House Journal: Monday, January 14, 2002
JOURNAL OF THE HOUSE
First Calendar Day - First Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, January 14, 2002
Pursuant to chapter two (2), section two point one (2.1), Code of
Iowa, the House of Representative of the Seventy-ninth General
Assembly of Iowa, 2002 Regular Session, convened at 10:01 a.m.,
Monday, January 14, 2002.
The House was called to order by the Honorable Brent Siegrist,
Speaker of the House.
Prayer was offered by the Honorable Rod Roberts, state
representative from Carroll County.
The Journal of Tuesday, May 8, 2001 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Detective Loren Knauss, from
the Council Bluffs Police Department and Assistant Chief Lynn
Manhart, from the Council Bluffs Fire Department. They were the
guests of Speaker Siegrist.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Gipp of Winneshiek for the week of January 14 through January 18, 2002, on
request of Rants of Woodbury.
INTERIM COMMUNICATION RECEIVED
The following communication was received during the interim and
is on file in the office of the Chief Clerk:
January 4, 2002
The Honorable Thomas J. Vilsack
Office of the Governor
State Capitol
Des Moines, IA 50319
Dear Governor Vilsack:
It has been my pleasure for the past five years to serve as the representative for the
people of Buchanan and Fayette counties. They have provided me with a wonderful
experience and I will always be grateful to them for this opportunity.
Now, a new opportunity has become available to me and I, with much regret, must
resign, effective today, my position as State Representative for House District 28.
I look forward to new challenges but will always look back to my days in the Iowa
House of Representatives with much gratitude and pleasure.
Sincerely,
Steve Falck
State Representative
COMMITTEE TO NOTIFY THE GOVERNOR
Metcalf of Polk moved that a committee of three be appointed to
notify the Governor that the House was duly organized and ready to
receive any communication that he may desire to transmit.
The motion prevailed and the following committee was appointed:
Metcalf of Polk, Klemme of Plymouth and Stevens of Dickinson.
COMMITTEE TO NOTIFY THE SENATE
Eddie of Buena Vista moved that a committee of three be
appointed to notify the Senate that the House was duly organized and
ready to receive any communication that the Senate may desire to
transmit.
The motion prevailed and the following committee was appointed:
Eddie of Buena Vista, Weidman of Cass and Kuhn of Floyd.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 101
Rants of Woodbury asked and received unanimous consent for the
immediate consideration of the following resolution and moved its
adoption:
1 HOUSE CONCURRENT RESOLUTION 101
2 By Siegrist and Myers
3 Be It Resolved by the House of Representatives, The
4 Senate Concurring, That a joint convention of the two
5 houses of the 2002 session of the Seventy-ninth
6 General Assembly be held on Tuesday, January 15, 2002,
7 at 10:00 a.m.; and
8 Be It Further Resolved, That Governor Thomas J.
9 Vilsack be invited to deliver his budget message at
10 this joint convention of the two houses of the General
11 Assembly, and that the Speaker of the House of
12 Representatives and the President of the Senate be
13 designated to extend the invitation to him.
The motion prevailed and the resolution was adopted.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 102
Rants of Woodbury asked and received unanimous consent for the
immediate consideration of the following resolution and moved its
adoption:
1 HOUSE CONCURRENT RESOLUTION 102
2 By Siegrist and Myers
3 Be It Resolved by the House of Representatives, The
4 Senate Concurring, That a joint convention of the two
5 houses of the 2002 session of the Seventy-ninth
6 General Assembly be held on Wednesday, January 16,
7 2002, at 10:00 a.m.; and
8 Be It Further Resolved, That Chief Justice Lavorato
9 be invited to present his message of the condition of
10 the judicial branch at this convention, and recommend
11 such matters as the Chief Justice deems expedient,
12 pursuant to section 602.1207 of the Code.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
House Concurrent Resolutions 101 and 102 be immediately
messaged to the Senate.
The House stood at ease at 10:12 a.m., until the fall of the gavel.
The House resumed session at 10:14 a.m., Speaker Siegrist in the
chair.
REPORT OF THE COMMITTEE TO NOTIFY THE GOVERNOR
Metcalf of Polk, Chair of the committee to notify the Governor that
the House was duly organized and ready to receive any commun-
ication he might desire to transmit, reported that the committee had
performed its duty.
The report was accepted and the committee discharged.
INTRODUCTION OF BILLS
House File 2001, by Millage, a bill for an act relating to the
applicability of the postsecondary education subsidy and providing
effective and retroactive applicability dates.
Read first time and referred to committee on human resources.
House File 2002, by Johnson, a bill for an act relating to the
internet, by restricting advertising by governmental entities.
Read first time and referred to committee on commerce and
regulation.
House File 2003, by Johnson, a bill for an act providing that
certain financial information of certain foundations which support
state board of regents' institutions is a public record.
Read first time and referred to committee on state government.
House File 2004, by Brunkhorst, a bill for an act relating to
property tax assessments of subdivided property and providing an
applicability date.
Read first time and referred to committee on ways and means.
House File 2005, by Jacobs and Grundberg, a bill for an act
relating to governmental preferences for services from service
providers located within the state of Iowa and making penalties
applicable.
Read first time and referred to committee on state government.
House File 2006, by Reynolds, Tremmel, Kreiman, and Heaton, a
bill for an act relating to the abatement of state sales and use taxes
and local sales and service taxes of purchasers of certain access to on-
line computer services and providing refunds, and including effective
and applicability date provisions.
Read first time and referred to committee on ways and means.
House File 2007, by May, Rayhons, and Atteberry, a bill for an
act eliminating the requirement that a bicycle safety flag be used
while operating an all-terrain vehicle or snowmobile on a highway.
Read first time and referred to committee on transportation.
House File 2008, by Drake, Jones, and Richardson, a bill for an
act relating to the election of directors of local school districts, area
education agencies, and merged areas on the date of the general
election, and including an effective date, applicability, and transition
provision.
Read first time and referred to committee on state government.
House File 2009, by Grundberg, a bill for an act allowing an
assessor to be a candidate for elective public office and providing an
effective date.
Read first time and referred to committee on state government.
House File 2010, by Fallon, a bill for an act relating to the vote
required for passage of certain bond issuances and providing for the
Act's applicability.
Read first time and referred to committee on state government.
House File 2011, by Richardson, a bill for an act relating to
consideration of nonpayment of child support in the awarding of
visitation.
Read first time and referred to committee on human resources.
House File 2012, by Cormack, a bill for an act relating to the
publishing of board meeting minutes of economic development
corporations.
Read first time and referred to committee on economic
development.
House File 2013, by Warnstadt, a bill for an act authorizing the
college student aid commission to waive or modify statutory or
regulatory provisions applicable to state financial aid programs for
affected students in the event of a national emergency.
Read first time and referred to committee on education.
House File 2014, by Cormack, a bill for an act establishing a
criminal offense and penalty for the sale of certain ephedrine or
creatinine products to a person under eighteen years of age.
Read first time and referred to committee on judiciary.
House File 2015, by Tyrrell, a bill for an act relating to the
eligibility for a military service property tax exemption by a current
or former member of the Iowa national guard.
Read first time and referred to committee on ways and means.
House File 2016, by Brunkhorst, a bill for an act authorizing a
city or county to prohibit the sale of paintball guns to persons who are
less than twenty-one years of age.
Read first time and referred to committee on local government.
House File 2017, by Cormack, a bill for an act authorizing certain
state institutions to encumber a portion of an operational
appropriation to be used for specified purposes.
Read first time and referred to committee on appropriations.
House File 2018, by Reynolds, Tremmel, Kreiman, and Heaton, a
bill for an act relating to the abatement of interest on state sales and
use taxes and local sales and service taxes of purchasers of certain
access to on-line computer services and providing refunds, and
including effective and applicability date provisions.
Read first time and referred to committee on ways and means.
House File 2019, by Gipp and Drake, a bill for an act relating to
the resources enhancement and protection fund by reallocating
moneys between the open spaces account and the state land
management account, by reallocating moneys within the open spaces
account, and making an appropriation.
Read first time and referred to committee on appropriations.
House File 2020, by Shey, a bill for an act authorizing the use of
automated enforcement systems to enforce certain traffic regulations,
authorizing a surcharge, and making penalties applicable.
Read first time and referred to committee on transportation.
House File 2021, by Osterhaus, a bill for an act allowing an
individual income tax deduction for federal taxes paid under the
Federal Insurance Contributions Act, the federal Railroad Retirement
Tax Act, and the federal Self-Employment Contributions Act,
eliminating the deduction for federal income taxes paid, and
providing a retroactive applicability date provision.
Read first time and referred to committee on ways and means.
House File 2022, by Osterhaus, a bill for an act eliminating the
individual income tax deduction for federal income taxes paid and
including a retroactive applicability date provision.
Read first time and referred to committee on ways and means.
House File 2023, by Van Engelenhoven, a bill for an act relating
to the membership of the planning and zoning commission in certain
cities.
Read first time and referred to committee on local government.
House File 2024, by Arnold, a bill for an act relating to the care
and maintenance of cemeteries by a county or a caretaker.
Read first time and referred to committee on local government.
House File 2025, by Larson, a bill for an act authorizing a
qualified organization to contract for concessions during a bingo
occasion.
Read first time and referred to committee on state government.
House File 2026, by Richardson, a bill for an act providing a
rebuttable presumption of negligence against operators of motor
vehicles involved in traffic accidents while using mobile telephones.
Read first time and referred to committee on transportation.
House File 2027, by Eddie, a bill for an act relating to taking deer
with a free deer hunting license by a landowner, tenant, or family
members of a landowner or tenant.
Read first time and referred to committee on natural resources.
House File 2028, by Warnstadt, a bill for an act relating to the
performance of honor guard services on public property by members
of a reserve officer training corps.
Read first time and referred to committee on state government.
House File 2029, by Smith, Warnstadt, Myers, Bukta, D. Taylor,
Dotzler, Larkin, Stevens, Atteberry, Winckler, Osterhaus, Frevert,
Wise, May, Cohoon, Petersen, Mascher, Jochum, Foege, Murphy,
Quirk, Hahn, and Connors, a bill for an act relating to the powers and
duties of the adjutant general by providing uniformed honor guards
at burial, interment, or memorial services of military veterans.
Read first time and referred to committee on state government.
House File 2030, by Smith, a bill for an act relating to the
allowance of the military service tax exemption for mobile or
manufactured homes subject to the annual square foot tax and
including an applicability date provision.
Read first time and referred to committee on ways and means.
House File 2031, by Johnson and Alons, a bill for an act relating
to the procedural requirements for foreign and international
adoption, providing for applicability, and providing an effective date.
Read first time and referred to committee on human resources.
House File 2032, by Jochum and Scherrman, a bill for an act
relating to the jurisdiction of the utilities board to regulate rates and
services of water distributed from a privately owned water well.
Read first time and referred to committee on commerce and
regulation.
House File 2033, by Van Engelenhoven, a bill for an act providing
a method for issuing certificates of title for snowmobiles and all-
terrain vehicles, and registration certificates for certain watercraft,
for which ownership has not been conclusively established.
Read first time and referred to committee on transportation.
House File 2034, by Cormack, a bill for an act requiring school
districts to display a United States flag in each classroom during
school hours.
Read first time and referred to committee on education.
REMARKS BY THE MAJORITY LEADER
Rants of Woodbury addressed the House as follows:
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, guests
and visitors, welcome back.
Traditionally on the opening day of the legislative session one of my duties is to lay
out the path the majority party intends to follow. This year I would like to part with
that tradition. Most everyone in this room knows what to expect, although there will
undoubtedly be a few surprises. You’ve all given pre-session interviews, and our
friends on press row have already written story after story.
Rather than discuss what we intend to do, I would prefer to take a few minutes of
your time to talk about how we go about doing it.
It has only been a couple of months since last we gathered here, but much has
changed, or, unfortunately stayed the same since that meeting.
We return to a capitol building where much work has gone into restoring the
grandure of Iowa’s beginnings. Yet at the same time changes have been made to adapt
to the sad new realities of our world. It was relatively easy to adapt our desks and
chamber to the wonders of all the new technology our world has to offer. If only it were
as easy for our state and her people to adapt to the challenges the economy of that
same world has laid before us. But adapt, we shall. Not only shall we adapt but we
shall also persevere, plan, and prepare for a better tomorrow. I think that is in our
nature as Iowans. It has never been easy, but from the time this land between two
rivers was settled. Our people worked hard to create a state that places a high value
on the education of its young people, can lead the world in agricultural production, and
is a land of opportunity for the person with the good idea and the work ethic to turn
that idea into reality. It is upon those principals that we can continually rely as we
face a challenging world economy.
So how do we advance those principals that we surely all agree on?
Mr. Speaker, last year it seemed that even before the first gavel fell, the session
was labeled as the most partisan ever. Right after a hotly contested election
expectations were that it would carry over into the session. Too often in politics
prophecies become self-fulfilling. With an election looming many critics, and not just
those in the press, are already predicting partisan bickering. I say we can prove them
wrong, and I ask that those who would write our eptitath to wait until the session is
over. We shall set higher expectations for ourselves. As Representative Myers has
said many times, we can "govern" with out all the politics. We know from the actions
we took during two special sessions that bi-partisan accords can be reached.
Mr. Speaker, I have often said that one of the difficulties the two parties have is in
identifying the problem. After all if you can’t agree on what the problem is, it makes it
very tough to reach a consensus on the solution.
Representative Myers, I will pledge to you today, that I will work with you to first
reach a consensus on what we consider to be the scope of our budget difficulties.
Rather than start this week with budget hearings, where we set ourselves up for a
session long debate over the budget, Republicans propose that we wait a few weeks
before hearings start. That will give us more revenue data that we can use in making
a decision as to how much funding is available for the 2003 fiscal year. The last thing
anyone wants is to start the budget process and have to hit the reset button on March
1st should the REC lower our estimate. Again, let us find agreement first on defining
the problem, and then we can work together for a solution.
If budget hearings are to wait, let us use this time productively to accomplish our
policy work. This year we will have policy committee meetings in the afternoon as well
as in the morning. I strongly urge our committee chairs to devote more time to the
subcommittee process, and to begin the work early on with your colleagues across the
rotunda. To meet the goal of adjournment in 90 days, we will need to accomplish many
of our key pieces of legislation before the first funnel. Given the economic challenges
Iowa faces, it would be fitting if the committees chaired by Representatives Cormack
and Van Fossen would lead the way.
Mr. Speaker, as I look around the room, I see a few new faces. A special welcome to
Representatives Jones and Wilderdyke. Next week we’ll add another freshmen to the
class of ’02. But I see many more faces of friends for whom this will be their last
session as a member of the Iowa House. I say the House, because a few are operating
under the delusion that the Senate is the place to serve. Others are choosing to retire
to spend more time with family or work. For others this isn’t so willing.
Reapportionment dealt you a bad hand. As former Representative Mona Martin once
said on this floor, "it's always a free vote in the Iowa House." Well, for you it may be
freer than for most. This year will be one in which you may feel free from the shackles
of partisan politics, or even from the will of the voters. But I’m sure you’ll never be free
of your love for this great state. But please, use that new found freedom wisely.
I would like to take this opportunity to introduce Allison Kleis, the new
Administrative Assistant in the Majority Leaders Office. She is replacing Mary
Earnhardt who has accepted a position on the caucus staff.
Mr. Speaker, we have a long way to go, and a short time to get there. Let's get
started.
REPORT OF THE COMMITTEE TO NOTIFY THE SENATE
Eddie of Buena Vista, Chair of the committee to notify the Senate
that the House was duly organized and ready to receive any
communication that the Senate might desire to transmit, reported
that the committee had performed its duty.
The report was accepted and the committee discharged.
COMMITTEE FROM THE SENATE
Senator Gaskill from Hancock appeared and notified the House
that the Senate was duly organized and ready to receive any
communication that the House might desire to transmit.
REMARKS BY THE MINORITY LEADER
Myers of Johnson addressed the House as follows:
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House:
Iowans enter 2002 uncertain about their economic future. The nation’s recession,
made worse by the events of September 11, has made us uneasy about today and
dampened optimism about tomorrow.
Workers worry about earning enough to make ends meet and losing their jobs.
Parents fear that they cannot afford adequate health care if their children are sick.
Seniors struggle to heat their homes and buy high-cost prescription drugs on
retirement incomes shrunken by low interest rates.
But Iowa’s problems extend beyond the short-term. Our state is being left behind
with an economy that cannot compete and win in the 21st century. No child should
have to leave his or her hometown and family to find a good job, but it happens in our
state every day. Iowa has the highest percentage of two-income families in the nation
simply because there are not enough good jobs here to sustain a family. That’s why our
best and brightest children leave the state after graduation for better opportunities in
other states.
So we face two challenges. In the immediate future, we must ensure economic
security for Iowa families and businesses by addressing rising heath care costs, energy
costs, and stagnating wages. For the years ahead, we must modernize Iowa’s economy
to bring development and good jobs to Iowa communities that are losing population,
and in some cases losing hope.
That’s why Democrats are offering an ambitious plan to provide economic security
now and growth for Iowa’s future. It is a plan that will make Iowa America's 21st
century state.
We will help Iowans weather the current economic downturn by making
prescription drugs more affordable for seniors; expanding health insurance coverage to
protect all Iowans; raising the state’s minimum wage; and helping consumers make
informed and money-smart choices about the services they buy.
We will modernize Iowa for a competitive future by strengthening the economy and
providing opportunities for children who want to stay and work in Iowa; improving and
reforming schools, demanding accountability and holding them safe from budget cuts;
streamlining government by eliminating redundant services and putting more services
on-line; and investing in clean, renewable and profitable energy sources like ethanol.
Our plan will promote innovation and entrepreneurship and will clear away
barriers to economic progress, including high utility costs, insufficient and out-dated
high-tech infrastructure, and low wage jobs. It will invest in our children and workers
through better, more accountable education and worker re-training, incentives that
promote the growth of high wage jobs, and small and high-tech enterprises -
particularly in communities with declining populations. It will put our economy,
schools, workers, companies and farms on the cutting edge of new technology, so they
are more productive and profitable. It will make government more efficient and more
consumer-friendly. It will assure that Iowa children receive the best education in the
world.
Our proposal is fiscally responsible. The slowing of Iowa’s economy and the
resulting dramatic fall in state revenues have forced state government to tighten its
belt as Iowans are having to do. But because of the forethought of Democratic
legislators ten years ago, Iowa has both an emergency rainy day fund to tide us over in
tough times and a mandate to enact only fiscally responsible, balanced budgets. Our
plan adheres to that philosophy of fiscal responsibility that Democrats put into law a
decade ago.
We have only a limited opportunity to make Iowa a 21st century state. If we do not
act boldly soon, we will be left behind as the rest of the nation springs forward.
We challenge the Republican majority to put aside partisanship and the issues that
divide us, and work with us on the challenges that unite us - like the need for greater
economic security now and a more prosperous future for all Iowans.
Democrats will be introducing legislation that implements our agenda and
modernizes Iowa’s economy, and in doing so gives hope to the hardworking, deserving
families across our state. Iowans, young and old alike, will benefit when every child
receives a quality education and healthcare, when parents have a paycheck and job
security to support their families, and when older Iowans can afford prescription drugs
and have a sizable retirement nest egg.
On September 11, we witnessed a devastating attack on our country. It was an
attack, not just on New York City and Washington, D.C., but on our American way of
life.
Every American felt the shock and the pain of our collective loss. As a veteran, I
was extremely proud of the surge of patriotism that swept over our country in the
aftermath of the attack.
I have always believed in patriotism. It is important for Americans to be patriotic
and to show it.
Patriotism can be demonstrated in many ways. Patriotism is supporting our
firefighters, police and rescue workers. Patriotism is standing behind our President as
he directs our counterattack on terrorism.
But there are other forms of patriotism. Patriotism is taking care of our people.
Patriotism is guaranteeing that the poor and the mentally ill have health care
coverage. Patriotism is ensuring that children have first-rate schools and good jobs
after graduation. Patriotism is allowing seniors to live their retirement with dignity
and security. Patriotism is making certain that no Iowan, no American, is denied the
right to life, liberty and the pursuit of happiness. It is patriotic to support civil rights
and economic justice.
Let’s put our patriotism on display here for the next ninety days by showing
compassion for those Iowans who most need our help.
Thank you Mr. Speaker.
REMARKS BY THE SPEAKER
Speaker Siegrist addressed the House as follows:
Ladies and Gentlemen of the House: Welcome back!
Welcome back to your other family. Our family welcomes two new members to the
opening day - Representatives Jones and Wilderdyke. They saw this family briefly
during the special sessions. But now they will see it in its prime. It is a family that
resembles most families we are familiar with. We work, we fight, we achieve, and we
respect one another. As I watched my son, Evan, and daughter, Harriet, over the
weekend, I thought about this place and this family. I watched them play together and
help each other and laugh together. Then ten minutes later, I would hear the
screaming and arguing when one of them would push the other one and start a dispute.
And then a few minutes later, they would be playing peacefully again. It really did
remind me of this body of people. We by and large work well together, but we certainly
have our differences and disputes throughout the year. This session will be no
different.
As we begin our work here today, we are looking at a very challenging year. The
state and national economy has yet to rebound. State revenues continue to lag. As the
band, Styx, sings in Paradise Theater, "To tell you the truth, we’ve all seen better
days." Indeed we have. And yet, the outlook for the state is much better than it was in
previous economic downturns. Iowa is not in debt and we have money in the bank so
that we can pay our bills on time. In reality, if we make the proper and sometimes
difficult decisions this session, the outlook by next year should be very much improved.
Therein lies the challenge for all of us. We must fashion a budget that recognizes
the needs of Iowa’s citizens without mortgaging our future budget. Raising taxes isn’t
the answer. Spending a substantial amount of one-time money for ongoing programs
only pushes the problem into the next budget year and continues to cause budget
problems. The fact of the matter is that there are no easy answers to this budget we
are facing. It will be a process that will test each and every one of us. It is a budget
that will force us to be innovative, fiscally prudent, and flexible. One thing I am sure of
is that at various times this year, we will all be unhappy with decisions that are made.
We will be like many other families in Iowa that are balancing their family budget. We
have to live within our means. That means making the tough decisions and not just
running up the credit card. I know that we will sometimes hear that we must spend
more money to help some Iowans. In many cases, the reality will be that for most Iowa
citizens, it will be better if we do not spend more money. After all, like all Iowans, we
have to balance the budget.
I don’t know about you, but I remain upbeat about our state. I couldn’t agree with
the Governor more than when he says the budget difficulties present a tremendous
opportunity. It is an opportunity that is being forced on us by the budget, but if we
meet it head-on, we can make significant systemic changes in how our state
government operates. We are being forced to look at and evaluate the services that
government offers. That will certainly lead to the elimination of some services that the
state currently provides. Done properly, we can streamline government and make it
more efficient. You may recall that last May, the Republican majority passed a bill to
restructure the Department of Human Services. That bill was vetoed, but during the
special session, we passed a plan by Governor Vilsack that was put together with the
major components of the bill this House passed. The Republican majority stands ready
to work with the Governor and the Minority party on any and all proposals to
consolidate, streamline, and make state government smaller. We look forward to the
Governor’s government streamlining plans in his State of the State address. Reducing
the size of state government is a positive thing to do.
We all know that the major focus of this legislative session will be the budget. It
has to be. However, we will be looking at many other issues that are important to
Iowans. We will finally pass a venture capital plan. We need to establish Renaissance
Zones so that communities have another tool in their economic development toolbox.
We must examine the best way to redesign the Department of Economic Development
to provide a better public-private working relationship. We must listen to Iowans and
pass a bill that will help limit the growth of property taxes. And because Iowans value
the competitive bidding law and the Right to Work law, we will pass legislation to not
allow Project Labor Agreements in Iowa. So, while the budget is the primary focus,
there are many other things to accomplish. And by the way, Representative Dotzler,
the doves will be safe this year.
So, here we sit. We have left our families and friends back home. For at least
thirty members, this will be our last opening day. That will certainly make this session
special to us. We all come here to do our very best job. We all have our individual
feelings as to what is the best way to vote. It is our job to listen to everyone, and then
collectively solve the challenges in front of us. Though I know it will be a difficult
session, I am excited to get to work. The excitement comes from the knowledge that in
my many years in the Iowa House, we have been at our best when the times are
toughest. That has been when the members of this great body have risen to the
challenge. That’s what the challenge is before us. Working together to get the job
done. In the song, Peaceful World, on John Mellencamp’s new CD, he sings "If you’re
not part of the solution, then get out of the way."
Ladies and gentlemen, that sums it up. If there are members who want to spend
the session trying to achieve political gain, get out of the way. We don’t have time for
political posturing or game-playing. We have real and significant challenges facing us.
We have real and significant opportunities before us. We have to find and craft
solutions and we must take advantage of the opportunities presented. I’m hopeful and
confident that we can all be part of the solution. Let’s get to work.
SPECIAL PRESENTATION
Myers of Johnson and Rants of Woodbury presented a certificate to
the following employees of Musco Lighting of Oskaloosa who provided
lighting shortly after the September 11th terrorist attack at ground
zero at the World Trade Center and at the attack on the Pentagon,
free of charge. Joe Crookham, President; Jeff Rogers, Vice President
of Developmental Sales; Diane Crookham Johnson, Vice President of
Administration; Brent Jack, Lead Technician at the World Trade
Center, ground zero; Gene Fynaardt, Lead Technician at the
Pentagon; and Frank Kminek, Digital Marketing Specialist whose
sister, Mari-Rae Soper, was killed on the flight that hit the Pentagon.
They were escorted to the well by Representatives Van Engelenhoven
and De Boef of Mahaska.
The House rose and expressed its appreciation.
RULE 57 SUSPENDED
Rants of Woodbury asked and received unanimous consent to
suspend Rule 57, relating to committee notice and agenda, for
committee meetings today.
2002 HOUSE COMMITTEE REVISIONS
The Speaker announced the following appointments to the stand-
ing committees of the House due to the resignations of Representative
Barry of Harrison, Representative Falck of Fayette and Represen-
tative Houser of Pottawattamie:
Chuck Gipp
Administration and Rules
Betty Grundberg
Oversight and Communications Appropriations Subcommittee
(Replaces Representative Tymeson)
Gerald Jones
Agriculture
Local Government, Vice-Chair
Ways and Means
Human Services Appropriations Subcommittee
Gene Manternach
Justice Systems Appropriations (Replaces Representative Shey)
Janet Metcalf
Oversight and Communications Appropriations Subcommittee
Rod Roberts
Appropriations
Steve Sukup
Labor and Industrial Relations, Vice Chair
Jodi Tymeson
Education Appropriations Subcommittee
Jim Van Engelenhoven
Local Government, Chair
Paul Wilderdyke
Human Resources
Labor
Judiciary
Economic Development Appropriations Subcommittee, Vice Chair
(Replaces Representative Manternach)
STANDING COMMITTEES APPOINTED
ADMINISTRATION AND RULES - 13 Members
Carroll, Chair Gipp Myers Sukup
Dix* Huser Rants Teig
Jochum** Jacobs Siegrist Warnstadt
Bukta
AGRICULTURE - 21 Members
Klemme, Chair Boggess Jones Rayhons
De Boef* Fallon Kreiman Rekow
Kuhn** Frevert Manternach Scherrman
Alons Huseman May Schrader
Atteberry Johnson Mertz Teig
Baudler
APPROPRIATIONS - 24 Members
Millage, Chair Dix Horbach Roberts
Brunkhorst* Dolecheck Jacobs Seng
Murphy** Drake Jenkins Smith
Alons Gipp Mascher Taylor, T.
Bell Hatch Mertz Warnstadt
Boggess Heaton Raecker Wise
COMMERCE AND REGULATION - 20 Members
Hansen, Chair Jacobs Osterhaus Seng
Hoffman* Jenkins Petersen Shey
Chiodo** Johnson Quirk Taylor, D.
Bradley Kettering Raecker Van Fossen
Dix Metcalf Schrader Wise
ECONOMIC DEVELOPMENT - 21 Members
Cormack, Chair Dotzler Lensing Roberts
Hoversten* Elgin Manternach Seng
Hatch** Hoffman Metcalf Stevens
Atteberry Horbach O'Brien Teig
Boggess Jenkins Quirk Van Fossen
Cohoon
EDUCATION - 23 Members
Grundberg, Chair Carroll Greimann Sievers
Boal* Cohoon Hansen Stevens
Wise** Dolecheck Lensing Sukup
Broers Eddie Mascher Tymeson
Brunkhorst Finch Petersen Winckler
Bukta Foege Roberts
ENVIRONMENTAL PROTECTION - 21 Members
Hahn, Chair Drake Greimann Mascher
Bradley* Elgin Hatch Schrader
Witt** Finch Huseman Shoultz
Brunkhorst Foege Kettering Sievers
Cormack Gipp Lensing Stevens
De Boef
HUMAN RESOURCES - 21 Members
Boddicker, Chair Carroll Larson Smith
Broers* De Boef Kreiman Tremmel
Foege** Ford Murphy Tymeson
Atteberry Grundberg Reynolds Wilderdyke
Boal Hoversten Roberts Witt
Brunkhorst
JUDICIARY - 21 Members
Larson, Chair Chiodo Kettering Shoultz
Baudler* Eichhorn Mertz Sukup
Kreiman** Ford Millage Tremmel
Bell Grundberg Raecker Wilderdyke
Boddicker Jochum Shey Witt
Broers
LABOR AND INDUSTRIAL RELATIONS - 21 Members
Tyrrell, Chair Dotzler Jochum Smith
Sukup* Ford Metcalf Taylor, D.
Taylor, T.** Grundberg Millage Wilderdyke
Boddicker Hansen Murphy Winckler
Connors Hoffman Raecker
Dolecheck Horbach
LOCAL GOVERNMENT - 21 Members
Van Engelenhoven, Chair Carroll Hahn Reynolds
Jones* Connors Huser Sievers
Richardson** Dix Klemme Taylor, D.
Alons Eddie Kuhn Warnstadt
Arnold Fallon Petersen Weidman
Brauns
NATURAL RESOURCES - 21 Members
Arnold, Chair Brauns Garman Rayhons
Rekow* Bukta Greimann Richardson
O’Brien** Dotzler Hahn Scherrman
Alons Drake Huseman Tyrrell
Baudler Frevert May Weidman
Bell
STATE GOVERNMENT - 20 Members
Metcalf, Chair Brauns Garman O’Brien
Elgin* Chiodo Gipp Reynolds
Larkin** Connors Jacobs Taylor, T.
Boddicker Cormack Jochum Tremmel
Bradley Eichhorn Millage Van Engelenhoven
TRANSPORTATION - 21 Members
Brauns, Chair Eddie Larkin Rekow
Rayhons* Garman Klemme Scherrman
May** Heaton Manternach Van Engelenhoven
Arnold Huser Osterhaus Warnstadt
Bukta Johnson Quirk Weidman
Cohoon
WAYS AND MEANS - 25 Members
Van Fossen, Chair Frevert Jones Sievers
Shey* Hansen Kuhn Sukup
Shoultz** Hoffman Larkin Taylor, D.
Boal Hoversten Larson Teig
Eichhorn Huser Osterhaus Tymeson
Fallon Jochum Richardson Winckler
Finch
ETHICS - 6 Members
Huseman, Chair Warnstadt** Mascher Scherrman
Garman* Cormack
HOUSE APPROPRIATIONS SUBCOMMITTEES
ADMINISTRATION AND REGULATION - 9 Members
Raecker, Chair Chiodo Klemme Taylor, T.
Sievers* Elgin O’Brien Tyrrell
Connors**
AGRICULTURE AND NATURAL RESOURCES - 9 Members
Drake, Chair Baudler Hahn Quirk
Kettering* Eddie May Schrader
Mertz**
ECONOMIC DEVELOPMENT - 9 Members
Boggess, Chair Boal Petersen Teig
Wilderdyke* Hoffman Reynolds Winckler
Dotzler**
EDUCATION - 9 Members
Dolecheck, Chair Brunkhorst Frevert Tymeson
Roberts* Carroll Scherrman Witt
Mascher**
HEALTH AND HUMAN RIGHTS - 9 Members
Alons, Chair Atteberry De Boef Shoultz
Finch* Broers Seng Van Engelenhoven
Ford**
HUMAN SERVICES - 9 Members
Heaton, Chair Arnold Greimann Jones
Johnson* Foege Hoversten Smith
Osterhaus**
JUSTICE SYSTEMS - 9 Members
Horbach, Chair Cormack Larkin Richardson
Eichhorn* Jacobs Manternach Tremmel
Bell**
OVERSIGHT AND COMMUNICATIONS - 8 Members
Jenkins, Chair Bradley Hatch Metcalf
Grundberg* Garman Lensing
Stevens**
TRANSPORTATION, INFRASTRUCTURE AND CAPITALS - 9 Members
Gipp, Chair Fallon Kuhn Rekow
Weidman* Huseman Rayhons Warnstadt
Cohoon**
* Vice Chair
** Ranking Member
On motion by Rants of Woodbury, the House was recessed at 11:14
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:07 p.m., Speaker Siegrist in the chair.
APPOINTMENTS
The following appointments were made during the interim:
CAPITOL PLANNING COMMISSION
(Chapter 18A.1, Code of Iowa)
Chuck Gipp To a term ending April 30, 2002
HAWK-I BOARD
(Chapter 514I.5, Code of Iowa)
Jane Greimann To a term ending May 31, 2002
HOMELAND SECURITY AND DEFENSE
(House File 762, Section 27, 2001 Extraordinary Session)
Clel Baudler
MEDICAL ASSISTANCE ADVISORY COUNCIL
(Chapter 249A.4, Code of Iowa)
Andra Atteberry To a term ending June 30, 2003
Brad Hansen To a term ending June 30, 2003
STATE COUNTY MANAGEMENT COMMISSION
(Chapter 331.438, Code of Iowa)
Gerald Jones
Replaces Hubert Houser
COMMUNICATIONS RECEIVED
The following communications were received and filed in the office
of the Chief Clerk:
BOARD OF REGENTS
The annual technology transfer and economic development reports from the
University of Iowa, Iowa State University and the University of Northern Iowa,
pursuant to Chapter 262.93, Code of Iowa.
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
The Iowa Watershed Task Force Report 2001, pursuant to Chapter 161C.7, Code of
Iowa.
Office of Renewable Fuels and Co-Products
The Seventh Annual Report, pursuant to Chapter 159.15, Code of Iowa.
DEPARTMENT OF COMMERCE
Iowa Utilities Board
The 2000 Annual Report, pursuant to Chapters 7A.1, 7A.10 and 476.16, Code of
Iowa.
The Annual Report on the status of utility customer contribution funds, pursuant to
Chapter 476.66(6), Code of Iowa.
DEPARTMENT OF CORRECTIONS
A report regarding the Drug Court Evaluation Plan, pursuant to Chapter 904.115,
Code of Iowa.
A report regarding the Violator Program and Violator Aftercare Program, pursuant
to Chapter 904.115, Code of Iowa.
A report regarding Intermediate Criminal Sanctions, pursuant to Chapter 901B,
Code of Iowa.
A report regarding vocational programs, pursuant to Chapter 904.115, Code of
Iowa.
A report regarding the status of ICON, pursuant to Chapter 904.115, Code of Iowa.
A report regarding the Hard Labor Law - Progress Report 2001, pursuant to
Chapter 904.115, Code of Iowa.
DEPARTMENT OF EDUCATION
A study of National Board Certification in Iowa and a Community College
Licensure Task Force Report, pursuant to Chapters 142 and 146.1(2), 1999 Acts of the
Seventy-eighth General Assembly and 2001 Acts of the Seventy-ninth General
Assembly.
The Iowa Communication Network Usage Reports for Fiscal Year 2001, pursuant to
Chapter 8D.10, Code of Iowa.
Division of Vocational Rehabilitation Services
The ICN Cost Savings Report, pursuant to Chapter 8D.10, Code of Iowa.
DEPARTMENT OF HUMAN SERVICES
Mental Health and Developmental Disabilities Commission
A report concerning the activities of the commission and recommendations for
changes in law, pursuant to Chapter 225C.6(h), Code of Iowa.
DEPARTMENT OF JUSTICE
The 2001 Annual Report for the Prosecutor Intern Program, pursuant to Chapter
13.2(12), Code of Iowa.
Office of Consumer Advocate
A report on the estimate of the year 2000 earnings of Qwest Corporation, pursuant
to Chapter 476.98, Code of Iowa.
DEPARTMENT OF MANAGEMENT
The Fiscal Year 2001 Contract Compliance Annual Report, pursuant to Chapter
19B.7, Code of Iowa.
DEPARTMENT OF NATURAL RESOURCES
The Annual Report titled "Energy Fund Disbursement Council Report" covering
expenditures of Petroleum Violation Escrow funds through May 2001, pursuant to
Chapter 473.15, Code of Iowa.
The financial pages for the Energy Fund Disbursement Council Annual Report,
pursuant to Chapter 473.15, Code of Iowa.
The 2000 Public Drinking Water Program Annual Compliance Report, pursuant to
Chapter 455B, Code of Iowa.
The Water Quality in Iowa during 1998 and 1999 and Water Quality in Iowa during
1998 and 1999: Assessment Results, pursuant to Chapter 305(b), Federal Clean Water
Act.
DEPARTMENT OF PERSONNEL
An Annual Review of affirmative action in the executive branch of state
government, pursuant to Chapter 19B.5, Code of Iowa.
The Fiscal Year 2001 ICN Report of the IPERS Structure and Governance Task
Force, pursuant to Chapter 8D.10, Code of Iowa.
The ICN Savings Report for Fiscal Year 2001, pursuant to Chapter 19A, Code of
Iowa.
The Fiscal Year 2001 Educational Leave/Educational Assistance Report, pursuant
to Chapter 70A.25(3), Code of Iowa.
DEPARTMENT OF PUBLIC DEFENSE
The ICN Savings Report for Fiscal Year 2001, pursuant to Chapter 8D.10, Code of
Iowa.
DEPARTMENT OF PUBLIC HEALTH
The 2001 Annual Report, pursuant to Chapter 135.11, Code of Iowa.
A report on the reciprocity standards for barbers, pursuant to Chapter 72, 2001
Acts of the Seventy-ninth General Assembly.
The Child Death Review Team 2001 Report, pursuant to Chapter 135.43, Code of
Iowa.
The Fiscal Year 2001 - Iowa Communications Network Videoconferencing Usage
Annual Report, pursuant to Chapter 8D.10, Code of Iowa.
The Anatomical Gifts Annual Donation and Compliance Report for the year 2001,
pursuant to Chapter 142C.17, Code of Iowa.
The Comprehensive Cancer Control Study Committee Report, pursuant to Chapter
182.12, 2001 Acts of the Seventy-ninth General Assembly.
The December 2001 Access to Obstetrical Care in Iowa Report, pursuant to Chapter
135.11(18A), Code of Iowa.
The Annual Report, pursuant to Chapter 135.11, Code of Iowa.
Board of Medical Examiners
A report regarding automated dispensing systems, pursuant to Chapter
182.10(i)(2), 2001 Acts of the Seventy-ninth General Assembly.
DEPARTMENT OF PUBLIC SAFETY
The 2000 Iowa Uniform Crime Report, pursuant to Chapter 692.15, Code of Iowa.
DEPARTMENT OF REVENUE AND FINANCE
The Annual Report for Fiscal Year 2001, pursuant to Chapter 422.75(28), Code of
Iowa.
DEPARTMENT OF TRANSPORTATION
The 2001 Iowa Primary Road Sufficiency Log, pursuant to Chapter 307A.2(12),
Code of Iowa.
The 2001 Airport Sufficiency Summary Report, pursuant to Chapter 328.12, Code
of Iowa.
The fiscal year 2001 highway construction program, actual expenditures of the
program, and contractual obligations of the program, pursuant to Chapter 307.12(14),
Code of Iowa.
The Secondary Road Research Fund Report and the Street Research Fund Report,
pursuant to Chapters 310.36 and 312.3A, Code of Iowa.
A status report on the Midwest Regional Rail Passenger Initiative, pursuant to
Chapter 327J.3(5), Code of Iowa.
A summary of purchasing activity for soy based inks and recycled content trash
bags for fiscal year 2001, pursuant to Chapter 307.21, Code of Iowa.
GOVERNOR'S OFFICE OF DRUG CONTROL POLICY
The 2002 Drug Control Strategy Report, pursuant to Chapter 80E.1, Code of Iowa.
IOWA CITIZEN FOSTER CARE REVIEW BOARD
The Fiscal Year 2001 Annual Report, pursuant to Chapter 237.18, Code of Iowa.
IOWA COMMUNICATIONS NETWORK
Telecommunications and Technology Commission
A report on maintenance contracts, pursuant to Chapter 8D.3(3)(g), Code of Iowa.
The Five-Year Financial Plan, pursuant to Chapter 8D.3(3)(f), Code of Iowa.
A summary of identified savings associated with the Iowa Communications
Network use of the network during Fiscal Year 2001, pursuant to Chapter 8D.10, Code
of Iowa.
IOWA ENERGY CENTER
The 2000 Annual Report, pursuant to Chapter 476.10a, Code of Iowa.
IOWA PRISON INDUSTRIES
The 2000-2001 Annual Report, pursuant to Chapters 904.701, 904.808 and 904.815,
Code of Iowa.
IOWA WORKFORCE DEVELOPMENT
The 2001 Annual Surcharge Office Report, pursuant to Chapter 96.7(12), Code of
Iowa.
MUNICIPAL FIRE AND POLICE RETIREMENT SYSTEM OF IOWA
The 2001 report on escalation program, pursuant to Chapter 411.6, Code of Iowa.
STATE LIBRARY OF IOWA
The Fiscal Year 2001 - Iowa Communications Network Usage Annual Report,
pursuant to Chapter 8D.10, Code of Iowa.
STATE OF IOWA
Alcoholic Beverages Division
The 66th Annual Report, pursuant to Chapter 123.55, Code of Iowa.
TREASURER OF STATE
The Tobacco Settlement Authority Annual Report, pursuant to Chapter 12E.15,
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
2002\1 Irwin and Mary Lou Denker, Denison - For celebrating their 50th
wedding anniversary.
2002\2 Steven and Nattie Seward, Whitting - For celebrating their 50th
wedding anniversary.
2002\3 Marie Jongma, Hospers - For celebrating her 90th birthday.
2002\4 Cy Bryngelson, Marshalltown - For celebrating his 95th birthday.
2002\5 Mildred Pennell, Marshalltown - For celebrating her 94th birthday.
2002\6 Margaret Thomas, Marshalltown - For celebrating her 90th
birthday.
2002\7 Mary Elsberry, Marshalltown - For celebrating her 85th birthday.
2002\8 Jerry and Marilyn Anson, Marshalltown - For celebrating their 55th
wedding anniversary.
2002\9 Erwin and Verna Hass, Marshalltown - For celebrating their 69th
wedding anniversary.
2002\10 Harry Seelman, Oxford - For celebrating his 80th birthday.
2002\11 Fern Taylor, Dysart - For celebrating her 80th birthday.
2002\12 Jean Staker, Traer - For celebrating her 80th birthday.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 500 Appropriations
Relating to the repayment of moneys appropriated from the
endowment for Iowa's health account of the tobacco settlement trust
fund for purposes of the student achievement and teacher quality
program.
H.S.B. 501 Ways and Means
Establishing a new economy employment initiative by providing for a
partial deduction under the individual income tax for the capital gain
from the sale or exchange of capital stock of a corporation which was
acquired by an individual on account of employment with the
corporation, limiting the fiscal impact of the partial deductions, and
including an effective and retroactive applicability date provision.
H.S.B. 502 Ways and Means
Establishing a small business growth initiative by adjusting the
allocation to Iowa of income earned by an S corporation for purposes
of the state individual income tax and including a retroactive
applicability date provision.
H.S.B. 503 Education
Adding certain information concerning school or educational
institution security or emergency preparedness to the list of public
records kept confidential.
H.S.B. 504 Ways and Means
Relating to deferment of taxable income for start-up businesses and
providing an effective and retroactive applicability date.
H.S.B. 505 Ways and Means
Allowing a tax deduction for equity investments in venture capital
funds, limiting the fiscal impact of the tax deductions, and including
an effective and retroactive applicability date provision.
H.S.B. 506 Ways and Means
Updating the Iowa Code references to the Internal Revenue Code,
repealing an adjustment to net income for capital gains from
installment sales, relating to an adjustment to income for school
district income surtax paid, providing that refunds from the federal
rebate are not taxable, correcting a reference in the innocent spouse
statute, and providing retroactive applicability dates and an effective
date.
H.S.B. 507 Ways and Means
Creating an Iowa capital investment board, authorizing the
organization of an Iowa capital investment corporation and an Iowa
fund of funds, and authorizing the issuance of contingent tax credits
to investors in the Iowa fund of funds.
H.S.B. 508 Transportation
Increasing the speed limit for certain vehicular traffic on certain
interstate highways that have been identified by federal law as high
priority corridors.
H.S.B. 509 Transportation
Relating to driving a motor vehicle on a highway while suspended,
denied, revoked, or barred for an operating while intoxicated
violation.
RESOLUTION FILED
HCR 103, by Tyrrell, a concurrent resolution requesting the
legislative council to establish an interim study committee to study
the feasibility of merging counties in the state.
Laid over under Rule 25.
On motion by Rants of Woodbury the House adjourned at 1:09
p.m., until 8:45 a.m., Tuesday, January 15, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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