House Journal: Thursday, January 31, 2002
JOURNAL OF THE HOUSE
Eighteenth Calendar Day - Twelfth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, January 31, 2002
The House met pursuant to adjournment at 8:47 a.m., Speaker
Siegrist in the chair.
Prayer was offered by the Honorable Carmine Boal, state
representative from Polk County.
The Journal of Wednesday, January 30, 2002 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Boddicker of Cedar, from one thousand nineteen constituents
favoring the legislature require resident elected clerks of court and at
least one resident district court judge in each county in Iowa, and
that the control of the county clerks office be returned to the county
as an elected and accountable official.
By Frevert of Palo Alto, from four hundred sixty-four constituents
opposing any legislative, executive, or governmental body, agency or
entity that would limit, restrict, remove or hinder the Department of
Human Services office in Kossuth County, Iowa.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Hatch of Polk on request of Kreiman of Davis; Huser of Polk on request of Myers of
Johnson.
INTRODUCTION OF BILLS
House File 2170, by committee on natural resources, a bill for an
act relating to the registration of hunting outfitters or hunting guides
and providing a penalty.
Read first time and placed on the calendar.
House File 2171, by Warnstadt, a bill for an act relating to
maintaining the confidentiality of persons reporting a crime.
Read first time and referred to committee on judiciary.
House File 2172, by Warnstadt, a bill for an act allocating
moneys to the Iowa Lewis and Clark bicentennial fund and providing
an effective date.
Read first time and referred to committee on appropriations.
House File 2173, by Mascher, a bill for an act providing for
research and training regarding the most efficient and effective uses
of technology funding in public schools.
Read first time and referred to committee on education.
House File 2174, by Elgin, a bill for an act requiring formation of
local government consolidation committees and amending certain
procedures for local government consolidation.
Read first time and referred to committee on local government.
House File 2175, by Quirk, a bill for an act eliminating the
restriction on the use of an all-terrain vehicle on public land without
a measurable snow cover.
Read first time and referred to committee on transportation.
House File 2176, by Osterhaus, a bill for an act relating to the
establishment of a continuing quality improvement program.
Read first time and referred to committee on human resources.
House File 2177, by Osterhaus, a bill for an act relating to the
establishment of a medical assistance preferred drug formulary
spending control program.
Read first time and referred to committee on human resources.
House File 2178, by Carroll, Fallon, Hoffman, Connors,
Grundberg, Reynolds, Raecker, Huser, Heaton, Tremmel, Tymeson,
Witt, Finch, Kuhn, Boddicker, Dotzler, Richardson, Chiodo, Sukup,
Hatch, Jochum, Johnson, Myers, Greimann, and Jenkins, a bill for an
act relating to state and local land management and planning, and
providing effective dates.
Read first time and referred to committee on local government.
House File 2179, by Winckler, Lensing, Stevens, Atteberry,
D. Taylor, Frevert, O'Brien, Mertz, Dotzler, Greimann, Bukta,
Richardson, Cohoon, Larkin, Myers, Mascher, and Smith, a bill for an
act relating to the student achievement and teacher quality program
by designating certain teachers as career II teachers.
Read first time and referred to committee on education.
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 30, 2002, adopted the following resolution in which the concurrence of the
Senate was asked:
House Concurrent Resolution 105, a concurrent resolution designating January 30,
2002, as Iowa Insurance Day.
Also: That the Senate has on January 30, 2002, passed the following bill in which
the concurrence of the House is asked:
Senate File 2057, a bill for an act relating to the designation of a Dr. Norman E.
Borlaug World Food Prize Day.
MICHAEL E. MARSHALL, Secretary
CONSIDERATION OF BILLS
Regular Calendar
House File 2138, 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, was taken up for consideration.
Gipp of Winneshiek in the chair at 9:06 a.m.
Dolecheck of Ringgold moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2138)
The ayes were, 90:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Fallon | Finch | Foege |
|
Frevert | Garman | Greimann | Grundberg |
|
Hahn | Hansen | Heaton | Horbach |
|
Hoversten | Huseman | Jacobs | Jenkins |
|
Jochum | Johnson | Jones | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Reynolds | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Smith | Taylor, D. |
|
Taylor, T. | Teig | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Gipp, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 10:
|
Chiodo | Ford | Hatch | Hoffman |
|
Huser | Mascher | O'Brien | Richardson |
|
Stevens | Sukup |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Ways and Means Calendar
House File 2116, a bill for an act 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, was taken up for
consideration.
Speaker Siegrist in the chair at 9:18 a.m.
Millage of Scott offered the following amendment H-8019 filed by
Millage, et al., and moved its adoption:
H-8019
1 Amend House File 2116 as follows:
2 1. Page 2, by inserting after line 7, the
3 following:
4 "Sec. 100. Section 422.8, subsection 5, Code 2001,
5 is amended to read as follows:
6 5. The director may, in accordance with the
7 provisions of this subsection, and when cost-
8 efficient, administratively feasible, and of mutual
9 benefit to both states, enter into reciprocal
10 agreements with tax administration agencies of other
11 states to further tax administration and eliminate
12 duplicate withholding by exempting from Iowa taxation
13 income earned from personal services in Iowa by
14 residents of another state, if the other state
15 provides a tax exemption for the same type of income
16 earned from personal services by Iowa residents in the
17 other state. For purposes of this subsection, "income
18 earned from personal services" means wages, salaries,
19 commissions, and tips, and earned income from other
20 sources. This subsection does not authorize the
21 department to withhold taxes on deferred compensation
22 payments, pension distributions, and annuity payments
23 when paid to a nonresident of the state of Iowa. All
24 the terms of the agreements shall be described in the
25 rules adopted by the department.
26 A reciprocal agreement entered into on or after the
27 effective date of this Act with a tax administration
28 agency of another state shall not take effect until
29 such agreement has been authorized by a constitutional
30 majority of each house of the general assembly and
31 approved by the governor. A reciprocal agreement in
32 effect on or after January 1, 2002, shall not be
33 terminated by the state of Iowa unless the termination
34 has been authorized by a constitutional majority of
35 each house of the general assembly and approved by the
36 governor. An amendment to an existing reciprocal
37 agreement does not constitute a new agreement."
38 2. Page 3, by inserting after line 22, the
39 following:
40 "Sec. 101. The termination provisions of section
41 100 of this Act apply retroactively to the termination
42 of reciprocal agreements in effect on or after January
43 1, 2002."
44 3. Title page, line 3, by inserting after the
45 word "sales," the following: "relating to reciprocal
46 income tax agreements with other states,".
47 4. By renumbering and correcting internal
48 references as necessary.
Amendment H-8019 was adopted.
RULE 31.8 SUSPENDED
Eichhorn of Hamilton asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments, for
the immediate consideration of amendment H-8020.
Eichhorn of Hamilton offered the following amendment H-8020
filed by him from the floor and moved its adoption:
H-8020
1 Amend House File 2116 as follows:
2 1. Page 1, line 28, by striking the figure "1,"
3 and inserting the following: "1 31,".
Amendment H-8020 was adopted.
Eichhorn of Hamilton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2116)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | Greimann | Grundberg | Hahn |
|
Hansen | Heaton | Horbach | Hoversten |
|
Huseman | Jacobs | Jenkins | Jochum |
|
Johnson | Jones | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Reynolds | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Sievers | Smith | Sukup | Taylor, D. |
|
Taylor, T. | Teig | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Mr. Speaker |
|
| Siegrist |
|
|
The nays were, none.
Absent or not voting, 6:
|
Hatch | Hoffman | Huser | O'Brien |
|
Richardson | Stevens |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2116 and 2138.
INTRODUCTION OF BILLS
House File 2180, by Shoultz, Witt, Kuhn, Osterhaus, Frevert,
Richardson, Winckler, Jochum, and Larkin, a bill for an act relating
to the classification as commercial property for property taxation of
certain animal feeding operation structures and including an
applicability date provision.
Read first time and referred to committee on agriculture.
House File 2181, by Richardson and Van Engelenhoven, a bill for
an act relating to optional private retention of inspectors when
inspections are required pursuant to building regulations applicable
in a governmental subdivision.
Read first time and referred to committee on state government.
House File 2182, by Baudler, Finch, Hoffman, Kettering,
Johnson, Eichhorn, Hoversten, Sukup, Carroll, Teig, Broers, Siegrist,
Gipp, Horbach, and Tymeson, a bill for an act requiring the state
board of regents to adopt rules directing its institutions of higher
learning to waive certain tuition charges for the children of police
officers, fire fighters, sheriffs, deputies, volunteer emergency services
providers, and individuals in protection occupations killed in the line
of duty.
Read first time and referred to committee on education.
House File 2183, by committee on education, a bill for an act
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, and providing an effective date.
Read first time and placed on the calendar.
House File 2184, by committee on education, 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 ways and means.
SENATE MESSAGE CONSIDERED
Senate File 2057, by Iverson, a bill for an act relating to the
designation of a Dr. Norman E. Borlaug World Food Prize Day.
Read first time and passed on file.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on January 31,
2002. Had I been present, I would have voted "aye" on House Files
2116 and 2138.
HOFFMAN of Crawford
COMMUNICATIONS RECEIVED
The following communications were received and filed in the office
of the Chief Clerk:
BOARD OF REGENTS
The annual report for the beginning farmer center, pursuant to Chapter 266.39E,
Code of Iowa.
DEPARTMENT OF MANAGEMENT
The annual status report of the task force study on the utility property tax
replacement program, pursuant to Chapter 437A.15(7), 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\162 Henrietta Shipp, Evansdale - For celebrating her 85th birthday.
2002\163 Bill and Darlys Varner, Waterloo - For celebrating their 50th
wedding anniversary.
2002\164 Max Brodie, Waterloo - For celebrating his 80th birthday.
2002\165 LelaMae Schladetzky, Waterloo - For celebrating her 85th birthday.
2002\166 Marika Estrada, Keokuk - For becoming a member of the Colts
Drum and Bugle Corps of Dubuque.
2002\167 Bobbi Rose, Keokuk - For being selected a Rotary Student leader for
Keokuk High School.
2002\168 Carl Maerz, Keokuk - For being selected a Rotary Student leader
for Keokuk High School.
2002\169 Nathan Beaird, Keokuk - For winning the DAR Good Citizen
Award.
2002\170 Sharon Yoder, Donnellson - For winning the DAR Good Citizen
Award.
2002\171 Adam Pieper, Fort Madison - For winning the DAR Good Citizen
Award.
2002\172 Luke Alberts, Keokuk - For winning the DAR Good Citizen Award.
2002\173 Nold Cartmill, Fort Madison - For winning the DAR Good Citizen
Award.
2002\174 Judy Hines, Ankeny - For being elected 2001 Ankeny Chamber of
Commerce "Outstanding Citizen of the Year".
2002\175 Carl Moyer, Ankeny - For being elected 2001 Ankeny Chamber of
Commerce "Small Business Person of the Year".
2002\176 Justin Winkel, Cedar Rapids - For being naturalized as a citizen of
the United States.
SUBCOMMITTEE ASSIGNMENTS
House File 2065
Natural Resources: Alons, Chair; Brauns and Richardson.
House File 2119
Human Resources: Hoversten, Chair; Carroll and Kreiman.
House File 2140
Local Government: Sievers, Chair; Arnold and Huser.
House File 2152
State Government: Metcalf, Chair; Brauns and Larkin.
House File 2159
Local Government: Dix, Chair; Eddie and Huser.
House File 2168
Education: Boal, Chair; Eddie and Foege.
House File 2169
Local Government: Carroll, Chair; Connors and Klemme.
House File 2173
Education: Brunkhorst, Chair; Mascher and Tymeson.
House File 2179
Education: Carroll, Chair; Grundberg and Wise.
House File 2181
State Government: Van Engelenhoven, Chair; Gipp and T. Taylor.
Senate File 429 Reassigned
Commerce and Regulation: Dix, Chair; Jenkins, Metcalf, Quirk and Wise.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 528
Judiciary: Shey, Chair; Kreiman and Raecker.
House Study Bill 543
Judiciary: Shey, Chair; Kreiman and Raecker.
House Study Bill 544
Judiciary: Millage, Chair; Baudler, Kreiman, Larson and Tremmel.
House Study Bill 547
Judiciary: Shey, Chair; Larson and Tremmel.
House Study Bill 548
Judiciary: Kettering, Chair; Chiodo and Wilderdyke.
House Study Bill 549
Judiciary: Eichhorn, Chair; Kreiman and Shey.
House Study Bill 566
Judiciary: Raecker, Chair; Shoultz and Wilderdyke.
House Study Bill 567
Judiciary: Raecker, Chair; Ford and Sukup.
House Study Bill 568
Judiciary: Baudler, Chair; Kettering and Kreiman.
House Study Bill 569
Judiciary: Kettering, Chair; Broers and Kreiman.
House Study Bill 571
Judiciary: Boddicker, Chair; Chiodo and Grundberg.
House Study Bill 572
Judiciary: Raecker, Chair; Kreiman and Shey.
House Study Bill 573
Judiciary: Millage, Chair; Kreiman and Shey.
House Study Bill 574
Judiciary: Raecker, Chair; Jochum and Sukup.
House Study Bill 578
Judiciary: Wilderdyke, Chair; Eichhorn and Tremmel.
House Study Bill 579
Judiciary: Kettering, Chair; Broers and Ford.
House Study Bill 580
Judiciary: Shey, Chair; Eichhorn and Tremmel.
House Study Bill 581
Judiciary: Baudler, Chair; Grundberg and Shoultz.
House Study Bill 582
Judiciary: Grundberg, Chair; Eichhorn and Kreiman.
House Study Bill 583
Judiciary: Broers, Chair; Bell and Grundberg.
House Study Bill 584
Judiciary: Shey, Chair; Kreiman and Raecker.
House Study Bill 585
Judiciary: Raecker, Chair; Kreiman and Shey.
House Study Bill 586
Judiciary: Eichhorn, Chair, Shey and Tremmel.
House Study Bill 587
Judiciary: Eichhorn, Chair; Baudler and Tremmel.
House Study Bill 588
Human Resources: Boddicker, Chair; Hoversten and Smith.
House Study Bill 589
Education: Boal, Chair; Dolecheck and Mascher.
House Study Bill 590
Environmental Protection: Kettering, Chair; Drake and Stevens.
House Study Bill 591
Education: Brunkhorst, Chair; Finch and Foege.
House Study Bill 592
Human Resources: Brunkhorst, Chair; Foege and Tymeson.
House Study Bill 593
Labor and Industrial Relations: Grundberg, Chair; Hansen and D. Taylor.
House Study Bill 594
Labor and Industrial Relations: Hoffman, Chair; Dotzler and Wilderdyke.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 595 Transportation
Authorizing all counties not served by a permanent state department
of transportation facility to issue driver's licenses, nonoperator
identification cards, and persons with disabilities identification
devices under certain conditions.
H.S.B. 596 Human Resources
Relating to the offices of the state and county medical examiners,
establishing fees, and making penalties applicable.
H.S.B. 597 Human Resources
Providing for a well-being visit to be conducted on an optional basis
under a family investment program limited benefit plan and
providing an effective date.
H.S.B. 598 Human Resources
Relating to the department of elder affairs including provisions
relating to the elder Iowans Act, elder family homes, elder group
homes, and assisted living programs.
H.S.B. 599 Labor and Industrial Relations
Concerning workers' compensation.
H.S.B. 600 Natural Resources
Relating to the operation, regulation, and equipment of watercraft,
establishing watercraft safety courses, and subjecting violators to a
penalty.
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 COMMERCE AND REGULATION
Committee Bill (Formerly House Study Bill 517), relating to the transfer of
certain deposit and investment accounts upon the death of the decedent.
Fiscal Note is not required.
Recommended Amend and Do Pass January 31, 2002.
COMMITTEE ON EDUCATION
Committee Bill (Formerly House File 2064), providing for utilization of physical
plant and equipment levy revenue for technology expenditures.
Fiscal Note is not required.
Recommended Amend and Do Pass January 30, 2002.
Committee Bill (Formerly House Study Bill 525), 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.
Fiscal Note is not required.
Recommended Amend and Do Pass January 30, 2002.
COMMITTEE ON HUMAN RESOURCES
Committee Bill (Formerly House File 2031), relating to the procedural
requirements for foreign and international adoption, providing for applicability, and
providing an effective date.
Fiscal Note is not required.
Recommended Do Pass January 31, 2002.
Committee Bill (Formerly House File 2120), relating to the establishment of a
state agency work group to develop an interstate prescription drug purchasing
cooperative.
Fiscal Note is not required.
Recommended Do Pass January 31, 2002.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House File 2037), relating to notarial acts by judicial
officers.
Fiscal Note is not required.
Recommended Do Pass January 31, 2002.
Committee Bill (Formerly House File 2077), requiring all felons to submit a
physical specimen for DNA profiling.
Fiscal Note is not required.
Recommended Amend and Do Pass January 31, 2002.
COMMITTEE ON TRANSPORTATION
Committee Bill (Formerly House Study Bill 524), relating to modal
transportation, including changes in transit coordination requirements, elimination of
the Iowa railway finance authority, and changes in the aircraft registration process.
Fiscal Note is not required.
Recommended Amend and Do Pass January 31, 2002.
RESOLUTION FILED
HCR 109, by committee on agriculture, a concurrent resolution
urging the United States Congress provide funding for the
modernization of lock and dam infrastructure on the Upper
Mississippi and Illinois Rivers Inland Waterways Transportation
System.
Laid over under Rule 25.
AMENDMENT FILED
H-8021 H.F. 2135 Wise of Lee
On motion by Rants of Woodbury the House adjourned at 10:05
a.m., until 9:00 a.m., Friday, February 1, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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