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House Journal: Tuesday, February 25, 1997

Forty-fourth Calendar Day - Thirtieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 25, 1997
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend David Bauer, First United
Presbyterian Church, Winterset.
The Journal of Tuesday, February 24, 1997 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Meyer of Sac, from forty constituents of Wall Lake favoring
the "Enrich Iowa: Fund Libraries."
By Huseman of Cherokee, from two hundred twenty-two constituents
of Marcus, Meriden and Cleghorn, favoring the "Enrich Iowa: Fund
Libraries."
By Huseman of Cherokee, from seventy-seven constituents of
Paullina favoring the "Enrich Iowa: Fund Libraries."
By Mundie of Webster, from one hundred sixty-five constituents
of Lehigh, favoring the "Enrich Iowa: Fund Libraries."
By Mundie of Webster, from one hundred seventy-eight
constituents of Dayton favoring the "Enrich Iowa: Fund
Libraries."
By Mundie of Webster, from eighty constituents of Calhoun County
favoring the "Enrich Iowa: Fund Libraries."
By Kremer of Buchanan, from one hundred seventy-one public
employees opposing H.S.B. 12, relating to state employees' pay
and health benefits.
By Weidman of Cass, from three hundred two constituents of the
86th District, (Massena and Griswold) favoring the "Enrich Iowa:
Fund Libraries."
 INTRODUCTION OF BILLS
House Joint Resolution 13, by Doderer and Welter, a joint
resolution to nullify an administrative rule of the state
department of 
transportation relating to the hours of operation for motor
vehicle and travel trailer dealers and wholesalers and providing
an effective date.
Read first time and referred to committee on transportation.
House Joint Resolution 14, by Warnstadt, a joint resolution
proposing an amendment to the Constitution of the State of Iowa
to eliminate the office of Secretary of State.
Read first time and referred to committee on state government.
House File 336, by Teig, a bill for an act providing for the
assessment of lands owned by the department of natural resources
within levee and drainage districts.
Read first time and referred to committee on agriculture.
House File 337, by Frevert, a bill for an act providing a waiver
of school year length requirements due to extensions caused by
inclement weather, and providing an effective date.
Read first time and referred to committee on education.
House File 338, by Bukta, Mascher, Foege, Richardson, Bradley,
Warnstadt, Connors, Witt, Thomas, Doderer, Rayhons, Huser,
Shoultz, Koenigs, Drees, Taylor, Scherrman, and Brauns, a bill
for an act requiring a county treasurer to refuse to renew a
vehicle registration if the person applying for renewal owes
restitution in any county.
Read first time and referred to committee on local government.
House File 339, by Kreiman, a bill for an act relating to the
recording of hearings and proceedings before a magistrate.
Read first time and referred to committee on judiciary.
House File 340, by Wise, a bill for an act exempting interest
from general obligation bonds and notes issued by school
districts the proceeds of which are used for infrastructure
projects.
Read first time and referred to committee on ways and means.
House File 341, by Vande Hoef, a bill for an act relating to the
one-hundred-eighty-day school calendar requirement and a
temporary law authorizing the director of the department of
education to waive the requirement under certain circumstances,
and providing an effective date.
Read first time and referred to committee on education.
House File 342, by Bell, a bill for an act increasing the
property damage limit for mandatory reporting of motor vehicle
accidents.
Read first time and referred to committee on transportation.
House File 343, by Schrader, a bill for an act relating to the
disposition of receipts from the sale of state-owned timber.
Read first time and referred to committee on natural resources.
House File 344, by Schrader, Larkin, Cohoon, Bell, O'Brien,
Whitead, Kinzer, Shoultz, Weigel, Scherrman, Thomas, Bukta,
Frevert, Mascher, Dotzler, Taylor, Jochum, Osterhaus, Koenigs,
Murphy, Richardson, Reynolds-Knight, Ford, Burnett, Kreiman,
Falck, Foege, May, Myers, Chiodo, Moreland, Huser, Mundie,
Holveck, Wise, Cataldo, Chapman, Brand, Bernau, Mertz, Connors,
Drees, and Warnstadt, a bill for an act establishing an Iowa
wins scholarship program and making an appropriation.
Read first time and referred to committee on education.
House File 345, by Carroll, a bill for an act relating to
penalties and license revocation periods for drivers under the
age of twenty-one with an alcohol concentration of .02 or more.
Read first time and referred to committee on judiciary.
House File 346, by Churchill, a bill for an act relating to
expenses paid to members of the general assembly for service
while the general assembly is in session and providing an
effective date.
Read first time and referred to committee on state government.
House File 347, by Doderer and Lamberti, a bill for an act
appropriating funds to the judicial department to establish a
pilot court information project.
Read first time and referred to committee on judiciary.
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 February 24, 1997, passed the following bill
in which the concurrence of the House is asked:
Senate File 95, a bill for an act relating to water and ice
vessel accident reports filed with the natural resource
commission of the department of natural resources and providing
for an effective date and the Act's applicability.
Also: That the Senate has on February 24, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 123, a bill for an act relating to runaway children,
by defining when a child is a chronic runaway, authorizing
county runaway treatment plans, and providing for assessment and
treatment procedures for chronic runaways.
Also: That the Senate has on February 24, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 160, a bill for an act relating to funds held by
life insurance companies and providing an effective date.
MARY PAT GUNDERSON, Secretary
On motion by Gipp of Winneshiek, the House was recessed at 8:52
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 348, by Burnett, Witt, Mascher, Shoultz, Dotzler,
Scherrman, Taylor, Whitead, Kinzer, Foege, Fallon, Brand,
Murphy, Huser, Bernau, Moreland, and Schrader, a bill for an act
establishing a biological diversity program.
Read first time and referred to committee on natural resources.
House File 349, by Grundberg, Lamberti, Thomson, and Nelson,
a bill for an act relating to minors' drivers' licenses and
operating privileges.
Read first time and referred to committee on transportation.
House File 350, by Weigel, a bill for an act relating to
handicapped parking permit recertification.
Read first time and referred to committee on transportation.
House File 351, by Doderer, a bill for an act to prohibit
criminal or juvenile justice agencies from requesting polygraph
tests from sexual abuse victims or witnesses as a precondition
to an investigation.
Read first time and referred to committee on judiciary.
House File 352, by Chiodo, a bill for an act relating to
motor vehicle damage disclosure statements.
Read first time and referred to committee on transportation.
House File 353, by Chiodo, a bill for an act relating to
absentee ballots and the canvassing of such ballots.
Read first time and referred to committee on state government.
SENATE MESSAGES CONSIDERED
Senate File 95, by committee on natural resources and
environment, a bill for an act relating to water and ice vessel
accident reports filed with the natural resource commission of
the department of natural resources and providing for an
effective date and the Act's applicability.
Read first time and referred to committee on natural resources.
Senate File 123, by committee on judiciary, a bill for an
act relating to runaway children, by defining when a child is a
chronic runaway, authorizing county runaway treatment plans, and
providing for assessment and treatment procedures for chronic
runaways.
Read first time and referred to committee on judiciary.
Senate File 160, by committee on commerce, a bill for an act
relating to funds held by life insurance companies and providing
an effective date.
Read first time and referred to committee on commerce-regulation.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed seventy-three members present,
twenty-seven absent.

CONSIDERATION OF BILL
Regular Calendar
House File 142, a bill for an act relating to the hunting of
deer with a pistol or revolver and providing a penalty, with
report of committee recommending amendment and passage, was
taken up for consideration.
Eddie of Buena Vista offered the following amendment H-1027
filed by the committee on natural resources:

H-1027

 1     Amend House File 142 as follows:
 2     1.  Page 1, by striking lines 3 through 17 and
 3   inserting the following:
 4     "NEW UNNUMBERED PARAGRAPH.  The commission shall
 5   establish one or more pistol or revolver seasons for
 6   hunting deer to coincide with one or more firearm
 7   seasons or to be one or more separate pistol or
 8   revolver seasons for hunting deer.  Any pistol or
 9   revolver firing a three hundred fifty-seven
10   thousandths of one inch caliber or larger, centerfire,
11   straight wall ammunition propelling an expanding-type
12   bullet is legal for hunting deer during the pistol or
13   revolver seasons.  The commission shall adopt rules to
14   allow black powder pistols or revolvers for hunting
15   deer.  The rules shall not allow pistols or revolvers
16   with shoulder stock or long-barrel modifications.  The
17   rules may limit types of ammunition.  A person
18   possessing a prohibited pistol or revolver while
19   hunting deer commits a scheduled violation under
20   section 805.8, subsection 5, paragraph "h"."
Bell of Jasper offered the following amendment H-1088, to the
committee amendment H-1027, filed by him and moved its adoption:

H-1088

 1     Amend the amendment, H-1027, to House File 142 as
 2   follows:
 3     1.  Page 1, line 8, by inserting after the word
 4   "deer." the following:  "If the commission combines a
 5   pistol or revolver deer season with another firearm
 6   deer season, a person shall carry only one firearm
 7   while hunting deer."
Amendment H-1088 lost.
Cormack of Webster offered the following amendment H-1032, to
the committee amendment H-1027, filed by him and moved its
adoption:

H-1032

 1     Amend the amendment, H-1027, to House File 142, as
 2   follows:
 3     1.  Page 1, line 9, by inserting after the word
 4   "a" the following:  "magnum".
Amendment H-1032 was adopted.
Bell of Jasper asked and received unanimous consent to withdraw
amendment H-1033, to the committee amendment H-1027, filed by
him on February 17, 1997.
Wise of Lee offered the following amendment H-1087, to the
committee amendment H-1027, filed by him and moved its adoption:
H-1087

 1     Amend the amendment, H-1027, to House File 142 as
 2   follows:
 3     1.  Page 1, line 16, by inserting after the word
 4   "modifications." the following:  "The barrel length of
 5   a revolver used for deer hunting shall be at least six
 6   inches and the barrel length of a pistol used for deer
 7   hunting shall be at least four inches."
Amendment H-1087, to the committee amendment H-1027, was adopted.
Wise of Lee asked and received unanimous consent to withdraw
amendment H-1089, to the committee amendment H-1027, filed by
him on February 24, 1997.
Klemme of Plymouth asked and received unanimous consent that
amendment H-1091, to the committee amendment H-1027, be deferred.
Klemme of Plymouth asked and received unanimous consent that
amendment H-1092, to the committee amendment H-1027, be deferred.
Wise of Lee offered the following amendment H-1110, to the
committee amendment H-1027, filed by him from the floor and
moved its adoption:

H-1110

 1     Amend the amendment, H-1027, to House File 142 as
 2   follows:
 3     1.  Page 1, line 17, by inserting after the word
 4   "ammunition." the following:  "A person who is sixteen
 5   years of age or less shall not hunt deer with a pistol
 6   or revolver.  A person who is seventeen or eighteen
 7   years of age shall hunt deer with a pistol or revolver
 8   only if accompanied by a person who is twenty-one
 9   years of age or older."
Amendment H-1110 was adopted, placing out of order amendment
H-1091 filed by Klemme of Plymouth, et al., on February 24,
1997, and amendment H-1092 filed by Klemme of Plymouth, et al.,
on February 24, 1997.
Bell of Jasper offered the following amendment H-1034, to the
committee amendment H-1027, filed by him and moved its adoption:

H-1034

 1     Amend the amendment, H-1027, to House File 142 as
 2   follows:
 3     1.  Page 1, by inserting after line 20 the
 4   following:
 5     "___.  Page 1, by inserting after line 22 the
 6   following:
 7     "Sec. ___.  This Act is repealed on February 1,
 8   1999.""
Amendment H-1034 lost.
Eddie of Buena Vista moved the adoption of the committee
amendment H-1027, as amended.
The committee amendment H-1027, as amended, was adopted, placing
the following amendments out of order:

H-1073 filed by Bell of Jasper on February 20, 1997.
H-1070 filed by Klemme, et al., on February 20, 1997.
H-1080 filed by Gipp of Winneshiek on February 21, 1997.
H-1030 filed by Bell of Jasper on February 13, 1997.
Shoultz of Black Hawk asked for unanimous consent to suspend
Rule 31.8, relating to the timely filing of amendments, for
consideration of amendment H-1111, filed by him from the floor.
Objection was raised.
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. 142)
The ayes were, 64:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brand          	Carroll       
	Cataldo	Chiodo         	Churchill             	Cormack       
	Dolecheck      	Dotzler        	Drake          	Eddie         
	Falck          	Frevert        	Garman         	Gipp          
	Greig          	Greiner        	Hahn           	Hansen        
	Heaton         	Holmes         	Houser         	Huseman       
	Huser          	Jacobs         	Jenkins        	Klemme        
	Kremer         	Lamberti       	Larkin         	Larson        
	Martin         	May            	Mertz          	Metcalf       
	Meyer          	Millage        	Mundie         	O'Brien       
	Rants          	Rayhons        	Reynolds-Knight	Richardson    
	Scherrman      	Siegrist       	Sukup          	Teig          
	Thomson        	Tyrrell        	Van Fossen     	Van Maanen    
	Vande Hoef     	Veenstra       	Warnstadt      	Weidman       
	Welter         	Wise           	Witt           	Mr. Speaker  
				Corbett
The nays were, 33:

Bell           	Brauns         	Brunkhorst     	Bukta         
	Burnett        	Chapman        	Cohoon         	Connors       
		Dix            	Doderer        	Drees          	Fallon        
		Foege          	Ford           	Gries          	Grundberg     
	Holveck        	Jochum         	Kinzer         	Koenigs       
	Kreiman        	Mascher        	Moreland       	Murphy        
		Myers          	Nelson         	Osterhaus      	Schrader      
	Shoultz        	Taylor         	Thomas         	Weigel        
	Whitead        	

Absent or not voting, 3:

Bernau         	Dinkla         	Lord
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

MOTION TO RECONSIDER
(House File 142)
I move to reconsider the vote by which House File 142 passed the
House on February 25, 1997.
EDDIE of Buena Vista
REPORT OF ADMINISTRATION AND RULES COMMITTEE
MR. SPEAKER: Pursuant to Senate Concurrent Resolution 3, your
committee on administration and rules submits the following to
be employed/resigned in the indicated positions, and at the
indicated classification, grades and steps, and the changes in
the classification of the indicated officers and employees to be
effective on the date indicated:
		Grade	Class of	
		and	Appoint-	Eff.
Position	Name	Step	ment	Date

Doorkeeper	Kathleen L. O'Leary	11-3 to	S-O	02/07/97
		11-4
Legislative Research	Kimberly D. Statler	27-2 to	P-FT	02/07/97
Analyst		27-3
Legislative Secretary	R. Jeannene Cochran	17-6+2 to	S-O	02/07/97
		16-6+2
Legislative Secretary	Marjorie I. Connors	18-2 to	S-O	02/21/97
		18-3
Legislative Secretary	Theresa M. Ferin	15-4 to 	S-O	02/07/97
		16-4
Legislative Secretary	Doris E. Guess	16-3 to	S-O	02/07/97
		16-4			

RANTS of Woodbury, Chair
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\169	Kate Miller, Iowa City - For unanimous first-team
selection for girls basketball in the Mississippi Division.
1997\170	La Veda Schrier, Carlisle - For celebrating her 90th
birthday.
1997\171	Eddis Allen, Indianola - For celebrating her 91st
birthday.
1997\172	Gloria and Don Bell, Norwalk - For celebrating their
50th wedding anniversary.
1997\173	Andrew Jay Van Voorst, Sioux Center - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1997\174	Jeff Clement, Grinnell College - For making 16  3 point
shots during a single game, therefore breaking the NCAA record.
1997\175	Brian Larson, Brandon - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1997\176	Amanda Jo Miller, Red Oak - For winning third place in
the statewide "Write Women Back Into History" Essay Contest, in
the 8-9th grade Judging Category.
1997\177	The Parks Family, Garwin - For being named 1996 Family
of the Year by the UNI Parent's Association.

SUBCOMMITTEE ASSIGNMENTS

House File 290

Agriculture: Boggess, Chair; Koenigs and Rayhons.

House File 301

Agriculture: Meyer, Chair; Drees and Greig.

House File 311

Transportation: Heaton, Chair; Bukta and Eddie.

House File 318

Judiciary: Boddicker, Chair; Bell and Churchill.
House File 322

Transportation: Cormack, Chair; Bukta and Nelson.

House File 327

Judiciary: Grundberg, Chair; Kreiman and Veenstra.

House File 332

Local Government: Carroll, Chair; Dix and Richardson.

House File 333

Local Government: Brauns, Chair; Mertz and Weidman.

House File 337

Education: Veenstra, Chair; Cohoon and Lord.

House File 341

Education: Veenstra, Chair; Cohoon and Lord.

House File 343

Natural Resources: Tyrrell, Chair; Cormack and Dotzler.

House File 344

Education: Rants, Chair; Van Maanen and Wise.

House Concurrent Resolution 12

Agriculture: Meyer, Chair; Greiner and May.

Senate File 160

Commerce-Regulation: Dinkla, Chair; Metcalf and Weigel.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 135.1

Commerce-Regulation: Dinkla, Chair; Metcalf and Weigel.

House Study Bill 165

Local Government: Vande Hoef, Chair; Houser and Whitead.

House Study Bill 166

Appropriations: Millage, Chair; Sukup and Wise.
House Study Bill 167

Commerce-Regulation: Metcalf, Chair; Brunkhorst and Koenigs.

House Study Bill 171

Commerce-Regulation: Churchill, Chair; Dix and Osterhaus.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 172  Natural Resources

Relating to abandoned coal mines expenditures, including
reclamation of land and drainage abatement.

H.S.B. 173  Local Government

Relating to responses to hazardous conditions by the director of
the department of natural resources.

H.S.B. 174  Transportation

Requiring a bicycle to have an orange flag attached when
operated on a street or highway having a speed limit of
twenty-five miles per hour or greater and providing a penalty.

H.S.B. 175  Transportation

Providing for maintenance and repair of out-of-state commercial
vehicles and providing an effective date.

H.S.B. 176  Education

Relating to the transportation of public and nonpublic school
students and other properly related matters.

H.S.B. 177  Education

Relating to the activities of the department of education,
vocational education, community colleges, special educational
programs provided by area education agencies, dual enrollment,
payment of claims for nonpublic school pupil transportation, the
school budget review committee, the enrollment of certain
students, and annual audits of school districts.
H.S.B. 178  Commerce-Regulation

Relating to the operation and regulation of certain insurance
companies and mutual associations, and the regulatory authority
of the insurance division of the department of commerce.

H.S.B. 179  Transportation

Relating to substantive and other provisions affecting the
department of transportation and driver, motor vehicle, and
highway regulation, including the definition of road work zones,
regulation of certain persons who sell vehicles, providing
grounds for refusing renewal of vehicle registrations,
regulation of intrastate motor carriers, creating, eliminating,
or enhancing penalties, and providing effective dates.

H.S.B. 180  Ways and Means

Relating to the use tax on motor vehicle leasing.
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
Senate File 160, a bill for an act relating to funds held by
life insurance companies and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass February 25, 1997.
COMMITTEE ON HUMAN RESOURCES
Senate File 131, a bill for an act relating to fraudulent
practices involving family investment and medical assistance
program benefits and making penalties applicable.
Fiscal Note is not required.
Recommended Do Pass February 24, 1997.
Committee Bill (Formerly House Study Bill 145), relating to
child welfare provisions involving juvenile justice
dispositional orders, hearings, and placements and providing an
effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 24, 1997.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House File 110), relating to the tax
exemption of active duty pay of national guard or armed forces
military reserve personnel for certain foreign service and
providing an effective date.
Fiscal Note is not required.
Recommended Do Pass February 24, 1997.
Committee Bill (Formerly House File 117), relating to activities
of a foreign corporation which do not constitute doing business
in or deriving income from the state for state tax purposes and
including effective and retroactive applicability date
provisions.
Fiscal Note is required.
Recommended Amend and Do Pass February 24, 1997.
AMENDMENTS FILED

H_1112	H.C.R.	11	Doderer of Johnson
H_1113	H.F.	212	Blodgett of Cerro Gordo
H_1114	S.F.	128	Doderer of Johnson
				Metcalf of Polk
H_1115	S.F.	128	Doderer of Johnson
				Metcalf of Polk
H_1116	S.F.	128	Grundberg of Polk
H_1117	S.F.	128	Grundberg of Polk
	Burnett of Story		Connors of Polk
	Metcalf of Polk		Mascher of Johnson
	Brand of Tama		Jacobs of Polk
	Doderer of Johnson		Nelson of Marshall
	Martin of Scott		Jochum of Dubuque
H_1118	H.F.	299	Sukup of Franklin
H_1119	H.F.	299	Dotzler of Black Hawk
H_1120	H.F.	299	Sukup of Franklin
H_1121	H.F.	299	Sukup of Franklin
H_1122	H.F.	299	Connors of Polk	

On motion by Siegrist of Pottawattamie, the House adjourned at
2:33 p.m., until 8:45 a.m., Wednesday, February 26, 1997.

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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