House Journal: Wednesday, January 16, 2002
JOURNAL OF THE HOUSE
Third Calendar Day - Third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, January 16, 2002
The House met pursuant to adjournment at 8:48 a.m., Speaker pro
tempore Sukup in the chair.
Prayer was offered by Reverend John Gaul, pastor of Grace United
Methodist Church, Sioux City. He was the guest of Representative
Christopher Rants of Woodbury County.
The Journal of Tuesday, January 15, 2001 was approved.
PETITION FILED
The following petition was received and placed on file:
By Murphy of Dubuque, from one hundred six constituents from
the eighty-fifth district petitioning the State Legislature and the
Governor to consider the judicious use of 5% of the state's "Rainy Day
Funds" for the purpose of providing a short term "fix" to cover
services to those children, families and seniors whose lives are most
devastated by the necessary and drastic cuts in state funding. We
want this directed to those services where there is a federal match, in
effect, doubling our money. We believe implicitly in the importance of
sound fiscal policy. We also believe in justice. We believe the econ-
omy is in a short downturn and is already rebounding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Carroll of Poweshiek, until his arrival, and Larson of Linn on request of Rants of
Woodbury.
INTRODUCTION OF BILLS
House File 2044, by O'Brien, a bill for an act concerning the
reemployment of Iowa public employees' retirement system retirees
by eliminating certain earnings restrictions and modifying the
requirements for a bona fide retirement.
Read first time and referred to committee on state government.
House File 2045, by Eddie, a bill for an act relating to the
collection and recycling of motor oil filters.
Read first time and referred to committee on environmental
protection.
House File 2046, by Boddicker, a bill for an act relating to
determinations of the need for a child's treatment with a psychotropic
drug under child in need of assistance procedures and school policies.
Read first time and referred to committee on human resources.
House File 2047, by Johnson, a bill for an act relating to notice of
proposed legislation that may contain an exception to open
governmental meeting requirements.
Read first time and referred to committee on state government.
House File 2048, by Boddicker, a bill for an act relating to the
right to demand a jury trial in a divorce proceeding.
Read first time and referred to committee on judiciary.
House File 2049, by Wise, a bill for an act relating to venture
capital by 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.
Read first time and referred to committee on ways and means.
House File 2050, by Greimann, Lensing, Shoultz, Schrader,
Foege, Mascher, Witt, Hatch, and Stevens, a bill for an act relating to
the reimbursement amount received by dealers or persons operating
redemption centers who redeem empty beverage containers.
Read first time and referred to committee on environmental
protection.
House File 2051, by Tymeson, Foege, Alons, Smith, and Finch, a
bill for an act relating to the membership of the commission of
veterans affairs.
Read first time and referred to committee on state government.
House File 2052, by Warnstadt and Hoversten, a bill for an act
authorizing the district court to waive the requirement that the state
or any of its political subdivisions file a supersedeas bond upon
appeal to the Iowa supreme court.
Read first time and referred to committee on judiciary.
House File 2053, by Dolecheck, a bill for an act to increase the
maximum amount of a vocational-technical tuition grant.
Read first time and referred to committee on education.
House File 2054, by Hoversten, a bill for an act relating to the
posting of close-clearance warning devices by railroads and providing
a penalty.
Read first time and referred to committee on transportation.
House File 2055, by Tymeson, a bill for an act providing for
access by licensed chiropractors to designated hospital services.
Read first time and referred to committee on human resources.
House File 2056, by Alons, Boddicker, Johnson, Garman, Roberts,
Klemme, Carroll, Dolecheck, Kettering, Tymeson, De Boef, Rekow,
Mertz, Tremmel, Seng, and O'Brien, a bill for an act relating to
prohibiting the use of the general fund of the state to implant the
product of human somatic cell nuclear transfer in a woman's uterus,
and providing a civil penalty.
Read first time and referred to committee on human resources.
House File 2057, by Roberts, a bill for an act adding civics to the
curriculum public and accredited nonpublic schools are required to
teach in grades seven and eight.
Read first time and referred to committee on education.
House File 2058, by Eddie, a bill for an act relating to the
establishment of a crossbow deer season by the natural resource
commission and subjecting violators to a scheduled fine.
Read first time and referred to committee on natural resources.
House File 2059, by Lensing, a bill for an act concerning bona
fide retirement for nurses under the Iowa public employees'
retirement system.
Read first time and referred to committee on state government.
House File 2060, by Cormack, a bill for an act relating to the
criminal offense of making a false report and providing a penalty.
Read first time and referred to committee on judiciary.
House File 2061, by Finch, a bill for an act relating to the
membership of the state board of regents.
Read first time and referred to committee on education.
House File 2062, by Hoversten, a bill for an act providing for
licensure sanctions against defaulters of designated loan and
scholarship programs.
Read first time and referred to committee on education.
House File 2063, by Siegrist, a bill for an act relating to the
powers of the department of public safety in regard to security on the
capitol complex.
Read first time and referred to committee on judiciary.
HOUSE FILES WITHDRAWN
The following House Files were withdrawn by unanimous consent:
House File 331 by Baudler of Adair
House File 509 by Sievers of Scott
House File 163 by Horbach of Tama
House File 255 by Bradley of Clinton
House File 671 by Van Engelenhoven of Mahaska
The House stood at ease at 8:59 a.m., until the fall of the gavel.
The House resumed session at 9:40 a.m., Speaker pro tempore
Sukup in the chair.
COMMITTEE TO NOTIFY THE SENATE
Bradley of Clinton moved that a committee of three be appointed
to notify the Senate that the House was ready to receive it in joint
convention.
The motion prevailed and the Speaker appointed as such
committee Bradley of Clinton, Garman of Story and Foege of Linn.
REPORT OF THE COMMITTEE TO NOTIFY THE SENATE
Bradley of Clinton, Chair of the committee appointed to notify the
Senate that the House was ready to receive it in joint convention
reported that the committee had performed its duty.
The report was accepted and the committee discharged.
The Sergeant-at-Arms announced the arrival of the President of
the Senate, the Secretary of the Senate and the honorable body of the
Senate.
The President was escorted to the Speaker's station, the Secretary
to the Chief Clerk's desk and the members of the Senate were seated
in the House Chamber.
JOINT CONVENTION
In accordance with law and House Concurrent Resolution 102,
duly adopted, the joint convention was called to order at 9:50 a.m.,
President Kramer presiding.
Senator Gaskill of Hancock moved that the roll call be dispensed
with and that the President of the joint convention be authorized to
declare a quorum present.
The motion prevailed.
President Kramer announced a quorum present and the joint
convention duly organized.
Senator Gaskill of Hancock moved that a committee of six,
consisting of three members from the Senate and three members from
the House of Representatives, be appointed to notify Governor
Thomas J. Vilsack that the joint convention was ready to receive him.
The motion prevailed and the President appointed as such
committee Senators Angelo of Union, Maddox of Polk and Fiegen of
Cedar, on the part of the Senate, and Representatives Dolecheck of
Ringgold, Wilderdyke of Harrison and Greimann of Story, on the part
of the House.
Senator Gaskill of Hancock moved that a committee of six,
consisting of three members from the Senate and three members from
the House of Representatives, be appointed to notify Chief Justice
Louis A. Lavorato that the joint convention was ready to receive him.
The motion prevailed and the President appointed as such
committee Senators Lamberti of Polk, Rittmer of Clinton and Fraise
of Lee, on the part of the Senate, and Representatives Millage of
Scott, Baudler of Adair and Lensing of Johnson, on the part of the
House.
Secretary of State, Chester J. Culver; Treasurer of State, Michael
Fitzgerald; Secretary of Agriculture and Land Stewardship, Patty
Judge; and Attorney General, Tom Miller were escorted into the
House chamber.
The Justices of the Supreme Court, the Chief Judge, the Judges of
the Court of Appeals and the District Court Chief Judges, were
escorted into the House chamber.
Mrs. Janis Lavorato, the wife of the Chief Justice; his sons,
Anthony and Dominick Lavorato and his friend Lori Wilson; his
stepdaughter, Jenna Green; his brother Charles and his wife Carolyn;
his sister-in-law, Delayne Johnson and her son Jacob Johnson; and
his brother-in-law Ed Busing were escorted into the House chamber.
The committee waited upon Governor Thomas J. Vilsack and
escorted him into the House chamber.
The committee waited upon Chief Justice Louis A. Lavorato and
escorted him to the Speaker's station.
President Kramer presented Chief Justice Louis A. Lavorato who
delivered the following Condition of the Judicial Branch Message:
Mr. Speaker, Madam President, Members of the General Assembly, Governor
Vilsack, distinguished guests, and friends.
Thank you for the kind invitation to appear before you today. It is an honor for the
Iowa Judicial Branch, as well as a personal privilege for me, to report to you on the
condition of Iowa’s court system. This address is our opportunity to share with you and
the people of Iowa our current assessment of the administration of justice in this state.
We have enjoyed a strong relationship with you based upon candor, cooperation, and
mutual respect. Today, I wish to address you in that spirit.
First, permit me to digress for a moment so that I may recognize some special
guests. I would like to acknowledge Justice Michael Streit, the newest member of the
Iowa Supreme Court, and Judge Larry Eisenhauer, the newest member of the Iowa
Court of Appeals.
This brings to me why we are here: the condition of Iowa’s judicial branch. This
year I must report that the state of the judiciary reflects the times in which we live;
events beyond our control have thrown us into a state of uncertainty about the future.
Access to justice is a paramount concern for us as we try to manage in the wake of the
recent budget cut.
I intend to begin with a review of the steps we took to balance our operating budget
and explain how we’re coping. Then I will proceed to discuss some recommendations
for streamlining the court system. I will conclude with our goals for the future.
BUDGET REDUCTIONS: FOCUSING ON OUR MISSION.
Although the judicial branch is a separate branch of government, we do not work in
a vacuum. It is up to you to provide us with the tools and resources we need to do the
job. To any extent you choose not to fund the system, court services will not be
available. We recognize that we are accountable to the taxpayers and must manage
our resources wisely. This principle was foremost in our minds when we considered
how to absorb the cut you imposed this fiscal year.
Although our budget cut was not imposed until the special session, the Court began
planning as soon as it became apparent that reductions were inevitable. The Court
began by settling upon three basic principles to guide our decisions.
The first principle was to reduce the budget in a manner that would allow the
judicial branch to continue to fulfill its mission, which is to provide independent and
accessible courts for the fair and prompt resolution of disputes. Maintaining
consistency with our mission required that we impose differential cuts rather than
across-the-board cuts in all components of our operation.
The second principle was based upon our understanding that the state’s financial
troubles would continue for more than a year. To that end we focused on cost-cutting
measures that were long-term solutions. From the start of the process, we viewed
furloughs as an impractical measure that would undermine court operations in the
long run.
The third principle was to reach a consensus among the judicial districts on cuts
that affected the operation of the trial courts.
With these three principles as our guide, we scrutinized all aspects of our operation
from top to bottom. In doing so, we had the help of the chief judges, district court
administrators, and state court administration.
We cut as much as we could from non-personnel items such as travel, supplies,
communications, furniture, and equipment. We also cut technology projects. In
addition, we imposed a hiring freeze, stopped using contractual court reporter services,
and eliminated funds for part-time judicial officers such as hospitalization referees and
alternate district associate judges.
But we had to cut more.
So we eliminated programs that were not constitutionally and statutorily
mandated. One was our highly regarded CASA program that recruits and trains
volunteers to serve as advocates for abused and neglected children in 30 counties.
We’re very proud of the CASA program. Unfortunately, we were forced to make
difficult choices: keep CASA or keep cases moving through the courts. This was an
unpopular decision - one subject to easy attack - but it was necessary under the
circumstances. We’re grateful, however, that you stepped in and saved CASA by
finding it a new home.
Even after making this difficult decision, we needed to reduce our expenses more to
balance the budget. At this point, we were forced to take the unprecedented step of
reducing our workforce.
Over 250 employees were adversely affected. We laid-off 107 employees; we cut the
hours of 67 other employees; and we downgraded the positions of 79 supervisory
employees. In addition, we eliminated more than 20 vacant positions around the state.
The cuts in personnel affected every component of our operation.
Deciding to eliminate jobs was the most difficult decision that we have ever had to
make. The difficulty of making the decision, however, pales in comparison to the
difficulties faced by those employees who are now struggling to pay bills and support
families.
BUDGET CUTS: FACTS AND MISCONCEPTIONS
Now let me make a few points about the budget cuts that I feel have been
overlooked.
Probably the most common misconception about the budget cuts is the notion that
we somehow arbitrarily singled out and treated rural communities unfairly. This is
not true. In making the cuts to our clerk of court component, we focused on workloads,
not geography or politics. The Court used a weighted caseload formula in making
those cuts. We applied the formula uniformly to all 99 counties.
There’s a simple reason why most of the cuts in clerks’ offices occurred in small
counties. The formula was developed in the mid-1990s through the use of time studies
conducted in 32 counties. At the time of the study, most clerks’ offices were not
computerized; they were still operating with papers and clumsy docket books, which
took more time. To account for this, the formula gave rural counties - all of which were
not computerized - an advantage that resulted in a higher staffing ratio.
We continued to use this differential even after we computerized all of our clerks’
offices in 1997. We did so because we wanted to provide the rural offices with a
transition period. But the reductions required by the present financial crisis forced us
to take immediate action. Knowing that any reduction would be unpopular, we felt it
was imperative to treat all offices equally. Consequently, we decided to apply the
automated workload standard to all clerks’ offices. Any office that exceeded the
formula was cut back. The budget cuts in the clerks’ component affected primarily
rural offices because it was primarily those offices that exceeded the formula.
Nevertheless, the cuts leave clerks’ offices in some rural counties with a larger staff
than the formula justifies. This is because we decided to deviate from the formula and
maintain a minimum of two employees per office.
Critics contend that the formula is not perfect. Well, because the formula is the
work of humans, it definitely is not perfect. However, it is the best objective measure
that we have for making an equitable allocation of our clerk of court resources. Let me
add that we have relied on this formula for years to justify our requests to you for more
clerk of court staff.
I want to point out that nearly ten percent of our clerks’ offices have less staff than
is called for by the formula. These offices are located in some of our busy urban areas.
For example, for some time now, the Pottawattamie Clerk of Court office has operated
30% under the formula. Black Hawk has managed while 20% under, and Johnson gets
by even though it is 17% understaffed. Despite being chronically short-handed, these
offices have been able to cope, which is a big credit to their staff. My reason for
mentioning these offices is not to suggest that we should operate all offices
understaffed, but to point out that some offices were, and still are, worse off than those
that were cut.
Some people have complained that we cut the clerks as a group more than their fair
share. This also is not true. While it’s true that the cut in the clerks’ component
contributed the most dollars, in terms of percentage of budget, state court
administration and district court administration each contributed more. We reduced
the budget of district court administration by 10.7%; state court administration by
10%; and the clerks by 8%. The reduction in the clerks’ component was the largest
dollar amount because that group consumes the most money - it takes up more than
30% of our operating budget.
Let me address another budget decision: the decision to eliminate eleven satellite
magistrate offices, which caused a loud outcry from the affected communities. These
offices were not budget busters, but they were an exception to our general practice. In
the majority of counties, court services are located in the county seat only. The Court
felt it would be unfair to cut basic services in many counties while operating extra
services in a few.
ACCESS TO THE COURTS: MANAGING WITH LESS.
Our most immediate challenge is managing the same amount of work with fewer
resources. How do we meet that challenge? We meet it one day at a time.
Our districts are working with their staffs to develop new strategies for providing
court services. Clerk of court offices are rethinking their priorities and dropping
unnecessary tasks. It won’t be the level of service that some communities are
accustomed to, but by taking these steps clerks’ offices will continue to fulfill their
statutory responsibilities.
As you know, the judicial council raised the issue of merging clerks’ offices. To say
that the idea was short-lived is an understatement. The gist of the plan was to explore
options for delivering court services in the wake of the budget cuts. Because of these
cuts, many clerk of court offices have now reduced their hours. By merging the staff of
several clerk of court offices into one location, we would have been able to provide full-
time hours - perhaps even expanded hours - to the public. But the merger idea is a
moot issue now. As far as the Court is concerned, consolidation of the clerks’ offices is
dead.
Although the Court dropped the plan, I want to recognize and commend our
dedicated and talented chief judges, district court administrators, and state
administrative team for their creativity and willingness to pursue the public interest
with vision and courage.
SOLUTIONS: STREAMLINING THE COURTS AND REDUCING OPERATING
COSTS.
No doubt your attention will be consumed during the next few months by the
serious condition of the state budget. We recognize the condition of the state budget is
still uncertain. I must advise you, however, that any more cuts to the judicial branch
budget may threaten our ability to provide adequate court services. Although we are
aware of the other important demands being made upon you, we trust you will respond
to the needs of the judicial branch.
In the same spirit, I ask that when you are debating new laws, you carefully
consider the impact your actions have on the court system. Though well intentioned,
legislation nearly always adds to our workload. Adding responsibilities without
corresponding resources creates poor results.
Certainly, we understand that we need to be part of the overall solution for
reducing the cost of state government. We have several recommendations for
streamlining the court system that would help reduce costs and improve court services.
All require legislative approval.
First, we recommend that you eliminate unnecessary tasks. I’m not suggesting that
we stop hearing cases or drop important services, not at all. I’m suggesting we
streamline some procedures, eliminate obsolete or unnecessary practices, and, where
appropriate, shift some procedures to other agencies. We have a list of suggestions
along this line for your review.
For instance, why are the courts involved in cemetery management or required to
have a 24-hour probate court? Perhaps this made sense in the early years of the last
century, but it does not make sense today. Someone once said: "There is nothing more
useless than doing efficiently that which should not be done at all." This is sound
advice. Let’s follow it and get rid of the needless work.
We also recommend a statutory change that would give the Court authority to
determine the structure of the judicial districts. The configuration of the judicial
districts has not been changed in thirty years. Although the judicial council’s plan
proposed reducing the number of districts from eight to five, we have not adopted that
plan or any other. Further, there would be an opportunity for public participation
before we would act on proposals for change.
By reorganizing the judicial districts, we could gain a significant improvement: a
better allocation of our existing judicial resources. Preliminary results of a recent
study by the National Center for State Courts indicate that Iowa has enough judges
statewide; however, some districts have more judges than they need, and some have
less than they need. By redrawing the districts, we can correct that imbalance.
We also believe that we can reduce some of our administrative costs by reducing the
number of districts. If we had fewer districts, we would need fewer managers.
Finally, we recommend a statutory change that would eliminate the mandate that
there be a clerk of court official in every county. If this were done, we could use one
clerk of court to manage several small offices. The Court does not have a specific plan
in mind for reducing the number of clerks; however, we ask for authority to determine
our staffing levels - including our management staffing levels. Let me make clear that
this would not affect the presence of a clerk of court office in each county, which we will
continue to maintain.
Our request to eliminate the mandate is based simply on our desire for more
flexible management. Good management does not require that we have 99 managers.
The executive branch is reducing the number of managers it has. We should do the
same. We could use the savings to add line staff to understaffed offices.
I want to emphasize that this request should not be taken as any reflection on the
abilities of the present occupants of these offices. Our clerks are hardworking,
dedicated public servants. We have great respect for their abilities.
All the recommendations that we are suggesting would not only make the court
system more efficient, but would enable us to do more with our existing resources. We
realize, however, that change will not occur overnight. It will come with time. And
realization of all the benefits from the change will likewise come with time.
Nevertheless, the recommendations we are proposing are steps in the right direction.
FUTURE GOALS: BETTER ACCESS WITH THE AID OF TECHNOLOGY.
Clearly, Iowans want and deserve the greatest access to justice that we can afford.
The old and comfortable definition of access revolves around 100 county courthouses.
But access to court services need not be limited to the brick and mortar of a courthouse.
Access can come through other means.
We’re all aware of the electronic revolution. The 2000 Census found that more
than one-half of U.S. households own at least one computer, and most of these homes
are connected to the Internet. According to Nielsen/NetRatings, the number of Web
users in the United States soared to an all-time high of 115 million last October. The
electronic revolution is transforming every sector of our society including the courts.
As I said to you last year at this time: "With the aid of information technology, we
can provide a host of court services where they are needed, when they are needed, any
time and any place." This is still true today. On-line services would provide busy
Iowans more convenient public access to the courts - without taking time away from
one’s job or family, driving to the county seat courthouse, searching for a parking
space, and waiting in line for help.
We will soon take the first step in that direction with our electronic public access
program. This program will put the trial court dockets from all 99 counties and the
appellate courts on-line, 24 hours a day, 7 days a week. The bulk of the information
will be free. Iowans will be able to conduct routine searches of court information such
as child support records, criminal records, and traffic fines through the Internet. Later
this year, we’ll provide a feature that will enable the public to pay court fines and child
support obligations on-line.
In addition to the obvious benefits to the public, this service will help us operate
more efficiently. Because the court information is on-line there will be fewer telephone
calls for court staff to answer, and fewer people waiting at the counter in the clerk’s
office. Court staff will be able to focus their time on other important duties such as
processing child support cases, assisting litigants who are representing themselves in
court, and collecting fines.
But this is only the first step. We can and must do more.
As I reported to you last year, we were poised to test a new system, known as
EDMS, which would offer a broad spectrum of benefits. For example, it would:
Enable on-line electronic filing and document retrieval - 24 hours a day, 7 days a week,
Provide access to court documents, which would allow a person to inspect or copy a
record from a personal computer at their home, office or local library, and
Eventually reduce the need for file cabinets, file systems, and storage space that is
provided at county expense.
Regrettably, the budget situation has delayed our progress, but we will not abandon
our goal to implement EDMS. We plan to implement EDMS as soon as funding
permits.
CONCLUSION: FINDING COMMON GROUND
The state’s financial problems present great challenges for all of us - challenges
that are not susceptible to a quick fix. If we are to meet those and other challenges in
the next ten, twenty, or even fifty years, all of us - elected officials, appointed officials,
and citizens - must be willing to consider new ideas that, at first blush, may seem too
radical for many Iowans. We cannot expect everyone to agree on every issue, but let’s
at least rise above our different opinions so that Iowa can move forward.
Perhaps the greatest challenge for Iowans is to work together to find solutions to
problems that we share instead of belaboring parochial differences. Let’s stop defining
ourselves by where we live in this great state. Let’s define ourselves by who we are:
Iowans - who share the same values and the same hopes for a bright future. I am
confident that if we join together on common ground and explore new ideas, we can
forge a judicial system that will serve the best interests of all Iowans.
Thank you.
Chief Justice Louis A. Lavorato was escorted from the House
chamber by the committee previously appointed.
Governor Thomas J. Vilsack was escorted from the House chamber
by the committee previously appointed.
On motion by Jacobs of Polk, the joint convention was dissolved at
10:33 a.m.
On motion by Rants of Woodbury, the House was recessed at 10:49
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:02 p.m., Speaker Siegrist in the chair.
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 ADMINISTRATION AND RULES
House Concurrent Resolution 104, a concurrent resolution amending the
compensation resolution for employees of the Seventy-ninth General Assembly.
Fiscal Note is not required.
Recommended Do Pass January 15, 2002.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 104
Carroll of Poweshiek asked and received unanimous consent for
the immediate consideration of the following resolution:
1 HOUSE CONCURRENT RESOLUTION 104
2 BY COMMITTEE ON ADMINISTRATION AND RULES
3 A concurrent resolution amending the compensation
4 resolution for employees of the Seventy-ninth General
5 Assembly.
6 Be It Resolved By The House Of Representatives, The
7 Senate Concurring, That for the duration of the 2002
8 Regular Session of the Seventy-ninth General Assembly,
9 secretaries to senators and representatives are
10 presumed to have 36, rather than 40, hours of work
11 each week the general assembly is in session and shall
12 be paid only on that basis.
13 Be It Further Resolved, That the following joint
14 Senate/House employees of the Seventy-ninth General
15 Assembly be placed in the following pay grades and be
16 paid an overtime premium:
17 Security Secretary I Grade 19
18 Security Officer I Grade 20
19 Security Officer II Grade 23
20 Conservation/Restoration Specialist II Grade 31
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-six members present,
twenty-four absent.
The House stood at ease at 1:18 p.m., until the fall of the gavel.
The House resumed session at 1:47 p.m., Speaker Siegrist in the
chair.
Shoultz of Black Hawk asked for unanimous consent that House
Concurrent Resolution 104 be deferred.
Objection was raised.
Hatch of Polk asked unanimous consent to suspend Rule 31.8,
relating to the timely filing of amendments.
Objection was raised.
RULE 31.8 SUSPENDED
Shoultz of Black Hawk asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments, for
the immediate consideration of amendment H-8001.
Shoultz of Black Hawk offered the following amendment H-8001
filed by him from the floor and moved its adoption:
H-8001
1 Amend House Concurrent Resolution 104 as follows:
2 1. Page 1, by striking lines 7 through 13, and
3 inserting the following: "SENATE CONCURRING, That the
4 following joint".
Amendment H-8001 lost.
Carroll of Poweshiek moved the adoption of House Concurrent
Resolution 104.
The motion prevailed and the resolution was adopted.
SUPPLEMENTAL REPORT OF COMMITTEE ON MILEAGE
Mr. Speaker: Your committee appointed to determine the mileage
each member is entitled to begs leave to submit the following
supplemental report:
Name Round Trip Miles
Gerald D. Jones 280
Richard D. Taylor 264
Todd E. Taylor 248
Paul A. Wilderdyke 262
Respectfully submitted,
MICHAEL G. CORMACK, Chair
DICK B. WEIDMAN
GERI D. HUSER
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House Concurrent Resolution 104 be immediately messaged to
the Senate.
REPORT OF ADMINISTRATION AND RULES COMMITTEE
MR. SPEAKER: Pursuant to House Concurrent Resolution 104
and Senate Concurrent Resolution 5, your committee on admin-
istration and rules submits the following to be employed in the
indicated positions, and at the indicated classification, grades and
steps, and the changes in the classification of the indicated officers
and employees to be effective on the date indicated:
Grade Class of
and Appoint- Eff.
Position Name Step ment Date
Admin. Assistant Daniel L. Fogleman 35-2 to P-FT 05-11-01
II to Speaker 35-3
Leg. Research Analyst Dwayne Dean Fiihr, Jr. 27-2 to P-FT 06-08-01
27-3
Supervisor of Linda C. Rosky 24-1 to P-FT 06-08-01
Secretaries I 24-2
Clerk to Chief Clerk Shane D. Doeppke 16-1 to S-O 06-25-01
Indexing Assistant 19-1 P-FT
Admin. Assistant Mary K. Earnhardt 27-1 to P-FT 07-06-01
to Leader 27-2
Grade Class of
and Appoint- Eff.
Position Name Step ment Date
Leg. Research Analyst Stefani K. Millie 27-1 to P-FT 07-06-01
27-2
Leg. Research Analyst II Patricia A. Schultz 32-3 to P-FT 07-06-01
Leg. Research Analyst III 35-2
Leg. Research Analyst II Bradley A. Trow 32-2 to P-FT 07-06-01
32-3
Leg. Research Analyst Jason E. White 27-1 to P-FT 07-06-01
27-2
Confidential Secretary Becky L. Lorenz 27-2 to P-FT 09-12-01
to Speaker 27-3
Confidential Sec. II Jacquelyn M. Seymour 32-1 P-FT 11-13-01
to Chief Clerk
Assistant Legal Counsel Doreen R. Terrell 27-2 to P-FT 11-23-01
27-3
Senior Caucus Secretary David L. Epley 24-2 to P-FT 12-07-01
24-3
Senior Leg. Research Mary C. Braun 38-5 to P-FT 12-21-01
Analyst 38-6
Admin. Assistant II Gentry T. Collins 32-3 to P-FT 12-21-01
to Leader 32-4
Admin Assistant Mary K. Earnhardt 27-2 to P-FT 12-21-01
to Leader
Leg. Research Analyst 27-2
Senior Editor Gayle A. Goble 30-1 to P-FT 12-21-01
30-2
Caucus Staff Director Jeffrey G. Mitchell 38-5 to P-FT 12-21-01
38-6
Senior Leg. Research Jenifer L. Parsons 38-3 to P-FT 12-21-01
Analyst 38-4
Editor II Trina L. Rudicil 25-1 to P-FT 12-21-01
25-3
Indexing Assistant Shane D. Doeppke 19-1 to P-FT 01-04-02
19-2
Assistant Editor Vicki L. Jones 19-1 E-FT 01-04-02
Doorkeeper Richard R. Overholser 11-3 to S-O 01-04-02
11-4
Leg. Research Analyst Kellie L. Paschke 27-2 to P-FT 01-04-02
27-3
Senior AA to Speaker Susan D. Severino 38-4 to P-FT 01-04-02
38-5
Admin. Assistant Allison G. Dorr Kleis 27-1 P-FT 01-07-02
to Leader
Doorkeeper Howard H. Scott, Sr. 11-1 S-O 01-09-02
Confidential Secretary Betty M. Soener 32-5 to P-FT 01-11-02
II to Chief Clerk
Clerk to Chief Clerk 16-6 S-O
Legislative Secretary Chris C. Anderson 16-1 S-O 01-14-02
Legislative Secretary Allison N. Bell 16-1 S-O 01-14-02
Grade Class of
and Appoint- Eff.
Position Name Step ment Date
Legislative Committee Opal M. Bigham 17-1 S-O 01-14-02
Secretary
Legislative Secretary Devin L. Boerm 15-1 S-O 01-14-02
Legislative Secretary Dawn M. Chamberlain 15-1 S-O 01-14-02
Legislative Secretary Eric M. Curtis 15-1 S-O 01-14-02
Legislative Secretary Megan K. Daley 16-1 S-O 01-14-02
Legislative Secretary Shirley M. Danskin- 16-6+2 S-O 01-14-02
White
Legislative Secretary Kirk J. Eilers 15-1 S-O 01-14-02
Legislative Secretary Judith K. Elliott 17-2 to S-O 01-14-02
15-2
Legislative Committee Jaime L. Ellithorpe 17-1 S-O 01-14-02
Secretary
Legislative Committee Brooke A. Findley 17-1 S-O 01-14-02
Secretary
Legislative Committee Lynn K. Frank 17-2 to S-O 01-14-02
Secretary
Legislative Secretary 16-2
Legislative Secretary Martha L. Fullerton 16-1 S-O 01-14-02
Legislative Committee Linda B. Gesling 17-1 to S-O 01-14-02
Secretary 18-1
Legislative Secretary Brendan E. Greiner 16-1 to S-O 01-14-02
18-1
Legislative Secretary Sue L. Hammen 18-1 S-O 01-14-02
Legislative Secretary Jennifer M. Hansen 16-1 S-O 01-14-02
Legislative Secretary Vikki R. Hanson 15-1 S-O 01-14-02
Legislative Committee H. Kay Jenkins 17-2 to S-O 01-14-02
Secretary 17-3
Legislative Secretary Janet M. Jones 16-1 S-O 01-14-02
Legislative Secretary Joseph L. Judge 15-1 S-O 01-14-02
Legislative Secretary Jarad J. Klein 16-1 to S-O 01-14-02
15-1
Legislative Secretary Denise A. Kuhn 16-1 S-O 01-14-02
Legislative Secretary Amanda B. Lensing 15-1 S-O 01-14-02
Legislative Secretary Karen A. Lischer 15-1 S-O 01-14-02
Legislative Secretary Karen K. Loihl 15-1 S-O 01-14-02
Legislative Secretary Kyle S. McCullough 16-1 S-O 01-14-02
Legislative Secretary Clark E. McMullen 15-2 to S-O 01-14-02
16-2
Legislative Secretary Kerri E. Moran 17-1 to S-O 01-14-02
16-1
Legislative Secretary Diane E. Nandell 17-2 to S-O 01-14-02
16-2
Legislative Secretary Lacee R. Oliver 16-1 S-O 01-14-02
Legislative Committee Jean P. Olson 17-2 to S-O 01-14-02
Secretary 18-2
Legislative Committee Martha S. Raecker 17-1 S-O 01-14-02
Secretary
Grade Class of
and Appoint- Eff.
Position Name Step ment Date
Legislative Secretary Regan R. Roberts 16-1 S-O 01-14-02
Legislative Secretary Mary M. Sanders 16-2 to S-O 01-14-02
16-3
Legislative Secretary Dianne G. Shoultz 16-1 S-O 01-14-02
Legislative Secretary Bryan L. Turner 16-1 S-O 01-14-02
Legislative Secretary Barbara B. Wennerstrum16-6+2 to S-O 01-14-02
Legislative Committee 17-6+2
Secretary
Legislative Secretary Nathan T. Willems 18-1 S-O 01-14-02
Legislative Secretary Courtney E. Winckler 15-1 S-O 01-14-02
Grade Class of
and Appoint-
Position Name Step ment
PAGES-GROUP I
Speaker's Page Jonathan D. Law 9-1 S-O
Chief Clerk's Page Sara J. Hildreth 9-1 S-O
Chief Clerk's Page Mindy A. Jensen 9-1 S-O
Page Tosha N. Anderson 9-1 S-O
Page Brad P. Bell 9-1 S-O
Page Jonathan P. Bracewell 9-1 S-O
Page Laura E. Byrd 9-1 S-O
Page Rebecca L. Castle 9-1 S-O
Page Milissa N. Clark 9-1 S-O
Page Daniel W. Dvorak 9-1 S-O
Page Morgan M. Hillmer 9-1 S-O
Page Drew N. Hjelm 9-1 S-O
Page Melissa A. Juhl 9-1 S-O
Page Morgan K. Kass 9-1 S-O
Page Erin T. Kreiman 9-1 S-O
Page Megan L. Mahler 9-1 S-O
Page Thomas N. Mason 9-1 S-O
Page Autumn G. Noble 9-1 S-O
Page Casey J. Palmersheim 9-1 S-O
Page Megan L. Riney 9-1 S-O
Page Brian F. Rolek 9-1 S-O
Page Christopher E. Skoog 9-1 S-O
Page Danelle M. Tippie 9-1 S-O
Page Tina T. Tran 9-1 S-O
Page Kylene A. Wentland 9-1 S-O
PAGES-GROUP II
Page Frances M. Blake 9-1 S-O
Page Josh L. Gipper 9-1 S-O
Page Aaron R. Gott 9-1 S-O
Grade Class of
and Appoint-
Position Name Step ment
Page Lynette S. Grause 9-1 S-O
Page Jonquil G. Kessel 9-1 S-O
Page Louis J. Kishkunas 9-1 S-O
Page Amanda K. Knoll 9-1 S-O
Page Mary E. McAlexander 9-1 S-O
Page Angela E. Peterson 9-1 S-O
Page Stephanie R. Strasko 9-1 S-O
Page Ryan S. Tomlinson 9-1 S-O
Page Lindsey T. Topp 9-1 S-O
Page Melissa Ann Wathen 9-1 S-O
The following are resignations from the officers and employees of the House:
Assistant Editor Laurel K. Sandbulte 10-17-01
Senior Leg. Research Stacie S. Maass 11-30-01
Analyst
Confidential Sec. II to Betty M. Soener 01-10-02
Chief Clerk
Pursuant to House Concurrent Resolution 104 and Senate
Concurrent Resolution 5, duly adopted, the following is a list of
officers and employees of the Joint Senate/House and their
recommended classification grades and steps:
Grade Class of
and Appoint- Eff.
Position Name Step ment Date
Conservation/Restoration Mark S. Lundberg 31-1 P-FT 07-25-01
Specialist II
Security Secretary I Shawna S. Padgett 19-1 P-FT 01-08-02
Security Officer I Loren E. Achenbach 20-1 P-FT 01-08-02
Security Officer I Anthony Bigger 20-1 P-FT 01-08-02
Security Officer I Nickolas S. Brown 20-1 P-FT 01-08-02
Security Officer I Richard A. Crawford 20-1 P-FT 01-08-02
Security Officer I Marshall T. Irwin 20-1 P-FT 01-08-02
Security Officer I Carl E. Lami 20-1 P-FT 01-08-02
Security Officer I Steven D. Marsh 20-1 P-FT 01-08-02
Security Officer I Roy E. Paradise 20-1 P-FT 01-08-02
Security Officer I Trudy Paulson 20-1 P-FT 01-08-02
Security Officer I Johnny L. Ponsetto 20-1 P-FT 01-08-02
Security Officer I Robert J. Porter 20-1 P-FT 01-08-02
Security Officer I Judith A. Salier 20-1 P-FT 01-08-02
CARROLL of Poweshiek, Chair
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF COMMERCE
A report on savings incurred from using the Iowa communications network,
pursuant to Chapter 8D.10, Code of Iowa.
DEPARTMENT OF HUMAN SERVICES
The Fourth Annual Report of the Healthy and Well Kids in Iowa (HAWK-I) Board,
pursuant to Chapter 514I.4(1)(a), Code of Iowa.
DEPARTMENT OF INFORMATION TECHNOLOGY
The Fiscal Year 2001 Agency Revolving Fund Report, pursuant to Chapter
14B.103, Code of Iowa.
DEPARTMENT OF PUBLIC DEFENSE
The annual report regarding the status of Iowa's E911 implementation and
operations, pursuant to Chapter 34A.7A, Code of Iowa.
PSEUDORABIES ADVISORY COMMITTEE
The official 2002 report on calendar year 2001 activities, pursuant to Chapter
166D.3, 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\31 Velma Calef, Oskaloosa - For celebrating her 84th birthday.
2002\32 Dwight Calef, Oskaloosa - For celebrating his 88th birthday.
2002\33 Mr. and Mrs. Dwight Calef, Oskaloosa - For celebrating their 66th
wedding anniversary.
2002\34 Homer and Dorothy Kerr, South English - For celebrating their 65th
wedding anniversary.
2002\35 Mabel Huber, Wellman - For celebrating her 100th birthday.
2002\36 Verle and Bernice Brubaker, South English - For celebrating their
50th wedding anniversary.
2002\37 Paul Crosman, Ogden - For being named a member of the 1st Team
All-State Football Team.
2002\38 Don and Isabel Berry, Indianola - For celebrating their 50th
wedding anniversary.
2002\39 Mr. and Mrs. Bruce Brown, Lebanon - For celebrating their 60th
wedding anniversary.
2002\40 Frances Overstreet, Keosauqua - For celebrating her 90th birthday.
SUBCOMMITTEE ASSIGNMENTS
House File 40 Reassigned
Appropriations: Roberts, Chair; Dix and Mertz.
House File 42 Reassigned
State Government: Metcalf, Chair; Bradley and O'Brien.
House File 296 Reassigned
Appropriations: Heaton, Chair; Roberts and Seng.
House File 423 Reassigned
Appropriations: Heaton, Chair; Roberts and T. Taylor.
House File 432 Reassigned
Appropriations: Jacobs, Chair; Bell and Roberts.
House File 477 Reassigned
Appropriations: Dolecheck, Chair; Mascher and Roberts.
House File 479 Reassigned
Appropriations: Dolecheck, Chair; Mascher and Roberts.
House File 584 Reassigned
Appropriations: Drake, Chair; Hatch and Roberts.
House File 2003
State Government: Millage, Chair; Chiodo and Garman.
House File 2005
State Government: Jacobs, Chair; Elgin and T. Taylor.
House File 2008
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House File 2009
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House File 2010
State Government: Jacobs, Chair; Larkin and Metcalf.
House File 2025
State Government: Gipp, Chair; Elgin and Larkin.
House File 2028
State Government: Eichhorn, Chair; Connors and Cormack.
House File 2029
State Government: Eichhorn, Chair; Connors and Cormack.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 512
Judiciary: Baudler, Chair; Bell and Boddicker.
House Study Bill 515
Appropriations: Millage, Chair; Brunkhorst and Murphy.
House Study Bill 518
Education: Dolecheck, Chair; Finch and Mascher.
House Study Bill 519
Agriculture: Klemme, Chair; Huseman and Kuhn.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 520 Judiciary
Relating to protection from domestic abuse and including protections
for persons in an intimate relationship.
H.S.B. 521 Transportation
Relating to sentences of incarceration for third or subsequent
operating-while-intoxicated motor vehicle offenses.
H.S.B. 522 Transportation
Relating to condemnation of property by the state department of
transportation by exempting the department from early notice
requirements for certain highway projects and designating the
department director as the governing body for condemnation
purposes.
H.S.B. 523 Transportation
Relating to highways and motor vehicles, including provisions
relating to condemnation of property by the state department of
transportation, registration of motor vehicles, the issuance of driver's
licenses and nonoperator's identification cards, and permits for
oversize vehicles, and providing penalties and effective dates.
H.S.B. 524 Transportation
Relating to modal transportation, including changes in transit
coordination requirements, elimination of the Iowa railway finance
authority, and changes in the aircraft registration process.
H.S.B. 525 Education
Relating to the authority of the board of directors of a school district
to change the number of directors or the method of election of
directors following a federal decennial census.
H.S.B. 526 Transportation
Relating to restrictions on advertising devices placed along interstate
highways and providing a delayed effective date.
RESOLUTIONS FILED
HR 101, by committee on administration and rules, a resolution to
amend the permanent rules of the House of Representatives relating
to bill and amendment consideration deadlines and recognition to
address the chamber.
Placed on the calendar.
HR 102, by committee on administration and rules, a resolution to
amend the rules governing lobbyists in the House of Representatives.
Referred to committee on ethics.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation have been received and
are on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON ADMINISTRATION AND RULES
House Resolution 101, a resolution to amend the permanent rules of the House of
Representatives relating to bill and amendment consideration deadlines and
recognition to address the chamber.
Fiscal Note is not required.
Recommended Do Pass January 15, 2002.
House Resolution 102, a resolution to amend the rules governing lobbyists in the
House of Representatives.
Fiscal Note is not required.
Recommended Do Pass, January 15, 2002.
Pursuant to Rule 31.7, House Resolution 102 was referred to the
committee on ethics.
On motion by Rants of Woodbury the House adjourned at 2:34
p.m., until 8:45 a.m., Thursday, January 17, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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