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House Journal: Thursday, January 17, 2002

JOURNAL OF THE HOUSE

Fourth Calendar Day - Fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, January 17, 2002

The House met pursuant to adjournment at 8:55 a.m., Speaker
Siegrist in the chair.

Prayer was offered by the Honorable Dolores Mertz, state
representative from Kossuth County. She was the guest of
Representative Dick Myers of Johnson County.

The Journal of Wednesday, January 16, 2002 was approved.

INTRODUCTION OF BILLS

House File 2064, by Drake, a bill for an act providing for
utilization of physical plant and equipment levy revenue for
technology expenditures.

Read first time and referred to committee on education.

House File 2065, by Boal, a bill for an act relating to resident
license fees for hunting, fishing, trapping and related activities for
members of the armed forces of the United States.

Read first time and referred to committee on natural resources.

House File 2066, by Richardson, a bill for an act concerning the
manner of filing state department or agency reports with the general
assembly.

Read first time and referred to committee on state government.

House File 2067, by Tyrrell, a bill for an act relating to the
acceptance of voluntary goods and services for the construction and
maintenance of parks and recreational facilities under the
jurisdiction of a county conservation board.

Read first time and referred to committee on natural resources.

House File 2068, by Richardson, a bill for an act relating to
assessment of certain vineyards for purposes of property taxation and
providing a retroactive applicability date.

Read first time and referred to committee on ways and means.

House File 2069, by Wise, a bill for an act relating to
reemployment of Iowa public employees' retirement system retirees.

Read first time and referred to committee on state government.

House File 2070, by Carroll, a bill for an act relating to the
registration and operation of low-speed vehicles on the highways of
this state.

Read first time and referred to committee on transportation.

House File 2071, by Atteberry, Reynolds, Smith, Greimann,
Kreiman, Connors, Stevens, Bukta, Larkin, Hoffman, Winckler, and
Bradley, a bill for an act relating to foreign and international
adoption requirements.

Read first time and referred to committee on human resources.

House File 2072, by Jenkins and Klemme, a bill for an act
relating to a park user permit system for state lands under the
jurisdiction of the natural resource commission, providing for permit
fees and a writing fee, providing civil and criminal penalties, and
providing effective and applicability dates.

Read first time and referred to committee on natural resources.

House File 2073, by Frevert, a bill for an act relating to property
tax exemptions for pollution-control or recycling property associated
with the maintenance of livestock.

Read first time and referred to committee on agriculture.

House File 2074, by Atteberry, a bill for an act relating to
consideration of certain factors in the awarding of custody of children.


Read first time and referred to committee on human resources.

On motion by Rants of Woodbury, the House was recessed at 9:03
a.m., until 2:00 p.m.

AFTERNOON SESSION

The House reconvened at 2:03 p.m., Speaker Siegrist in the chair.

INTRODUCTION OF BILLS

House File 2075, by committee on appropriations, a bill for an act
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.

Read first time and placed on the appropriations calendar.

House File 2076, by Kettering, a bill for an act relating to the
designation of open water refuges for, and the protection of,
migratory and wild birds and subjecting violators to a penalty.

Read first time and referred to committee on natural resources.

House File 2077, by Millage, a bill for an act requiring all felons
to submit a physical specimen for DNA profiling.

Read first time and referred to committee on judiciary.

House File 2078, by committee on ways and means, a bill for an
act 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 placed on the ways and means calendar.

House File 2079, by committee on ways and means, a bill for an
act 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.

Read first time and placed on the ways and means calendar.

House File 2080, by Cormack, a bill for an act prohibiting a
school district or accredited nonpublic school from spending state
moneys to pay membership dues or fees to more than one athletic
organization.

Read first time and referred to committee on education.

House File 2081, by committee on ways and means, a bill for an
act 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.

Read first time and placed on the ways and means calendar.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
January 17, 2002, adopted the following resolution in which the concurrence of the
Senate was asked:

House Concurrent Resolution 104, a concurrent resolution amending the
compensation resolution for employees of the Seventy-ninth General Assembly.

Also: That the Senate has on January 17, 2002, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 101, a concurrent resolution to amend Joint Rule 20
of the joint rules of the senate and the house.

MICHAEL E. MARSHALL, Secretary

The House stood at ease at 2:08 p.m., until the fall of the gavel.

The House resumed session at 3:14 p.m., Dix of Butler in the chair.

Speaker Siegrist in the chair at 3:16 p.m.


QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-four members present, thirty-
six absent.

ADOPTION OF HOUSE RESOLUTION 101

Carroll of Poweshiek called up for consideration House Resolution
101 as follows:

1 HOUSE RESOLUTION 101
2 BY COMMITTEE ON ADMINISTRATION AND RULES
3 A Resolution to amend the permanent rules of the House
4 of Representatives relating to bill and amendment
5 consideration deadlines and recognition to address
6 the chamber.
7 Be It Resolved By The House Of Representatives,
8 That rule 10 of the permanent rules of the House of
9 Representatives for the Seventy-ninth General
10 Assembly, is amended to read as follows:
11 Rule 10
12 Recognition and Decorum in Debate
13 A member who wishes to speak in debate or deliver
14 any matter to the house shall be appropriately
15 attired, with male members wearing coat or tie, shall
16 raise the microphone and, after recognition by the
17 chair, shall respectfully address the presiding
18 officer by saying "Mr. or Madam Speaker", shall
19 confine all remarks to the question under debate, and
20 shall avoid personalities.
21 Be It Further Resolved By The House Of
22 Representatives, That rule 29, unnumbered paragraph 2,
23 of the permanent rules of the House of Representatives
24 for the Seventy-ninth General Assembly, is amended to
25 read as follows:
26 After adjournment of the first regular session,
27 bills may be prefiled at any time before the convening
28 of the second regular session. No bill or joint
29 resolution under individual sponsorship, other than a
30 nullification resolution, shall be read for the first

Page 2

1 time after 4:30 p.m. on Friday of the 2nd first week
2 of the second regular session of the general assembly
3 unless a written request for drafting the bill has
4 been filed with the legislative service bureau before
5 that time.

6 Be It Further Resolved By The House Of
7 Representatives, That rule 31.8, of the permanent
8 rules of the House of Representatives for the Seventy-
9 ninth General Assembly, is amended to read as follows:
10 31.8. No amendment to the rules of the house, to
11 any resolution or bill, except technical amendments
12 and amendments to bills substituted for by senate
13 files containing substantially identical title,
14 language, subject matter, purpose and intrasectional
15 arrangement, shall be considered by the membership of
16 the house without a copy of the amendment having been
17 filed with the chief clerk by 4:00 p.m. or within one-
18 half hour of adjournment, whichever is later, on the
19 day preceding floor debate on the amendment. If the
20 house adjourns prior to 2:00 p.m. on Friday, the final
21 deadline is two hours after adjournment. However,
22 committee amendments filed pursuant to the submission
23 of the committee report may be accepted after this
24 deadline. This provision shall not apply to any
25 proposal debated on the floor of the house after the
26 fourteenth week of the first session and the twelfth
27 tenth week of the second session. No amendment or
28 amendment to an amendment to a bill, rule of the
29 house, or resolution shall be considered by the
30 membership of the house without a copy of the

Page 3

1 amendment being on the desks of the entire membership
2 of the house prior to consideration.

RULE 31.8 SUSPENDED

Fallon of Polk asked and received unanimous consent to suspend
Rule 31.8, relating to the timely filing of amendments, for the
immediate consideration of amendment H-8002.

Fallon of Polk offered the following amendment H-8002 filed by
him from the floor and moved its adoption:

H-8002

1 Amend House Resolution 101 as follows:
2 1. Page 1, line 7, by inserting after the word
3 "REPRESENTATIVES," the following: "That rule 4 of the
4 permanent rules of the House of Representatives for
5 the Seventy-ninth General Assembly, is amended by
6 adding the following new unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. All individuals,
8 including members and employees of the house, who

9 enter the capitol building on any occasion when the
10 metal detectors and X-ray scanners on the ground floor
11 of the capitol building are operational and who are
12 allowed to enter the chamber of the house or the house
13 galleries, shall first pass through one of the metal
14 detectors on the ground floor of the capitol building
15 and shall submit their parcels, briefcases, and other
16 containers to the security personnel for X-ray
17 scanning.
18 BE IT FURTHER RESOLVED BY THE HOUSE OF
19 REPRESENTATIVES,".

Amendment H-8002 lost.

Carroll of Poweshiek moved the adoption of House Resolution 101.
The motion prevailed and the resolution was adopted.

COMMUNICATIONS RECEIVED

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

DEPARTMENT OF NATURAL RESOURCES

A report regarding the results of the toxic cleanup day events for calendar year
2001 and the regional collection center program accomplishments in fiscal year 2001,
pursuant to Chapter 455F.8, Code of Iowa.

IOWA VETERANS HOME

The Annual Savings Report on ICN usage for fiscal year 2001, pursuant to Chapter
8D.10, 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\41 Devin Sieck, Fayette - For being named 2002 Pork Princess.

2002\42 Alexis Spain, Castalia - For being named 2002 Jr. Pork Princess.

2002\43 Anne Utsler, Winterset - For celebrating her 90th birthday.

2002\44 Gary and Jane Drake, Dexter - For celebrating their 50th wedding
anniversary.

2002\45 Leta Marie Gatrel, Indianola - For celebrating her 88th birthday.

2002\46 George and Darlene Taylor, Marshalltown - For celebrating their
58th wedding anniversary.

2002\47 Kathy McCarty, Ankeny - For achieving the National Board
Certification from the National Board for Professional Teaching
Standards.

2002\48 Jerry Card, Ankeny - For his retirement as Ankeny's Building and
Zoning Enforcement Officer.

2002\49 Elizabeth Durst, Mapleton - For celebrating her 100th birthday.

2002\50 Florence Larson, Manilla - For celebrating her 88th birthday.

2002\51 Wiladene Grell, Deloit - For celebrating her 80th birthday.

2002\52 Opal Korleski, Estherville - For celebrating her 90th birthday.

SUBCOMMITTEE ASSIGNMENTS

House File 193

State Government: Connors, Chair; Bradley and Millage.

House File 268

Transportation: Johnson, Chair; Klemme and Larkin.

House File 282 Reassigned

Human Resources: Brunkhorst, Chair; Foege and Wilderdyke.

House File 321

Natural Resources: Baudler, Chair; Arnold, Dotzler, O'Brien and Weidman.

House File 434

Transportation: Rayhons, Chair; Cohoon and Van Engelenhoven.

House File 453

Natural Resources: Rayhons, Chair; Rekow and Scherrman.

House File 559 Reassigned

Human Resources: De Boef, Chair; Atteberry and Wilderdyke.

House File 586

Transportation: Scherrman, Chair; Heaton and Van Engelenhoven.

House File 618

Natural Resources: Weidman, Chair; Baudler and Bell.

House File 638

Transportation: Van Engelenhoven, Chair; Klemme and Osterhaus.

House File 642

Natural Resources: Alons, Chair; Brauns and Frevert.

House File 651

Environmental Protection: Drake, Chair; Kettering and Stevens.

House File 729

Appropriations: Jacobs, Chair; Gipp and Mertz.

House File 2002

Commerce and Regulation: Johnson, Chair; Raecker and Warnstadt.

House File 2017

Appropriations: Dix, Chair; Gipp and Smith.

House File 2027

Natural Resources: Baudler, Chair; Bell and Rekow.

House File 2038

Transportation: Weidman, Chair; Arnold and Warnstadt.

House File 2044

State Government: Elgin, Chair; Connors, Gipp, Larkin and Metcalf.

House File 2047

State Government: Eichhorn, Chair; Cormack and Tremmel.


House File 2050

Environmental Protection: Brunkhorst, Chair; Finch and Greimann.

House File 2051

State Government: Eichhorn, Chair; Bradley, Brauns, Connors and Tremmel.

House File 2053

Education: Dolecheck, Chair; Sukup and Wise.

House File 2054

Transportation: Garman, Chair; Larkin and Weidman.

House File 2057

Education: Roberts, Chair; Bukta and Tymeson.

House File 2059

State Government: Elgin, Chair; Connors, Gipp, Larkin and Metcalf.

House File 2061

Education: Finch, Chair; Carroll and Greimann.

House File 2062

Education: Hansen, Chair; Lensing and Sievers.

House File 2064

Education: Brunkhorst, Chair; Broers and Stevens.

House File 2066

State Government: Cormack, Chair; Bradley and T. Taylor.

House File 2069

State Government: Elgin, Chair; Connors, Gipp, Larkin and Metcalf.

Senate File 165 Reassigned

Local Government: Alons, Chair; Fallon, Jones, Petersen and Sievers.

Senate File 437

Natural Resources: Rayhons, Chair; Rekow and Scherrman


Senate File 514 Reassigned

Ways and Means: Sievers, Chair; Kuhn, Richardson, Teig and Tymeson.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 501

Ways and Means: Sukup, Chair; Hoversten and Winckler.

House Study Bill 502

Ways and Means: Eichhorn, Chair; Richardson and Shey.

House Study Bill 504

Ways and Means: Sukup, Chair; Richardson and Tymeson.

House Study Bill 505

Ways and Means: Hoversten, Chair; Finch, Osterhaus, Sievers and Winckler.

House Study Bill 506

Ways and Means: Eichhorn, Chair; Huser and Tymeson.

House Study Bill 507

Ways and Means: Teig, Chair; Boal, Osterhaus, Shoultz and Sukup.

House Study Bill 509

Transportation: Eddie, Chair; Cohoon and Heaton.

House Study Bill 510

Commerce and Regulation: Hoffman, Chair; Kettering and Petersen.

House Study Bill 511

Judiciary: Shey, Chair; Eichhorn and Kreiman.

House Study Bill 516

Commerce and Regulation: Kettering, Chair; Johnson and Wise.

House Study Bill 517

Commerce and Regulation: Kettering, Chair; Johnson and Seng.


House Study Bill 521

Transportation: Eddie, Chair; Klemme and Quirk.

House Study Bill 522

Transportation: Manternach, Chair; Rekow and Scherrman.

House Study Bill 523

Transportation: Brauns, Chair; Arnold, Eddie, Huser and May.

House Study Bill 524

Transportation: Brauns, Chair; Arnold, Eddie, Huser and May.

House Study Bill 525

Education: Tymeson, Chair; Eddie and Stevens.

House Study Bill 526

Transportation: Garman, Chair; Arnold and Huser.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 527 Agriculture

Suspending requirements for the renewal of certifications by private
applicators, and providing an effective date.

H.S.B. 528 Judiciary

Providing for a .08 blood alcohol concentration limit for motor vehicle
operating-while-intoxicated offenses.

COMMITTEE RECOMMENDATIONS

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House


COMMITTEE ON APPROPRIATIONS

Committee Bill (Formerly House Study Bill 500), 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.

Fiscal Note is not required.

Recommended Do Pass January 16, 2002.

COMMITTEE ON JUDICIARY

Committee Bill (Formerly House Study Bill 512), requiring motor vehicle
operators to take certain precautions when passing stationary authorized emergency,
towing, recovery, and highway maintenance vehicles and providing a penalty.

Fiscal Note is not required.

Recommended Do Pass January 17, 2002.

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House Study Bill 501), 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.

Fiscal Note is not required.

Recommended Amend and Do Pass January 16, 2002.

Committee Bill (Formerly House Study Bill 502), establishing a small business
growth initiative by adjusting the allocation to Iowa of income earned by an S
corporation for purposes of the state individual income tax and including a retroactive
applicability date provision.

Fiscal Note is not required

Recommended Do Pass January 16, 2002.

Committee Bill (Formerly House Study Bill 507), 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.

Fiscal Note is not required.

Recommended Amend and Do Pass January 16, 2002.


RESOLUTION FILED

SCR 101, by committee on rules and administration, a concurrent
resolution to amend Joint Rule 20 of the joint rules of the senate and
house.

Referred to committee on administration and rules.

On motion by Rants of Woodbury the House adjourned at 3:27
p.m., until 9:30 a.m., Friday, January 18, 2002.


Previous Day: Wednesday, January 16Next Day: Friday, January 18
Senate Journal: Index House Journal: Index
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