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House Journal: Monday, March 5, 2001

JOURNAL OF THE HOUSE

Fifty-seventh Calendar Day - Thirty-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, March 5, 2001

The House met pursuant to adjournment at 10:03 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Ouderkirk, pastor of St. Bridget’s
Catholic Church, Postville. He is the guest of Representative Rekow
of Allamakee County.

The Journal of Friday, March 2, 2001 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by students from SE Polk Junior
High School and a poem "Our Flag" written by the students was read.
They were accompanied by their teacher, Mrs. Martinson. They were
the guests of the Honorable Geri Huser, state representative from
Polk County.

INTRODUCTION OF BILLS

House File 500, by committee on commerce and regulation, a bill
for an act relating to the licensure of persons acting as insurance
producers, providing an effective date, and applying penalties.

Read first time and placed on the calendar.

House File 501, by Horbach, a bill for an act providing
magistrates who are not licensed to practice law in Iowa with the
authority to review applications for involuntary hospitalization and
applications for involuntary commitment or treatment of chronic
substance abusers and making conforming changes.

Read first time and referred to committee on judiciary.


SENATE MESSAGES CONSIDERED

Senate File 125, by committee on natural resources and
environment, a bill for an act relating to membership in an interstate
wildlife violators compact by the department of natural resources.

Read first time and passed on file.

Senate File 276, by committee on commerce, a bill for an act
relating to the licensure of persons acting as insurance producers,
providing an effective date, and applying penalties.

Read first time and passed on file.

On motion by Jacobs of Polk, the House was recessed at 10:10 a.m.,
until 11:15 a.m.

LATE MORNING SESSION

The House reconvened at 11:22 a.m., Speaker Siegrist in the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Drake of Pottawattamie on request of Rants of Woodbury.

CONSIDERATION OF BILL
Regular Calendar

House File 324, a bill for an act relating to transportation,
including provisions on road projects, vehicle sales, movement, and
reports, and mailing of notices, and providing a penalty and an
effective date, was taken up for consideration.

The House stood at ease at 11:30 a.m., until the fall of the gavel.

The House resumed session at 12:52 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 sixty-one members present, thirty-
nine absent.

The House resumed consideration of House File 324.

Hatch of Polk asked and received unanimous consent to withdraw
amendments H-1071 and H-1072 filed by him on February 21, 2001.

Hatch of Polk offered amendment H-1068 filed by him as follows:

H-1068

1 Amend House File 324 as follows:
2 1. Page 1, by inserting after line 16 the
3 following:
4 "Sec. . NEW SECTION. 307.50 LOCAL COSTS OF
5 HIGHWAY PROJECT BIDDING - APPROPRIATION.
6 There is appropriated to the department annually
7 from the general fund of the state an amount
8 sufficient to cover city and county expenses
9 associated with the competitive bidding requirements
10 in section 314.1, subsection 2. The department shall
11 disburse funds to counties and cities to reimburse the
12 counties and cities for the costs associated with
13 compliance with the requirements. The department
14 shall adopt rules for the administration of this
15 section."
16 2. Title page, line 3, by striking the word
17 "penalty" and inserting the following: "penalty, an
18 appropriation,".
19 3. By renumbering and correcting internal
20 references as necessary.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-five members present,
twenty-five absent.

On motion by Hatch of Polk amendment H-1068 lost.

Hatch of Polk offered the following amendment H-1070 filed by
him and moved its adoption:

H-1070

1 Amend House File 324 as follows:
2 1. Page 1, by inserting after line 16 the
3 following:
4 "Sec. . NEW SECTION. 307.50 LOCAL COSTS OF
5 HIGHWAY PROJECT BIDDING - ADMINISTRATION OF FUNDS.
6 The department shall expend funds appropriated from
7 the road use tax fund pursuant to section 312.2,
8 subsection 19, to reimburse counties and cities for
9 costs associated with compliance with the competitive
10 bidding requirements of section 314.1, subsection 2.
11 The department shall disburse the funds to counties
12 and cities in a manner set out by rule of the
13 department."
14 2. Page 1, by inserting after line 25 the
15 following:
16 "Sec. ___. Section 312.2, Code 2001, is amended by
17 adding the following new subsection:
18 NEW SUBSECTION. 19. The treasurer of state,
19 before making the allotments provided for in this
20 section, shall credit annually from the road use tax
21 fund to the state department of transportation an
22 amount sufficient to reimburse counties and cities for
23 costs associated with compliance with the competitive
24 bidding requirements of section 314.1, subsection 2."
25 3. Title page, line 3, by striking the word
26 "penalty" and inserting the following: "penalty, an
27 appropriation,".
28 4. By renumbering and correcting internal
29 references as necessary.

A non-record roll call was requested.

The ayes were 28, nays 52.

Amendment H-1070 lost.

Huser of Polk offered amendment H-1157 filed by her and Brauns
of Muscatine as follows:

H-1157

1 Amend House File 324 as follows:
2 1. Page 1, by inserting after line 25 the
3 following:
4 "Sec. . NEW SECTION. 309.40a EMERGENCY
5 HIGHWAY AND BRIDGE PROJECTS.
6 Notwithstanding section 309.40, a county may
7 contract for the emergency repair, restoration, or

8 reconstruction of a highway or bridge under the
9 county's jurisdiction without advertising for bids if
10 all of the following conditions are met:
11 1. The emergency was caused by an unforeseen event
12 causing the failure of a highway, bridge, or other
13 highway structure so that the highway is
14 unserviceable, or where immediate action is necessary
15 to prevent further damage or loss.
16 2. The county solicits written bids from three or
17 more contractors engaged in the type of work needed.
18 3. The necessary work can be done for less than
19 one hundred thousand dollars.
20 4. If possible, the county notifies the
21 appropriate Iowa highway contractors' associations of
22 the proposed work.
23 Sec. . Section 309.93, Code 2001, is amended by
24 adding the following new subsection:
25 NEW SUBSECTION. 7. a detailed cost accounting of
26 all instances in the previous fiscal year of the use
27 of day labor or public or private contracts for
28 construction, reconstruction, improvement, or repair
29 or maintenance projects on either the farm-to-market
30 or secondary road system, in the manner prescribed by
31 rule of the department under section 314.1A. The
32 statement shall also include the costs of purchasing,
33 leasing, or renting construction or maintenance
34 equipment and an accounting of the use of such
35 equipment for construction, reconstruction,
36 improvement, or repair or maintenance projects on
37 either the farm-to-market or secondary road system
38 during the previous fiscal year.
39 Sec. . Section 312.14, Code 2001, is amended to
40 read as follows:
41 312.14 CITIES TO SUBMIT REPORT.
42 Cities in the state which receive allotments of
43 funds from road use tax funds shall prepare and
44 deliver on or before September 30 each year to the
45 department an annual report showing all street
46 receipts and expenditures for the city for the
47 previous fiscal year. The report shall include a
48 detailed cost accounting of all instances of the use
49 of day labor or public or private contracts for
50 construction, reconstruction, improvement, or repair

Page 2

1 or maintenance projects on the municipal street system
2 during the previous fiscal year, in the manner
3 prescribed by rule of the department under section
4 314.1A. The report shall also include the costs of
5 purchasing, leasing, or renting construction or
6 maintenance equipment and an accounting of the use of

7 such equipment for construction, reconstruction,
8 improvement, or repair or maintenance projects on the
9 municipal street system during the previous fiscal
10 year."
11 2. Page 2, line 19, by striking the words
12 "repair, or maintenance" and inserting the following:
13 "or repair or maintenance".
14 3. Page 3, line 2, by striking the words
15 "improvement, or repair" and inserting the following:
16 "or improvement".
17 4. Page 3, line 5, by inserting after the word
18 "bid" the following: ", except such public
19 improvements that involve emergency work pursuant to
20 section 309.40A, 313.10, 384.95, or 384.103,
21 subsection 2. However, a public improvement that has
22 an estimated total cost to a city in excess of fifty
23 thousand dollars, and that involves the construction,
24 reconstruction, or improvement of a highway, bridge,
25 or culvert that is under the jurisdiction of a city
26 with a population of more than fifty thousand, shall
27 be advertised and let for bid".
28 5. Page 3, by striking lines 13 through 15 and
29 inserting the following: "reject any or all bids, or
30 may let by private contract or build by day labor, at
31 a cost not in excess of the lowest bid received. If
32 the agency rejects all bids due to cost, prior to
33 using day labor or executing a private contract, the
34 agency shall contact the lowest bidder in an attempt
35 to negotiate a lower price than the bid received from
36 that bidder. If the agency's attempts to negotiate a
37 lower price with the lowest bidder are not successful,
38 the agency may contact other bidders to negotiate a
39 lower price than the lowest bid received. If there
40 were no other bidders the agency may contact a
41 contractor who did not submit a bid to negotiate a
42 lower price than the lowest bid received. If a
43 private contract cannot be negotiated with a
44 contractor who did not submit a bid, the agency may
45 proceed to build the project with day labor at a cost
46 not to exceed the lowest bid or quote received.
47 PARAGRAPH DIVIDED. Upon the completion of any
48 contract or project on".
49 6. Page 3, line 20, by inserting after the word
50 "specifications." the following: "Upon completion of

Page 3

1 a contract or project on the municipal street system,
2 the city public works department or city engineer
3 shall file with the city clerk a statement showing the
4 total cost of the contract or project with a
5 certificate that the work has been done in accordance

6 with the plans and specifications."
7 7. Page 3, by inserting after line 22 the
8 following:
9 "Sec. . NEW SECTION. 314.1a DETAILED COST
10 ACCOUNTINGS BY CITIES AND COUNTIES - RULES.
11 The department shall adopt rules prescribing the
12 manner by which cities and counties shall provide a
13 detailed cost accounting under section 309.93 or
14 312.14, of all instances of the use of day labor or
15 public or private contracts for construction,
16 reconstruction, improvement, or repair or maintenance
17 projects on highways within their jurisdiction. The
18 rules shall include definitions concerning types of
19 projects and uniform requirements and definitions that
20 cities and counties shall use in determining costs for
21 such projects. The department shall establish an
22 advisory committee composed of representatives of
23 public sector agencies, private sector contractor
24 organizations, and certified public employee
25 collective bargaining organizations to make
26 recommendations for such rules."
27 8. Page 4, by inserting after line 16 the
28 following:
29 "Sec. . DEPARTMENT REVIEW OF CERTAIN HIGHWAY
30 PROJECT PROCEDURES AND EQUIPMENT USE.
31 1. The state department of transportation, in
32 conjunction with the advisory committee established
33 pursuant to section 314.1A, shall review applicable
34 competitive bidding threshold requirements for
35 highway, bridge, and culvert projects and may make
36 recommendations to the general assembly by December
37 31, 2002, regarding any proposed changes.
38 2. The department shall review the highway and
39 street construction and maintenance equipment purchase
40 policies and the use of such equipment by all entities
41 receiving road use tax fund moneys. The department
42 shall report its findings, and any recommendations
43 regarding potential efficiencies and cost savings in
44 the purchase and use of such equipment, to the general
45 assembly by December 31, 2002. The department shall
46 consult with public and private entities in reviewing
47 the purchasing policies and use of equipment and in
48 formulating the department's recommendations.
49 Sec. . EFFECTIVE DATE. The following
50 provisions of this Act take effect July 1, 2002:

Page 4

1 1. The provision enacting section 309.93,
2 subsection 7.
3 2. The provision amending section 312.14.
4 3. The provision enacting section 314.1,

5 subsection 2.
6 4. The provision amending section 314.1,
7 unnumbered paragraph 2, and redesignating that
8 unnumbered paragraph as section 314.1, subsection 3."
9 9. By numbering, renumbering, and correcting
10 internal references as necessary.

Huser of Polk offered the following amendment H-1163, to
amendment H-1157, filed by her and Brauns of Muscatine from the
floor and moved its adoption:

H-1163

1 Amend the amendment, H-1157, to House File 324 as
2 follows:
3 1. Page 1, lines 28 and 29, by striking the words
4 "improvement, or repair or maintenance" and inserting
5 the following: "or improvement".
6 2. Page 1, line 50, through page 2, line 1, by
7 striking the words "improvement, or repair or
8 maintenance" and inserting the following: "or
9 improvement".
10 3. Page 3, line 16, by striking the words
11 "improvement, or repair or maintenance" and inserting
12 the following: "or improvement".

Amendment H-1163 was adopted.

Hatch of Polk offered the following amendment H-1165, to
amendment H-1157, filed by him from the floor and moved its
adoption:

H-1165

1 Amend the amendment, H-1157, to House File 324 as
2 follows:
3 1. Page 2, by striking lines 17 through 27.
4 2. By renumbering, redesignating, and correcting
5 internal references as necessary.

Roll call was requested by Hatch of Polk and Rants of Woodbury.

On the question "Shall amendment H-1165, to amendment H-
1157 be adopted?" (H.F. 324)

The ayes were, 35:
Bukta Connors Cormack Dotzler
Falck Fallon Foege Ford
Frevert Greimann Hatch Jochum
Kreiman Larkin Lensing Mascher
Mertz Murphy Myers O'Brien
Osterhaus Petersen Quirk Scherrman
Schrader Seng Shoultz Smith
Stevens Taylor, D. Taylor, T. Tremmel
Warnstadt Winckler Witt

 


The nays were, 57:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Carroll Chiodo Cohoon
De Boef Dix Eddie Eichhorn
Elgin Finch Garman Grundberg
Hahn Heaton Hoffman Horbach
Hoversten Huseman Huser Jacobs
Jenkins Johnson Kettering Klemme
Kuhn Larson Manternach May
Metcalf Millage Raecker Rants
Rayhons Rekow Richardson Roberts
Shey Siegrist, Spkr. Sievers Teig
Tymeson Van Engelenhoven Van Fossen Weidman
Sukup,
Presiding

 


Absent or not voting, 8:
Dolecheck Drake Gipp Hansen
Houser Reynolds Tyrrell Wise

 


Amendment H-1165 lost.

Brauns of Muscatine offered the following amendment H-1160, to
amendment H-1157, filed by him from the floor and moved its
adoption:

H-1160

1 Amend the amendment, H-1157, to House File 324 as
2 follows:
3 1. Page 2, by inserting after line 27 the
4 following:
5 " . Page 3, line 7, by striking the words
6 "repair, or" and inserting the following: "or repair
7 or"."
8 2. By renumbering, redesignating, and correcting
9 internal references as necessary.

Amendment H-1160 was adopted.

T. Taylor of Linn offered the following amendment H-1159, to
amendment H-1157, filed by him from the floor and moved its
adoption:

H-1159

1 Amend the amendment, H-1157, to House File 324 as
2 follows:
3 1. Page 2, line 46, by inserting after the word
4 "received." the following: "If, as a result of any
5 outsourcing or privatization under this paragraph, a
6 city or county position is eliminated, the city or
7 county shall offer the affected employee other
8 employment with the city or county. City or county
9 employees placed in such other employment, as well as
10 those electing to be laid off, shall be eligible for
11 recall to the position classification held at the time
12 of outsourcing or privatization."

Roll call was requested by Hatch of Polk and T. Taylor of Linn.

On the question "Shall amendment H-1159, to amendment H-
1157 be adopted?" (H.F. 324)

The ayes were, 38:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Myers O'Brien
Osterhaus Petersen Richardson Scherrman
Schrader Seng Shoultz Smith
Stevens Taylor, T. Tremmel Warnstadt
Winckler Witt

 


The nays were, 51:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Eddie
Eichhorn Elgin Finch Garman
Grundberg Hahn Heaton Hoffman
Horbach Hoversten Huseman Jacobs
Jenkins Johnson Kettering Klemme
Larson Manternach Metcalf Millage
Quirk Raecker Rants Rayhons
Rekow Roberts Shey Siegrist, Spkr.
Sievers Teig Tymeson Van Engelenhoven
Van Fossen Weidman Sukup,
Presiding

 


Absent or not voting, 11:
Dolecheck Drake Gipp Greimann
Hansen Houser Murphy Reynolds
Taylor, D. Tyrrell Wise

 


Amendment H-1159 lost.

On motion by Huser of Polk amendment H-1157, as amended, was
adopted.

Hatch of Polk offered the following amendment H-1069 filed by
him and moved its adoption:

H-1069

1 Amend House File 324 as follows:
2 1. By striking page 2, line 13, through page 3,
3 line 22.
4 2. By renumbering, redesignating, and correcting
5 internal references as necessary.

A non-record roll call was requested.

The ayes were 33, nays 48.

Amendment H-1069 lost.

Rants of Woodbury asked and received unanimous consent that
House File 324 be deferred and that the bill retain its place on the
calendar.

On motion by Rants of Woodbury, the House was recessed at 2:17
p.m., until 5:00 p.m.

EVENING SESSION

The House reconvened at 5:03 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 eighty-four members present, sixteen
absent.

CONSIDERATION OF BILL
Regular Calendar

The House resumed consideration of House File 324, a bill for an
act relating to transportation, including provisions on road projects,
vehicle sales, movement, and reports, and mailing of notices, and
providing a penalty and an effective date, previously deferred.

Murphy of Dubuque offered the following amendment H-1066 filed
by him and moved its adoption:

H-1066

1 Amend House File 324 as follows:
2 1. By striking page 3, line 23, through page 4,
3 line 1.
4 2. By renumbering, redesignating, and correcting
5 internal references as necessary.

Roll call was requested by Murphy of Dubuque and Carroll of
Poweshiek.

On the question "Shall amendment H-1066 be adopted?" (H.F. 324)

The ayes were, 45:
Atteberry Bell Bukta Chiodo
Cohoon Connors Cormack Dotzler
Falck Fallon Foege Ford
Frevert Greimann Hatch Huser
Jochum Kreiman Kuhn Larkin
Lensing Manternach Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Petersen Quirk Richardson
Scherrman Schrader Seng Shoultz
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


The nays were, 51:

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

 


Absent or not voting, 4:
Gipp Hansen Rants Reynolds

 


Amendment H-1066 lost.

Huser of Polk offered the following amendment H-1065 filed by her
and moved its adoption:

H-1065

1 Amend House File 324 as follows:
2 1. Page 3, line 31, by striking the words "unless
3 the contract" and inserting the following: "except
4 that such an official or employee may bid on a
5 contract that".

Amendment H-1065 was adopted.

Tremmel of Wapello asked and received unanimous consent to
withdraw amendment H-1064 filed by him on February 21, 2001.

Tremmel of Wapello offered amendment H-1154 filed by him and
Huser of Polk as follows:

H-1154

1 Amend House File 324 as follows:
2 1. Page 15, line 26, by inserting after the word
3 "service." the following: "The department shall adopt
4 rules regarding the giving of notice by first class
5 mail, the updating of addresses in department records,
6 and the development of affidavits verifying the

7 mailing of notices under this chapter and chapter
8 321J. a person's refusal to accept or a claim of
9 failure to receive a notice of revocation, suspension,
10 or bar mailed by first class mail to the person's last
11 known address shall not be a defense to a charge of
12 driving while suspended, revoked, denied, or barred."
13 2. Page 16, by inserting after line 18 the
14 following:
15 "Sec. . NEW SECTION. 321.211a APPEAL OF
16 EXTENDED SUSPENSION OR REVOCATION.
17 Notwithstanding any provision of law to the
18 contrary, if a person was not served with notice of a
19 suspension or revocation under section 321.16, or
20 section 321J.9, subsection 4, or section 321J.12,
21 subsection 3, the person may appeal to the department
22 an extension of the period of suspension or revocation
23 based upon a conviction under section 321.218 or
24 321J.21. At the hearing on the appeal, the sole issue
25 shall be whether the department failed to send notice
26 of the underlying suspension or revocation to the
27 person at the address contained in the department's
28 records. If the department determines it failed to
29 send such notice, the department shall rescind the
30 extended suspension or revocation resulting from the
31 conviction and send notice of the department's
32 determination to the court that rendered the
33 conviction. Upon receipt of the notice, the court
34 shall enter an order exonerating the person of the
35 conviction, and ordering that the record of the
36 conviction be expunged by the clerk of the district
37 court."
38 3. By renumbering as necessary.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1166, to amendment H-1154, filed by him
from the floor.

Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-1169, to amendment H-1154, filed by him
from the floor.

On motion by Tremmel of Wapello amendment H-1154 was
adopted.

Atteberry of Delaware asked and received unanimous consent to
withdraw amendment H-1063 filed by Reynolds of Van Buren on
February 21, 2001.
Atteberry of Delaware offered amendment H-1085 filed by

Reynolds of Van Buren as follows:

H-1085

1 Amend House File 324 as follows:
2 1. Page 16, line 2, by inserting after the word
3 "address." the following: "The application provided
4 by the department shall include a statement for the
5 applicant to sign that acknowledges the applicant's
6 knowledge of the requirement to notify the department
7 of a mailing address change."
8 2. Page 16, by inserting after line 2 the
9 following:
10 "Sec. . Section 321.196, unnumbered paragraph
11 1, Code 2001, is amended to read as follows:
12 Except as otherwise provided, a driver's license,
13 other than an instruction permit, chauffeur's
14 instruction permit, or commercial driver's instruction
15 permit issued under section 321.180, expires, at the
16 option of the applicant, two or four years from the
17 licensee's birthday anniversary occurring in the year
18 of issuance if the licensee is between the ages of
19 seventeen years eleven months and seventy years on the
20 date of issuance of the license. If the licensee is
21 under the age of seventeen years eleven months or age
22 seventy or over, the license is effective for a period
23 of two years from the licensee's birthday anniversary
24 occurring in the year of issuance. Except as required
25 in section 321.188, and except for a motorcycle
26 instruction permit issued in accordance with section
27 321.180 or 321.180B, a driver's license is renewable
28 without written examination or penalty within a period
29 of sixty days after its expiration date and without a
30 driving test within a period of one year after its
31 expiration date. a person shall not be considered to
32 be driving with an invalid license during a period of
33 sixty days following the license expiration date.
34 However, for a license renewed within the sixty-day
35 period, the date of issuance shall be considered to be
36 the previous birthday anniversary on which it expired.
37 Applicants whose licenses are restricted due to vision
38 or other physical deficiencies may be required to
39 renew their licenses every two years. For the
40 purposes of this section, the birthday anniversary of
41 a person born on February 29 shall be deemed to occur
42 on March 1. The department in its discretion may
43 authorize the renewal of a valid driver's license
44 other than a commercial driver's license upon
45 application without an examination provided that the
46 applicant satisfactorily passes a vision test as
47 prescribed by the department, files a vision report in

48 accordance with section 321.186a which shows that the
49 applicant's visual acuity level meets or exceeds those
50 required by the department, or is eligible for renewal

Page 2

1 by mail pursuant to rules adopted by the department.
2 The department may assess an applicant a fee of no
3 more than two dollars for administration and mailing
4 expenses for providing for renewal of the applicant's
5 driver's license by mail. An application for renewal
6 of a driver's license shall include a statement for
7 the applicant to sign that acknowledges the
8 applicant's knowledge of the requirement to notify the
9 department of a mailing address change under section
10 321.182, subsection 1."
11 3. By renumbering, redesignating, and correcting
12 internal references as necessary.

Kreiman of Davis offered the following amendment H-1168, to
amendment H-1085, filed by him from the floor and moved its
adoption:

H-1168

1 Amend the amendment, H-1085, to House File 324 as
2 follows:
3 1. Page 1, line 7, by inserting after the word
4 "change." the following: "The penalty under section
5 321.482 shall not apply to a licensee's failure to
6 notify the department of such an address change."
7 2. Page 2, by inserting after line 10 the
8 following:
9 " . By striking page 17, line 33, through page
10 18, line 5."
11 3. By renumbering, redesignating, and correcting
12 internal references as necessary.

Amendment H-1168 was adopted.

On motion by Atteberry of Delaware amendment H-1085, as
amended, was adopted.

T. Taylor of Linn offered amendment H-1073 filed by him as
follows:

H-1073

1 Amend House File 324 as follows:
2 1. Page 18, by inserting after line 23 the
3 following:
4 "DIVISION ___
5 RAILROADS
6 Sec. . NEW SECTION. 327F.8 CLOSE-CLEARANCE
7 WARNING DEVICES.
8 1. a railroad company shall place a warning device
9 at a location where the close-clearance between a
10 railway owned by the railroad company and a building,
11 machinery, trees, brush, or other object is such that
12 the building, machinery, trees, brush, or other object
13 physically impedes a person who is lawfully riding the
14 side of the train in the course of the person's duties
15 in service to the railroad company from clearing the
16 building, machinery, trees, brush, or other object.
17 2. The warning device shall be placed in a
18 location which provides adequate notice to a person
19 riding the side of a train so that the person may
20 prepare for the close-clearance.
21 3. Placement of a warning device pursuant to this
22 section does not relieve a railroad company from any
23 duties required under chapter 317 or section 327F.27.
24 4. a violation of this section is punishable as a
25 schedule "one" penalty under section 327C.5.
26 Sec. . NEW SECTION. 327F.21 RAILROAD TRAIN
27 CREWS.
28 1. As used in this section, unless the context
29 otherwise requires:
30 a. "Cab" means the crew compartment of the engine
31 of a railroad train or locomotive.
32 b. "Department" means the state department of
33 transportation.
34 c. "Director" means the director of transportation
35 or the director's designee.
36 d. "Qualified railroad locomotive engineer" means
37 a person who has successfully completed a railroad
38 carrier's training program for a train service
39 engineer, locomotive servicing engineer, or student
40 engineer and passed an examination on railroad
41 operation rules.
42 e. "Qualified railroad trainperson" means a person
43 who has successfully completed a railroad carrier's
44 training program and passed an examination on railroad
45 operation rules.
46 2. Any person operating or controlling a railroad
47 in this state shall not allow the operation of any
48 railroad train or locomotive in this state unless the
49 railroad train or locomotive has a crew of at least
50 two individuals. One of the individuals shall be a

Page 2

1 qualified railroad locomotive engineer. The other
2 individual shall be either a qualified railroad
3 locomotive engineer or a qualified railroad
4 trainperson. The qualified railroad locomotive
5 engineer shall be present in the cab and operate the
6 control locomotive at all times that the railroad
7 train or locomotive is in motion. The other crew
8 member shall be present in the cab at all times the
9 railroad train or locomotive is in motion, but may
10 dismount the railroad train or locomotive when
11 necessary to perform switching activities and other
12 job-related duties. However, this subsection shall
13 not apply to the extent that it is contrary to or
14 inconsistent with a regulation or order of the federal
15 railroad administration.
16 3. The director may, pursuant to rules adopted by
17 the department, grant an exception to the requirements
18 of subsection 2 if the director determines that the
19 exception will not endanger the life or property of
20 any person.
21 4. a person who violates this section is, upon
22 conviction for a first offense, subject to a schedule
23 "one" penalty as provided under section 327C.5. A
24 person who violates this section is, upon conviction
25 for a second offense committed within three years of
26 the first offense, subject to a schedule "two" penalty
27 as provided under section 327C.5. a person who
28 violates this section is, upon conviction for a third
29 or subsequent offense committed within three years of
30 the first offense, subject to a schedule "three"
31 penalty as provided under section 327C.5.
32 Sec. . NEW SECTION. 327F.32 RAILROAD
33 ACCIDENTS - EMPLOYEE LEAVE AND TRAUMA COUNSELING.
34 1. a railroad company shall make trauma counseling
35 available to an employee of the railroad company
36 involved in an accident on a railway or right of way
37 under the control of the company if the accident
38 results in the death of or serious bodily injury to a
39 person. The counseling shall be made available to the
40 employee within forty-eight hours of the accident.
41 2. An employee involved in an accident described
42 in subsection 1 shall be given leave from duty with
43 compensation and applicable benefits for a minimum of
44 three days following the accident. If the railroad
45 company makes an affirmative showing that the accident
46 was due to the negligence or willful act of an
47 employee involved in an accident described in
48 subsection 1, the leave provided to the employee who
49 acted negligently or willfully may be provided without
50 compensation and benefits.

Page 3

1 3. An engineer returning to duty following leave
2 provided pursuant to subsection 2 shall, upon request,
3 be assigned an assistant engineer or other qualified
4 person to accompany the engineer for such time as may
5 be necessary to guarantee the public safety or until a
6 qualified medical practitioner determines that the
7 engineer does not suffer from a posttraumatic stress
8 disorder.
9 4. The director shall adopt rules for
10 administration and enforcement of this section."
11 2. Title page, line 2, by striking the words "and
12 mailing" and inserting the following: "mailing".
13 3. Title page, line 3, by striking the words
14 "providing a penalty" and inserting the following:
15 "railroads, and providing penalties".
16 4. By renumbering as necessary.

Brauns of Muscatine rose on a point of order that amendment
H-1073 was not germane.

The Speaker ruled the point well taken and amendment H-1073
not germane.

T. Taylor of Linn asked for unanimous consent to suspend the
rules to consider amendment H-1073.

Objection was raised.

T. Taylor of Linn moved to suspend the rules to consider
amendment H-1073.

A non-record roll call was requested.

The ayes were 40, nays 50.

The motion to suspend the rules lost.

Huser 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. 324)


The ayes were, 65:
Alons Arnold Barry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Carroll Chiodo Cohoon De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Finch Garman
Grundberg Hahn Heaton Hoffman
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Johnson
Klemme Kuhn Larson Manternach
May Metcalf Millage Myers
O'Brien Petersen Quirk Raecker
Rants Rayhons Rekow Richardson
Roberts Siegrist, Spkr. Sievers Stevens
Teig Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wise
Sukup,
Presiding

 


The nays were, 32:
Atteberry Bukta Connors Cormack
Dotzler Falck Fallon Foege
Ford Frevert Greimann Hatch
Jochum Kettering Kreiman Larkin
Lensing Mascher Mertz Murphy
Osterhaus Scherrman Schrader Seng
Shey Shoultz Smith Taylor, D.
Taylor, T. Tremmel Winckler Witt

 


Absent or not voting, 3:
Gipp Hansen Reynolds

 


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 324 be immediately messaged to the Senate.

SPONSORS ADDED
(House File 308)

Murphy of Dubuque requested to be added as a sponsor of House
File 308.

(Amendment H-1157 to House File 324)

Brauns of Muscatine requested to be added as a sponsor of
amendment H-1157 to House File 324.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on March 2, 2001, he approved and transmitted to the Secretary of
State the following bill:

Senate File 83, an act relating to the verification of a uniform citation and
complaint issued by a law enforcement agency.

Also: That on March 5, 2001, he approved and transmitted to the
Secretary of State the following bill:

House File 267, an act renaming the waste management assistance division of the
department of natural resources.

COMMUNICATION RECEIVED

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

DEPARTMENT OF EDUCATION

A report on early intervention class size survey results, pursuant to Chapter
256D.3, 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\447 Dorothy Jean Reilly, Ames - For celebrating her 80th birthday.

2001\448 Orville Riessen, Charter Oak - For celebrating his 80th birthday.

2001\449 LuVerne Kohnekamp, Charter Oak - For celebrating her 80th birthday.

2001\450 Marcella Kuehl, Mapleton - For celebrating her 80th birthday.


2001\451 Margie and Ray Pithan, Ute - For celebrating their 66th wedding
anniversary.

2001\452 Virginia and Jack King, Denison - For celebrating their 50th wedding
anniversary.

2001\453 Amy Joe and Don Lander, Sloan - For celebrating their 60th wedding
anniversary.

2001\454 Rose Stimson, Clarinda - For celebrating her 90th birthday.

2001\455 May Handy, Shenandoah - For celebrating her 102nd birthday.

2001\456 Nelda and Bob Johansen, Chariton - For celebrating their 50th wedding
anniversary.

2001\457 Hazel and Dwaine Clanin, Russell - For celebrating their 50th wedding
anniversary.

2001\458 Kenneth Long, Lake View - For celebrating his 80th birthday.

2001\459 Ruth Boney, Lake View - For celebrating her 83rd birthday.

2001\460 Margaret Hendrichsen, Early - For celebrating her 83rd birthday.

2001\461 Eleanor Bahr, Wall Lake - For celebrating her 90th birthday.

2001\462 Lenore Hendrich, Wall Lake - For celebrating her 90th birthday.

2001\463 Alice and Melvin Boysen, Danbury - For celebrating their 50th wedding
anniversary.

2001\464 Gloria and Ray Ellerbusch, Cushing - For celebrating their 50th
wedding anniversary.

2001\465 Dorothy and Clarence Davis, Anthon - For celebrating their 75th
wedding anniversary.

2001\466 Viola and Russell Weimerskirch, Maquoketa - For celebrating their
50th wedding anniversary.

2001\467 Arlene and Harold Keil, Bellevue - For celebrating their 50th wedding
anniversary.

2001\468 Edna Marie and Harold Gisel, Delmar - For celebrating their 50th
wedding anniversary.

2001\469 Helen and Marvin Brady, Maquoketa - For celebrating their 60th
wedding anniversary.

2001\470 Raeona and Ed Hudrlik, Maquoketa - For celebrating their 50th
wedding anniversary.

2001\471 Clyde Kelly, Clinton - For celebrating his 100th birthday.

2001\472 Sharon Roling, Clinton - For being named Outstanding Young
Religious Leader by the Clinton Jaycees.

2001\473 Carla Hilgenberg, Camanche - For being named Outstanding Young
Educator by the Clinton Jaycees.

2001\474 Alma and Henry Beachy, Katona - For celebrating their 60th wedding
anniversary.

2001\475 Viola M. Segebart, Denison - For celebrating her 83rd birthday.

SUBCOMMITTEE ASSIGNMENTS

House File 347

Natural Resources: Rekow, Chair; Drake and Richardson.

House File 477

Appropriations: Dolecheck, Chair; Barry and Mascher.

House File 479

Appropriations: Dolecheck, Chair; Barry and Mascher.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 174

Natural Resources: Arnold, Chair; O'Brien and Weidman.

House Study Bill 189

Natural Resources: Arnold, Chair; O'Brien and Weidman.

House Study Bill 194

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

House Study Bill 195

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

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 196 Economic Development

Relating to cluster groups under the new jobs and income program.

H.S.B. 197 Economic Development

Relating to private activity bond allocations.

H.S.B. 198 Appropriations

Repealing the linked investments for tomorrow Act.

H.S.B. 199 Local Government

Relating to urban renewal and urban revitalization and providing for
the Act's applicability.

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

Committee Bill (Formerly House File 308), relating to the addition of an optional
category to be covered under the medical assistance program.

Fiscal Note is required.

Recommended Do Pass March 5, 2001.

COMMITTEE ON JUDICIARY

Committee Bill (Formerly House File 280), relating to jurisdictional changes to
small claims court cases.

Fiscal Note is not required.

Recommended Amend and Do Pass March 1, 2001.

Committee Bill (Formerly House Study Bill 135), relating to the imposition of an
additional sentence of mandatory parole or work release for persons convicted of
certain criminal offenses.

Fiscal Note is not required.

Recommended Amend and Do Pass March 5, 2001.

COMMITTEE ON LOCAL GOVERNMENT

Committee Bill (Formerly House File 4), relating to the limitation on property
taxes for cities and counties and providing for the Act's applicability.

Fiscal Note is not required.

Recommended Amend and Do Pass March 1, 2001.

RESOLUTION FILED

HCR 20, by Warnstadt, a concurrent resolution providing for the
establishment of a committee by the legislative council to conduct a
study of economic development issues related to the distribution of
goods.

Laid over under Rule 25.

AMENDMENTS FILED

H-1158 H.F. 116 Grundberg of Polk
H-1161 H.F. 116 Grundberg of Polk
H-1162 H.F. 116 Boddicker of Cedar
H-1164 H.F. 403 Warnstadt of Woodbury
H-1167 H.F. 116 Metcalf of Polk
Petersen of Polk
H-1170 H.F. 456 Kreiman of Davis
H-1171 H.F. 451 Tremmel of Wapello
H-1172 H.F. 116 Foege of Linn
H-1173 H.F. 116 Lensing of Johnson
H-1174 H.F. 341 Winckler of Scott
H-1175 H.F. 341 Winckler of Scott
H-1176 H.F. 341 Lensing of Johnson
H-1177 H.F. 341 Mascher of Johnson
H-1178 H.F. 341 Mascher of Johnson
H-1179 H.F. 116 Mascher of Johnson
H-1180 H.F. 341 Petersen of Polk
H-1181 H.F. 341 Metcalf of Polk
H-1182 H.F. 341 Wise of Lee
H-1183 H.F. 341 Foege of Linn
H-1184 H.F. 341 Smith of Marshall
H-1185 H.F. 341 Smith of Marshall


H-1186 H.F. 341 Mascher of Johnson
H-1187 H.F. 341 Atteberry of Delaware
Grundberg of Polk
H-1188 H.F. 341 Petersen of Polk
H-1189 H.F. 341 Metcalf of Polk
H-1190 H.F. 341 Metcalf of Polk
H-1191 H.F. 341 Atteberry of Delaware
H-1192 H.F. 341 Mascher of Johnson
H-1193 H.F. 341 Hatch of Polk
Foege of Linn
H-1194 H.F. 341 Petersen of Polk
H-1195 H.F. 341 Atteberry of Delaware
H-1196 H.F. 341 Dotzler of Black Hawk
H-1197 H.F. 341 Mascher of Johnson
H-1198 H.F. 341 Hatch of Polk
H-1199 H.F. 456 Heaton of Henry
Foege of Linn Johnson of Osceola
Houser of Pottawattamie Grundberg of Polk
Brunkhorst of Bremer Hoversten of Woodbury
Arnold of Lucas
H-1200 H.F. 341 Mascher of Johnson

On motion by Rants of Woodbury the House adjourned at 6:02
p.m., until 8:45 a.m., Tuesday, March 6, 2001.


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