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Eightieth Calendar Day - Fifty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 2, 1997
The House met pursuant to adjournment at 8:53 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Jerry Van Hooser, the Baptist
Church, Slater.
The Journal of Tuesday, April 1, 1997 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Ford of Polk, until his arrival, on request of Schrader of
Marion.
SENATE MESSAGES CONSIDERED
Senate File 109, by King, a bill for an act relating to workers'
compensation coverage for employment outside of the state.
Read first time and passed on file.
Senate File 174, by Dearden, a bill for an act relating to the
operation of motorboats on artificial lakes and providing an
effective date.
Read first time and referred to committee on natural resources.
Senate File 460, by committee on business and labor, a bill for
an act relating to membership on the workforce development board
and providing an effective date.
Read first time and referred to committee on state government.
Senate File 508, by committee on commerce, a bill for an act
allowing certain fees to be charged in connection with certain
consumer lines of credit accounts in certain financial
institutions.
Read first time and referred to committee on commerce-regulation.
Senate File 518, by committee on state government, a bill for an
act relating to the administration of state government, by
providing for the practices of the department of general
services, state procurement, motor vehicles, and state printing.
Read first time and referred to committee on state government.
On motion by Gipp of Winneshiek, the House was recessed at 8:56
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
SENATE MESSAGE CONSIDERED
Senate File 501, by committee on small business, economic
development and tourism, a bill for an act relating to the
department of workforce development and the enforcement of
employment laws concerning emergency and hazardous materials
inventories, amusement rides, asbestos and employment agency
licenses, wage assignments, and boxing and wrestling.
Read first time and referred to committee on labor and
industrial relations.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 20
Kremer of Buchanan called up for consideration House Concurrent
Resolution 20, a concurrent resolution proclaiming the creation
of the Iowa Veterans Foundation, and moved its adoption.
The motion prevailed and the resolution was adopted.
CONSIDERATION OF BILLS
Regular Calendar
House File 492, a bill for an act relating to supplemental needs
trusts for persons with disabilities, was taken up for
consideration.
Witt of Black Hawk offered the following amendment H-1242 filed
by him and moved its adoption:
H-1242
1 Amend House File 492 as follows:
2 1. Page 1, line 22, by inserting after the word
3 "include" the following: ", but is not limited to,".
Amendment H-1242 was adopted.
Witt of Black Hawk 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. 492)
The ayes were, 96:
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 Drake Drees
Eddie Falck Fallon 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
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 4:
Corbett, Spkr. Foege Ford Wise
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 Concurrent Resolution 20 and House File 492 be
immediately messaged to the Senate.
House File 698, a bill for an act relating to child abuse
information and the central registry for child abuse information
maintained by the department of human services and providing an
effective date, was taken up for consideration.
The House stood at ease at 1:26 p.m., until the fall of the
gavel. (House File 698 pending.)
The House resumed session at 1:55 p.m., Speaker Corbett in the
chair.
COMMITTEE TO NOTIFY THE SENATE
Tyrrell of Iowa moved that a committee of three be appointed to
notify the Senate that the House was ready to receive it in
joint convention.
The motion prevailed and the Speaker appointed as such
committee, Tyrrell of Iowa, Holmes of Scott and Falck of Fayette.
Tyrrell, chair of the committee appointed to notify the Senate
that the House was ready to receive it in joint convention,
reported the committee had performed its duty. The report was
received and the committee discharged.
The Sergeant-at-Arms announced the arrival of the President of
the Senate, the Secretary of the Senate and the honorable body
of the Senate.
The President was escorted to the Speaker's station; the
Secretary to the Chief Clerk's desk and the members of the
Senate were seated in the House chamber.
JOINT CONVENTION
PIONEER LAWMAKERS
FIFTY-FOURTH BIENNIAL SESSION
In accordance with House Concurrent Resolution 11 duly adopted,
the joint convention was called to order, President Kramer
presiding.
President Kramer announced a quorum present and the joint
convention duly organized.
Senator Iverson of Wright moved that a committee of four be
appointed to escort the Pioneer Lawmakers into the House chamber.
The motion prevailed and the President appointed as such
committee Senators Rensink of Sioux and Senator McCoy of Polk on
the part of the Senate, and Representative Weidman of Cass and
Representative Connors of Polk, on the part of the House.
The committee escorted the Pioneer Lawmakers into the House
chamber.
President Kramer presented Senator Donald Redfern of Black Hawk,
President pro tempore of the Senate, who welcomed the Pioneer
Lawmakers on behalf of the Senate.
President Kramer presented Representative Ron Corbett, Speaker
of the House, who welcomed the Pioneer Lawmakers on behalf of
the House of Representatives.
President Kramer presented the Honorable John P. Kibbie, member
of the Senate who responded to the welcome.
The Honorable John P. Kibbie announced the 1997 class of
legislators who were eligible to become members of the Pioneer
Lawmakers.
Honorary members of the 1997 class were the following lobbyists:
Bob Boyken, John Lewis, Bill Smith and F. Richard Thornton.
The Honorable John P. Kibbie presented James P. Flansburg,
Retired Des Moines Register Columnist, who addressed the joint
convention as follows:
I first walked into these chambers in search of a news story
about 40 years ago.
What I remember best was a speech in the Senate. An old family
friend, a senator from the Cedar County town of Clarence, Earl
Elijah, was talking about a bill rewriting the probate code. The
bill was six inches thick, an impenetrable forest of paper for
most people, and that grand old man hefted it above his head and
gave his speech. "I just hope you lawyers know what you're
doing," he said and sat down.
I guess they did. The bill passed and remains the basic law yet
today. Some members here might not approve of this standard but
I use it yet. The bill must have been a good one when you
consider the absence of scandal, great lawsuits and public
indignation.
I've thought of old Earl Elijah - I think his family and my
family settled in Cedar County about the same time in the late
1840s - dozens of times as I've tried to make sense of this
place and the way it has changed through my career as a
reporter, editor and opinion columnist.
His speech hinted at the bonds of trust that ran this place,
held it together, then. The continued existence of the committee
system still implies that you concentrate your efforts on this
endeavor and I'll concentrate on that one - but from what I've
seen and read, anyone who believes in a bond of trust today is
begging for disappointment.
Sometimes nowadays I get the impression that everyone is trying
to put something over on everyone else, with no consideration
for what it might do to the commonwealth as a whole.
For the players, those little games can provide moments of fun.
But for those of us who don't have the time or inclination or
ability to keep track of it all and still have to live with the
haphazard public policy that might result, it's bewildering.
What stopped first, I wonder: The honor and respect that we
almost automatically paid to a state legislator? Or the
behavior, the demeanor, that commanded that honor and respect?
Do I have a cure? An antidote? A reform? Lord, no. I'm having
enough trouble just describing the condition.
We live in a time when the only constant is change. The
legislature is caught by that as surely as the rest of us. It
may be a reflection of my age but what bothers me greatly is
change for the sake of change, people changing a law without
bothering to find out what the law's purpose was, what led to
its passage in the first place.
Almost every day in this place, many make a dreadful and
dangerous assumption: That those who were here in the past were
dummies and do not need to be heeded. Let me assure you, they
were not dummies. Let me also assure you that, as the wise man
said, those who do not read history are doomed to repeat its
mistakes.
There is no doubt in my mind that today's Iowa Legislature is
more representative of the people of Iowa than yesterday's
legislature was. The legislature's work and play, unfortunately,
is not bathed in the high, good humor that marked it 20, 30 or
40 years ago.
The passions back then were just as strong, I think, but the
respect for decorum and the legislative traditions of good
behavior were dominant. That resulted in the kind of class, for
instance, that Minnette Doderer showed about 30 years ago when
she went up on a point of personal privilege to talk about
Richard Radl of Lisbon. "When he goes home this weekend, I hope
his mother comes out from under the porch and bites him," she
said.
In 1973, Charles City's Ralph McCartney filed a motion to
censure Lucas DeKoster of Hull. "He used a fact in debate and
that's a dangerous precedent," said McCartney.
The same year Algona's Berl Priebe began to have doubts about
the committee system: "Ever since my baby pig bill went to
Education, I've been a little skeptical of committees," he said.
In 1977, I asked the wife of a legislator if she thought it was
right to serve as her husband's clerk even though she didn't
have some secretarial skills such as shorthand. "I can write
faster in longhand than he can think," she said. Case closed.
The old reporter title came about because I didn't know how to
write in the first person when I first began writing a column in
1971. My style was the newspaper style. I had to quote people.
So I quoted me and called me "the old reporter." "How does the
Iowa Legislature break down by sex?" I asked the old reporter in
1977. "I'd say that alcohol is a bigger problem," he said.
A few years before that, some of us got bored with the lack of
news at Governors' Days in Clear Lake and began running
Muscatine's Richard Drake for lieutenant governor. The job was
very powerful then, being sought by Art Neu and Bill Harbor, and
poor Drake squirmed, worrying about making those two angry. At a
reception, I caught up with Shirley and Dick Drake and stormed
at him for giving the story to the Associated Press instead of
me. "It's on the wire?" he asked. "Yes," I said. He did some
shouting, and I said, "Dick, have I ever lied to you." "No,"
said Drake. "Well, I am now," I said. "Furthermore," yelled
Drake, "I told that damn Bill Eberline." "Dick, Dick, Dick,"
said Shirley. "He said he's lying. Don't you ever listen to
anyone?"
And I remember Jack Schroeder, a talented Davenport legislator
from a long time ago. His motto: "Never leave a party until
you're asked to leave."
My favorite story involves an anonymous legislator who was
flying off to an eastern convention with a girlfriend when his
party put a call on the Senate. The
lady went east, he came back to the Senate, very angry, and
voted against his party at every turn.
I am leaving out a lot of names, and for that I'm sorry. With a
couple of exceptions whom I've written about, I'm proud to have
met and known a host of Iowa legislators. And, God, I hate to
say this, but I have to include some lobbyists in that. I should
name them. It would ruin their day. In any event, I feel blessed
that I had a chance to know and watch the work of so many
decent, caring people in and around Iowa government.
Focus on this for a moment: This place, Iowa, is a better place
than it was 20 years ago, 40 years ago, 100 years ago. In that,
I include the Legislature itself, the counties and cities, our
institutions. They need minding, some herding, some correcting,
but they're better than their predecessors because your
predecessors exercised political courage and made them so.
That's a glorious but a demanding legacy. In the main, Iowa has
had the luck to elect good people. We've had very few
scoundrels. Many members today are not as well-schooled,
formally and informally, and as experienced in real life as
their counterparts of yesterday. Changes in politics and in
business have made it all but impossible for some people who've
been successful in private endeavors to serve in today's
legislature. So some then and now comparisons are not
appropriate.
Whenever you get to talking with old-timers in the legislative
or lobbying or reporting stables, you get barraged about how
bigger-than-life the members were way back when. I don't know
why that is, because it's nonsense. Forty years from now, I tell
you today, some of the members, the lobbyists, staffers and
reporters here will be telling people about the giants that
served here back in '97. I knew and liked and respected some of
the giants of 40 years ago. I cherish some friendships that came
from my days here. But I don't think most of yesterday's people
were any different than today's members. Most of them would fit
in quite easily today. They would have to learn how to deal with
some changes just as today's members would have to learn to deal
with yesterday's system.
Despite my warnings about old-timers with giant stories, I do
want to mention what I regard as the most extraordinary session
in the state's history. The 1965 session. It came as a result of
the 1964 Johnson landslide over Goldwater, the first time in 30
years that the Democrats were in control. There was a lot of
fun, a lot of hell-raising, a lot of tipping over of tradition,
but the hard fact was that there was not an issue that the
general assembly refused to deal with. From both parties, it
seemed to me, the members were there to do a job, get the state
in order, not to get re-elected or prepare for some bigger
office. It was an enormously creative session. Almost all of the
legislative work in Iowa since has amounted to fine-tuning what
was done in 1965. Someone like Bob Fulton or Minnette Doderer or
Jack Kibbie or Bill Palmer should write a book.
When I first came to the Iowa Legislature as a reporter, the
committee meetings were closed. No one except members and the
committee clerk was allowed in. It was not uncommon, you'd learn
sometimes years after the fact, for a member to argue one way in
committee and in another way in public. Leadership control was
icy and ruthless. Issues weren't let out of committee for debate
until they manifested substantial public support.
As a kind of show, for example, two bills were debated at the
same time on the same day in 1959: Reapportionment in one house
and liquor by the drink in the other. There was no chance of
either passing. The purpose was to let the debate be a safety
valve to let off some public pressure.
Bit by bit, there was change. It probably would shock some
people today to learn that we thought it was reform about 35
years ago when they required an explanation on the bill and
required the bill to be printed so that you could see what it
did to the law. Fiscal notes? We thought that was just short of
the Second Coming.
Through 1965, as I recall it, Senate deliberations on
gubernatorial appointments and confirmation votes took place in
executive session. The Senate would go into executive session,
throw everyone out of the chamber, and then go about its
business. That rattled one senator in 1965 because it meant his
wife, who was his secretary, had to leave the chamber and he
relied on her to tell him what to do. Some of us would make our
way to the attic, and listen to the debate through the air vents
around the chandeliers. The acoustics are perfect up there.
Some years later, I once found myself locked inside a Senate
Republican caucus. It was my single worst experience in the
reporters' trade. It was an accident. I didn't want to be there.
But I couldn't step out without being denounced as a sneak. So I
stayed, in grave jeopardy of wetting my pants, as the senators
got into a long, nasty fight over their parking places on the
east side of the capitol building. Courtesy of experiences like
that, I've never been as great an exponent of open meetings as
some of my colleagues in the Fourth Estate.
Opening the committee meetings to the public and the procedural
changes governing the drafting of bills, the advent of the
computer and the cell phone, the coming of almost instant mass
communications, high-speed highways and travel - all those
things and more have combined to make this a different place
than it was.
When I started in the reporters' trade at the Des Moines
Register and Tribune in 1957, we had to have an editor's
permission to make a long-distance telephone call. It was an
expensive and complicated endeavor, so an operator handled it
and called you when the connection was made. In 1967, as I
remember it, one of the most effective lobbyists in the place,
Ed Jones, began spending about half his time in an office
downtown, using his telephone WATTS line to energize lobbying
efforts whose need was spotted by a young associate who'd joined
him, F. Richard Thornton.
These kinds of changes in technology make it very difficult for
a member of today's legislature to handle the most important
aspect of the job: Seek and forge compromise.
We live in an exceedingly diverse place of competitive and
conflicting interests. The country would fall apart, Alistair
Cooke wrote years ago, if we did not have three secrets:
"Compromise, compromise and compromise." You have to have
trade-offs or those competing and conflicting interests will be
at each other's throats.
It's there, I think, that most of today's legislators have
failed. Perhaps because of the changes in technology, they've
forgotten or neglected a duty, as leaders, to teach their
constituents about the possibilities and the impossibilities of
government. In many places, what should be an exalted word -
compromise - has become a dirty word. Too many politicians play
to the gallery and talk about seeking victory rather than
accommodation. They may not quite mean what they say but they
always have listeners who believe. The result is a dissemination
of anger, hate, distrust and suspicion, and ultimately a lack of
comprehension that in fact, in the end, we all want and are
seeking the same goals.
Thank you and good luck.
On motion by Siegrist of Pottawattamie, the joint convention was
dissolved at 2:45 p.m.
The House stood at ease at 2:46 p.m., until the fall of the
gavel.
The House resumed session and consideration of House File 698,
at 3:05 p.m., Speaker Corbett in the chair.
Speaker pro tempore Van Maanen of Marion in the chair at 3:08
p.m.
Doderer of Johnson offered the following amendment H-1470 filed
by her and moved its adoption:
H-1470
1 Amend House File 698 as follows:
2 1. By striking page 2, line 21, through page 3,
3 line 22.
4 2. By striking page 17, line 11, through page 18,
5 line 12.
6 3. By renumbering as necessary.
Amendment H-1470 was adopted.
Boddicker of Cedar offered amendment H-1487 filed by him and
Murphy of Dubuque and requested division as follows:
H-1487
1 Amend House File 698 as follows:
H-1487A
2 1. By striking page 2, line 21 through page 3,
3 line 22.
H-1487B
4 2. By striking page 3, line 31 through page 4,
5 line 2 and inserting the following:
6 "2. If the alleged child abuse meets the
7 definition of child abuse under section 232.68,
8 subsection 2, paragraph "a" or "d", and the department
9 determines the injury or risk of harm to the child was
10 minor and isolated and is unlikely to reoccur, the
11 names of the child and the alleged perpetrator of the
12 child abuse shall not be placed in the central
13 registry as a case of founded child abuse.
14 3. Except as otherwise provided in section 232.68,
15 subsection 2, paragraph "d", regarding parents
16 legitimately practicing religious beliefs, the names
17 of the child and the alleged perpetrator shall be
18 placed in the central registry as a case of founded
19 child abuse under any of the following circumstances:"
20 3. Page 4, line 5, by inserting after the word
21 "perpetrator" the following: "or a criminal or
22 juvenile court action was initiated by the county
23 attorney or juvenile court within twelve months of the
24 date of the department's report concerning the case,
25 in which the alleged perpetrator was convicted of a
26 crime involving the child or there was a delinquency
27 or child in need of assistance adjudication".
28 4. Page 4, by striking lines 6 through 9 and
29 inserting the following:
30 "b. The department determines the acts or
31 omissions of the alleged perpetrator meet the
32 definition of child abuse under section 232.68,
33 subsection 2, paragraph "a", involving nonaccidental
34 physical injury suffered by the child and the injury
35 was not minor, isolated, and unlikely to reoccur."
36 5. Page 4, by striking lines 10 through 13 and
37 inserting the following:
38 "c. The department determines the acts or
39 omissions of the alleged perpetrator meet the
40 definition of child abuse and the department has
41 previously determined within the twelve-month period
42 preceding the issuance of the department's report that
43 the acts or omissions of the alleged perpetrator in
44 another case met the definition of child abuse."
45 6. Page 4, line 31, by inserting after the word
46 "welfare" the following: ", and any injury to the
47 child or risk to the child's health and welfare was
48 not minor, isolated, and unlikely to reoccur,".
49 7. Page 5, by striking lines 13 through 15 and
50 inserting the following:
Page 2
1 " . i. The alleged abuse took place in any of
2 the following licensed, registered, unregistered, or
3 regulated facilities or services:
4 (1) Substance abuse program licensed under chapter
5 125.
6 (2) Hospital licensed under chapter 135B.
7 (3) Health care facility or residential care
8 facility licensed under chapter 135C.
9 (4) Psychiatric medical institution licensed under
10 chapter 135H.
11 (5) Medical assistance home and community-based
12 waiver for persons with mental retardation residential
13 program regulated by the department.
14 (6) An institution controlled by the department
15 and enumerated in section 218.1.
16 (7) Mental health center, juvenile shelter care
17 facility, or juvenile detention facility.
18 (8) Child foster care licensee under chapter 237.
19 (9) Child day care provider under chapter 237A.
20 (10) Public or private school which provides
21 overnight care."
22 8. Page 14, line 35, by inserting after the word
23 "registry." the following: "The time period used by
24 the department for retaining child abuse information
25 which is expunged from the central registry under this
26 subsection shall credit the amount of time the child
27 abuse information has been on the central registry and
28 after applying the credit, the information shall not
29 be retained by the department any longer than the time
30 period for information which is not placed on the
31 central registry."
32 9. Page 15, by striking line 8 and inserting the
33 following: "performing a record check evaluation
34 under law or administrative rule."
35 10. Page 17, by inserting after line 8 the
36 following:
37 "Sec. ___. MINOR INJURY CRITERIA. The department
38 of human services shall convene a group of child abuse
39 experts to develop uniform criteria for identifying
40 what constitutes a minor physical injury and the
41 circumstances in which a minor injury does not cause
42 concern about the safety or risk of harm to a child.
43 The group shall present recommended criteria and other
44 recommendations to the governor and the general
45 assembly on or before November 1, 1997."
H-1487A
46 11. By striking page 17, line 11 through page 18,
47 line 12.
H-1487B
48 12. By renumbering as necessary.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-1487A.
Brand of Tama offered the following amendment H-1499, to
amendment H-1487B, filed by Brand, et al., and moved its
adoption:
H-1499
1 Amend the amendment, H-1487, to House File 698 as
2 follows:
3 1. Page 1, line 41, by striking the word "twelve-
4 month" and inserting the following: "eighteen-month".
5 2. Page 2, line 42, by inserting after the word
6 "child." the following: "The group shall include but
7 is not limited to members of the child death review
8 team."
Amendment H-1499, to amendment H-1487B, was adopted.
Boddicker of Cedar moved the adoption of amendment H-1487B, as
amended.
Amendment H-1487B, as amended, was adopted.
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. 698)
The ayes were, 86:
Arnold Barry Bell Blodgett Boddicker
Boggess Bradley Brand Brauns
Brunkhorst Carroll Cataldo Chiodo
Churchill Cohoon Connors Corbett, Spkr.
Cormack Dinkla Dix
Dolecheck Drake Drees Eddie Falck
Fallon Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson
Shoultz Siegrist Sukup Teig Thomas
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Van Maanen,
Presiding
The nays were, 14:
Bernau Bukta Burnett Chapman
Doderer Dotzler Foege Jochum
Kinzer Mascher Myers Scherrman
Schrader Taylor
Absent or not voting, none.
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 698 be immediately messaged to the Senate.
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 April 2, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 466, a bill for an act relating to the theft of
video rental property and making penalties applicable.
Also: That the Senate has on April 2, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 495, a bill for an act prohibiting gambling
licensees from allowing the loaning of money by credit card or
other electronic means for gambling purposes.
Also: That the Senate has on April 2, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 515, a bill for an act relating to juvenile justice
and youthful offenders, by making changes in provisions relating
to illegal purchase or possession of alcohol by juveniles and
youthful offenders, making changes relating to dramshop
liability, providing for notification of possession of alcohol
by persons under legal age, providing for the taking of
fingerprints and photographs of certain juveniles, permitting
victims to make oral victim impact statements in juvenile
proceedings, making changes related to the supplying of alcohol
to persons under the age of twenty-one, providing for sharing of
information regarding delinquent juveniles and juveniles under
the jurisdiction of various social services agencies, providing
for shared jurisdiction between the adult and juvenile courts
over youthful offenders, changing the criteria for placement in
the state training school or other facility, making changes
relating to state reimbursement for expenses of court-appointed
attorneys in juvenile court, permitting the release of
information relating to juveniles who have escaped from a
detention facility, providing for notification of juvenile court
authorities of unexcused absences or suspensions or expulsions
of students who are on probation, providing for establishment of
statewide peer review courts for youthful offenders, providing
for bailiff and other law enforcement assistance to associate
juvenile judges, including arrest or disposition or custody or
adjudication data in criminal history data kept by the
department of public safety, authorizing school officials to
report possession or use of alcohol or controlled substances to
law enforcement authorities.
Also: That the Senate has on April 2, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 522, a bill for an act relating to legal settlement
regarding providers of treatment or services.
MARY PAT GUNDERSON, Secretary
House File 702, a bill for an act relating to human services and
facility requirements involving the single entry point process
for mental health and developmental disabilities services,
regional planning councils, human services institution employee
record checks,
decategorization of adult disability services funding, and the
operating requirements of an intermediate care facility for
persons with mental retardation, was taken up for consideration.
Houser of Pottawattamie offered the following amendment H-1521
filed by him and moved its adoption:
H-1521
1 Amend House File 702 as follows:
2 1. Page 4, line 1, by striking the words "the
3 clerk" and inserting the following: "the clerk".
4 2. Page 4, line 22, by striking the figure
5 "225.7" and inserting the following: "225C.7".
6 3. By striking page 6, line 22 through page 8,
7 line 4 and inserting the following:
8 "Sec. ___. DECATEGORIZATION PLANNING
9 1. Upon the request of at least one and not more
10 than three counties, the department of human services
11 and the division of vocational rehabilitation of the
12 department of education shall assign representatives
13 who are knowledgeable of their agency's funding
14 streams, to participate in a planning process
15 conducted by the county. The purpose of the planning
16 process shall be to determine the feasibility of
17 decategorizing the following county, state, and state-
18 federal funding categories:"
19 4. By striking page 8, line 23 through page 9,
20 line 29 and inserting the following:
21 "2. As part of the planning process, the
22 department of human services and the division of
23 vocational rehabilitation shall make available
24 historical expenditure information, budget
25 projections, and other available data relating to
26 persons with disabilities served in a county
27 participating in the planning process."
28 5. Page 10, by striking lines 15 through 30 and
29 inserting the following:
30 "Sec. ___. Section 135C.6, subsection 8, Code
31 1997, is amended by adding the following new
32 paragraph:
33 NEW PARAGRAPH. c. A total of twenty residential
34 care facilities for persons with mental retardation
35 which are licensed to serve no more than five
36 individuals may be authorized by the department of
37 human services to convert to operation as a
38 residential program under the provisions of a medical
39 assistance home and community-based services waiver
40 for persons with mental retardation. A converted
41 residential program is subject to the conditions
42 stated in paragraph "b" except that the program shall
43 not serve more than five individuals. The department
44 of human services shall allocate conversion
45 authorizations to provide for four conversions in each
46 of the department's five service regions. If a
47 conversion authorization allocated to a region is not
48 used for conversion by January 1, 1998, the department
49 of human services may reallocate the unused conversion
50 authorization to another region. The department of
Page 2
1 human services shall study the cost effectiveness of
2 the conversions and provide an initial report to the
3 general assembly no later than January 2, 1998, and a
4 final report no later than December 15, 1998."
5 6. Page 11, by inserting after line 12 the
6 following:
7 "Sec. ___. ENHANCED RESIDENTIAL CARE FACILITY FOR
8 PERSONS WITH MENTAL RETARDATION REIMBURSEMENT RATES.
9 The department of human services shall design a
10 program to provide an enhanced reimbursement rate for
11 individuals transferred from an intermediate care
12 facility for persons with mental retardation to a
13 residential care facility for persons with mental
14 retardation. The enhanced reimbursement rate shall
15 not exceed the nonfederal share of intermediate care
16 facility for persons with mental retardation
17 reimbursement plus state supplementary assistance.
18 The department shall report to the general assembly
19 concerning the program on or before January 1, 1998.
20 The report shall address both the cost impact and
21 decreased utilization of intermediate care facilities
22 for persons with mental retardation level of care
23 which may result from implementation of the program."
24 7. Page 11, by striking lines 26 through 29 and
25 inserting the following: "economy and efficiency. In
26 developing the service cost inflation recommendation,
27 the committee shall consider the cost trends indicated
28 by the expenditure reports submitted by counties
29 pursuant to subsection 1, paragraph "b". The
30 governor".
31 8. Page 12, by striking line 7 and inserting the
32 following: "various types of services. Data".
33 9. Page 12, by striking lines 15 through 23 and
34 inserting the following:
35 "NEW SUBSECTION. 8A. Contingent upon the
36 department of human services receiving federal
37 approval, a residential program which serves not more
38 than eight individuals and is licensed as an
39 intermediate care facility for persons with mental
40 retardation may surrender the facility license and
41 continue to operate under a federally approved medical
42 assistance home and community-based services waiver
43 for persons with mental retardation, if the department
44 of human services has approved a plan submitted by the
45 residential program."
46 10. Page 12, by inserting before line 24 the
47 following:
48 DIVISION ___
49 LEGAL SETTLEMENT
50 Sec. ___. Section 252.16, subsection 8, Code 1997,
Page 3
1 is amended to read as follows:
2 8. A person receiving treatment or support
3 services from any community based provider of, whether
4 organized for pecuniary profit or not or whether
5 supported by charitable or public or private funds,
6 that provides treatment or services for mental
7 retardation, developmental disabilities, mental
8 health, brain injury, or substance abuse does not
9 acquire legal settlement in the host county in which
10 the site of the provider is located unless the person
11 continuously resides in the host that county for one
12 year from the date of the last treatment or support
13 service received by the person."
14 11. Title page, line 5, by inserting after the
15 word "funding," the following: "legal settlement
16 involving community-based providers of treatment or
17 services,".
18 12. By renumbering as necessary.
Amendment H-1521 was adopted.
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. 702)
The ayes were, 100:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage 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, none.
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
HOUSE FILE 329 WITHDRAWN
Houser of Pottawattamie asked and received unanimous consent to
withdraw House File 329 from further consideration by the House.
HOUSE FILE 53 WITHDRAWN
Huser of Polk asked and received unanimous consent to withdraw
House File 53 from further consideration by the House.
House File 637, a bill for an act relating to the general
operation of corporations, partnerships, and associations,
including provisions relating to certain filings made by
corporations and associations, the filing of biennial reports by
certain corporations and cooperative associations, and
establishing fees, was taken up for consideration.
Cataldo of Polk offered the following amendment H-1520 filed by
him and moved its adoption:
H-1520
1 Amend House File 637 as follows:
2 1. Page 3, line 31, by inserting after the word
3 "shares" the following: "or interests".
4 2. Page 3, line 32, by inserting after the word
5 "corporation" the following: "or limited liability
6 company".
7 3. Page 3, line 33, by inserting after the word
8 "corporation" the following: "or limited liability
9 company".
10 4. Page 4, line 2, by inserting after the word
11 "corporation" the following: "or restated articles or
12 amendments to the articles of organization of the
13 surviving limited liability company".
Amendment H-1520 was adopted.
Cataldo of Polk offered the following amendment H-1477 filed by
him and moved its adoption:
H-1477
1 Amend House File 637 as follows:
2 1. Page 4, by inserting after line 3 the
3 following:
4 "Sec. ___. Section 490.1326, subsection 1, Code
5 1997, is amended to read as follows:
6 1. If the corporation does not take the proposed
7 action within sixty one hundred eighty days after the
8 date set for demanding payment and depositing share
9 certificates, the corporation shall return the
10 deposited certificates and release the transfer
11 restrictions imposed on uncertificated shares."
12 2. By renumbering as necessary.
Amendment H-1477 was adopted.
Cataldo 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. 637)
The ayes were, 100:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess
Bradley Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage 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, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 540, a bill for an act relating to personnel
procedures and investment policy requirements for state
government employees, was taken up for consideration.
Jacobs of Polk asked and received unanimous consent to withdraw
amendment H-1476 filed by her on March 31, 1997.
Jacobs 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. 540)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Brand Brauns
Brunkhorst Bukta Burnett 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:
Bradley Carroll 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 702, 637 and 540.
House File 678, a bill for an act relating to the recording of
trials before a magistrate, was taken up for consideration.
Kreiman of Davis 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. 678)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Connors Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn 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
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, 4:
Bradley Hansen Shoultz Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 339 WITHDRAWN
Kreiman of Davis asked and received unanimous consent to
withdraw House File 339 from further consideration by the House.
House File 662, 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, was taken up for
consideration.
Millage of Scott offered the following amendment H-1478 filed by
him and moved its adoption:
H-1478
1 Amend House File 662, as follows:
2 1. Page 1, line 26, by striking the word "two"
3 and inserting the following: "three".
4 2. Page 1, line 32, by striking the word "two"
5 and inserting the following: "three".
6 3. Page 2, line 13, by striking the word "two"
7 and inserting the following: "three".
8 4. Page 2, line 24, by striking the word "two"
9 and inserting the following: "three".
10 5. Page 2, line 29, by striking the word "two"
11 and inserting the following: "three".
12 6. By striking page 2, line 31, through page 3,
13 line 11.
14 7. Page 3, line 24, by striking the word "two"
15 and inserting the following: "three".
16 8. Page 4, line 4, by striking the word "two" and
17 inserting the following: "three".
18 9. By striking page 4, line 30, through page 5,
19 line 2, and inserting the following: "and necessary
20 briefs in behalf of the defendant. However, the
21 reasonable compensation awarded an attorney shall not
22 be calculated based upon an hourly rate that exceeds
23 the rate a contract attorney as provided in section
24 13B.4 would receive in a similar case fifty-five
25 dollars per hour, unless the offense charged is a
26 class "A" or class "B" felony, in which case the
27 hourly rate shall not exceed sixty dollars per hour.
28 Determination of the expense associated".
29 10. By striking page 6, line 22, through page 7,
30 line 10, and inserting the following:
31 "2. a. A determination of the indigent status of
32 a person shall be made on the basis of an affidavit of
33 financial status submitted to the clerk of court at or
34 immediately after the person's initial appearance
35 before a court. If a person is granted legal
36 assistance as an indigent or partial indigent, the
37 affidavit of financial statement status shall be filed
38 and permanently retained in the person's court file.
39 The state public defender shall adopt rules
40 prescribing the form and content of the affidavit of
41 financial statement status and the criteria by which a
42 determination of indigency shall be based. The
43 affidavit of financial statement status shall contain
44 sufficient information to allow the determination to
45 be made of whether the person meets the guidelines set
46 out in subsection 1 and, taking into consideration all
47 assets. The affidavit of financial status shall be
48 accompanied by the person's most recent pay slip and
49 the name and address of the person's employer, if the
50 person is employed.
Page 2
1 b. Each person seeking legal assistance under this
2 section shall pay a nonrefundable application fee of
3 thirty dollars to the clerk of the district court at
4 the time of the filing of the affidavit of financial
5 status. If the person is incarcerated, however, the
6 application fee may be paid no later than five days
7 after the date on which the application is filed. If
8 the person remains in custody or if, based upon the
9 affidavit of financial status, the court determines
10 that the person does not have the financial resources
11 to pay the fee, the court may reduce the application
12 fee to ten dollars, waive the fee, or assess the fee
13 upon disposition of the case.
14 c. Upon receipt of the affidavit of financial
15 status, the clerk shall review the information and
16 make an initial determination of whether the person
17 seeking legal assistance is indigent. If the person
18 meets the indigency standards established under
19 subsection 1, the clerk shall prepare an order
20 appointing counsel for the court's review and
21 approval. If the person does not meet the indigency
22 standards established in subsection 1, but may be
23 deemed partially indigent under the partial indigency
24 standards under subsection 1, the clerk shall forward
25 the affidavit of financial status to the court, which
26 shall make a determination of the person's indigency
27 status.
28 d. Before legal assistance is granted, the clerk
29 or the court shall inform the person of the obligation
30 regarding payment of the expenses associated with the
31 granting of legal assistance. Before legal assistance
32 is granted, the clerk or the court shall verify that
33 the application fee has been paid to the clerk or has
34 been waived by the court. If the court determines
35 that the application fee should be assessed upon
36 disposition of the case, the order appointing counsel
37 shall reflect that determination."
38 11. Page 8, by inserting after line 32, the
39 following:
40 "Sec. ___. NEW SECTION. 815.11A REPORT TO
41 GENERAL ASSEMBLY.
42 Each month the clerk of the district court in each
43 county shall forward a report to the supreme court
44 administrator detailing the amount of moneys and
45 numbers of cases for which the legal assistance
46 application fee has been collected. By February 1,
47 1998, and annually thereafter by the date on which the
48 general assembly convenes, the state court
49 administrator shall compile and submit a report to the
50 general assembly which contains the fee collection
Page 3
1 information."
2 12. By numbering and renumbering as necessary.
Speaker Corbett in the chair at 4:50 p.m.
Amendment H-1478 was adopted, placing amendment H-1298 out of
order.
Under the provision of Rule 76, conflict of interest, Kreiman
of Davis refrained from voting.
Millage 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. 662)
The ayes were, 81:
Arnold Barry Bell Bernau
Blodgett Boggess Bradley Brand Brauns
Brunkhorst Bukta Burnett Cataldo
Chiodo Cohoon Connors
Cormack Dinkla Doderer Dolecheck
Dotzler Drake Drees Eddie
Foege Frevert Gipp Greig
Gries Grundberg Hahn Hansen
Heaton Holveck Huseman Huser
Jacobs Jochum Kinzer Koenigs
Kremer Lamberti Larkin Larson Martin
Mascher May Mertz Metcalf
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
Veenstra Warnstadt Weidman Weigel
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, 15:
Boddicker Carroll Churchill Dix
Falck Fallon Ford Garman
Greiner Holmes Jenkins Klemme
Meyer Vande Hoef Welter
Absent or not voting, 4:
Chapman Houser Kreiman Lord
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 678 and 662.
House File 616, a bill for an act relating to instruments filed
or recorded with the county recorder, was taken up for
consideration.
Dix of Butler moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 616)
The ayes were, 98:
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 Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus 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, 1:
Rants
Absent or not voting, 1:
Lord
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE MESSAGES CONSIDERED
Senate File 466, by committee on judiciary, a bill for an act
relating to the theft of video rental property and making
penalties applicable.
Read first time and referred to committee on judiciary.
Senate File 495, by committee on judiciary, a bill for an act
prohibiting gambling licensees from allowing the loaning of
money by credit card or other electronic means for gambling
purposes.
Read first time and referred to committee on state government.
Senate File 515, by committee on judiciary, a bill for an act
relating to juvenile justice and youthful offenders, by making
changes in provisions relating to illegal purchase or possession
of alcohol by juveniles and youthful offenders, making changes
relating to dramshop liability, providing for notification of
possession of alcohol by persons
under legal age, providing for the taking of fingerprints and
photographs of certain juveniles, permitting victims to make
oral victim impact statements in juvenile proceedings, making
changes related to the supplying of alcohol to persons under the
age of twenty-one, providing for sharing of information
regarding delinquent juveniles and juveniles under the
jurisdiction of various social services agencies, providing for
shared jurisdiction between the adult and juvenile courts over
youthful offenders, changing the criteria for placement in the
state training school or other facility, making changes relating
to state reimbursement for expenses of court-appointed attorneys
in juvenile court, permitting the release of information
relating to juveniles who have escaped from a detention
facility, providing for notification of juvenile court
authorities of unexcused absences or suspensions or expulsions
of students who are on probation, providing for establishment of
statewide peer review courts for youthful offenders, providing
for bailiff and other law enforcement assistance to associate
juvenile judges, including arrest or disposition or custody or
adjudication data in criminal history data kept by the
department of public safety, authorizing school officials to
report possession or use of alcohol or controlled substances to
law enforcement authorities.
Read first time and referred to committee on judiciary.
Senate File 522, by committee on human resources, a bill for an
act relating to legal settlement regarding providers of
treatment or services.
Read first time and referred to committee on human resources.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 616 be immediately messaged to the Senate.
EXPLANATION OF VOTES
I was necessarily absent from the House chamber on April 2,
1997. Had I been present, I would have voted "aye" on House File
492. Also, on House File 662 I inadvertently voted "nay" when I
meant to vote "aye."
FORD of Polk
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Twenty-six American Government students from Waco High School,
Wayland, accompanied by Mr. Satre. By Heaton of Henry.
Six girls from Bloomfield Assembly #32, International Order of
Rainbow for Girls in Iowa, Bloomfield, accompanied by Carolyn
Weilbrennen and Willa Mathews. By Kreiman of Davis.
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\351 Mae and Jack Robinson, Lime Springs - For celebrating
their 50th wedding anniversary.
1997\352 Edna and Paul Herzberg, Clarinda - For celebrating
their 68th wedding anniversary.
1997\353 Jamie Armstrong, Essex - For being named to the Girls
All-State Basketball Team.
1997\354 Lindsay Brown, Lenox - For being named to the Girls
All-State Basketball Team.
SUBCOMMITTEE ASSIGNMENTS
Senate File 79
State Government: Tyrrell, Chair; Chiodo and Gipp.
Senate File 359
State Government: Drake, Chair; Larkin and Van Fossen.
Senate File 459
Human Resources: Carroll, Chair; Barry and Burnett.
Senate File 460
State Government: Martin, Chair; Larkin and Van Fossen.
Senate File 501
Labor and Industrial Relations: Holmes, Chair; Dotzler and
Veenstra.
Senate File 516
Human Resources: Boddicker, Chair; Brand and Carroll.
Senate File 526
Human Resources: Carroll, Chair; Ford and Lord.
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 21, a bill for an act eliminating the requirement
that a nonperpetual care cemetery post a sign indicating the
cemetery is a nonperpetual care cemetery.
Fiscal Note is not required.
Recommended Do Pass April 1, 1997.
COMMITTEE ON LOCAL GOVERNMENT
Senate File 193, a bill for an act relating to the election of
trustees for special land use districts.
Fiscal Note is not required.
Recommended Do Pass April 2, 1997.
Senate File 232, a bill for an act relating to notarial acts and
providing an effective date.
Fiscal Note is not required.
Recommended Do Pass April 2, 1997.
Senate File 432, a bill for an act relating to the disposition
of private property condemned under eminent domain.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1536 April 2,
1997.
COMMITTEE ON TRANSPORTATION
Senate File 132, 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.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1539 April 1,
1997.
Senate File 229, a bill for an act relating to the issuance of
motor vehicle licenses for certain law enforcement officers and
providing penalties, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1538 April 1,
1997.
Senate File 420, a bill for an act relating to the information
to be displayed on motor vehicle licenses and nonoperator
identification cards.
Fiscal Note is not required.
Recommended Do Pass April 1, 1997.
RESOLUTION FILED
HCR 21, by Fallon, Vande Hoef, Connors, Boddicker, Myers,
Welter, Witt, Carroll, Schrader, Grundberg, Burnett, and
Mascher, a concurrent resolution establishing a special
commission to study and make recommendations concerning urban
planning, growth management of cities, and protection of
farmland.
Laid over under Rule 25.
AMENDMENTS FILED
H_1526 H.F. 634 Martin of Scott
H_1527 H.F. 706 Weigel of Chickasaw
H_1528 H.F. 706 Fallon of Polk
H_1529 H.F. 706 Fallon of Polk
H_1530 H.F. 708 Barry of Harrison
Drake of Pottawattamie Houser of Pottawattamie
Klemme of Plymouth Greig of Emmet
Gries of Crawford Weidman of Cass
Hansen of Pottawattamie Eddie of Buena Vista
Dix of Butler Mertz of Kossuth
Hahn of Muscatine Mundie of Webster
Meyer of Sac Greiner of Washington
Larson of Linn Thomas of Clayton
Siegrist of Pottawatamie
H_1531 H.F. 710 Myers of Johnson
Mertz of Kossuth Mundie of Webster
Larkin of Lee Reynolds-Knight of Van Buren
Dotzler of Black Hawk
H_1532 S.F. 429 Blodgett of Cerro Gordo
H_1533 S.F. 429 Blodgett of Cerro Gordo
Brunkhorst of Bremer
H_1534 S.F. 429 Blodgett of Cerro Gordo
H_1535 H.F. 710 Kreiman of Davis
H_1536 S.F. 432 Committee on
Local Government
H_1537 S.F. 132 Carroll of Poweshiek
H_1538 S.F. 229 Committee on Transportation
H_1539 S.F. 132 Committee on Transportation
H_1540 H.F. 708 Heaton of Henry
H_1541 H.F. 13 Houser of Pottawattamie
H_1542 S.F. 79 Cormack of Webster
H_1543 H.F. 708 Garman of Story
H_1544 S.F. 193 Dix of Butler
H_1545 H.F. 710 Nelson of Marshall
H_1546 H.F. 708 Koenigs of Mitchell
H_1547 H.F. 710 Brand of Tama
Nelson of Marshall
On motion by Siegrist of Pottawattamie, the House adjourned at
5:26 p.m., until 8:45 a.m., April 3, 1997.
MEMORIAL SERVICE
Seventy-Seventh General Assembly
Wednesday, April , 2, 1997
7:00 P.M.
Program
Representative Richard Vande Hoef, Presiding
Prelude Harpist, Kristin Fallon
"Surely the Presence of the Lord is in This Place" Lanny
Wolfe Memorial Session Choir, accompanied by Senator Mary Kramer
on piano
Invocation Representative Richard Vande Hoef
"Jesus Medley" Rick Powell
Memorial Session Choir, accompanied by Senator Mary Kramer on
piano
Memorials - House
Reading: Representatives Russell Teig, Steve Warnstadt and
Dick Weidman
Memorials - Senate
Reading: Senators William Fink, Johnie Hammond and Kay Hedge
Memorials - House
Reading: Representatives Robert Osterhaus, Donna Barry and
Bob Brunkhorst
Keyboard Solo Representative Dan Boddicker
Memorials - House
Reading: Representatives David Heaton, and James Hahn
Memorials - House and Senate
Reading: Senator Tom Vilsack
Reading: Senator Larry McKibben
Memorials - House
Reading: Representatives Norman Mundie and Marcie Frevert
Memorials - Senate
Reading: Senators Richard Drake and Gene Maddox
Memorials - House
Reading: Representatives Harold Van Maanen and Richard Arnold
"Heaven Medley" Rick Powell
Memorial Session Choir, accompanied by Senator Mary Kramer on
piano
IN MEMORIAM
SERVED IN THE HOUSE OF REPRESENTATIVES AND SENATE
Honorable John L. Mowry (Marshall County): House - 57th, 58th,
59th, 60th, 60thX (1957-1964), and 62nd (1967-1968) Senate -
63rd and, 64th (1963-1972)
Honorable Richard L. Stephens (Washington County) House - 57th,
58th, and 59th (1957-1962) Senate 60th, 60thX, 61st, 62nd, 63rd,
and 64th (1963-1972)
SERVED IN THE HOUSE OF REPRESENTATIVES
Honorable Edward E. Busing (Hamilton County): 61st (1965-1966)
Honorable Gerald Cornelius (Jackson County): 76th (1995-1996)
Honorable Frank Crabb (Crawford County): 63rd, 64th, 65th, 66th,
67th, 67thX, 68th, 69th, 69thX, and 69thXX (1969-1982)
Honorable Fred "Lee" Gallup (Jefferson County): 53rd, 54th, and
55th (1949-1954)
Honorable Warren Johnson (Woodbury County): 68th, 69th, 69thX,
and 69thXX (1979-1982)
Honorable Luvern W. Kehe (Bremer County): 63rd and 64th
(1969-1972)
Honorable Ruhl Maulsby (Calhoun County): 68th, 69th, 69thX,
69thXX, 70th, 71st, 72nd, 72ndX, 72ndXX, and 73rd (1979-1992)
Honorable Wendell C. Pellett (Cass County): 64th, 65th, 66th,
67th, 67thX, 68th, 69th, 69thX, 69thXX, 70th, 71st, 72nd, 72ndX,
72ndXX, and 73rd (1971-1990)
Honorable Neal Pierce (Lucas County): 57th, 58th and 59th
(1957-1962)
Honorable Bill Salton (Palo Alto County): 76th (1995-1996)
Honorable Clarence F. Schmarje (Muscatine County): 62nd
(1969-1970)
Honorable Hugo Schnekloth (Scott County): 67, 67thX, 68th, 69th,
69thX, 69thXX, 70th, 71st, 72nd, 72ndX, 72ndXX, and 73rd
(1977-1990)
Honorable Tom Dougherty (Monroe County): 60thX, 61st, 63rd and
64th (1964-1966 and 1969-1972)
SERVED IN THE SENATE
Honorable Charles O. Laverty (Warren County): 63rd, and 64th
(1969-1972)
Honorable Daryl H. Nims (Story County): 61st (1965-1966)
Honorable William Plymat, Sr. (Polk County): 65th, and 66th
(1973-1976)
Honorable W. R. Rabedeaux (Muscatine County): 63rd, 64th, 65th,
and 66th (1970-1976)
Honorable Bass Van Gilst (Mahaska County): 61st, 62nd, 63rd,
64th, 65th, 66th, 67th, 67thX, 68th, 69th, 69thX, and 70th
(1965-1984)
************************************
Candlelighters Hosts
Senator Tom Flynn Senator Nancy Boettger
Senator Steve King Senator John Jensen
Senator Matt McCoy Senator John Kibbie
Senator Kitty Rehberg Senator William Palmer
Representative Barry Brauns Representative Richard Vande Hoef
Representative Polly Bukta Representative Dennis Cohoon
Representative John Greig Representative Ralph Klemme
Representative Beverly Nelson Representative Delores Mertz
Senate Memorial Committee House Memorial Committee
Honorable Nancy Boettger, Chair Honorable Richard Vande Hoef,
Chair
Honorable John Jensen Honorable Dennis Cohoon
Honorable John Kibbie Honorable Ralph Klemme
Honorable William Palmer Honorable Delores Mertz
Memorial Session Choir Directed by Harriet Vande Hoef
Flowers Arranged by The Bloomin' Greenery,
Indianola, Iowa
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Index: House Journal (77th General Assembly: Session 1)
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