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Fiftieth Calendar Day - Thirty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, March 3, 1997
The House met pursuant to adjournment at 1:05 p.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Douglas Darnold, First
Presbyterian Church, Sibley.
The Journal of Friday, February 28, 1997 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by House Page, Jared McLaren.
INTRODUCTION OF BILLS
House File 412, by Jochum, a bill for an act relating to the
consideration by the court of a pattern of domestic abuse and of
the identity of the primary physical aggressor in the
determination of a history of domestic abuse pertaining to the
awarding of child custody.
Read first time and referred to committee on judiciary.
House File 413, by Jochum, a bill for an act providing for
voluntary limitation of campaign expenditures and contributions
for certain elective officers, providing for disclosure for
candidates who do not elect to voluntarily limit campaign
expenditures and contributions, and providing penalties and an
effective date.
Read first time and referred to committee on state government.
SENATE MESSAGES CONSIDERED
Senate File 16, by Szymoniak, a bill for an act relating to
simulated incendiary or explosive materials and establishing a
penalty.
Read first time and referred to committee on judiciary.
Senate File 59, by Bartz, a bill for an act relating to the
disposition of emergency medical care provider certification
fees.
Read first time and passed on file.
Senate File 126, by committee on state government, a bill for an
act allowing a supervised, controlled burn for which a permit
has been issued during an open burning ban.
Read first time and referred to committee on state government.
Senate File 132, by committee on transportation, a bill for an
act relating to state department of transportation operations,
including regulating hazardous materials transport, regulating
motor vehicle dealers, eliminating requirements that the
department adopt administrative rules in certain instances, and
establishing, making applicable, or enhancing penalties.
Read first time and referred to committee on transportation.
Senate File 177, by committee on transportation, a bill for an
act relating to motor vehicle operator prohibitions and
restrictions including exhibition driving, littering, blood
alcohol test certificates, and handicapped parking, and by
establishing or making existing penalties applicable.
Read first time and referred to committee on transportation.
Senate File 230, by committee on human resources, a bill for an
act relating to child abuse provisions involving assessments
performed by the department of human services in response to
reports of child abuse and providing effective dates.
Read first time and referred to committee on human resources.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Taylor of Linn and Shoultz of Black Hawk on request of Schrader
of Marion.
SPECIAL PRESENTATION TO HOUSE PAGES
Speaker pro tempore Van Maanen of Marion invited the House Pages
to the Speaker's station for a special presentation and thanked
them for their service to the House of Representatives.
Certificates of excellence for serving with honor and
distinction as a House Page during the First Regular Session of
the Seventy-seventh General Assembly were presented to the
following Pages by Speaker pro tempore Van Maanen, Majority
Leader Brent Siegrist of Pottawattamie and Minority Leader David
Schrader of Marion:
Cindy Boyce Audrey Lee Mann
Nicole Buss Caroline Ann McCard
Ryan Clark Matthew McGuire
Heather Crutchfield Elizabeth Mefford
Tamara Holdren Lori Naig
Korey Hutchinson John Schreurs
The House rose and expressed its appreciation.
ADOPTION OF HOUSE MEMORIAL RESOLUTION 1
Teig of Hamilton offered the following House Memorial Resolution
1 and moved its adoption:
HOUSE MEMORIAL RESOLUTION 1
Whereas, The Honorable Edward E. Busing of Hamilton County,
Iowa, who was a member of the Sixty-first general assembly,
passed away June 12, 1995; Now Therefore,
Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House to
prepare suitable resolutions commemorating his life, character
and service to the state.
The motion prevailed and the Speaker appointed as such committee
Teig of Hamilton, Mundie of Webster and Sukup of Franklin.
ADOPTION OF HOUSE MEMORIAL RESOLUTION 2
Welter of Jones offered the following House Memorial Resolution
2 and moved its adoption:
HOUSE MEMORIAL RESOLUTION 2
Whereas, The Honorable Gerald Cornelius of Jackson County,
Iowa, who was a member of the Seventy-sixth first session
general assembly, passed away December 14, 1995; Now Therefore,
Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House to
prepare suitable resolutions commemorating his life, character
and service to the state.
The motion prevailed and the Speaker appointed as such committee
Welter of Jones, Osterhaus of Jackson and Boddicker of Cedar.
ADOPTION OF HOUSE MEMORIAL RESOLUTION 3
Barry of Harrison offered the following House Memorial
Resolution 3 and moved its adoption:
HOUSE MEMORIAL RESOLUTION 3
Whereas, The Honorable Frank Crabb of Crawford County, Iowa,
who was a member of the Sixty-third, Sixty-fourth, Sixty-fifth,
Sixty-sixth, Sixty-seventh, Sixty-seventh Extra, Sixty-eighth,
Sixty-ninth, Sixty-ninth Extra and Sixty-ninth Second Extra
general assemblies, passed away November 28, 1995; Now Therefore,
Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House to
prepare suitable resolutions commemorating his life, character
and service to the state.
The motion prevailed and the Speaker appointed as such committee
Barry of Harrison, Gries of Crawford and Drake of Pottawattamie.
ADOPTION OF HOUSE MEMORIAL RESOLUTION 4
Heaton of Henry offered the following House Memorial Resolution
4 and moved its adoption:
HOUSE MEMORIAL RESOLUTION 4
Whereas, The Honorable Fred "Lee" Gallup of Jefferson County,
Iowa, who was a member of the Fifty-third, Fifty-fourth and
Fifty-fifth general assemblies, passed away October 7, 1995; Now
Therefore,
Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House to
prepare suitable resolutions commemorating his life, character
and service to the state.
The motion prevailed and the Speaker appointed as such committee
Heaton of Henry, Reynolds-Knight of Van Buren and Greiner of
Washington.
ADOPTION OF HOUSE MEMORIAL RESOLUTION 5
Rants of Woodbury offered the following House Memorial
Resolution 5 and moved its adoption:
HOUSE MEMORIAL RESOLUTION 5
Whereas, The Honorable Warren Johnson of Woodbury County, Iowa,
who was a member of the Sixty-eighth, Sixty-ninth, Sixty-ninth
Extra and Sixty-ninth Second Extra general assemblies, passed
away May 16, 1996; Now Therefore,
Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House to
prepare suitable resolutions commemorating his life, character
and service to the state.
The motion prevailed and the Speaker appointed as such committee
Rants of Woodbury, Warnstadt of Woodbury and Gries of Crawford.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 10
Vande Hoef of Osceola called up for consideration House
Concurrent Resolution 10, a concurrent resolution relating to a
biennial memorial session, and moved its adoption:
1 HOUSE CONCURRENT RESOLUTION 10
2 By Vande Hoef
3 A House concurrent resolution relating to a
4 biennial memorial session.
5 Whereas, it has been the custom to hold a biennial
6 memorial session in recognition of the public service
7 of departed members of the General Assembly; and
8 Whereas, both Houses desire to participate in such
9 an observance; Now Therefore,
10 Be It Resolved By The House Of Representatives, The
11 Senate Concurring, that an evening session of the Seventy-
12 seventh General Assembly be held in the House of
Representatives
13 Chamber Wednesday evening, April 2, 1997, at 7:00 p.m.
14 Be It Further Resolved, that a joint committee of
15 eight members be appointed, four from the Senate to be
16 appointed by the President of the Senate, and four from
17 the House to be appointed by the Speaker of the House,
18 to make suitable arrangements for a joint memorial session.
The motion prevailed and the resolution was adopted.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 11
Siegrist of Pottawattamie called up for consideration House
Concurrent Resolution 11, a concurrent resolution relating to
Pioneer Lawmakers:
1 HOUSE CONCURRENT RESOLUTION 11
2 By Siegrist and Schrader
3 A House Concurrent Resolution relating to
4 Pioneer Lawmakers.
5 Whereas, the Seventy-seventh General Assembly is
6 advised of a meeting of the Pioneer Lawmakers Association
7 to be held on Wednesday, April 2, 1997; and
8 Whereas, the Pioneer Lawmakers request the opportunity
9 to meet formally with the General Assembly, Now Therefore,
10 Be It Resolved By The House of Representatives, The
11 Senate Concurring, That the General Assembly meet in joint
12 session in the House Chamber on Wednesday, April 2, 1997,
13 at 2:00 p.m. and that the Pioneer Lawmakers be invited to
14 attend and present a program on that occasion, and that the
15 Speaker of the House of Representatives and the President
16 of the Senate be designated to deliver the invitation
17 to them.
Doderer of Johnson offered the following amendment H-1112 filed
by her and moved its adoption:
H-1112
1 Amend House Concurrent Resolution 11 as follows:
2 1. Page 1, line 13, by striking the figure "1:00"
3 and inserting the following: "2:00".
Amendment H-1112 was adopted.
On motion by Siegrist of Pottawattamie, the resolution was
adopted.
CONSIDERATION OF BILLS
Regular Calendar
House File 82, a bill for an act relating to an award of
attorney fees in an action to enforce a mechanic's lien, 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. 82)
The ayes were, 95:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drees Eddie
Falck Fallon Foege Ford
Frevert Garman Gipp 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 Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson Scherrman
Schrader Siegrist Sukup 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, 5:
Corbett, Spkr. Drake Greig Shoultz
Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 254, a bill for an act relating to the county mental
health, mental retardation, and developmental disabilities
services fund levy by providing a procedure for a county to make
revisions affecting the services fund levy and other levies, and
providing an effective date, was taken up for consideration.
SENATE FILE 145 SUBSTITUTED FOR HOUSE FILE 254
Mertz of Kossuth asked and received unanimous consent to
substitute Senate File 145 for House File 254.
Senate File 145, a bill for an act relating to the county mental
health, mental retardation, and developmental disabilities
services fund levy by providing a procedure for a county to make
revisions affecting the services fund levy and other levies, and
providing an effective date, was taken up for consideration.
Mertz of Kossuth 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?" (S.F. 145)
The ayes were, 94:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drees Eddie
Falck Fallon Foege Ford
Frevert Garman Gipp Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Lord Martin Mascher May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Siegrist Sukup 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, 6:
Corbett, Spkr. Drake Greig Larson
Shoultz Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 254 WITHDRAWN
Mertz of Kossuth asked and received unanimous consent to
withdraw House File 254 from further consideration by the House.
House File 275, a bill for an act relating to trademarks and
service marks registered with the secretary of state, was taken
up for consideration.
Hansen 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. 275)
The ayes were, 95:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drees Eddie
Falck Fallon Foege Ford Frevert
Garman Gipp 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 Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Siegrist Sukup
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, 5:
Corbett, Spkr. Drake Greig Shoultz
Taylor
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 Concurrent Resolution 10 and 11, Senate File 145 and House
File 275.
HOUSE FILE 392 REREFERRED
The Speaker announced that House File 392, previously referred
to committe on commerce-regulation was rereferred to committee
on local government.
HOUSE FILE 405 REREFERRED
The Speaker announced that House File 405, previously referred
to committee on local government was rereferred to committee on
education.
HOUSE JOINT RESOLUTION 16 REREFERRED
The Speaker announced that House Joint Resolution 16, previously
referred to committee on education was rereferred to committee
on state government.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
Office of Renewable Fuels and Co-Products
The Semi-Annual Report regarding summary of activities from July
1, 1996 to December 31, 1996, pursuant to Chapter 159A.3(2)(h),
Code of Iowa.
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\196 Louita Clothier, Lamoni - For her 28 years of music
instruction of the Suzuki Program and the Lamoni Strings.
1997\197 Brandon Livingood, Decorah - For winning 1st place in
the 130 lbs., Class 2-A 1997 Iowa High School State Wrestling
Tournament.
SUBCOMMITTEE ASSIGNMENTS
House Joint Resolution 15
State Government: Van Fossen, Chair; Connors and Martin.
House File 347
Judiciary: Lamberti, Chair; Doderer and Garman.
House File 364 Reassigned
State Government: Bradley, Chair; Cataldo and Hansen.
House File 385
Judiciary: Grundberg, Chair; Holveck and Lamberti.
House File 395
State Government: Gipp, Chair; Churchill and Jochum.
Senate File 123
Judiciary: Lamberti, Chair; Bernau and Churchill.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 182
State Government: Holmes, Chair; Taylor and Tyrrell.
House Study Bill 185
Judiciary: Larson, Chair; Chapman and Kremer.
House Study Bill 188
Local Government: Brauns, Chair; Reynolds-Knight and Weidman.
House Study Bill 189
Local Government: Klemme, Chair; Dix and Myers.
House Study Bill 190
Local Government: Houser, Chair; Carroll and Huser.
House Study Bill 193
Local Government: Vande Hoef, Chair; Klemme and Myers.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 196 Local Government
Relating to city ordinances and other official actions of a city
council and mayor.
H.S.B. 197 Commerce-Regulation
Relating to an alternative price regulation plan for certain
local exchange carriers, providing for related matters, and
providing an effective date.
H.S.B. 198 Judiciary
Relating to limited partnerships and the rights and duties of
limited partners, partnership agreements, duties of the
secretary of state with respect to limited partnerships, and
other related matters affecting foreign and domestic limited
partnerships, and establishing fees and penalties.
H.S.B. 199 Ways and Means
Relating to hospitals and health care facilities, including
licensing and license fees, inspections and inspection fees and
fines.
AMENDMENTS FILED
H_1130 H.F. 388 Fallon of Polk
Witt of Black Hawk
H_1131 H.F. 388 Wise of Lee
H_1132 H.F. 388 Bernau of Story
Myers of Johnson Bell of Jasper
Brand of Tama Bukta of Clinton
Burnett of Story Cataldo of Polk
Chapman of Linn Chiodo of Polk
Cohoon of Des Moines Connors of Polk
Drees of Carroll Falck of Fayette
Foege of Linn Ford of Polk
Frevert of Palo Alto Huser of Polk
Jochum of Dubuque Kinzer of Scott
Koenigs of Mitchell Kreiman of Davis
Larkin of Lee Mascher of Johnson
May of Worth Mertz of Kossuth
Moreland of Wapello Mundie of Webster
Murphy of Dubuque O'Brien of Boone
Osterhaus of Jackson Reynolds-Knight of Van Buren
Richardson of Warren Scherrman of Dubuque
Schrader of Marion Thomas of Clayton
Warnstadt of Woodbury Weigel of Chickasaw
Whitead of Woodbury Wise of Lee
On motion by Siegrist of Pottawattamie, the House adjourned at
1:48 p.m., until 8:45 a.m., Tuesday, March 4, 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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