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Thirty-ninth Calendar Day - Twenty-seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 20, 1997
The House met pursuant to adjournment at 8:48 a.m., Speaker
Corbett in the chair.
Prayer was offered by Dr. William Hamm, President of Waldorf
College, Forest City.
The Journal of Wednesday, February 19, 1997 was approved.
INTRODUCTION OF BILLS
House File 300, by Garman, a bill for an act relating to
operating a motor vehicle while intoxicated (OWI), by
eliminating the six-year time period used to calculate a
defendant's total number of prior OWI convictions in determining
the defendant's penalty, and making related and other technical
changes.
Read first time and referred to committee on judiciary.
House File 301, by Meyer, a bill for an act providing for
interests by persons owning or leasing agricultural land, and
providing penalties.
Read first time and referred to committee on agriculture.
House File 302, by Rants, a bill for an act increasing the
speed limit on interstate and fully controlled-access, divided,
multilaned highways for certain motor vehicles.
Read first time and referred to committee on transportation.
House File 303, by Meyer, a bill for an act relating to
hunting privileges for nonresident owners of farm units.
Read first time and referred to committee on natural resources.
House File 304, by Burnett, Dotzler, Scherrman, Whitead,
Kinzer, Shoultz, Doderer, Mascher, Foege, Fallon, Osterhaus,
Brand, Witt, Murphy, Bernau, Moreland, Cohoon, Larkin, and
Schrader, a bill for an act establishing a state environmental
education program and making appropriations.
Read first time and referred to committee on education.
House File 305, by committee on ways and means, a bill for
an act updating the Iowa Code references to the Internal Revenue
Code and providing a retroactive applicability date and an
effective date.
Read first time and placed on the ways and means calendar.
House File 306, by committee on ways and means, a bill for
an act relating to the individual income tax by extending the
special method of computation of tax for value-added S
corporation shareholders to all S corporation shareholders and
eliminating the refund limitation and including effective and
retroactive applicability date provisions.
Read first time and placed on the ways and means calendar.
House File 307, by committee on judiciary, a bill for an act
relating to the definition of an owner of a mercantile
establishment for purposes of recovery of merchandise or damages.
Read first time and placed on the calendar.
House File 308, by committee on judiciary, a bill for an act
relating to notification requirements for communications between
a debt collector and a debtor.
Read first time and placed on the calendar.
House File 309, by committee on environmental protection, a
bill for an act relating to review and oversight of actions of
the ozone transport assessment group.
Read first time and placed on the calendar.
House File 310, by Osterhaus, a bill for an act providing
for direct reimbursement of pharmacists by certain third-party
payors of health care coverage costs.
Read first time and referred to committee on commerce-regulation.
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 81, a bill for an act relating to the qualifications
for the successful completion of an approved hunter safety and
ethics education
course, with report of committee recommending amendment and
passage, was taken up for consideration.
Eddie of Buena Vista offered the following amendment H-1031
filed by the committee on natural resources and moved its
adoption:
H-1031
1 Amend House File 81 as follows:
2 1. Page 1, by striking lines 2 through 15 and
3 inserting the following: "amended by striking the
4 subsection and inserting in lieu thereof the
5 following:
6 1. A person born after January 1, 1967, shall not
7 obtain a hunting license unless the person has
8 satisfactorily completed a hunter safety and ethics
9 education course approved by the commission. A person
10 who is eleven years of age or more may enroll in an
11 approved hunter safety and ethics education course,
12 but a person who is eleven years of age and who has
13 successfully completed the course shall be issued a
14 certificate of completion which becomes valid on the
15 person's twelfth birthday. A certificate of
16 completion from an approved hunter safety and ethics
17 education course issued in this state since 1960, by
18 another state, or by a foreign nation, is valid for
19 the requirements of this section."
20 2. Page 1, by striking lines 17 through 28 and
21 inserting the following: "amended by striking the
22 subsection and inserting in lieu thereof the
23 following:
24 2. A certificate of completion shall not be issued
25 to a person who has not satisfactorily completed a
26 minimum of ten hours of training in an approved hunter
27 safety and ethics education course. The department
28 shall establish the curriculum for the first ten hours
29 of an approved hunter safety and ethics education
30 course offered in this state. Upon completion of the
31 ten-hour curriculum, each person shall pass an
32 individual oral test or a written test provided by the
33 department. The department shall establish the
34 criteria for successfully passing the tests. Based on
35 the results of the test and demonstrated safe handling
36 of a firearm, the instructor shall determine the
37 persons who shall be issued a certificate of
38 completion."
The committee amendment H-1031 was adopted.
Eddie of Buena Vista 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. 81)
The ayes were, 95:
Arnold Barry Bell Blodgett
Boggess Bradley Brand Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo
Churchill Cohoon Connors Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
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 Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, 2:
Boddicker Tyrrell
Absent or not voting, 3:
Bernau Hansen Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 81 be immediately messaged to the Senate.
Appropriations Calendar
House File 255, a bill for an act relating to the allowed growth
factor adjustment for county mental health, mental retardation,
and developmental disabilities services, making appropriations,
and providing an effective date, was taken up for consideration.
Myers of Johnson offered the following amendment H-1061 filed by
Myers, et al.:
H-1061
1 Amend House File 255 as follows:
2 1. Page 1, line 4, by striking the word
3 "biennium" the following: "period".
4 2. Page 1, line 5, by striking the figure "1997"
5 and inserting the following: "1996".
6 3. Page 1, by inserting after line 12 the
7 following:
8 "1996-97 FY $ 6,163,211".
9 4. Page 1, by striking lines 15 through 21 and
10 inserting the following:
11 "1. For the purposes of section 331.439,
12 subsection 3, as amended by this Act, the allowed
13 growth factor adjustment for the fiscal years for
14 which appropriations are made in this section shall be
15 the dollar amount specified in the appropriations and
16 the provisions of section 331.439, subsection 3,
17 paragraph "c", shall not apply to the allowed growth
18 factor adjustment for those fiscal years.
19 2. In lieu of the provisions of section 331.438,
20 subsection 2, paragraph "c", as enacted by this Act,
21 requiring authorization of warrants and mailing of the
22 warrants in January, for the allowed growth factor
23 adjustment applicable to the fiscal year beginning
24 July 1, 1996, the director of human services shall
25 authorize the warrants due to counties within 30 days
26 of the effective date of this Act and the warrants
27 shall be mailed within 45 days of the effective date
28 of this Act."
Siegrist of Pottawattamie asked and received unanimous consent
that House File 255 be deferred and that the bill be placed on
the unfinished business calendar.
(Amendment H-1061 pending.)
HOUSE FILE 289 REREFERRED
The Speaker announced that House File 289, previously referred
to committee on labor and industrial relations, was rereferred
to committee on local government.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:32 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker Corbett in the chair.
INTRODUCTION OF BILLS
House File 311, by Bukta, a bill for an act relating to
transporting railroad employees and equipment and making
penalties applicable.
Read first time and referred to committee on transportation.
House File 312, by Whitead, a bill for an act relating to
tip-up fishing in the waters of the Missouri and Big Sioux
rivers and subjecting violators to an existing penalty.
Read first time and referred to committee on natural resources.
House File 313, by Jacobs, a bill for an act requiring
criminal and child abuse record checks of persons receiving
state funding for providing child day care, and making a penalty
applicable.
Read first time and referred to committee on human resources.
House File 314, by Mertz, a bill for an act relating to
payment of insurance deductibles or related damages resulting
from accidents involving deer and motor vehicles.
Read first time and referred to committee on natural resources.
House File 315, by Bradley, a bill for an act relating to
straight ticket voting.
Read first time and referred to committee on state government.
House File 316, by Van Fossen, Millage, Churchill, Lamberti,
Rants, Blodgett, Sukup, Dix, Huseman, Meyer, Boddicker, Barry,
Eddie, Kremer, Larson, Tyrrell, and Cormack, a bill for an act
relating to the reduction in the state individual income tax
rates and providing a retroactive applicability date provision.
Read first time and referred to committee on ways and means.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty-two members present,
eighteen absent.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bernau of Story on request of Brand of Tama.
CONSIDERATION OF BILLS
Appropriations Calendar
House File 250, a bill for an act establishing a program in the
department of natural resources to provide major maintenance and
infrastructure improvements to existing state parks and other
public facilities and making appropriations, was taken up for
consideration.
Garman of Story offered the following amendment H-1062 filed by
her and moved its adoption:
H-1062
1 Amend House File 250 as follows:
2 1. Page 1, by striking lines 7 through 12.
Amendment H-1062 was adopted.
Cormack of Webster 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. 250)
The ayes were, 97:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Connors Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake 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 Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Bernau Drees Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 250 be immediately messaged to the Senate.
Unfinished Business Calendar
The House resumed consideration of House File 255, a bill for
an act relating to the allowed growth factor adjustment for
county mental health, mental retardation, and developmental
disabilities services, making appropriations, and providing an
effective date, and amendment H-1061, found on page 377 of the
House Journal, previously deferred and placed on the unfinished
business calendar.
Myers of Johnson moved the adoption of amendment H-1061.
Roll call was requested by Myers of Johnson and Witt of Black
Hawk.
On the question "Shall amendment H-1061 be adopted?" (H.F. 255)
The ayes were, 43:
Bell Brand Bukta Burnett
Cataldo Chapman Chiodo Cohoon
Connors Doderer Dotzler Falck
Fallon Foege Ford Frevert
Holveck Huser Jochum Kinzer
Koenigs Kreiman Larkin Mascher
May Mertz Mundie Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
The nays were, 54:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dinkla
Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
Metcalf Meyer Millage Nelson
Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Weidman
Welter Mr. Speaker
Corbett
Absent or not voting, 3:
Bernau Drees Moreland
Amendment H-1061 lost.
Houser of Pottawattamie 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. 255)
The ayes were, 97:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Cohoon Connors Dinkla Dix
Doderer Dolecheck Dotzler Drake
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 Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Mundie Murphy
Myers O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Bernau Kreiman Moreland
The bill having received a constitutional majority was declared
to have passed the house and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 255 be immediately messaged to the Senate.
PRESENTATION OF VISITORS
Fifty-three 6th grade students from Galva-Holstein, accompanied
by Jim Christiansen. By Meyer of Sac.
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\155 Daniel Bell, Iowa City - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\156 Audrey Mann, Cedar Rapids - For attaining the Girl
Scout Gold Award, the highest award in Girl Scouting.
1997\157 Jerry L. Dietsch, Cedar Falls - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1997\158 Bradley Dean Bakker, Cedar Falls - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1997\159 Jason Scott Hughes, Cedar Falls - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1997\160 Elizabeth Reicks, Jackson Junction - For receiving the
bronze Distinguished Finalist medallion from The Prudential
Spirit of Community Awards.
SUBCOMMITTEE ASSIGNMENTS
House File 129
Judiciary: Larson, Chair; Lamberti and Moreland.
House File 257
Economic Development: Barry, Chair; Bukta and Rayhons.
House File 259
Human Resources: Houser, Chair; Van Maanen and Witt.
House File 272
Judiciary: Bernau, Chair; Dinkla and Lamberti.
House File 276
Judiciary: Boddicker, Chair; Bell and Larson.
House File 277
Natural Resources: Rayhons, Chair; Drees and Tyrrell.
House File 279
Economic Development: Dolecheck, Chair; Boggess and O'Brien.
House File 283
Judiciary: Sukup, Chair; Doderer and Lamberti.
House File 302
Transportation: Blodgett, Chair; Brauns and Larkin.
House File 303
Natural Resources: Cormack, Chair; Drees and Hahn.
House File 312
Natural Resources: Brauns, Chair; Bell and Tyrrell.
House File 314
Natural Resources: Greig, Chair; Dolecheck and Mertz.
House Concurrent Resolution 9
Environmental Protection: Meyer, Chair; Burnett and Drake.
Senate File 118
Judiciary: Moreland, Chair; Ford and Sukup.
Senate File 131
Human Resources: Thomson, Chair; Boddicker and Foege.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 13
Labor and Industrial Relations: Boddicker, Chair; Dotzler and
Sukup.
House Study Bill 153
Agriculture: Heaton, Chair; Scherrman and Welter.
House Study Bill 154
Agriculture: Heaton, Chair; Scherrman and Welter.
House Study Bill 155
Ways and Means: Dinkla, Chair; Greig, Myers, Richardson and Teig.
House Study Bill 156
Agriculture: Huseman, Chair; Klemme and Mundie.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 159 Ways and Means
Reducing the state individual income tax rates by fifteen
percent and including an effective date provision.
H.S.B. 160 Local Government
Relating to the financial and regulatory procedures of counties,
cities, and drainage districts, by amending the powers and
duties of county treasurers.
H.S.B. 161 Human Resources
Relating to supplemental needs trusts for persons with
disabilities.
H.S.B. 162 Human Resources
Relating to placements for adoption and foster care by providing
for a family rights and responsibilities plan and agreement.
H.S.B. 163 Human Resources
Relating to children's benefits and immunizations under the
family investment program 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 EDUCATION
Committee Bill (Formerly House File 141), relating to the
authorization of school officials to conduct searches of
students, student protected areas, and lockers.
Fiscal Note is not required.
Recommended Amend and Do Pass February 19, 1997.
Committee Bill (Formerly House Study Bill 44), increasing the
exceptions to the registration requirements for postsecondary
schools.
Fiscal Note is not required.
Recommended Amend and Do Pass February 19, 1997.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House File 35), relating to the state
income tax checkoff for domestic abuse services and providing a
retroactive applicability date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 19, 1997.
AMENDMENTS FILED
H_1068 H.F. 235 Carroll of Poweshiek
H_1069 S.F. 128 Mascher of Johnson
H_1070 H.F. 142 Klemme of Plymouth
Huseman of Cherokee
O'Brien of Boone
H_1071 S.F. 128 Carroll of Poweshiek
Burnett of Story
H_1072 H.F. 212 Blodgett of Cerro Gordo
H_1073 H.F. 142 Bell of Jasper
H_1074 H.F. 299 Murphy of Dubuque
Bell of Jasper Connors of Polk
Dotzler of Black Hawk Falck of Fayette Kinzer of Scott Larkin
of Lee O'Brien of Boone Richardson of Warren Scherrman of
Dubuque Shoultz of Black Hawk Taylor of Linn Whitead of
Woodbury Witt of Black Hawk
H_1075 H.F. 236 Dotzler of Black Hawk
On motion by Siegrist of Pottawattamie, the House adjourned at
2:05 p.m., until 9:00 a.m., Friday, February 21, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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