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Thirty-eighth Calendar Day - Twenty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 19, 1997
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 Mark Sherwood, Berean Baptist
Church, Perry.
The Journal of Tuesday, February 18, 1997 was approved.
INTRODUCTION OF BILLS
House Joint Resolution 12, by Doderer, a joint resolution to
nullify a chapter in the labor services division of the Iowa
administrative code relating to professional shoot fighting and
providing an effective date.
Read first time and referred to committee on labor and
industrial relations.
House File 285, by Churchill, a bill for an act relating to the
funding of vertical infrastructure projects by the state,
establishing a vertical infrastructure commission, and providing
effective dates.
Read first time and referred to committee on appropriations.
House File 286, by Whitead and Warnstadt, a bill for an act
requiring a person convicted of the offense of attempted murder
to serve one hundred percent of the sentence with limited credit
for good behavior.
Read first time and referred to committee on judiciary.
House File 287, by Murphy, a bill for an act requiring a day off
each week for certain employees and providing penalties.
Read first time and referred to committee on labor and
industrial relations.
House File 288, by Churchill, a bill for an act relating to
confirmation requirements for gubernatorial appointments.
Read first time and referred to committee on state government.
House File 289, by Sukup and Vande Hoef, a bill for an act
providing for drug testing of public safety employees and making
penalties applicable.
Read first time and referred to committee on labor and
industrial relations.
House File 290, by Koenigs, a bill for an act relating to animal
feeding operations by providing for distance requirements,
county zoning, manure management plan requirements, and nuisance
suit protection, and making penalties applicable.
Read first time and referred to committee on agriculture.
House File 291, by Martin, a bill for an act defining the crime
of theft to include the utterance of a financial instrument for
the use of property which knowingly will not be paid when
presented to a financial institution and making a penalty
applicable.
Read first time and referred to committee on commerce-regulation.
House File 292, by Grundberg, a bill for an act relating to
notice of change in assessment due to an equalization order for
purposes of property taxation.
Read first time and referred to committee on ways and means.
House File 293, by O'Brien, a bill for an act relating to the
hours during which a minor may operate a motor vehicle under a
special minor's license.
Read first time and referred to committee on transportation.
House File 294, by O'Brien, a bill for an act relating to the
content of handicapped parking placards.
Read first time and referred to committee on transportation.
House File 295, by O'Brien, a bill for an act relating to
all-terrain vehicle registration.
Read first time and referred to committee on transportation.
House File 296, by Sukup and Fallon, a bill for an act
prohibiting the operation of satellite banking terminals within
a gambling enclosure or at related facilities and parking areas.
Read first time and referred to committee on state government.
House File 297, by Cohoon, a bill for an act relating to the
earliest date for the beginning of regularly established
elementary and secondary school classes, eliminating a penalty
for an early school start, and relating to the date by which a
private instruction report shall be filed with a school district.
Read first time and referred to committee on education.
House File 298, by Churchill, a bill for an act requiring
executive branch agencies to implement a budgeting process which
utilizes certain performance measures.
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 February 18, 1997, passed the following bill
in which the concurrence of the House is asked:
Senate File 128, a bill for an act relating to the statistical
reporting of terminations of pregnancy and establishing a
penalty.
MARY PAT GUNDERSON, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Moreland of Wapello on request of Cataldo of Polk.
CONSIDERATION OF BILLS
Regular Calendar
House File 244, a bill for an act relating to transfers of funds
from the county debt service fund, was taken up for
consideration.
Dix of Butler offered the following amendment H-1041 filed by
him and Myers and moved its adoption:
H-1041
1 Amend House File 244 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 331.430, subsection 2, Code
5 1997, is amended by adding the following new
6 unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. For the purposes of this
8 section, warrants issued by a county in anticipation
9 of revenue, refunding or refinancing of such warrants,
10 and judgments based on a default in payment of such
11 warrants shall not be considered debt payable from the
12 debt service fund."
13 2. Page 1, by striking lines 5 through 11 and
14 inserting the following: "purpose. Only excess
15 moneys remaining after retirement of all indebtedness
16 payable from the debt service fund may be transferred
17 from the fund to the fund most closely related to the
18 project for which the indebtedness arose, or to the
19 general fund, subject to the".
20 3. Title page, line 1, by striking the words
21 "transfers of funds from".
22 4. By renumbering as necessary.
Amendment H-1041 was adopted.
Dix of Butler 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. 244)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Churchill Cohoon Connors Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Falck Fallon Foege Ford
Frevert Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Martin Mascher May
Mertz Metcalf Meyer Millage
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen, Presiding
The nays were, none.
Absent or not voting, 4:
Chiodo Eddie Lord Moreland
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 244 be immediately messaged to the Senate.
House Joint Resolution 10, a joint resolution proposing an
amendment to the Constitution of the State of Iowa to eliminate
the limitation on fines for offenses which may be summarily
tried without indictment, was taken up for consideration.
Millage of Scott moved that the joint resolution be read a last
time now and placed upon its passage which motion prevailed and
the joint resolution was read a last time.
House Joint Resolution 10, a joint resolution proposing an
amendment to the Constitution of the State of Iowa to eliminate
the limitation on fines for offenses which may be summarily
tried without indictment.
Be It Resolved by the General Assembly of the State of Iowa:
Section 1. The following amendment to the Constitution of the
State of Iowa is proposed:
Section 11, unnumbered paragraph 1, Article I of the
Constitution of the State of Iowa, is amended to read as follows:
All offences offenses less than felony and in which the
punishment does not exceed a fine of one hundred dollars, or
maximum permissible imprisonment for does not exceed
thirty days, shall be tried summarily before a justice of
the peace, or other an officer authorized by law, on
information under oath, without indictment, or the intervention
of a grand jury, saving to the defendant the right of appeal;
and no person shall be held to answer for any higher criminal
offence offense, unless on presentment or indictment by
a grand jury, except in cases arising in the army, or navy, or
in the militia, when in actual service, in time of war or public
danger.
Sec. 2. The foregoing proposed amendment to the Constitution of
the State of Iowa, having been adopted and agreed to by the
Seventy-sixth General Assembly, 1996 Session, thereafter duly
published, and now adopted and agreed to by the Seventy-seventh
General Assembly in this Joint Resolution, shall be submitted to
the people of the State of Iowa at the general election in
November of the year nineteen hundred ninety-eight in the manner
required by the Constitution and laws of the State of Iowa.
On the question "Shall the joint resolution be adopted and
agreed to?" (H.J.R. 10)
The yeas were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Churchill Cohoon Connors Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Martin
Mascher May Mertz Metcalf
Meyer Millage Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 4:
Chiodo Lord Moreland Shoultz
The joint resolution having received a constitutional majority
was declared to have been adopted and agreed to by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Joint Resolution 10 be immediately messaged to the
Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:10 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 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 seventy-two members present,
twenty-eight absent.
INTRODUCTION OF BILL
House File 299, by committee on labor and industrial
relations, a bill for an act concerning drug and alcohol testing
of private sector employees and prospective employees and
providing remedies and an effective date.
Read first time and placed on the special order calendar for
Thursday, February 27, 1997.
SENATE MESSAGE CONSIDERED
Senate File 128, by committee on human resources, a bill for
an act relating to the statistical reporting of terminations of
pregnancy and establishing a penalty.
Read first time and passed on file.
CONSIDERATION OF BILLS
Regular Calendar
House File 228, a bill for an act relating to permits issued to
licensed automobile tire recycling dealers to own or operate a
waste tire site, was taken up for consideration.
Van Fossen of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 228)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 1:
Moreland
The bill having received a constitutional majority was declred
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 228 be immediately messaged to the Senate.
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
1997\136 Nick Shepherd, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\137 Mike Webb, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\138 Henry Wertz, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\139 Pooyan Sadhegi, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\140 Jon Edwards, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\141 Sonja Johnson-Elinquist, West High School - For
outstanding achievement at the regional academic decathlon
competition at Jefferson High School in Cedar Rapids.
1997\142 Brent Wiese, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\143 Ricky Clinite, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\144 Paul Burch, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\145 Jamie Merchant, West High School - For outstanding
achievement at the regional academic decathlon competition at
Jefferson High School in Cedar Rapids.
1997\146 Nick Elliott, Epworth - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1997\147 Mr. and Mrs. Bob Morgan, Russell - For celebrating
their 50th wedding anniversary.
1997\148 Fern and Dale Cottrell, Russell - For celebrating their
50th wedding anniversary.
1997\149 Colleen and Howard Heston, Lucas - For celebrating
their 55th wedding anniversary.
1997\150 Frances and John Coles, Osceola - For celebrating their
50th wedding anniversary.
1997\151 May and Harold Craig, Clio - For celebrating their 50th
wedding anniversary.
1997\152 Inez and Freeman Donovan, Sioux City - For celebrating
their 70th wedding anniversary.
1997\153 Frances and Clarence Stuart, Altoona - For celebrating
their 72nd wedding anniversary.
1997\154 Agnes and John Custer, Altoona - For celebrating their
67th wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 230
Education: Lord, Chair; Thomson and Wise.
House File 284
Education: Thomson, Chair; Foege and Veenstra.
House File 285
Appropriations: Millage, Chair; Koenigs and Sukup.
House File 293
Transportation: Weidman, Chair; Carroll and Cohoon.
House File 294
Transportation: Eddie, Chair; Ford and Nelson.
House File 295
Transportation: Rayhons, Chair; Brauns and Scherrman.
House File 297
Education: Cohoon, Chair; Gries and Wise.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 144
State Government: Martin, Chair; Drake and Larkin.
House Study Bill 151
Transportation: Weidman, Chair; Heaton and May.
House Study Bill 152
Transportation: Vande Hoef, Chair; Brauns and Scherrman.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 155 Ways and Means
Requesting the Legislative Council to establish a task force to
study Iowa's system of property taxation and requiring reporting
by certain dates.
H.S.B. 156 Agriculture
Relating to cooperative associations by providing for operations
and procedures of the associations.
H.S.B. 157 Economic Development
Providing a waiver of capital investment requirements under the
new jobs and income program.
H.S.B. 158 Judiciary
Relating to corporations by providing for the call of special
meetings of shareholders, for the combination of a corporation
and certain shareholders, and for certain merger and share
acquisitions.
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 COMMERCE-REGULATION
House File 82, a bill for an act relating to an award of
attorney fees in an action to enforce a mechanic's lien.
Fiscal Note is not required.
Recommended Do Pass February 18, 1997.
House File 133, a bill for an act relating to the offering of
point of service plan options in certain health benefit plans.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1060 February 18,
1997.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Committee Bill (Formerly House Study Bill 107), relating to
review and oversight of actions of the ozone transport
assessment group.
Fiscal Note is not required.
Recommended Do Pass February 18, 1997.
COMMITTEE ON HUMAN RESOURCES
House File 159, a bill for an act relating to the disposition of
emergency medical care provider certification fees.
Fiscal Note is not required.
Recommended Do Pass February 18, 1997.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House Study Bill 41), relating to the
definition of an owner of a mercantile establishment for
purposes of recovery of merchandise or damages.
Fiscal Note is not required.
Recommended Amend and Do Pass February 18, 1997.
Committee Bill (Formerly House Study Bill 101), relating to
notification requirements for communications between a debt
collector and a debtor.
Fiscal Note is not required.
Recommended Do Pass February 18, 1997.
COMMITTEE ON WAYS AND MEANS
House File 34, a bill for an act relating to the exemption from
sales, services, and use taxes of adjuvants and surfactants used
to enhance the application of fertilizers, limestone,
herbicides, pesticides, and insecticides in agricultural
production and providing effective and retroactive applicability
date provisions.
Fiscal Note is not required.
Recommended Do Pass February 19, 1997.
RESOLUTIONS FILED
HCR 10, by Vande Hoef, a concurrent resolution relating to a
biennial memorial session.
Laid over under Rule 25.
HCR 11, by Siegrist and Schrader, a concurrent resolution
relating to Pioneer Lawmakers.
Laid over under Rule 25.
HCR 12, by Meyer, a concurrent resolution supporting and
encouraging the diligent efforts by the United States Department
of Agriculture in cooperation with Iowa State University and the
Iowa Pork Producers Association to establish a research farm
site as part of the National Swine Research Center.
Referred to committee on agriculture.
AMENDMENTS FILED
H_1060 H.F. 133 Committee on Commerce-
Regulation
H_1061 H.F. 255 Myers of Johnson
Osterhaus of Jackson
Murphy of Dubuque
H_1062 H.F. 250 Garman of Story
H_1063 S.F. 128 Bukta of Clinton
H_1064 S.F. 128 Fallon of Polk
H_1065 S.F. 128 Fallon of Polk
H_1066 S.F. 128 Connors of Polk
H_1067 S.F. 128 Huser of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
1:22 p.m., until 8:45 a.m., Thursday, February 20, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
© 1997 Cornell College and League of Women Voters of Iowa
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