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House Journal: Thursday, November 8, 2001

I hereby submit the proclamation setting the second extraordinary session of the

Iowa Legislature to convene at 9:00 a.m., November 8, 2001.

Sincerely,
Thomas J. Vilsack
Governor

State of Iowa

Executive Department

In The Name And By The Authority Of The State Of Iowa

Proclamation

Whereas, the 2001 regular session of the Seventy-ninth General Assembly
adjourned pursuant to House Concurrent Resolution 39; and

Whereas, the nationís economy has experienced a severe downturn that has been
exacerbated by the tragic events of September 11th; and

Whereas, on October 11th, the stateís revenue estimating conference reduced its
projection of state revenue for fiscal year 2002 by $157.5 million; and

Whereas, by executive order, I have directed a uniform modification of allotment
requests, pursuant to Iowa code section 8.31, to achieve an annual 4.3 percent budget
reduction for fiscal year 2002; and

Whereas, the General Assembly should adopt prudent and necessary legislation to
restore funds to targeted areas of the state budget, following the across-the-board
budget reductions implemented by executive order number twenty-four.

Now, Therefore, I, Thomas J. Vilsack, Governor of the State of Iowa, in accordance
with Article IV, Section XI, of the Constitution of the State of Iowa, do hereby proclaim
that the Seventy-ninth General Assembly shall convene in extraordinary session in
Des Moines, Iowa at 9:00 a.m., on the eighth day of November, 2001, and to that end I
do call up and direct the members of the House of Representatives to convene in the
House chamber at the State Capitol and members of the Senate to convene in Room
116 at the State Capitol at 9:00 a.m., on the eighth day of November, 2001, for the
purpose which the assembly is convened, namely the matter of considering prudent
and necessary legislation to restore funds to targeted areas of the state budget,
following the annual 4.3 percent budget reduction for fiscal year 2002, and matters
properly related thereto.

(Seal) IN TESTIMONY WHEREOF, I have hereunto sub-
scribed my name and caused the great seal of the
State of Iowa to be affixed. Done at Des Moines this
1st day of November in the year of our Lord two
thousand one.

THOMAS J. VILSACK
Governor

Attest:
CHESTER J. CULVER
Secretary of State

ORGANIZATION OF THE HOUSE

Rants of Woodbury moved that all organization matters not
specifically provided for in Joint Rule 3 be the same for this Second
Extraordinary Session as for the 2001 Regular Session of the
Seventy-ninth General Assembly.

The motion prevailed.

Rants of Woodbury moved that the Chief Clerk of the House be
directed to send a written message to the Governor and to the Senate
informing them that the House was duly organized and ready to
transact business and receive any messages that they may transmit.

The motion prevailed.

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,
pursuant to the November 1, 2001, proclamation of the Governor, duly organized for
the Second Extraordinary Session of the Seventy-ninth General Assembly and is ready
to receive communications from the House.

MICHAEL E. MARSHALL, Secretary

INTERIM COMMUNICATION RECEIVED

The following communication was received during the interim and
is on file in the office of the Chief Clerk:

July 2, 2001

The Honorable Thomas J. Vilsack
Office of the Governor
State Capitol
Des Moines, IA 50319

Dear Governor Vilsack:


During the past seven years, it has been my honor to represent the citizens of
District #82 in Harrison and Pottawattamie Counties. I have learned so much about
our state and I am even more proud of our people than when I began.

The time has come for me to make a decision that will again change my way of life.
I have accepted a position with Senator Charles Grassley and I must resign my elected
position in the Iowa House of Representatives.

I ask that this resignation be effective on July 2, 2001.

Sincerely,
Donna M. Barry
State Representative

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 264 State Government

Relating to state government employment by providing termination
incentive programs for eligible state employees, abolishing the
workforce attrition program and fund, creating initiatives to increase
the ratio of state employees per supervisor and to evaluate the state's
job classification system, and providing effective dates.

H.S.B. 265 State Government

Relating to the state general fund expenditure limitation and
budgeting practices and including effective date and applicability
provisions.

RULE 57 SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend Rule 57, relating to committee notice and agenda, for an
immediate meeting of the committee on appropriations and the
committee on state government.

The House stood at ease at 9:25 a.m., until the fall of the gavel.

The House resumed session at 2:28 p.m., Speaker Siegrist in the
chair.


SUPPLEMENTAL REPORT OF THE
COMMITTEE ON CREDENTIALS

MR. SPEAKER: We, your committee on credentials, respectfully
report that we find the following name person duly elected to and
entitled to a seat in the House of Representatives of the Seventy-
ninth General Assembly as shown by duplicate copies of the
certificate of election on file in the office of the Secretary of State:

CERTIFICATION

STATE OF IOWA
Office of
THE SECRETARY OF STATE

To the Honorable, Clerk of the House of Representatives:

I, CHESTER J. CULVER, Secretary of the State of Iowa, custodian of the files and
records pertaining to the elections in the state, do hereby certify that the State
Canvassing Board has declared that a special election held on November 6, 2001, Paul
A. Wilderdyke was elected to fill a vacancy in the office of the House of Representatives
of the Eighty-second District, for the balance of the term which began on January 2,
2001.

(Seal) IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed the official seal of the Secretary of State at the
Statehouse, in Des Moines, this eighth day of November, 2001.

CHESTER J. CULVER, Secretary of State

I hereby acknowledge receipt of the original copy of this document on the
nineteenth day of June, 2001.

MARGARET A. THOMSON, Chief Clerk of the House of Representatives

Carroll of Poweshiek moved that the report of the committee on
credentials be adopted.

The motion prevailed and the report was adopted.

The following oath of office was administered to Representative-
elect Wilderdyke on November 8, 2001 by the Chief Clerk.

OATH OF OFFICE

"I do solemnly swear or affirm that I will support the Constitution of the United
State and the Constitution of the State of Iowa and that I will faithfully and

impartially discharge the duties of the office of Representative in the General
Assembly of the State of Iowa according to the best of my ability, so help me God."

PAUL A. WILDERDYKE

The Speaker appointed Carroll of Poweshiek and Warnstadt of
Woodbury to escort Representative Wilderdyke to his seat.

ADOPTION OF HOUSE RESOLUTION 49

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Resolution 49, a resolution
decrying the outrageous terrorist attacks launched against the
United States on Tuesday, September 11, 2001, expressing sympathy
to the families and friends of those killed or injured, and urging the
President of the United States and other federal officials to deal
swiftly with those who threaten our freedom, and moved its adoption.

The motion prevailed and the resolution was adopted.

INTRODUCTION OF BILL

House File 759, by committee on appropriations, a bill for an act
relating to public funding and regulatory matters and making and
reducing appropriations for the fiscal year beginning July 1, 2001,
and including effective date and applicability provisions.

Read first time and placed on the appropriations calendar.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON APPROPRIATIONS

House File 759, a bill for an act relating to public funding and regulatory matters
and making and reducing appropriations for the fiscal year beginning July 1, 2001, and
including effective date and applicability provisions.


Fiscal Note is not required.

Recommended Do Pass November 8, 2001.

RULES SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend the rules for the immediate consideration of House File 759.

CONSIDERATION OF BILLS
Appropriations Calendar

House File 759, a bill for an act relating to public funding and
regulatory matters and making and reducing appropriations for the
fiscal year beginning July 1, 2001, and including effective date and
applicability provisions, was taken up for consideration.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-2055 filed by him from the floor.

Hatch of Polk offered the following amendment H-2054 filed by
him from the floor and moved its adoption:

H-2054

1 Amend House File 759 as follows:
2 1. Page 9, by inserting after line 15, the
3 following:
4 "Sec. . DEPARTMENT OF HUMAN SERVICES - CHILD
5 AND FAMILY SERVICES. After applying the reduction
6 made pursuant to executive order number 24 to the
7 appropriation made for the following designated
8 purpose, there is appropriated from the general fund
9 of the state to the department of human services for
10 the fiscal year beginning July 1, 2001, and ending
11 June 30, 2002, the following amount, or so much
12 thereof as is necessary, to supplement the
13 appropriation for the designated purpose:
14 For child and family services in 2001 Iowa Acts,
15 chapter 191, section 14:
16 $ 4,580,000
17 It is the intent of the general assembly that the
18 reimbursement rates for rehabilitative treatment and
19 support services providers not be reduced below the
20 rates established in 2001 Iowa Acts, chapter 191,
21 section 31, subsection 8."
22 2. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 40, nays 59.

Amendment H-2054 lost.

Schrader of Marion offered amendment H-2056 filed by Schrader,
Richardson of Warren, Petersen of Polk, Fallon of Polk, Hatch of Polk,
and Shoultz of Black Hawk from the floor as follows:

H-2056

1 Amend House File 759 as follows:
2 1. Page 11, by inserting after line 20 the
3 following:
4 "Sec. . STATE FOUNDATION AID. The amount of
5 the reduction in state school foundation aid under
6 chapter 257 for the budget year beginning July 1,
7 2001, pursuant to executive order number 24 shall be
8 allocated to each school district in the proportion
9 that the school district's weighted enrollment, as
10 defined in section 257.6, bears to the total weighted
11 enrollment of all school districts in the state."

Millage of Scott rose on a point of order that amendment H-2056
was not germane.

The Speaker ruled the point well taken and amendment H-2056
not germane.

Schrader of Marion moved to suspend the rules to consider
amendment H-2056.

A non-record roll call was requested.

The ayes were 39, nays 57.

The motion to suspend the rules lost.

Brunkhorst of Bremer offered amendment H-2057 filed by him and
Cormack of Webster from the floor as follows:

H-2057

1 Amend House File 759 as follows:

2 1. Page 17, by inserting after line 29 the
3 following:
4 "DIVISION ____
5 STATE AID TO SCHOOLS
6 FUND TRANSFERS
7 Sec. . SCHOOL AID. After applying the
8 reduction made pursuant to executive order number 24
9 to the appropriation for the following designated
10 purpose, there is appropriated from the general fund
11 of the state for the fiscal year beginning July 1,
12 2001, and ending June 30, 2002, the following amount,
13 or so much thereof as is necessary, to supplement the
14 appropriation for the following designated purpose:
15 For foundation aid and supplementary aid in section
16 257.16:
17 $ 44,000,000
18 The amount appropriated in this section shall be
19 reduced by the amount that the transfers made from the
20 rebuild Iowa infrastructure fund to the general fund
21 of the state pursuant to this division of this Act
22 total less than $44,000,000.
23 Sec. . REBUILD IOWA INFRASTRUCTURE FUND -
24 TRANSFER TO GENERAL FUND. Notwithstanding section
25 8.57, subsection 5, paragraph "e", a sum equal to the
26 amount transferred to the rebuild Iowa infrastructure
27 fund pursuant to section 20 of this division of this
28 Act shall be transferred to the general fund of the
29 state from the rebuild Iowa infrastructure fund for
30 the fiscal year beginning July 1, 2001, and ending
31 June 30, 2002.
32 Sec. . VISION IOWA FUND - TRANSFER TO REBUILD
33 IOWA INFRASTRUCTURE FUND. Notwithstanding sections
34 12.71 through 12.77 or sections 15F.101 through
35 15F.106, or any other provision of law to the
36 contrary, moneys in the vision Iowa fund that are
37 unencumbered, unobligated, or not otherwise committed
38 for a project approved for funding by the vision Iowa
39 board on the effective date of this Act, not to exceed
40 forty million dollars, shall be transferred to the
41 rebuild Iowa infrastructure fund. Moneys transferred
42 to the rebuild Iowa infrastructure fund pursuant to
43 this section shall be used for infrastructure projects
44 related to recreation, education, entertainment, and
45 cultural activities.
46 Sec. . UNENCUMBERED OR UNOBLIGATED MONEYS IN
47 REBUILD IOWA INFRASTRUCTURE FUND - TRANSFER TO
48 GENERAL FUND. Notwithstanding section 8.57,
49 subsection 5, or any other provision of law to the
50 contrary, moneys in the rebuild Iowa infrastructure


Page 2

1 fund that are unencumbered or unobligated at the end
2 of the fiscal year beginning July 1, 2001, and ending
3 June 30, 2002, not to exceed four million dollars,
4 shall be transferred to the general fund of the
5 state."
6 2. By renumbering as necessary.

Millage of Scott rose on a point of order that amendment H-2057
was not germane.

The Speaker ruled the point well taken and amendment H-2057
not germane.

Cormack of Webster moved to suspend the rules to consider
amendment H-2057.

Roll call was requested by Cormack of Webster and Brunkhorst of
Bremer.

On the question "Shall the rules be suspended to consider
amendment H-2057?" (H.F. 759)

The ayes were, 11:
Brunkhorst Cormack Fallon Garman
Greimann Rayhons Rekow Schrader
Seng Taylor, D. Witt

 


The nays were, 86:
Alons Arnold Atteberry Baudler
Bell Boddicker Boggess Brauns
Broers Bukta Carroll Chiodo
Cohoon Connors De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Falck Finch Foege
Ford Frevert Gipp Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Jones Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Reynolds
Richardson Roberts Scherrman Shey
Shoultz Sievers Smith Stevens
Sukup Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Winckler
Wise Mr. Speaker
Siegrist

 


Absent or not voting, 3:
Boal Bradley Elgin

 


The motion to suspend the rules lost.

Brunkhorst of Bremer offered amendment H-2059 filed by him and
Cormack of Webster from the floor as follows:

H-2059

1 Amend House File 759 as follows:
2 1. Page 3, line 23, by striking the figure
3 "1,000,000" and inserting the following: "2,000,000".
4 2. Page 10, by inserting after line 26 the
5 following:
6 "DIVISION ____
7 ADDITIONAL REDUCTIONS
8 Sec. . ADDITIONAL REDUCTIONS OF FISCAL YEAR
9 2001-2002 ANNUAL APPROPRIATIONS. After applying the
10 reduction made pursuant to executive order number 24,
11 the following appropriations from the general fund of
12 the state for the fiscal year beginning July 1, 2001,
13 and ending June 30, 2002, by the Seventy-ninth General
14 Assembly, 2001 Regular Session, are further reduced by
15 the following indicated amount:
16 1. TRANSPORTATION. In 2001 Iowa Acts, chapter
17 180, the following indicated appropriation:
18 For the department of transportation in section 1,
19 to be allocated among the appropriations made in that
20 section in proportion to the amount that each original
21 appropriation bears to the total amount originally
22 appropriated in that section:
23 $ 350,746
24 2. EDUCATION. In 2001 Iowa Acts, chapter 181, the
25 following indicated appropriations:
26 a. For the department of cultural affairs in
27 section 5, to be allocated among the appropriations
28 made in that section in proportion to the amount that
29 each original appropriation bears to the total amount
30 originally appropriated in that section:
31 $ 164,454


32 b. For the department of education in section 6,
33 subsections 1 through 6 and 8 through 13, to be
34 allocated among the appropriations made in those
35 subsections in proportion to the amount that each
36 original appropriation bears to the total amount
37 originally appropriated in those subsections:
38 $ 1,065,741
39 c. For the public broadcasting division of the
40 department of education in section 6, subsection 7:
41 $ 208,133
42 3. HEALTH AND HUMAN RIGHTS. In 2001 Iowa Acts,
43 chapter 182, the following indicated appropriations:
44 a. For the department for the blind in section 1:
45 $ 48,703
46 b. For the civil rights commission in section 2:
47 $ 30,164
48 c. For the department of elder affairs in section
49 3:
50 $ 120,555

Page 2

1 d. For the governor's office of drug control
2 policy in section 4:
3 $ 13,420
4 e. For the department of public health in section
5 5, to be allocated among the appropriations made in
6 that section in proportion to the amount that each
7 original appropriation bears to the total amount
8 originally appropriated in that section:
9 $ 757,120
10 f. For the department of human rights in section
11 6, to be allocated among the appropriations made in
12 that section in proportion to the amount that each
13 original appropriation bears to the total amount
14 originally appropriated in that section:
15 $ 72,671
16 4. AGRICULTURE AND NATURAL RESOURCES. In 2001
17 Iowa Acts, chapter 183, the following indicated
18 appropriations:
19 a. For the department of agriculture and land
20 stewardship, in section 1, to be allocated among the
21 appropriations made in that section in proportion to
22 the amount that each original appropriation bears to
23 the total amount originally appropriated in that
24 section:
25 $ 525,018
26 b. For the department of natural resources in
27 section 3, to be allocated among the appropriations
28 made in that section in proportion to the amount that
29 each original appropriation bears to the total amount
30 originally appropriated in that section:

31 $ 464,607
32 5. JUSTICE SYSTEM. In 2001 Iowa Acts, chapter
33 186, the following indicated appropriations:
34 a. For the department of justice in section 1, to
35 be allocated among the appropriations made in that
36 section in proportion to the amount that each original
37 appropriation bears to the total amount originally
38 appropriated in that section:
39 $ 373,885
40 b. For the board of parole in section 11:
41 $ 28,200
42 6. ADMINISTRATION AND REGULATION. In 2001 Iowa
43 Acts, chapter 187, the following indicated
44 appropriations:
45 a. For the office of the auditor of state in
46 section 1:
47 $ 33,660
48 b. For the department of general services in
49 section 6, to be allocated among the appropriations
50 made in that section in proportion to the amount that

Page 3

1 each original appropriation bears to the total amount
2 originally appropriated in that section:
3 $ 255,743
4 c. For the offices of the governor and the
5 lieutenant governor in section 8, to be allocated
6 among the appropriations made in that section in
7 proportion to the amount that each original
8 appropriation bears to the total amount originally
9 appropriated in that section:
10 $ 56,329
11 d. For the department of inspections and appeals
12 in section 9, to be allocated among the appropriations
13 made in that section in proportion to the amount that
14 each original appropriation bears to the total amount
15 originally appropriated in that section:
16 $ 702,814
17 e. For the department of management in section 13,
18 to be allocated among the appropriations made in that
19 section in proportion to the amount that each original
20 appropriation bears to the total amount originally
21 appropriated in that section:
22 $ 68,748
23 f. For the department of personnel in section 15,
24 to be allocated among the appropriations made in that
25 section in proportion to the amount that each original
26 appropriation bears to the total amount originally
27 appropriated in that section:
28 $ 114,752
29 g. For the department of revenue and finance in

30 section 21, to be allocated among the appropriations
31 made in that section in proportion to the amount that
32 each original appropriation bears to the total amount
33 originally appropriated in that section:
34 $ 762,538
35 h. For the office of the secretary of state in
36 section 24, to be allocated among the appropriations
37 made in that section in proportion to the amount that
38 each original appropriation bears to the total amount
39 originally appropriated in that section:
40 $ 64,135
41 i. For the office of the treasurer of state in
42 section 27:
43 $ 24,532
44 7. ECONOMIC DEVELOPMENT. In 2001 Iowa Acts,
45 chapter 188, the following indicated appropriations:
46 a. For the department of economic development in
47 section 1, to be allocated among the appropriations
48 made in that section in proportion to the amount that
49 each original appropriation bears to the total amount
50 originally appropriated in that section:

Page 4

1 $ 586,365
2 b. For the department of workforce development in
3 section 9, to be allocated among the appropriations
4 made in that section in proportion to the amount that
5 each original appropriation bears to the total amount
6 originally appropriated in that section:
7 $ 164,182
8 c. For the public employment relations board in
9 section 12:
10 $ 23,631
11 8. OVERSIGHT. In 2001 Iowa Acts, chapter 189, the
12 following indicated appropriations:
13 a. For the Iowa telecommunications and technology
14 commission in section 2:
15 $ 59,433
16 b. For the information technology department in
17 section 4:
18 $ 92,911
19 9. HUMAN SERVICES. In 2001 Iowa Acts, chapter
20 191, the following indicated appropriations:
21 a. For the department of human services field
22 operations in section 27:
23 $ 3,123,356
24 b. For the department of human services general
25 administration in section 29:
26 $ 822,083"
27 3. By renumbering as necessary.


Division was requested as follows:

Lines 2 through 3, Division A.
Lines 4 through the remainder of the amendment, Division B.

Brunkhorst of Bremer moved the adoption of amendment H-
2059B.

Amendment H-2059B lost.

Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-2059A filed by him and Cormack of Webster.

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

On the question "Shall the bill pass?" (H.F. 759)

The ayes were, 96:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors De Boef Dix Dolecheck
Dotzler Drake Eddie Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Hahn Hansen Hatch Heaton
Hoffman Horbach Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Jones 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 Wilderdyke
Winckler Wise Witt Mr. Speaker
Siegrist
The nays were, 2:

 

Cormack
Eichhorn


 


Absent or not voting, 2:
Elgin Grundberg

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 759 be immediately messaged to the Senate.

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 STATE GOVERNMENT

Committee Bill (Formerly House Study Bill 264), relating to state government
employment by providing termination incentive programs for eligible state employees,
abolishing the workforce attrition program and fund, creating initiatives to increase
the ratio of state employees per supervisor and to evaluate the state's job classification
system, and providing effective dates.

Fiscal Note is required.

Recommended Do Pass November 8, 2001.

Committee Bill (Formerly House Study Bill 265), relating to the state general
fund expenditure limitation and budgeting practices and including effective date and
applicability provisions.

Fiscal Note is not required.

Recommended Do Pass November 8, 2001.

INTRODUCTION OF BILLS

House File 760, by committee on state government, a bill for an
act relating to the state general fund expenditure limitation and
budgeting practices and including effective date and applicability
provisions.

Read first time and placed on the calendar.

House File 761, by committee on state government, a bill for an
act relating to state government employment by providing
termination incentive programs for eligible state employees,
abolishing the workforce attrition program and fund, creating
initiatives to increase the ratio of state employees per supervisor and
to evaluate the state's job classification system, and providing
effective dates.

Read first time and placed on the calendar.

House File 762, by committee on state government, a bill for an
act relating to homeland security by authorizing the governor and
other state officers to use state resources for, defend against, and
manage the consequences of a terrorist attack in this state, and
providing a retroactive effective date.

Read first time and placed on the calendar.

House File 763, by committee on appropriations, a bill for an act
relating to the establishment of a health services trust fund,
providing an effective date, and providing for retroactive
applicability.

Read first time and placed on the appropriations calendar.

RULES SUSPENDED

Rants of Woodbury asked as received unanimous consent to
suspend the rules for the immediate consideration of House File 760.

Regular Calendar


House File 760, a bill for an act relating to the state general fund
expenditure limitation and budgeting practices and including
effective date and applicability provisions, was taken up for
consideration.

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. 760)

The ayes were, 99:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Falck Fallon Finch
Foege Ford Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones 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 Wilderdyke Winckler
Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 1:
Elgin

 



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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 760 be immediately messaged to the Senate.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS

House File 763, a bill for an act relating to the establishment of a health services
trust fund, providing an effective date, and providing for retroactive applicability.

Fiscal Note is not required.

Recommended Do Pass November 8, 2001.

RULES SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend the rules for the immediate consideration of House File 763.

Appropriations Calendar

House File 763, a bill for an act relating to the establishment of a
health services trust fund, providing an effective date, and providing
for retroactive applicability, was taken up for consideration.

Hansen of Pottawattamie asked and received unanimous consent
to withdraw amendment H-2058 filed by him and Heaton of Henry
from the floor.

Hansen of Pottawattamie offered the following amendment H-2060
filed by him and Heaton of Henry from the floor and moved its
adoption:

H-2060


1 Amend House File 763, as follows:
2 1. Page 1, line 5, by striking the words "Health
3 Services" and inserting the following: "Hospital".
4 2. Page 1, line 12, by striking the words "health
5 services" and inserting the following: "hospital".
6 3. Page 1, line 19, by striking the words "health
7 services" and inserting the following: "hospital".
8 4. Page 1, line 21, by striking the words "HEALTH
9 SERVICES" and inserting the following: "HOSPITAL".
10 5. Page 1, by striking lines 27 through 30.
11 6. Page 1, by inserting after line 31, the
12 following:
13 "___. "Hospital Trust Fund" means the fund created
14 in this chapter to secure funds based on hospital
15 inpatient and outpatient prospective payment
16 methodologies under the medical assistance program."
17 7. Page 1, by striking lines 32 through 35.
18 8. Page 2, line 4, by striking the words "HEALTH
19 SERVICES" and inserting the following: "HOSPITAL".
20 9. Page 2, line 6, by striking the words "health
21 services" and inserting the following: "hospital".
22 10. Page 2, line 8, by striking the words
23 "intergovernmental transfer".
24 11. Page 2, by striking lines 12 through 17.
25 12. Page 2, by striking lines 21 through 24, and
26 inserting the following:
27 "4. The trust fund shall be separate from the
28 general fund of the".
29 13. Page 3, by striking lines 1 and 2, and
30 inserting the following: "for participation by public
31 hospitals."
32 14. Page 3, by striking lines 5 through 16.
33 15. Page 3, line 35, by striking the word
34 "federal".
35 16. Title page, line 1, by striking the words
36 "health services" and inserting the following:
37 "hospital".
38 17. By renumbering as necessary.

Amendment H-2060 was adopted.

Heaton of Henry 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. 763)

The ayes were, 99:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Falck Fallon Finch
Foege Ford Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones 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 Wilderdyke Winckler
Wise Witt Mr. Speaker
Siegrist
The nays were, none.

 


Absent or not voting, 1:
Elgin

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 763 be immediately messaged to the Senate.

INTRODUCTION OF BILL

House File 764, by committee on state government, a bill for an
act relating to the reorganization of the department of human
services and providing an effective date.

Read first time and placed on the calendar.


COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON STATE GOVERNMENT

House File 764, a bill for an act relating to the reorganization of the department of
human services and providing an effective date.

Fiscal Note is not required.

Recommended Do Pass November 8, 2001.

RULES SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend the rules for the immediate consideration of House File 764.

Regular Calendar

House File 764, a bill for an act relating to the reorganization of
the department of human services and providing an effective date,
was taken up for consideration.

Garman of Story offered the following amendment H-2061 filed by
Garman, Bradley of Clinton, Connors of Polk, and O'Brien of Boone
from the floor and moved its adoption:

H-2061

1 Amend House File 764 as follows:
2 1. Page 6, by striking lines 4 through 8.
3 2. By renumbering as necessary.

Amendment H-2061 was adopted.

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. 764)

The ayes were, 91:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman Horbach Hoversten
Huseman Jacobs Jenkins Jochum
Johnson Jones Kettering Klemme
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 Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Teig
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Winckler
Wise Witt Mr. Speaker
Siegrist

 


The nays were, 8:
Chiodo Falck Huser Kreiman
Kuhn Larkin Reynolds Tremmel

 


Absent or not voting, 1:
Elgin

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 764 be immediately messaged to the Senate.
The House stood at ease at 4:50 p.m., until the fall of the gavel.

The House resumed session at 5:37 p.m., Speaker Siegrist in the
chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Kreiman of Davis on request of Myers of Johnson.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON STATE GOVERNMENT

House File 762, a bill for an act relating to homeland security by authorizing the
governor and other state officers to use state resources for, defend against, and manage
the consequences of a terrorist attack in this state, and providing a retroactive effective
date.

Fiscal Note is not required.

Recommended Do Pass November 8, 2001.

RULES SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend the rules for the immediate consideration of House File 762.

House File 762, a bill for an act relating to homeland security by
authorizing the governor and other state officers to use state
resources for, defend against, and manage the consequences of a
terrorist attack in this state, and providing a retroactive effective
date, was taken up for consideration.

Bradley of Clinton offered the following amendment H-2062 filed
by him from the floor and moved its adoption:
H-2062

1 Amend House File 762 as follows:
2 1. Page 1, line 23, by inserting after the word
3 "infrastructure" the following: "and assets".

4 2. Page 2, line 7, by striking the word "active".
5 3. Page 10, by striking lines 2 through 11 and
6 inserting the following:
7 "NEW SUBSECTION. 2A. Conduct and maintain a
8 statewide risk assessment of any present or potential
9 danger to the public health from biological agents.
10 For this purpose, an employee or agent of the
11 department may enter into and examine any premises
12 containing potentially dangerous biological agents.
13 However, the owner or person in charge of the premises
14 shall be notified. If the owner or person in charge
15 refuses admittance, the department may obtain
16 administrative search warrants under section 808.14.
17 Based upon findings of the risk assessment and
18 examination of the premises, the director may order
19 safeguards or take any other action necessary to
20 protect the public health pursuant to rules adopted to
21 implement this subsection."
22 4. Page 10, by inserting after line 23, the
23 following:
24 "Sec. 100. DEFINITION - MILITARY SERVICE. For
25 the purposes of sections 100 through 106, "military
26 service" means full-time active state service, as
27 defined in section 29A.1, or full-time state active
28 duty, as defined in section 29A.1, for a period of at
29 least ninety consecutive days.
30 Sec. 101. EVICTION OR DISTRESS DURING MILITARY
31 SERVICE - STAY - PENALTY FOR NONCOMPLIANCE -
32 ALLOTMENT OF PAY FOR PAYMENT.
33 1. No eviction or distress shall be made during
34 the period of military service in respect of any
35 premises for which the agreed rent does not exceed one
36 thousand two hundred dollars per month, occupied
37 chiefly for dwelling purposes by the spouse, child, or
38 other dependent of a person in military service,
39 except upon leave of court granted upon application or
40 granted in an action or proceeding affecting the right
41 of possession.
42 2. On any such application as provided in
43 subsection 1, or in any such action as provided in
44 subsection 1, the court may, in its discretion, on its
45 own motion, and shall, on application, unless in the
46 opinion of the court the ability of the tenant to pay
47 the agreed rent is not materially affected by reason
48 of such military service, stay the proceedings for not
49 longer than three months. Where such stay is granted
50 or other order is made by the court, the owner of the
Page 2

1 premises shall be entitled, upon application, to
2 relief in respect of such premises similar to that
3 granted persons in military service in sections 102

4 and 103 of this Act to such extent and for such period
5 as may appear to the court to be just.
6 Sec. 102. INSTALLMENT CONTRACTS FOR PURCHASE OF
7 PROPERTY.
8 1. No person who has received, or whose assignor
9 has received, under a contract for the purchase of
10 real or personal property, or of lease or bailment
11 with a view to purchase of such property, a deposit or
12 installment of the purchase price, or a deposit or
13 installment under the contract, lease, or bailment,
14 from a person or from the assignor of a person who,
15 after the date of payment of such deposit or
16 installment, has entered military service, shall
17 exercise any right or option under such contract to
18 rescind or terminate the contract or resume possession
19 of the property for nonpayment of any installment due
20 or for any other breach of its terms occurring prior
21 to or during the period of such military service,
22 except by action in a court of competent jurisdiction.
23 2. Upon the hearing of such action as provided in
24 subsection 1, the court may order the repayment of
25 prior installments or deposits or any part, as a
26 condition of terminating the contract and resuming
27 possession of the property, or may, in its discretion,
28 on its own motion, and shall, on application to it by
29 such person in military service or some person on the
30 person's behalf, order a stay of proceedings as the
31 court deems just, unless in the opinion of the court,
32 the ability of the defendant to comply with the terms
33 of the contract is not materially affected by reason
34 of such service; or it may make such other disposition
35 of the case as may be equitable to conserve the
36 interests of all parties.
37 Sec. 103. MORTGAGES, TRUST DEEDS, OR OTHER
38 SECURITY.
39 1. The provisions of this section shall apply only
40 to obligations secured by mortgage, trust deed, or
41 other security in the nature of a mortgage upon real
42 or personal property owned by a person in military
43 service at the commencement of the period of the
44 military service and still so owned by the person
45 which obligations originated prior to the person's
46 period of military service.
47 2. In any proceeding commenced in any court during
48 the period of military service to enforce such
49 obligation as provided in subsection 1 arising out of
50 nonpayment of any sum due or out of any other breach
Page 3

1 of the terms of the mortgage, trust deed, or other
2 security occurring prior to or during the period of
3 such service the court may, after hearing, in its

4 discretion, on its own motion, and shall, on
5 application to it by such person in military service
6 or some person on the defendant's behalf, unless in
7 the opinion of the court the ability of the defendant
8 to comply with the terms of the obligation is not
9 materially affected by reason of the defendant's
10 military service, do any of the following:
11 a. Stay the proceedings for such period as the
12 court deems just.
13 b. Make such other disposition of the case as may
14 be equitable to conserve the interests of all parties.
15 3. No sale, foreclosure, or seizure of property
16 for nonpayment of any sum due under any such
17 obligation as provided in subsection 1, or for any
18 other breach of the terms thereof, whether under a
19 power of sale, under a judgment entered upon warrant
20 of attorney to confess judgment contained therein, or
21 otherwise, shall be valid if made during the period of
22 military service or within three months thereafter,
23 except pursuant to an agreement between the parties,
24 unless upon an order previously granted by the court
25 and a return thereto made and approved by the court.
26 Sec. 104. TERMINATION OF LEASES BY LESSEES.
27 1. The provisions of this section shall apply to
28 any lease covering premises occupied for dwelling,
29 professional, business, agricultural, or similar
30 purposes in any case in which such lease was executed
31 by or on the behalf of a person who, after the
32 execution of such lease, entered military service.
33 2. Any such lease as provided in subsection 1 may
34 be terminated by notice in writing delivered to the
35 lessor or to the lessor's agent by the lessee at any
36 time following the date of the beginning of the period
37 of military service. Delivery of such notice may be
38 accomplished by placing it in an envelope properly
39 stamped and duly addressed to the lessor or to the
40 lessor's agent and depositing the notice in the United
41 States mail. Termination of any such lease providing
42 for monthly payment of rent shall not be effective
43 until thirty days after the first date on which the
44 next rental payment is due and payable subsequent to
45 the date when such notice is delivered or mailed. In
46 the case of all other leases, termination shall be
47 effected on the last day of the month following the
48 month in which such notice is delivered or mailed and
49 in such case any unpaid rental for a period preceding
50 termination shall be proratably computed and any
Page 4

1 rental paid in advance for a period succeeding
2 termination shall be refunded by the lessor. Upon
3 application by the lessor to the appropriate court

4 prior to the termination period provided for in the
5 notice, any relief granted in this subsection shall be
6 subject to such modifications or restrictions as in
7 the opinion of the court justice and equity may in the
8 circumstances require.
9 Sec. 105. MAXIMUM RATE OF INTEREST. No obligation
10 or liability bearing interest at a rate in excess of
11 six percent per year incurred by a person in military
12 service before that person's entry into that service
13 shall, during any part of the period of military
14 service, bear interest at a rate in excess of six
15 percent per year unless, in the opinion of the court,
16 upon application thereto by the obligee, the ability
17 of such person in military service to pay interest
18 upon such obligation or liability at a rate in excess
19 of six percent per year is not materially affected by
20 reason of such service, in which case the court may
21 make such order as in its opinion may be just. As
22 used in this section the term "interest" includes
23 service charges, renewal charges, fees, or any other
24 charges, except bona fide insurance, in respect of
25 such obligation or liability.
26 Sec. 106. PROVISIONS APPLY NOTWITHSTANDING
27 CONTRARY CODE PROVISIONS. Sections 100 through 105 of
28 this Act apply notwithstanding any contrary provision
29 of state law, which may include but is not limited to
30 Titles XIII, XIV, and XV.
31 Sec. 107. Sections 100 through 106 of this Act are
32 repealed on January 31, 2002."
33 5. Page 10, line 27, by inserting after the word
34 "date" the following: ", except that sections 100
35 through 106 of this Act shall not be applied
36 retroactively".
37 6. By renumbering as necessary.

Amendment H-2062 was adopted.

Chiodo of Polk offered the following amendment H-2064 filed by
him from the floor and moved its adoption:

H-2064

1 Amend House File 762 as follows:
2 1. Page 10, by inserting after line 20, the
3 following:
4 "Sec. 100. TASK FORCE ON HOMELAND SECURITY AND
5 DEFENSE.
6 1. A task force is created to consider and report
7 on the state's preparedness to respond to emergencies
8 that threaten the state's security. The task force
9 shall study issues relating to the detection,

10 prevention, preemption, and deterrence of, and
11 protection against, attacks targeted at state
12 territory, population, and infrastructure. The task
13 force shall solicit information from local and state
14 government officials, from the Iowa national guard,
15 and from any other person or entity deemed appropriate
16 relating to the state's preparedness to respond to
17 emergencies that threaten the state's security.
18 2. The members of the task force shall be
19 appointed as follows:
20 a. One member appointed by the governor.
21 b. One member appointed by the majority leader of
22 the senate.
23 c. One member appointed by the speaker of the
24 house of representatives.
25 d. One member appointed by the minority leader of
26 the senate.
27 e. One member appointed by the minority leader of
28 the house of representatives.
29 3. The task force shall report to the general
30 assembly and the governor by January 15, 2002."
31 2. By renumbering as necessary.

Amendment H-2064 was adopted.

Bradley of Clinton 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. 762)

The ayes were, 97:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Falck Fallon Finch
Foege Ford Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Heaton Hoffman Horbach
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Jones
Kettering Klemme 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
Wilderdyke Winckler Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 3:
Elgin Hatch Kreiman

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 762 be immediately messaged to the Senate.

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
November 8, 2001, passed the following bill in which the concurrence of the Senate was
asked:

House File 760, a bill for an act relating to the state general fund expenditure
limitation and budgeting practices and including effective date and applicability
provisions.

Also: That the Senate has on November 8, 2001, passed the following bill in which
the concurrence of the Senate was asked:

House File 763, a bill for an act relating to the establishment of a hospital trust
fund, providing an effective date, and providing for retroactive applicability.

Also: That the Senate has on November 8, 2001, passed the following bill in which
the concurrence of the Senate was asked:
House File 764, a bill for an act relating to the reorganization of the department of
human services and providing an effective date.

Also: That the Senate has on November 8, 2001, passed the following bill in which
the concurrence of the House is asked:

Senate File 551, a bill for an act relating to state government employment by
providing termination incentive programs for eligible state employees, abolishing the
workforce attrition program and fund, creating initiatives to increase the ratio of state
employees per supervisor and to evaluate the state's job classification system, and
providing effective dates.

MICHAEL E. MARSHALL, Secretary

RULES SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend the rules for the immediate consideration of House File 761.

House File 761, a bill for an act relating to state government
employment by providing termination incentive programs for eligible
state employees, abolishing the workforce attrition program and fund,
creating initiatives to increase the ratio of state employees per
supervisor and to evaluate the state's job classification system, and
providing effective dates, was taken up for consideration.

Gipp of Winneshiek offered the following amendment H-2063 filed
by him from the floor and moved its adoption:

H-2063

1 Amend House File 761 as follows:
2 1. Page 1, line 17, by striking the words "a
3 statewide", and inserting the following: "an".
4 2. Page 3, by inserting after line 16 the
5 following:
6 "___. The legislative council shall provide a
7 years of service incentive program for employees of
8 the legislative branch consistent with the program
9 provided in this section for executive branch
10 employees. The benefit provided for employees under
11 this subsection shall be no greater than that provided
12 for executive branch employees."
13 3. Page 4, by striking lines 2 through 4 and
14 inserting the following: "regents if the board elects
15 to participate in the program, and an employee of the
16 department of".
17 4. Page 4, line 5, by striking the words "a
18 statewide", and inserting the following: "an".
19 5. Page 5, by striking lines 20 through 23 and
20 inserting the following:
21 "5. The legislative council shall provide an
22 incentive program for employees of the legislative

23 branch consistent with the program provided in this
24 section for executive branch employees. The
25 legislative council shall collaborate with the
26 department of personnel to establish the program as
27 required under this subsection as nearly as identical
28 as possible to the program provided executive branch
29 employees under this section. The program provided
30 pursuant to this subsection shall establish the same
31 time guidelines and benefit calculations as provided
32 under the program for executive branch employees."
33 6. Page 5, line 31, by striking the word
34 "authorized", and inserting the following:
35 "required".
36 7. Page 8, by striking lines 8 through 12 and
37 inserting the following:
38 "Sec. ___. NONCONTRACT EMPLOYEE ACROSS-THE-BOARD
39 WAGE INCREASE DELAY. Any across-the-board wage
40 increases for employees not covered by a collective
41 bargaining agreement, which would otherwise take
42 effect at the beginning of the pay period in which
43 July 1, 2002, falls, shall be delayed until the pay
44 period in which November 1, 2002, falls."
45 8. By renumbering as necessary.

Amendment H-2063 was adopted.

SENATE FILE 551 SUBSTITUTED FOR HOUSE FILE 761

Gipp of Winneshiek asked and received unanimous consent to
substitute Senate File 551 for House File 761.

Senate File 551, a bill for an act relating to state government
employment by providing termination incentive programs for eligible
state employees, abolishing the workforce attrition program and fund,
creating initiatives to increase the ratio of state employees per
supervisor and to evaluate the state's job classification system, and
providing effective dates, was taken up for consideration.

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?" (S.F. 551)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Falck Fallon Finch Foege
Ford Frevert Garman Gipp
Greimann Grundberg Hahn Hansen
Heaton Hoffman Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kuhn Larkin 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 Fossen Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 3:
Eichhorn Larson Van Engelenhoven

 


Absent or not voting, 3:
Elgin Hatch Kreiman

 


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

HOUSE FILE 761 WITHDRAWN

Gipp of Winneshiek asked and received unanimous consent to
withdraw House File 761 from further consideration by the House.

IMMEDIATE MESSAGE


Rants of Woodbury asked and received unanimous consent that
Senate File 551 be immediately messaged to the Senate.

ADOPTION OF HOUSE CONCURRENT RESOLUTION 42

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Concurrent Resolution 42 as
follows, and moved its adoption:

1 HOUSE CONCURRENT RESOLUTION 42
2 By Siegrist and Myers
3 A Concurrent Resolution to provide for
4 adjournment sine die.
5 Be It Resolved By The House Of Representatives, The
6 Senate Concurring, That when adjournment is had on
7 Thursday, November 8, 2001, it shall be the final
8 adjournment of the 2001 Second Extraordinary Session
9 of the Seventy-ninth General Assembly.

The motion prevailed and the resolution was adopted.

MESSAGE TO THE GOVERNOR AND TO THE SENATE

Rants of Woodbury moved that the Chief Clerk of the House be
directed to send a written message to the Governor and to the Senate
informing them that the House of Representatives was prepared to
adjourn sine die pursuant to House Concurrent Resolution 42.

The motion prevailed.

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
November 8, 2001, passed the following bill in which the concurrence of the Senate was
asked:

House File 759, a bill for an act relating to public funding and regulatory matters
and making and reducing appropriations for the fiscal year beginning July 1, 2001, and
including effective date and applicability provisions.

Also: That the Senate has on November 8, 2001, passed the following bill in which
the concurrence of the Senate was asked:


House File 762, a bill for an act relating to homeland security by authorizing the
governor and other state officers to use state resources for, defend against, and manage
the consequences of a terrorist attack in this state, and providing a retroactive effective
date.

Also: That the Senate has on November 8, 2001, passed the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 42, a concurrent resolution to provide for adjourn-
ment sine die.

Also: That the Senate is prepared to adjourn the 2001 Second Extraordinary
Session of the Seventy-ninth General Assembly pursuant to House Concurrent
Resolution 42 duly adopted.

MICHAEL E. MARSHALL, Secretary

REPORT OF THE CHIEF CLERK OF THE HOUSE

MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following corrections were made:

House File 762

1. Page 4, line 11 - by striking the e on the stricken word "active".

House File 763

1. Page 1, line 28 - Section 3, subsection 4 - the words "trust fund" should not be
capitalized.

MARGARET A. THOMSON
Chief Clerk of the House

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on November 8,
2001. Had I been present, I would have voted "aye" on House File
762 and Senate File 551.

Kreiman of Davis

BILLS 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
bills have 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 8th day of November, 2001: House Files 759, 760, 762, 763 and 764.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

FINAL ADJOURNMENT

By virtue of House Concurrent Resolution 42, duly adopted, the day
of November 8, 2001 having arrived, the Speaker of the House, Brent
Siegrist, declared the 2001 Second Extraordinary Session of the
House of Representatives of the Seventy-ninth General Assembly
adjourned sine die at 6:15 p.m.


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Last update: Thu Nov 15 17:01:00 CST 2001
URL: /DOCS/GA/79GA/Session.1/HJournal/Day/1108.html
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