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House Journal: Wednesday, February 21, 2001

JOURNAL OF THE HOUSE

Forty-fifth Calendar Day - Thirtieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 21, 2001

The House met pursuant to adjournment at 8:45 a.m., Speaker
Siegrist in the chair.

The Lord's Prayer was sung by John Feller, House Doorman, Des
Moines.

The Journal of Tuesday, February 20, 2001 was approved.

INTRODUCTION OF BILLS

House File 326, by committee on judiciary, a bill for an act
relating to the mediation process in civil rights cases.

Read first time and placed on the calendar.

House File 327, by committee on judiciary, a bill for an act
relating to the criminal offenses of enticing a minor away and sexual
exploitation of a minor and providing a penalty.

Read first time and placed on the calendar.

House File 328, by Jochum, a bill for an act providing for the
assignment of pension benefits from state-administered retirement
systems for the payment of health insurance coverage premiums.

Read first time and referred to committee on state government.

House File 329, by Jochum, a bill for an act creating an energy
conservation program, tax credits, and an energy conservation
program revolving fund.

Read first time and referred to committee on environmental
protection.


House File 330, by Jenkins, a bill for an act establishing a
continuous improvement program for community colleges.

Read first time and referred to committee on economic
development.

House File 331, by Baudler, a bill for an act relating to the
testing of individuals and the release of the results of tests for
communicable and infectious diseases and for the human
immunodeficiency virus.

Read first time and referred to committee on human resources.

House File 332, by Kreiman, a bill for an act relating to certain
means-tested programs by requiring exclusion of the cost of motor
vehicle financial liability coverage in considering an individual's
initial and ongoing eligibility for the program.

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

House File 333, by Falck, a bill for an act providing for the
establishment of an advanced telecommunications services
community assistance fund.

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

House File 334, by Kreiman, a bill for an act requiring the
department of general services to conduct a study on state vehicle
headlight use.

Read first time and referred to committee on transportation.

House File 335, by Boddicker, a bill for an act establishing a
choose life motor vehicle registration plate and appropriating fees
from such plates for adoption-related services.

Read first time and referred to committee on transportation.


House File 336, by Richardson, a bill for an act relating to the
imposition and distribution of revenues from a local sales and
services tax for school infrastructure purposes and including an
effective date.

Read first time and referred to committee on local government.

House File 337, by Arnold, a bill for an act relating to the daily
catch and possession limits for crappies and subjecting violators to an
existing penalty.

Read first time and referred to committee on natural resources.

House File 338, by Baudler, a bill for an act relating to child in
need of assistance requirements involving physical and mental
examinations involving medically relevant tests.

Read first time and referred to committee on human resources.

House File 339, by Schrader, a bill for an act regulating the siting
of confinement feeding operations by counties.

Read first time and referred to committee on agriculture.

House File 340, by Schrader, a bill for an act relating to the duty
of care of third-party payors, liability for breach of the duty, and
certain other prohibitions and exclusions.

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

House File 341, by Boddicker, Mertz, Hoversten, De Boef,
Johnson, Tyrrell, Boal, Manternach, Rekow, Baudler, Alons,
Rayhons, Heaton, Dix, O'Brien, Broers, Roberts, Dolecheck, Klemme,
Gipp, Brauns, Barry, Cormack, Sukup, Brunkhorst, Rants, Shey,
Sievers, Quirk, Eichhorn, Carroll, Raecker, Finch, Teig, Hoffman,
Millage, Larson, Garman, Van Fossen, Chiodo, Eddie,
Van Engelenhoven, Tremmel, Seng, Drake, Horbach, and Osterhaus,
a bill for an act relating to informed consent to an abortion and
providing a criminal penalty, and providing an effective date.


Read first time and referred to committee on human resources.

House File 342, by Hatch, a bill for an act extending the statute
of limitations period for filing a criminal charge of incest.

Read first time and referred to committee on judiciary.

House File 343, by Schrader, a bill for an act relating to casual
sales for purposes of the sales and use tax exemption and including
an effective date.

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

House File 344, by Foege, Smith, Falck, Greimann, Osterhaus,
Myers, Kreiman, Mascher, Jochum, Huser, and Bukta, a bill for an
act establishing a child protection center grant program.

Read first time and referred to committee on human resources.

House File 345, by Warnstadt, a bill for an act relating to lighting
equipment for funeral procession escort vehicles.

Read first time and referred to committee on transportation.

House File 346, by Warnstadt, a bill for an act relating to
eligibility for ex-prisoner of war special motor vehicle registration
plates.

Read first time and referred to committee on transportation.

House File 347, by Richardson, a bill for an act relating to the
disposition of unclaimed deer venison processed by a meat and
poultry processing establishment.

Read first time and referred to committee on natural resources.

House File 348, by Murphy and Warnstadt, a bill for an act
providing for the use of national guard special motor vehicle
registration plate fees for national guard educational assistance and
making an appropriation.

Read first time and referred to committee on transportation.

House File 349, by committee on economic development, a bill for
an act relating to the enterprise zone program by creating an eligible
development business portion of the program, amending the
incentives and assistance provisions available under the enterprise
zone program, and providing a retroactive applicability date.

Read first time and placed on the calendar.

House File 350, by committee on economic development, a bill for
an act relating to the enterprise zone program.

Read first time and placed on the calendar.

House File 351, by committee on transportation, a bill for an act
relating to the allocation of special fees collected from the sale of Iowa
heritage license plates.

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

House File 352, by committee on education, a bill for an act
relating to the administration and care of the Iowa battle flag
collection.

Read first time and placed on the calendar.

House File 353, by committee on education, a bill for an act
relating to the amount of classroom instruction offered in an
approved driver education course as programmed by the department
of education.

Read first time and placed on the calendar.

House File 354, by committee on judiciary, a bill for an act
relating to the pronouncement of death by a physician assistant, a
licensed practical nurse, or a registered nurse.

Read first time and placed on the calendar.

House File 355, by committee on education, a bill for an act
relating to the school year beginning date.

Read first time and placed on the calendar.


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 20, 2001, passed the following bill in which the concurrence of the House is
asked:

Senate File 186, a bill for an act providing for a tax levy for the county hospital fund
in certain counties and providing an effective date.

MICHAEL E. MARSHALL, Secretary

ADOPTION OF HOUSE CONCURRENT RESOLUTION 9

Klemme of Plymouth called up for consideration House
Concurrent Resolution 9, 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, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Regular Calendar

House File 218, a bill for an act relating to the appointment of an
acting or a temporary county attorney, was taken up for
consideration.

Baudler of Adair 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. 218)

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
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Hoffman Horbach
Houser Hoversten Huseman Huser
Jacobs Jenkins 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 Van Fossen Warnstadt Weidman
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Foege Ford Heaton Jochum

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 192, a bill for an act authorizing certain criminal
history and abuse record and registry access to the department of
inspections and appeals for purposes of data verification and record
checks of applicants for employment with the department, was taken
up for consideration.

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

On the question "Shall the bill pass?" (H.F. 192)

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
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen 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 Van Fossen Warnstadt Weidman
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Foege Ford Hatch Heaton

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 192, 218 and House Concurrent Resolution 9.

On motion by Rants of Woodbury, the House was recessed at 9:25
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:07 p.m., Speaker Siegrist in the chair.


LEAVE OF ABSENCE

Leave of absence was granted as follows:

Brauns of Muscatine on request of Brunkhorst of Bremer.

CONSIDERATION OF BILLS
Regular Calendar

House File 228, a bill for an act relating to the duties of the
department of public safety, was taken up for consideration.

Barry of Harrison offered the following amendment H-1050 filed
by her and Kreiman of Davis and moved its adoption:

H-1050

1 Amend House File 228 as follows:
2 1. Page 3, by inserting after line 10 the
3 following:
4 "Sec. . Section 135C.33, subsection 4, Code
5 2001, is amended to read as follows:
6 4. a person shall not be employed in a facility
7 licensed under this chapter unless an evaluation has
8 been performed by the department of human services.
9 If the department of human services determines from
10 the evaluation that the person has committed a crime
11 or has a record of founded child or dependent adult
12 abuse which warrants prohibition of employment, the
13 person shall not be employed in a facility licensed
14 under this chapter."
15 2. By renumbering as necessary.

Amendment H-1050 was adopted.

Barry of Harrison 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. 228)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley 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 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 Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 2:
Brauns Heaton

 


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 228 be immediately messaged to the Senate.

House File 230, a bill for an act amending the strategic planning
duties of the Iowa economic development board, was taken up for
consideration.

Roberts of Carroll 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. 230)


The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck 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 Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 1:
Fallon

 


Absent or not voting, 1:
Brauns

 


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 230 be immediately messaged to the Senate.

House File 267, a bill for an act renaming the waste management
assistance division of the department of natural resources, was taken
up for consideration.


Elgin 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. 267)

The ayes were, 99:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley 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 Engelenhoven
Van Fossen Warnstadt Weidman Winckler
Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 1:
Brauns

 


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 267 be immediately messaged to the Senate.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on February 21,
2001. Had I been present, I would have voted "aye" on House Files
192, 218 and 228.

HEATON of Henry

BILL SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on February 21, 2001, he approved and transmitted to the Secretary
of State the following bill:

House File 222, an act permitting banks in Iowa to establish additional bank
offices, and containing effective dates.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Several ninth grade students from Montezuma High School,
Montezuma, accompanied by Sheldon Groote. By Carroll of
Poweshiek.

Four students from Johnston School District, Johnston,
accompanied by Andy Fehn, Carol Moe and Ann Wiley. By Raecker of
Polk.

Six students from Urbandale Community Schools, Urbandale,
accompanied by Jeanne Van Genden and Paul Miller. By Raecker and
Metcalf of Polk.

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\356 Chester Smith, Clinton - For celebrating his 90th birthday.

2001\357 Edna Walrod, DeWitt - For celebrating her 100th birthday.

2001\358 Margaret Ferguson, DeWitt - For celebrating her 95th birthday.

2001\359 Georgia and Dean Peterson, Huxley - For celebrating their 50th
wedding anniversary.

2001\360 Thetis Bees, Grinnell - For celebrating her 90th birthday.

2001\361 Mykel Erickson, Maynard - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\362 Marian and Everett Nelson, Independence - For celebrating their 60th
wedding anniversary.

2001\363 Helen and Edward Woods, Anamosa - For celebrating their 60th
wedding anniversary.

2001\364 Donna and Herbert Rehmke, Oxford - For celebrating their 50th
wedding anniversary.

2001\365 Irene and Arlo Brady, Oxford - For celebrating their 60th wedding
anniversary.

2001\366 Velda and Wilfred Schatz, Monticello - For celebrating their 60th
wedding anniversary.

2001\367 Ruth and Bob Otten, Cedar Rapids - For celebrating their 50th wedding
anniversary.

2001\368 Joe Jilovec, Mt. Vernon - For celebrating his 85th birthday.

2001\369 Rose E. Svec, Cedar Rapids - For celebrating her 90th birthday.

2001\370 Millard Benedickt, Logan - For celebrating his 90th birthday.

2001\371 Hattie Bell Thompson, Gladbrook - For celebrating her 102nd birthday.

2001\372 Eric Becker, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\373 Eric Beckman, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\374 Shaun Gilligan, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\375 Tom Hein, Jr., Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\376 Nick Koppes, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\377 Zach Mauss, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\378 Jeff Miller, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\379 Clint Peacock, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

SUBCOMMITTEE ASSIGNMENTS

House Joint Resolution 8

State Government: Gipp, Chair; Garman and Jochum.

House File 52 Reassigned

State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.

House File 317

Human Resources: Grundberg, Chair; Boal and Reynolds.

House File 331

Human Resources: Carroll, Chair; Hoversten and Murphy.

House File 338

Human Resources: Boddicker, Chair; Hoversten and Reynolds.

House File 341

Human Resources: Hoversten, Chair; Barry, Boddicker, Kreiman and Reynolds.

House File 344

Human Resources: Hoversten, Chair; Boddicker and Foege.

Senate File 62

Agriculture: Alons, Chair; Frevert and Rekow.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 164

Ways and Means: Hoversten, Chair; Larkin and Sievers.

House Study Bill 165

Appropriations: Dolecheck, Chair; Brunkhorst, Jacobs, Mascher and Wise.

House Study Bill 168

Judiciary: Shey, Chair; Baudler and Kreiman.

House Study Bill 169

Judiciary: Shey, Chair; Baudler and Kreiman.

House Study Bill 170

Judiciary: Millage, Chair; Kettering and Shoultz.

House Study Bill 171

Judiciary: Eichhorn, Chair; Kettering and Kreiman.

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 HUMAN RESOURCES

House File 116, a bill for an act relating to information to be included in
termination of pregnancy reporting.

Fiscal Note is not required.

Recommended Amend and Do Pass February 20, 2001.

COMMITTEE ON NATURAL RESOURCES

Committee Bill (Formerly House Study Bill 126), nullifying an amendment to an
administrative rule of the department of natural resources eliminating the unprotected
nongame status of reptiles and providing an effective date.

Fiscal Note is not required.

Recommended Do Pass February 20, 2001.

RESOLUTIONS FILED

HCR 16, by Hansen, Heaton, Jochum and Murphy, a concurrent
resolution requesting that the Governor annually designate the
month of March as Colorectal Cancer Awareness Month.

Laid over under Rule 25.

HR 15, by Jenkins, Shoultz and Dotzler, a resolution designating the
Grout Museum of History and Science as the official repository of
artifacts related to the Sullivan Brothers.

Laid over under Rule 25.

HR 16, by Metcalf and Raecker, a resolution honoring Theresa J.
Uchytil.

Laid over under Rule 25.

AMENDMENTS FILED

H-1059 H.F. 116 Committee on Human Resources
H-1060 H.F. 259 Kreiman of Davis
H-1061 H.F. 229 Larson of Linn
Kreiman of Davis
Tremmel of Wapello
H-1062 H.F. 268 Weidman of Cass
H-1063 H.F. 324 Reynolds of Van Buren
H-1064 H.F. 324 Tremmel of Wapello
H-1065 H.F. 324 Huser of Polk
H-1066 H.F. 324 Murphy of Dubuque
H-1067 H.F. 349 Jenkins of Black Hawk
H-1068 H.F. 324 Hatch of Polk
H-1069 H.F. 324 Hatch of Polk
H-1070 H.F. 324 Hatch of Polk
H-1071 H.F. 324 Hatch of Polk
H-1072 H.F. 324 Hatch of Polk

On motion by Rants of Woodbury the House adjourned at 1:42
p.m., until 8:45 a.m., Thursday, February 22, 2001.


Previous Day: Tuesday, February 20Next Day: Thursday, February 22
Senate Journal: Index House Journal: Index
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