House Journal: Wednesday, February 14, 2001
JOURNAL OF THE HOUSE
Thirty-eighth Calendar Day - Twenty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 14, 2001
The House met pursuant to adjournment at 8:48 a.m., Speaker
Siegrist in the chair.
Prayer was offered by Reverend Gary F. Smith, pastor of the First
Church of the Nazarene, Oskaloosa.
The Journal of Tuesday, February 13, 2001 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Garman of Story, until her arrival, on request of Rants of Woodbury; Boddicker of
Cedar, until his arrival, on request of Tyrrell of Iowa; Kreiman of Davis, until his
arrival, on request of Myers of Johnson.
INTRODUCTION OF BILLS
House File 254, by Baudler, a bill for an act requiring certain
criminal defendants to submit a physical specimen for DNA profiling.
Read first time and referred to committee on judiciary.
House File 255, by Bradley, a bill for an act relating to moneys in
the solid waste account of the groundwater protection fund.
Read first time and referred to committee on environmental
protection.
House File 256, by Grundberg, a bill for an act relating to health
care facility regulation, including information to be included in a
notice of a deficiency and including the collaboration of the
department of inspections and appeals and the state fire marshal in
promulgating rules.
Read first time and referred to committee on state government.
House File 257, by Kreiman, a bill for an act providing for
labeling requirements for genetically modified seeds and making
penalties applicable.
Read first time and referred to committee on agriculture.
House File 258, by Kreiman, a bill for an act relating to a
criminal defendant on bail submitting a physical specimen for the
performance of a drug test as a condition of release.
Read first time and referred to committee on judiciary.
House File 259, by committee on state government, a bill for an
act relating to the duties and office of the secretary of state in
commissioning notarial officers.
Read first time and placed on the calendar.
House File 260, by Hansen, a bill for an act relating to the
property tax levy for community college facilities and providing for
the Act's applicability.
Read first time and referred to committee on ways and means.
House File 261, by Heaton, a bill for an act eliminating the
reemployment earnings limitation under the Iowa public employees'
retirement system for a retired member reemployed as a substitute
teacher.
Read first time and referred to committee on state government.
House File 262, by Heaton, a bill for an act relating to the use of
generally accepted accounting principles by nursing facilities.
Read first time and referred to committee on human resources.
House File 263, by Quirk, a bill for an act providing internet
access through the Iowa communications network for rural
communities meeting specified criteria.
Read first time and referred to committee on state government.
House File 264, by Gipp, Alons, Johnson, Kettering, Barry,
Hoffman, Dolecheck, Drake, De Boef, and Rekow, a bill for an act
relating to the distribution of tax revenues from the local option sales
and services tax for school infrastructure purposes collected in a
county and including an effective and applicability date provision.
Read first time and referred to committee on ways and means.
House File 265, by Drake, a bill for an act to prohibit the
discharge of certain firearms within the right-of-way of a highway
and subjecting violators to a penalty.
Read first time and referred to committee on natural resources.
House File 266, by Boggess, a bill for an act relating to the
disclosure of ownership of a funeral or cremation establishment.
Read first time and referred to committee on commerce and
regulation.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
February 13, 2001, passed the following bill in which the concurrence of the House is
asked:
Senate File 66, a bill for an act relating to state general fund expenditure limitation
requirements for transmission of the state budget by the governor and passage of the
state budget by the general assembly.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGE CONSIDERED
Senate File 66, by committee on appropriations, a bill for an act
relating to state general fund expenditure limitation requirements for
transmission of the state budget by the governor and passage of the
state budget by the general assembly.
Read first time and referred to committee on appropriations.
SPECIAL PRESENTATION
Jenkins of Black Hawk introduced to the House a delegation of
legislators from Saskatchewan Canada including: Milt Wakefield,
Daryl Wiberg, and the Assistant to the Speaker, Margaret Kleisinger
as well as Lindy Kasperski, a member of the Government Caucus.
They were here to learn more about the Iowa legislature.
The House rose and expressed its welcome.
HOUSE FILE 104 WITHDRAWN
Shey of Linn asked and received unanimous consent to withdraw
House File 104 from further consideration by the House.
CONSIDERATION OF BILLS
Regular Calendar
House File 222, a bill for an act permitting banks in Iowa to
establish additional bank offices, and containing effective dates, was
taken up for consideration.
Shey of Linn 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. 222)
The ayes were, 95:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Falck | Finch |
|
Foege | Ford | Frevert | 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 | Warnstadt | Weidman | Winckler |
|
Wise | Witt | Mr. Speaker |
|
| | Siegrist |
|
|
The nays were, 1:
Absent or not voting, 4:
|
Boddicker | Garman | Van Engelenhoven | Van Fossen |
|
|
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 222 be immediately messaged to the Senate.
House File 194, a bill for an act relating to nonsubstantive Code
corrections and including effective and retroactive applicability
provisions, was taken up for consideration.
Raecker of Polk offered the following amendment H-1041 filed by
the committee on judiciary and moved its adoption:
H-1041
1 Amend House File 194, as follows:
2 1. Page 11, by inserting after line 8, the
3 following:
4 "Sec. . Section 147.80, subsection 13, Code
5 2001, is amended to read as follows:
6 13. License to practice nursing issued upon the
7 basis of an examination given by the board of nurse
8 examiners nursing, license to practice nursing based
9 on an endorsement from another state, territory or
10 foreign country, renewal of a license to practice
11 nursing."
12 2. Page 21, by inserting after line 15, the
13 following:
14 "Sec. . Section 714.19, subsection 2, Code
15 2001, is amended to read as follows:
16 2. Schools of nursing accredited by the board of
17 nurse examiners nursing or an equivalent public board
18 of another state or foreign country."
19 3. By numbering, renumbering, and changing
20 internal references as necessary.
The committee amendment H-1041 was adopted.
Raecker of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question “Shall the bill pass?” (H.F. 194)
The ayes were, 97:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | 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 |
|
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 Engelenhoven | Warnstadt |
|
Weidman | Winckler | Wise | Witt |
|
Mr. Speaker |
|
Siegrist |
|
|
The nays were, none.
Absent or not voting, 3:
|
Boddicker | Garman | Van Fossen |
|
|
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 194 be immediately messaged to the Senate.
On motion by Rants of Woodbury, the House was recessed at 9:16
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker pro tempore Sukup in
the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-three members present,
twenty-seven absent.
INTRODUCTION OF BILLS
House File 267, by committee on environmental protection, a bill
for an act renaming the waste management assistance division of the
department of natural resources.
Read first time and placed on the calendar.
House File 268, by committee on transportation, a bill for an act
relating to speed limits for vehicular traffic on interstate and fully
controlled-access, divided, multilaned highways.
Read first time and placed on the calendar.
House File 269, by committee on commerce and regulation, a bill
for an act relating to balloon payments on consumer loans secured by
a certificate of title in a motor vehicle.
Read first time and placed on the calendar.
House File 270, by committee on judiciary, a bill for an act
striking certain filing requirements related to campus crime statistics
and sexual abuse policies.
Read first time and placed on the calendar.
House File 271, by committee on commerce and regulation, a bill
for an act adding specified document preparation and modification to
the list of acts defining the activities of a real estate broker.
Read first time and placed on the calendar.
House File 272, by committee on judiciary, a bill for an act
relating to felonious misconduct by a public officer or employee and
providing a penalty.
Read first time and placed on the calendar.
CONSIDERATION OF BILLS
Regular Calendar
House Joint Resolution 5, a joint resolution to nullify an
administrative rule of the department of revenue and finance relating
to the collection of a fee to recover direct costs in the administration
of a local option sales and services tax and providing an effective date,
with report of committee recommending passage, was taken up for
consideration.
Metcalf of Polk moved that the joint resolution be read a last time
now and placed upon its adoption and the joint resolution was read a
last time.
On the question “Shall the joint resolution be adopted and agreed
to?” (H.J.R. 5)
The ayes were, 80:
|
Alons | Arnold | Atteberry | Barry |
|
Boal | Boddicker | Boggess | Bradley |
|
Brauns | Broers | Brunkhorst | Bukta |
|
Carroll | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Fallon | Finch | Ford | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Horbach | Houser |
|
Hoversten | Huseman | Huser | Jacobs |
|
Jenkins | Jochum | Johnson | Kreiman |
|
Kuhn | Larkin | Larson | Lensing |
|
Manternach | Mascher | May | Mertz |
|
Metcalf | Millage | O'Brien | Petersen |
|
Quirk | Raecker | Rants | Rayhons |
|
Rekow | Reynolds | Roberts | Seng |
|
Shey | Shoultz | Sievers | Smith |
|
Taylor, T. | Teig | Tremmel | Tymeson |
|
Tyrrell | Van Fossen | Warnstadt | Weidman |
|
Winckler | Wise | Witt | Sukup, |
|
| | | Presiding |
|
|
The nays were, 18:
|
Baudler | Bell | Dolecheck | Falck |
|
Foege | Frevert | Hoffman | Kettering |
|
Klemme | Murphy | Myers | Osterhaus |
|
Richardson | Scherrman | Schrader | Stevens |
|
Taylor, D. | Van Engelenhoven |
|
|
Absent or not voting, 2:
The joint resolution having received a constitutional majority was
declared to have been adopted and agreed to by the House.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House Joint Resolution 5 be immediately messaged to the Senate.
House File 178, a bill for an act applying child in need of
assistance and child abuse provisions to a child whose parent or
guardian or the person responsible for the child's care has
manufactured or possessed a dangerous substance in a child's
presence, was taken up for consideration.
Boddicker of Cedar offered the following amendment H(1049 filed
by him and Tremmel of Wapello and moved its adoption:
H-1049
1 Amend House File 178 as follows:
2 1. Page 1, by striking lines 3 through 5 and
3 inserting the following:
4 "NEW PARAGRAPH. p. Whose parent, guardian, or
5 custodian does any of the following: unlawfully
6 manufactures a dangerous substance in the presence of
7 a child, knowingly allows such manufacture by another
8 person in the presence of a child, or in the presence
9 of a child possesses a product".
10 2. Page 1, line 14, by striking the words "or the
11 home's premises" and inserting the following: ", on
12 the premises, or in a motor vehicle located on the
13 premises".
14 3. Page 1, by striking lines 25 through 31 and
15 inserting the following:
16 "(c) a chemical or combination of chemicals that
17 poses a reasonable risk of causing an explosion, fire,
18 or other danger to the life or health of persons who
19 are in the vicinity while the chemical or combination
20 of chemicals is used or is intended to be used in any
21 of the following:
22 (i) The process of manufacturing an illegal or
23 controlled substance.
24 (ii) As a precursor in the manufacturing of an
25 illegal or controlled substance.
26 (iii) As an intermediary in the manufacturing of
27 an illegal or controlled substance."
Amendment H(1049 was adopted.
Boddicker of Cedar moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question “Shall the bill pass?” (H.F. 178)
The ayes were, 96:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Carroll | Chiodo |
|
Cohoon | Connors | Cormack | De Boef |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Falck | Fallon |
|
Finch | Foege | Frevert | 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 | Taylor, D. | Taylor, T. |
|
Teig | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Winckler | Wise | Witt | Sukup, |
|
| | | Presiding |
|
|
The nays were, 1:
Absent or not voting, 3:
|
Dix | Garman | Siegrist, Spkr. |
|
|
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 178 be immediately messaged to the Senate.
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\325 Megan Wettach, Mt. Pleasant - For receiving a 2001 Prudential Spirit
of Community Award.
2001\326 Juanita and Kenneth Bushman, Iowa City - For celebrating their 50th
wedding anniversary.
2001\327 Bonnie and Ted Walker, Boone - For celebrating their 50th wedding
anniversary.
2001\328 Katherine and Ervin Crouse, Boone - For celebrating their 68th
wedding anniversary.
2001\329 Lois Matre-Hanson, Estherville - For celebrating her 80th birthday.
2001\330 Greg Kollasch, Spirit Lake - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2001\331 Lillian and Neil Williams, Cedar Falls - For Outstanding Christian
Lay Work in Developing Countries as a teacher and a medical
missionary.
SUBCOMMITTEE ASSIGNMENTS
House File 66
Local Government: Van Engelenhoven, Chair; Arnold and Reynolds.
House File 195
Transportation: Garman, Chair; Eddie and Warnstadt.
House File 235
Transportation: Klemme, Chair; Bukta and Van Engelenhoven.
House File 246
Human Resources: Hoversten, Chair; Reynolds and Roberts.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 130
Transportation: Heaton, Chair; Bukta and Garman.
House Study Bill 144
Economic Development: Cormack, Chair; O'Brien and Roberts.
House Study Bill 145
Economic Development: Hoversten, Chair; Boggess and Seng.
House Study Bill 146
Economic Development: Van Fossen, Chair; Hatch and Hoversten.
House Study Bill 147
Transportation: Huser, Chair; Arnold, Brauns, Eddie and May.
House Study Bill 148
Commerce and Regulation: Shey, Chair; Chiodo and Hoffman.
House Study Bill 149
Commerce and Regulation: Dix, Chair; Falck, Hoffman, Metcalf and Petersen.
House Study Bill 150
Commerce and Regulation: Jacobs, Chair; Raecker and Wise.
House Study Bill 151
Commerce and Regulation: Metcalf, Chair; Raecker and Wise.
House Study Bill 152
Commerce and Regulation: Hoffman, Chair; Jacobs and Petersen.
House Study Bill 153
Commerce and Regulation: Jenkins, Chair; Bradley, Chiodo, Hansen, Metcalf,
D. Taylor and Wise.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 154 Human Resources
Providing for a legal risk waiver in interstate adoptions.
H.S.B. 155 Local Government
Relating to the administrative procedures of certain county officers by
authorizing the issuance of checks, providing for the cancellation of
warrants and checks, the disposal of tax lists, and the receipt of
electronic payments, specifying tax sale costs and the mailing address
for changes of titles and deeds, providing for other properly related
matters, and providing an effective date.
H.S.B. 156 Local Government
Providing for the collection, deposit, and appropriation of moneys to
counties derived from fees for filing statements under the uniform
commercial code.
H.S.B. 157 Education
Relating to certain school finance provisions and providing an
effective 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 ENVIRONMENTAL PROTECTION
Committee Bill (Formerly House Study Bill 43), renaming the waste management
assistance division of the department of natural resources.
Fiscal Note is not required.
Recommended Do Pass February 13, 2001.
COMMITTEE ON LOCAL GOVERNMENT
Committee Bill (Formerly House File 79), limiting the liability of rural water
districts and associations in connection with the provision of water for fire protection.
Fiscal Note is not required.
Recommended Amend and Do Pass February 13, 2001.
COMMITTEE ON NATURAL RESOURCES
House File 95, a bill for an act relating to the time of possession of deer venison,
increasing the minimum fine for unlawful taking, possessing, injuring, or transporting
protected species and game, and subjecting violators to a penalty.
Fiscal Note is not required.
Recommended Do Pass February 13, 2001.
Pursuant to Rule 31.7, House File 95 was referred to the committee on
ways and means.
COMMITTEE ON TRANSPORTATION
Committee Bill (Formerly House File 115), relating to speed limits for vehicular
traffic on interstate and fully controlled-access, divided, multilaned highways.
Fiscal Note is required.
Recommended Do Pass February 13, 2001.
RESOLUTION FILED
HCR 12, by Greimann, a concurrent resolution supporting the lifting
of nonmilitary sanctions against Iraq by the United States
government.
Laid over under Rule 25.
On motion by Rants of Woodbury the House adjourned at 2:17
p.m., until 8:45 a.m., Thursday, February 15, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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