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House Journal: Monday, January 28, 2002

JOURNAL OF THE HOUSE

Fifteenth Calendar Day - Ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, January 28, 2002

The House met pursuant to adjournment at 1:02 p.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Betsey Sue Neipert, pastor of
Nichols United Methodist Parish, Nichols. She was the guest of
Representative Barry Brauns of Muscatine County.

The Journal of Thursday, January 18, 2002 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by House Page and Eagle Scout,
Christopher Skoog of Denison.

INTRODUCTION OF BILLS

House File 2119, by Alons, Garman, Klemme, Manternach,
De Boef, Rayhons, Brauns, Baudler, and Hoffman, a bill for an act
prohibiting destructive human embryo research and providing
penalties.

Read first time and referred to committee on human resources.

House File 2120, by Murphy, a bill for an act relating to the
establishment of a state agency work group to develop an interstate
prescription drug purchasing cooperative.

Read first time and referred to committee on human resources.

House File 2121, by Frevert, a bill for an act providing for
phosphorus use levels in calculations required to determine the
application of manure in manure management plans, and making
penalties applicable.

Read first time and referred to committee on agriculture.

House File 2122, by Shey, a bill for an act concerning
examination of information about closed sessions of a governmental
body by members of the governmental body.

Read first time and referred to committee on state government.

House File 2123, by Lensing, a bill for an act relating to child
restraint systems and imposing penalties.

Read first time and referred to committee on transportation.

House File 2124, by Fallon, a bill for an act relating to the
operation and regulation of watercraft, establishing watercraft safety
courses, and subjecting violators to a penalty.

Read first time and referred to committee on natural resources.

House File 2125, by Shey, a bill for an act relating to the use of
wheelchair lifts and residential elevators in churches and houses of
worship.

Read first time and referred to committee on labor and
industrial relations.

House File 2126, by Hahn, a bill for an act relating to analyzing
the confinement and detention needs of jails, and other local or
regional confinement facilities, prohibiting certain financial interests
in the construction of a jail or facility, and providing an effective date.

Read first time and referred to committee on judiciary.

House File 2127, by Brunkhorst, a bill for an act prohibiting dogs
and cats from running at large and making a penalty applicable.

Read first time and referred to committee on local government.

House File 2128, by Shoultz, a bill for an act relating to smoking
regulations relative to an alcoholic beverages bar or bar area within a
public place.

Read first time and referred to committee on human resources.


House File 2129, by Witt, Stevens, Fallon, Huser, Smith, Dotzler,
Frevert, Kuhn, Petersen, Richardson, Reynolds, Mertz, Warnstadt,
Myers, Mascher, Bukta, Foege, Greimann, Quirk, Cohoon, Larkin,
Bell, Shoultz, Osterhaus, Lensing, Winckler, T. Taylor, May, Jochum,
Hatch, and Connors, a bill for an act providing for environmental
protection, including by providing for a system of risk-based analysis
and financial incentives, and making penalties applicable.

Read first time and referred to committee on environmental
protection.

House File 2130, by Atteberry, a bill for an act relating to
negotiated fees for easement agreements between pipeline companies
and landowners.

Read first time and referred to committee on commerce and
regulation.

House File 2131, by Huser, a bill for an act relating to the tax
rate on the adjusted gross receipts from gambling games at pari-
mutuel racetracks and providing effective and retroactive
applicability dates.

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

House File 2132, by Ford, a bill for an act relating to the use of
moneys deposited in the senior living trust fund.

Read first time and referred to committee on appropriations.

House File 2133, by Ford, a bill for an act relating to the effect of
an unrevoked document of gift under the uniform anatomical gift Act.

Read first time and referred to committee on human resources.

House File 2134, by Ford, a bill for an act to increase the criminal
penalties for an assault on members of certain occupations.

Read first time and referred to committee on judiciary.


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 24, 2002, amended and passed the following bill in which the concurrence of
the House is asked:

House File 2078, 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.

Also: That the Senate has on January 24, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2018, a bill for an act relating to the number of days of payment for
expenses of office for members of the general assembly for the 2002 Regular Session of
the Seventy-ninth General Assembly.

MICHAEL E. MARSHALL, Secretary

SUPPLEMENTAL REPORT OF THE
COMMITTEE ON CREDENTIALS

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

CERTIFICATION

STATE OF IOWA
Office of
THE SECRETARY OF STATE

To the Honorable, Clerk of the House of Representatives:

I, CHESTER J. CULVER, Secretary of the State of Iowa, custodian of the files and
records pertaining to the elections in the state, do hereby certify that the State
Canvassing Board has declared that a special election held on January 22, 2002, Jackie
Reeder was elected to fill a vacancy in the office of State Representative of the Twenty-
eighth District, for the balance of the term that began on January 2, 2001.


(Seal) IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the official seal of the
Secretary of State at the Statehouse, in Des
Moines, this Twenty-eighth day of January,
2002.

CHESTER J. CULVER, Secretary of State

I hereby acknowledge receipt of the original copy of this document on the Twenty-
eighth day of January, 2002.

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

Metcalf of Polk moved that the report of the committee on
credentials be adopted.

The motion prevailed and the report was adopted.

The following oath of office was administered to Representative-
elect Reeder on January 28, 2002 by the Chief Clerk.

OATH OF OFFICE

"I do solemnly swear or affirm that I will support the Constitution of the United
States and the Constitution of the State of Iowa and that I will faithfully and
impartially discharge the duties of the office of Representative in the General
Assembly of the State of Iowa according to the best of my ability, so help me God."

JACKIE REEDER

The Speaker appointed Atteberry of Delaware and De Boef of
Mahaska to escort Representative Reeder to her seat.

SPECIAL PRESENTATION

Elgin of Linn introduced to the House, Dick Grodt, an Iowa artist
whose work is currently displayed on the main floor of the rotunda.
Mr. Grodt created the symbol for the state of Iowa.

The House rose and expressed its welcome.

On motion by Rants of Woodbury, the House was recessed at 1:17
p.m., until 4:00 p.m.


AFTERNOON SESSION

The House reconvened at 4:03 p.m., Gipp of Winneshiek in the
chair.

INTRODUCTION OF BILLS

House Joint Resolution 2003, by Tyrrell, a joint resolution
requesting the proposal of an amendment to the Constitution of the
United States restricting the ability of the federal judiciary to
mandate any state or subdivision of any state to levy or increase
taxes.

Read first time and referred to committee on state government.

House File 2135, by committee on local government, a bill for an
act relating to the membership of the planning and zoning
commission in certain cities.

Read first time and placed on the calendar.

House File 2136, by Hoversten, a bill for an act exempting
community action agencies from state sales and use taxes.

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

House File 2137, by Horbach, a bill for an act relating to property
taxation of certain lands leased to others by the department of
corrections or department of human services and providing for the
Act's applicability.

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

House File 2138, by committee on education, 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 placed on the calendar.


SENATE MESSAGE CONSIDERED

Senate File 2018, by committee on rules and administration, a
bill for an act relating to the number of days of payment for expenses
of office for members of the general assembly for the 2002 Regular
Session of the Seventy-ninth General Assembly.

Read first time and referred to committee on administration and
rules.

The House stood at ease at 4:06 p.m., until the fall of the gavel.

The House resumed session at 4:47 p.m., Speaker Siegrist in the
chair.

COMMUNICATIONS RECEIVED

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

DEPARTMENT OF EDUCATION

The 1999-2000 School Year Phase III Summary Report, pursuant to Chapter 294A,
Code of Iowa.

DEPARTMENT OF TRANSPORTATION

An Annual Report certifying the identified savings associated with the state
agency’s use of the Iowa Communications Network, 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\101 Roland Brasch, Waterloo - For celebrating his 90th birthday.

2002\102 Mary Blunt, Waterloo - For celebrating her 85th birthday.

2002\103 Anna Mae Hinton, Waterloo - For celebrating her 95th birthday.


2002\104 Bethel Swartz, Waterloo - For celebrating her 80th birthday.

2002\105 Mr. and Mrs. Richard Lown, Waterloo - For celebrating their 60th
wedding anniversary.

2002/106 Hazel Anders, Waterloo - For celebrating her 85th birthday.

2002/107 Colin Pearson, Barnum - For being an Iowa Energy Center Contest
Winner.

2002/108 Scott Skophammer, Fort Dodge - For being an Iowa Energy Center
Contest Winner.

2002/109 Lauren Mitchell, Fort Dodge - For being an Iowa Energy Center
Contest Winner.

2002\110 Herb Richter, Marshalltown - For celebrating his 100th birthday.

2002\111 Ann Elliot, Marshalltown - For celebrating her 82nd birthday.

2002\112 Leona Fiscus, Marshalltown - For celebrating her 84th birthday.

2002\113 Bonnie Bonner, Marshalltown - For celebrating her 98th birthday.

2002\114 Edna Lindbloom, Marshalltown - For celebrating her 99th birthday.

2002\115 Mabel Vauthrin, Marshalltown - For celebrating her 96th birthday.

2002\116 Harriet Olsen, Marshalltown - For celebrating her 94th birthday.

2002\117 Burton Houseman, Marshalltown - For celebrating his 93rd
birthday.

2002\118 Alida Lacey, Marshalltown - For celebrating her 92nd birthday.

2002\119 Martin Fritz, Marshalltown - For celebrating his 92nd birthday.

2002\120 Virginia Prazak, Marshalltown - For celebrating her 92nd birthday.

2002\121 Cletus Neuroth, Marshalltown - For celebrating his 97th birthday.

2002\122 Jean Cooper, Marshalltown - For celebrating her 80th birthday.

2002\123 Blanche McKinstry, Marshalltown - For celebrating her 81st
birthday.

2002\124 Robert King, Marshalltown - For celebrating his 82nd birthday.

2002\125 Donia Wilson, Marshalltown - For celebrating her 82nd birthday.

2002\126 Dorothy Buffington, Marshalltown - For celebrating her 84th
birthday.

2002\127 Elmer Goecke, Marshalltown - For celebrating his 87th birthday.

2002\128 Lula Hauser, Marshalltown - For celebrating her 101st birthday.

2002\129 Erwin Hass, Marshalltown - For celebrating his 88th birthday.

2002\130 Velma Mason, Marshalltown - For celebrating her 80th birthday.

2002\131 Emmett and Mildred Ryan, Marshalltown - For celebrating their
64th wedding anniversary.

2002\132 Janet and Ed Mead, Marshalltown - For celebrating their 50th
wedding anniversary.

2002\133 Luella Jacobs, Traer - For celebrating her 95th birthday.

2002\134 Hilda Harder, Dysart - For celebrating her 90th birthday.

2002\135 Emma Cecak, Toledo - For celebrating her 90th birthday.

2002\136 Mary Jane Ferguson, McGregor - For winning the EMT of the Year
Award and her 33 years of service with the Rescue Squad.

SUBCOMMITTEE ASSIGNMENTS

House Joint Resolution 2002

Labor and Industrial Relations: Wilderdyke, Chair; Raecker and T. Taylor.

House File 2033

Natural Resources: Alons, Chair; May and Weidman.

House File 2105

State Government: Jacobs, Chair; Eichhorn and Jochum.

House File 2109

State Government: Brauns, Chair; Larkin and Van Engelenhoven.

House File 2115

State Government: Brauns, Chair; Larkin and Van Engelenhoven.

House File 2117

Labor and Industrial Relations: Metcalf, Chair; Hansen and Jochum.


HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 546

Labor and Industrial Relations: Dolecheck, Chair; Smith and Wilderdyke.

House Study Bill 550

Agriculture: Teig, Chair; Frevert and Klemme.

House Study Bill 551

Commerce and Regulation: Hoffman, Chair; Jacobs and Warnstadt.

House Study Bill 552

Commerce and Regulation: Shey, Chair; Johnson and Quirk.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 553 Agriculture

Relating to the designation of a Dr. Norman E. Borlaug World Food
Prize Day.

H.S.B. 554 State Government

Relating to membership on election boards.

H.S.B. 555 State Government

Relating to the department of public defense by amending the state
military code and the Iowa code of military justice, creating a
statewide mutual aid compact, providing for the confidentiality of
certain records, exempting the department of public defense from
certain state service contract requirements and state competitive
bidding requirements, exempting the Iowa technology center from
anticompetition provisions, increasing a standing appropriation,
providing criminal penalties for violations, and providing effective
dates.


H.S.B. 556 State Government

Relating to the office of secretary of state and the conduct of elections,
and voter registration in the state and providing effective and
applicability dates.

H.S.B. 557 State Government

Relating to campaign finance, including a reporting threshold for
filing organizational committee statements, providing for the filing of
reports with the Iowa ethics and campaign disclosure board,
providing a document retention period, and relating to certain
signature requirements.

H.S.B. 558 Appropriations

Appropriating federal funds made available from federal block grants
and other federal grants, allocating portions of federal block grants,
and providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated.

H.S.B. 559 Local Government

Relating to the preparation and filing of an assessment schedule for
abatement of a nuisance by a city.

H.S.B. 560 Local Government

Relating to the administrative procedures of certain county officers
for the assessment and collection of property taxes on separately
owned land and improvements.

H.S.B. 561 Local Government

Providing for fees established by county boards of supervisors
relating to responses by filing offices for requests involving secured
transactions.


COMMITTEE RECOMMENDATIONS

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 AGRICULTURE

Committee Bill (Formerly House Study Bill 553), relating to the designation of a
Dr. Norman E. Borlaug World Food Prize Day.

Fiscal Note is not required.

Recommended Do Pass January 28, 2002.

COMMITTEE ON EDUCATION

Committee Bill (Formerly House File 2013), 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.

Fiscal Note is not required.

Recommended Do Pass January 28, 2002.

Committee Bill (Formerly House File 2053), to increase the maximum amount of
a vocational-technical tuition grant.

Fiscal Note is not required.

Recommended Do Pass January 28, 2002.

Committee Bill (Formerly House Study Bill 503), adding certain information
concerning school or educational institution security or emergency preparedness to the
list of public records kept confidential.

Fiscal Note is not required.

Recommended Amend and Do Pass January 28, 2002.

COMMITTEE ON LOCAL GOVERNMENT

Committee Bill (Formerly House File 2023), relating to the membership of the
planning and zoning commission in certain cities.


Fiscal Note is not required.

Recommended Amend and Do Pass January 24, 2002.

COMMITTEE ON STATE GOVERNMENT

Committee Bill (Formerly House File 2028), relating to the performance of honor
guard services on public property by members of a reserve officer training corps.

Fiscal Note is not required.

Recommended Do Pass January 23, 2002.

RESOLUTIONS FILED

HCR 106, by Ford, a concurrent resolution to request that the
Legislative Council establish an interim committee to study issues
relating to water quality.

Laid over under Rule 25

HCR 107, by Horbach, a concurrent resolution honoring the Iowa Big
Brothers Big Sisters Association during the week beginning March
25, 2002.

Laid over under Rule 25

AMENDMENTS FILED

H-8012 H.F. 2078 Senate Amendment
H-8013 H.F. 2078 Kreiman of Davis
H-8014 H.F. 2078 Grundberg of Polk
H-8015 H.F. 2112 Baudler of Adair
Kreiman of Davis
H-8016 H.F. 2078 Richardson of Warren

On motion by Rants of Woodbury the House adjourned at 5:00
p.m., until 8:45 a.m., Tuesday, January 29, 2002.


Previous Day: Thursday, January 24Next Day: Tuesday, January 29
Senate Journal: Index House Journal: Index
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