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House Journal: Wednesday, March 14, 2001

JOURNAL OF THE HOUSE

Sixty-sixth Calendar Day - Forty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 14, 2001

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

Prayer was offered by Reverend Realff Ottesen, pastor of the Shell
Rock United Methodist Church, Shell Rock. He was the guest of
Representative Bill Dix of Butler County and Representative Bob
Brunkhorst of Bremer County.

The Journal of Tuesday, March 13, 2001 was approved.

PETITION FILED

The following petition was received and placed on file:

By Representative T. Taylor of Linn from one thousand four
hundred teachers opposing House Study Bill 201 from the following
schools: Cleveland Elementary, Coolidge Elementary, Erskine
Elementary, Garfield Elementary, Grant Elementary, Grant Wood
Elementary, Harrison Elementary, Hiawatha Elementary, Hoover
Elementary, Jackson Elementary, Johnson Elementary, Kenwood
Elementary, Madison Elementary, Monroe Elementary, Nixon
Elementary, Pierce Elementary, Taylor Elementary, Truman
Elementary, Van Buren Elementary, Wright Elementary, Franklin
Middle School, Harding Middle School, McKinley Middle School,
Roosevelt Middle School, Taft Middle School, Wilson Middle School,
Jefferson High School, Kennedy High School, Metro High School,
North Cedar Educational Association, Arthur Elementary and the
College Community Education Association.

INTRODUCTION OF BILLS

House File 597, by committee on natural resources, 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 placed on the calendar.

House File 598, by committee on human resources, a bill for an
act establishing a child protection center grant program.

Read first time and placed on the calendar.

House File 599, by Warnstadt, a bill for an act relating to
marriage including options related to premarital education, marriage
license fees, and the time period that must expire prior to a marriage
license becoming valid.

Read first time and referred to committee on human resources.

House File 600, by Ford, a bill for an act making an appropriation
to the college student aid commission for the Iowa minority academic
grants for economic success program.

Read first time and referred to committee on education.

House File 601, by Ford, a bill for an act making changes to the
elements needed to prove the criminal offenses of lascivious acts with
a child and indecent contact with a child.

Read first time and referred to committee on judiciary.

House File 602, by Warnstadt, a bill for an act allowing cities and
counties to create enterprise zones near modes of transportation.

Read first time and referred to committee on economic
development.

House File 603, by Warnstadt, a bill for an act requiring reserve
peace officers to reside in the state of Iowa.

Read first time and referred to committee on state government.

House File 604, by Reynolds and Kreiman, a bill for an act
relating to premarital education.

Read first time and referred to committee on human resources.


House File 605, by Reynolds, a bill for an act relating to the
practical experience requirement for licensure as a land surveyor.

Read first time and referred to committee on state government.

House File 606, by Dotzler, a bill for an act limiting the use of
individual medical information for sales or marketing purposes.

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

House File 607, by Larkin, a bill for an act requiring notice to
parents, guardians, or conservators of minors who open deposit
accounts.

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

House File 608, by committee on commerce and regulation, a bill
for an act relating to delinquency charges on certain precomputed
consumer credit transactions.

Read first time and placed on the calendar.

House File 609, by Chiodo, a bill for an act providing for the
department of inspections and appeals to assume responsibility for
making inspections of licensed child care centers.

Read first time and referred to committee on human resources.

House File 610, by committee on economic development, a bill for
an act relating to cluster groups under the new jobs and income
program.

Read first time and placed on the calendar.

House File 611, by Ford, a bill for an act requiring the director of
human services to convene a task force to address the statewide
disparity in the out-of-home placement of children and providing an
effective date.

Read first time and referred to committee on human resources.

House File 612, by committee on transportation, a bill for an act
relating to highway improvement assistance from the revitalize
Iowa's sound economy fund for brownfield sites.

Read first time and placed on the calendar.

House File 613, by committee on judiciary, 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 placed on the calendar.

House File 614, by committee on judiciary, a bill for an act
relating to the jurisdiction of district associate judges in a felony
eluding or attempting to elude a law enforcement vehicle offense.

Read first time and placed on the calendar.

House File 615, by committee on judiciary, a bill for an act
relating to the criminal offense of disarming a peace officer.

Read first time and placed on the calendar.

House File 616, by Brunkhorst, Jenkins, and Dotzler, a bill for an
act relating to the school-to-career program.

Read first time and referred to committee on economic
development.

ADOPTION OF HOUSE CONCURRENT RESOLUTION 19

Sievers of Scott called up for consideration House Concurrent
Resolution 19, a concurrent resolution requesting the congressional
delegation of the state of Iowa support President Bush's tax relief
proposal, and moved its adoption.

A non-record roll call was requested.

The ayes were 46, nays 38.

The motion prevailed and the resolution was adopted.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House Concurrent Resolution 19 be immediately messaged to the
Senate.

GOVERNOR'S ITEM VETO MESSAGE

A copy of the following communication was received and placed on
file:

March 13, 2001

The Honorable Mary Kramer
President of the Senate
State Capitol Building
L O C A L

Dear President Kramer:

I hereby transmit Senate File 267, an act relating to state budgetary matters by
providing for reductions and supplementation of appropriations made for the fiscal
year beginning July 1, 2000, and transferring, crediting, and appropriating certain
moneys, and providing an effective date.

We have some very difficult choices ahead of us as we determine next year's state
budget. Rather than create chaos with the state's budget during the last months of
this fiscal year, we need to get down to the serious business of focusing on next year's
budget. With revenues down, we will need to aggressively address next year's budget
in a thoughtful, planned, and bipartisan manner.

Senate File 267 is, therefore, approved on this date with the following exceptions,
which I hereby disapprove.

I am unable to approve Division III, Section 3 in its entirety. This provision
requires a one percent reduction for most general fund appropriations. Under this
Section, education and human services programs would bear the brunt of the cuts. I
made it very clear to Republicans that if they chose to move forward with budget cuts,
they would assume the responsibility for determining which programs and services
should be eliminated. Instead of thoughtfully studying how these cuts would effect
Iowans, they chose to make an across the board cut mandating a reduction in services
without specifying which services to reduce or eliminate.

I am unable to approve the language contained in Division VII, Sections 17 and 18.
These provisions would reduce the state's contribution to the Judicial retirement
system during the current fiscal year and future fiscal years. At this time, the judicial
retirement system is not actuarially sound. Reducing the contributions to the fund,
delays achievement of our long held goal of fully funding the judicial retirement
system.

In my continued effort to work in a bipartisan manner, I am approving a number of
cuts to the FY 01 budget. The Republican controlled legislature rejected bipartisanship
by passing rash and not well thought out cuts that were not agreed to and would have
unnecessarily disrupted services to Iowans.

I made it very clear to Republican legislative leaders that if they chose to move
forward with budget cuts, they would need to identify which programs and services
should be eliminated. Instead of thoughtfully studying how these cuts would affect
Iowans, they chose a rash approach that would create chaos in the services on which
Iowans rely.

The State of Iowa has experienced a serious decline in revenues, a decline that is
unprecedented in twenty years. However, the current fiscal year is not the problem as
the state will have adequate resources available to meet the needs of Iowans. This bill
would have disrupted services to Iowans.

The decisions of the past limit our flexibility in responding to the FY 02 budget. We
will be fiscally responsible and we will deal with the challenge presented to us. In this
challenge, we have an opportunity to find efficient and effective ways for delivering
services to Iowans.

For the above reasons, I hereby approve Senate File 267 with the exceptions noted
above.

Sincerely,
Thomas J. Vilsack
Governor

CERTIFICATES OF RECOGNITION

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

MARGARET A. THOMSON
Chief Clerk of the House

2001\586 Brent Pettigrew, Eldora - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\587 Kathy Gastro, Sioux City - For receiving the Iowa Board of Realtors
Silver Award for 2000, being named Coldwell Banker's Agent of the
Year for 2000, and receiving the Coldwell Banker International
Diamond Society Award for 2000.

2001\588 Coach Keith Massey, the entire Wrestling Coach Staff and the Lewis
Central Wrestling Team of Council Bluffs Lewis Central High School -
For winning the class 3-A, 2001 State High School Wrestling
Championship in record breaking fashion by scoring the most points
ever and having the most individual champions ever.


2001\589 Coach Keith Massey, the entire Wrestling Coach Staff and the Lewis
Central Wrestling Team of Council Bluffs Lewis Central High School -
For winning the class 3-A, 2001 State High School Wrestling Dual
Team Championship for the 2nd year in a row.

2001\590 Steve Baier, Griswold High School - For being inducted into the Iowa
High School Athletic Association Wrestling Hall of Fame.

2001\591 Ben Moss, Council Bluffs Lewis Central High School - For being the 4th
Place medallist in the Class 3-A, 125lb weight class at the 2001 State
High School Wrestling Tournament.

2001\592 Thomas Sweeney, Council Bluffs Saint Albert High School - For being
the 4th Place medallist in the Class 1-A, 130lb weight class at the 2001
State High School Wrestling Tournament.

2001\593 Quintin Moreno, Glenwood High School - For being the 3rd Place
medallist in the Class 2-A, 140lb weight class at the 2001 State High
School Wrestling Tournament.

2001\594 Jon Clanton, Council Bluffs Lewis Central High School - For being the
5th Place medallist in the Class 3-A, 189lb weight class at the 2001
State High School Wrestling Tournament.

2001\595 Dan Davilla, Underwood High School - For being the 3rd Place
medallist in the Class 1-A, 103lb weight class at the 2001 State High
School Wrestling Tournament.

2001\596 Brad Gregory, Glenwood High School - For being the 3rd Place
Medallist in the Class 2-A, 112lb weight class at the 2001 State High
School Wrestling Tournament.

2001\597 Aaron Smith, Council Bluffs Lewis Central High School - For being the
4th Place Medallist in the Class 3-A, 152lb weight class at the 2001
State High School Wrestling Tournament.

2001\598 Kirk Artist, Glenwood High School - For being the 2001 Iowa High
School State Wrestling Champion in the Class 2-A, 145lb weight class.

2001\599 Cody Koenig, Underwood High School - For being the 2001 Iowa High
School State Wrestling Champion in the Class 1-A, 152lb weight class.

2001\600 Gabe Rostermundt, Council Bluffs Lewis Central High School - For
being the 2001 Iowa High School State Wrestling Champion in the
Class 3-A, 119lb weight class.

2001\601 Blake Anderson, Council Bluffs Lewis Central High School - For being
the 2001 Iowa High School State Wrestling Champion in the Class 3-A,
160lb weight class.


2001\602 Travis Paulson, Council Bluffs Lewis Central High School - For being
the 2001 Iowa High School State Wrestling Champion in the Class 3-A,
145lb weight class.

2001\603 Chad Davis, Council Bluffs Lewis Central High School - For being the
2001 Iowa High School State Wrestling Champion in the Class 3-A,
130lb weight class.

2001\604 Brandon Mason, Council Bluffs Lewis Central High School - For being
the 2001 Iowa High School State Wrestling Champion in the Class 3-A,
135lb weight class.

2001\605 Trent Paulson, Council Bluffs Lewis Central High School - For being
the 2001 Iowa High School State Wrestling Champion in the Class 3-A,
140lb weight class.

2001\606 Bonnie and Jack Good, Colfax - For celebrating their 50th wedding
anniversary.

2001\607 Wilma and Harold Hill, Indianola - For celebrating their 50th wedding
anniversary.

2001\608 Josephine Roeder, Boone - For celebrating her 90th birthday.

2001\609 Marvel Enslow, Boone - For celebrating his 90th birthday.

2001\610 Elton Schultz, Ogden - For celebrating his 89th birthday.

2001\611 Pat and Don Bennett, Boone - For celebrating their 50th wedding
anniversary.

2001\612 Mary and Wayne Howard, Indianola - For celebrating their 61st
wedding anniversary.

2001\613 Robert L. Skahill, Dubuque - For receiving the Warren Coleman
Award and for his Humanitarian and Community Service.

SUBCOMMITTEE ASSIGNMENTS

House File 526

State Government: Gipp, Chair; Larkin and Metcalf.

House File 563

Judiciary: Grundberg, Chair; Kreiman and Shey.

House File 596

Labor and Industrial Relations: Millage, Chair; Horbach and Winckler.


House File 602

Economic Development: Cormack, Chair; Hoversten and O'Brien.

House File 616

Economic Development: Dotzler, Chair; Cormack and Jenkins.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 166

Human Resources: Hoversten, Chair; Boddicker and Smith.

House Study Bill 209 Reassigned

Economic Development: Boggess, Chair; Atteberry and Cormack.

House Study Bill 210 Reassigned

Economic Development: Boggess, Chair; Atteberry and Cormack.

House Study Bill 211

Judiciary: Raecker, Chair; Ford and Shey.

House Study Bill 227

Agriculture: Johnson, Chair; Frevert and Huseman.

House Study Bill 228

Agriculture: Alons, Chair; Mertz and Rekow.

House Study Bill 229

Judiciary: Millage, Chair; Jochum and Shey.

House Study Bill 230

Judiciary: Eichhorn, Chair; Kettering and Kreiman.

House Study Bill 233

Judiciary: Tremmel, Chair; Baudler and Shey.


HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 234 Economic Development

Relating to the employment security administrative contribution
surcharges, and providing an effective date.

H.S.B. 235 Appropriations

Establishing a growth rate limit for the state general fund
expenditure limitation.

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 AGRICULTURE

Committee Bill (Formerly House File 539), relating to life science initiatives by
providing for an income, franchise, and gross premiums tax credit for making capital
investments in a cooperative association or limited liability company organized to
operate a renewable fuel production facility or a development facility designed to
produce products from agricultural goods and including applicability date provisions.

Fiscal Note is not required.

Recommended Amend and Do Pass March 14, 2001.

Committee Bill (Formerly House Study Bill 221), relating to the regulation of
grain dealers by providing an exception for limited liability companies that produce
renewable fuel.

Fiscal Note is not required.

Recommended Do Pass March 14, 2001.

Committee Bill (Formerly House Study Bill 228), providing for a weed-free
certification program for forage or mulch, and establishing fees.

Fiscal Note is not required.

Recommended Amend and Do Pass March 14, 2001.

COMMITTEE ON EDUCATION

Committee Bill (Formerly House Study Bill 201), relating to the establishment of
a student achievement and teacher quality program.

Fiscal Note is not required.

Recommended Amend and Do Pass March 14, 2001.

COMMITTEE ON HUMAN RESOURCES

Committee Bill (Formerly House File 510), relating to the delivery of services by
certain health care professionals and health facilities and providing definitions.

Fiscal Note is not required.

Recommended Do Pass March 14, 2001.

Committee Bill (Formerly House File 531), relating to the establishment of a
system of oversight for adult day services.

Fiscal Note is not required.

Recommended Do Pass March 14, 2001.

Committee Bill (Formerly House Study Bill 166), requiring the department of
human services to establish a statewide central intake unit for receiving reports of
child abuse.

Fiscal Note is not required.

Recommended Amend and Do Pass March 14, 2001.

COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Committee Bill (Formerly House File 546), providing that certain employees are
not entitled to compensation for time spent traveling to and from the worksite.

Fiscal Note is not required.

Recommended Amend and Do Pass March 14, 2001.

COMMITTEE ON NATURAL RESOURCES

House File 184, a bill for an act relating to the issuance of an any-sex deer license
to a resident who first takes an antlerless deer during a season.

Fiscal Note is required.

Recommended Do Pass March 12, 2001.


Committee Bill (Formerly House File 337), relating to the daily catch and
possession limits for crappies and subjecting violators to an existing penalty.

Fiscal Note is not required.

Recommended Do Pass March 13, 2001.

Committee Bill (Formerly House File 520), relating to reciprocal nonresident
hunting and fishing fees with the state of South Dakota.

Fiscal Note is not required.

Recommended Amend and Do Pass March 13, 2001.

RESOLUTION FILED

HCR 23, by Shoultz, a concurrent resolution requesting that the
governor of the state of Iowa, the department of public health, the
state board of nursing, the state board of medical examiners, the
state board of dental examiners, and the state board of pharmacy
examiners streamline the licensing process for immigrants to the
United States.

Laid over under Rule 25.

AMENDMENTS FILED

H-1230 H.F. 389 Bukta of Clinton
H-1231 H.F. 577 Osterhaus of Jackson
H-1232 H.F. 577 Osterhaus of Jackson
H-1233 H.F. 577 Osterhaus of Jackson
H-1234 H.F. 577 Osterhaus of Jackson
H-1235 H.F. 577 Osterhaus of Jackson
H-1236 H.F. 577 Osterhaus of Jackson
H-1237 H.F. 577 Osterhaus of Jackson

On motion by Rants of Woodbury the House adjourned at 9:24
a.m., until 8:45 a.m., Thursday, March 15, 2001.


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