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House Journal: Wednesday, January 31, 2001

JOURNAL OF THE HOUSE

Twenty-fourth Calendar Day - Seventeenth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, January 31, 2001

The House met pursuant to adjournment at 8:46 a.m., Speaker pro
tempore Sukup in the chair.

Prayer was offered by Reverend Terry Roberts, pastor of Trinity
Christian Church, Decatur.

The Journal of Tuesday, January 30, 2001 was approved.

INTRODUCTION OF BILLS

House File 135, by Schrader, a bill for an act relating to the
school year beginning date.

Read first time and referred to committee on education.

House File 136, by Huser, a bill for an act relating to the
mandatory certification of real estate appraisers and providing
exceptions.

Read first time and referred to committee on commerce and
regulation.

House File 137, by Foege, a bill for an act relating to the ongoing
status of absentee voters.

Read first time and referred to committee on state government.

House File 138, by Warnstadt, a bill for an act placing
restrictions on expenditures from the rebuild Iowa infrastructure
fund.

Read first time and referred to committee on appropriations.

House File 139, by Sukup, a bill for an act relating to the
maximum annual property tax levy for benefited street lighting
districts.

Read first time and referred to committee on local government.

House File 140, by Sukup, a bill for an act allowing cities to issue
general obligation bonds, revenue bonds, or loan agreements to fund
the construction and equipping of child care centers and providing an
effective date.

Read first time and referred to committee on local government.

House File 141, by Cohoon, a bill for an act relating to the
designation of a "Bill of Rights Day".

Read first time and referred to committee on state government.

House File 142, by Tymeson, Hansen, and Eichhorn, a bill for an
act providing an individual income tax credit for certain teacher
expenses and including a retroactive applicability date provision.

Read first time and referred to committee on ways and means.

House File 143, by Richardson, a bill for an act relating to the
division and development of land by amending provisions relating to
subdivision plats and plats of survey and relating to annexation and
other boundary adjustments, and providing for the Act's applicability.

Read first time and referred to committee on local government.

House File 144, by Reynolds, a bill for an act relating to the
provision of visitation rights to the sibling of a child placed in foster
care.

Read first time and referred to committee on human resources.

House File 145, by Frevert, Kuhn, Stevens, Connors, Kreiman,
Dotzler, Hatch, Witt, Reynolds, Bukta, Jochum, Mascher, Scherrman,
D. Taylor, and Greimann, a bill for an act relating to the application
of manure originating from confinement feeding operations, by
providing for manure management plans and making penalties
applicable.

Read first time and referred to committee on agriculture.

House File 146, by Kuhn, Sukup, May, Johnson, Frevert,
Scherrman, Alons, Huseman, Dix, Atteberry, Broers, Quirk, Falck,
Eddie, Roberts, Stevens, Mertz, Reynolds, Kettering, Hoffman,
Larkin, Eichhorn, O'Brien, Houser, Wise, Bukta, Foege, Smith,
Dotzler, T. Taylor, Greimann, D. Taylor, Fallon, Huser, Bell, Murphy,
Tremmel, Richardson, Osterhaus, Winckler, Petersen, Mascher,
Jochum, Sievers, Myers, and Witt, a bill for an act providing for an
income tax credit for making capital investments in a cooperative
association organized to operate a renewable fuel production facility
and including effective and retroactive applicability date provisions.

Read first time and referred to committee on ways and means.

House File 147, by Kuhn and Reynolds, a bill for an act relating
to genetically modified seeds by providing labeling requirements,
providing for penalties, and providing an effective date.

Read first time and referred to committee on agriculture.

House File 148, by Houser, a bill for an act relating to local
government fiscal reform and providing authority for bonding.

Read first time and referred to committee on local government.

House File 149, by Connors, Witt, Ford, Dotzler, Murphy, Hatch,
Larkin, Cohoon, Mascher, Lensing, and Shoultz, a bill for an act
relating to the unauthorized discharge of a patient as a prohibited
insurance trade practice, and providing for a penalty.

Read first time and referred to committee on commerce and
regulation.

House File 150, by Jochum and Kreiman, a bill for an act relating
to the inclusion of firearm safety in the health education requirement
of high school education standards.

Read first time and referred to committee on education.

House File 151, by Jochum, Bukta, Chiodo, Hatch, T. Taylor,
Larkin, D. Taylor, Fallon, Falck, Wise, Petersen, Mascher, Shoultz,
and Witt, a bill for an act establishing general election day as a state
public holiday.

Read first time and referred to committee on state government.

House File 152, by Jochum, Bukta, Chiodo, Hatch, T. Taylor,
Dotzler, Reynolds, Smith, Greimann, Frevert, Larkin, Cohoon,
D. Taylor, Fallon, Huser, Kuhn, Falck, Murphy, Stevens, Tremmel,
Osterhaus, Lensing, Mascher, and Witt, a bill for an act prohibiting
the denial of a claim for insurance coverage solely on the basis that
such claim arises out of an act of domestic abuse.

Read first time and referred to committee on commerce and
regulation.

On motion by Rants of Woodbury, the House was recessed at 8:54
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:03 p.m., Speaker pro tempore Sukup in
the chair.

INTRODUCTION OF BILLS

House File 153, by Grundberg, a bill for an act relating to third-
party payment of health care coverage costs for children under the
age of nineteen for treatment of neurobiological disorders and
substance abuse.

Read first time and referred to committee on commerce and
regulation.

House File 154, by Gipp, a bill for an act concerning paid time off
for certain peace officer members of the department of public safety
injured in the course of duty.

Read first time and referred to committee on state government.

House File 155, by Jochum, Bukta, Seng, Scherrman, Hatch,
Larkin, Cohoon, and Fallon, a bill for an act relating to the state
minimum wage by establishing findings and increasing the state
minimum hourly wage.

Read first time and referred to committee on labor and
industrial relations.

House File 156, by Jochum, Bukta, Mertz, Scherrman, Hatch,
T. Taylor, Dotzler, Reynolds, Smith, Greimann, Frevert, Fallon, May,
Kuhn, Foege, Murphy, Stevens, Tremmel, Schrader, Richardson,
Osterhaus, and Mascher, a bill for an act requiring the development
of clean air standards for confinement feeding operations and making
penalties applicable.

Read first time and referred to committee on environmental
protection.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty-four members present, sixteen
absent.

CONSIDERATION OF BILL
Regular Calendar

House File 103, a bill for an act relating to information included
in written promotional materials distributed by the department of
economic development, was taken up for consideration.

The House stood at ease at 1:15 p.m., until the fall of the gavel.

The House resumed session and consideration of House File 103 at
2:02 p.m., Speaker pro tempore Sukup in the chair.

Dotzler of Black Hawk offered the following amendment H-1027
filed by him and moved its adoption:

H-1027

1 Amend House File 103 as follows:
2 1. Page 1, line 6, by striking the words "clear
3 and conspicuous".

Amendment H-1027 lost.

Connors of Polk offered the following amendment H-1030 filed by
him and moved its adoption:

H-1030

1 Amend House File 103 as follows:
2 1. Page 1, by inserting after line 7 the
3 following:
4 "The statement shall include that the right-to-work
5 means that unions and management cannot negotiate a
6 union security clause in their collective bargaining
7 agreement, that a union must represent all employees
8 in a bargaining unit whether or not they are a member
9 of the union, and that a failure to do so constitutes
10 a breach of the union's duty of fair representation
11 and subjects the union to suits for breach of duty and
12 substantial potential liability for damages. Thus, in
13 a right-to-work state, nonmembers are required by law
14 to get all the benefits of union representation, but
15 pay none of the costs.
16 The statement shall include that the right-to-work
17 law was never meant to ensure a person could keep a
18 job; rather, it was designed to weaken and destroy
19 unions and the principle of collective bargaining.
20 The statement shall include that the right-to-work law
21 represents a state-sanctioned policy of union
22 suppression.
23 The statement shall include that the right-to-work
24 law allows government interference in the ability of
25 management and labor to negotiate contracts. The
26 statement shall include that the right-to-work law is
27 not about a person's right to have a job; rather, it
28 is a collective bargaining issue. The statement shall
29 include that the right-to-work law takes away the
30 ability of unions and management to bargain over
31 whether workers should have the right to pay for the
32 services they receive from the union. The statement
33 shall include that the right-to-work law allows
34 employees at union shops to opt out of the union, and
35 thus receive the wages and benefits negotiated by
36 their coworkers without paying the dues."

Amendment H-1030 lost.

T. Taylor of Linn offered amendment H-1031 filed by him as
follows:

H-1031

1 Amend House File 103 as follows:

2 1. Page 1, by inserting after line 7 the
3 following:
4 "Sec. . Section 15A.1, Code 2001, is amended by
5 adding the following new subsection:
6 NEW SUBSECTION. 5. In addition to the
7 requirements of subsections 2 and 3, a state agency
8 shall not provide a grant, loan, or other financial
9 assistance to a private person or on behalf of a
10 private person unless the business for whose benefit
11 the financial assistance is to be provided pays at
12 minimum a living wage to its employees. For purposes
13 of this subsection, "living wage" means an hourly wage
14 of no less than the annualized federal poverty level
15 for a family of four, as defined by the most recently
16 revised poverty income guidelines as published by the
17 United States department of health and human services,
18 divided by two thousand eighty. If any provision of
19 this subsection, which relates to a living wage paid
20 by a business applying for or receiving state
21 financial assistance, is inconsistent or conflicts
22 with other provisions of chapter 15 or this chapter,
23 the provision that specifies the higher wage rate
24 prevails."
25 2. Title page, line 3, by inserting after the
26 word "development" the following: "and state
27 department financial assistance".
28 3. By renumbering as necessary.

Horbach of Tama rose on a point of order that amendment H-1031
was not germane.

The Speaker ruled the point well taken and amendment H-1031
not germane.

T. Taylor of Linn moved to suspend the rules to consider
amendment H-1031.

Roll call was requested by Myers of Johnson and Falck of Fayette.

On the question "Shall the rules be suspended to consider
amendment H-1031?" (H.F. 103)

The ayes were, 44:

Atteberry	Bell	Bukta	Chiodo
Cohoon	Connors	Dotzler	Falck
Fallon	Foege	Ford	Frevert
Greimann	Hatch	Huser	Jochum
Kreiman	Kuhn	Larkin	Lensing
Mascher	May	Mertz	Murphy
Myers	O'Brien	Osterhaus	Petersen
Quirk	Reynolds	Richardson	Scherrman
Schrader	Seng	Shoultz	Smith
Stevens	Taylor, D.	Taylor, T.	Tremmel
Warnstadt	Winckler	Wise	Witt

The nays were, 55:

Alons	Arnold	Barry	Baudler
Boal	Boddicker	Boggess	Bradley
Brauns	Broers	Brunkhorst	Carroll
Cormack	De Boef	Dix	Dolecheck
Drake	Eddie	Eichhorn	Elgin
Finch	Garman	Gipp	Grundberg
Hahn	Hansen	Heaton	Hoffman
Horbach	Houser	Hoversten	Huseman
Jacobs	Jenkins	Johnson	Kettering
Klemme	Manternach	Metcalf	Millage
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Siegrist, Spkr.	Sievers
Teig	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Sukup,
		Presiding

Absent or not voting, 1:

Larson

The motion to suspend the rules lost.

Horbach of Tama 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. 103)

The ayes were, 55:

Alons	Arnold	Barry	Baudler
Boal	Boddicker	Boggess	Bradley
Brauns	Broers	Brunkhorst	Carroll
De Boef	Dix	Dolecheck	Drake
Eddie	Eichhorn	Elgin	Finch
Garman	Gipp	Grundberg	Hahn
Hansen	Heaton	Hoffman	Horbach
Houser	Hoversten	Huseman	Jacobs
Jenkins	Johnson	Kettering	Klemme
Larson	Manternach	Metcalf	Millage
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Siegrist, Spkr.	Sievers
Teig	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Sukup,
		Presiding

The nays were, 45:

Atteberry	Bell	Bukta	Chiodo
Cohoon	Connors	Cormack	Dotzler
Falck	Fallon	Foege	Ford
Frevert	Greimann	Hatch	Huser
Jochum	Kreiman	Kuhn	Larkin
Lensing	Mascher	May	Mertz
Murphy	Myers	O'Brien	Osterhaus
Petersen	Quirk	Reynolds	Richardson
Scherrman	Schrader	Seng	Shoultz
Smith	Stevens	Taylor, D.	Taylor, T.
Tremmel	Warnstadt	Winckler	Wise
Witt

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

Rants of Woodbury asked and received unanimous consent that
House File 103 be immediately messaged to the Senate.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on January 31,
2001. Had I been present, I would have voted "nay" on amendment
H-1031 to House File 103.

LARSON of Linn

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2001\187 Marlus Perkins, Clear Lake - For celebrating her 90th birthday.

2001\188 Ed Mertes, Adair - For celebrating his 90th birthday.

2001\189 Inez Micheal, Stuart - For celebrating her 95th birthday.

2001\190 Maurine Peterson, Armstrong - For celebrating her 84th birthday.

2001\191 Louwinna Jensen, Graettinger - For celebrating her 104th birthday.

2001\192 Donna and Robert Blum, Terril - For celebrating their 50th wedding
anniversary.

2001\193 Bertha Olson, Estherville - For celebrating her 97th birthday.

2001\194 Dennis Berry, Lake View - For being named 2000 Iowa Agriscience
Teacher of the Year.

SUBCOMMITTEE ASSIGNMENTS

House File 5

Education: Sukup, Chair; Cohoon and Sievers.

House File 86

Economic Development: Boggess, Chair; Atteberry and Metcalf.

House File 95

Natural Resources: Weidman, Chair; Dotzler and Huseman.

House File 105

Economic Development: Jenkins, Chair; Hoversten and Quirk.

House File 112

Natural Resources: Huseman, Chair; Bell and Rekow.

House File 117

Economic Development: Horbach, Chair; Hoffman and Stevens.

House File 119

Economic Development: Jenkins, Chair; Hoversten and Quirk.

House File 144

Human Resources: Carroll, Chair; Reynolds and Roberts.

House File 148

Local Government: Houser, Chair; Kuhn, Richardson, Sievers and Van Engelenhoven.

Senate Concurrent Resolution 5

Administration and Rules: Dix, Chair; Barry and Warnstadt.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 46

Economic Development: Manternach, Chair; Quirk and Teig.

House Study Bill 47

Economic Development: Roberts, Chair; Hoffman and Lensing.

House Study Bill 55

Administration and Rules: Carroll, Chair; Jacobs and Jochum.

House Study Bill 65

Judiciary: Baudler, Chair; Shoultz and Sukup.

House Study Bill 66

Judiciary: Grundberg, Chair; Barry and Chiodo.

House Study Bill 67

Judiciary: Shey, Chair; Baudler and Kreiman.

House Study Bill 70

Judiciary: Raecker, Chair; Eichhorn and Tremmel.

House Study Bill 71

Commerce and Regulation: Kettering, Chair; Falck and Jacobs.

House Study Bill 72

State Government: Bradley, Chair; Garman and T. Taylor.

House Study Bill 74

State Government: Bradley, Chair; Garman and T. Taylor.

House Study Bill 75

State Government: Bradley, Chair; Falck and Garman.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 83 State Government

Relating to the Iowa civil rights Act by expanding the public
accommodation protections of the Act to include correctional facilities.

H.S.B. 84 Judiciary

Relating to civil rights investigations by expanding the subpoena and
discovery authority of the civil rights commission and providing the
attorney general investigative authority in civil rights cases.

H.S.B. 85 Judiciary

Authorizing the sixth judicial district department of correctional
services to extend a lease-purchase agreement and providing an
effective date.

H.S.B. 86 Judiciary

Striking certain filing requirements related to campus crime
statistics and sexual abuse policies.

H.S.B. 87 Agriculture

A concurrent resolution honoring Herb Plambeck.

H.S.B. 88 State Government

Relating to the duties and office of the secretary of state in
commissioning notarial officers.

H.S.B. 89 State Government

Relating to campaign finance law and providing penalties.

H.S.B. 90 State Government

Regulating the practice of accounting, establishing fees, providing
penalties, and providing an effective date.

H.S.B. 91 Local Government

Relating to duties of the county sheriff by increasing the fees and
expenses collected by the county sheriff for various services and the
release of a garnishment.

RESOLUTIONS FILED

HR 9, by committee on ethics, a resolution relating to the House code
of ethics.

Placed on calendar.

HR 10, by committee on ethics, a resolution relating to the rules
governing lobbyists in the House of Representatives.

Placed on calendar.

On motion by Rants of Woodbury the House adjourned at 3:03

Previous Day: Tuesday, January 30	Next Day: Thursday, February 1
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

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