, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bernau of Story on request of Schrader of Marion; Veenstra of
Sioux on request of Daggett of Union; Martin of Scott on request
of Kremer of Buchanan; Weigel of Chickasaw on request of Koenigs
of Mitchell; Doderer of Johnson on request of Harper of Black
Hawk; Moreland of Wapello on request of Cataldo of Polk.
INTRODUCTION OF BILLS
House File 2094, by Siegrist, Churchill, Disney, Grundberg,
Jacobs, Metcalf, Fallon, Cataldo, McCoy, and Connors, a bill for
an act prohibiting abuse of a human corpse, and providing a
penalty.
Read first time and referred to committee on judiciary.
House File 2095, by Brunkhorst, a bill for an act relating
to interpreters for deaf and hard-of-hearing persons.
Read first time and referred to committee on state government.
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 January 18, 1996, adopted the following
resolution in which the concurrence of the House is asked:
Senate Concurrent Resolution 103, a concurrent resolution
posthumously honoring Mr. Loren Callendar, and recognizing his
many contributions to city government and to the citizens of
Siouxland.
JOHN F. DWYER, Secretary
RESOLUTION FILED
SCR 103, by Hansen, a concurrent resolution posthumously
honoring Mr. Loren Callendar, and recognizing his many
contributions to city government and to the citizens of
Siouxland.
Passed on File.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution105 be immediately messaged to
the Senate.
CONSIDERATION OF BILLS
Regular Calendar
House File 2001, a bill for an act extending an exemption from
federal motor carrier safety regulations for medically
unqualified drivers and providing an effective date, with report
of committee recommending passage, was taken up for
consideration.
Carroll of Poweshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2001)
The ayes were, 90:
Arnold         	Bell           	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brand	Branstad       	Brauns   
     	Brunkhorst     	Carroll        	Cataldo        	Churchill 
    	Cohoon         	Connors               	Cormack       
	Daggett        	Dinkla         	Disney         	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  
        	Mascher        	May            	McCoy 	Mertz         
	Metcalf        	Meyer          	Millage        	Mundie        
	Murphy         	Myers          	Nelson, B.	Nelson, L.      
	Nutt           	O'Brien        	Ollie          	Osterhaus     
	Rants          	Renken         	Salton         	Schrader      
	Schulte        	Shoultz        	Siegrist       	Sukup         
	Taylor         	Teig           	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Warnstadt     
	Weidman        	Welter         	Wise           		Witt          
	Mr. Speaker
 		  Corbett
The nays were, none:
Absent or not voting, 10:

Baker          	Bernau         	Brammer        	 Burnett       
	Coon           	Doderer        	Martin         	Moreland      
	Veenstra       	Weigel         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Appropriations Calendar
House File 2065, a bill for an act relating to an appropriation
to the judicial department for long-range and strategic planning
and providing an effective date, was taken up for consideration.
Millage of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2065)
The ayes were, 91:

Arnold         	Baker 	Bell           	Blodgett       	Boddicker
     	Boggess        	Bradley        	Brand          	Branstad  
    	Brauns         	Brunkhorst     	Carroll        	Cataldo    
   	Churchill      	Cohoon         	Connors             	Cormack
       	Daggett        	Dinkla         	Disney         	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   
       	Mascher        	May            	McCoy 	Mertz         
	Metcalf        	Meyer          	Millage        	Mundie        
	Murphy         	Myers          	Nelson, B. 	Nelson, L.      
	Nutt           	O'Brien        	Ollie          	Osterhaus     
	Rants          	Renken         	Salton         	Schrader      
	Schulte        	Shoultz        	Siegrist       	Sukup         
	Taylor         	Teig           	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Warnstadt     
	Weidman        	Welter         	Wise           	Witt          
	Mr. Speaker
 		Corbett
The nays were, none:
Absent or not voting, 9:

Bernau         	Brammer        	 Burnett        	 Coon          
	Doderer 	Martin         	 Moreland       	 Veenstra      
	Weigel 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
House Files 2001 and 2065.
CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 107
Warnstadt of Woodbury called up for consideration House
Concurrent Resolution 107, a concurrent resolution posthumously
honoring Mr. Loren Callendar, and recognizing his many
contributions to city government and to the citizens of
Siouxland.

SENATE CONCURRENT RESOLUTION 103 SUBSTITUTED
FOR HOUSE CONCURRENT RESOLUTION 107
Warnstadt of Woodbury asked and received unanimous consent to
substitute Senate Concurrent Resolution 103 for House Concurrent
Resolution 107.
Warnstadt of Woodbury called up for consideration Senate
Concurrent Resolution 103, a concurrent resolution posthumously
honoring Mr. Loren Callendar, and recognizing his many
contributions to city government and to the citizens of
Siouxland, and moved its adoption.
The motion prevailed and the resolution was adopted.
Regular Calendar
House File 329, a bill for an act relating to an award of
attorney fees in an action to enforce a mechanic's lien, with
report of committee recommending passage, was taken up for
consideration.
Dinkla of Guthrie moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 329)
The ayes were, 92:

Arnold         	Baker          	Bell           	Blodgett      
	Boddicker      	Boggess        	Bradley        	Brand         
	Branstad       	Brauns         	Brunkhorst     	Burnett       
	Carroll        	Cataldo        	Churchill      	Cohoon
         	Connors               	Cormack        	Daggett       
	Dinkla         	Disney         	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          
	Mascher        	May            	McCoy          	Mertz         
	Metcalf        	Meyer          	Millage        	Mundie        
	Murphy         	Myers          	Nelson, B.      	Nelson, L.    
  	Nutt           	O'Brien        	Ollie          	Osterhaus    
 	Rants          	Renken         	Salton         	Schrader      
	Schulte        	Shoultz        	Siegrist       	Sukup         
	Taylor         	Teig           	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Warnstadt     
	Weidman        	Welter         	Wise           	Witt          
	Mr. Speaker  				Corbett
The nays were, none:

Absent or not voting, 8:

Bernau         	Brammer        	Coon           	Doderer       
	Martin         	Moreland       	Veenstra       	Weigel         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 121, a bill for an act relating to the taping and
broadcasting of certain high school athletic events, with report
of committee recommending amendment and passage, was taken up
for consideration.
Kreiman of Davis asked and received unanimous consent to defer
action on amendment H-3230.
Kreiman of Davis offered the following amendment H-5005 filed by
the committee on education and moved its adoption:

H-5005

 1     Amend House File 121 as follows:
 2     1.  Page 1, by striking lines 6 through 15 and
 3   inserting the following:  "video tape retransmission
 4   of a high school athletic tournament contest or event
 5   if the video tape retransmission does not occur
 6   earlier than twenty-four hours after the".
The committee amendment H-5005 was adopted, placing out of order
amendment H-3230 filed by the committee on education on March 7,
1995 and amendment H-3343, to the committee amendment H-3230,
filed by Nelson of Marshall on March 20, 1995.
Kreiman of Davis 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. 121)
The ayes were, 92:

Arnold         	Baker          	Bell           	Blodgett      
	Boddicker      	Boggess        	Bradley        	Brand         
	Branstad       	Brauns         	Brunkhorst     	Burnett       
	Carroll        	Cataldo        	Churchill      	Cohoon        
	Connors               	Cormack        	Daggett        	Dinkla  
      	Disney         	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           	Mascher       
	May            	McCoy          	Mertz          	Metcalf       
	Meyer          	Millage        	Mundie         	Murphy        
	Myers          	Nelson, B.      	Nelson, L.       	Nutt        
  	O'Brien        	Ollie          	Osterhaus      	Rants 	Renken
        	Salton         	Schrader       	Schulte        	Shoultz
       	Siegrist       	Sukup          	Taylor         	Teig    
      	Thomson        	Tyrrell        	Van Fossen     	Van
Maanen     	Vande Hoef     	Warnstadt      	Weidman       
	Welter         	Wise           	Witt           	Mr. Speaker 
				Corbett
The nays were, none:
Absent or not voting, 8:

Bernau         	Brammer        	Coon           	Doderer       
	Martin         	Moreland       	 Veenstra       	Weigel        

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 16, a bill for an act relating to certain minors'
rights to object to voluntary commitment and providing for
surrogate decision making by parents, legal guardians, or other
legal representatives under certain circumstances,  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. 16)
The ayes were, 92:

Arnold         	Baker          	Bell           	Blodgett      
	Boddicker      	Boggess        	Bradley        	Brand         
	Branstad       	Brauns         	Brunkhorst     	Burnett       
	Carroll        	Cataldo        	Churchill      	Cohoon        
	Connors               	Cormack        	Daggett        	Dinkla  
      	Disney         	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           	Mascher       
	May            	McCoy          	Mertz          	Metcalf       
	Meyer          	Millage        	Mundie         	Murphy        
	Myers          	Nelson, B.      	Nelson, L.       	Nutt        
  	O'Brien        	Ollie          	Osterhaus      	Rants        
 	Renken         	Salton         	Schrader       	Schulte       
	Shoultz        	Siegrist       	Sukup          	Taylor        
	Teig           	Thomson        	Tyrrell        	Van Fossen    
	Van Maanen     	Vande Hoef     	Warnstadt      	Weidman       
	Welter         	Wise           	Witt           	Mr. Speaker 
  			  Corbett
The nays were, none:
Absent or not voting, 8:

Bernau         	Brammer        	Coon           	Doderer       
	Martin         	Moreland       	Veenstra       	Weigel         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
House Files 16 and 121; Senate Concurrent Resolution 103.
HOUSE CONCURRENT RESOLUTION 107 WITHDRAWN
Warnstadt of Woodbury asked and received unanimous consent that
House Concurrent Resolution 107 be withdrawn from further
consideration by the House.
EXPLANATION OF VOTE
I was necessarily absent from the house chamber on January 23,
1996.  Had I been present, I would have voted "aye" on House
Files 16, 121, 329, 2001 and 2065, and Senate Concurrent
Resolution 103.
MARTIN of Scott
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\34	Grant Wood All City Drum Corps, Cedar Rapids - For
leading the Iowa House of Representatives in the Pledge of
Allegiance, Monday, January 22, 1996.
1996\35	Bill Bates, Storm Lake - For being selected to The Times
Hall of Fame.
1996\36	Thelma L. Poole, Council Bluffs - For celebrating her
Ninetieth birthday.
1996\37	M.E. "Barney" Rew, Council Bluffs - For celebrating his
Ninetieth birthday.
1996\38	Verjane and Edward Steensen, Council Bluffs - For
celebrating their Fiftieth wedding anniversary.			
1996\39	Marjore and Walter Ousley, Centerville - For celebrating
their Fiftieth wedding anniversary.
1996\40	Mary Lee and Elzie Williams, Camanche - For celebrating
their Fiftieth wedding anniversary.
1996\41	Alice and Paule Knudson, Clinton - For celebrating their
Fiftieth wedding anniversary.
1996\42	Sadie Huizenga, Camanche - For celebrating her Eightieth
birthday.
1996\43	Albert Grady, Clinton - For celebrating his Eightieth
birthday.
1996\44	Duncan Glab, President Morrison Brothers, Dubuque - For
his Fifty years of service to Morrison Brothers.
1996\45	Brad Taylor Roland-Story High School, Story City - For
being selected the 1995-96 Iowa Vocational Agriculture Teacher
of the Year.
1996\46	Dallas Kray Roland-Story High School, Story City - For
being selected the 1995-96 Iowa Athletic Director of the Year.
1996\47	Joshua Bundt, Glidden - For his appointment to the U.S.
Military  Academy at West Point.
1996\48	Jason Andrew, Colo - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
House File 47
State Government: Houser, Chair; Cataldo and Disney. 
House File 2047
Commerce-Regulation: Metcalf, Chair; Cataldo, Cormack, Doderer
and Sukup.
House File 2057
Commerce-Regulation: Metcalf, Chair; Cataldo, Cormack, Doderer
and Sukup.
House File 2064
Commerce-Regulation: Van Fossen, Chair; Baker and Sukup.
House File 2073
Judiciary: Schulte, Chair; Kreiman and Veenstra.
House File 2074
Local Government: Brauns, Chair; Disney and Mertz.
House File 2076
Natural Resources: Arnold, Chair; Cohoon and Thomson.
House File 2077
Local Government: Klemme, Chair; Connors and Hanson.
House File 2079
Natural Resources: Garman, Chair; Huseman and May.
House File 2080
Education: Kreiman, Chair; Garman and Gries.
House File 2082
State Government: Jacobs, Chair; Connors and Drake.
House File 2083
State Government: Drake, Chair; Houser and Taylor.
House File 2084
Education: Daggett, Chair; Osterhaus and Van Maanen.
House File 2086
Economic Development: Nelson of Marshall, Chair; Larson and
Mascher.
House File 2088
State Government: Coon, Chair; Connors and Gipp.
House File 2089
Natural Resources: Greig, Chair; Bell and Tyrrell.
House File 2092
Transportation: Eddie, Chair; Grundberg and Koenigs.
House File 2093
State Government: Disney, Chair; Brammer and Renken.
House File 2095
State Government: Thomson, Chair; Gipp and Jochum.
Senate File 416
Judiciary: Millage, Chair; Grubbs and Moreland.
Senate File 2030 Reassigned
Ways and Means: Blodgett, Chair; Dinkla and Myers.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 526  Appropriations 
Relating to and making supplemental appropriations for the
fiscal year beginning July 1, 1995, and providing an effective
date.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON AGRICULTURE
House Concurrent Resolution 106, a concurrent resolution urging
the United States Congress to enact legislation and appropriate
funding to ensure that 
drainage district assessments are not adversely affected by
federal acquisitions of lands in drainage districts.
Fiscal Note is not required.
Recommend Do Pass and laid over under Rule 25, January 22, 1996.
COMMITTEE ON STATE GOVERNMENT

House File 2044, a bill for an act relating to the authority of
cities and counties to restrict public indecent exposure and
providing an effective date.

Fiscal Note is not required.

Recommended Do Pass January 22, 1996. 
On motion by Siegrist of Pottawattamie, the House adjourned at
9:35 a.m. until 8:45 a.m., Wednesday, January 24, 1996.

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