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Sixty-fourth Calendar Day - Forty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, March 17, 1997
The House met pursuant to adjournment at 1:07 p.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was sung by Kellie R. Barry, Woodbine.
The Journal of Friday, March 14, 1997 was approved.
THE PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Honorable Donna Barry,
state representative from Harrison County.
PETITIONS FILED
By Brauns of Muscatine, from nineteen constituents of the 47th
District favoring the "Enrich Iowa: Fund Libraries."
By Rayhons of Hancock, from two hundred sixteen constituents of
the 16th District favoring Senate File 400, an act establishing
the enrich Iowa program for eligible public libraries and making
an appropriation.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Brand of Tama, until his arrival, on request of Schrader of
Marion; Brauns of Muscatine and Sukup of Franklin, until their
arrival, on request of Siegrist of Pottawattamie.
INTRODUCTION OF BILLS
House File 661, by committee on judiciary, a bill for an act
relating to the adjudication and sentencing of certain criminal
offenders, by providing for notice and hearings on
reconsiderations of sentence, permitting the presentation of
oral victim impact statements at reconsideration of sentence
hearings, and eliminating certain sexual offenders from
eligibility for suspended or deferred sentences or deferred
judgments.
Read first time and placed on the calendar.
House File 662, by committee on judiciary, a bill for an act
relating to the defense of criminal charges, by making changes
in the penalties
applicable to certain offenses for which appointment of counsel
is required, providing county attorneys or their designees with
access to the centralized employee registry for purposes of
collection of restitution, making changes relating to the
determination of a person's indigency, prohibiting the
submission of false information on an affidavit of financial
status, requiring the state to enforce liens for restitution in
criminal cases, and providing penalties.
Read first time and placed on the calendar.
CONSIDERATION OF BILLS
Regular Calendar
House File 218, a bill for an act relating to service of notices
of appraisement of property for state inheritance tax purposes,
with report of committee recommending amendment and passage, was
taken up for consideration.
Carroll of Poweshiek offered the following amendment H-1133
filed by the committee on local government and moved its
adoption:
H-1133
1 Amend House File 218 as follows:
2 1. Page 1, line 19, by striking the word
3 "ordinary" and inserting the following:
"certified".
The committee amendment H-1133 was adopted.
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. 218)
The ayes were, 95:
Arnold Barry Bell Bernau Blodgett
Boddicker Boggess Bradley 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
Lord Martin Mascher May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist 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, 5:
Brand Brauns Chiodo Eddie
Sukup
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 218 be immediately messaged to the Senate.
House File 371, a bill for an act relating to the issuing of
temporary orders for support, custody, or visitation of a child
born outside of marriage, was taken up for consideration.
Boddicker of Cedar 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. 371)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo 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 Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist
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:
Brand Brauns Eddie Sukup
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 87 WITHDRAWN
Doderer of Johnson asked and received unanimous consent to
withdraw House File 87 from further consideration by the House.
House File 368, a bill for an act relating to the establishment
of the entrepreneurial ventures assistance program and
allocating funds from the Iowa strategic investment fund for the
administration and operation of the program, was taken up for
consideration.
Teig of Hamilton 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. 368)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo 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 Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist
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:
Brand Brauns Eddie Sukup
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 376, a bill for an act relating to child welfare
provisions involving juvenile justice dispositional orders,
hearings, and placements and providing an effective date, was
taken up for consideration.
The following amendment H-1183, filed by Garman of Story from
the floor, was adopted by unanimous consent:
H-1183
1 Amend House File 376, as follows:
2 1. Page 3, line 14, by striking the word "lease"
3 and inserting the word "least".
Thomson of Linn asked and received unanimous consent that House
File 376 be deferred and that the bill retain its place on the
calendar.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 368 and 371.
House File 167, a bill for an act relating to eligibility
requirements for workers' compensation, with report of committee
recommending amendment and passage, was taken up for
consideration.
Barry of Harrison offered the following amendment H-1160 filed
by the committee on labor and industrial relations and moved its
adoption:
H-1160
1 Amend House File 167 as follows:
2 1. Page 1, line 6, by inserting after the word
3 "thousand" the following: "five hundred".
4 2. Page 1, line 19, by inserting after the word
5 "thousand" the following: "five hundred".
The committee amendment H-1160 was adopted.
Barry of Harrison 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. 167)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
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 Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight 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, 3:
Brand Brauns Richardson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 398, a bill for an act relating to subject matter
under the regulatory authority of the labor commissioner,
including the construction contractors law, and making
nonsubstantive Code corrections relating to the child labor law,
was taken up for consideration.
Holmes 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. 398)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
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 Moreland 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, 2:
Brand Brauns
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 313, 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, with
report of committee recommending passage, was taken up for
consideration.
Barry of Harrison 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. 313)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
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 Moreland 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, 2:
Brand Brauns
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
House File 495, a bill for an act relating to certain machinery,
equipment, and computers for purposes of property taxation and
providing an applicability date, 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. 495)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brunkhorst Bukta Burnett Carroll
Cataldo 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
Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
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:
Brand Brauns Chapman Schrader
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Regular Calendar
House File 399, a bill for an act relating to inspections of
unfired steam pressure vessels, was taken up for consideration.
Holmes 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. 399)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
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 Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist
Sukup Taylor Teig Thomas Thomson
Tyrrell Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Brand Brauns Van Fossen
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 167, 398, 313, 495 and 399.
House File 545, a bill for an act relating to the criteria for
placement of delinquent children, for whom guardianship has been
transferred to the director of human services, in certain
facilities, was taken up for consideration.
Vande Hoef of Osceola 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. 545)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
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 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 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, 1:
Kreiman
Absent or not voting, 1:
Brand
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 545 be immediately messaged to the Senate.
House File 552, a bill for an act eliminating notice
requirements relating to the location of certain electric
transmission lines, wires, or cables, 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. 552)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Churchill
Cohoon Connors Corbett, Spkr. Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees
Eddie 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 Moreland 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, 2:
Brand Falck
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 308, a bill for an act relating to notification
requirements for communications between a debt collector and a
debtor, was taken up for consideration.
Bernau of Story offered the following amendment H-1081 filed by
him and moved its adoption:
H-1081
1 Amend House File 308 as follows:
2 1. Page 1, line 3, by striking the word
3 "clearly", and inserting the following: "clearly".
Roll call was requested by Holveck of Polk and Chiodo of Polk.
On the question "Shall amendment H-1081 be adopted?" (H.F. 308)
The ayes were, 45:
Bell Bernau Bukta Burnett Cataldo
Chapman Chiodo Cohoon Connors
Doderer Dotzler Drees Falck
Fallon Foege Ford Frevert
Holveck Huser Jochum Kinzer
Koenigs Kreiman Larkin Mascher
May Mertz Moreland Mundie
Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 52:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Klemme Kremer Lamberti
Larson Lord Martin Metcalf
Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Welter Van Maanen,
Presiding
Absent or not voting, 3:
Brand Dinkla Jenkins
Amendment H-1081 lost.
Carroll of Poweshiek in the chair at 2:55 p.m.
Churchill 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. 308)
The ayes were, 57:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kreiman Kremer
Lamberti Larson Lord Martin
Mertz Metcalf Meyer Millage
Mundie Nelson Rants Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Carroll,
Presiding
The nays were, 42:
Bell Bernau Bukta Burnett Cataldo
Chapman Chiodo Cohoon Connors
Doderer Dotzler Drees Falck
Fallon Foege Ford Frevert
Holveck Huser Jochum Kinzer
Koenigs Larkin Mascher May
Moreland Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, 1:
Brand
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Speaker Corbett in the chair at 3:00 p.m.
House File 553, a bill for an act amending the uniform
securities Act relating to the registration of securities and
the registration of broker-dealers and agents, establishing
fees, and providing an effective date, was taken up for
consideration.
Sukup of Franklin 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. 553)
The ayes were, 96:
Arnold Barry Bell Blodgett
Boggess Bradley Brauns Brunkhorst
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
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
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, 4:
Bernau Boddicker Brand Bukta
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 552, 308, and 553.
House File 403, a bill for an act increasing the speed limit on
interstate and fully controlled-access, divided, multilaned
highways for certain motor vehicles, was taken up for
consideration.
Rayhons of Hancock asked and received unanimous consent to
withdraw amendment H-1142 filed by him on March 5, 1997.
Richardson of Warren offered amendment H-1174 filed by him as
follows:
H-1174
1 Amend House File 403 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. NEW SECTION. 321.232A RADAR OR OTHER
5 SPEED-MEASURING DEVICE DETECTORS - POSSESSION, USE,
6 OR SALE PROHIBITED.
7 1. A person commits a simple misdemeanor by doing
8 either of the following:
9 a. Operating a vehicle on a highway of this state
10 while using or possessing a device designed to detect
11 emissions from a radar, laser, or other speed-
12 measuring device and signal the existence of those
13 emissions.
14 b. Offering for sale or selling in this state a
15 device designed to detect emissions from a radar,
16 laser, or other speed-measuring device and signal the
17 existence of those emissions.
18 2. It is an affirmative defense to a charge of
19 violating subsection 1 that the device, at the time of
20 the alleged offense, had no power source and was not
21 readily accessible for use by the driver or an
22 occupant of the vehicle.
23 3. A device prohibited by this section may be
24 seized as evidence under chapter 809 and shall be
25 disposed of or returned to the person from whom it was
26 seized in accordance with section 809.5. Upon request
27 and payment of the costs of shipment, the seizing
28 agency shall ship the device to an address specified
29 by the person from whom the device was seized.
30 4. This section does not apply to the following:
31 a. A device designed exclusively to receive radio
32 signals on frequencies lawfully licensed by a state or
33 federal agency.
34 b. A device used by a peace officer in the
35 performance of the official duties of the peace
36 officer."
37 2. Title page, line 1, by inserting after the
38 word "Act" the following: "relating to the
39 enforcement of speed limits by prohibiting the
40 possession or use of radar detectors, providing a
41 penalty, and by".
42 3. By renumbering as necessary.
Blodgett of Cerro Gordo rose on a point of order that amendment
H-1174 was not germane.
The Speaker ruled the point well taken and amendment H-1174 not
germane.
Rayhons of Hancock offered the following amendment H-1141 filed
by him and moved its adoption:
H-1141
1 Amend House File 403 as follows:
2 1. Page 1, line 4, by striking the words "except
3 commercial vehicles".
4 2. Page 1, lines 7 and 8, by striking the words
5 "and for commercial vehicles is sixty-five miles per
6 hour".
A non-record roll call was requested.
The ayes were 42, nays 38.
Amendment H-1141 was adopted.
Warnstadt of Woodbury offered amendment H-1177 filed by him as
follows:
H-1177
1 Amend House File 403 as follows:
2 1. Page 1, by inserting after line 21 the
3 following:
4 "Sec. ___. Section 805.8, subsection 2, paragraph
5 g, subparagraph (4), Code 1997, is amended to read as
6 follows:
7 (4) Notwithstanding subparagraphs (1) and (3), for
8 excessive speed violations in speed zones greater than
9 fifty-five miles per hour when in excess of the limit
10 by five miles per hour or less the fine is ten
11 dollars, by more than five and not more than ten miles
12 per hour the fine is twenty dollars, by more than ten
13 and not more than fifteen miles per hour the fine is
14 forty eighty dollars, by more than fifteen and not
15 more than twenty miles per hour the fine is sixty
one
16 hundred twenty dollars, and by more than twenty miles
17 per hour the fine is sixty one hundred twenty
dollars
18 plus two dollars for each mile per hour of excessive
19 speed over twenty miles per hour over the limit.
20 Notwithstanding section 602.8108, the clerk of the
21 district court shall allocate ninety-five percent of
22 funds received pursuant to this section to the
23 emergency medical services fund created in section
24 135.25, and the remaining funds shall be allocated to
25 the enhanced court collections fund created in section
26 602.1304."
27 2. Title page, line 3, by inserting after the
28 word "vehicles" the following: "and providing a
29 penalty".
30 3. By renumbering as necessary.
Warnstadt of Woodbury offered the following amendment H-1182, to
amendment H-1177, filed by him from the floor, and moved its
adoption:
H-1182
1 Amend the amendment, H-1177, to House File 403 as
2 follows:
3 1. Page 1, by striking lines 4 through 26 and
4 inserting the following:
5 ""Sec. ___. Section 805.8, subsection 2, paragraph
6 g, subparagraph (4), Code 1997, is amended to read as
7 follows:
8 (4) (a) Notwithstanding subparagraphs (1) and
9 (3), for excessive speed violations in speed zones
10 greater than fifty-five miles per hour when in excess
11 of the limit by, the fine shall be as follows:
12 (i) By five miles per hour or less, the fine is
13 ten dollars, by.
14 (ii) By more than five and not more than ten miles
15 per hour, the fine is twenty dollars, by.
16 (iii) By more than ten and not more than fifteen
17 miles per hour the fine is forty eighty dollars,
by.
18 (iv) By more than fifteen and not more than
twenty
19 miles per hour the fine is sixty dollars, and by more
20 than twenty miles per hour the fine is sixty one
21 hundred dollars plus two dollars for each mile per
22 hour of excessive speed over twenty miles per hour
23 over the limit.
24 (b) The clerk of the district court shall
25 distribute one hundred percent of the receipts under
26 subparagraph subdivision (a), subparagraph subdivision
27 parts (i) and (ii), according to section 602.8108.
28 The clerk of the district court shall distribute fifty
29 percent of the receipts under subparagraph subdivision
30 (a), subparagraph subdivision parts (iii) and (iv)
31 according to section 602.8108. Notwithstanding
32 section 602.8108, the clerk shall allocate ninety-five
33 percent of the remaining receipts under subparagraph
34 subdivision (a), subparagraph subdivision parts (iii)
35 and (iv) to the emergency medical services fund
36 created in section 135.25, and the balance shall be
37 retained by the district court for administrative
38 costs.""
Amendment H-1182 was adopted.
Blodgett of Cerro Gordo rose on a point of order that amendment
H-1177, as amended, was not germane.
The Speaker ruled the point well taken and amendment H-1177 not
germane.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-1178 filed by him on March 14, 1997.
Blodgett of Cerro Gordo 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. 403)
The ayes were, 47:
Arnold Barry Blodgett Boddicker
Bradley Brauns Brunkhorst Cataldo
Chiodo Churchill Cohoon Cormack
Dinkla Dix Dotzler Eddie
Gipp Greig Hansen Holmes
Jacobs Jenkins Kremer Lamberti
Larkin Larson Martin May
Meyer Millage Mundie Murphy
Nelson Rants Rayhons Siegrist
Sukup Taylor Teig Thomson
Van Fossen Van Maanen Vande Hoef Veenstra
Welter Wise Mr. Speaker
Corbett
The nays were, 52:
Bell Bernau Boggess Bukta
Burnett Carroll Chapman Connors
Doderer Dolecheck Drake Drees
Falck Fallon Foege Ford
Frevert Garman Greiner Gries
Grundberg Hahn Heaton Holveck
Houser Huseman Huser Jochum
Kinzer Klemme Koenigs Kreiman
Lord Mascher Mertz Metcalf
Moreland Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Thomas Tyrrell Warnstadt
Weidman Weigel Whitead Witt
Absent or not voting, 1:
Brand
The bill having failed to receive a constitutional majority was
declared to have failed to pass the House.
House File 236, a bill for an act relating to eligibility for
unemployment compensation benefits for temporary employees of a
temporary employment firm, was taken up for consideration.
Taylor of Linn offered the following amendment H-1036 filed by
him and moved its adoption:
H-1036
1 Amend House File 236 as follows:
2 1. Page 1, line 8, by inserting after the word
3 "days" the following: ", or within a reasonable time
4 thereafter if good cause is shown,".
Amendment H-1036 lost.
Dotzler of Black Hawk offered the following amendment H-1075
filed by him:
H-1075
1 Amend House File 236 as follows:
2 1. Page 1, line 8, by striking the word "three"
3 and inserting the following: "five".
Holveck of Polk asked for unanimous consent that House File 236
be deferred and that the bill retain its place on the calendar.
Objection was raised.
Holveck of Polk moved to defer action on House File 236.
A non-record roll call was requested.
The ayes were 33, nays 46.
The motion to defer lost.
Dotzler of Black Hawk moved the adoption of amendment H-1075.
Amendment H-1075 lost.
Murphy of Dubuque offered amendment H-1037 filed by him as
follows:
H-1037
1 Amend House File 236 as follows:
2 1. Page 1, line 12, by inserting after the word
3 "assignment." the following: "The notification
4 requirements of this paragraph do not apply to an
5 individual who is continuously employed pursuant to an
6 employment assignment for a period of two or more
7 years."
Amendment H-1037 lost.
Kremer of Buchanan 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. 236)
The ayes were, 58:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Cataldo Churchill Cormack
Dinkla Dix Dolecheck Drake
Eddie Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme
Koenigs Kremer Lamberti Larson
Lord Martin Mertz Metcalf
Meyer Millage Nelson Rants Rayhons
Scherrman Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Mr. Speaker
Corbett
The nays were, 41:
Bell Bernau Bukta Burnett
Chapman Chiodo Cohoon Connors
Doderer Dotzler Drees Falck Fallon
Foege Ford Frevert Holveck
Huser Jochum Kinzer Kreiman
Larkin Mascher May Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
Absent or not voting, 1:
Brand
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 236 be immediately messaged to the Senate.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 155.1 (Revised) Ways and Means
Requesting the Legislative Council to establish a task force to
study Iowa's system of state and local taxation and requiring
reporting by certain dates.
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
Committee Bill (Formerly House File 301), providing for
interests by persons owning or leasing agricultural land, and
providing penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
COMMITTEE ON EDUCATION
House File 498, a bill for an act relating to school finance
providing for additional funding for at-risk students,
restructuring the method for determining state aid for special
education students, providing a unified regular program and
special education state foundation level, providing an
appropriation, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1198 March 13,
1997.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House File 129), to increase the
penalties for the manufacture, delivery, or possession with
intent to manufacture or deliver amphetamine or any substance
containing amphetamine.
Fiscal Note is not required.
Recommended Do Pass March 13, 1997.
Committee Bill (Formerly House File 154), relating to an
exception from mandatory participation in a course by parties to
an action involving child custody or visitation.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
Committee Bill (Formerly House File 272), providing a cause of
action against the state for wrongful imprisonment.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
Committee Bill (Formerly House File 339), relating to the
recording of hearings and proceedings before a magistrate.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
Committee Bill (Formerly House File 518), relating to the denial
of federal benefits to persons convicted of drug-related
offenses.
Fiscal Note is not required.
Recommended Do Pass March 13, 1997.
Committee Bill (Formerly House File 595), concerning compliance
with the terms of an employee pension plan and providing a
penalty.
Fiscal Note is not required.
Recommended Do Pass March 13, 1997.
Committee Bill (Formerly House Study Bill 149), relating to
civil actions and statutes of limitations in civil actions, the
rate of interest on judgments and decrees, testimony by expert
witnesses, procedures for furnishing patient records of
plaintiffs, comparative fault in consortium claims, damages in
civil actions, joint and several liability, and disclosure of
psychological test material.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
Committee Bill (Formerly House Study Bill 222), relating to
substance abuse evaluation and education, use of ignition
interlock devices, criminal penalties and administrative
revocations and payment of restitution by persons convicted of
operating a motor vehicle while intoxicated; to certain
operating privileges; to civil liability, forfeiture, and
criminal penalties arising from operation of a motor vehicle by
a person whose license is suspended, denied, revoked, or barred;
and providing for technical changes, and certain effective and
applicability dates.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
Committee Bill (Formerly House Study Bill 226), relating to the
disposition of property forfeited to the state.
Fiscal Note is not required.
Recommended Do Pass March 13, 1997.
Committee Bill (Formerly House Study Bill 230), relating to the
Iowa administrative procedure Act and providing an effective and
applicability date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
COMMITTEE ON LOCAL GOVERNMENT
House File 289, a bill for an act providing for drug testing of
public safety employees and making penalties applicable.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1179 March 13,
1997.
Pursuant to Rule 31.7, House File 289 was referred to the
committee on labor and industrial relations.
House File 428, a bill for an act relating to licensing and
certification of certain occupations relating to real estate, by
providing for appraiser certification, discipline of brokers and
salespersons, and related matters, and making a penalty
applicable
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1181 March 13,
1997.
Committee Bill (Formerly House File 234), relating to election
of mayors in certain cities and providing an immediate effective
date.
Fiscal Note is not required.
Recommended Do Pass March 13, 1997.
Committee Bill (Formerly House Study Bill 189), relating to
refunds for tonnage fees paid by operators of sanitary landfills
and solid waste management techniques.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
Committee Bill (Formerly House Study Bill 224), relating to and
making property tax relief fund appropriations and providing an
effective date.
Fiscal Note is not required.
Recommended Do Pass March 13, 1997.
Committee Bill (Formerly House Study Bill 228), relating to
local government budget practices and property tax statements,
and including an applicability date provision.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 1997.
AMENDMENTS FILED
H_1179 H.F. 289 Committee on Local
Government
H_1180 H.F. 306 Grundberg of Polk
Larson of Linn
H_1181 H.F. 428 Committee on Local
Government
H_1184 H.F. 636 Jochum of Dubuque
H_1185 H.F. 334 Heaton of Henry
Weigel of Chickasaw
H_1186 H.F. 334 Heaton of Henry
H_1187 H.F. 334 Weigel of Chickasaw
H_1188 H.F. 334 Weigel of Chickasaw
H_1189 H.F. 334 Weigel of Chickasaw
Garman of Story
H_1190 H.F. 334 Weigel of Chickasaw
H_1191 H.F. 334 Heaton of Henry
Weigel of Chickasaw
H_1192 H.F. 334 Heaton of Henry
H_1193 H.F. 334 Heaton of Henry
H_1194 H.F. 334 Heaton of Henry
H_1195 H.F. 334 Heaton of Henry
H_1196 H.F. 504 Blodgett of Cerro Gordo
H_1197 H.F. 564 Wise of Lee
H_1198 H.F. 498 Committee on Education
H_1199 H.F. 405 Dolecheck of Ringgold
H_1200 H.F. 327 Grundberg of Polk
H_1201 H.F. 564 Vande Hoef of Osceola
H_1202 H.F. 306 Richardson of Warren
H_1203 H.F. 625 Gries of Crawford
H_1204 H.F. 636 Chiodo of Polk
H_1205 H.F. 121 Boddicker of Cedar
Burnett of Story
H_1206 H.F. 514 Bradley of Clinton
H_1207 H.F. 334 Richardson of Warren
H_1208 H.F. 544 Vande Hoef of Osceola
H_1209 H.F. 334 Metcalf of Polk
Chapman of Linn
On motion by Siegrist of Pottawattamie, the House adjourned at
5:50 p.m., until 8:45 a.m., Tuesday, March 18, 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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