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House Journal: Thursday, February 14, 2002

JOURNAL OF THE HOUSE

Thirty-second Calendar Day - Twenty-first Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 14, 2002

The House met pursuant to adjournment at 8:47 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Dan Parsch, pastor of Gloria Dei
Lutheran Church, Urbandale. He was the guest of Representative
Scott Raecker from Polk County.

The Journal of Wednesday, February 13, 2002 was approved.

PETITION FILED

The following petition was received and placed on file:

By Frevert of Palo Alto, from nine hundred sixty-six citizens
opposing the Board of Regents increase of tuition by 18.5% plus the
increase in student fees.

INTRODUCTION OF BILLS

House File 2333, by Heaton, a bill for an act providing for the
regulation of pharmacies utilizing an internet site or electronic mail,
and providing a penalty.

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

House File 2334, by Finch, Eichhorn, Alons, and Tymeson, a bill
for an act relating to the county commission of veteran affairs by
providing for its membership, compensation, and training, for the
appointment of officers and employees of the commission, and for the
powers and duties of the commission.

Read first time and referred to committee on local government.


House File 2335, by Foege, a bill for an act providing for a study
of mental health treatment in correctional settings.

Read first time and referred to committee on human resources.

House File 2336, by Dix, a bill for an act relating to a property
tax credit or rent constituting property taxes paid for military
veterans with a service-connected disability, and providing an
applicability date.

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

House File 2337, by Manternach, a bill for an act providing for
refunds of registration fees on unexpired special plates.

Read first time and referred to committee on transportation.

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
February 13, 2002, passed the following bill in which the concurrence of the House is
asked:

Senate File 2032, a bill for an act relating to the Iowa crime victim compensation
program.

Also: That the Senate has on February 13, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2121, a bill for an act relating to permitted and prohibited occupations
for certain child laborers involving motor vehicle cleaning, washing, and polishing, and
providing an effective date.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGE CONSIDERED

Senate File 2033, by Kibbie, a bill for an act relating to the
compensation of members of county commissions of veteran affairs.

Read first time and referred to committee on local government.


On motion by Rants of Woodbury, the House was recessed at 8:55
a.m., until 3:00 p.m.

AFTERNOON SESSION

The House reconvened at 3:13 p.m., Speaker Siegrist in the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Fallon of Polk, Ford of Polk and Winckler of Scott on request of Huser of Polk;
Larkin of Lee on request of Cohoon of Des Moines.

INTRODUCTION OF BILLS

House File 2338, by committee on judiciary, a bill for an act
relating to a person registering as a sex offender in a county where an
institution of higher education is located, and providing penalties.

Read first time and placed on the calendar.

House File 2339, by committee on judiciary, a bill for an act
relating to the filing of a supersedeas bond.

Read first time and placed on the calendar.

House File 2340, by committee on human resources, a bill for an
act 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.

Read first time and placed on the calendar.

House File 2341, by committee on commerce and regulation, a
bill for an act relating to electric transmission lines.

Read first time and placed on the calendar.

House File 2342, by committee on commerce and regulation, a
bill for an act relating to the reporting of the findings of health care
facility inspections.

Read first time and placed on the calendar.

House File 2343, by committee on natural resources, a bill for an
act relating to reciprocal nonresident pheasant hunting seasons with
the state of South Dakota.

Read first time and placed on the calendar.

House File 2344, by committee on labor and industrial relations,
a bill for an act relating to the retention of unemployment benefits
contested case hearing records.

Read first time and placed on the calendar.

House File 2345, by committee on judiciary, a bill for an act
authorizing the department of justice to administer the violence
against women program.

Read first time and placed on the calendar.

House File 2346, by Larkin and Osterhaus, a bill for an act
relating to the preferred drug formulary to be used by certain state
entities.

Read first time and referred to committee on human resources.

House File 2347, by Warnstadt, a bill for an act providing for the
offense of livestock torture, and providing a penalty.

Read first time and referred to committee on judiciary.

House File 2348, by Jochum, a bill for an act requiring reviews of
certain tax exemptions, deductions, and credits to determine if the
desired results have been achieved and including an effective date.

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

House File 2349, by Shey, Baudler, and Tremmel, a bill for an act
allowing any member of a duly organized state, county, or municipal
law enforcement unit from another state to carry weapons.


Read first time and referred to committee on judiciary.

House File 2350, by Raecker, a bill for an act encouraging school
districts to establish character education programs, and directing the
department of education to partner with local educational institutions
and agencies and nonprofit organizations in the design and
implementation of character education programs.

Read first time and referred to committee on education.

House File 2351, by Murphy, a bill for an act relating to the
creation of a center for economic development and trade program and
fund, including providing bonding authority to the treasurer of state
and making an appropriation.

Read first time and referred to committee on economic
development.

House File 2352, by Elgin and Shey, a bill for an act providing an
Iowa individual income tax checkoff for deposit in the free health
clinic fund, making an appropriation, and providing a retroactive
applicability date.

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

House File 2353, by Mascher, a bill for an act relating to the
operation, regulation, and equipment of watercraft, establishing
watercraft safety courses, and making penalties applicable.

Read first time and referred to committee on natural resources.

House File 2354, by Larson, a bill for an act providing for an
increase in the level of annual contributions to the Iowa educational
savings plan trust which are deductible for state income tax purposes,
and providing effective and retroactive applicability date provisions.

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

House File 2355, by Carroll, a bill for an act relating to county
eligibility for state payment of the allowed growth factor adjustment
for county mental health, mental retardation, and developmental

disabilities services, and including applicability and transition
provisions.

Read first time and referred to committee on local government.

House File 2356, by Jenkins, a bill for an act relating to the
kilowatt threshold for electric transmission line franchises, making
related changes, and providing an effective date.

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

House File 2357, by Larson, a bill for an act providing
modifications relating to the qualified state tuition program to
maintain consistency with federal law changes, and providing
effective and applicability dates.

Read first time and referred to committee on education.

House File 2358, by Warnstadt, Hoversten, and Foege, a bill for
an act implementing the federal Indian Child Welfare Act and
providing for civil liability and criminal penalties.

Read first time and referred to committee on human resources.

House File 2359, by Bell, a bill for an act relating to consent to
the name change of a minor child.

Read first time and referred to committee on judiciary.

House File 2360, by Shey, Baudler, and Tremmel, a bill for an act
creating a criminal offense for possession or distribution of anthrax,
and providing a penalty.

Read first time and referred to committee on judiciary.

SENATE MESSAGE CONSIDERED

Senate File 2032, by committee on judiciary, a bill for an act
relating to the Iowa crime victim compensation program.


Read first time and referred to committee on judiciary.

SPECIAL PRESENTATION

Rekow of Allamakee introduced to the House, wildlife artist Ed M.
Lawrence accompanied by his wife Chris from McGregor. He briefly
spoke about his portrait entitled "Determination" which is being sold
and the proceeds are donated to the Red Cross for "Operation:
Support Our Troops". He presented print number twenty-nine,
symbolizing Iowa being the twenty-ninth state admitted into the
union, to the Speaker of the House.

The House rose and expressed its welcome.

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 2271, a bill for an act creating a tax credit for
investments in qualifying businesses and community-based seed
capital funds and including effective and retroactive applicability
date provisions, was taken up for consideration.

Shoultz of Black Hawk offered the following amendment H-8049
filed by Shoultz, Jochum of Dubuque and Osterhaus of Jackson and
moved its adoption:

H-8049

1 Amend House File 2271 as follows:
2 1. Page 1, line 6, by striking the word "high-
3 skilled" and inserting the following: "high-paid".

Amendment H-8049 was adopted.

Teig of Hamilton offered amendment H-8052 filed by him as
follows:

H-8052

1 Amend House File 2271 as follows:
2 1. Page 1, by striking lines 23 through 26 and
3 inserting the following: "in a qualifying business or
4 a person making a cash investment in a community-based
5 seed capital fund. "Investor" does not include a
6 person which is an owner, member, or shareholder in a

7 qualified business."
8 2. By striking page 1, line 33, through page 2,
9 line 12, and inserting the following:
10 "1. a. For tax years beginning on or after
11 January 1, 2002, a tax credit shall be allowed against
12 the taxes imposed in chapter 422, division II, for a
13 portion of an individual taxpayer's equity investment,
14 as provided in subsection 2, in a qualified business.
15 An individual shall not claim a tax credit under this
16 paragraph of a partnership, limited liability company,
17 S corporation, estate, or trust electing to have
18 income taxed directly to the individual.
19 b. For tax years beginning on or after January 1,
20 2002, a tax credit shall be allowed against the taxes
21 imposed in chapter 422, divisions II, III, and V, and
22 in chapter 432, and against the moneys and credits tax
23 imposed in section 533.24, for a portion of a
24 taxpayer's equity investment, as provided in
25 subsection 2, in a community-based seed capital fund.
26 An individual may claim a tax credit under this
27 paragraph of a partnership, limited liability company,
28 S corporation, estate, or trust electing to have
29 income taxed directly to the individual. The amount
30 claimed by the individual shall be based upon the pro
31 rata share of the individual's earnings from the
32 partnership, limited liability company, S corporation,
33 estate, or trust.
34 c. A tax credit shall be allowed only for an
35 investment made in the form of cash to purchase equity
36 in a qualifying business or in a community-based seed
37 capital fund. A".
38 3. Page 3, line 28, by inserting after the word
39 "list" the following: "of shareholders who may
40 qualify for the tax credits".
41 4. By striking page 4, line 35, through page 5,
42 line 2, and inserting the following: "imposed
43 pursuant to chapter 422, division II, subject to any
44 conditions".
45 5. Page 5, line 34, by inserting after the word
46 "list" the following: "of limited partners or members
47 who may qualify for the tax credits".
48 6. Page 6, line 11, by inserting after the word
49 "finance" the following: "or a local taxing district,
50 as applicable,".

Teig of Hamilton offered the following amendment H-8054, to
amendment H-8052, filed by him from the floor and moved its
adoption:


H-8054

1 Amend the amendment, H-8052, to House File 2271 as
2 follows:
3 1. Page 1, line 6, by striking the word "an" and
4 inserting the following: "a current or previous".

Amendment H-8054 was adopted.

On motion by Teig of Hamilton amendment H-8052, as amended,
was adopted.

Shoultz of Black Hawk offered amendment H-8051 filed by him as
follows:

H-8051

1 Amend House File 2271 as follows:
2 1. Page 3, by inserting after line 18 the
3 following:
4 "7. The board shall cooperate with the small
5 business development centers in an effort to
6 disseminate information regarding the availability of
7 tax credits for investments in qualifying businesses
8 under this division. The board shall also cooperate
9 with the small business development centers to develop
10 a standard seed capital application form that the
11 small business development centers may submit to the
12 board on behalf of clients seeking seed capital. The
13 board shall distribute copies of the application forms
14 to all community-based seed capital funds and
15 potential individual investors."
16 2. Page 4, by inserting after line 19 the
17 following:
18 "g. The business has received counseling through a
19 small business development center, including an
20 assessment of the business plan with a determination
21 of the level of any technical assistance necessary to
22 aid the business in developing a financially feasible
23 project. A small business development center may
24 utilize the services of outside providers for all or
25 part of the business plan assessment, including
26 strategic marketing services at the university of
27 northern Iowa for market assessments. The business
28 shall submit a copy of the business plan assessment to
29 the board."


Shoultz of Black Hawk offered the following amendment H-8055,
to amendment H-8051, filed by him and Teig of Hamilton from the
floor and moved its adoption:

H-8055

1 Amend the amendment, H-8051, to House File 2271 as
2 follows:
3 1. Page 1, line 4, by striking the word "shall",
4 and inserting the following: "may".
5 2. Page 1, line 8, by striking the word "shall",
6 and inserting the following: "may".
7 3. Page 1, by striking lines 16 through 18 and
8 inserting the following:
9 " . Page 4, line 9, by inserting after the word
10 "business." the following: "In addition, the owner
11 shall receive counseling through a"."
12 4. By renumbering as necessary.

Amendment H-8055 was adopted.

On motion by Shoultz of Black Hawk amendment H-8051, as
amended, was adopted.

Teig 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. 2271)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Reeder Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Brunkhorst Fallon Ford Frevert
Larkin Winckler

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2271 be immediately messaged to the Senate.

Regular Calendar

House File 2249, a bill for an act relating to the administration of
the Iowa lottery by providing for criminal history checks of applicants
for certain licenses and major vendors contracting with the lottery,
marketing materials, and the identification of instant lottery tickets,
providing for a fee, and providing for an effective date, was taken up
for consideration.

Brauns of Muscatine offered the following amendment H-8045
filed by him and moved its adoption:

H-8045

1 Amend House File 2249 as follows:
2 1. Title page, by striking lines 1 through 3 and
3 inserting the following: "An Act relating to criminal
4 history checks of applicants for certain licenses,
5 lottery employees, and major vendors contracting with
6 the".

Amendment H-8045 was adopted.

Brauns of Muscatine 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. 2249)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Reeder Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Brunkhorst Fallon Ford Frevert
Larkin Winckler

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

House File 2247, a bill for an act relating to the regulation of
health care facilities and the duties of resident advocate committees,
was taken up for consideration.


Broers of Cerro Gordo 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. 2247)

The ayes were, 93:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kuhn
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Reeder Rekow Reynolds
Richardson Roberts Scherrman Schrader
Seng Shey Shoultz Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 1:
Kreiman

 


Absent or not voting, 6:
Brunkhorst Fallon Ford Frevert
Larkin Winckler

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2230, a bill for an act relating to sentences of
incarceration for third or subsequent operating-while-intoxicated
motor vehicle offenses, was taken up for consideration.

Shey of Linn 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. 2230)

The ayes were, 93:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Garman
Gipp Greimann Grundberg Hahn
Hansen Heaton Hoffman Horbach
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Jones
Kettering Klemme Kreiman Kuhn
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Reeder Rekow Reynolds
Richardson Roberts Scherrman Schrader
Seng Shey Shoultz Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 7:
Brunkhorst Fallon Ford Frevert
Hatch Larkin Winckler

 


The bill having received a constitutional majority was declared to
have passed the House and the title 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 2230, 2247 and 2249.

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,
with report of committee recommending amendment and passage,
was taken up for consideration.

Carroll of Poweshiek offered the following amendment H-8038
filed by the committee on administration and rules and moved its
adoption:

H-8038

1 Amend Senate File 2018, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 6 the
4 following:
5 "Sec. . EFFECTIVE DATE AND APPLICABILITY
6 PROVISIONS. This Act, being deemed of immediate
7 importance, takes effect upon enactment and is
8 retroactively applicable to the ninetieth calendar day
9 of the Second Regular Session of the Seventy-ninth
10 General Assembly convening in 2002."
11 2. Title page, line 3, by inserting after the
12 word "Assembly" the following: "and including
13 effective date and retroactive applicability
14 provisions".
15 3. By renumbering as necessary.

The committee amendment H-8038 was adopted.

Carroll of Poweshiek 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?" (S.F. 2018)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Reeder Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Brunkhorst Fallon Ford Frevert
Larkin Winckler

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

ADOPTION OF SENATE CONCURRENT RESOLUTION 101

Carroll of Poweshiek called up for consideration Senate
Concurrent Resolution 101 as follows and moved its adoption:

1 SENATE CONCURRENT RESOLUTION 101
2 BY COMMITTEE ON RULES AND ADMINISTRATION
3 A concurrent resolution to amend Joint Rule 20
4 of the joint rules of the senate and house.
5 Be It Resolved By The Senate, The House Of
6 Representatives Concurring, That Joint Rule 20,
7 adopted by the Seventy-ninth General Assembly, 2001
8 Session, providing for time of committee passage and
9 consideration of bills, is amended for the 2002
10 Session as follows:


11 Rule 20
12 Time of Committee Passage and Consideration of Bills
13 1. This rule does not apply to concurrent or
14 simple resolutions, joint resolutions nullifying
15 administrative rules, senate confirmations, bills
16 embodying redistricting plans prepared by the
17 legislative service bureau pursuant to chapter 42, or
18 bills passed by both houses in different forms.
19 Subsection 2 of this rule does not apply to
20 appropriations bills, ways and means bills, legalizing
21 acts, administrative rules review committee bills,
22 bills sponsored by standing committees in response to
23 a referral from the president of the senate or the
24 speaker of the house of representatives relating to an
25 administrative rule whose effective date has been
26 delayed until the adjournment of the next regular
27 session of the general assembly by the administrative
28 rules review committee, bills cosponsored by majority
29 and minority floor leaders of one house, bills in
30 conference committee, and companion bills sponsored by

Page 2

1 the majority floor leaders of both houses after
2 consultation with the respective minority floor
3 leaders. For the purposes of this rule, a joint
4 resolution is considered as a bill. To be considered
5 an appropriations or ways and means bill for the
6 purposes of this rule, the appropriations committee or
7 the ways and means committee must either be the
8 sponsor of the bill or the committee of first referral
9 in the originating house.
10 2. To be placed on the calendar in the house of
11 origin, a bill must be first reported out of a
12 standing committee by Friday of the 10th week of the
13 first session and the 8th 6th week of the second
14 session. To be placed on the calendar in the other
15 house, a bill must be first reported out of a standing
16 committee by Friday of the 13th week of the first
17 session and the 11th 9th week of the second session.
18 3. During the 11th week of the first session and
19 the 9th 7th week of the second session, each house
20 shall consider only bills originating in that house
21 and unfinished business. During the 14th week of the
22 first session and the 12th 10th week of the second
23 session, each house shall consider only bills
24 originating in the other house and unfinished
25 business. Beginning with the 15th week of the first
26 session and the 13th 11th week of the second session,
27 each house shall consider only bills passed by both
28 houses, bills exempt from subsection 2, and unfinished


29 business.
30 4. A motion to reconsider filed and not disposed

Page 3

1 of on an action taken on a bill or resolution which is
2 subject to a deadline under this rule may be called up
3 at any time before or after the day of the deadline by
4 the person filing the motion or after the deadline by
5 the majority floor leader, notwithstanding any other
6 rule to the contrary.

The motion prevailed and the resolution was adopted.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
File 2018 and Senate Concurrent Resolution 101.

House File 2111, a bill for an act relating to protection from
domestic abuse and including protections for persons in an intimate
relationship, was taken up for consideration.

Sukup of Franklin in the chair at 4:43 p.m.

Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-8017 filed by him on January 29, 2002.

SENATE FILE 2100 SUBSTITUTED FOR HOUSE FILE 2111

Millage of Scott asked and received unanimous consent to
substitute Senate File 2100 for House File 2111.

Senate File 2100, a bill for an act relating to protection from
domestic abuse and including protections for persons in an intimate
relationship, was taken up for consideration.

Millage of Scott 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?" (S.F. 2100)


The ayes were, 91:
Alons Arnold Atteberry Bell
Boal Boggess Bradley Brauns
Broers Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Finch
Foege Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Reeder Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Taylor, D. Taylor, T.
Teig Tremmel Tymeson Van Engelenhoven
Van Fossen Warnstadt Weidman Wilderdyke
Wise Witt Sukup,
Presiding

 


The nays were, 2:
Boddicker Tyrrell

 


Absent or not voting, 7:
Baudler Brunkhorst Fallon Ford
Frevert Larkin Winckler

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

HOUSE FILE 2111 WITHDRAWN

Millage of Scott asked and received unanimous consent to
withdraw House File 2111 from further consideration by the House.

House File 2246, a bill for an act relating to administrative
procedures of county treasurers for property taxation and vehicle
registration, was taken up for consideration.


Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-8043 filed by him on February 12, 2002.

RULE 31.8 SUSPENDED

Grundberg 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-8056.

Grundberg of Polk offered the following amendment H-8056 filed
by her from the floor and moved its adoption:

H-8056

1 Amend House File 2246 as follows:
2 1. Page 2, by inserting after line 15 the
3 following:
4 "Sec. . Section 445.37, unnumbered paragraph 1,
5 Code 2001, is amended to read as follows:
6 If the semiannual installment of any tax has not
7 been paid before October 1 succeeding the levy, that
8 amount becomes delinquent from October 1 after due,
9 including. However, in those instances when the last
10 day of September is a Saturday or Sunday, that amount
11 becomes delinquent on the following Monday. If the
12 second installment is not paid before April 1
13 succeeding its maturity, it becomes delinquent from
14 April 1 after due, including. However, in those
15 instances when the last day of March is a Saturday or
16 Sunday, that amount becomes delinquent on the
17 following Monday. This paragraph applies to all taxes
18 as defined in section 445.1, subsection 6."
19 2. By renumbering as necessary.

Amendment H-8056 was adopted.

Carroll of Poweshiek 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. 2246)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Reeder Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Siegrist, Spkr. Sievers Smith Stevens
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Wise
Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Brunkhorst Fallon Ford Frevert
Larkin Winckler

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2100 be immediately messaged to the Senate.

REPORT OF ADMINISTRATION AND RULES COMMITTEE

MR. SPEAKER: Pursuant to Senate Concurrent Resolution 5, your
committee on administration 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

Assistant Bill Clerk Marie A. Kirby 12-4 to S-O 02-01-02
12-5
Senior Finance Officer II Debra K. Rex 35-4 to P-FT 01-18-02
35-5
Indexer II Kristin L. Wentz 25-5 to P-FT 01-18-02
25-6
Legislative Secretary Brendan E. Greiner 18-1 to S-O 01-15-02
17-1
Legislative Secretary Dolores M. Horton 15-4 S-O 01-28-02
Legislative Secretary Karen A. Lischer 15-1 to S-O 01-15-02
16-1
Legislative Secretary Twyla L. Miller 17-5+2 to S-O 02-01-02
17-6+2
Legislative Secretary Jean Tannatt 16-3 to S-O 02-01-02
16-4
Legislative Secretary Kara L. Wilber 16-1 to S-O 01-14-02
16-2
Legislative Secretary Nathan T. Willems 18-1 to S-O 01-15-02
17-1
Legislative Secretary Courtney E. Winckler 15-1 to S-O 01-15-02
16-1

The following are resignations from the officers and employees of the House:

Administrative Assistant Gentry T. Collins 02-04-02
II to Leader

Pursuant to 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 to P-FT 02-01-02
Specialist III 31-2

CARROLL of Poweshiek, Chair


MOTION TO RECONSIDER
(House File 2246)

I move to reconsider the vote by which House File 2246 passed the
House on February 14, 2002.

HUSER of Polk

COMMUNICATION RECEIVED

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

SUPREME COURT OF IOWA

The enhanced court collections fund and the court technology fund, pursuant to
Chapter 179.1(9), 2001 Acts of the Seventy-ninth General Assembly.

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\336 Burnith and Alma Risetter, Ames - For celebrating their 69th
wedding anniversary.

2002\337 Loretta Oler, Springville - For celebrating her 90th birthday.

2002\338 Eloise Sacre, Indianola - For celebrating her 90th birthday.

2002\339 Harold and Millie Anderlik, Riceville - For celebrating their 50th
wedding anniversary.

2002\340 Christopher Gergen, Waterloo - For being Waterloo's Police Officer
of the Year for 2001.

2002\341 Elma Erb, Wellman - For celebrating her 95th birthday.

2002\342 Linda Wagler, Keosauqua - For being nominated for Poet of the
Year for 2002.

2002\343 Helen Elizabeth Beasley, Libertyville - For celebrating her 90th
birthday.


2002\344 Jerri and Dean Manchester, Douds - For celebrating their 50th
wedding anniversary.

2002\345 Ankeny High School Debate Team, Ankeny - For winning the All
State Nomination to perform "The Old Man That Loved Cheese".

2002\346 Ankeny High School Debate Team, Ankeny - For winning the All
State Nomination for "Dolls".

SUBCOMMITTEE ASSIGNMENTS

House File 2164

Education: Eddie, Chair; Broers and Cohoon.

House File 2223

Environmental Protection: Huseman, Chair; Drake and Stevens.

House File 2235

Judiciary: Wilderdyke, Chair; Eichhorn and Kreiman.

House File 2263

Judiciary: Baudler, Chair; Bell and Boddicker.

House File 2264

Human Resources: Boal, Chair; Boddicker and Foege.

House File 2270

Judiciary: Eichhorn, Chair; Kreiman and Millage.

House File 2273

Judiciary: Boddicker, Chair; Grundberg and Kreiman.

House File 2276

Judiciary: Eichhorn, Chair; Kreiman and Millage.

House File 2282

Judiciary: Kreiman, Chair; Eichhorn and Millage.

House File 2283

Human Resources: Carroll, Chair: Brunkhorst and Kreiman.


House File 2285

Economic Development: Hoversten, Chair; Cormack and Stevens.

House File 2286

Human Resources: Roberts, Chair; Boddicker and Tremmel.

House File 2287

Human Resources: Tymeson, Chair; Broers and Ford.

House File 2288

Education: Grundberg, Chair; Finch, Petersen, Sukup and Wise.

House File 2294

Environmental Protection: Bradley; Chair: Kettering and Stevens.

House File 2298

Judiciary: Eichhorn, Chair; Kreiman and Millage.

House File 2305

Judiciary: Raecker, Chair; Kreiman and Shey.

House File 2308

Education: Roberts, Chair; Bukta and Dolecheck.

House File 2313

Judiciary: Baudler, Chair; Boddicker and Jochum.

House File 2329

Education: Carroll, Chair; Grundberg and Wise.

House File 2331

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

House File 2332

State Government: Jacobs, Chair; Chiodo and Millage.


HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 574 Reassigned

Judiciary: Kettering, Chair; Jochum and Sukup.

House Study Bill 614 Reassigned

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

House Study Bill 637 Reassigned

Labor and Industrial Relations: Sukup, Chair; Dotzler and Wilderdyke.

House Study Bill 644

Environmental Protection: Bradley, Chair; Kettering and Witt.

House Study Bill 645

Environmental Protection: Kettering, Chair; Drake and Stevens.

House Study Bill 646

Labor and Industrial Relations: Grundberg, Chair; Raecker and D. Taylor.

House Study Bill 648

Local Government: Hahn, Chair; Klemme and Reeder.

House Study Bill 649

Judiciary: Eichhorn, Chair; Baudler and Tremmel.

House Study Bill 652

Commerce and Regulation: Raecker, Chair; Osterhaus and Shey.

House Study Bill 653

Judiciary: Raecker, Chair; Bell and Broers.

House Study Bill 654

Judiciary: Kettering, Chair; Tremmel and Wilderdyke.

House Study Bill 655

Judiciary: Kettering, Chair; Broers and Kreiman.


House Study Bill 656

Judiciary: Kettering, Chair; Kreiman and Sukup.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 658 Environmental Protection

Relating to the use of moneys appropriated to the department of
natural resources for purposes of tire-related initiatives.

H.S.B. 659 Commerce and Regulation

Designating certain insurance practices related to health care
providers as unfair methods of competition and practice.

H.S.B. 660 State Government

Relating to voting, including to information contained on abstracts of
votes, to the definition of a valid vote for purposes of canvassing
ballots after an election and during a recount, and to the procedures
for requesting and conducting recounts of votes cast.

H.S.B. 661 Education

Relating to the operations of and programs for school districts,
accredited nonpublic schools, and community colleges, and making
changes to provisions allowing tax credits and advances to businesses
for participating in community college training programs.

H.S.B. 662 Human Resources

Relating to departmental duties by transferring certain duties from
the department of human services to the department of inspections
and appeals and the Iowa department of public health, reorganizing
the duties of the department of inspections and appeals, and
authorizing elimination of certain department of human services'
programs offered at the state mental health institute at Mount
Pleasant, and making an appropriation of certain grants and gifts,
and providing an effective date.


H.S.B. 663 Judiciary

Relating to the civil commitment of sexually violent predators.

H.S.B. 664 Commerce and Regulation

Relating to the assessment of telephone utilities for the dual party
relay service.

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 ECONOMIC DEVELOPMENT

Committee Bill (Formerly House Study Bill 531), relating to the enterprise zone
program and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

COMMITTEE ON EDUCATION

Committee Bill (Formerly House Study Bill 518), eliminating teacher licensure of
community college faculty; requiring community colleges to develop, approve, and
implement a quality faculty and staff plan; and providing for related matters and an
effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

COMMITTEE ON HUMAN RESOURCES

Committee Bill (Formerly House Study Bill 592), relating to public assistance
benefits received by persons who were not entitled or eligible to receive the benefits,
providing criminal and civil penalties, and appropriating certain penalties received.

Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

Committee Bill (Formerly House Study Bill 622), relating to child support
including provisions relating to medical support and the calculation of the child
support amount relative to receipt of federal social security benefits.

Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

COMMITTEE ON JUDICIARY

Committee Bill (Formerly House File 2196), relating to the possession of firearms
or offensive weapons by felons.

Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

Committee Bill (Formerly House Study Bill 610), authorizing sheriffs to appoint
civil process servers.

Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS

Committee Bill (Formerly House Study Bill 546), relating to permitted and
prohibited occupations for certain child laborers involving motor vehicle cleaning,
washing, and polishing, and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass February 13, 2002.

Committee Bill (Formerly House Study Bill 593), relating to the retention of
unemployment benefits contested case hearing records.

Fiscal Note is not required.

Recommended Do Pass February 13, 2002.

Committee Bill (Formerly House Study Bill 601), designating May 1, 2002, as
Iowa Right-to-Work Day.

Fiscal Note is not required.

Recommended Do Pass February 14, 2002.

Committee Bill (Formerly House Study Bill 631), prohibiting extreme fighting
contests and providing penalties.


Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

COMMITTEE ON LOCAL GOVERNMENT

Committee Bill (Formerly House Study Bill 634), relating to certain documents
indexed and recorded with the county recorder.

Fiscal Note is not required.

Recommended Do Pass February 14, 2002.

COMMITTEE ON STATE GOVERNMENT

House File 2008, a bill for an act relating to the election of directors of local school
districts, area education agencies, and merged areas on the date of the general election,
and including an effective date, applicability, and transition provision.

Fiscal Note is not required.

Recommended Do Pass February 14, 2002.

Committee Bill (Formerly House File 2141), providing an exemption for the
practice of reflexology from the licensure requirements for massage therapy.

Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

Committee Bill (Formerly House File 2243), requiring the state capitol to remain
open to the public seven days a week.

Fiscal Note is not required.

Recommended Amend and Do Pass February 14, 2002.

Committee Bill (Formerly House Study Bill 614), relating to the level of full-time
equivalent positions authorized for executive branch agencies.

Fiscal Note is not required.

Recommended Do Pass February 14, 2002.

Committee Bill (Formerly House Study Bill 636), providing for access to the Iowa
communications network by homeland security or defense facilities.

Fiscal Note is not required.

Recommended Do Pass February 14, 2002.


Committee Bill (Formerly House Study Bill 638), relating to access to third-party
contracts involving government-funded services.

Fiscal Note is not required.

Recommended Do Pass February 14, 2002.

COMMITTEE ON TRANSPORTATION

House File 2187, a bill for an act creating a rebuttable presumption concerning
failure to obey school bus warning devices.

Fiscal Note is not required.

Recommended Do Pass February 14, 2002.

Committee Bill (Formerly House Study Bill 595), 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.

Fiscal Note is required.

Recommended Do Pass February 14, 2002.

RESOLUTION FILED

HR 109, by Warnstadt, a resolution calling on the Commissioner of
Insurance to undertake a review of insurance rates in Iowa.

Laid over under Rule 25.

AMENDMENT FILED

H-8053 S.F. 2051 Klemme of Plymouth

On motion by Rants of Woodbury the House adjourned at 5:17
p.m., until 8:45 a.m., Friday, February 15, 2002.


Previous Day: Wednesday, February 13Next Day: Friday, February 15
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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