House Journal: Thursday, March 29, 2001
JOURNAL OF THE HOUSE
Eighty-first Calendar Day - Fifty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 29, 2001
The House met pursuant to adjournment at 8:48 a.m., Speaker pro
tempore Sukup in the chair.
Prayer was offered by Reverend Don Fisher, pastor of Westminster
Presbyterian Church, Clarinda. He was the guest of Representative
Effie Boggess of Page County and Journal Room Page, Hannah
Roberts.
The Journal of Wednesday, March 28, 2001 was approved.
PETITION FILED
The following petition was received and placed on file:
By Barry of Harrison from forty-one constituents of the 82nd
District favoring an upgrade of telephone service. Barry and sixteen
Representatives have signed a letter of support of the Broadband
Internet Access Act (S.88) to United States Senator Charles Grassley.
INTRODUCTION OF BILL
House File 706, by committee on appropriations, a bill for an act
relating to energy conservation including making appropriations of
petroleum overcharge funds.
Read first time and placed on the appropriations calendar.
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 28, 2001, amended and passed the following bill in which the concurrence of the
House is asked:
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.
Also: That the Senate has on March 28, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 313, a bill for an act relating to removal of county board of supervisor
appointees.
Also: That the Senate has on March 28, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 335, a bill for an act relating to species of animals by classifying certain
species as livestock and providing exemptions from the sales and use tax for feed used
to support the species.
Also: That the Senate has on March 28, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 485, a bill for an act relating to jurisdiction in criminal forfeiture
proceedings.
Also: That the Senate has on March 28, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 486, a bill for an act relating to the assessment of a law enforcement
initiative surcharge on certain criminal offenses.
Also: That the Senate has on March 28, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 500, a bill for an act relating to insurance, by addressing the operation
and regulation of insurance companies, mutual insurance associations, the Iowa
insurance guaranty association, and other insurance or risk-assuming entities,
including the rights and duties of such entities and the powers and authority of the
insurance commissioner; by establishing jurisdiction and venue requirements for
actions against the Iowa insurance guaranty association; and providing penalties,
repeals, and effective dates.
Also: That the Senate has on March 28, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 505, a bill for an act requiring establishment of community review
committees and county child protection assistance teams.
MICHAEL E. MARSHALL, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Chiodo of Polk, Ford of Polk and Hatch of Polk, until their arrival, on request of
Kreiman of Davis.
CONSIDERATION OF BILLS
Regular Calendar
House File 526, a bill for an act providing an apprenticeship
program for Illinois barbers in lieu of existing Iowa barber licensure
requirements, with report of committee recommending amendment
and passage, was taken up for consideration.
Gipp of Winneshiek offered amendment H-1262 filed by the
committee on state government as follows:
H-1262
1 Amend House File 526 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. RECIPROCITY STANDARDS FOR BARBERS -
5 STUDY. The Iowa department of public health, in
6 conjunction with the board of barber examiners, shall
7 conduct a study regarding reciprocity standards,
8 including program hours required and apprenticeship
9 programs, for barbers in other states. The study
10 shall be conducted with the input of barber schools
11 and licensed barbers in this state, and shall examine
12 and review state law requirements concerning the
13 reciprocity practices of other states, with a
14 particular emphasis and focus on the states
15 surrounding and bordering the state of Iowa. The
16 objective of the study shall be to determine ways in
17 which the existing reciprocity system between the
18 state of Iowa and graduates of barber schools and
19 licensed barbers in other states can be improved to
20 achieve greater flexibility and promote the relocation
21 of qualified barbers to this state. The department
22 shall submit a report of its conclusions to the
23 members of the general assembly by December 15, 2001."
Gipp of Winneshiek offered the following amendment H(1276, to
the committee amendment H(1262, filed by him and moved its
adoption:
H-1276
1 Amend the amendment, H-1262, to House File 526 as
2 follows:
3 1. Page 1, by inserting after line 23 the
4 following:
5 " . Title page, by striking lines 1 and 2 and
6 inserting the following: "An Act providing for a
7 study of state law requirements in this state and
8 other states regarding barber reciprocity practices.""
Amendment H(1276 was adopted.
On motion by Gipp of Winneshiek the committee amendment
H-1262, as amended, was adopted.
Gipp of Winneshiek 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. 526)
The ayes were, 89:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Falck | Fallon | Finch |
|
Foege | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Heaton | Hoffman | Houser | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Lensing |
|
Manternach | Mascher | May | Mertz |
|
Metcalf | Millage | Murphy | Myers |
|
O'Brien | Osterhaus | Petersen | Quirk |
|
Raecker | Rayhons | Rekow | Reynolds |
|
Roberts | Scherrman | Schrader | Shey |
|
Shoultz | Smith | Stevens | Taylor, D. |
|
Taylor, T. | Teig | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Winckler | Wise | Witt |
|
Sukup, |
|
Presiding |
|
|
The nays were, 2:
|
Seng | Sievers |
Absent or not voting, 9:
Boggess | Dix | Ford | Hatch |
Horbach | Larson | Rants | Richardson |
Siegrist, Spkr. |
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
House File 561, a bill for an act repealing the requirement to fly a
flag or pennant on an all-terrain vehicle or snowmobile when
operating on a public road or street, was taken up for consideration.
May of Worth 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. 561)
The ayes were, 72:
|
Alons | Arnold | Atteberry | Barry |
|
Bell | Boddicker | Boggess | Bradley |
|
Brauns | Broers | Bukta | Chiodo |
|
Cohoon | Connors | Cormack | Dix |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Falck | Fallon | Foege |
|
Ford | Garman | Gipp | Hatch |
|
Heaton | Hoffman | Houser | Hoversten |
|
Huseman | Huser | Jacobs | Jochum |
|
Johnson | Kettering | Klemme | Kuhn |
|
Larkin | Manternach | Mascher | May |
|
Mertz | Millage | Murphy | Myers |
|
O'Brien | Osterhaus | Petersen | Quirk |
|
Rayhons | Rekow | Reynolds | Richardson |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Smith | Stevens | Taylor, D. |
|
Taylor, T. | Teig | Tremmel | Van Fossen |
|
Warnstadt | Wise | Witt | Sukup, |
|
| | | Presiding |
|
|
The nays were, 24:
|
Baudler | Boal | Brunkhorst | Carroll |
|
De Boef | Dolecheck | Finch | Frevert |
|
Greimann | Grundberg | Hahn | Hansen |
|
Jenkins | Kreiman | Lensing | Metcalf |
|
Raecker | Roberts | Sievers | Tymeson |
|
Tyrrell | Van Engelenhoven | Weidman | Winckler |
Absent or not voting, 4:
Horbach | Larson | Rants | Siegrist, Spkr. |
|
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
526 and 561.
The House stood at ease at 9:28 a.m., until the fall of the gavel.
The House resumed session at 10:48 a.m., Speaker pro tempore
Sukup in the chair.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 29, 2001, adopted the following resolution in which the concurrence of the House
is asked:
Senate Concurrent Resolution 21, a concurrent resolution to call upon the President
and the Congress of the United States to intervene on behalf of the cattle industry in
Iowa prior to the United States Environmental Protection Agency's implementation of
the agency's interpretation of the 1972 Clean Water Act.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGES CONSIDERED
Senate File 313, by Rittmer, a bill for an act relating to removal
of county board of supervisor appointees.
Read first time and referred to committee on local government.
Senate File 335, by committee on agriculture, a bill for an act
relating to species of animals by classifying certain species as
livestock and providing exemptions from the sales and use tax for
feed used to support the species.
Read first time and referred to committee on ways and means.
Senate File 485, by committee on judiciary, a bill for an act
relating to jurisdiction in criminal forfeiture proceedings.
Read first time and referred to committee on judiciary.
Senate File 486, by committee on judiciary, a bill for an act
relating to the assessment of a law enforcement initiative surcharge
on certain criminal offenses.
Read first time and referred to committee on judiciary.
Senate File 500, by committee on commerce, a bill for an act
relating to insurance, by addressing the operation and regulation of
insurance companies, mutual insurance associations, the Iowa
insurance guaranty association, and other insurance or risk-
assuming entities, including the rights and duties of such entities and
the powers and authority of the insurance commissioner; by
establishing jurisdiction and venue requirements for actions against
the Iowa insurance guaranty association; and providing penalties,
repeals, and effective dates.
Read first time and referred to committee on commerce and
regulation.
Senate File 505, by committee on human resources, a bill for an
act requiring establishment of community review committees and
county child protection assistance teams.
Read first time and referred to committee on human resources.
SPECIAL PRESENTATION
Hoffman of Crawford introduced to the House, Jacklyn Murray, a
student from West Monona Community High School recognized for
her volunteer service.
The House rose and expressed its welcome.
ADOPTION OF HOUSE RESOLUTION 20
Hoffman of Crawford called up for consideration House Resolution
20, a resolution honoring Jacklyn Murray for achieving the 2001
Prudential Spirit of Community Award, and moved its adoption.
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION
Bell of Jasper introduced to the House, Anne Wignall, a student at
Berg Middle School recognized for her volunteer service.
The House rose and expressed its welcome.
ADOPTION OF HOUSE RESOLUTION 25
Bell of Jasper called up for consideration House Resolution 25, a
resolution honoring Anne Wignall for achieving the 2001 Prudential
Spirit of Community Award, and moved its adoption.
The motion prevailed and the resolution was adopted.
SENATE FILE 140 PASSED ON FILE
The Speaker announced that Senate File 140, previously referred
to committee on ways and means was passed on file.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on March 28,
2001. Had I been present, I would have voted "aye" on House Files
624, 656 and 695.
CARROLL of Poweshiek
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
29th day of March, 2001: House File 597
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
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\741 Pat and Shorty Howell, Indianola - For celebrating their 50th wedding
anniversary.
2001\742 Wanda Cleveland, Norwalk - For celebrating her 85th birthday.
2001\743 Helen Fickel, Indianola - For celebrating her 89th birthday.
2001\744 Corey Stromley, Rockwell - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2001\745 Wilma and Raymond Swanson, Lockridge - For celebrating their 59th
wedding anniversary.
2001\746 Marie and Louis Hosek, Toledo - For celebrating their 65th wedding
anniversary.
2001\747 Evelyn and Ludvik Mayer, Chelsea - For celebrating their 50th wedding
anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 343 Reassigned
Ways and Means: Boal, Chair; Larkin and Sievers.
House File 685
Ways and Means: Van Fossen, Chair; Shey and Shoultz.
Senate File 341
Transportation: Johnson, Chair; Quirk and Weidman.
Senate File 342
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
Senate File 346
Judiciary: Baudler, Chair; Broers and Kreiman.
Senate File 391
Judiciary: Shey, Chair; Boddicker and Kreiman.
Senate File 474
Local Government: Weidman, Chair; Eddie and Reynolds.
Senate File 487
Judiciary: Shey, Chair; Baudler and Kreiman.
Senate File 499
Judiciary: Eichhorn, Chair; Shey and Tremmel.
Senate File 500
Commerce and Regulation: Hoffman, Chair; D. Taylor and Van Fossen.
Senate File 505
Human Resources: Hoversten, Chair; Boddicker and Smith.
COMMITTEE RECOMMENDATION
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 COMMERCE AND REGULATION
Senate File 169, a bill for an act limiting the exemption from regulation of certain
persons acting as an attorney in fact regarding certain real estate transactions.
Fiscal Note is not required.
Recommended Do Pass March 29, 2001.
Senate File 337, a bill for an act relating to transfers of structured settlement
payment rights for tort and workers' compensation claims, providing civil remedies,
and an applicability date.
Fiscal Note is not required.
Recommended Do Pass March 29, 2001.
Senate File 384, a bill for an act relating to pay plans for certain employees of the
credit union division of the department of commerce.
Fiscal Note is not required.
Recommended Do Pass March 29, 2001.
COMMITTEE ON ECONOMIC DEVELOPMENT
Senate File 141, a bill for an act relating to the allocation of program job credits to
program costs under the accelerated career education program and providing effective
and retroactive applicability dates.
Fiscal Note is not required.
Recommended Do Pass March 29, 2001.
COMMITTEE ON HUMAN RESOURCES
Senate File 198, a bill for an act relating to family investment program
requirements regarding the time period allowed for supported postsecondary education
assistance and including an applicability provision.
Fiscal Note is not required.
Recommended Do Pass March 29, 2001.
COMMITTEE ON LOCAL GOVERNMENT
Senate File 57, a bill for an act relating to approval of city ordinances granting
certain utility franchises.
Fiscal Note is not required.
Recommended Do Pass March 29, 2001.
COMMITTEE ON WAYS AND MEANS
Senate File 185, a bill for an act relating to the definition of factory-built
structures, the relocation of factory-built structures, the certification of installers of
manufactured homes, and providing a fee, an appropriation, and a civil penalty.
Fiscal Note is not required.
Recommended Do Pass March 28, 2001.
Committee Bill (Formerly House File 619), relating to the growing and processing
of grapes, creating a state commission, establishing a fund for certain tax receipts, and
providing an appropriation.
Fiscal Note is not required.
Recommended Do Pass March 29, 2001.
Committee Bill (Formerly House Study Bill 11.1), 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.
Fiscal Note is not required.
Recommended Amend and Do Pass March 28, 2001.
Committee Bill (Formerly House Study Bill 35.1), 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.
Fiscal Note is not required.
Recommended Do Pass March 28, 2001.
AMENDMENTS FILED
H-1380 H.F. 324 Senate Amendment
H-1381 H.F. 670 Stevens of Dickinson
H-1382 H.F. 670 Lensing of Johnson
H-1383 H.F. 670 Stevens of Dickinson
H-1384 H.F. 670 Grundberg of Polk
H-1385 H.F. 582 Richardson of Warren
H-1386 H.F. 670 Bukta of Clinton
H-1387 H.F. 670 Foege of Linn
H-1388 H.F. 670 Winckler of Scott
H-1389 H.F. 670 Mascher of Johnson
H-1390 H.F. 116 Winckler of Scott
H-1391 H.F. 670 Petersen of Polk
H-1392 H.F. 116 Hatch of Polk
H-1393 H.F. 116 Petersen of Polk
H-1394 H.F. 116 Winckler of Scott
H-1395 H.F. 116 Mascher of Johnson
H-1396 H.F. 116 Lensing of Johnson
On motion by Jacobs of Polk the House adjourned at 11:18 a.m.,
until 9:30 a.m., Friday, March 30, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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