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Thirtieth Calendar Day - Nineteenth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, February 9, 1999 The House met pursuant to adjournment at 8:48 a.m., Speaker Corbett in the chair. Prayer was offered by Father Paul A. Monahan, pastor of Holy Rosary Church, Glenwood. The Journal of Monday, February 8, 1999 was approved. PETITION FILED The following petition was received and placed on file: By Hahn of Muscatine, from seven constituents of the 48th district favoring Senate File 37, an act relating to the hunting of mourning doves and subjecting violators to a penalty. LEAVE OF ABSENCE Leave of absence was granted as follows: Doderer of Johnson and Mascher of Johnson, until their arrival, on request of Myers of Johnson. INTRODUCTION OF BILLS House File 232, by Doderer, a bill for an act relating to refunds of unexpired vehicle registration fees. Read first time and referred to committee on transportation. House File 233, by Frevert and Brunkhorst, a bill for an act providing for accessibility requirements for church elevators and pro- viding an effective date. Read first time and referred to committee on state government. House File 234, by Jacobs and Huser, a bill for an act limiting the liability of the state and political subdivisions of the state for certain losses caused by the failure of computer software or a device con- taining a computer processor. Read first time and referred to committee on state government. House File 235, by Shoultz, a bill for an act authorizing the juvenile court, when specified conditions are met, to enter an ex parte order to perform a medically relevant test to determine whether an illegal drug is present in a child's body. Read first time and referred to committee on judiciary. House File 236, by Rants, a bill for an act providing a credit to retailers for timely filing state sales tax returns and depositing state sales tax collected. Read first time and referred to committee on ways and means. House File 237, by Kreiman, a bill for an act relating to the recording of trials before a magistrate. Read first time and referred to committee on judiciary. House File 238, by Scherrman, a bill for an act concerning bid submission requirements for state purchases made through competitive bidding. Read first time and referred to committee on state government. House File 239, by Eddie, a bill for an act providing supple- mentary weighting for whole grade sharing agreements between school districts, and providing an effective date. Read first time and referred to committee on education. House File 240, by Kreiman, a bill for an act relating to veterans of the United States armed forces, by changing eligibility for veteran property tax exemptions. Read first time and referred to committee on ways and means. House File 241, by Burnett, Bell, Jochum, Myers, May, Larkin, Chapman, Taylor, O'Brien, Mascher, Richardson, Parmenter, Kuhn, Reynolds, Dotzler, Holveck, Connors, Warnstadt, Witt, Kreiman, Murphy, Whitead, Shoultz, Scherrman, Falck, Bukta, Foege, Chiodo, Mundie, Ford, Stevens, and Osterhaus, a bill for an act relating to third-party payment of health care coverage costs for mental health and substance abuse treatment services. Read first time and referred to committee on commerce and regulation. House File 242, by committee on judiciary, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective dates and for retroactive applicability. Read first time and placed on the calendar. House File 243, by Welter, a bill for an act increasing the speed limit on interstate highways. Read first time and referred to committee on transportation. House File 244, by O'Brien, a bill for an act relating to the deduction under state income taxes of interest on bonds or notes issued for the construction, expansion, or renovation of jails or prisons and including a retroactive applicability date provision. Read first time and referred to committee on ways and means. House File 245, by Scherrman, a bill for an act providing for the identification of swine for purposes of providing payment to sellers by packers and making a penalty applicable. Read first time and referred to committee on agriculture. TEACHER OF THE DAY Representative Carroll of Poweshiek presented to the House Bridget Brandt, teacher of Grinnell-Newburg school. ADOPTION OF HOUSE RESOLUTION 4 Davis of Wapello called up for consideration House Resolution 4, a resolution honoring the Indian Hills Community College Men's Basketball Team and Coach Mike Capaccio, and moved its adoption. The motion prevailed and the resolution was adopted. Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of House Resolutions 5 and 6. ADOPTION OF HOUSE RESOLUTION 5 Cormack of Webster called up for consideration House Resolution 5 as follows and moved its adoption: 1 HOUSE RESOLUTION 5 2 BY COMMITTEE ON ETHICS 3 A Resolution relating to the House code of ethics. 4 Be It Resolved By The House Of Representatives, 5 That the House code of ethics be amended to read as 6 follows: 7 HOUSE CODE OF ETHICS 8 PREAMBLE. Every legislator and legislative 9 employee has a duty to uphold the integrity and honor 10 of the general assembly, to encourage respect for the 11 law and for the general assembly, and to observe the 12 house code of ethics. The members and employees of 13 the house have a responsibility to conduct themselves 14 so as to reflect credit on the general assembly, and 15 to inspire the confidence, respect, and trust of the 16 public. The following rules are adopted pursuant to 17 chapter 68B of the Code, to assist the members and 18 employees in the conduct of their activities: 19 1. DEFINITIONS. The definitions of terms provided 20 in chapter 68B of the Code apply to the use of those 21 terms in these rules. 22 2. ECONOMIC INTEREST OF MEMBER OR EMPLOYEE OF 23 HOUSE. 24 a. Economic or investment opportunity. A member 25 or employee of the house shall not solicit or accept 26 economic or investment opportunity under circumstances 27 where the member or employee knows, or should know, 28 that the opportunity is being afforded with the intent 29 to influence the member's or employee's conduct in the 30 performance of official duties. If a member or Page 2 1 employee of the house learns that an economic or 2 investment opportunity previously accepted was offered 3 with the intent of influencing the member's or 4 employee's conduct in the performance of the official 5 duties, the member or employee shall take steps to 6 divest that member or employee of that investment or 7 economic opportunity, and shall report the matter in 8 writing to the chairperson of the house ethics 9 committee. 10 b. Excessive charges for services, goods, or 11 property interests. A member or employee of the house 12 shall not charge to or accept from a person known to 13 have a legislative interest, a price, fee, 14 compensation, or other consideration for the sale or 15 lease of any property or the furnishing of services 16 which is in excess of that which the member or 17 employee would ordinarily charge another person. 18 c. Use of confidential information. A member or 19 employee of the house, in order to further the 20 member's or employee's own economic interests, or 21 those of any other person, shall not disclose or use 22 confidential information acquired in the course of the 23 member's or employee's official duties. For the 24 purpose of this rule, information disclosed in open 25 session at a public meeting under chapter 21 of the 26 Code and information that is a public record under 27 chapter 22 of the Code is not confidential 28 information. 29 d. Employment. A member or employee of the house 30 shall not accept employment, either directly or Page 3 1 indirectly, from a political action committee. A 2 member of the house shall not act as a paid lobbyist 3 for any organization. However, this paragraph shall 4 not prohibit a member or employee of the house from 5 working for a candidate's committee, a political 6 party's action committee, or a political action 7 committee which does not support or oppose a candidate 8 for public office in this state or a ballot issue in 9 this state and which is not interested in issues 10 before the general assembly. 11 For the purpose of this rule, a political action 12 committee means a committee, but not a candidate's 13 committee, which accepts contributions, makes 14 expenditures, or incurs indebtedness in the aggregate 15 of more than five hundred dollars in any one calendar 16 year for the purpose of supporting or opposing a 17 candidate for public office or a ballot issue or for 18 the purpose of influencing legislative action. 19 e. A member or employee of the house shall not 20 solicit employment on behalf of the member or 21 employee, or on behalf of another legislator or 22 employee, as a lobbyist while the general assembly is 23 in session. 24 f. Certain goods or services. A member or 25 employee of the house shall not solicit or obtain 26 goods or services from another person under 27 circumstances where the member or employee knows or 28 should know that the goods or services are being 29 offered or sold with the intent to influence the 30 member's or employee's conduct in the performance of Page 4 1 official duties. If a member or employee of the house 2 is afforded goods or services by another person at a 3 price that is not available to other members or 4 classes of members of the general public or is 5 afforded goods or services that are not available to 6 other members or classes of members of the general 7 public by another person where the member or employee 8 knows or should know that the other person intends to 9 influence the member's or employee's official conduct, 10 the member or employee shall not take or purchase the 11 goods or services. 12 3. APPEARANCE BEFORE STATE AGENCY. A member or 13 employee of the house may appear before a state agency 14 in any representation case but shall not act as a 15 lobbyist with respect to the passage, defeat, 16 approval, veto, or modification of any legislation, 17 rule, or executive order. Whenever a member or 18 employee of the house appears before a state agency, 19 the member or employee shall carefully avoid all 20 conduct which might in any way lead members of the 21 general public to conclude that the member or employee 22 is using the member's or employee's official position 23 to further the member's or employee's professional 24 success or personal financial interest. 25 4. CONFLICTS OF INTEREST. In order for the 26 general assembly to function effectively, members of 27 the house may be required to vote on bills and 28 participate in committee work which will affect their 29 employment and other areas in which they may have a 30 monetary interest. Action on bills and committee work Page 5 1 which furthers a member's specific employment, 2 specific investment, or other specific interest, as 3 opposed to the interests of the public in general or 4 the interests of a profession, trade, business, or 5 other class of persons, shall be avoided. In making a 6 decision relative to a member's activity on particular 7 bills or in committee work, the following factors 8 should be considered: 9 a. Whether a substantial threat to the member's 10 independence of judgment has been created by the 11 conflict situation. 12 b. The effect of the member's participation on 13 public confidence in the integrity of the general 14 assembly. 15 c. Whether the member's participation is likely to 16 have any significant effect on the disposition of the 17 matter. 18 d. The need for the member's particular 19 contribution, such as special knowledge of the subject 20 matter, to the effective functioning of the general 21 assembly. 22 If a member decides not to participate in committee 23 work or to abstain from voting because of a possible 24 conflict of interest, the member should disclose this 25 fact to the legislative body. The member shall not 26 vote on any question in which the member has an 27 economic interest that is distinguishable from the 28 interests of the general public or a substantial class 29 of persons. 30 5. STATUTORY REQUIREMENTS. Members and employees Page 6 1 of the house shall comply with the requirements 2 contained in chapters 68B (Conflicts of Interest of 3 Public Officers and Employees), 721 (Official 4 Misconduct), and 722 (Bribery and Corruption), and 5 sections 2.18 (Contempt) and 711.4 (Extortion) of the 6 Code. 7 6. CHARGE ACCOUNTS. Members and employees of the 8 house shall not charge any amount or item to a charge 9 account to be paid for by a lobbyist or any client of 10 a lobbyist. 11 7. TRAVEL EXPENSES. A member or employee of the 12 house shall not charge to the state of Iowa amounts 13 for travel and expenses unless the member or employee 14 actually has incurred those mileage and expense costs. 15 Members or employees shall not file the vouchers for 16 weekly mileage reimbursement required by section 2.10, 17 subsection 1 of the Code, unless the travel expense 18 was actually incurred. 19 A member or employee of the house shall not file a 20 claim for per diem compensation for a meeting of an 21 interim study committee or a visitation committee 22 unless the member or employee attended the meeting. 23 However, the speaker may waive this provision and 24 allow a claim to be filed if the member or employee 25 attempted to attend the meeting but was unable to do 26 so because of circumstances beyond the member's or 27 employee's control. 28 8. GIFTS ACCEPTED OR RECEIVED. Members and 29 employees of the house shall comply with the 30 restrictions relating to the receipt or acceptance of Page 7 1 gifts contained in section 68B.22 of the Code. 2 9. HONORARIA RESTRICTIONS. Members and employees 3 of the house shall comply with the restrictions 4 relating to the receipt of honoraria contained in 5 section 68B.23 of the Code. 6 10. DISCLOSURE REQUIRED. Each member of the house 7 and the chief clerk of the house shall file the 8 personal financial disclosure statements required 9 under section 68B.35 of the Code by February 15 of 10 each year for the prior calendar year. 11 11. SEXUAL HARASSMENT. Members and employees of 12 the house shall not engage in conduct which 13 constitutes sexual harassment as defined in section 14 19B.12 of the Code or pursuant to the sexual 15 harassment policy adopted by the house committee on 16 administration and rules. 17 12. COMPLAINTS. 18 a. Filing of complaint. Complaints may be filed 19 by any person believing that a member or employee of 20 the house, a lobbyist, or a client of a lobbyist is 21 guilty of a violation of the house code of ethics, the 22 house rules governing lobbyists, or chapter 68B of the 23 Code. 24 b. Complaints by committee. The ethics committee 25 may initiate a complaint on its own motion. Committee 26 complaints may be initiated by the committee as a 27 result of a committee investigation or as a result of 28 receipt of any complaint or other information that 29 does not meet the requirements of these rules 30 regarding the form of a complaint but that contains Page 8 1 allegations that would form the basis for a valid 2 complaint. 3 c. Form and contents of complaint. A complaint 4 shall be in writing. 5 Complaint forms shall be available from the chief 6 clerk of the house, but a complaint shall not be 7 rejected for failure to use the approved form if it 8 complies with the requirements of these rules. The 9 complaint shall contain a certification made by the 10 complainant, under penalty of perjury, that the facts 11 stated in the complaint are true to the best of the 12 complainant's knowledge. 13 To be valid, a complaint shall allege all of the 14 following: 15 (1) Facts, including the approximate date and 16 location of any event, incident, or transaction that, 17 if true, establish a violation of a provision of 18 chapter 68B of the Code, the house code of ethics, or 19 house rules governing lobbyists for which penalties or 20 other remedies are provided. 21 (2) That the conduct providing the basis for the 22 complaint occurred within three years of the filing of 23 the complaint. 24 (3) That the party charged with a violation is a 25 member or employee of the house, a lobbyist, or a 26 client of a lobbyist. 27 d. Confidentiality of complaint. The filing of 28 the complaint and the contents of the complaint shall 29 be confidential until the time that the committee 30 meets to determine whether the complaint is valid, Page 9 1 unless either the complainant or the party charged in 2 the complaint makes the existence of, or the 3 information contained in, the complaint public. 4 However, if either the complainant or party alleged to 5 have committed the violation requests that the meeting 6 to determine whether the complaint is valid be a 7 closed meeting and the filing of the complaint or the 8 contents of the complaint have not been disclosed, the 9 meeting shall be closed. 10 e. Notice of complaint. Upon receipt of the 11 complaint, the chief clerk of the house shall promptly 12 notify the chairperson and ranking member of the 13 ethics committee that a complaint has been filed and 14 provide both the chairperson and the ranking member 15 with copies of the complaint and any supporting 16 information. Within two working days, the chief clerk 17 shall send notice, either by personal delivery or by 18 certified mail, return receipt requested, to the 19 person or persons alleged to have committed the 20 violation, along with a copy of the complaint and any 21 supporting information. The notice to the accused 22 person shall contain a request that the person submit 23 a written response to the complaint within ten working 24 days of the date that the notice was sent by the chief 25 clerk. At the request of the accused person, the 26 committee may extend the time for the response, not to 27 exceed ten additional calendar days. 28 f. Hearing regarding validity of complaint. The 29 committee chairperson and the ranking member shall 30 review the complaint and supporting information to Page 10 1 determine whether the complaint meets the requirements 2 as to form. If the complaint is deficient as to form, 3 the complaint shall be returned to the complainant 4 with instructions indicating the deficiency unless the 5 committee decides to proceed on its own motion. If 6 the complaint is in writing and contains the 7 appropriate certification, as soon as practicable, the 8 chairperson shall call a meeting of the committee to 9 review the complaint to determine whether the 10 complaint meets the requirements for validity and 11 whether the committee should request that the chief 12 justice of the supreme court appoint an independent 13 special counsel to conduct an investigation to 14 determine whether probable cause exists to believe 15 that a violation of the house code of ethics, house 16 rules governing lobbyists, or chapter 68B of the Code, 17 has occurred. 18 If the committee finds that a complaint does not 19 meet the content requirements for a valid complaint, 20 the committee shall dismiss the complaint and notify 21 both the complainant and the party alleged to have 22 committed the violation of the dismissal and the 23 reasons for dismissal. A dismissal for failure to 24 meet the formal requirements for the filing of a 25 complaint shall be without prejudice and the 26 complainant may refile the complaint at any time 27 within three years of the date that the alleged 28 violation took place. If the dismissal is based upon 29 a failure to allege facts and circumstances necessary 30 for a valid complaint, the dismissal shall be with Page 11 1 prejudice and the party shall not be permitted to file 2 a complaint based upon the same facts and 3 circumstances. 4 g. Request for appointment of independent special 5 counsel. If, after review of the complaint and any 6 response made by the party alleged to have committed 7 the violation, the committee determines that the 8 complaint meets the requirements for form and content, 9 the committee shall request that the chief justice of 10 the supreme court appoint independent special counsel 11 to investigate the matter and determine whether 12 probable cause exists to believe that a violation of 13 chapter 68B of the Code, the house code of ethics, or 14 the house rules governing lobbyists has occurred. 15 h. Receipt of report of independent special 16 counsel. The report from independent special counsel 17 regarding probable cause to proceed on a complaint 18 shall be filed with the chief clerk of the house. 19 Upon receipt of the report of the independent special 20 counsel, the chief clerk shall notify the chairperson 21 of the filing of the report and shall send copies of 22 the report to the members of the ethics committee. As 23 soon as practicable after the filing of the report, 24 the chairperson shall schedule a public meeting for 25 review of the report. The purpose of the public 26 meeting shall be to determine whether the complaint 27 should be dismissed, whether a formal hearing should 28 be held on the complaint, or whether other committee 29 action is appropriate. The complainant and the person 30 alleged to have committed the violation shall be given Page 12 1 notice of the public meeting, shall have the right to 2 be present at the public meeting, and may, at the 3 discretion of the committee, present testimony in 4 support of or against the recommendations contained in 5 the report. 6 If the committee determines that the matter should 7 be dismissed, the committee shall cause an order to be 8 entered dismissing the matter and notice of the 9 dismissal shall be given to the complainant and the 10 party alleged to have committed the violation. If the 11 committee determines that the complaint should be 12 scheduled for formal hearing, the committee shall 13 issue a charging statement which contains the charges 14 and supporting facts that are to be set for formal 15 hearing and notice shall be sent to the complainant 16 and the accused person. 17 The notice shall include a statement of the nature 18 of the charge or charges, a statement of the time and 19 place of hearing, a short and plain statement of the 20 facts asserted, and a statement of the rights of the 21 accused person at the hearing. 22 i. Formal hearing. Formal hearings shall be 23 public and conducted in the manner provided in section 24 68B.31, subsection 8 of the Code. At a formal hearing 25 the accused shall have the right to be present and to 26 be heard in person and by counsel, to cross-examine 27 witnesses, and to present evidence. Members of the 28 committee shall also have the right to question 29 witnesses. 30 Evidence at the formal hearing shall be received in Page 13 1 accordance with rules and procedures applicable to 2 contested cases under chapter 17A of the Code. 3 The committee chairperson, or the vice chairperson 4 or ranking member in the absence of the chairperson, 5 shall preside at the formal hearing and shall rule on 6 the admissibility of any evidence received. The 7 ruling of the chairperson may be overturned by a 8 majority vote of the committee. Independent special 9 counsel shall present the evidence in support of the 10 charge or charges. The burden shall be on the 11 independent special counsel to prove the charge or 12 charges by a preponderance of clear and convincing 13 evidence. Upon completion of the formal hearing, the 14 committee shall adopt written findings of fact and 15 conclusions concerning the merits of the charges and 16 make its report and recommendation to the house. 17 j. Recommendations by the committee. The 18 committee shall recommend to the house that the 19 complaint be dismissed, or that one or more of the 20 following be imposed: 21 (1) That the member or employee of the house or 22 lobbyist or client of a lobbyist be censured or 23 reprimanded, and the recommended appropriate form of 24 censure or reprimand be used. 25 (2) That the member of the house be suspended or 26 expelled from membership in the house and required to 27 forfeit the member's salary for that period, the 28 employee of the house be suspended or dismissed from 29 employment, or that the lobbyist's or lobbyist's 30 client's lobbying privileges be suspended. Page 14 1 13. COMMUNICATIONS WITH ETHICS COMMITTEE. After a 2 complaint has been filed or an investigation has been 3 initiated, a party to the complaint or investigation 4 shall not communicate, or cause another to 5 communicate, as to the merits of the complaint or 6 investigation with a member of the committee, except 7 under the following circumstances: 8 a. During the course of any meetings or other 9 official proceedings of the committee regarding the 10 complaint or investigation. 11 b. In writing, if a copy of the writing is 12 delivered to the adverse party or the designated 13 representative for the adverse party. 14 c. Orally, if adequate prior notice of the 15 communication is given to the adverse party or the 16 designated representative for the adverse party. 17 d. As otherwise authorized by statute, the house 18 code of ethics, house rules governing lobbyists, or 19 vote of the committee. 20 14. PERMANENT RECORD. The chief clerk of the 21 house shall maintain a permanent record of all 22 complaints filed and any corresponding committee 23 action. The permanent record shall be prepared by the 24 ethics committee and shall contain the date the 25 complaint was filed, name and address of the 26 complainant, name and address of the accused person, a 27 brief statement of the charges made, any evidence 28 received by the committee, any transcripts or 29 recordings of committee action, and ultimate 30 disposition of the complaint. The chief clerk shall Page 15 1 keep each complaint confidential until public 2 disclosure is made by the ethics committee. 3 15. MEETING AUTHORIZATION. The house ethics 4 committee is authorized to meet at the discretion of 5 the committee chairperson in order to conduct hearings 6 and other business that properly may come before it. 7 If the committee submits a report seeking house action 8 against a member or employee of the house or lobbyist 9 after the second regular session of a general assembly 10 has adjourned sine die, the report shall be submitted 11 to and considered by the subsequent general assembly. 12 16. ADVISORY OPINIONS. 13 a. Requests for formal opinions. A request for a 14 formal advisory opinion may be filed by any person who 15 is subject to the authority of the ethics committee. 16 The ethics committee may also issue a formal advisory 17 opinion on its own motion, without having previously 18 received a formal request for an opinion, on any issue 19 that is within the jurisdiction of the committee. 20 Requests shall be filed with either the chief clerk of 21 the house or the chairperson of the ethics committee. 22 b. Form and contents of requests. A request for a 23 formal advisory opinion shall be in writing and may 24 pertain to any subject matter that is related to 25 application of the house code of ethics, the house 26 rules governing lobbyists, or chapter 68B of the Code 27 to any person who is subject to the authority of the 28 ethics committee. Requests shall contain one or more 29 specific questions and shall relate either to future 30 conduct or be stated in the hypothetical. A request Page 16 1 for an advisory opinion shall not specifically name 2 any individual or contain any other specific 3 identifying information, unless the request relates to 4 the requester's own conduct. However, any request may 5 contain information which identifies the kind of 6 individual who may be affected by the subject matter 7 of the request. Examples of this latter kind of 8 identifying information may include references to 9 conduct of a category of individuals, such as but not 10 limited to conduct of legislators, legislative staff, 11 or lobbyists. 12 c. Confidentiality of formal requests and 13 opinions. Requests for formal opinions are not 14 confidential and any deliberations of the committee 15 regarding a request for a formal opinion shall be pub- 16 lic. Opinions issued in response to requests for 17 formal opinions are not confidential, shall be in 18 writing, and shall be placed on file in the office of 19 the chief clerk of the house. Persons requesting 20 formal opinions shall personally receive a copy of the 21 written formal opinion that is issued in response to 22 the request. 23 17. PERSONAL FINANCIAL DISCLOSURE FORM. The 24 following form shall be used for disclosure of 25 economic interests under these rules and section 26 68B.35 of the Code: 27 STATEMENT OF ECONOMIC INTERESTS 28 Name:__________________________________________________ 29 (Last) (First) (Middle Initial) 30 Address:_______________________________________________ Page 17 1 (Street Address, Apt.#/P.O. Box) 2 _______________________________________________ 3 (City) (State) (Zip) 4 Phone:(Home)_____/___-_____(Business)_____/___-________ 5 ******************************************************* 6 This form is due each year on or before February 7 15. The reporting period is the most recently 8 completed calendar year. 9 In completing Division III of this form, if your 10 percentage of ownership of an asset is less than 100 11 percent, multiply your percentage of ownership by the 12 total revenue produced to determine if you have 13 reached the $1,000 threshold. 14 Do not report income received by your spouse or 15 other family members. 16 In completing this form, if insufficient space is 17 provided for your answer, you may attach additional 18 information/answers on full-size sheets of paper. 19 Division I. Business, Occupation, Profession. 20 List each business, occupation, or profession in 21 which you are engaged, the nature of the business if 22 not evident, and your position or job title. No 23 income threshold or time requirement applies. 24 Examples: 25 If you are employed by an individual, state the 26 name of the individual employer, the nature of the 27 business, and your position. 28 If you are self-employed and are not incorporated 29 or are not doing business under a particular business 30 name, state that you are self-employed, the nature of Page 18 1 the business, and your position. 2 If you own your own corporation, are employed by a 3 corporation, or are doing business under a particular 4 business name, state the name and nature of the 5 business or corporation and your position. 6 1_____________________________________________________ 7 2_____________________________________________________ 8 3_____________________________________________________ 9 4_____________________________________________________ 10 5_____________________________________________________ 11 6_____________________________________________________ 12 Division II. Commissions from Sales of Goods or 13 Services to Political Subdivisions. 14 This part is to be completed only by Legislators. 15 If you received income in the form of a commission 16 from the sale of goods or services to a political 17 subdivision, state the name of the purchasing 18 political subdivision. The amount of commission 19 earned is not required to be listed. 20 1_____________________________________________________ 21 2_____________________________________________________ 22 3_____________________________________________________ 23 4_____________________________________________________ 24 5_____________________________________________________ 25 6_____________________________________________________ 26 Division III. Sources of Gross Income. 27 In each one of the following categories list each 28 source which produces more than $1,000 in annual gross 29 income, if the revenue produced by the source was 30 subject to federal or state income taxes last year. Page 19 1 List the nature or type of each company, business, 2 financial institution, corporation, partnership, or 3 other entity which produces more than $1,000 of annual 4 gross income. Neither the amount of income produced 5 nor value of the holding is required to be listed in 6 any of the items. 7 A. Securities: State the nature of the business of 8 any company in which you hold stock, bonds, or other 9 pecuniary interests that generate more than $1,000 in 10 annual gross income. Income generated by multiple 11 holdings in a single company are deemed received from 12 a single source. 13 ______________________________________________________ 14 ______________________________________________________ 15 ______________________________________________________ 16 ______________________________________________________ 17 ______________________________________________________ 18 ______________________________________________________ 19 B. Instruments of Financial Institutions: State the 20 types of institutions in which you hold financial 21 instruments, such as certificates of deposit, savings 22 accounts, etc., that produce annual gross income in 23 excess of $1,000, e.g., banks, savings and loans, or 24 credit unions. 25 ______________________________________________________ 26 ______________________________________________________ 27 ______________________________________________________ 28 ______________________________________________________ 29 ______________________________________________________ 30 ______________________________________________________ Page 20 1 C. Trusts: State the nature or type of any trust 2 from which you receive more than $1,000 of gross 3 income annually. 4 ______________________________________________________ 5 ______________________________________________________ 6 ______________________________________________________ 7 ______________________________________________________ 8 ______________________________________________________ 9 ______________________________________________________ 10 D. Real Estate: State the general nature of real 11 estate interests that generate more than $1,000 of 12 gross income annually, e.g., residential leasehold 13 interest or farm leasehold interest. The size or 14 location of the property interest is not required to 15 be listed. 16 ______________________________________________________ 17 ______________________________________________________ 18 ______________________________________________________ 19 ______________________________________________________ 20 ______________________________________________________ 21 ______________________________________________________ 22 E. Retirement Systems: State the name of each 23 pension plan or other corporation or company that pays 24 you more than $1,000 annually in retirement benefits. 25 ______________________________________________________ 26 ______________________________________________________ 27 ______________________________________________________ 28 ______________________________________________________ 29 ______________________________________________________ 30 ______________________________________________________ Page 21 1 F. Other Income Categories Specified in State and 2 Federal Income Tax Regulations. 3 ______________________________________________________ 4 ______________________________________________________ 5 ______________________________________________________ 6 ______________________________________________________ 7 ______________________________________________________ 8 ______________________________________________________ 9 ______________________________________ _____________ 10 (Signature of Filer) (Date) The motion prevailed and the resolution was adopted. ADOPTION OF HOUSE RESOLUTION 6 Cormack of Webster called up for consideration House Resolution 6 as follows and moved its adoption: 1 HOUSE RESOLUTION 6 2 BY COMMITTEE ON ETHICS 3 A Resolution relating to the rules governing lobbyists in the 4 House of Representatives. 5 Be It Resolved By The House Of Representatives, 6 That the house rules governing lobbyists be amended to 7 read as follows: 8 HOUSE RULES GOVERNING LOBBYISTS 9 1. DEFINITIONS OF TERMS. As used in these rules, 10 "client", "gift", "immediate family member", 11 "lobbyist", and "person",andimmediatefamily12members"have the meanings provided in section 68B.2 13 of the Code, except that the terms "lobbyist" and 14 "client" shall only refer to persons who are lobbyists 15 or clients of lobbyists of the house of 16 representatives. Except as otherwise provided, 17 "employee of the house" means a full-time permanent 18 paid employee of the house of representatives. 19 2. REGISTRATION REQUIRED. 20 a. All lobbyists shall, on or before the day their 21 lobbying activity begins, register in the manner 22 provided under section 68B.36 of the Code. Lobbyist 23 registration forms shall be available in the office of 24 the chief clerk of the house. 25 b. In addition each registered lobbyist shall file 26 with the chief clerk of the house a statement of the 27 general subjects of legislation in which the lobbyist 28 is or may be interested, the file number of the bills 29 and resolutions and the bill number of study bills, if 30 known, which will be lobbied, whether the lobbyist Page 2 1 intends to lobby for or against each bill, resolution, 2 or study bill, if known, and on whose behalf the 3 lobbyist is lobbying the bill, resolution, or study 4 bill. 5 Any change in or addition to the information re- 6 quired by this rule shall be registered with the chief 7 clerk of the house within ten days from the time the 8 change or addition is known to the lobbyist. 9 3. CANCELLATION OF REGISTRATION. If a lobbyist's 10 service on behalf of a particular employer, client, or 11 cause is concluded after the lobbyist registers but 12 before the first day of the next legislative session, 13 the lobbyist shall cancel the registration in the 14 manner required under section 68B.36 of the Code. 15 Upon cancellation of registration, a person is 16 prohibited from engaging in any lobbying activity on 17 behalf of that particular employer, client, or cause 18 until reregistering and complying with the 19 requirements of section 68B.36 of the Code. 20 3A. AMENDMENT OF REGISTRATION. If a registered 21 lobbyist represents more than one employer, client, or 22 cause and the lobbyist's servicesisare concluded on 23 behalf of a particular employer, client, or cause 24 after the lobbyist registers but before the first day 25 of the next legislative session, the lobbyist shall 26 file an amendment to the lobbyist's registration 27 indicating which employer, client, or cause is no 28 longer represented by the lobbyist and the date upon 29 which the representation concluded. 30 If a lobbyist is retained by one or more additional Page 3 1 employers, clients, or causes after the lobbyist 2 registers but before the first day of the next 3 legislative session, the lobbyist shall file an 4 amendment to the lobbyist's registration indicating 5 the employer, client, or cause to be added and the 6 date upon which the representation begins. 7 Amendments to a lobbyist's registration regarding 8 changes which occur during the time that the general 9 assembly is in session shall be filed within one 10 working day after the date upon which the change in 11 the lobbyist's representation becomes effective. 12 Amendments regarding changes which occur when the 13 general assembly is not in session shall be filed 14 within ten days after the date upon which the change 15 in the lobbyist's representation becomes effective. 16 4. PUBLIC ACCESS. All information filed by a 17 lobbyist or a client of a lobbyist under chapter 68B 18 of the Code is a public record and open to public 19 inspection at any reasonable time. 20 5. CHARGE ACCOUNTS. Lobbyists and the clients 21 they represent shall not allow members of the house to 22 charge any amounts or items to a charge account to be 23 paid for by those lobbyists or by the clients they 24 represent. 25 6. ACCESS TO HOUSE FLOOR. Lobbyists shall only be 26 permitted on the floor of the house pursuant to rule 27 20 of the rules of the house. 28 7. FEE OR BONUS PROHIBITED. A fee or bonus shall 29 not be paid to any lobbyist with reference to any 30 legislative action that is conditioned wholly or in Page 4 1 part upon the results attained by the lobbyist. 2 8. OFFERS OF ECONOMIC OR INVESTMENT OPPORTUNITY. 3 A lobbyist, employer, or client of a lobbyist shall 4 not offer economic or investment opportunity or 5 promise of employment to any member of the house with 6 intent to influence conduct in the performance of 7 official duties. 8 9. PERSONAL OR FINANCIAL OBLIGATION. A lobbyist 9 shall not do anything with the purpose of placing a 10 member of the house under personal or financial 11 obligation to a lobbyist or a lobbyist's principal or 12 agent. 13 10. ATTEMPTS TO CREATE ADDITIONAL EMPLOYMENT. A 14 lobbyist shall not cause or influence the introduction 15 of any bill or amendment for the purpose of being 16 employed to secure its passage or defeat. 17 11. CAMPAIGN SUPPORT. A lobbyist shall not 18 influence or attempt to influence a member's actions 19 by the promise of financial support for the member's 20 candidacy or threat of financial support for an 21 opposition candidate. A lobbyist shall not make a 22 campaign contribution to a member or to a member's 23 candidate's committee during the time that the general 24 assembly is in session. 25 12. COMMUNICATION WITH MEMBER'S EMPLOYER 26 PROHIBITED. A lobbyist shall not communicate with a 27 member's employer for the purpose of influencing a 28 vote of the member. 29 13. EXCESS PAYMENTS. A lobbyist shall not pay or 30 agree to pay to a member a price, fee, compensation, Page 5 1 or other consideration for the sale or lease of any 2 property or the furnishing of services which is 3 substantially in excess of that which other persons in 4 the same business or profession would charge in the 5 ordinary course of business. 6 14. PROHIBITION AGAINST GIFTS. A lobbyist or 7 client of a lobbyist shall not, directly or 8 indirectly, offer or make a gift or series of gifts to 9 any member or full-time permanent employee of the 10 house or the immediate family members of a member or 11 full-time permanent employee of the house except as 12 otherwise provided in section 68B.22 of the Code. A 13 lobbyist or client of a lobbyist who intends or plans 14 to give a nonmonetary item, other than food or drink 15 consumed in the presence of the donor, which does not 16 have a readily ascertainable value, to a member or 17 full-time permanent employee of the house, prior to 18 giving or sending the item to the member or employee, 19 shall seek approval of the item from the chief clerk 20 of the house. A lobbyist or client of a lobbyist who 21 seeks approval of an item from the chief clerk shall 22 submit the item and evidence of the value of the item 23 at the time that approval is requested. 24 A lobbyist shall inform each of the lobbyist's 25 clients of the requirements of section 68B.22 of the 26 Code and of the responsibility to seek approval prior 27 to giving or sending a nonmonetary item which does not 28 have a readily ascertainable value to a member or a 29 full-time permanent employee of the house. 30 15. FINANCIAL TRANSACTIONS. A lobbyist shall not, Page 6 1 directly or indirectly, make a loan to a member of the 2 house or to an employee of the house. 3 A loan prohibited under this section does not 4 include a loan made in the ordinary course of business 5 of a lobbyist if the primary business of the lobbyist 6 is something other than lobbying, if consideration of 7 equal or greater value is received by the lobbyist, 8 and if fair market value is given or received for the 9 benefit conferred. 10 16. HONORARIA - RESTRICTIONS. A lobbyist or 11 client of a lobbyist shall not pay an honorarium to a 12 member or employee of the house for a speaking 13 engagement or other formal public appearance in the 14 official capacity of the member or employee except as 15 otherwise provided in section 68B.23 of the Code. 16 17. COMPLAINTS. The procedures for complaints and 17 enforcement of these rules shall be the same as those 18 provided in the house code of ethics. 19 18. PROCEDURES AND FORMS. The chief clerk of the 20 house, subject to the approval of the house ethics 21 committee, shall prescribe procedures for compliance 22 with these rules, and shall prepare forms for the 23 filing of complaints and make them available to any 24 person. The motion prevailed and the resolution was adopted. CONSIDERATION OF BILL Regular Calendar House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, 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. 172) The ayes were, 94: Alons Arnold Barry Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 6: Baudler Connors Doderer Ford Houser Mascher 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 172 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 9:10 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:03 p.m., Speaker Corbett in the chair. INTRODUCTION OF BILLS House File 246, by Larson, a bill for an act defining certain acts as fraudulent and making penalties applicable. Read first time and referred to committee on judiciary. House File 247, by Witt, a bill for an act relating to the use of certain property owned by the department of transportation for green space purposes. Read first time and referred to committee on environmental protection. House File 248, by Doderer and Jochum, a bill for an act pro- viding a sales and use tax exemption for hospices. Read first time and referred to committee on ways and means. House File 249, by Arnold, a bill for an act relating to the hunting area for persons with free deer and wild turkey hunting licenses. Read first time and referred to committee on natural resources. House File 250, by Larkin, Burnett, Huser, Dotzler, May, Mertz, O'Brien, and Jager, a bill for an act relating to county sheriffs' patrol vehicles. Read first time and referred to committee on transportation. House File 251, by Larkin, a bill for an act relating to eligibility for United States armed forces retired special motor vehicle license plates. Read first time and referred to committee on transportation. House File 252, by Shoultz, Jochum, Osterhaus, Richardson, and Frevert, a bill for an act eliminating the deduction for federal income taxes paid and decreasing the tax rates under the individual income tax and including a retroactive applicability date provision. Read first time and referred to committee on ways and means. House File 253, by Jacobs, a bill for an act relating to the preservation of records held by financial institutions. Read first time and referred to committee on commerce and regulation. SPECIAL PRESENTATION Myers of Johnson introduced to the House, football coach Hayden Fry of the University of Iowa. The House rose and expressed its welcome. ADOPTION OF HOUSE RESOLUTION 7 Millage of Scott asked and received unanimous consent for the immediate consideration of House Resolution 7, a resolution honoring University of Iowa Football Coach Hayden Fry. Siegrist of Pottawattamie moved the adoption of House Resolution 7. The motion prevailed and the resolution was adopted. APPOINTMENTS The following individuals are appointed to the Legislative Council and Committees of the Council: 1999-2000 LEGISLATIVE COUNCIL (Chapter 2.41, Code of Iowa) Representative Ron Corbett Representative Christopher Rants Representative Brent Siegrist Representative David Schrader Representative David Millage Representative Pat Murphy Representative Chuck Gipp Representative Libby Jacobs Representative Betty Grundberg Representative Pam Jochum Representative John Connors Representative Dolores Mertz ADMINISTRATIVE COMMITTEE Representative Libby Jacobs Representative Ron Corbett Representative Pam Jochum CAPITAL PROJECTS Representative David Millage Representative Chuck Gipp Representative Betty Grundberg Representative Pam Jochum Representative Pat Murphy FISCAL COMMITTEE Representative David Millage Representative James Van Fossen Representative Libby Jacobs Representative Pat Murphy Representative Don Shoultz INTERNATIONAL RELATIONS Representative Betty Grundberg Representative Ron Corbett Representative Christopher Rants Representative Brent Siegrist Representative Libby Jacobs Representative Kay Chapman Representative Paul Scherrman Representative Minnette Doderer Representative Paul Bell SERVICE Representative Christopher Rants Representative Brent Siegrist Representative John Connors STUDIES Representative Chuck Gipp Representative Ron Corbett Representative Christopher Rants Representative David Schrader Representative Dolores Mertz HOUSE FILE 218 REREFERRED The Speaker announced that House File 218, previously referred to committee on natural resources was rereferred to committee on local government. HOUSE FILE 223 REREFERRED The Speaker announced that House File 223, previously referred to committee on natural resources was rereferred to committee on commerce and regulation. SPONSOR ADDED (House File 62) Davis of Wapello requested to be added as a sponsor of House File 62. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: DEPARTMENT OF PUBLIC HEALTH The Anatomical Gift 1998 Annual Donation and Compliance Report, pursuant to Chapter 142C.17, Code of Iowa. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1999\139 Mary Kos, Cedar Rapids - For celebrating her 90th birthday. 1999\140 Viola and Bennie Pospisil, Mt. Vernon - For celebrating their 50th wedding anniversary. 1999\141 Frank G. Koutny, Ely - For celebrating his 90th birthday. 1999\142 Randy Hinkel, Madrid - For being named the 1998 Class A Football Coach of the Year. 1999\143 Agnes Bras, Sibley - For celebrating her 100th birthday. 1999\144 Reba and Walter Lamb, Osceola - For celebrating their 60th wedding anniversary. 1999\145 Alice Van Egdom, Traer - For celebrating her 90th birthday. 1999\146 Jessine M. Duuck, Clinton - For celebrating her 90th birthday. 1999\147 Marilyn and Tim Mullen, Clinton - For celebrating their 50th wedding anniversary. 1999\148 Mr. and Mrs. Benjamin Greve, Bryant - For celebrating their 50th wedding anniversary. 1999\149 Mr. and Mrs. Arnold Block, DeWitt - For celebrating their 63rd wedding anniversary. 1999\150 Laura and Vern Hoeppner, Waterloo - For celebrating their 50th wedding anniversary. 1999\151 Hertha Lebuhn, Davenport - For celebrating her 100th birthday. 1999\152 Mary Wandschneider, Mount Auburn - For celebrating her 90th birthday. 1999\153 Estal and Eva Nelson Edmonds, Little Sioux - For celebrating their 50th wedding anniversary. 1999\154 Doris Dungan, Logan - For celebrating her 80th birthday. 1999\155 Donna Foje, Logan - For celebrating her 80th birthday. 1999\156 Margarett Osborn, Missouri Valley - For celebrating her 80th birthday. 1999\157 Betty and Dean Grimm, Vinton - For celebrating their 55th wedding anniversary. 1999\158 Darlene Struve, Dysart - For celebrating her 80th birthday. 1999\159 Luella Dahms, Marion - For celebrating her 90th birthday. 1999\160 Scott Sargent, Jewell - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\161 Irene and Celtus Thome, Gilbertville - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS House File 171 Judiciary: Boddicker, Chair; Chapman and Jager. House File 179 Judiciary: Thomson, Chair; Doderer and Raecker. House File 211 Judiciary: Sukup, Chair; Kreiman and Larson. House File 215 Judiciary: Thomson, Chair; Davis, Kreiman, Larson and Myers. House File 217 Judiciary: Sunderbruch, Chair; Baudler and Holveck. House File 223 Commerce and Regulation: Dix, Chair; Jenkins and Weigel. House File 227 Judiciary: Thomson, Chair; Ford and Raecker. House File 229 Judiciary: Kettering, Chair; Jager and Shoultz. House File 230 Judiciary: Boddicker, Chair; Doderer and Millage. House File 233 State Government: Bradley, Chair; O'Brien and Van Engelenhoven. House File 234 State Government: Jacobs, Chair; Houser and Taylor. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 29 Reassigned State Government: Davis, Chair; Brauns, Metcalf, O'Brien and Whitead. House Study Bill 42 Appropriations: Dix, Chair; Murphy and Sukup. House Study Bill 46 Appropriations: Sukup, Chair; Cormack and Huser. House Study Bill 47 Appropriations: Heaton, Chair; Nelson and Parmenter. House Study Bill 48 Appropriations: Millage, Chair; Dix and Falck. House Study Bill 79 Commerce and Regulation: Metcalf, Chair; Chapman and Van Fossen. House Study Bill 82 State Government: Gipp, Chair; Arnold, Chiodo, Jager, Jochum, O'Brien and Van Engelenhoven. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 85 Local Government Relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability. H.S.B. 86 Judiciary Allowing the suspension or revocation of a juvenile's driver's license for certain delinquent acts. H.S.B. 87 Judiciary Changing the maximum fine for a simple misdemeanor. H.S.B. 88 Judiciary Relating to increasing the penalties for an assault on a jailer. H.S.B. 89 Judiciary Relating to the liability for unpaid rates or charges of a city utility or enterprise service for water, sewage, and solid waste services. H.S.B. 90 Judiciary Providing that defendants convicted of vehicular manslaughter are not bailable on appeal. H.S.B. 91 Local Government Relating to the powers and duties of county treasurers by amending Code sections pertaining to special assessments on certain motor vehicle ownership transfers, tax statement addresses, city utility liens, taxation of buildings or improvements, tax redemption, and tax clearance statements for mobile homes, and providing effective date and applicability date provisions. H.S.B. 92 Local Government Proposing an amendment to the Constitution of the State of Iowa to change the length of term of office for members of the Iowa House of Representatives to four years. H.S.B. 93 Local Government Relating to the authority of counties and cities to require storm shelters in mobile home parks, providing a property tax exemption, and providing a retroactive applicability date. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON HUMAN RESOURCES Committee Bill (Formerly House File 69), relating to visitation provisions between siblings under a custody order. Fiscal Note is not required. Recommended Amend and Do Pass February 9, 1999. AMENDMENTS FILED H-1006 H.F. 209 Parmenter of Story H-1007 H.F. 209 Shoultz of Black Hawk H-1008 H.F. 209 Shoultz of Black Hawk On motion by Siegrist of Pottawattamie the House adjourned at 1:15 p.m., until 8:45 a.m., Wednesday, February 10, 1999. 308 JOURNAL OF THE HOUSE 30th Day 30th Day TUESDAY, FEBRUARY 9, 1999 309
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