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House Journal: Monday, March 26, 2001

JOURNAL OF THE HOUSE

Seventy-eighth Calendar Day - Fifty-third Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, March 26, 2001

The House met pursuant to adjournment at 1:05 p.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend De Ann Klapp, pastor of the
United Methodist Church, Pisgah, also of Mondamin and Little Sioux.
She was the guest of Representative Donna Barry of Harrison
County.

The Journal of Friday, March 23, 2001 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Lance Yedersberger, an
American citizen for four months, formerly from Canada, and his
friend Jerry Yellin, a captain and P-51 pilot in WWII. They were the
guests of the Honorable Rebecca Reynolds from Van Buren County.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Heaton of Henry on request of Barry of Harrison and Schrader of Marion on request
of Myers of Johnson.

SPECIAL PRESENTATION

Larson of Linn introduced to the House, David Garrison, an artist
from Burlington. His art work is currently displayed on the main
floor of the rotunda.

The House rose and expressed its welcome.

Witt of Black Hawk introduced to the House, Whitney Bauer and
Bryan Slauson, students from Southeast Polk High School in
Runnells. They sang "Unforgettable" in honor of the anniversary of
his secretary, Jean and Senate Doorkeeper, Kermit Tannatt.

The House rose and expressed its appreciation.

INTRODUCTION OF BILL

House File 702, by Frevert, a bill for an act relating to animal
feeding operations, by providing for small animal feeding operations.

Read first time and referred to committee on agriculture.

SENATE MESSAGES CONSIDERED

Senate File 405, by committee on state government, a bill for an
act relating to the method of identifying precincts to be recounted for
purposes of election recounts.

Read first time and referred to committee on state government.

Senate File 479, by committee on natural resources and
environment, a bill for an act relating to wastewater systems,
establishing a fund, appropriating moneys from the fund, and
providing an effective date.

Read first time and referred to committee on appropriations.

CONSIDERATION OF BILLS
Regular Calendar

House Joint Resolution 9, a joint resolution 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, was taken up for consideration.

SENATE JOINT RESOLUTION 6 SUBSTITUTED FOR HOUSE
JOINT RESOLUTION 9

Baudler of Adair asked and received unanimous consent to
substitute Senate Joint Resolution 6 for House Joint Resolution 9.

Senate Joint Resolution 6, a joint resolution 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, was taken up for consideration.

Baudler of Adair 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?" (S.J.R. 6)

The ayes were, 57:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Garman Gipp Grundberg Hahn
Hansen Hatch Hoffman Horbach
Houser Hoversten Huseman Jacobs
Jenkins Johnson Kettering Klemme
Kuhn Larson Manternach Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Sievers
Sukup Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Weidman
Mr. Speaker
Siegrist

 


The nays were, 41:
Atteberry Bell Brunkhorst Bukta
Chiodo Cohoon Connors Dotzler
Falck Fallon Foege Ford
Frevert Greimann Huser Jochum
Kreiman Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reynolds Richardson Scherrman Seng
Shoultz Smith Stevens Taylor, D.
Taylor, T. Warnstadt Winckler Wise
Witt

 


Absent or not voting, 2:
Heaton Schrader

 


The joint resolution having received a constitutional majority was
declared to have been adopted and agreed to by the House.


House File 384, a bill for an act relating to the elimination of
programs and duties of the department of economic development, was
taken up for consideration.

Elgin of Linn offered the following amendment H-1247 filed by him
and moved its adoption:

H-1247

1 Amend House File 384 as follows:
2 1. Page 1, by inserting after line 6 the
3 following:
4 "Sec. . Section 15.108, subsection 7, paragraph
5 c, subparagraph (5), Code 2001, is amended by striking
6 the subparagraph."
7 2. By renumbering as necessary.

Amendment H-1247 was adopted.

Elgin of Linn offered the following amendment H-1248 filed by him
and moved its adoption:

H-1248

1 Amend House File 384 as follows:
2 1. Page 1, by inserting after line 8 the
3 following:
4 "Sec. . Section 15.246, unnumbered paragraph 1,
5 Code 2001, is amended to read as follows:
6 The department shall establish and administer a
7 case management program, contingent upon the
8 availability of funds authorized for the program, and
9 conducted in coordination with the job training
10 partnership program, the self-employment loan program,
11 and other state or federal programs providing
12 financial or technical assistance administered by the
13 department. The case management program shall assist
14 in furnishing information about available assistance
15 to clients seeking to establish or expand small
16 business ventures, furnishing information about
17 available financial or technical assistance,
18 evaluating small business venture proposals,
19 completing viable business start-up or expansion
20 plans, and completing applications for financial or
21 technical assistance under the programs administered
22 by the department. As used in this section, "client"
23 means a low-income person eligible for assistance
24 under the self-employment loan program established in


25 section 15.241."
26 2. Page 2, by inserting after line 7 the
27 following:
28 "Sec. . Section 84A.5, subsection 6, paragraph
29 e, Code 2001, is amended by striking the paragraph.
30 Sec. . Section 96.11, subsection 6, paragraph
31 c, subparagraph (8), Code 2001, is amended by striking
32 the subparagraph.
33 Sec. . Section 97B.1A, subsection 8, paragraph
34 a, subparagraph (6), Code 2001, is amended by striking
35 the subparagraph.
36 Sec. . Section 241.3, subsection 2, Code 2001,
37 is amended to read as follows:
38 2. The department shall consult and cooperate with
39 the department of workforce development, the United
40 States commissioner of social security administration,
41 the division of the status of women of the department
42 of human rights, the representative of the
43 administrative agency administering the Job Training
44 Partnership Act, the department of education, and
45 other persons in the executive branch of the state
46 government as the department considers appropriate to
47 facilitate the coordination of multipurpose service
48 programs established under this chapter with existing
49 programs of a similar nature.
50 Sec. . Section 499A.104, subsection 4,

Page 2

1 paragraph b, subparagraph (5), Code 2001, is amended
2 to read as follows:
3 (5) Construction training program schedule for
4 partners. The program shall involve, to the greatest
5 extent possible, persons participating as dislocated
6 workers under the federal Job Training Partnership Act
7 as provided in section 7B.1. If a contract is
8 executed with a person to perform skilled labor or to
9 supervise skilled work, the person must be certified
10 by an organization recognized as representing a
11 membership of persons with common skills.
12 Sec. . Chapter 7B, Code 2001, is repealed."
13 3. Page 2, line 15, by striking the word and
14 figure "and 16.143" and inserting the following:
15 "16.143, and 231.53".
16 4. Title page, line 1, by striking the words
17 "programs and" and inserting the following: "certain
18 economic development and job training related programs
19 and certain."
20 5. By renumbering as necessary.

Amendment H-1248 was adopted.

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. 384)

The ayes were, 97:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Hoffman Horbach Houser 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
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, 3:
Heaton Hoversten Schrader

 


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


HOUSE JOINT RESOLUTION 9 WITHDRAWN

Baudler of Adair asked and received unanimous consent to
withdraw House Joint Resolution 9 from further consideration by the
House.

House File 73, a bill for an act relating to the powers and duties
of the executive director of the commission of veterans affairs by
providing for the recognition of honor guard units of veterans
organizations to perform honor guard services, with report of
committee recommending amendment and passage, was taken up for
consideration.

Eichhorn of Hamilton offered the following amendment H-1261
filed by the committee on state government and moved its adoption:

H-1261

1 Amend House File 73 as follows:
2 1. Page 1, by striking lines 7 through 14 and
3 inserting the following:
4 "2. a recognized military veterans organization, a
5 reserve officer training corps, or an honor guard unit
6 of the organization or corps shall be allowed to
7 perform honor guard services on public school property
8 or other public property in this state. The honor
9 guard services are not a violation of any public
10 policy, rule, regulation, resolution, or ordinance
11 which prohibits the possession or display of rifles or
12 firearms on public school property or other public
13 property in this state."

The committee amendment H-1261 was adopted.

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

On the question "Shall the bill pass?" (H.F. 73)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
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 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:
Heaton Schrader

 


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 73 and 384 and Senate Joint Resolution 6.

House File 579, a bill for an act relating to the administration
and management of the department of personnel, was taken up for
consideration.

Gipp of Winneshiek in the chair at 1:56 p.m.

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. 579)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman 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
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Heaton Schrader

 


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

House File 535, a bill for an act allowing cities to issue general
obligation bonds, revenue bonds, or loan agreements to fund the
construction and equipping of child care centers and providing an
effective date, was taken up for consideration.

Sievers of Scott 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. 535)

The ayes were, 84:
Alons Arnold Atteberry Barry
Baudler Bell Boggess Bradley
Broers Brunkhorst Bukta Carroll
Chiodo Cohoon Connors Cormack
Dix Dotzler Eddie Elgin
Falck Fallon Finch Foege
Ford Frevert Greimann Grundberg
Hahn Hansen Hatch Hoffman
Houser Hoversten Huseman Jacobs
Jenkins Jochum Johnson Kettering
Kreiman Kuhn Larkin Larson
Lensing Mascher May Mertz
Metcalf Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Rekow Reynolds
Richardson Roberts Scherrman Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Gipp,
Presiding

 


The nays were, 14:
Boal Boddicker Brauns De Boef
Dolecheck Drake Eichhorn Garman
Horbach Huser Klemme Manternach
Millage Tyrrell

 


Absent or not voting, 2:
Heaton Schrader

 


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

House File 590, 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
and making penalties applicable, was taken up for consideration.

Carroll of Poweshiek asked and received unanimous consent that
amendment H-1328 be deferred.


Carroll of Poweshiek offered the following amendment H-1329
filed by him and moved its adoption:

H-1329

1 Amend House File 590 as follows:
2 1. Page 4, by inserting after line 9, the
3 following:
4 "7A. a hospital, health care provider, or other
5 person who is authorized to perform a test under this
6 section who performs the test in compliance with this
7 section or who fails to perform the test authorized
8 under this section, is immune from any liability,
9 civil or criminal, which might otherwise be incurred
10 or imposed.
11 7B. a hospital, health care provider, or other
12 person who is authorized to perform a test under this
13 section has no duty to perform the test authorized."
14 2. Page 4, line 11, by inserting after the word
15 "section." the following: "The department may
16 determine by rule the contagious or infectious
17 diseases for which testing is reasonable and
18 appropriate and which may be administered under this
19 section."
20 3. Page 4, by inserting after line 11, the
21 following:
22 " . The employer of a care provider who
23 sustained an exposure under this section shall pay the
24 costs of testing for the individual who is the source
25 of the exposure and of the testing of the care
26 provider, if the exposure was sustained during the
27 course of employment. However, the department shall
28 pay the costs of testing for the individual who is the
29 source of the significant exposure and of the testing
30 of the care provider who renders direct aid without
31 compensation."
32 4. Page 7, by inserting after line 25, the
33 following:
34 " . a hospital, health care provider, or other
35 person who is authorized to perform an HIV test under
36 this section, who performs the HIV test in compliance
37 with this section or who fails to perform an HIV test
38 authorized under this section, is immune from any
39 liability, civil or criminal, which might otherwise be
40 incurred or imposed.
41 . a hospital, health care provider, or other
42 person who is authorized to perform a test under this
43 section has no duty to perform the HIV test
44 authorized."
45 5. By renumbering as necessary.


Amendment H-1329 was adopted.

Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-1328 filed by him on March 22, 2001.

Carroll of Poweshiek 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. 590)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman 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
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Heaton Schrader

 


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

IMMEDIATE MESSAGES

Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
535, 579 and 590.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 26, 2001, passed the following bill in which the concurrence of the Senate was
asked:

House File 194, a bill for an act relating to nonsubstantive Code corrections and
including effective and retroactive applicability provisions.

Also: That the Senate has on March 26, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 323, a bill for an act relating to the standard for investment of
retirement funds by municipal utilities.

Also: That the Senate has on March 26, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 407, a bill for an act relating to the regulatory authority and procedures
of the department of natural resources by providing for the issuance of limited quota
licenses and the issuance of licenses and permits by electronic means.

Also: That the Senate has on March 26, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 449, a bill for an act exempting property owned and operated by an
Indian housing authority from property tax and including an effective date.

Also: That the Senate has on March 26, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 452, a bill for an act requiring the use of a uniform prescription drug
information card by providers of third-party payment or prepayment of prescription
drug expenses.

MICHAEL E. MARSHALL, Secretary

House File 678, a bill for an act relating to child custody and
visitation including the requirement of mediation when a custody
arrangement is disputed, was taken up for consideration.


Kreiman of Davis offered amendment H-1326 filed by him and
Richardson of Warren as follows:

H-1326

1 Amend House File 678 as follows:
2 1. Page 1, by inserting after line 16, the
3 following:
4 "Sec. . Section 598.17, Code 2001, is amended
5 by adding the following new unnumbered paragraph:
6 NEW UNNUMBERED PARAGRAPH. A decree dissolving the
7 marriage shall include a finding that states the name
8 and age of each minor child by date of birth whose
9 welfare may be affected by the dissolution. The
10 decree shall also include a finding that states
11 whether the wife is pregnant."
12 2. Title page, line 1, by inserting after the
13 word "to" the following: "parents and children
14 including provisions relating to".
15 3. By renumbering as necessary.

Millage of Scott rose on a point of order that amendment H-1326
was not germane.

The Speaker ruled the point well taken and amendment H-1326
not germane.

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. 678)

The ayes were, 82:
Alons Arnold Barry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Falck Fallon Finch Foege
Ford Frevert Greimann Grundberg
Hahn Hansen Hatch Hoffman
Horbach Houser Hoversten Huseman
Jacobs Jenkins Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Manternach May Mertz
Metcalf Myers O'Brien Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Seng Shey Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, D.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Witt Gipp,
Presiding

 


The nays were, 16:
Atteberry Bukta Dotzler Garman
Huser Jochum Lensing Mascher
Millage Murphy Osterhaus Petersen
Shoultz Taylor, T. Winckler Wise

 


Absent or not voting, 2:
Heaton Schrader

 


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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 26, 2001, passed the following bill in which the concurrence of the Senate was
asked:

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

Also: That the Senate has on March 26, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 410, a bill for an act relating to the application of certain air quality
requirements to indoor emission units or air contaminant sources.

Also: That the Senate has on March 26, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 462, a bill for an act relating to the energy loan fund administered by
the department of natural resources.

Also: That the Senate has on March 26, 2001, passed the following bill in which the
concurrence of the House is asked:


Senate File 466, a bill for an act relating to child care and protection public policy
provisions involving children.

MICHAEL E. MARSHALL, Secretary

House File 674, a bill for an act relating to the reorganization or
dissolution of an area education agency, was taken up for
consideration.

Tymeson of Madison 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. 674)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman 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
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Heaton Schrader
The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

 

House File 669, a bill for an act relating to the acceptance and
administration of trusts by a school corporation board of directors,
was taken up for consideration.

Wise of Lee 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. 669)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman 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
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Heaton Schrader
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 669, 674 and 678.

Appropriations Calendar

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, with report of committee recommending passage,
was taken up for consideration.

The House stood at ease at 3:37 p.m., until the fall of the gavel.

The House resumed session at 4:35 p.m., Speaker Siegrist in the
chair.

Murphy of Dubuque asked and received unanimous consent that
amendment H-1119 be deferred.

Mascher of Johnson asked and received unanimous consent that
amendment H-1130 be deferred.

Mascher of Johnson offered the following amendment H-1138 filed
by her and moved its adoption:

H-1138

1 Amend Senate File 66, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. SAVINGS ACCOUNT FUND APPROPRIATION.
6 There is appropriated from the general fund of the
7 state to the department of education for the fiscal
8 year beginning July 1, 2001, and ending June 30, 2002,
9 the following amount, or so much thereof as is
10 necessary, to be used for the purpose designated:
11 For deposit in the teacher compensation reform and

12 student achievement savings account fund created in
13 section 8.57B:
14 $ 42,000,000
15 Notwithstanding section 8.33, moneys appropriated
16 in this section shall not revert at the close of the
17 fiscal year."
18 2. Page 1, line 6, by inserting after the word
19 "limitation." the following: "The governor's budget
20 transmitted in accordance with section 8.21 shall
21 incorporate all other funds affecting directly or
22 indirectly the condition of the general fund of the
23 state, including but not limited to the funds created
24 in sections 8.55, 8.56, 8.57, 8.57A, and 8.57B."
25 3. Page 1, by inserting after line 16, the
26 following:
27 "Sec. . NEW SECTION. 8.57B TEACHER
28 COMPENSATION REFORM AND STUDENT ACHIEVEMENT SAVINGS
29 ACCOUNT FUND.
30 1. A teacher compensation reform and student
31 achievement savings account fund is created as a
32 separate and distinct fund in the state treasury under
33 the control of the department of education. Moneys in
34 the fund in a fiscal year shall be used as directed by
35 the general assembly for teacher compensation reform
36 and student achievement activities approved by the
37 Seventy-ninth General Assembly, First Regular Session,
38 or by future general assemblies.
39 2. Revenue for the teacher compensation reform and
40 student achievement savings account fund shall be
41 deposited with the treasurer of state and credited to
42 the fund and shall include, but is not limited to,
43 moneys in the form of a devise, gift, bequest,
44 donation, federal or other grant, reimbursement,
45 repayment, judgment, transfer, payment, or
46 appropriation from any source intended to be used for
47 the purposes of the fund.
48 3. Notwithstanding section 8.33, moneys
49 appropriated for deposit in the teacher compensation
50 reform and student achievement savings account fund

Page 2

1 shall not revert but shall remain available for
2 expenditure as directed by the general assembly in
3 appropriations made from the fund."
4 4. Title page, line 4, by inserting after the
5 word "assembly" the following: "and making an
6 appropriation".


Roll call was requested by Murphy of Dubuque and Warnstadt of
Woodbury.

On the question "Shall amendment H-1138 be adopted?" (S.F. 66)

The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Lensing
Mascher May Mertz Murphy
Myers O'Brien Osterhaus Petersen
Quirk Reynolds Richardson Scherrman
Seng Shoultz Smith Stevens
Taylor, D. Taylor, T. Tremmel Warnstadt
Winckler Witt

 


The nays were, 54:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Garman Gipp Hahn Hansen
Heaton Hoffman Horbach Houser
Hoversten Huseman Jacobs Jenkins
Johnson Kettering Klemme Larson
Manternach Metcalf Millage Raecker
Rants Rayhons Rekow Roberts
Shey Sievers Sukup Teig
Tymeson Tyrrell Van Engelenhoven Van Fossen
Weidman Mr. Speaker
Siegrist

 


Absent or not voting, 4:
Carroll Grundberg Schrader Wise
Amendment H-1138 lost.

 


Hatch of Polk offered the following amendment H-1152 filed by
him and moved its adoption:

H-1152

1 Amend Senate File 66, as passed by the Senate, as

2 follows:
3 1. Page 1, line 4, by inserting after the figure
4 "7." the following: "The governor in submitting the
5 budget under section 8.21, and the general assembly in
6 passing a budget, shall not have recurring
7 expenditures in excess of recurring revenues."

A non-record roll call was requested.

The ayes were 40, nays 53.

Amendment H-1152 lost.

Rants of Woodbury asked and received unanimous consent that
Senate File 66 be deferred and that the bill be placed on the
unfinished business calendar.

SENATE FILE 509 PASSED ON FILE

The Speaker announced that Senate File 509, previously referred
to committee on appropriations was passed on file.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on March 22 and
26, 2001. Had I been present, I would have voted "aye" on House
Files 73, 384, 518, 535, 550, 560, 567, 579, 590, 597, 608, 630, 636,
637, 643, 669, 674, 678, Senate Joint Resolution 6 and "nay" on
amendment H-1259 to House File 643.

HEATON of Henry

BILL ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill
has been examined and found correctly enrolled, signed by the Speaker of the House
and the President of the Senate, and presented to the Governor for his approval on this
26th day of March, 2001: House File 327.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

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

Anna Voltmer from Decorah High School, Decorah, accompanied by
Mrs. Jo Ann Voltmer. By Gipp of Winneshiek.

Mareike Bruemmer and Nicole Obst foreign exchange students
from Germany and currently attending school in Osage, accompanied
by Bill and Carol Schmidt. By Kuhn of Floyd.

Twenty-eight 9th through 12th grade students from Hampton-
Dumont, Cal-Dows, Sheffield-Chapin, Merservey-Thornton, accom-
panied by Ken Kasper, Ann Lukensmeyer and Sharron Meyer. By
Sukup of Franklin.

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\666 Belvia Berlingame Wood, Norwalk - For celebrating her 100th birthday.

2001\667 Pinkie Galbreath, Onawa - For celebrating her 103rd birthday.

2001\668 Ileen Koch, Mapleton - For celebrating her 80th birthday.

2001\669 Katy and Chuck Johnson, Whiting - For celebrating their 63rd wedding
anniversary.

2001\670 John J. Petersen, Denison - For celebrating his 83rd birthday.

2001\671 Velma and Don Lindstrom, Kiron - For celebrating their 60th wedding
anniversary.

2001\672 Don Maasen, Westside - For celebrating his 80th birthday.

2001\673 Paul Heitritter, Boyden - For being the Boyden-Hull basketball team
member selected to the Class 1-A All-Tournament Team.

2001\674 Bertha and Sam Johnson, Ringstead - For celebrating their 50th
wedding anniversary.

2001\675 Joyce and Ralph Shriner, Estherville - For celebrating their 50th
wedding anniversary.

2001\676 June and Gordon Lockey, Milford - For celebrating their 50th wedding
anniversary.

2001\677 Mr. Elwood Cother, Lakewood, CA - For celebrating his 90th birthday.

2001\678 Donna and Kenneth Simons, Fairfield - For celebrating their 50th
wedding anniversary.

2001\679 John Howard, Indianola - For celebrating his 80th birthday.

2001\680 Phyllis Watkins, Hartford - For celebrating her 80th birthday.

2001\681 Patricia Harvey, Waterloo - For celebrating her 75th birthday.

2001\682 Doris and Glen Niedermann, Elk Run Heights - For celebrating their
50th wedding anniversary.

2001\683 Gwen Scoles, Evansdale - For celebrating her 80th birthday.

2001\684 Leona Hubbard, Waterloo - For celebrating her 91st birthday.

2001\685 Dr. William and Kathleen Girsch, Waterloo - For celebrating their 80th
birthdays.

2001\686 Florence and Gus Wrage, Gladbrook - For celebrating their 50th
wedding anniversary.

2001\687 C. J. Barkema, Muscatine - For being named to the Iowa Newspaper
Association's All-State Team.

2001\688 Jean and Kermit Tannatt, Des Moines - For celebrating their 50th
wedding anniversary.

2001\689 Alex Burchett, Eldora - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\690 Anne Wignall, Newton - For winning the 2001 Prudential Spirit of
Community Award.

2001\691 Christopher Donahue, PCM - For being selected to perform LP at the
All-State Individual Speech Festival.

2001\692 Lisa Clinkenbeard, PCM - For being selected to perform Prose at the
All-State Individual Speech Festival.

2001\693 Felix Schmegner, Colfax-Mingo - For being selected to perform Acting
at the All-State Individual Speech Festival.


2001\694 Ryan Borts, Colfax-Mingo - For being selected to perform Poetry at the
All-State Individual Speech Festival.

2001\695 Kelsie Goodman, Colfax-Mingo - For being selected to perform
Storytelling at the All-State Individual Speech Festival.

2001\696 James M. Zempel, Spirit Lake - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2001\697 Dorothy and Norvil Felderman, Bellevue - For celebrating their 50th
wedding anniversary.

2001\698 Helen and William Alden, Maquoketa - For celebrating their 65th
wedding anniversary.

2001\699 Freda and Gerald DeLarm, Monmouth - For celebrating their 50th
wedding anniversary.

2001\700 Vivian and Ross River, Maquoketa - For celebrating their 50th wedding
anniversary.

2001\701 Louise and Junior Lane, Norwalk - For celebrating their 50th wedding
anniversary.

2001\702 Marjorie Hoppe, Correctionville - For celebrating her 80th birthday.

2001\703 Peter Nielsen, Ida Grove - For celebrating his 80th birthday.

2001\704 Mary Ludwig, Early - For celebrating her 90th birthday.

2001\705 Alvera Ruchti, Lake View - For celebrating her 91st birthday.

2001\706 Bessi Groth, Correctionville - For celebrating her 95th birthday.

2001\707 Arline Hunter, Lake View - For celebrating her 95th birthday.

2001\708 Mr. and Mrs. Merrill Webb, Shenandoah - For celebrating their 60th
wedding anniversary.

2001\709 Alice and Billie Chase, Osceola - For celebrating their 50th wedding
anniversary.

2001\710 Charlene and Clifford Jones, Osceola - For celebrating their 60th
wedding anniversary.

2001\711 Phyllis McMillin, Bedford - For celebrating her 90th birthday.

2001\712 Velma Fink, Fairbank - For celebrating her 85th birthday.

2001\713 Gen and Ernie Schwarz, Clinton - For celebrating their 50th wedding
anniversary.


2001\714 Malee Ketelsen, Clinton - For receiving the International Academy of
Trial Lawyers Award.

SUBCOMMITTEE ASSIGNMENTS

Senate File 57

Local Government: Weidman, Chair; Arnold and Warnstadt.

Senate File 209

Agriculture: Rekow, Chair; Johnson and Scherrman.

Senate File 349

State Government: Gipp, Chair; Garman, Jochum, Reynolds and Van Engelenhoven.

Senate File 394

Human Resources: Boal, Chair; Boddicker and Reynolds.

Senate File 412

Education: Finch, Chair; Bukta and Eddie.

Senate File 428

Human Resources: Hoversten, Chair; Boddicker and Smith.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 11.1 Ways and Means (Revised)

Establishing an interstate distribution center initiative by identifying
an activity of a foreign corporation which does not constitute doing
business in or deriving income from sources within the state and for
which a return is not required for state income tax purposes and
including effective and retroactive applicability date provisions.

H.S.B. 35.1 Ways and Means (Revised)

Establishing a small business growth initiative by adjusting the
allocation to Iowa of income earned by an S corporation for purposes
of the state individual income tax and including a retroactive
applicability date provision.
H.S.B. 244 Ways and Means


Establishing a new economy employment initiative by providing for a
partial deduction under the individual income tax for the capital gain
from the sale or exchange of capital stock of a corporation which was
acquired by an individual on account of employment with the
corporation, limiting the fiscal impact of the partial deductions, and
including an effective and retroactive applicability date provision.

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 WAYS AND MEANS

Committee Bill (Formerly House Study Bill 131), relating to sales and use taxes
on the delivery of electricity and natural gas.

Fiscal Note is not required.

Recommended Do Pass March 21, 2001.

Committee Bill (Formerly House Study Bill 164), exempting property owned and
operated by an Indian housing authority from property tax and including an effective
date.

Fiscal Note is not required.

Recommended Do Pass March 21, 2001.

RESOLUTIONS FILED

HR 26, by Larson, Van Fossen, Bell, Rants, and Sukup, a resolution
congratulating Maytag Corporation on being named an Energy Star
Partner of the Year.

Laid over under Rule 25.

HR 27, by Alons, a resolution congratulating the Men's and Women's
Basketball Teams of Northwestern College of Orange City.


Laid over under Rule 25.

AMENDMENTS FILED

H-1330 H.F. 577 Jenkins of Black Hawk
H-1331 H.F. 695 Brunkhorst of Bremer
Dotzler of Black Hawk
H-1332 H.F. 680 Hoversten of Woodbury
H-1333 H.F. 680 Foege of Linn
H-1334 H.F. 598 Foege of Linn
H-1335 H.F. 304 Jacobs of Polk
H-1336 H.F. 681 Hansen of Pottawattamie
Johnson of Osceola
H-1337 H.F. 304 Fallon of Polk
Cormack of Webster
H-1338 H.F. 656 Eichhorn of Hamilton
H-1339 H.F. 635 T. Taylor of Linn
Dotzler of Black Hawk
H-1340 H.F. 635 T. Taylor of Linn
H-1341 H.F. 635 T. Taylor of Linn
H-1342 H.F. 680 Hoversten of Woodbury
Foege of Linn
H-1343 H.F. 618 Warnstadt of Woodbury
H-1344 H.F. 416 Alons of Sioux
Eichhorn of Hamilton
H-1345 H.F. 635 Murphy of Dubuque
H-1346 H.F. 662 Houser of Pottawattamie
Foege of Linn

On motion by Rants of Woodbury the House adjourned at 5:15
p.m., until 8:45 a.m., Tuesday, March 27, 2001.


Previous Day: Friday, March 23Next Day: Tuesday, March 27
Senate Journal: Index House Journal: Index
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