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House Journal: Thursday, April 5, 2001

JOURNAL OF THE HOUSE

Eighty-eighth Calendar Day - Sixty-first Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 5, 2001

The House met pursuant to adjournment at 8:51 a.m., Speaker
Siegrist in the chair.

Prior to convening the House was entertained with the violin
music of Curtis Carroll, the son of the Honorable Danny Carroll, state
representative from Poweshiek County.

Prayer was offered by Reverend Bill Stewart, pastor of Grace
United Methodist Church, Des Moines. He was the guest of
Representative J. Scott Raecker of Polk County and Representative
Janet Metcalf of Polk County.

The Journal of Wednesday, April 4, 2001 was approved.

SPECIAL PRESENTATIONS

Rants of Woodbury introduced to the House State Senator Steve
Saland of New York. He is the President of the N.C.S.L.

The House rose and expressed its welcome.

The House was entertained by the 2001 Memorial Choir who sang
“America The Beautiful” and a solo performed and written by the
Honorable Merlin Bartz, state senator from Worth County.

A special thank you from Speaker Siegrist was given to the
Honorable Mark Shearer, state senator from Washington County for
directing the Memorial Choir.

The House rose and expressed its appreciation.

In honor of their fifty-sixth wedding anniversary the Honorable
John Connors and his wife Marge, played the song “I Don’t Want to
Walk Without You” before the House.


LEAVE OF ABSENCE

Leave of absence was granted as follows:

Falck of Fayette on request of Speaker Siegrist.

CONSIDERATION OF BILLS
Regular Calendar

House File 687, a bill for an act relating to government
accountability, by providing for strategic planning, performance
measurement and reporting, performance audits, performance
contracting, return on investment, and oversight, and providing for
its implementation, was taken up for consideration.

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

On the question “Shall the bill pass?” (H.F. 687)

The ayes were, 80:
Atteberry Barry Bell Boal
Boggess Brauns Broers Brunkhorst
Bukta Chiodo Cohoon Connors
Cormack Dix Dolecheck Dotzler
Drake Eddie Elgin Fallon
Finch Foege Frevert Gipp
Greimann Hahn Hansen Hatch
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Jochum
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Fossen Warnstadt
Weidman Winckler Witt Mr. Speaker
Siegrist

 




The nays were, 15:
Alons Arnold Baudler Boddicker
Bradley De Boef Eichhorn Garman
Heaton Hoffman Johnson Kettering
Klemme Teig Van Engelenhoven

 


Absent or not voting, 5:
Carroll Falck Ford Grundberg
Wise

 


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

House File 654, a bill for an act relating to the amount of
contributions to and accumulated increases in the value of certain
retirement plans which are exempt from creditors and providing an
effective date, was taken up for consideration.

Millage of Scott offered amendment H(1314 filed by him as
follows:

H-1314

1 Amend House File 654 as follows:
2 1. Page 1, line 10, by inserting after the word
3 "either:" the following: "of the following:"
4 2. Page 1, line 22, by inserting after the word
5 "Code" the following: "to an individual retirement
6 account or individual retirement annuity established
7 under section 408(a) of the Internal Revenue Code, or
8 an individual retirement annuity established under
9 section 408(b) of the Internal Revenue Code, or a Roth
10 individual retirement account, or a Roth individual
11 retirement annuity established under section 408A of
12 the Internal Revenue Code".
13 3. Page 1, line 34, by inserting after the word
14 "meet" the following: "all of".
15 4. Page 2, line 29, by striking the words "in a"
16 and inserting the following: "or".
17 5. Page 3, by striking line 13 and inserting the
18 following: "pension plans, Keogh plans (also known as
19 Keogh plans or H.R. 10 plans),".
20 6. Page 3, by striking lines 14 through 16 and
21 inserting the following: "individual retirement
22 accounts, Roth individual retirement accounts
23 established under section 408(a) of the Internal
24 Revenue Code, individual retirement annuities

25 established under section 408(b) of the Internal
26 Revenue Code, savings incentive matched plans for".
27 7. Page 3, by striking lines 22 through 24 and
28 inserting the following: "or two thousand dollars,
29 whichever is less deducted for individual retirement
30 accounts established under section 408 of the Internal
31 Revenue Code. The exemption for accumulated earnings
32 and".
33 8. By renumbering as necessary.

Millage of Scott offered the following amendment H(1350, to
amendment H(1314, filed by him and moved its adoption:

H-1350

1 Amend the amendment, H-1314, to House File 654 as
2 follows:
3 1. Page 1, line 6, by inserting after the word
4 "established" the following: "under section 408(d)(3)
5 of the Internal Revenue Code, or an individual
6 retirement account established".
7 2. Page 1, by striking lines 27 through 32 and
8 inserting the following:
9 " . Page 3, line 21, by inserting after the
10 word "contribution" the following: "deducted for
11 individual retirement accounts and annuities
12 established under section 408 of the Internal Revenue
13 Code"."

Amendment H(1350 was adopted.

On motion by Millage of Scott amendment H(1314, as amended,
was adopted.

Millage 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. 654)

The ayes were, 95:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Fallon Finch
Foege Frevert Garman Gipp
Greimann Hahn Hansen Hatch
Heaton Hoffman Horbach Houser
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 5:
Carroll Falck Ford Grundberg
Wise

 


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

House File 653, a bill for an act relating to the imposition of a
conditional discharge or a deferred judgment in a criminal sentence,
was taken up for consideration.

Tremmel of Wapello offered the following amendment H(1296 filed
by him and moved its adoption:

H-1296

1 Amend House File 653 as follows:
2 1. Page 1, by striking lines 3 through 5.
3 2. Page 1, by striking lines 6 through 8.
4 3. Page 1, by striking lines 16 through 18.
5 4. By renumbering as necessary.

Amendment H(1296 was adopted.


Tremmel of Wapello 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. 653)

The ayes were, 93:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Finch Foege
Ford Frevert Garman Gipp
Greimann Hahn Hansen Hatch
Heaton Hoffman Horbach Houser
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Teig
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Winckler
Mr. Speaker
Siegrist

 


The nays were, 3:
Fallon Raecker Witt

 


Absent or not voting, 4:
Carroll Falck Grundberg Wise

 


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 653, 654 and 687.

HOUSE FILES PLACED ON THE
UNFINISHED BUSINESS CALENDER

Rants of Woodbury asked and received unanimous consent that
the following House Files be placed on the unfinished business
calendar:

House File 401 House File 638
House File 402 House File 649
House File 436 House File 657
House File 453 House File 672
House File 456 House File 673
House File 593 House File 688
House File 614 House File 696

Gipp of Winneshiek in the chair at 10:00 a.m.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on April 4, 2001, he approved and transmitted to the Secretary of
State the following bills:

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

House File 549, an act providing for agricultural liens.

PRESENTATION OF VISITORS

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

Twenty-six eighth grade students from Odebolt-Arthur Middle
School, Odebolt, accompanied by Bob Mollhoff, Pippa Fineran and
Bill Stehr. By Kettering of Sac.


Sixty eighth grade students from Urbandale Middle School,
Urbandale, accompanied by Mrs. Houser, Mrs. Markway and Mrs.
Raker. By Metcalf of Polk and Raecker of Polk.

COMMUNICATION RECEIVED

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

DEPARTMENT OF NATURAL RESOURCES

A report regarding the status of Solid Waste Comprehensive Planning Areas and
the State in attaining the July 1, 2000 fifty percent waste reduction and recycling goal,
pursuant to Chapter 455D.3(3)(a), 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\814 Briij Patnaik, Denison - For being on the Academic All-State Team.

2001\815 Virgil Pickrell, Bloomfield - For celebrating his 80th birthday.

2001\816 Barb and Dean Birkenholtz, Newton - For celebrating their 50th
wedding anniversary.

2001\817 Wilma and Bob Mott, Newton - For celebrating their 50th wedding
anniversary.

2001\818 Joann and Bud Wall, Marshalltown - For celebrating their 50th
wedding anniversary.

2001\819 Rose and Edward Babinat, Marshalltown - For celebrating their 50th
wedding anniversary.

2001\820 Emmett Wickersham, Marshalltown - For celebrating his 102nd
birthday.

2001\821 Wendell St. Clair, Marshalltown - For celebrating his 92nd birthday.

2001\822 Margaret Olson, Marshalltown - For celebrating her 90th birthday.

2001\823 Beulah Elliott, Marshalltown - For celebrating her 85th birthday.


2001\824 Evelyn Middleton, Marshalltown - For celebrating her 84th birthday.

2001\825 Irene Finders, Marshalltown - For celebrating her 80th birthday.

2001\826 Laura Samuelson, Stanhope - For celebrating her 90th birthday.

2001\827 Eveline and Gene Hixson, Toledo - For celebrating their 50th wedding
anniversary.

2001\828 David Hingstman, Iowa City - For being the director of the winning
University of Iowa team at the National Debate Team Tournament.

2001\829 Rebecca Kobos, Coralville - For winning the 2001 Western Elementary
Art Educator of the Year Award.

2001\830 Barbara Barnard Stein, Iowa City - For being named Iowa Media
Professional of the Year by the Iowa Educational Media Association.

2001\831 Andrew Ryan, Iowa City - For winning the National Debate Team
Tournament and the Top Individual Speaker Award.

2001\832 Candice Bellows, Dubuque - For being a State Finalist in the National
Geographic Bee Contest.

2001\833 Allison Boardman, Dubuque - For being a State Finalist in the
National Geographic Bee Contest.

SUBCOMMITTEE ASSIGNMENTS

Senate Joint Resolution 3

Judiciary: Kettering, Chair; Broers and Kreiman.

Senate File 32

State Government: Bradley, Chair; Larkin and Metcalf.

Senate File 418

Labor and Industrial Relations: Horbach, Chair; Hoffman and T. Taylor.

Senate File 497

State Government: Gipp, Chair; Larkin and Metcalf.

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 COMMERCE AND REGULATION

Senate File 168, a bill for an act relating to the granting of additional cable
television franchises by a city.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1433 April 4, 2001.

COMMITTEE ON ECONOMIC DEVELOPMENT

Senate File 81, a bill for an act relating to limitations on the disbursement of
economic development financial assistance moneys by state agencies.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1438 April 4, 2001.

COMMITTEE ON EDUCATION

Senate File 240, a bill for an act providing for a school investment partnership
pilot program.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1437 April 4, 2001.

Senate File 336, a bill for an act relating to the authority of the state board of
educational examiners to develop a code of professional rights and responsibilities,
practices, and ethics for practitioners.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1439 April 4, 2001.

COMMITTEE ON ENVIRONMENTAL PROTECTION

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.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1436 April 4, 2001.

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


Fiscal Note is not required.

Recommended Do Pass April 5, 2001.

COMMITTEE ON HUMAN RESOURCES

Senate File 99, a bill for an act relating to the billing and accounting of charges for
the state resource centers and mental health institutes administered by the
department of human services.

Fiscal Note is not required.

Recommended Do Pass April 4, 2001.

Senate File 114, a bill for an act relating to the composition of the medical
assistance advisory council.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1442 April 4, 2001.

COMMITTEE ON JUDICIARY

House File 693, a bill for an act to legalize certain ordinances and amendments
considered and passed by the city of Davenport in accordance with procedures no
longer valid, and providing an effective date and for retroactive applicability.

Fiscal Note is not required.

Recommended Do Pass April 4, 2001.

Senate File 354, a bill for an act relating to limitations on filing medical assistance
claims against a decedent's estate.

Fiscal Note is not required.

Recommended Do Pass April 4, 2001.

Senate File 392, a bill for an act relating to appeals filed in juvenile court
proceedings.

Fiscal Note is not required.

Recommended Do Pass April 4, 2001.

COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Senate File 418, a bill for an act relating to unemployment compensation by
providing that social security pension payments are nondeductible from unemployment
benefits and providing for coverage for employment by an Indian tribe and providing
an effective date.


Fiscal Note is not required.

Recommended Do Pass April 4, 2001.

COMMITTEE ON LOCAL GOVERNMENT

Senate File 313, a bill for an act relating to removal of county board of supervisor
appointees.

Fiscal Note is not required.

Recommended Do Pass April 4, 2001.

COMMITTEE ON STATE GOVERNMENT

Senate File 242, a bill for an act relating to the rules regarding the authentication
of practitioners' medication and standing orders in hospitals.

Fiscal Note is not required.

Recommended Do Pass April 4, 2001.

Senate File 342, a bill for an act requiring voters to present identification
containing a photograph to poll workers prior to voting.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1444 April 4, 2001.

Senate File 349, a bill for an act relating to certain filings relating to executive
and legislative ethics.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1440 April 4, 2001.

COMMITTEE ON TRANSPORTATION

Senate File 350, a bill for an act making transportation-related Code changes
relating to temporary restricted permits and temporary entry and exit permits,
railroad crossings, the content of driver's licenses and nonoperator's identification
cards, child restraint devices in motor vehicles, hours of service, unsatisfied judgments,
and bulk liquid transport.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1443 April 5, 2001.


RESOLUTIONS FILED

HR 32, by Boal, Finch, Baudler, Tymeson, Huseman, Jacobs, Elgin,
Jenkins, Boggess, Roberts, Weidman, Gipp, Arnold, Teig, Eddie,
Horbach, Tyrrell, Alons, Rekow, Drake, Cormack, Rayhons,
Dolecheck, Hahn, Kettering, Hoffman, Dix, Eichhorn, Garman,
Johnson, Heaton, Raecker, Brunkhorst, Brauns, Van Fossen, Hansen,
Carroll, Van Engelenhoven, Sukup, Larson, Metcalf, Atteberry,
Bradley, Grundberg, De Boef, Broers, Frevert, and Greimann, a
resolution congratulating the Iowa State Cyclones Women's
Basketball Team.

Laid over under Rule 25.

HR 33, by Reynolds, 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, Heaton, Hoffman, Horbach, Houser,
Hoversten, Huseman, Huser, Jacobs, Jenkins, Jochum, Johnson,
Kettering, Klemme, Kreiman, Kuhn, Larkin, Larson, Lensing,
Manternach, Mascher, May, Mertz, Metcalf, Millage, Murphy, Myers,
O'Brien, Osterhaus, Petersen, Quirk, Raecker, Rants, Rayhons,
Rekow, Richardson, Roberts, Scherrman, Schrader, Seng, Shey,
Shoultz, Siegrist, Sievers, Smith, Stevens, Sukup, D. Taylor,
T. Taylor, Teig, Tremmel, Tymeson, Tyrrell, Van Engelenhoven,
Van Fossen, Warnstadt, Weidman, Winckler, Wise, and Witt, a
resolution honoring the Des Moines Register's 2001 Academic All-
State Team.

Laid over under Rule 25.

AMENDMENTS FILED

H-1433 S.F. 168 Committee on Commerce and
Regulation
H-1434 H.F. 661 Lensing of Johnson
H-1435 S.F. 437 Cormack of Webster
H-1436 S.F. 410 Committee on Environmental
Protection
H-1437 S.F. 240 Committee on Education

H-1438 S.F. 81 Committee on Economic
Development
H-1439 S.F. 336 Committee on Education
H-1440 S.F. 349 Committee on State Government
H-1441 S.F. 458 Kreiman of Davis
H-1442 S.F. 114 Committee on Human Resources
H-1443 S.F. 350 Committee on Transportation
H-1444 S.F. 342 Committee on State Government

On motion by Rants of Woodbury the House adjourned at 10:43
a.m., until 9:30 a.m., Friday, April 6, 2001.


Previous Day: Wednesday, April 4Next Day: Friday, April 6
Senate Journal: Index House Journal: Index
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