House Journal: Wednesday, February 7, 2001
JOURNAL OF THE HOUSE
Thirty-first Calendar Day - Twenty-second Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 7, 2001
The House met pursuant to adjournment at 8:47 a.m., Carroll of
Poweshiek in the chair.
Prayer was offered by Reverend Mark Gerken, pastor of Faith
Lutheran Church, Adel.
The Journal of Tuesday, February 6, 2001 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Finch of Story on request of Rants of Woodbury.
INTRODUCTION OF BILLS
House File 205, by Murphy, a bill for an act specifying that
health insurance benefits for retirees are included within the topic of
insurance as a mandatory subject of bargaining for public employees.
Read first time and referred to committee on labor and
industrial relations.
House File 206, by Schrader, a bill for an act prohibiting certain
acts associated with telemarketing sales calls and making a civil
penalty applicable.
Read first time and referred to committee on commerce and
regulation.
House File 207, by Scherrman, Frevert, Murphy, Kreiman,
T. Taylor, D. Taylor, Witt, Shoultz, Mascher, Osterhaus, Kuhn,
Dotzler, Reynolds, Petersen, Bukta, Greimann, Atteberry, Lensing,
Fallon, Ford, Hatch, and Connors, a bill for an act requiring the
development of clean air standards for animal feeding operations and
making penalties applicable.
Read first time and referred to committee on environmental
protection.
House File 208, by Warnstadt, a bill for an act giving the county
commissioner of elections authority to allow elections in certain cities
to be conducted by mail ballots and providing penalties.
Read first time and referred to committee on state government.
House File 209, by Warnstadt, a bill for an act relating to
absentee voting at the commissioner's office on election day in certain
elections.
Read first time and referred to committee on state government.
House File 210, by Warnstadt, a bill for an act relating to the
published sample ballot print size.
Read first time and referred to committee on state government.
House File 211, by Alons, Tymeson, Larson, Quirk, D. Taylor,
Bradley, Warnstadt, Brauns, and Hahn, a bill for an act extending
veterans benefits, preferences, and tax exemptions to certain
members of reserve forces of the United States and the Iowa national
guard, and providing an effective date for property tax exemption
claims.
Read first time and referred to committee on ways and means.
House File 212, by Warnstadt, a bill for an act relating to
determining the number of ballots to be delivered to polling places for
primary and general elections.
Read first time and referred to committee on state government.
House File 213, by Baudler, a bill for an act relating to the willful
failure to pay delinquent support and providing penalties.
Read first time and referred to committee on human resources.
House File 214, by Cormack, a bill for an act relating to
assessment and taxation of equipment used to dispense gasoline and
equipment used to operate a car wash for purposes of property
taxation and providing an applicability date.
Read first time and referred to committee on ways and means.
House File 215, by T. Taylor, Hoffman, D. Taylor, Hatch, Smith,
Bell, May, O'Brien, Atteberry, Broers, Tremmel, Drake, Huseman,
Eddie, Horbach, Brunkhorst, Tyrrell, Johnson, and Kettering, a bill
for an act relating to the salaries of deputy officers in the offices of the
county auditor, treasurer, and recorder.
Read first time and referred to committee on local government.
House File 216, by Millage, a bill for an act relating to the
protection of free speech at public postsecondary institutions.
Read first time and referred to committee on education.
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
February 6, 2001, passed the following bill in which the concurrence of the Senate was
asked:
House File 103, a bill for an act relating to information included in written
promotional materials distributed by the department of economic development.
Also: That the Senate has on February 6, 2001, passed the following bill in which
the concurrence of the Senate was asked:
House File 191, a bill for an act providing for the establishment of the state percent
of growth for purposes of the state school foundation program and providing an
applicability date.
Also: That the Senate has on February 6, 2001, adopted the following resolution in
which the concurrence of the House is asked:
Senate Concurrent Resolution 6, a concurrent resolution relating to joint rules of
the senate and house of representatives for the seventy-ninth general assembly.
MICHAEL E. MARSHALL, Secretary
SPECIAL PRESENTATION
Elgin of Linn introduced to the House the Honorable Rosemary
Thomson, former state representative from Linn County.
ADOPTION OF SENATE CONCURRENT RESOLUTION 5
Dix of Butler called up for consideration Senate Concurrent
Resolution 5, as follows and moved its adoption:
1 Senate Concurrent Resolution 5
2 By Committee On Rules And Administration
3 A Concurrent Resolution relating to the compensation
4 of chaplains, officers and employees of the
5 seventy-ninth general assembly.
6 Whereas, section 2.11 of the Code provides that
7 "The compensation of the chaplains, officers, and
8 employees of the general assembly shall be fixed by
9 joint action of the house and senate by resolution at
10 the opening of each session, or as soon thereafter as
11 conveniently can be done.", Now Therefore,
12 Be It Resolved By The Senate, The House Concurring,
13 That the compensation for the following officers for
14 the period commencing January 11, 1999 January 8, 2001
15 and ending January 8, 2001 January 13, 2003, shall be
16 within the following ranges:
17 Secretary of the Senate and Chief
18 Clerk of the House $49,700 to $85,772
19 $59,404 to $94,994
20 Within the indicated ranges the exact compensation
21 shall be set or adjusted for the senate officers by
22 the senate rules and administration committee and for
23 the house officers by the house administration and
24 rules committee. The committees shall report the
25 exact compensation assigned to each position on the
26 next legislative day, or, if such action is during the
27 interim, on the first day the senate or house shall
28 convene. Any action by the senate or house to
29 disapprove or amend the report shall be effective the
30 day after the action.
Page 2
1 Be It Further Resolved, That the compensation of
2 the employees of the seventy-eighth seventy-ninth
3 general assembly is set, effective from January 11,
4 1999 January 8, 2001, until January 8, 2001 January
5 13, 2003, in accordance with the following salary
6 schedule:
7 #10 #11 #12 #13 #14
8 $14,851.20 $15,600.00 $16,390.40 $17,180.80 $18,096.00
9 7.14 7.50 7.88 8.26 8.70
10
11 #15 #16 #17 #18 #19
12 $19,073.60 $20,009.60 $20,904.00 $21,923.20 $22,942.40
13 9.17 9.62 10.05 10.54 11.03
14
15 #20 #21 #22 #23 #24
16 $24,128.00 $25,209.60 $26,457.60 $27,768.00 $29,016.00
17 11.60 12.12 12.72 13.35 13.95
18
19 #25 #26 #27 #28 #29
20 $30,472.00 $31,886.40 $33,425.60 $35,068.80 $36,732.80
21 14.65 15.33 16.07 16.86 17.66
22
23 #30 #31 #32 #33 #34
24 $38,500.80 $40,393.60 $42,244.80 $44,345.60 $46,425.60
25 18.51 19.42 20.31 21.32 22.32
26
27 #35 #36 #37 #38 #39
28 $48,651.20 $50,980.80 $53,476.80 $55,993.60 $58,718.40
29 23.39 24.51 25.71 26.92 28.23
30
Page 3
1 #40 #41 #42 #43 #44
2 $61,568.00 $64,500.80 $67,641.60 $70,803.20 $74,276.80
3 29.60 31.01 32.52 34.04 35.71
4
5 #45 #46 #47 #48 #49
6 $77,833.60 $81,536.00 $85,446.40 $91,395.20 $95,950.40
7 37.42 39.20 41.08 43.94 46.13
8 #9
9 $14,913.60
10 7.17
11 #10 #11 #12 #13 #14
12 $15,745.60 $16,556.80 $17,388.80 $18,241.60 $19,198.40
13 7.57 7.96 8.36 8.77 9.23
14
15 #15 #16 #17 #18 #19
16 $20,238.40 $21,236.80 $22,172.80 $23,275.20 $24,336.00
17 9.73 10.21 10.66 11.19 11.70
18
19 #20 #21 #22 #23 #24
20 $25,604.80 $26,728.00 $28,059.20 $29,452.80 $30,784.00
21 12.31 12.85 13.49 14.16 14.80
22
23 #25 #26 #27 #28 #29
24 $32,323.20 $33,820.80 $35,464.00 $37,211.20 $38,979.20
25 15.54 16.26 17.05 17.89 18.74
26
27 #30 #31 #32 #33 #34
28 $40,851.20 $42,848.00 $44,824.00 $47,049.60 $49,254.40
29 19.64 20.60 21.55 22.62 23.68
30
Page 4
1 #35 #36 #37 #38 #39
2 $51,604.80 $54,100.80 $56,721.60 $59,404.80 $62,296.00
3 24.81 26.01 27.27 28.56 29.95
4
5 #40 #41 #42 #43 #44
6 $65,312.00 $68,432.00 $71,780.80 $75,108.80 $78,790.40
7 31.40 32.90 34.51 36.11 37.88
8
9 #45 #46 #47 #48 #49
10 $82,576.00 $86,507.20 $90,646.40 $94,993.60 $99,507.20
11 39.70 41.59 43.58 45.67 47.84
12 In this schedule, each numbered block shall be the
13 yearly and hourly compensation for the pay grade of
14 the number heading the block. Within each grade there
15 shall be six steps numbered "1" through "6". In the
16 above schedule the steps for all grades are determined
17 in the following manner. Each numbered block is
18 counted as the "1" step for that grade. The next
19 higher block is counted as the "2" step; the next
20 higher block is the "3" step; the next higher block is
21 the "4" step; the next higher block is the "5" step;
22 the next higher block is the "6" step.
23 Alternatively, the senate rules and administration
24 committee for senate employees, and the house
25 administration and rules committee for house employees
26 may allow their employees' compensation to be flexibly
27 set anywhere between steps "1" through "6" for an
28 employee's prescribed pay grade.
29 All employees shall be available to work daily
30 until completion of the senate's and house of
Page 5
1 representatives' business. The employee's division
2 supervisor shall schedule all employees' working hours
3 to, as far as possible, maintain regular working
4 hours.
5 All employees, other than those designated "part-
6 time" shall be compensated for 40 hours of work in a
7 one-week pay period. Secretaries to senators and
8 representatives are presumed to have 40 hours of work
9 each week the legislature is in session and shall be
10 paid only on that basis. Except for the personnel
11 designated to the contrary in this resolution,
12 employees who are required to work in excess of 40
13 hours in a one-week pay period shall either be
14 compensated at a rate of pay equal to one and one-half
15 times the hourly pay provided in this resolution or
16 allowed compensatory time off at a rate of one and
17 one-half hours for each hour of overtime.
18 The following personnel shall not be paid an
19 overtime premium:
20 Secretary of the Senate
21 Chief Clerk of the House
22 Assistant Secretary of the Senate
23 Assistant Chief Clerk of the House
24 Senate Legal Counsel
25 House Legal Counsel
26 Finance Officer
27 Senior Finance Officer I
28 Senior Finance Officer II
29 Senior Journal Editor
30 Senior Indexer
Page 6
1 All Administrative Assistants
2 All Research Analysts
3 All Research Assistants
4 All Secretaries to Senators and Representatives
5 All Caucus Staff Directors
6 All Caucus Secretaries
7 Administrative, Executive, and Confidential
8 Secretaries to President, Speaker, Leader or
9 Secretary of Senate or Chief Clerk of House
10 This list may be modified pursuant to the annual
11 review authorized in this resolution.
12 Be It Further Resolved, That part-time employees
13 shall be compensated at the scheduled hourly rate for
14 their pay grade and step.
15 Be It Further Resolved, That compensatory time off
16 shall be granted to employees not eligible for the
17 overtime premium in a uniform manner for all
18 legislative employees as determined by the legislative
19 council.
20 Be It Further Resolved, That in the event the
21 salary schedule for employees of the State of Iowa as
22 promulgated by the personnel commission pursuant to
23 section 19A.9, subsection 2, Code 1999, is revised
24 upward at any time during the seventy-eighth seventy-
25 ninth general assembly, such revised schedule shall
26 simultaneously be adopted for the compensation of the
27 employees of the seventy-eighth seventy-ninth general
28 assembly assigned a grade by this resolution. The pay
29 ranges of those positions specifically listed on page
30 one of this resolution shall be automatically adjusted
Page 7
1 to reflect any cost of living increases granted to
2 those employees not included in the collective
3 bargaining agreements made final under chapter 20 of
4 the Code and increases provided by the legislative
5 council for agency directors.
6 Be It Further Resolved, That adjustments in the
7 positions and compensation listed in this resolution
8 may be made through an annual interim review of all
9 legislative employees for internal equity and to
10 assure compliance with appropriate legal standards for
11 granting of overtime and compensatory time off. Such
12 review shall be conducted by a legislative committee
13 made up of members of the service committee of
14 legislative council and the appropriate salary
15 subcommittees of the senate and house. Only one such
16 review may be done in any fiscal year and adjustments
17 suggested must be approved by the appropriate hiring
18 body.
19 Be It Further Resolved, That the employees of the
20 seventy-eighth seventy-ninth general assembly be
21 placed in the following pay grades:
22 EMPLOYEES OF THE HOUSE
23 Sr. Assistant Chief Clerk of the House Grade 41
24 Assistant Chief Clerk of the House III Grade 38
25 Assistant Chief Clerk of the House II Grade 35
26 Assistant Chief Clerk of the House I Grade 32
27 Legal Counsel II Grade 35
28 Legal Counsel I Grade 32
29 Legal Counsel Grade 30
30 Sr. Caucus Staff Director Grade 41
Page 8
1 Caucus Staff Director Grade 38
2 Administrative Assistant to Leader
3 or Speaker Grade 27
4 Administrative Assistant I to Leader
5 or Speaker Grade 29
6 Administrative Assistant II to Leader
7 or Speaker Grade 32
8 Administrative Assistant III to Leader
9 or Speaker Grade 35
10 Sr. Administrative Assistant to
11 Leader or Speaker Grade 38
12 Research Assistant Grade 24
13 Legislative Research Analyst Grade 27
14 Legislative Research Analyst I Grade 29
15 Legislative Research Analyst II Grade 32
16 Legislative Research Analyst III Grade 35
17 Sr. Legislative Research Analyst Grade 38
18 Secretary to Leader or Speaker Grade 19
19 Caucus Secretary Grade 21
20 Senior Caucus Secretary Grade 24
21 Administrative Secretary to Leader,
22 Speaker, or Chief Clerk Grade 21
23 Executive Secretary to Leader,
24 Speaker or Chief Clerk Grade 24
25 Confidential Secretary to Leader,
26 Speaker, or Chief Clerk Grade 27
27 Confidential Secretary II to Leader, Speaker
28 or Chief Clerk Grade 32
29 Clerk to Chief Clerk Grade 16
30 Supervisor of Secretaries Grade 21
Page 9
1 Supervisor of Secretaries I Grade 24
2 Supervisor of Secretaries II Grade 27
3 Senior Editor Grade 30
4 Editor II Grade 25
5 Editor I Grade 22
6 Assistant Editor Grade 19
7 Compositor/Desk Top Specialist Grade 17
8 Sr. Text Processor Grade 25
9 Text Processor II Grade 22
10 Text Processor I Grade 19
11 Senior Finance Officer IIGrade 35
12 Senior Finance Officer I Grade 31
13 Finance Officer II Grade 27
14 Finance Officer I Grade 24
15 Assistant Finance Officer Grade 21
16 Recording Clerk II Grade 24
17 Recording Clerk I Grade 21
18 Assistant Legal Counsel Grade 27
19 Engrossing & Enrolling Processor Grade 27
20 Assistant to the Legal Counsel Grade 19
21 Senior IndexerGrade 28
22 Indexer II Grade 25
23 Indexer I Grade 22
24 Indexing Assistant Grade 19
25 Supply Clerk Grade 16
26 Switchboard Operator Grade 14
27 Legislative Secretary Grade 15
28 Legislative Committee Secretary Grade 17
29 Bill Clerk Grade 14
30 Assistant Bill Clerk Grade 12
Page 10
1 Postmaster Grade 12
2 Sergeant-at-Arms IIGrade 20
3 Sergeant-at-Arms I Grade 17
4 Assistant Sergeant-at-Arms Grade 14
5 Chief Doorkeeper Grade 12
6 Doorkeepers Grade 11
7 Pages Minimum Wage Grade 9
8 EMPLOYEES OF THE SENATE
9 Sr. Assistant Secretary of the Senate Grade 41
10 Assistant Secretary of the Senate III Grade 38
11 Assistant Secretary of the Senate II Grade 35
12 Assistant Secretary of the Senate I Grade 32
13 Legal Counsel II Grade 35
14 Legal Counsel I Grade 32
15 Legal Counsel Grade 30
16 Sr. Caucus Staff Director Grade 41
17 Caucus Staff Director Grade 38
18 Administrative Assistant to Leader
19 or President Grade 27
20 Administrative Assistant I to Leader
21 or President Grade 29
22 Administrative Assistant II to Leader
23 or President Grade 32
24 Administrative Assistant III to Leader
25 or President Grade 35
26 Sr. Administrative Assistant to
27 Leader or President Grade 38
28 Research Assistant Grade 24
29 Legislative Research Analyst Grade 27
30 Legislative Research Analyst I Grade 29
Page 11
1 Legislative Research Analyst II Grade 32
2 Legislative Research Analyst III Grade 35
3 Sr. Legislative Research Analyst Grade 38
4 Caucus Secretary Grade 21
5 Senior Caucus Secretary Grade 24
6 Secretary to Leader or President Grade 19
7 Administrative Secretary to Leader, President,
8 or Secretary of the Senate Grade 21
9 Executive Secretary to Leader, President,
10 or Secretary of the Senate Grade 24
11 Confidential Secretary to Leader, President,
12 or Secretary of the Senate Grade 27
13 Confidential Secretary II to Leader, President,
14 or Secretary of the Senate Grade 32
15 Supervisor of Secretaries Grade 21
16 Supervisor of Secretaries I Grade 24
17 Supervisor of Secretaries II Grade 27
18 Senior Editor Grade 30
19 Editor II Grade 25
20 Editor I Grade 22
21 Assistant Editor Grade 19
22 Compositor/Desk Top Specialist Grade 17
23 Assistant Legal Counsel Grade 27
24 Assistant to the Legal Counsel Grade 19
25 Proofreader Grade 16
26 Senior Finance Officer IIGrade 35
27 Senior Finance Officer I Grade 31
28 Finance Officer II Grade 27
29 Finance Officer I Grade 24
30 Assistant Finance Officer Grade 21
Page 12
1 Recording Clerk II Grade 24
2 Recording Clerk I Grade 21
3 Senior IndexerGrade 28
4 Indexer II Grade 25
5 Indexer I Grade 22
6 Indexing Assistant Grade 19
7 Records and Supply Clerk Grade 18
8 Switchboard Operator Grade 14
9 Legislative Secretary Grade 15
10 Legislative Committee Secretary Grade 17
11 Bill Clerk Grade 14
12 Assistant Bill Clerk Grade 12
13 Postmaster Grade 12
14 Sergeant-at-Arms IIGrade 20
15 Sergeant-at-Arms I Grade 17
16 Assistant Sergeant-at-Arms Grade 14
17 Chief Doorkeeper Grade 12
18 Doorkeepers Grade 11
19 Pages Minimum Wage Grade 9
20 JOINT SENATE/HOUSE EMPLOYEES
21 Facilities Manager I Grade 35
22 Facilities Manager II Grade 38
23 Sr. Facilities Manager Grade 41
24 Be It Further Resolved, That there shall be four
25 classes of appointments as employees of the general
26 assembly:
27 A "permanent full-time" or "permanent part-time"
28 employee is one who is employed the year around and
29 eligible to receive state benefits.
30 An "exempt full-time" employee is one who is
Page 13
1 employed for the period of the sessions with
2 extensions post-session and pre-session as scheduled.
3 This class is eligible to receive state benefits with
4 the cost of benefits to the state to be paid by the
5 employee when not on the payroll.
6 A "session-only" employee is one who is employed
7 for only a portion of the year, usually the
8 legislative session. This class is not eligible for
9 state benefits, except IPERS, and insurance as
10 provided in section 2.40.
11 A "part-time" employee is one who is employed to
12 work less than 40 hours per week. This class is not
13 eligible for state benefits, except IPERS if eligible.
14 Be It Further Resolved, That the exact
15 classification for individuals in a job series created
16 by this resolution shall be set or changed for senate
17 employees by the senate rules and administration
18 committee and for the house employees by the house
19 administration and rules committee. The committees
20 shall base the classification upon the following
21 factors:
22 1. The extent of formal education required of the
23 position; and,
24 2. The extent of the responsibilities to be
25 assigned to the position; and,
26 3. The amount of supervision placed over the
27 position; and,
28 4. The number of persons the position is assigned
29 to supervise and skill and responsibilities of those
30 positions supervised.
Page 14
1 The committees shall report the exact
2 classifications assigned to each individual on the
3 next legislative day, or, if such action is during the
4 interim, on the first day the senate or house shall
5 convene. Any action by the senate or house to
6 disapprove a report or a portion of a report shall be
7 effective the day after the action.
8 Recommendations for a pay grade for a new position
9 shall be developed in accordance with the factor
10 scores in the comparable worth report. Beginning in
11 1999, every four years the senate rules and
12 administration committee, the house administration and
13 rules committee, and the legislative council shall
14 review all positions in the legislative branch to
15 assure conformity to comparable worth.
16 Be It Further Resolved, That a senator or
17 representative may employ a secretary who in the
18 judgment of the senator or representative employing
19 such person, possesses the necessary skills to perform
20 the duties such senator or representative shall
21 designate, under the administrative direction, as
22 appropriate, of the secretary of the senate or the
23 chief clerk of the house.
24 Each standing committee chairperson, ethics
25 committee chairperson, and each appropriations
26 subcommittee chairperson shall designate a secretary
27 who is competent to perform the following duties:
28 prepare committee minutes, committee reports, type
29 committee correspondence, maintain committee records,
30 and otherwise assist the committee. Such duties shall
Page 15
1 be performed in accordance with standards which shall
2 be provided by the secretary of the senate and chief
3 clerk of the house. In making the designation,
4 chairpersons shall consider persons for possible
5 designation as the secretary to the committee in the
6 following order:
7 First: The secretary to the chairperson.
8 Second: The secretary to the committee's vice-
9 chairperson.
10 Third: The secretary to any other member of the
11 committee.
12 Fourth: The secretary to any other member in the
13 same house as the committee.
14 Be It Further Resolved, That a Legal Counsel II
15 shall be a person who has graduated from an accredited
16 school of law and is admitted to practice in Iowa as
17 an Attorney and Counselor at Law and possesses either
18 a Masters of Law degree or has at least two years of
19 legal experience after admission to practice.
20 A Legal Counsel I shall be a person who has
21 graduated from an accredited school of law and is
22 admitted to practice in Iowa as an Attorney and
23 Counselor at Law.
24 Be It Further Resolved, That employees of the
25 general assembly may be eligible for either:
26 a) increases in salary grade or step based on
27 evaluation of their job performance and
28 recommendations of their administrative officers,
29 subject to approval of the senate committee on rules
30 and administration or the house committee on
Page 16
1 administration and rules, as appropriate, provided,
2 however, that for promotions between classes with a
3 three or more pay grade difference, the employee shall
4 be given a two-step increase in pay or the employee's
5 salary shall be adjusted to the entry level in the
6 grade of the new position, whichever is greater; or
7 b) mobility within a pay grade at the discretion
8 of the chief clerk of the house upon recommendation by
9 the employee's division supervisor on the part of the
10 house, and the discretion of the employee's division
11 supervisor on the part of the senate, subject to the
12 approval of the house committee on administration and
13 rules or the senate committee on rules and
14 administration, as appropriate - either in accord
15 with a flexible pay plan approved by the senate rules
16 and administration committee or the house
17 administration and rules committee, or in accord with
18 the following schedule:
19 (1) Progression from step "1" to "2" for a newly
20 hired employee - six months of actual employment.
21 (2) Progression from step "1" to "2" following
22 promotion within a job series - twelve months of
23 actual employment in that position.
24 (3) Progression from step "2" to "3", and step "3"
25 to "4", and step "4" to "5", and step "5" to "6" -
26 twelve months of actual employment.
27 Be It Further Resolved, that in addition to the
28 steps provided in the preceding paragraph, that
29 secretaries to senators and representatives who were
30 employees of the senate or house of representatives
Page 17
1 during any general assembly prior to January 9, 1989,
2 and who have received certification for passing a
3 typing and shorthand performance examination shall be
4 eligible for two additional steps.
5 Be It Further Resolved, That in addition to the
6 steps provided in the preceding paragraph, that
7 secretaries to senators and representatives shall be
8 eligible for a maximum of three additional grades
9 beyond grade 15, in any combination, as provided in
10 this paragraph:
11 1. One additional grade for a secretary to a
12 standing committee chair, ethics committee chair or
13 appropriations subcommittee chair who is not the
14 designated committee secretary.
15 2. One additional grade for a secretary to a vice-
16 chairperson or ranking member of a standing committee,
17 ethics committee or appropriations subcommittee.
18 3. One additional grade for a secretary to the
19 chairperson of the chaplain's committee.
20 4. Two additional grades for a secretary to an
21 assistant floor leader or speaker pro tempore or
22 president pro tempore.
23 5. One additional grade for a designated committee
24 secretary who is also the designated committee
25 secretary for an additional standing committee, ethics
26 committee, or appropriations subcommittee.
27 Be It Further Resolved, That in the event the
28 secretary to the chairperson of the chaplain's
29 committee is the secretary to the president, president
30 pro tempore, speaker, speaker pro tempore, or the
Page 18
1 majority or minority leader, such secretary shall
2 receive one additional step.
3 Be It Further Resolved, That the entrance salary
4 for employees of the general assembly shall be at step
5 1 in the grade of the position held. Such employee
6 may be hired above the entrance step if possessing
7 outstanding and unusual experience for the position,
8 provided that the entrance is not beyond step 3. Such
9 employee who is hired above the entrance step shall be
10 mobile above that step in the same period of time as
11 other employees in that same step. An officer or
12 employee who is moved to another position may be
13 considered for partial or full credit for their
14 experience in the former position in determining the
15 step in the new grade.
16 The entry level for the position of research
17 analyst shall be Legislative Research Analyst, unless
18 extraordinary conditions justify increasing that entry
19 level; however, that entry level may not be increased
20 beyond Legislative Research Analyst I. A research
21 analyst must have shown knowledge of legislative rules
22 and procedures as well as the Code of Iowa to be
23 considered at any level above a Legislative Research
24 Analyst.
25 Be It Further Resolved, That a pay increase for
26 employees of one step within the pay grade for the
27 position may be made for exceptionally meritorious
28 service in addition to step increases provided for in
29 this resolution, at the discretion of the chief clerk
30 upon recommendation by the employee's division
Page 19
1 supervisor on the part of the house, and upon
2 recommendation by the employee's division supervisor
3 on the part of the senate, and the approval of the
4 senate committee on rules and administration or the
5 house committee on administration and rules.
6 Exceptionally meritorious service pay increases shall
7 be governed by the following:
8 a. The employee must have served in the position
9 for at least twelve months;
10 b. Written justification, setting forth in detail
11 the nature of the exceptionally meritorious service
12 rendered, must be submitted to the senate rules and
13 administration committee or house administration and
14 rules committee and approved in advance of granting
15 the pay increase;
16 c. No more than one exceptionally meritorious
17 service pay increase may be granted in any twelve-
18 month period.
19 d. Such meritorious service pay increase shall not
20 be granted beyond the six-step maximum for that
21 position.
22 Be It Further Resolved, That the senate rules and
23 administration committee and the house administration
24 and rules committee shall both hire officers and
25 employees for their respective bodies and fill any
26 vacancies which may occur, to be effective at such
27 time as they shall set. The committee shall report
28 the names of those it has hired for the positions
29 specified in this resolution or the filling of any
30 vacancies on the next legislative day or, if such
Page 20
1 action is during the interim, on the first day the
2 senate or house shall convene. Any action by the
3 senate or house to amend or disapprove a report or a
4 portion of a report shall be effective the day after
5 the action.
6 The chief clerk of the house shall submit to the
7 house committee on administration and rules and the
8 secretary of the senate shall submit to the senate
9 committee on rules and administration the list of
10 names, or amendments thereto, of employee
11 classifications and recommended pay step for each
12 officer and employee. Such list shall include
13 recommendations for the pay step for all employees.
14 Each respective committee shall approve or amend the
15 list of recommended classifications and pay steps and
16 publish said list in the journal.
17 Be It Further Resolved, That permanent employees of
18 the general assembly shall receive vacation
19 allowances, sick leave, health and accident insurance,
20 life insurance, and disability income insurance as are
21 provided for full-time permanent state employees. The
22 computations shall be maintained by the finance
23 officers in each house and coordinated with the
24 department of revenue and finance.
25 Be It Further Resolved, That should any employee
26 have a grievance, the grievance shall be resolved as
27 provided by procedures determined by the senate rules
28 and administration committee for senate employees or
29 the house administration and rules committee for house
30 employees.
Page 21
1 Be It Further Resolved, That the general assembly
2 legislative council adopt a resolution similar to this
3 resolution which provides for the compensation and
4 benefits of all legislative central staff agency
5 employees for the seventy-eighth seventy-ninth general
6 assembly. The resolution shall be adopted as soon as
7 practicable after the convening of the seventy-eighth
8 seventy-ninth general assembly, and published in the
9 journals of the senate and house.
10 Be It Further Resolved, That the compensation of
11 chaplains officiating at the opening of the daily
12 sessions of the house of representatives and the
13 senate of the seventy-eighth seventy-ninth general
14 assembly be fixed at ten dollars for each house of the
15 general assembly, and that mileage for chaplains be
16 fixed at the rate of twenty-four twenty-nine cents per
17 mile to and from the State Capitol.
The motion prevailed and the resolution was adopted.
Dix of Butler in the chair at 8:57 a.m.
The House stood at ease at 8:58 a.m., until the fall of the gavel.
The House resumed session at 8:59 a.m., Dix of Butler in the chair.
CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 7
Carroll of Poweshiek called up for consideration House Concurrent
Resolution 7, a concurrent resolution relating to joint rules of the
Senate and House of Representatives for the Seventy-ninth General
Assembly.
Rants of Woodbury asked and received unanimous consent that
House Concurrent Resolution 7 be deferred and that the bill retain its
place on the calendar.
On motion by Rants of Woodbury, the House was recessed at 9:01
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:04 p.m., Dix of Butler in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-one members present,
twenty-nine absent.
INTRODUCTION OF BILLS
House File 217, by committee on natural resources, a bill for an
act relating to the regulatory authority and procedures of the
department of natural resources by providing for the issuance of
limited quota licenses and the issuance of licenses and permits by
electronic means.
Read first time and referred to committee on ways and means.
House File 218, by committee on judiciary, a bill for an act
relating to the appointment of an acting or a temporary county
attorney.
Read first time and placed on the calendar.
House File 219, by Foege, a bill for an act requiring the
department of natural resources to study and make recommendations
relating to waste management strategies and providing an effective
date.
Read first time and referred to committee on environmental
protection.
House File 220, by Foege, a bill for an act relating to fees charged
for release of an individual patient's health record.
Read first time and referred to committee on commerce and
regulation.
House File 221, by T. Taylor, D. Taylor, Dotzler, Hatch, Reynolds,
Smith, Greimann, Frevert, Larkin, Cohoon, Fallon, Huser, Bell, May,
O'Brien, Shoultz, Jochum, Mascher, Petersen, Lensing, Winckler,
Osterhaus, Richardson, Schrader, Stevens, Murphy, Falck, Foege,
Kuhn, and Chiodo, a bill for an act relating to wage discrimination by
providing for the determination of wage discrimination, applicable
remedies, and providing an effective date.
Read first time and referred to committee on labor and
industrial relations.
CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 7
Carroll of Poweshiek called up for consideration House Concurrent
Resolution 7, previously deferred on page 322 of the House Journal.
RULE 31.8 SUSPENDED
Carroll of Poweshiek asked and received unanimous consent to
suspend Rule 31.8, related to the timely filing of amendments, for the
immediate consideration of amendment H-1040, filed by him from the
floor as follows and moved its adoption:
H-1040
1 Amend House Concurrent Resolution 7 as follows:
2 1. Page 16, line 1, by inserting after the word
3 "bills," the following: "bills sponsored by standing
4 committees in response to a referral from the
5 president of the senate or the speaker of the house of
6 representatives relating to an administrative rule
7 whose effective date has been delayed until the
8 adjournment of the next regular session of the general
9 assembly by the administrative rules review
10 committee,".
Amendment H-1040 was adopted.
SENATE CONCURRENT RESOLUTION 6 SUBSTITUTED
FOR HOUSE CONCURRENT RESOLUTION 7
Carroll of Poweshiek asked and received unanimous consent to
substitute Senate Concurrent Resolution 6 for House Concurrent
Resolution 7, as follows and moved its adoption:
1 SENATE CONCURRENT RESOLUTION 6
2 BY COMMITTEE ON RULES AND ADMINISTRATION
3 A Concurrent Resolution relating to joint rules of
4 the Senate and House of Representatives for the
5 Seventy-ninth General Assembly.
6 Be It Resolved By The Senate, The House Of
7 Representatives Concurring, That the joint rules of
8 the Senate and House of Representatives for the
9 Seventy-eighth Seventy-ninth General Assembly shall
10 be:
11 JOINT RULES OF THE
12 SENATE AND HOUSE
13 Rule 1
14 Suspension of Joint Rules
15 The joint rules of the general assembly may be
16 suspended by concurrent resolution, duly adopted by a
17 constitutional majority of the senate and the house.
18 Rule 2
19 Designation of Sessions
20 Each regular session of a general assembly shall be
21 designated by the year in which such regular session
22 commences.
23 Rule 3
24 Sessions of a General Assembly
25 The election of officers, organization, hiring and
26 compensation of employees, and standing committees in
27 each house of the general assembly and action taken by
28 each house shall carry over from the first to the
29 second regular session and to any extraordinary
30 session of the same general assembly. The status of
Page 2
1 each bill and resolution shall be the same at the
2 beginning of each second session as it was immediately
3 before adjournment of the previous regular or
4 extraordinary session; however the rules of either
5 house may provide for re-referral of some or all bills
6 and resolutions to standing committees upon
7 adjournment of each session or at the beginning of a
8 subsequent regular or extraordinary session, except
9 those which have been adopted by both houses in
10 different forms.
11 Upon final adoption of a concurrent resolution at
12 any extraordinary session affecting that session, or
13 at a regular session affecting any extraordinary
14 session which may be held before the next regular
15 session, the creation of any calendar by either house
16 shall be suspended and the business of the session
17 shall consist solely of those bills or subject matters
18 stated in the resolution adopted. Bills named in the
19 resolution, or bills containing the subject matter
20 provided for in the resolution, may, at any time, be
21 called up for debate in either house by the majority
22 leader of that house.
23 Rule 3A '
24 International Relations Protocol
25 The senate and the house of representatives shall
26 comply with the international relations protocol
27 policy adopted by the international relations
28 committee of the legislative council.
29 Rule 4
30 Presentation of Messages
Page 3
1 All messages between the two houses shall be sent
2 by the secretary of the senate or the chief clerk of
3 the house of representatives, shall be communicated to
4 the presiding officer.
5 Rule 5
6 Printing and Form of Bills
7 and Other Documents
8 Bills and joint resolutions shall be introduced,
9 numbered, prepared, and printed as provided by law, or
10 in the absence of such law, in a manner determined by
11 the secretary of the senate and the chief clerk of the
12 house of representatives. Proposed bills and
13 resolutions which are not introduced but are referred
14 to committee shall be tracked in the legislative
15 computer system as are introduced bills and
16 resolutions. The referral of proposed bills and
17 resolutions to committee shall be entered in the
18 journal.
19 All bills and joint resolutions introduced shall be
20 in a form and number approved by the secretary of the
21 senate and chief clerk of the house.
22 The legal counsel's office of each house shall
23 approve all bills before introduction.
24 Rule 6
25 Companion Bills
26 Identical bills introduced in each house shall be
27 called companion bills. Each house shall designate
28 the sponsor in the usual way followed in parentheses
29 by the sponsor of the companion bill in the other
30 house. The house where the bill is first introduced
Page 4
1 shall print the complete text.
2 Rule 7
3 Reprinting of Bills
4 Whenever any bill has been substantially amended by
5 either house, the secretary of the senate or the chief
6 clerk of the house shall order the bill reprinted on
7 paper of a different color. All adopted amendments
8 shall be distinguishable.
9 The secretary of the senate or the chief clerk of
10 the house may order the printing of a reasonable
11 number of additional copies of any bill, resolution,
12 amendment, or journal.
13 Rule 8
14 Daily Clip Sheet
15 The secretary of the senate and the chief clerk of
16 the house shall prepare a daily clip sheet covering
17 all amendments filed.
18 Rule 9
19 Reintroduction of Bills and Other Measures
20 A bill or resolution which has passed one house and
21 is rejected in the other shall not be introduced again
22 during that general assembly.
23 Rule 10
24 Certification of Bills and Other Enrollments
25 When any bill or resolution which has passed one
26 house is rejected or adopted in the other, notice of
27 such action and the date thereof shall be given to the
28 house of origin in writing signed by the secretary of
29 the senate or the chief clerk of the house.
30 Rule 11
Page 5
1 Code Editor's Correction Bills
2 A bill recommended by the Code editor which is
3 passed out of committee to the floor for debate by a
4 committee of the house or senate within the first four
5 weeks of convening of a legislative session and which
6 contains Code corrections of a nonsubstantive nature
7 shall not be amended on the floor of either house
8 except pursuant to corrective or nonsubstantive
9 amendments filed by the judiciary committee of the
10 senate or the house. Such committee amendments,
11 whether filed at the time of initial committee passage
12 of the bill to the floor for debate or after
13 rereferral to the committee, shall not be incorporated
14 into the bill in the originating house but shall be
15 filed separately. Amendments filed from the floor to
16 strike sections of the bill or the committee
17 amendments shall be in order. Following amendment and
18 passage by the second house, only amendments filed
19 from the floor which strike sections of the amendment
20 of the second house shall be in order.
21 A bill recommended by the Code editor which is
22 passed out of committee to the floor for debate by a
23 committee of the house or senate within the first four
24 weeks of convening of a legislative session and which
25 contains Code corrections beyond those of a
26 nonsubstantive nature shall not be amended on the
27 floor of either house except pursuant to amendments
28 filed by the judiciary committee of the senate or the
29 house. Such committee amendments, whether filed at
30 the time of initial committee passage of the bill to
Page 6
1 the floor for debate or after rereferral to the
2 committee, shall not be incorporated into the bill in
3 the originating house but shall be filed separately.
4 Such a bill shall be limited to corrections which:
5 Adjust language to reflect current practices, insert
6 earlier omissions, delete redundancies and
7 inaccuracies, delete temporary language, resolve
8 inconsistencies and conflicts, update ongoing
9 provisions, and remove ambiguities. Amendments filed
10 from the floor to strike sections of the bill or the
11 committee amendments shall be in order. Following
12 amendment and passage by the second house, only
13 amendments filed from the floor which strike sections
14 of the amendment of the second house shall be in
15 order.
16 Rule 12
17 Amendments by Other House
18 1. When a bill which originated in one house is
19 amended in the other house, the house originating the
20 bill may amend the amendment, concur in full in the
21 amendment, or refuse to concur in full in the
22 amendment. Precedence of motions shall be in that
23 order. The amendment of the other house shall not be
24 ruled out of order based on a question of germaneness.
25 a. If the house originating the bill concurs in
26 the amendment, the bill shall then be immediately
27 placed upon its final passage.
28 b. If the house originating the bill refuses to
29 concur in the amendment, the bill shall be returned to
30 the amending house which shall either:
Page 7
1 (1) Recede, after which the bill shall be read for
2 the last time and immediately placed upon its final
3 passage; or
4 (2) Insist, which will send the bill to a
5 conference committee.
6 c. If the house originating the bill amends the
7 amendment, that house shall concur in the amendment as
8 amended and the bill shall be immediately placed on
9 final passage, and shall be returned to the other
10 house. The other house cannot further amend the bill.
11 (1) If the amending house which gave second
12 consideration to the bill concurs in the amendment to
13 the amendment, the bill shall then be immediately
14 placed upon its final passage.
15 (2) If the amending house refuses to concur in the
16 amendment to the amendment, the bill shall be returned
17 to the house originating the bill which shall either:
18 (a) Recede, after which the bill shall be read for
19 the last time as amended and immediately placed upon
20 its final passage; or
21 (b) Insist, which will send the bill to a
22 conference committee.
23 2. A motion to recede has precedence over a motion
24 to insist. Failure to recede means to insist; and
25 failure to insist means to recede.
26 3. A motion to lay on the table or to indefinitely
27 postpone shall be out of order with respect to motions
28 to recede from or insist upon and to amendments to
29 bills which have passed both houses.
30 4. A motion to concur, refuse to concur, recede,
Page 8
1 insist, or adopt a conference committee report is in
2 order even though the subject matter has previously
3 been acted upon.
4 Rule 13
5 Conference Committee
6 1. Within one legislative day after either house
7 insists upon an amendment to a bill, the presiding
8 officer of the house, after consultation with the
9 majority leader, shall appoint three majority party
10 members and, after consultation with the minority
11 leader, shall appoint two minority party members to a
12 conference committee. The majority leader of the
13 senate, after consultation with the president, shall
14 appoint three majority party members and, after
15 consultation with and approval by the minority leader,
16 shall appoint two minority party members to a
17 conference committee. The papers shall remain with
18 the house that originated the bill.
19 2. The conference committee shall meet before the
20 end of the next legislative day after their
21 appointment, shall select a chair and shall discuss
22 the controversy.
23 3. The authority of the first conference committee
24 shall cover only issues related to provisions of the
25 bill and amendments to the bill which were adopted by
26 either the senate or the house of representatives and
27 on which the senate and house of representatives
28 differed. If a conference committee report is not
29 acted upon because such action would violate this
30 subsection of this rule, the inaction on the report
Page 9
1 shall constitute refusal to adopt the conference
2 committee report and shall have the same effect as if
3 the conference committee had disagreed.
4 4. An agreement on recommendations must be
5 approved by at least three members from each house.
6 The committee shall submit two originals of the report
7 signed by at least three members of each house with
8 one signed original and three copies to be submitted
9 to each house. The report shall first be acted upon
10 in the house originating the bill. Such action,
11 including all papers, shall be immediately referred by
12 the secretary of the senate or the chief clerk of the
13 house of representatives to the other house.
14 5. The report of agreement is debatable, but
15 cannot be amended. If the report contains recommended
16 amendments to the bill, adoption of the report shall
17 automatically adopt all amendments contained therein.
18 After the report is adopted, there shall be no more
19 debate, and the bill shall immediately be placed upon
20 its final passage.
21 6. Refusal of either house to adopt the conference
22 committee report has the same effect as if the
23 committee had disagreed.
24 7. If the conference committee fails to reach
25 agreement, a report of such failure signed by at least
26 three members of each house shall be given promptly to
27 each house. The bill shall be returned to the house
28 that originated the bill, the members of the committee
29 shall be immediately discharged, and a new conference
30 committee appointed in the same manner as the first
Page 10
1 conference committee.
2 8. The authority of a second or subsequent
3 conference committee shall cover free conference
4 during which the committee has authority to propose
5 amendments to any portion of a bill provided the
6 amendment is within the subject matter content of the
7 bill as passed by the house of origin or as amended by
8 the second house.
9 Rule 14
10 Enrollment and Authentication of Bills
11 A bill or resolution which has passed both houses
12 shall be enrolled in the house of origin under the
13 direction of either the secretary or the chief clerk
14 and its house of origin shall be certified by the
15 endorsement of the secretary of the senate or the
16 chief clerk of the house.
17 After enrollment, each bill shall be signed by the
18 president of the senate and by the speaker of the
19 house.
20 Rule 15
21 Concerning other Enrollments
22 All resolutions and other matters which are to be
23 presented to the governor for approval shall be
24 enrolled, signed, and presented in the same manner as
25 bills.
26 All resolutions and other matters which are not to
27 be presented to the governor or the secretary of state
28 shall be enrolled, signed, and retained permanently by
29 the secretary of the senate or chief clerk of the
30 house.
Page 11
1 Rule 16
2 Transmission of Bills to the Governor
3 After a bill has been signed in each house, it
4 shall be presented by the house of origin to the
5 governor by either the secretary of the senate or the
6 chief clerk of the house. The secretary or the chief
7 clerk shall report the date of the presentation, which
8 shall be entered upon the journal of the house of
9 origin.
10 Rule 17
11 Fiscal Notes
12 A fiscal note shall be attached to any bill or
13 joint resolution which reasonably could have an annual
14 effect of at least one hundred thousand dollars or a
15 combined total effect within five years after
16 enactment of five hundred thousand dollars or more on
17 the aggregate revenues, expenditures, or fiscal
18 liability of the state or its subdivisions. This rule
19 does not apply to appropriation and ways and means
20 measures where the total effect is stated in dollar
21 amounts.
22 Each fiscal note shall state in dollars the
23 estimated effect of the bill on the revenues,
24 expenditures, and fiscal liability of the state or its
25 subdivisions during the first five years after
26 enactment. The information shall specifically note
27 the fiscal impact for the first two years following
28 enactment and the anticipated impact for the
29 succeeding three years. The fiscal note shall specify
30 the source of the information. Sources of funds for
Page 12
1 expenditures under the bill shall be stated, including
2 federal funds. If the fiscal director cannot make an
3 accurate estimate, the director shall state the best
4 available estimate or shall state that no dollar
5 estimate can be made and state concisely the reason.
6 The preliminary determination of whether the bill
7 appears to require a fiscal note shall be made by the
8 legislative service bureau which shall send a copy of
9 the request to the legislative fiscal bureau unless
10 the requestor specifies the request is to be
11 confidential. Upon completion of the bill draft, the
12 legislative service bureau shall immediately send a
13 copy to the legislative fiscal director for review.
14 When a committee reports a bill to the floor, the
15 committee shall state in the report whether a fiscal
16 note is or is not required.
17 The legislative fiscal director shall review all
18 bills placed on the senate or house calendars to
19 determine whether the bills are subject to this rule.
20 Additionally, a legislator may request the
21 preparation of a fiscal note by the legislative fiscal
22 bureau for any bill or joint resolution introduced
23 which reasonably could be subject to this rule.
24 The legislative fiscal director shall cause to be
25 prepared and shall approve a fiscal note within a
26 reasonable time after receiving a request or
27 determining that a bill is subject to this rule. All
28 fiscal notes approved by the legislative fiscal bureau
29 director shall be transmitted immediately to the
30 secretary of the senate or the chief clerk of the
Page 13
1 house, after notifying the sponsor of the bill that a
2 fiscal note has been prepared, for publication in the
3 daily clip sheet. The secretary of the senate or
4 chief clerk of the house shall attach the fiscal note
5 to the bill as soon as it is available.
6 The legislative fiscal director may request the
7 cooperation of any state department or agency in
8 preparing a fiscal note.
9 A revised fiscal note may be requested by a
10 legislator if the fiscal effect of the bill has been
11 changed by adoption of an amendment. However, a
12 request for a revised fiscal note shall not delay
13 action on a bill unless so ordered by the presiding
14 officer of the house in which the bill is under
15 consideration.
16 If a date for adjournment has been set, then a
17 constitutional majority of the house in which the bill
18 is under consideration may waive the fiscal note
19 requirement during the three days prior to the date
20 set for adjournment.
21 Rule 18
22 Legislative Interns
23 Legislators may arrange student internships during
24 the legislative session with Iowa college, university,
25 or law school students, for which the students may
26 receive college credit at the discretion of their
27 schools. Each legislator is allowed only one intern
28 at a time per legislative session, and all interns
29 must be registered with the offices of the secretary
30 of the senate and the chief clerk of the house.
Page 14
1 The purpose of the legislative intern program shall
2 be: to provide useful staff services to legislators
3 not otherwise provided by the general assembly; to
4 give interested college, graduate, and law school
5 students practical experience in the legislative
6 process as well as providing a meaningful educational
7 experience; and to enrich the curriculum of
8 participating colleges and universities.
9 The secretary of the senate and the chief clerk of
10 the house or their designees shall have the following
11 responsibilities as regards the legislative intern
12 program:
13 1. Identify a supervising faculty member at each
14 participating institution who shall be responsible for
15 authorizing students to participate in the intern
16 program.
17 2. Provide legislators with a list of
18 participating institutions and the names of
19 supervising professors to contact if interested in
20 arranging for an intern.
21 3. Provide interns with name badges which will
22 allow them access to the floor of either house when
23 required to be present by the legislators for whom
24 they work.
25 4. Provide orientation materials to interns prior
26 to the convening of each session.
27 Rule 19
28 Administrative Rules Review Committee Bills
29 and Rule Referrals
30 A bill which relates to departmental rules and
Page 15
1 which is approved by the administrative rules review
2 committee by a majority of the committee's members of
3 each house is eligible for introduction in either
4 house at any time and must be referred to a standing
5 committee, which must take action on the bill within
6 three weeks of referral, except bills referred to
7 appropriations and ways and means committees.
8 If, on or after July 1, 1999, the administrative
9 rules review committee delays the effective date of a
10 rule until the adjournment of the next regular session
11 of the general assembly and the speaker of the house
12 or the president of the senate refers the rule to a
13 standing committee, the standing committee shall
14 review the rule within twenty-one days of the referral
15 and shall take formal committee action by sponsoring a
16 joint resolution to disapprove the rule, by proposing
17 legislation relating to the rule, or by refusing to
18 propose a joint resolution or legislation concerning
19 the rule. The standing committee shall inform the
20 administrative rules review committee of the committee
21 action taken concerning the rule.
22 Rule 20
23 Time of Committee Passage and Consideration of Bills
24 1. This rule does not apply to concurrent or
25 simple resolutions, joint resolutions nullifying
26 administrative rules, senate confirmations, bills
27 embodying redistricting plans prepared by the
28 legislative service bureau pursuant to chapter 42, or
29 bills passed by both houses in different forms.
30 Subsection 2 of this rule does not apply to
Page 16
1 appropriations bills, ways and means bills, legalizing
2 acts, administrative rules review committee bills,
3 bills sponsored by standing committees in response to
4 a referral from the president of the senate or the
5 speaker of the house of representatives relating to an
6 administrative rule whose effective date has been
7 delayed until the adjournment of the next regular
8 session of the general assembly by the administrative
9 rules review committee, bills cosponsored by majority
10 and minority floor leaders of one house, bills in
11 conference committee, and companion bills sponsored by
12 the majority floor leaders of both houses after
13 consultation with the respective minority floor
14 leaders. For the purposes of this rule, a joint
15 resolution is considered as a bill. To be considered
16 an appropriations or ways and means bill for the
17 purposes of this rule, the appropriations committee or
18 the ways and means committee must either be the
19 sponsor of the bill or the committee of first referral
20 in the originating house.
21 2. To be placed on the calendar in the house of
22 origin, a bill must be first reported out of the a
23 standing committee of first referral by Friday of the
24 9th 10th week of the first session and the 7th 8th
25 week of the second session. To be placed on the
26 calendar in the other house, a bill must be first
27 reported out of the a standing committee of first
28 referral by Friday of the 12th 13th week of the first
29 session and the 10th 11th week of the second session.
30 3. During the 10th 11th week of the first session
Page 17
1 and the 8th 9th week of the second session, each house
2 shall consider only bills originating in that house
3 and unfinished business. During the 13th 14th week of
4 the first session and the 11th 12th week of the second
5 session, each house shall consider only bills
6 originating in the other house and unfinished
7 business. Beginning with the 14th 15th week of the
8 first session and the 12th 13th week of the second
9 session, each house shall consider only bills passed
10 by both houses, bills exempt from subsection 2, and
11 unfinished business.
12 4. A motion to reconsider filed and not disposed
13 of on an action taken on a bill or resolution which is
14 subject to a deadline under this rule may be called up
15 at any time before or after the day of the deadline by
16 the person filing the motion or after the deadline by
17 the majority floor leader, notwithstanding any other
18 rule to the contrary.
19 Rule 21
20 Resolutions
21 1. A "concurrent resolution" is a resolution to be
22 adopted by both houses of the general assembly which
23 expresses the sentiment of the general assembly or
24 deals with temporary legislative matters. It may
25 authorize the expenditure, for any legislative
26 purpose, of funds appropriated to the general
27 assembly. A concurrent resolution is not limited to,
28 but may provide for a joint convention of the general
29 assembly, adjournment or recess of the general
30 assembly, or requests to a state agency or to the
Page 18
1 general assembly or a committee. A concurrent
2 resolution requires the affirmative vote of a majority
3 of the senators or representatives present and voting
4 unless otherwise specified by statute. A concurrent
5 resolution does not require the governor's approval
6 unless otherwise specified by statute. A concurrent
7 resolution shall be filed with the secretary of the
8 senate or the chief clerk of the house. A concurrent
9 resolution shall be printed in the bound journal after
10 its adoption.
11 2. A "joint resolution" is a resolution which
12 requires for approval the affirmative vote of a
13 constitutional majority of each house of the general
14 assembly. A joint resolution which appropriates funds
15 or enacts temporary laws must contain the clause "Be
16 It Enacted by the General Assembly of the State of
17 Iowa:", is equivalent to a bill, and must be
18 transmitted to the governor for his approval. A joint
19 resolution which proposes amendments to the
20 Constitution of the State of Iowa, ratifies amendments
21 to the Constitution of the United States, proposes a
22 request to Congress or an agency of the government of
23 the United States of America, proposes to Congress an
24 amendment to the Constitution of the United States of
25 America, nullifies an administrative rule, or creates
26 a special commission or committee must contain the
27 clause "Be It Resolved by the General Assembly of the
28 State of Iowa:" and shall not be transmitted to the
29 governor. A joint resolution shall not amend a
30 statute in the Code of Iowa.
Page 19
1 Rule 22
2 Nullification Resolutions
3 A "nullification resolution" is a joint resolution
4 which nullifies all of an administrative rule, or a
5 severable item of an administrative rule adopted
6 pursuant to chapter 17A of the Code. A nullification
7 resolution shall not amend an administrative rule by
8 adding language or by inserting new language in lieu
9 of existing language.
10 A nullification resolution is debatable, but cannot
11 be amended on the floor of the house or senate. The
12 effective date of a nullification resolution shall be
13 stated in the resolution. Any motions filed to
14 reconsider adoption of a nullification resolution must
15 be disposed of within one legislative day of the
16 filing.
17 Rule 23
18 Consideration of Vetoes
19 1. The senate and house calendar shall include a
20 list known as the "Veto Calendar." The veto calendar
21 shall consist of:
22 a. Bills returned to that house by the governor in
23 accordance with Article III, section 16 of the
24 Constitution of the State of Iowa.
25 b. Appropriations items returned to that house by
26 the governor in accordance with Article III, section
27 16 of the Constitution of the State of Iowa.
28 c. Bills and appropriations items received from
29 the other house after that house has voted to override
30 a veto of them by the governor.
Page 20
1 2. Vetoed bills and appropriations items shall
2 automatically be placed on the veto calendar upon
3 receipt. Vetoed bills and appropriations items shall
4 not be referred to committee.
5 3. Upon first publication in the veto calendar,
6 the senate majority leader or the house majority
7 leader may call up a vetoed bill or appropriations
8 item at any time.
9 4. The affirmative vote of two-thirds of the
10 members of the body by record roll call is required on
11 a motion to override an executive veto or item veto.
12 5. A motion to override an executive veto or item
13 veto is debatable. A vetoed bill or appropriation
14 item cannot be amended in this case.
15 6. The vote by which a motion to override an
16 executive veto or item veto passes or fails to pass
17 either house is not subject to reconsideration under
18 senate rule 24 or house rule 73.
19 7. The secretary of the senate or the chief clerk
20 of the house shall immediately notify the other house
21 of the adoption or rejection of a motion to override
22 an executive veto or item veto.
23 8. All bills and appropriations items on the veto
24 calendar shall be disposed of before adjournment sine
25 die, unless the house having a bill or appropriation
26 item before it declines to do so by unanimous consent.
27 9. Bills and appropriations items on the veto
28 calendar are exempt from deadlines imposed by joint
29 rule 20.
30 Rule 24 '
Page 21
1 Special Rules Regarding Redistricting for 2001
2 1. If, pursuant to chapter 42, either the senate
3 or the house of representatives rejects a
4 redistricting plan submitted by the legislative
5 service bureau, the house rejecting the plan shall
6 convey the reasons for the rejection of the plan to
7 the legislative service bureau by resolution.
8 2. If, pursuant to chapter 42, the legislative
9 service bureau submits a third redistricting plan as
10 provided by law, the senate and the house of
11 representatives, when considering a bill embodying
12 plan III, shall be allowed to accept for filing as
13 amendments only such amendments which constitute the
14 total text of a congressional plan without striking a
15 legislative redistricting plan, the total text of a
16 legislative redistricting plan without striking a
17 congressional plan, or the combined total text of a
18 congressional plan and a legislative redistricting
19 plan, and nonsubstantive, technical corrections to the
20 text of any such bills or amendments.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
Senate Concurrent Resolution 6 be immediately messaged to the
Senate.
MOTION TO RECONSIDER
(Senate Concurrent Resolution 5)
I move to reconsider the vote by which Senate Concurrent
Resolution 5 passed the House on February 7, 2001.
HUSER of Polk
GOVERNOR'S ITEM VETO MESSAGE
A copy of the following communication was received and placed on
file:
February 6, 2001
Dear President Kramer:
I hereby transmit Senate File 65, an Act providing supplemental funding for the
Low Income Home Energy Assistance Program (LIHEAP) for the current fiscal year.
As energy prices nationwide began to skyrocket this past winter and the weather
conditions continued to become more severe, I called on the federal government to
provide adequate funding for the LIHEAP program to assist Iowa's most vulnerable
citizens. Following an allocation of over $16 million in federal Emergency Contingency
Awards, the Iowa Division of Community Action Agencies projected the need for an
additional $20 million to maintain the same proportionate level of energy assistance
from LIHEAP as the previous year based on an estimated 20 percent increase in
eligible households applying for assistance. I responded to this need with a $20 million
solution generated from the extension of the energy efficiency charge from natural gas
customers amounting to approximately $1.94 per customer. Unfortunately, the
Republican Legislators rejected this solution, a solution that would have met the needs
of low income Iowans.
Republican Leaders in the Legislature devised a plan that they claimed would
provide $15 million to LIHEAP. However, Senate File 65 approved by the Legislature
authorizes only $13,006,346 in state funding to meet the $20 million need. While the
attempt is less than adequate, I am approving relief totaling $10.5 million for Iowans
who now, more than ever, need relief from their high energy bills.
The following sections of Senate File 65 are, therefore, approved on this date with
the noted exceptions, which I hereby disapprove.
I approve Section 1 appropriating $2,343,051 from the Innovations Fund. This
action will leave a balance of $16,772 in the fund resulting in no new projects being
funded until it can be sufficiently replenished. Adequate funding must be ensured for
the Innovations Fund in future years to continue to maximize efficiencies in state
government and realize significant cost savings.
I am unable to approve Section 2 appropriating $2,446,260 from the Housing
Program Fund. This section impacts the Down Payment/Closing Cost Grant Program,
the First Home/First Home Plus Program, and the Housing Assistance Fund through a
significant reduction in funding. These programs play an essential role in providing
decent, safe, and affordable housing to low-income individuals and families in Iowa.
The reduction passed by the Legislature will adversely impact the housing
opportunities for the very people targeted to receive heating assistance. To accept this
section would be taking from the very Iowans we are attempting to help, and I cannot
approve this appropriation.
It is with great reluctance that I approve Section 3 appropriating $4,127,270 of
currently unencumbered and unobligated funding from the Groundwater Protection
Fund. This fund was created for the specific purpose of protecting Iowa's valuable
water resources, and there is an ongoing need for incentives to meet this purpose.
However, the transfer of $4,127,270 from the Solid Waste Account within the
Groundwater Protection Fund will not impact current projects and will be used to meet
a more immediate need in Iowa today. While Senate File 65 appropriates up to
$6,553,024 from the Groundwater Protection Fund, only $4,127,270 is currently
unencumbered and unobligated and therefore available for transfer.
I approve Section 4 placing a cap on LIHEAP funding for residential weatherization
at $3,305,016. This action results in an additional $3,040,451 being made available for
direct assistance to low-income Iowans. Because weatherization provides a long-term
fix for high heating bills by improving the energy efficiency of low-income Iowans'
homes, it is penny wise and pound foolish to reduce funding available for permanent
prevention. However, I am directing the Division of Community Action Agencies to
take the existing carryover from the weatherization fund and apply it to the next
program year beginning April 1, 2001. Together with additional federal funding the
Division will receive for the next program year, the weatherization program will have
approximately $11 million available as compared to $9.5 million in estimated actual
expenditures for the current year. Therefore, local weatherization programs will
maintain an equivalent level and range of services.
I approve Section 5 providing Community Action Agencies the ability to deliver
assistance from LIHEAP to low-income Iowans. By placing a cap of $2,663,921 on the
administration of the program, Section 5 provides an additional $1,049,314 in LIHEAP
payments.
I approve Section 6 establishing a limit of $715,000 on expenditures for assessment
and resolution of energy problems.
I approve Section 7 dedicating all federal emergency funding in excess of the
original core funding for LIHEAP to assist eligible households meet their home energy
costs. Any future appropriations shall be used as direct assistance to those Iowans
most in need.
While unfortunately this is not enough funding to meet the need that currently
exists, this Act provides a significant amount of funding that will ease the pressure on
some working families, senior citizens, and people with disabilities forced to decide
between buying food, buying prescription drugs, or paying their heating bill.
For the above reasons, I hereby respectfully approve Senate File 65 with the
exceptions noted above. While approval of this Act will provide immediate relief, the
long-term answer to this problem is the development of a comprehensive energy policy
for the state to ensure a reliable supply and stable price.
Sincerely,
Thomas J. Vilsack
Governor
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\224 Kathryn Fink, Denison - For celebrating her 80th birthday.
2001\225 Henrietta Reimers, Denison - For celebrating her 80th birthday.
2001\226 Lucille and Ralph Kruse, Denison - For celebrating their 50th wedding
anniversary.
2001\227 Helen and Hubert Berens, Charter Oak - For celebrating their 60th
wedding anniversary.
2001\228 Hannah Anderson, Stratford - For celebrating her 90th birthday.
2001\229 Mildred and Loren Wing, Colfax - For celebrating their 60th wedding
anniversary.
2001\230 Shirley and Gordon Enyart, Prairie City - For celebrating their 50th
wedding anniversary.
2001\231 Naomi and Ernest Wieck, Dysart - For celebrating their 55th wedding
anniversary.
2001\232 Joyce and Edward Hosek, Clutier - For celebrating their 55th wedding
anniversary.
2001\233 Iola Petersen, Traer - For celebrating her 80th birthday.
2001\234 Ruth Glascock, Indianola - For celebrating her 80th birthday.
2001\235 Bessie and Kenneth McCoy, Indianola - For celebrating their 60th
wedding anniversary.
2001\236 Elda and Harold Perry, Toledo - For celebrating their 50th wedding
anniversary.
2001\237 Esther Betts, Coon Rapids - For celebrating her 80th birthday.
2001\238 Erin Pfiffner, Waukon - For attaining the Girl Scout Gold Award, the
highest award in Girl Scouting.
2001\239 Clarice and Dave Trotter, Newton - For celebrating their 60th wedding
anniversary.
2001\240 Darlyne and Larry Howard, Newton - For celebrating their 50th
wedding anniversary.
2001\241 Lela Herrick, Winterset - For celebrating her 90th birthday.
2001\242 Effie Wilkinson, Corning - For celebrating her 98th birthday.
2001\243 Neta and Joseph McPherron, Clarinda - For celebrating their 65th
wedding anniversary.
2001\244 Lottie Peterson, Missouri Valley - For celebrating her 85th birthday.
2001\245 Bill Lees, Boone - For celebrating his 80th birthday.
2001\246 Fred Wagaman, Boone - For celebrating his 90th birthday.
2001\247 Pearl Lycke, Boone - For celebrating her 103rd birthday.
2001\248 James and Ruth Lamer, Boone - For celebrating their 60th wedding
anniversary.
2001\249 Annie and Charles Ethington, Marshalltown - For celebrating their
50th wedding anniversary.
2001\250 Edna and Ed Ericson, Marshalltown - For celebrating their 50th
wedding anniversary.
2001\251 Luella Weber, Marshalltown - For celebrating her 80th birthday.
2001\252 Iva C. and Donald E. Showalter, Kalona - For celebrating their 50th
wedding anniversary.
2001\253 Hilda Wagner, Sigourney - For celebrating her 90th birthday.
2001\254 Janet and Charlie Gaffney, Manchester - For celebrating their 50th
wedding anniversary.
2001\255 Mr. and Mrs. Gilbert Ahrenstorff, Estherville - For celebrating their
75th wedding anniversary.
2001\256 Mr. and Mrs. Russell Westfall, Estherville - For celebrating their 50th
wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 166
Appropriations: Millage, Chair; Brunkhorst and Wise.
House File 177
Appropriations: Dolecheck, Chair; Heaton and Mascher.
House File 185
Appropriations: Heaton, Chair; Alons and Smith.
House File 199
State Government: Millage, Chair; Bradley and Tremmel.
House File 202
Agriculture: Baudler, Chair; Mertz and Rekow.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 108
Ways and Means: Hansen, Chair; Jochum and Sievers.
House Study Bill 109
Ways and Means: Sukup, Chair; Larson and Winckler.
House Study Bill 110
Ways and Means: Sukup, Chair; Fallon and Tymeson.
House Study Bill 111
Ways and Means: Shey, Chair; Kuhn and Larson.
House Study Bill 117
Education: Finch, Chair; Eddie and Stevens.
House Study Bill 118
Education: Boal, Chair; Roberts and Stevens.
House Study Bill 119
Environmental Protection: Gipp, Chair; Sievers and Witt.
House Study Bill 120
Natural Resources: Rayhons, Chair; Rekow and Scherrman.
House Study Bill 121
Agriculture: Klemme, Chair; Atteberry, Houser, Kuhn and Teig.
House Study Bill 122
State Government: Bradley, Chair; Garman and T. Taylor.
House Study Bill 123
Human Resources: De Boef, Chair; Carroll and Smith.
House Study Bill 124
Agriculture: Huseman, Chair; De Boef and Scherrman.
House Study Bill 125
State Government: Cormack, Chair; Garman, Jochum, Van Engelenhoven and
Reynolds.
House Study Bill 129
State Government: Bradley, Chair; Falck and Millage.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 127 Ways and Means
Updating the Iowa Code references to the Internal Revenue Code,
increasing the minimum filing income requirement for dependents,
lowering the threshold amount for making estimated payments for
corporations and financial institutions, increasing the estimated tax
payment standard for assessing a penalty for corporations and
financial institutions, and providing retroactive applicability dates
and an effective date.
H.S.B. 128 Ways and Means
Relating to a sales and use tax exemption for the purchase of certain
appliances meeting the energy efficiency standards of the federal
energy star program and providing an effective date.
H.S.B. 129 State Government
Providing for the protection of proprietary rights and collection of fees
and revenue for software, network designs, and technology
applications of the Iowa communications network.
H.S.B. 130 Transportation
Relating to the passengers in a motor vehicle operated by a person
pursuant to a school license.
H.S.B. 131 Ways and Means
Relating to sales and use taxes on the delivery of electricity and
natural gas.
H.S.B. 132 Human Resources
Designating chiropractors as licensed practitioners to whom clinical
privileges cannot be denied by a hospital under specified
circumstances.
H.S.B. 133 Judiciary
Prohibiting civil recovery under the dramshop Act by a person whose
intoxication contributed to injuries sustained as a result of the
person's intoxication and providing prospective and retroactive
applicability dates.
H.S.B. 134 Judiciary
Relating to policies and procedures regarding sexual offenses
occurring on community college and university campuses and private
postsecondary school premises.
H.S.B. 135 Judiciary
Relating to the imposition of an additional sentence of mandatory
parole or work release for persons convicted of certain criminal
offenses.
H.S.B. 136 Judiciary
Creating new criminal offenses related to the drug 3,4-
methylendioxymethamphetamine.
H.S.B. 137 Judiciary
Eliminating filing and service fees for plaintiffs seeking relief from
domestic abuse.
H.S.B. 138 Judiciary
Relating to the criminal offenses of enticing a minor away and sexual
exploitation of a minor and providing a penalty.
H.S.B. 139 Judiciary
Relating to an indigent criminal defendant seeking postconviction
relief and to the applicability of the Iowa administrative procedures
Act to postconviction actions.
H.S.B. 140 Judiciary
Relating to recovery of prejudgment interest in relation to an offer to
confess judgment.
H.S.B. 141 Judiciary
Relating to the exemption of certain rental property from city
enterprise liens.
H.S.B. 142 Environmental Protection
Relating to redemption of empty beverage containers, creating a
container redemption fund, appropriating certain fees, and providing
an applicability date.
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.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON COMMERCE AND REGULATION
Committee Bill (Formerly House Study Bill 51), permitting state banks to
establish additional bank offices, and containing effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass February 6, 2001.
COMMITTEE ON ECONOMIC DEVELOPMENT
Committee Bill (Formerly House Study Bill 46), relating to targeted industries
under the new jobs and income program.
Fiscal Note is not required.
Recommended Do Pass February 6, 2001.
Committee Bill (Formerly House Study Bill 47), amending the strategic planning
duties of the Iowa economic development board.
Fiscal Note is not required.
Recommended Do Pass February 6, 2001.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House Study Bill 62), relating to the duties and peace
officer employees of the department of public safety.
Fiscal Note is not required.
Recommended Amend and Do Pass February 6, 2001.
Committee Bill (Formerly House Study Bill 63), relating to judicial district
departments of correctional services by providing for a restitution lien for supervision
fees, for the establishment of a reserve peace officer force, and for authorization for the
sixth judicial district to extend a lease-purchase agreement, and providing an effective
date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 6, 2001.
Committee Bill (Formerly House Study Bill 66), relating to the victim rights
compensation fund.
Fiscal Note is not required.
Recommended Amend and Do Pass February 6, 2001.
Committee Bill (Formerly House Study Bill 80), relating to the appointment of an
acting or a temporary county attorney.
Fiscal Note is not required.
Recommended Do Pass February 6, 2001.
COMMITTEE ON NATURAL RESOURCES
Committee Bill (Formerly House Study Bill 30), relating to the regulatory
authority and procedures of the department of natural resources by providing for the
issuance of limited quota licenses and the issuance of licenses and permits by electronic
means.
Fiscal Note is not required.
Recommended Do Pass February 6, 2001.
RESOLUTION FILED
HR 14, by Mascher, Lensing, Myers and Foege, a resolution honoring
Christine Grant, former Women's Athletic Director of the University
of Iowa.
Laid over under Rule 25.
AMENDMENTS FILED
H-1041 H.F. 194 Committee on Judiciary
H-1042 H.F. 179 Kreiman of Davis
H-1043 H.F. 179 Shoultz of Black Hawk
On motion by Rants of Woodbury the House adjourned at 1:20
p.m., until 8:45 a.m., Thursday, February 8, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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