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House Journal: Monday, February 12, 2001

JOURNAL OF THE HOUSE

Thirty-sixth Calendar Day - Twenty-fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, February 12, 2001

Due to inclement weather the House did not convene on Friday,
February 9, 2001.

The House convened at 1:01 p.m., Monday, February 12, 2001,
Speaker pro tempore Sukup in the chair.

Prayer was offered by Reverend John Moorlach, pastor of the First
United Methodist Church, Indianola.

The Journal of Thursday, February 8, 2001 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Girl Scout Troop 2647 from
Davenport including: Jenny Devita, Kristin Wilson, Adrianne Foley,
Kate Maxwell, Sara Brimeyer, Sarah Peterson, Lauren Meanor and
Hannah and Heather Van Fossen, daughters of the Honorable Jamie
Van Fossen, state representative from Scott County.

INTRODUCTION OF BILLS

House File 230, by committee on economic development, a bill for
an act amending the strategic planning duties of the Iowa economic
development board.

Read first time and placed on the calendar.

House File 231, by committee on judiciary, a bill for an act
relating to the victim rights compensation fund.

Read first time and referred to committee on appropriations.

House File 232, by Rants, a bill for an act relating to the custody
of a child whose parent is convicted of an offense for which the person
is sentenced to imprisonment.


Read first time and referred to committee on human resources.

House File 233, by Brunkhorst, a bill for an act relating to the
taxation of state property rented or leased for commercial purposes
and including an applicability date.

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

House File 234, by Atteberry, Kuhn, Scherrman, Mascher,
Winckler, Murphy, Hatch, Frevert, Mertz, Reynolds, Smith, Falck,
Kreiman, Stevens, Dotzler, D. Taylor, May, Connors, Jochum, and
Foege, a bill for an act relating to motor vehicle fuels, by providing for
standards regulated by the department of agriculture and land
stewardship, providing for the transportation, sale, and dispensing of
oxygenated fuel, providing for tax revenues, and making penalties
applicable.

Read first time and referred to committee on agriculture.

House File 235, by Bradley and Bukta, a bill for an act relating to
moving traffic violations in school districts and increasing fines.

Read first time and referred to committee on transportation.

House File 236, by Stevens, Greimann, O'Brien, Schrader, Ford,
Mertz, T. Taylor, Lensing, Atteberry, Mascher, Petersen, Bukta,
Cohoon, Richardson, Witt, Falck, Foege, Dotzler, Reynolds, Quirk,
Kuhn, Bell, Hatch, Jochum, and Huser, a bill for an act relating to
the elderly services program and making an appropriation.

Read first time and referred to committee on appropriations.

House File 237, by Dotzler and Jenkins, a bill for an act relating
to the purchase or lease of items of general use by the department of
general services.

Read first time and referred to committee on state government.

House File 238, by Stevens and Frevert, a bill for an act relating
to utilization of the district management levy to pay the cost of
employee health insurance benefits.

Read first time and referred to committee on education.

House File 239, by committee on economic development, a bill for
an act relating to targeted industries under the new jobs and income
program.

Read first time and placed on the calendar.

QUORUM CALL

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

CONSIDERATION OF BILLS
Regular Calendar

House File 179, a bill for an act relating to excluding from
confinement dogs used by police or correctional officers, was taken up
for consideration.

Speaker Siegrist in the chair at 1:15 p.m.

Seng of Scott offered the following amendment H-1046 filed by him
and moved its adoption:

H-1046

1 Amend House File 179 as follows:
2 1. Page 1, line 10, by striking the words "two
3 weeks" and inserting the following: "two weeks ten
4 days".

Amendment H-1046 was adopted.

Shoultz of Black Hawk offered the following amendment H-1043
filed by him and moved its adoption:

H-1043

1 Amend House File 179 as follows:
2 1. Page 1, line 13, by inserting after the word
3 "dog" the following: "or a horse used by a law
4 enforcement agency, that is".

Amendment H-1043 was adopted.

Kreiman of Davis offered the following amendment H-1042 filed by
him and moved its adoption:

H-1042

1 Amend House File 179 as follows:
2 1. Page 1, line 14, by inserting after the word
3 "duties" the following: "which has bitten a person".

Amendment H-1042 was adopted.

Broers of Cerro Gordo moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (H.F. 179)

The ayes were, 98:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 




The nays were, 1:
Mascher

 


Absent or not voting, 1:
Barry

 


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 179 be immediately messaged to the Senate.

House File 89, a bill for an act relating to the supervision of
curriculum received via the Iowa communications network, was taken
up for consideration.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1037 filed by him on February 5, 2001.

Brunkhorst of Bremer 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. 89)

The ayes were, 66:
Alons Arnold Atteberry Barry
Baudler Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Carroll Chiodo Cormack De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Gipp Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Johnson
Kettering Klemme Kreiman Larson
Manternach May Mertz Metcalf
Millage Quirk Raecker Rants
Rayhons Rekow Roberts Shey
Sievers Stevens Sukup Teig
Tymeson Tyrrell Van Engelenhoven Van Fossen
Weidman Mr. Speaker
Siegrist

 


The nays were, 34:
Bell Bukta Cohoon Connors
Dotzler Foege Ford Frevert
Garman Greimann Jochum Kuhn
Larkin Lensing Mascher Murphy
Myers O'Brien Osterhaus Petersen
Reynolds Richardson Scherrman Schrader
Seng Shoultz Smith 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 89 be immediately messaged to the Senate.

House File 180, a bill for an act relating to exceptions to the
required participation in a court-approved course prior to the
granting of a final dissolution of marriage decree or the entering of a
final custody order, was taken up for consideration.

Kreiman of Davis offered amendment H-1045 filed by him as
follows:

H-1045

1 Amend House File 180 as follows:
2 1. Page 1, by inserting after line 25, the
3 following:
4 "Sec. . Section 598.19A, Code 2001, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 3A. If participation in the
7 court-approved course is waived or delayed for good
8 cause or is otherwise not required under this section,
9 the court shall order that the parties receive the
10 information described in subsection 4 through an
11 alternative format."


Kreiman of Davis offered the following amendment H-1048, to
amendment H-1045, filed by him from the floor and moved its
adoption:

H-1048

1 Amend the amendment, H-1045, to House File 180 as
2 follows:
3 1. Page 1, line 9, by striking the word "shall"
4 and inserting the following: "may".

Amendment H-1048 was adopted.

On motion by Kreiman of Davis amendment H-1045, as amended,
was adopted.

Eichhorn of Hamilton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (H.F. 180)

The ayes were, 99:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman Horbach Houser
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Fossen Warnstadt Weidman Winckler
Wise Witt Mr. Speaker
Siegrist

 


The nays were, 1:
Van Engelenhoven

 


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 180 be immediately messaged to the Senate.

HOUSE FILE 181 REFERRED

The Speaker announced that House File 181, presently placed on
the calendar was referred to committee on appropriations.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on February 8,
2001. Had I been present, I would have voted "aye" on Senate File
63.

MERTZ of Kossuth

I was necessarily absent from the House chamber on February 8,
2001. Had I been present, I would have voted "aye" on Senate File
63.

O'BRIEN of Boone

BILL ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill
has been examined and found correctly enrolled, signed by the Speaker of the House

and the President of the Senate, and presented to the Governor for his approval on this
12th day of February, 2001: House File 103.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

COMMUNICATION RECEIVED

The following communication was received and filed in the office of
the Chief Clerk:

DEPARTMENT OF JUSTICE

The OWI Task Force Report, pursuant to Chapter 321J, Code of Iowa.

CERTIFICATES OF RECOGNITION

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

MARGARET A. THOMSON
Chief Clerk of the House

2001\261 Rick Allen Van Voorst, Sioux Center - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2001\262 Edna and Walter Jahn, Ute - For celebrating their 60th wedding
anniversary.

2001\263 Mr. And Mrs. Edward Wigg, Schleswig - For celebrating their 60th
wedding anniversary.

2001\264 Ada Baker, Whiting - For celebrating her 90th birthday.

2001\265 Arlene Elwell, Denison - For celebrating her 80th birthday.

2001\266 Leona Pautsch, Charter Oak - For celebrating her 95th birthday.

2001\267 Mary Bersee, Schaller - For celebrating her 80th birthday.

2001\268 Carl Sproul, Lake View - For celebrating his 86th birthday.

2001\269 Esther and Harry Endrulat, Holstein - For celebrating their 50th
wedding anniversary.


2001\270 Dorothy and Warren Bohnenkamp, Lake View - For celebrating their
55th wedding anniversary.

2001\271 Dorothy and Gerald Hines, Sac City - For celebrating their 60th
wedding anniversary.

2001\272 Virgie and Gaylord Lund, Battle Creek - For celebrating their 60th
wedding anniversary.

2001\273 Ruth and Marvin Mooney, Nemaha - For celebrating their 72nd
wedding anniversary.

2001\274 Polly Madden, Indianola - For celebrating her 90th birthday.

2001\275 Violet Hildreth, Indianola - For celebrating her 94th birthday.

2001\276 Dorothy and Donald Kading, Indianola - For celebrating their 60th
wedding anniversary.

2001\277 Will Carter, Cedar Falls - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\278 Eleanor and Rex Engebretson, Thornton - For celebrating their 50th
wedding anniversary.

2001\279 Ruth and Merle Pannhoff, Ventura - For celebrating their 50th wedding
anniversary.

2001\280 Shirley and Howard Reed, Thornton - For celebrating their 50th
wedding anniversary.

2001\281 Leora Nye, Clear Lake - For celebrating her 89th birthday.

2001\282 Mervin Teig, Mason City - For celebrating his 85th birthday.

2001\283 Phil Bieber, Ventura - For celebrating his 80th birthday.

2001\284 Minnie Pearl Burdock, What Cheer - For celebrating her 96th birthday.

2001\285 Grace Norenberg, Keota - For celebrating her 90th birthday.

2001\286 Mr. and Mrs. Marvin Kirby, Delta - For celebrating their 50th wedding
anniversary.

2001\287 Mrs. Valburgia Streigle, Delta - For celebrating her 90th birthday.

2001\288 Barbara and Dennison Tabor, Baldwin - For celebrating their 50th
wedding anniversary.

2001\289 Mary and Gerald Beck, Bellevue - For celebrating their 50th wedding
anniversary.


2001\290 Edythe Hart, Shenandoah - For celebrating her 90th birthday.

2001\291 Mr. and Mrs. Rodger Long, New Market - For celebrating their 60th
wedding anniversary.

2001\292 Rhonda Millhollin, Corning - For being commissioned by the State of
Iowa to create pottery Oak Leaf Bowls.

2001\293 Brian Bartlett, Keokuk - For receiving the All-State Award for
Excellence in Academics and Football.

2001\294 Cathryn Kringlen, Oelwein - For celebrating her 80th birthday.

2001\295 Mary and Luke Kuennen, Oelwein - For celebrating their 50th wedding
anniversary.

2001\296 Anna Shaw, Independence - For celebrating her 92nd birthday.

2001\297 Alberta Sherrets, Independence - For celebrating her 80th birthday.

2001\298 Clara Mae "Susie" Poock, Waterloo - For celebrating her 80th birthday.

2001\299 Mr. and Mrs. Ralph Gipper, Fairbank - For celebrating their 55th
wedding anniversary.

2001\300 Bernita and Herb Hoeger, Maynard - For celebrating their 60th
wedding anniversary.

2001\301 Helen McFerrin, Modale - For celebrating her 90th birthday.

2001\302 Norma and Donald Taylor, Woodbine - For celebrating their 50th
wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House File 181

Appropriations: Heaton, Chair; Alons and Smith.

House File 225

State Government: Brauns, Chair; Chiodo and Van Engelenhoven.

House File 227

State Government: Brauns, Chair; Falck and Gipp.

House File 231

Appropriations: Horbach, Chair; Bell and Brunkhorst.


House File 236

Appropriations: Alons, Chair; Brunkhorst and Mertz.

RESOLUTION FILED

HCR 9, by committee on agriculture, a concurrent resolution to
request that the Congress of the United States maintain its
commitment to clean air and the ethanol industry, by maintaining
the oxygenate requirement in the federal Clean Air Act that promotes
the use of ethanol in reformulated gasoline, and urging the United
States Environmental Protection Agency to resist California's
attempt to waive the oxygenate requirement in that state.

Placed on calendar.

AMENDMENTS FILED

H-1047 H.R. 11 Carroll of Poweshiek
H-1049 H.F. 178 Boddicker of Cedar
Tremmel of Wapello

On motion by Rants of Woodbury the House adjourned at 2:05
p.m., until 8:45 a.m., Tuesday, February 13, 2001.

Previous Day: Thursday, February 8Next Day: Tuesday, February 13
Senate Journal: Index House Journal: Index
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