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House Journal: Wednesday, February 27, 2002

JOURNAL OF THE HOUSE

Forty-fifth Calendar Day - Thirtieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 27, 2002

The House met pursuant to adjournment at 8:45 a.m., Gipp of
Winneshiek in the chair.

Prayer was offered by the retired Reverend Bob Roof of the
Presbyterian Church, Cedar Falls. He was the guest of
Representative Willard Jenkins from Black Hawk County.

The Journal of Tuesday, February 26, 2002 was approved.

PETITION FILED

The following petition was received and placed on file:

By Jochum of Dubuque, from one hundred thirty-one concerned
Dubuque County citizens requesting the Rainy Day Fund be used to
support child welfare, education and health, instead of making
additional budget cuts for FY 2002. They also requested that child
welfare, education and health be treated as one unit, as a reduction in
one area directly influences the ability of the other two to provide
adequate assistance to families.

INTRODUCTION OF BILLS

House File 2558, by committee on judiciary, a bill for an act
relating to the continuance of stays or other temporary remedies
during the pendency of appeals of final judgments of judicial review
proceedings.

Read first time and placed on the calendar.

House File 2559, by committee on human resources, a bill for an
act relating to child protection confidentiality requirements involving
the department of human services.

Read first time and placed on the calendar.

House File 2560, by committee on judiciary, a bill for an act
creating criminal offenses and modifying criminal penalties for acts of
terrorism by creating the offenses of soliciting or providing material
support or resources for acts of terrorism, by creating the offense of
threat of terrorism, by creating the offense of obstruction of terrorism
prosecution, and by providing for life imprisonment for certain acts of
terrorism.

Read first time and placed on the calendar.

House File 2561, by committee on human resources, a bill for an
act 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 the unit for civil commitment of sexually violent
predators to be moved and colocated at another state institution, and
making an appropriation of certain grants and gifts, and providing an
effective date.

Read first time and placed on the calendar.

House File 2562, by committee on commerce and regulation, a
bill for an act relating to energy, by providing tax incentives for
alternate energy projects, providing for approval of utility power
purchase contracts and authorizing related expenditures, changing
the voltage threshold for electric line franchises, reassigning
responsibilities of the energy bureau of the department of natural
resources, providing for ownership of alternate energy production
facilities or small hydro facilities by public electric utilities, and
including effective and retroactive applicability dates.

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

House File 2563, by committee on judiciary, a bill for an act
relating to legal representation of an indigent person in a parole
proceeding.

Read first time and placed on the calendar.


House File 2564, by committee on judiciary, a bill for an act
relating to appeals from involuntary commitment for chronic
substance abuse or mental illness.

Read first time and placed on the calendar.

House File 2565, by committee on judiciary, a bill for an act
requiring contract disclosure statements for certain residential real
estate installment contracts, providing for a penalty, and providing
an applicability date.

Read first time and placed on the calendar.

House File 2566, by committee on judiciary, a bill for an act
relating to a power of attorney for the conveyance or encumbrance of
homestead property.

Read first time and placed on the calendar.

House File 2567, by committee on local government, a bill for an
act relating to state and local land management and planning, and
providing effective dates.

Read first time and placed on the calendar.

House File 2568, by committee on judiciary, a bill for an act
relating to certain agricultural liens.

Read first time and placed on the calendar.

House File 2569, by committee on local government, 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 for the fiscal year
beginning July 1, 2002, and providing an effective date.

Read first time and placed on the calendar.

House File 2570, by committee on local government, a bill for an
act relating to volunteer fire fighters by creating a township fire
department fund and allocating a certain portion of insurance

premiums tax to the township fire department fund, establishing a
volunteer fire fighter pension task force, making an appropriation,
and including a retroactive applicability date provision.

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

House File 2571, by committee on education, a bill for an act
relating to the establishment of an Iowa cultural trust, an Iowa
cultural trust fund, and an Iowa cultural trust grant account,
providing for the issuance of trust fund credits, and providing for
related matters.

Read first time and placed on the calendar.

House File 2572, by committee on human resources, a bill for an
act implementing the federal Indian Child Welfare Act.

Read first time and placed on the calendar.

House File 2573, by Myers, a bill for an act providing for the
reorganization of certain state departments by establishing a
department of administrative services and abolishing the executive
council and transferring or eliminating its duties.

Read first time and referred to committee on state government.

House File 2574, by committee on economic development, a bill
for an act creating a century small business program to recognize and
honor small businesses with one hundred consecutive years of
continuous family ownership.

Read first time and placed on the calendar.

House File 2575, by Greimann, a bill for an act requiring
secondary school students to complete at least one-half unit of family
and consumer sciences instruction.

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
February 26, 2002, passed the following bill in which the concurrence of the House is
asked:

Senate File 2304, a bill for an act relating to public funding and regulatory matters
and making, reducing, and transferring appropriations for the fiscal year beginning
July 1, 2001, and including an effective date.

Also: That the Senate has on February 26, 2002, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 114, a concurrent resolution to suspend joint rule 20
of the joint rules of the Senate and House of Representatives for the Seventy-ninth
General Assembly to allow for the consideration of Senate File 2304 by the House of
Representatives during the seventh week of the 2002 regular session.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGES CONSIDERED

Senate File 2179, by committee on human resources, a bill for an
act relating to female genital mutilation, and providing a penalty.

Read first time and referred to committee on human resources.

Senate File 2203, by committee on state government, a bill for an
act providing for access to the Iowa communications network by
homeland security or defense facilities.

Read first time and passed on file.

On motion by Jacobs of Polk, the House was recessed at 8:54 a.m.,
until 2:00 p.m.

AFTERNOON SESSION

The House reconvened at 2:14 p.m., Speaker pro tempore Sukup in
the chair.


QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-eight members present,
twenty-two absent.

Speaker Siegrist in the chair at 2:15 p.m.

Speaker pro tempore Sukup in the chair at 2:19 p.m.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Frevert of Palo Alto on request of Myers of Johnson.

INTRODUCTION OF BILLS

House File 2576, by Foege, a bill for an act relating to restitution
paid to a public entity for the costs of a chemical test of a specimen
from a person operating a motor vehicle while intoxicated.

Read first time and referred to committee on judiciary.

House File 2577, by Jochum, a bill for an act relating to the
council of co-owners of apartments in a horizontal property regime.

Read first time and referred to committee on local government.

House File 2578, by committee on human resources, a bill for an
act relating to the resource limits applicable to certain employed
persons with disabilities under the medical assistance program.

Read first time and placed on the calendar.

House File 2579, by Rayhons and Dolecheck, a bill for an act
establishing the assessment of fees and the creation of a fund to
support producers of corn and soybeans suffering losses due to
contamination of their crops.

Read first time and referred to committee on agriculture.


SENATE MESSAGES CONSIDERED

Senate File 2207, by committee on natural resources and
environment, a bill for an act relating to the acquisition,
enforceability, and purpose of conservation easements.

Read first time and passed on file.

Senate File 2304, by committee on appropriations, a bill for an
act relating to public funding and regulatory matters and making,
reducing, and transferring appropriations for the fiscal year
beginning July 1, 2001, and including an effective date.

Read first time and passed on file.

HOUSE JOINT RESOLUTION 2008 AND
HOUSE FILE 2424 WITHDRAWN

Wise of Lee asked and received unanimous consent to withdraw
House Joint Resolution 2008 and House File 2424 from further
consideration by the House.

CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 118

Carroll of Poweshiek asked and received unanimous consent for
the immediate consideration House Concurrent Resolution 118, a
concurrent resolution to suspend joint rule 20 of the joint rules of the
Senate and House of Representatives for the Seventy-ninth General
Assembly to allow for the consideration of Senate File 2304 by the
House of Representatives during the seventh week of the 2002
regular session, and moved its adoption.

SENATE CONCURRENT RESOLUTION 114 SUBSTITUTED FOR
HOUSE CONCURRENT RESOLUTION 118

Carroll of Poweshiek asked and received unanimous consent to
substitute Senate Concurrent Resolution 114 for House Concurrent
Resolution 118.


ADOPTION OF SENATE CONCURRENT RESOLUTION 114

Carroll of Poweshiek called up for consideration Senate
Concurrent Resolution 114, a concurrent resolution to suspend
joint rule 20 of the joint rules of the Senate and House of
Representatives for the Seventy-ninth General Assembly to allow for
the consideration of Senate File 2304 by the House of Representatives
during the seventh week of the 2002 regular session, and moved its
adoption.

The motion prevailed and the resolution was adopted.

HOUSE CONCURRENT RESOLUTION 118 WITHDRAWN

Carroll of Poweshiek asked and received unanimous consent to
withdraw House Concurrent Resolution 118 from further
consideration by the House.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON ADMINISTRATION AND RULES

LSB7043HV, to suspend joint rule 20 of the joint rules of the Senate and House of
Representatives for the Seventy-ninth General Assembly to allow for the consideration
of Senate File 2304 by the House of Representatives during the seventh week of the
2002 regular session.

Fiscal Note is not required.

Recommended Do Pass February 27, 2002.

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House File 2557.

Speaker Siegrist in the chair at 2:42 p.m.


CONSIDERATION OF BILLS
Appropriations Calendar

House File 2557, a bill for an act relating to public funding and
regulatory matters and making, reducing, and transferring
appropriations for the fiscal year beginning July 1, 2001, and
including an effective date, was taken up for consideration.

Millage of Scott offered the following amendment H-8113 filed by
him from the floor and moved its adoption:

H-8113

1 Amend House File 2557 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "DIVISION I
5 IOWa ECONOMIC EMERGENCY FUND
6 Section 1. SCHOOL FOUNDATION AID. There is
7 appropriated from the Iowa economic emergency fund
8 created in section 8.55 to the department of
9 management for the fiscal year beginning July 1, 2001,
10 and ending June 30, 2002, the following amount, or so
11 much thereof as is necessary, to be used for the
12 purpose designated:
13 For supplanting an equal amount from the
14 appropriation made from the general fund of the state
15 for the fiscal year beginning July 1, 2001, pursuant
16 to section 257.16, to pay that part of foundation aid
17 which represents the allowable growth amounts for all
18 school districts:
19 $ 44,852,353
20 Sec. 2. EMERGENCY EXPENDITURES. The moneys
21 appropriated in this division of this Act are declared
22 to be appropriated for emergency expenditures as
23 required in section 8.55, subsection 3, paragraph "a".
24 Sec. 3. EFFECT OF APPROPRIATIONS. An
25 appropriation from the general fund of the state,
26 which is supplanted by an appropriation from the Iowa
27 economic emergency fund made in this division of this
28 Act, shall be reduced by the amount of the
29 appropriation which supplants it.
30 DIVISION II
31 UNIFORM REDUCTION EXEMPTION
32 Sec. 4. APPROPRIATIONS EXEMPT. The appropriations
33 made from the general fund of the state for the fiscal
34 year beginning July 1, 2001, and ending June 30, 2002,
35 for the following designated purposes are exempt from

36 the uniform appropriation reduction made pursuant to
37 this Act for the executive branch:
38 1. For medical assistance in 2001 Iowa Acts,
39 chapter 191, section 7.
40 2. For child and family services in 2001 Iowa
41 Acts, chapter 191, section 14.
42 3. For department of corrections facilities in
43 2001 Iowa Acts, chapter 186, section 4, and 2001 Iowa
44 Acts, Second Extraordinary Session, chapter 6, section
45 7, subsection 1.
46 4. For community colleges in 2001 Iowa Acts,
47 chapter 181, section 6, subsection 14, and 2001 Iowa
48 Acts, Second Extraordinary Session, chapter 6, section
49 4.
50 5. For the college student aid commission in

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1 sections 261.25 and 261.85, and 2001 Iowa Acts,
2 chapter 181, section 1.
3 6. For payments in lieu of tuition allocated by
4 the state board of regents in 2001 Iowa Acts, chapter
5 176, section 19, and 2001 Iowa Acts, Second
6 Extraordinary Session, chapter 6, section 5,
7 subsection 1.
8 7. For the family development and self-sufficiency
9 grant program administered by the department of human
10 services.
11 8. For the following tax reimbursements: personal
12 property tax replacement in section 405A.8, franchise
13 tax revenue allocation in section 405A.10, livestock
14 production tax credit refund in section 422.121,
15 homestead tax credit in section 425.1, extraordinary
16 property tax credit and reimbursement in section
17 425.39, family farm tax credit and agricultural land
18 tax credit in sections 425A.1 and 426.1, military
19 service tax credit in section 426A.1A, property tax
20 relief in section 426B.1 and 2001 Iowa Acts, Second
21 Extraordinary Session, chapter 6, section 1,
22 subsection 13, industrial machinery, equipment and
23 computers property tax replacement in section
24 427B.19A, and cigarette and little cigar tax stamps in
25 section 453A.8.
26 9. For the following education-related purposes:
27 Iowa early intervention block grant program in section
28 256D.5, subsection 1; foundation and supplementary aid
29 under section 257.16; instructional support state aid
30 to school districts in section 257.20; tuition grants
31 in section 261.25, subsection 1; child development
32 grants and other programs for at-risk children in
33 section 279.51; educational excellence in section
34 294A.25; school improvement technology in section

35 256D.5, subsection 2; nonpublic school transportation
36 in section 285.2; department of education for
37 distribution to area education agency XVI in 2001 Iowa
38 Acts, Second Extraordinary Session, chapter 6, section
39 18, subsection 2; and including but not limited to any
40 of the purposes listed in this subsection that also
41 received an appropriation in 2001 Iowa Acts, Second
42 Extraordinary Session, chapter 6.
43 10. For Iowa communications network debt service
44 in 2001 Iowa Acts, chapter 176, section 21, and 2001
45 Iowa Acts, Second Extraordinary Session, chapter 6,
46 section 2.
47 11. For the department of commerce in 2001 Iowa
48 Acts, chapter 187, section 3, and in standing
49 appropriations and statutory provisions authorizing
50 the department or its divisions to utilize fees for

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1 regulatory activities for the fiscal year beginning
2 July 1, 2001.
3 12. For the department of human services for the
4 family investment program in 2001 Iowa Acts, chapter
5 191, section 4.
6 13. For state unemployment compensation under
7 chapter 96.
8 14. For legal services to persons in poverty
9 grants in 2001 Iowa Acts, chapter 186, section 1,
10 subsection 11, and for the state public defender in
11 2001 Iowa Acts, chapter 186, section 9, and for
12 payment of special court costs and attorney fees under
13 section 815.1.
14 15. For payments authorized in accordance with law
15 by the state appeal board.
16 16. For the statewide fire and police retirement
17 system in section 411.20, as limited by section 8.59.
18 17. For the deferred compensation program
19 established for state employees under section 509A.12.
20 18. For deposit in the school ready children
21 grants account of the Iowa empowerment fund in 2001
22 Iowa Acts, chapter 181, section 6, subsection 10.
23 19. For the department of public defense in 2001
24 Iowa Acts, chapter 186, section 12, and 2001 Iowa
25 Acts, Second Extraordinary Session, chapter 6, section
26 9.
27 20. For the state school for the deaf and the Iowa
28 braille and sight saving school in 2001 Iowa Acts,
29 chapter 181, section 8, subsections 5 and 6, and 2001
30 Iowa Acts, Second Extraordinary Session, chapter 6,
31 section 5, subsections 3 and 4.
32 DIVISION III
33 TRANSFERS OF APPROPRIATIONS

34 Sec. 5. RISK POOL. Notwithstanding sections
35 426B.1 and 426B.5, subsection 2, paragraph "d",
36 subparagraph (6), there is transferred from the
37 property tax relief fund risk pool created in section
38 426B.5, subsection 2, to the general fund of the state
39 for the fiscal year beginning July 1, 2001, and ending
40 June 30, 2002, the following amount:
41 $ 1,500,000
42 Sec. 6. DEPRECIATION FUND. Notwithstanding
43 section 18.120, there is transferred from the
44 depreciation fund created in section 18.120 for the
45 purchase of replacement motor vehicles and additions
46 to the fleet, to the general fund of the state for the
47 fiscal year beginning July 1, 2001, and ending June
48 30, 2002, the following amount:
49 $ 2,200,000
50 Sec. 7. REGENTS INFRASTRUCTURE. Of the moneys

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1 appropriated to the state board of regents in 1997
2 Iowa Acts, chapter 215, section 23, subsection 1,
3 paragraph "a", and allocated for construction of the
4 livestock infectious disease isolation facility, there
5 is transferred to the general fund of the state for
6 the fiscal year beginning July 1, 2001, and ending
7 June 30, 2002, the following amount:
8 $ 2,797,000
9 Sec. 8. TRAILS. Of the moneys appropriated to the
10 state department of transportation for trail projects
11 in 1997 Iowa Acts, chapter 215, sections 12 and 13,
12 and 1999 Iowa Acts, chapter 204, section 11,
13 subsection 3, there is transferred to the general fund
14 of the state for the fiscal year beginning July 1,
15 2001, and ending June 30, 2002, the following amount:
16 $ 5,500,000
17 Sec. 9. AVIATION HANGARS. Of the moneys
18 appropriated to the state department of transportation
19 for general aviation hangar projects in 2000 Iowa
20 Acts, chapter 1225, section 16, and deposited in an
21 aviation hangar revolving loan fund, there is
22 transferred to the general fund of the state for the
23 fiscal year beginning July 1, 2001, and ending June
24 30, 2002, the following amount:
25 $ 360,000
26 Sec. 10. HEALTHY IOWANS TOBACCO TRUST.
27 Notwithstanding sections 12.65 and 12E.12, there is
28 transferred from the healthy Iowans tobacco trust
29 created in section 12.65 to the general fund of the
30 state for the fiscal year beginning July 1, 2001, and
31 ending June 30, 2002, the following amount:
32 $ 6,000,000

33 Moneys transferred pursuant to this section shall
34 be from moneys deposited in the healthy Iowans tobacco
35 trust which are not from proceeds from the tax-exempt
36 bonds issued pursuant to chapter 12E.
37 Sec. 11. STRATEGIC INVESTMENT FUND.
38 Notwithstanding section 15.313, subsection 2, there is
39 transferred from the strategic investment fund created
40 in section 15.313 to the general fund of the state for
41 the fiscal year beginning July 1, 2001, and ending
42 June 30, 2002, the following amount:
43 $ 1,000,000
44 Sec. 12. VALUE-ADDED AGRICULTURAL PRODUCTS.
45 Notwithstanding section 15E.112, subsection 1, there
46 is transferred from the value-added agricultural
47 products and processes financial assistance fund
48 created in section 15E.112 to the general fund of the
49 state for the fiscal year beginning July 1, 2001, and
50 ending June 30, 2002, the following amount:

Page 5

1 $ 500,000
2 Sec. 13. BRUCELLOSIS AND TUBERCULOSIS ERADICATION
3 FUND. Notwithstanding section 165.18, subsection 1,
4 there is transferred from the brucellosis and
5 tuberculosis eradication fund created in section
6 165.18 to the general fund of the state for the fiscal
7 year beginning July 1, 2001, and ending June 30, 2002,
8 the following amount:
9 $ 1,000,000
10 Sec. 14. REAP. Notwithstanding section 455A.19,
11 there is transferred from the Iowa resources
12 enhancement and protection fund created in section
13 455A.18 to the general fund of the state for the
14 fiscal year beginning July 1, 2001, and ending June
15 30, 2002, the following amount:
16 $ 2,800,000
17 Sec. 15. ENVIRONMENT FIRST FUND. Notwithstanding
18 section 8.57A, subsection 3, there is transferred from
19 the environment first fund created in section 8.57a to
20 the general fund of the state for the fiscal year
21 beginning July 1, 2001, and ending June 30, 2002, the
22 following amount:
23 $ 3,000,000
24 Sec. 16. ENDOWMENT FOR IOWA'S HEALTH ACCOUNT.
25 Notwithstanding 2001 Iowa Acts, chapter 174, section
26 1, there is transferred from the endowment for Iowa's
27 health account of the tobacco settlement trust fund
28 created in section 12E.12 to the general fund of the
29 state for the fiscal year beginning July 1, 2001, and
30 ending June 30, 2002, the following amounts:
31 1. From the appropriation made for the fiscal year

32 beginning July 1, 2001, from moneys received pursuant
33 to sections 99D.17 and 99F.11 in 2001 Iowa Acts,
34 chapter 174, section 1, subsection 1:
35 $ 15,000,000
36 2. From the appropriation made for the fiscal year
37 beginning July 1, 2001, from the general fund of the
38 state in 2001 Iowa Acts, chapter 174, section 1,
39 subsection 2:
40 $ 7,000,000
41 Sec. 17. POOLED TECHNOLOGY ACCOUNT.
42 Notwithstanding 2001 Iowa Acts, chapter 189, section
43 5, there is transferred from the pooled technology
44 account established in the office of the treasurer of
45 state under the control of the information technology
46 department to the general fund of the state for the
47 fiscal year beginning July 1, 2001, and ending June
48 30, 2002, the following amount:
49 $ 700,000
50 Sec. 18. TRANSFER DATE. The transfers specified

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1 in this division of this Act shall begin on the
2 effective date of this Act.
3 DIVISION IV
4 JUDICIAL BRANCH
5 Sec. 19. 2001 Iowa Acts, chapter 179, section 1,
6 unnumbered paragraph 2, as amended by 2001 Iowa Acts,
7 Second Extraordinary Session, chapter 6, section 16,
8 is amended to read as follows:
9 For salaries of supreme court justices, appellate
10 court judges, district court judges, district
11 associate judges, judicial magistrates and staff,
12 state court administrator, clerk of the supreme court,
13 district court administrators, clerks of the district
14 court, juvenile court officers, board of law examiners
15 and board of examiners of shorthand reporters and
16 judicial qualifications commission, receipt and
17 disbursement of child support payments, reimbursement
18 of the auditor of state for expenses incurred in
19 completing audits of the offices of the clerks of the
20 district court during the fiscal year beginning July
21 1, 2001, and maintenance, equipment, and miscellaneous
22 purposes:
23 $108,688,725
24 107,552,799
25 Sec. 20. 2001 Iowa Acts, chapter 179, section 2,
26 as amended by 2001 Iowa Acts, Second Extraordinary
27 Session, chapter 6, section 17, is amended to read as
28 follows:
29 SEC. 2. JUDICIAL RETIREMENT FUND. There is
30 appropriated from the general fund of the state to the

31 judicial retirement fund for the fiscal year beginning
32 July 1, 2001, and ending June 30, 2002, the following
33 amount, or so much thereof as is necessary, to be used
34 for the purpose designated:
35 Notwithstanding section 602.9104, subsection 4,
36 paragraph "b", for the state's contribution to the
37 judicial retirement fund in the amount of 15.9 percent
38 of the basic salaries of the judges covered under
39 chapter 602, article 9:
40 $ 3,069,897
41 3,039,198
42 Sec. 21. JUDICIAL BRANCH - FURLOUGHS.
43 1. In addition to the appropriation reduction made
44 in this division of this Act, the appropriations and
45 distributions from the general fund of the state to
46 the judicial branch for the fiscal year beginning July
47 1, 2001, and ending June 30, 2002, are reduced by the
48 following amount:
49 $ 1,100,700
50 2. In order to implement the reduction made in

Page 7

1 subsection 1, the judicial branch shall implement
2 furloughs of judicial branch employees other than
3 justices, judges, and magistrates in a manner so as to
4 produce cost savings equivalent to a furlough of one-
5 half day per employee per pay period.
6 3. As part of implementing the reduction made in
7 this subsection 1, notwithstanding the annual salary
8 rates authorized for justices, judges, and magistrates
9 in 2001 Iowa Acts, chapter 190, section 1, for the
10 fiscal year beginning July 1, 2001, those salary rates
11 shall be reduced by applying a 5 percent reduction to
12 the portion of annual salary attributable to the
13 period beginning on the effective date of this Act
14 through June 30, 2002.
15 4. Notwithstanding the uses listed in section
16 602.1304, subsection 2, paragraph "c", the judicial
17 branch may use not more than $1,000,000 of the moneys
18 available to the judicial branch in the enhanced court
19 collections fund for the fiscal year beginning July 1,
20 2001, to supplant the reduction made in subsection 1.
21 DIVISION V
22 LEGISLATIVE BRANCH
23 Sec. 22. APPROPRIATIONS REDUCTION.
24 1. The appropriations made from the general fund
25 of the state in section 2.12 to the general assembly
26 for the fiscal year beginning July 1, 2001, and ending
27 June 30, 2002, shall be reduced by 2.6 percent.
28 2. In order to implement the reductions required
29 by this section for the fiscal year beginning July 1,

30 2001, in addition to employee furloughs and other
31 expense reductions, notwithstanding the annual salary
32 rates authorized for members of the general assembly
33 in section 2.10, the salary rates for such members
34 shall be reduced by applying a 5 percent reduction to
35 the portion of annual salary attributable to the
36 period beginning on the effective date of this Act
37 through June 30, 2002, as if the members were all paid
38 a salary under section 2.10, subsection 4, paragraph
39 "a".
40 DIVISION VI
41 UNIFORM EXECUTIVE BRANCH APPROPRIATION REDUCTIONS
42 Sec. 23. EXECUTIVE BRANCH. Except for those
43 appropriations made for the purposes specified in
44 division I of this Act and those appropriations exempt
45 from this section under division II of this Act, after
46 applying the uniform reductions made pursuant to
47 executive order number 24, the appropriations made
48 from the general fund of the state to the executive
49 branch for the fiscal year beginning July 1, 2001, and
50 ending June 30, 2002, are reduced by 1 percent.

Page 8

1 Sec. 24. SALARY ADJUSTMENT FUND. The
2 appropriation made in section 455G.3, subsection 6,
3 paragraph "b", to the salary adjustment fund from the
4 unassigned revenue fund administered by the Iowa
5 comprehensive tank fund board is reduced by 4.3
6 percent. That appropriation shall be considered to be
7 an appropriation made from the general fund of the
8 state for purposes of the uniform reductions to
9 appropriations made pursuant to this division of this
10 Act or pursuant to any later enactment of the Seventy-
11 ninth General Assembly, 2002 Session, making a uniform
12 reduction to appropriations from the general fund of
13 the state for the fiscal year beginning July 1, 2001,
14 or pursuant to an executive order of the governor
15 issued after the effective date of this Act.
16 DIVISION VII
17 EXECUTIVE BRANCH FURLOUGHS
18 Sec. 25. EXECUTIVE BRANCH. The appropriations
19 made from the general fund of the state to the
20 departments and establishments of the executive
21 branch, as defined in section 8.2, including but not
22 limited to the appropriations to the state board of
23 regents, for purposes of state employee compensation
24 for the fiscal year beginning July 1, 2001, and ending
25 June 30, 2002, are reduced by the following amount:
26 $ 11,702,872
27 1. The department of management shall apply the
28 reduction made in accordance with this section in a

29 manner so that an appropriation providing for state
30 employee compensation is reduced in proportion to the
31 amount that the compensation costs in that
32 appropriation bears to the total amount of
33 compensation costs in all appropriations from the
34 general fund to executive branch departments and
35 establishments.
36 2. In order to implement the reduction made in
37 this section, the departments and establishments shall
38 implement furloughs for those employees whose
39 compensation is paid from the general fund of the
40 state, in a manner to produce cost savings equivalent
41 to a furlough of one-half day per employee per pay
42 period.
43 3. As part of implementing the reduction made in
44 this section, notwithstanding the annual salary rates
45 authorized for elective executive branch officials in
46 2000 Iowa Acts, chapter 1219, section 3, for the
47 fiscal year beginning July 1, 2001, the salary rates
48 for such officials shall be reduced by applying a 5
49 percent reduction to the portion of annual salary
50 attributable to the period beginning on the effective

Page 9

1 date of this Act through June 30, 2002.
2 4. As part of implementing the reduction made in
3 this section, notwithstanding the annual salaries
4 established under 2001 Iowa Acts, chapter 190, section
5 3, for the fiscal year beginning July 1, 2001, each of
6 those salaries shall be reduced by applying a 5
7 percent reduction to the portion of the salary
8 attributable to the period beginning on the effective
9 date of this Act through June 30, 2002.
10 5. The appropriations reductions made pursuant to
11 this section are in addition to the appropriations
12 reductions made pursuant to division VI of this Act.
13 DIVISION VIII
14 EFFECTIVE DATE
15 Sec. 26. EFFECTIVE DATE. This Act, being deemed
16 of immediate importance, takes effect upon enactment."

Amendment H-8113 was adopted.

Amendment H-8102 filed by Murphy of Dubuque from the floor
was placed out of order.

SENATE FILE 2304 SUBSTITUTED FOR HOUSE FILE 2557


Millage of Scott asked and received unanimous consent to
substitute Senate File 2304 for House File 2557.

Senate File 2304, a bill for an act relating to public funding and
regulatory matters and making, reducing, and transferring
appropriations for the fiscal year beginning July 1, 2001, and
including an effective date, was taken up for consideration.

Murphy of Dubuque asked and received unanimous consent for the
immediate consideration of amendment H-8104.

Murphy of Dubuque offered the following amendment H-8104 filed
by him from the floor and moved its adoption:

H-8104

1 Amend Senate File 2304, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. IOWA ECONOMIC EMERGENCY FUND.
6 1. There is appropriated from the Iowa economic
7 emergency fund created in section 8.55 to the general
8 fund of the state for the fiscal year beginning July
9 1, 2001, and ending June 30, 2002, the following
10 amount, or so much thereof as is necessary, to be used
11 for the purpose designated:
12 For providing necessary funding to the general fund
13 of the state:
14 $121,707,641
15 2. The moneys appropriated in this section are
16 declared to be appropriated for emergency expenditures
17 as required in section 8.55, subsection 3, paragraph
18 "a".
19 Sec. 2. LEGISLATIVE APPROPRIATIONS REDUCTION.
20 1. The appropriations made from the general fund
21 of the state in section 2.12 to the general assembly
22 for the fiscal year beginning July 1, 2001, and ending
23 June 30, 2002, shall be reduced by 2.6 percent.
24 2. In order to implement the reductions required
25 by this section for the fiscal year beginning July 1,
26 2001, in addition to employee furloughs and other
27 expense reductions, notwithstanding the annual salary
28 rates authorized for members of the general assembly
29 in section 2.10, the salary rates for such members
30 shall be reduced by applying a 5 percent reduction to
31 the portion of annual salary attributable to the
32 period beginning on the effective date of this Act

33 through June 30, 2002, as if the members were all paid
34 a salary under section 2.10, subsection 4, paragraph
35 "a".
36 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
37 immediate importance, takes effect upon enactment."
38 2. Title page, by striking lines 1 through 4 and
39 inserting the following: "An Act making an
40 appropriation to the general fund of the state for the
41 fiscal year beginning July 1, 2001, reducing
42 appropriations to the legislative branch for that
43 fiscal year, and providing an effective date."

Roll call was requested by Murphy of Dubuque and Atteberry of
Delaware.

Rule 75 was invoked.

On the question "Shall amendment H-8104 be adopted?" (S.F.
2304)

The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Ford Greimann Hatch
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reeder Reynolds
Richardson Scherrman Schrader Seng
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


The nays were, 55:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Garman Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Hoversten Huseman Jacobs Jenkins
Johnson Jones Kettering Klemme
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Sievers Sukup
Tymeson Tyrrell Van Engelenhoven Van Fossen
Weidman Wilderdyke Mr. Speaker
Siegrist
Absent or not voting, 3:

 

Frevert
Huser Teig


 


Amendment H-8104 lost.

Wise of Lee asked and received unanimous consent for the
immediate consideration of amendment H-8112.

Wise of Lee offered amendment H-8112 filed by Wise, Bell of
Jasper, Myers of Johnson, Reeder of Fayette, Atteberry of Delaware,
Winckler of Scott, Foege of Linn, Greimann of Story, Warnstadt of
Woodbury, Bukta of Clinton, Huser of Polk, Jochum of Dubuque,
Smith of Marshall, T. Taylor of Linn, Larkin of Lee, Shoultz of Black
Hawk, Witt of Black Hawk, Mascher of Johnson, Lensing of Johnson,
Petersen of Polk, Ford of Polk, Fallon of Polk, Connors of Polk, Chiodo
of Polk and D. Taylor of Linn, from the floor as follows:

H-8112

1 Amend Senate File 2304, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 14 the
4 following:
5 "Sec. . GENERAL FUND. There is appropriated
6 from the Iowa economic emergency fund created in
7 section 8.55 to the general fund for the fiscal year
8 beginning July 1, 2001, and ending June 30, 2002, the
9 following amount, or so much thereof as is necessary,
10 to be used for the purpose designated:
11 For providing necessary funding to the general fund
12 of the state in order to prevent furlough or layoff of
13 officers and others providing public protection
14 services, members of the national guard, nurses,
15 hospital workers, prison guards, child protection
16 workers, and other state employees who all provide
17 important services to the people of Iowa:
18 $ 12,803,572"
19 2. Page 8, by striking lines 7 through 32.
20 3. By striking page 10, line 3, through page 11,
21 line 8.
22 4. By renumbering as necessary.

Speaker pro tempore Sukup in the chair at 4:12 p.m.


The House stood at ease at 4:41 p.m., until the fall of the gavel.
(Senate File 2304 and amendment H-8112 pending.)

The House resumed session at 6:07 p.m., Speaker Siegrist in the
chair.

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 27, 2002, passed the following bill in which the concurrence of the House is
asked:

Senate File 2086, a bill for an act relating to the kilowatt threshold for electric
transmission line franchises, making related changes, and providing an effective date.

Also: That the Senate has on February 27, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2133, a bill for an act relating to real estate brokers, including defining
the activities of a real estate broker, licensure and insurance coverage, and providing a
penalty.

Also: That the Senate has on February 27, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2192, a bill for an act relating to highways and motor vehicles,
including condemnation of property by the state department of transportation,
registration, sale, and operation of certain vehicles, issuance of driver's licenses and
nonoperator's identification cards, regulation of oversize vehicles, and vehicle
manufacturers, distributors, and dealers, and providing penalties and effective dates.

Also: That the Senate has on February 27, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2195, a bill for an act relating to the uniform anatomical gift Act
including the document of gift, the release of identifying information, donors other than
the subject of the donation, and immunity provisions.

Also: That the Senate has on February 27, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2201, a bill for an act relating to nonsubstantive Code corrections and
including effective and retroactive applicability provisions.

Also: That the Senate has on February 27, 2002, passed the following bill in which
the concurrence of the House is asked:


Senate File 2232, a bill for an act relating to administrative sanctions for
fraudulent acts involving publicly funded child care.

Also: That the Senate has on February 27, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2258, a bill for an act relating to the board of educational examiners'
authority to determine whether an applicant for licensure or certification or for
renewal of a license is qualified for the license sought.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGES CONSIDERED

Senate File 2192, by committee on transportation, a bill for an
act relating to highways and motor vehicles, including condemnation
of property by the state department of transportation, registration,
sale, and operation of certain vehicles, issuance of driver's licenses
and nonoperator's identification cards, regulation of oversize vehicles,
and vehicle manufacturers, distributors, and dealers, and providing
penalties and effective dates.

Read first time and referred to committee on transportation

Senate File 2201, by committee on judiciary, a bill for an act
relating to nonsubstantive Code corrections and including effective
and retroactive applicability provisions.

Read first time and referred to committee on judiciary.

Senate File 2258, by committee on education, a bill for an act
relating to the board of educational examiners' authority to determine
whether an applicant for licensure or certification or for renewal of a
license is qualified for the license sought.

Read first time and referred to committee on education.

The House resumed consideration of Senate File 2304 and
amendment H-8112. (pending)

Dix of Butler in the chair at 6:58 p.m.

Wise of Lee moved the adoption of amendment H-8112.


Roll call was requested by Myers of Johnson and Murphy of
Dubuque.

On the question "Shall amendment H-8112 be adopted?" (S.F.
2304)

The ayes were, 44:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reeder Reynolds Richardson Scherrman
Schrader Seng Shoultz Smith
Stevens Taylor, D. Taylor, T. Tremmel
Warnstadt Winckler Wise Witt

 


The nays were, 55:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dolecheck Drake Eddie
Eichhorn Elgin Finch Garman
Gipp Grundberg Hahn Hansen
Heaton Hoffman Horbach Hoversten
Huseman Jacobs Jenkins Johnson
Jones Kettering Klemme Larson
Manternach Metcalf Millage Raecker
Rants Rayhons Rekow Roberts
Shey Siegrist, Spkr. Sievers Sukup
Tymeson Tyrrell Van Engelenhoven Van Fossen
Weidman Wilderdyke Dix,
Presiding

 


Absent or not voting, 1:
Teig

 


Amendment H-8112 lost.

RULE 31.8 SUSPENDED

Jenkins of Black Hawk asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments, for
the immediate consideration of amendment H-8121.

Jenkins of Black Hawk offered the following amendment H-8121
filed by Jenkins, Finch of Story, Millage of Scott, Brunkhorst of
Bremer and Grundberg of Polk from the floor and moved its adoption:

H-8121

1 Amend Senate File 2304, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, line 16, by inserting after the word
4 "magistrates" the following: "or other cost
5 reductions".
6 2. Page 8, line 19, by striking the word "this".
7 3. Page 8, line 26, by inserting after the figure
8 "2002." the following: "Subsection 2 does not apply
9 to justices, judges, and magistrates subject to this
10 subsection."
11 4. Page 8, line 32, by inserting after the figure
12 "1" the following: "and thereby decrease the
13 application of subsections 2 and 3. Any such decrease
14 involving employee furloughs and salary reductions
15 shall be applied proportionately between subsections 2
16 and 3".
17 5. Page 10, line 23, by inserting after the word
18 "state" the following: "or other cost reductions".
19 6. Page 10, line 33, by inserting after the
20 figure "2002." the following: "Subsection 2 does not
21 apply to elective executive branch officials subject
22 to this subsection."
23 7. Page 11, line 5, by inserting after the figure
24 "2002." the following: "Subsection 2 does not apply
25 to appointed executive branch officers subject to this
26 subsection."

Speaker Siegrist in the chair at 7:27 p.m.

On motion by Jenkins of Black Hawk amendment H-8121 was
adopted, placing out of order amendment H-8117 filed by Jenkins of
Black Hawk and Finch of Story from the floor.

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.

Rule 75 was invoked.

On the question "Shall the bill pass?" (S.F. 2304)


The ayes were, 54:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Garman Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Hoversten Huseman Jacobs Jenkins
Johnson Jones Kettering Klemme
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Sievers Tymeson
Tyrrell Van Engelenhoven Van Fossen Weidman
Wilderdyke Mr. Speaker
Siegrist

 


The nays were, 45:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reeder Reynolds Richardson Scherrman
Schrader Seng Shoultz Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


Absent or not voting, 1:
Teig

 


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: Senate
File 2304 and Senate Concurrent Resolution 114.


Regular Calendar

House File 2340, 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, was
taken up for consideration.

Boal of Polk 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. 2340)

The ayes were, 96:
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 Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kuhn
Larkin 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, T. Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wilderdyke
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, 3:
Kreiman Taylor, D. Tremmel

 


Absent or not voting, 1:
Teig

 



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

House File 2109, a bill for an act relating to the regulation of
games of skill or chance and raffles conducted for fundraising by
charitable, religious, educational, public, civic, or patriotic
organizations, or other entities, or between individuals, with report of
committee recommending amendment and passage, was taken up for
consideration.

Brauns of Muscatine offered the following amendment H-8062
filed by the committee on state government and moved its adoption:

H-8062

1 Amend House File 2109 as follows:
2 1. Page 4, by striking lines 18 through 27 and
3 inserting the following:
4 "Sec. . Section 99B.7, subsection 7, paragraphs
5 a and c, Code 2001, are amended by striking the
6 paragraphs."
7 2. By renumbering as necessary.

The committee amendment H-8062 was adopted.

Raecker of Polk offered the following amendment H-8090 filed by
him and Garman of Story and moved its adoption:

H-8090

1 Amend House File 2109 as follows:
2 1. By striking page 4, line 28 through page 5,
3 line 1.
4 2. By renumbering as necessary.

Amendment H-8090 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. 2109)


The ayes were, 79:
Alons Arnold Atteberry Baudler
Bell Boal Boggess Bradley
Brauns Broers Brunkhorst Bukta
Chiodo Cohoon Connors Dix
Dolecheck Dotzler Drake Eddie
Elgin Finch Foege Frevert
Gipp Hahn Hansen Hatch
Heaton Hoffman Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Rants Rayhons
Reeder Rekow Reynolds Richardson
Scherrman Schrader Seng Shoultz
Sievers Stevens Taylor, T. Tymeson
Tyrrell Warnstadt Weidman Wilderdyke
Winckler Wise Mr. Speaker
Siegrist

 


The nays were, 19:
Boddicker Carroll Cormack De Boef
Eichhorn Fallon Ford Garman
Greimann Grundberg Raecker Roberts
Shey Smith Sukup Taylor, D.
Tremmel Van Engelenhoven Witt

 


Absent or not voting, 2:
Teig Van Fossen

 


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

HOUSE FILE 2557 WITHDRAWN

Millage of Scott asked and received unanimous consent to
withdraw House File 2557 from further consideration by the House.

House File 2394, a bill for an act eliminating teacher licensure of
community college faculty; requiring community colleges to develop,
approve, and implement a quality faculty plan; and providing for
related matters and effective dates, was taken up for consideration.


Mascher of Johnson offered the following amendment H-8100 filed
by her and moved its adoption:

H-8100

1 Amend House File 2394 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. LEGISLATIVE INTENT.
5 1. It is the intent of the general assembly to
6 appropriate two million dollars to the department of
7 education for the fiscal year beginning July 1, 2002,
8 and ending June 30, 2003, which the department shall
9 distribute to community colleges in accordance with
10 the community college funding plan adopted by rule by
11 the state board of education.
12 2. If the general assembly does not appropriate at
13 least the amount specified in this section for the
14 fiscal year beginning July 1, 2002, and ending June
15 30, 2003, each community college shall reallocate the
16 resources in its budget to provide an equivalent
17 amount to the amount of state assistance the community
18 college would have received if the general assembly
19 had appropriated moneys as provided in subsection 1.
20 However, the community college may deduct from the
21 amount it must reallocate the total amount budgeted
22 for purposes of professional development for the
23 fiscal year beginning July 1, 2002, and ending June
24 30, 2003.
25 3. Moneys distributed to, or reallocated by, the
26 community colleges in accordance with this section
27 shall be used for professional development designed to
28 directly support best teaching practices."
29 2. By renumbering as necessary.

Amendment H-8100 lost.

Mascher of Johnson offered the following amendment H-8099 filed
by her and moved its adoption:

H-8099

1 Amend House File 2394 as follows:
2 1. Page 1, line 8, by striking the word
3 "instructors" and inserting the following:
4 "professional employees".
5 2. Page 1, line 11, by striking the word
6 "instructors" and inserting the following:
7 "professional employees".


Amendment H-8099 was adopted.

Dolecheck of Ringgold asked and received unanimous consent to
withdraw amendment H-8074 filed by him on February 20, 2002.

Dolecheck of Ringgold offered the following amendment H-8092
filed by him and moved its adoption:

H-8092

1 Amend House File 2394 as follows:
2 1. Page 3, by striking lines 6 and 7, and
3 inserting the following: "of education shall conduct
4 on-site visits to ensure each community college's".
5 2. Page 3, line 8, by inserting before the word
6 "By" the following: "At minimum, the department shall
7 visit five colleges each year until the department has
8 conducted on-site visits at each community college."
9 3. Page 5, by striking lines 1 through 14, and
10 inserting the following: "adopted shall at a minimum
11 require that full-time community college instructors
12 meet the following requirements:
13 a. Instructors in the subject area of career and
14 technical education shall be registered, certified, or
15 licensed in the occupational area in which the state
16 requires registration, certification, or licensure,
17 and shall hold the appropriate registration,
18 certificate, or license for the occupational area in
19 which the instructor is teaching, and shall meet
20 either of the following qualifications:
21 (1) a baccalaureate or graduate degree in the area
22 or a related area of study or occupational area in
23 which the instructor is teaching classes.
24 (2) Special training and at least six thousand
25 hours of recent and relevant work experience in the
26 occupational area or related occupational area in
27 which the instructor teaches classes if the instructor
28 possesses less than a baccalaureate degree.
29 b. Instructors in the subject area of arts and
30 sciences shall meet either of the following
31 qualifications:
32 (1) Possess a master's degree from a regionally
33 accredited graduate school, and has successfully
34 completed a minimum of twelve credit hours of graduate
35 level courses in each field of instruction in which
36 the instructor is teaching classes.
37 (2) Has two or more years of successful experience


38 in a professional field or area in which the
39 instructor is teaching classes and in which
40 postbaccalaureate recognition or professional
41 licensure is necessary for practice, including but not
42 limited to the fields or areas of accounting,
43 engineering, law, law enforcement, and medicine."
44 4. By renumbering as necessary.

Amendment H-8092 was adopted.

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. 2394)

The ayes were, 98:
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 Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larkin 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. Tremmel
Tymeson Tyrrell Van Engelenhoven Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 2:
Teig Van Fossen
The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

 

House File 2365, a bill for an act relating to certain documents
indexed and recorded with the county recorder, was taken up for
consideration.

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. 2365)

The ayes were, 97:
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 Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rayhons Reeder Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Van Engelenhoven Warnstadt Weidman
Wilderdyke Winckler Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 1:
Rants

 


Absent or not voting, 2:
Teig Van Fossen
The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

 


House File 2492, a bill for an act relating to farm aid
associations, by providing for the future termination of such
associations and election procedures to become governed under the
Iowa nonprofit corporation Act, and providing an effective date, was
taken up for consideration.

Johnson of Osceola 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. 2492)

The ayes were, 98:
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 Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Klemme Kreiman
Kuhn Larkin 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. Tremmel
Tymeson Tyrrell Van Engelenhoven Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Mr. Speaker
Siegrist

 




The nays were, none.

Absent or not voting, 2:
Teig Van Fossen

 


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 2109, 2340, 2365, 2394 and 2492.

HOUSE FILE 2236 REFERRED

The Speaker announced that House File 2236, presently placed on
the calendar was referred to committee on ways and means.

HOUSE FILE 2556 REFERRED

The Speaker announced that House File 2556, presently placed on
the calendar was referred to committee on state government.

SENATE FILE 2084 PASSED ON FILE

The Speaker announced that Senate File 2084, previously referred
to committee on commerce and regulation was passed on file.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on February 27,
2002. Had I been present, I would have voted "aye" on Senate File
2304 and amendment H-8104.

HUSER of Polk

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\469 Harriet Onthank, Grinnell - For celebrating her 80th birthday.

2002\470 Willis and Delores Montgomery, Brooklyn - For celebrating their
50th wedding anniversary.

2002\471 Ken and Kathryn Thompson, Brooklyn - For celebrating their 50th
wedding anniversary.

2002\472 John Peak, Grinnell - For celebrating his 80th birthday.

2002\473 Everett and Nellie Jansen, Sully - For celebrating their 65th
wedding anniversary.

2002\474 Kasey Deaver, Indianola - For winning the Class 3-A, 275 lb. State
Wrestling Championship.

2002\475 Charles and Neva Hungerford, Osage - For celebrating their 50th
wedding anniversary.

2002\476 Christina Thurnau, Osage - For celebrating her 100th birthday.

2002\477 Lawrence and Helen Peters, Charles City - For celebrating their
60th wedding anniversary.

2002\478 Bill and Lois Cross, Charles City - For celebrating their 60th
wedding anniversary.

2002\479 Walt Vining, Osage - For celebrating his 90th birthday.

2002\480 Mr. and Mrs. John Coyle, Monticello - For celebrating their 50th
wedding anniversary.

2002\481 Mr. and Mrs. Merlin Moore, Anamosa - For celebrating their 50th
wedding anniversary.

2002\482 Mr. and Mrs. Edwin Bergfeld, Cascade - For celebrating their 50th
wedding anniversary.

2002\483 Zachary Lane Spangler, Dubuque - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2002\484 Christopher J. Koppes, Dubuque - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2002\485 Dan Klenske, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\486 John Pilkington, North English - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2002\487 Scott Greene, North English - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2002\488 Boyd Parrish, Guthrie Center - For celebrating his 90th birthday.

2002\489 Bernard and Marjorie Grubbs, Adair - For celebrating their 50th
wedding anniversary.

2002\490 Marguerite Sheppard, Estherville - For celebrating her 87th
birthday.

2002\491 Loretta Spoo, Estherville - For celebrating her 81st birthday.

2002\492 Elbert Clark, Lake Park - For celebrating his 90th birthday.

2002\493 Einer and Mary Jo Jensen, Estherville - For celebrating their 60th
wedding anniversary.

2002\494 Jerry and Pat Caughron, Cantril - For celebrating their 50th
wedding anniversary.

2002\495 Frances Hite, Batavia - For celebrating her 100th birthday.

2002\496 Jonathan Cohen, Fairfield - For being awarded the Emblem of
Faith.

2002\497 Leona Sidwell, Fairfield - For celebrating her 92nd birthday.

2002\498 Lester Hootman, Douds - For celebrating his 90th birthday.

2002\499 Julia Cullum, Fairfield - For celebrating her 99th birthday.

2002\500 Grace Morelock, Waterloo - For celebrating her 88th birthday.

2002\501 Charles and Beverly Jean Hyke, Waterloo - For celebrating their
50th wedding anniversary.

2002\502 Lois Tooman, Waterloo - For celebrating her 90th birthday.

2002\503 Donald Waskow, Waterloo - For celebrating his 80th birthday.

2002\504 Edith Allen, Waterloo - For celebrating her 99th birthday.

2002\505 Marlyn and Reka Seehusen Flater, Waterloo - For celebrating their
50th wedding anniversary.

2002\506 Eric Lindeen, Mt. Pleasant - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2002\507 David Lindeen, Mt. Pleasant - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2002\508 John Murphy, Mt. Pleasant - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.


2002\509 Jason Bollman, Waukon - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2002\510 Clint Sellers, Chariton - For winning the Class 2-A, 189 lb. State
Wrestling Championship.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2206

Environmental Protection: Elgin, Chair; Cormack and Shoultz.

Senate File 2231

Human Resources: Hoversten, Chair; Kreiman and Roberts.

RESOLUTIONS FILED

HR 110, by Smith, Alons, Arnold, Atteberry, Bell, Boggess, Bradley,
Broers, Bukta, Chiodo, Cohoon, Connors, Cormack, Dolecheck,
Dotzler, Drake, Eichhorn, Fallon, Finch, Foege, Ford, Frevert,
Garman, Greimann, Grundberg, Hahn, Hatch, Heaton, Hoffman,
Horbach, Hoversten, Huser, Jenkins, Jochum, Johnson, Kettering,
Kreiman, Kuhn, Larkin, Lensing, Mascher, May, Mertz, Metcalf,
Millage, Murphy, Myers, Osterhaus, Petersen, Quirk, Raecker,
Rayhons, Reeder, Rekow, Reynolds, Richardson, Roberts, Scherrman,
Schrader, Seng, Shoultz, Siegrist, Sievers, Stevens, Sukup, D. Taylor,
T. Taylor, Teig, Tremmel, Tymeson, Tyrrell, Van Engelenhoven,
Wilderdyke, Winckler, Wise, and Witt, a resolution recognizing the
centennial of 4-H clubs.

Laid over under Rule 25.

HR 111, by Hoffman, a resolution congratulating Ms. Carissa
Meadows for receiving a 2002 Prudential Spirit of Community Award.

Laid over under Rule 25.

AMENDMENTS FILED

H-8103 H.F. 2493 Baudler of Adair
Bell of Jasper
H-8105 H.F. 2549 Wise of Lee


H-8106 H.F. 2382 Boddicker of Cedar
Kreiman of Davis
Reynolds of Van Buren
H-8107 H.F. 2549 Mascher of Johnson
H-8108 H.F. 2516 Lensing of Johnson
H-8109 H.F. 2378 Jenkins of Black Hawk
H-8110 H.F. 2549 Stevens of Dickinson
H-8111 H.F. 2290 Brunkhorst of Bremer
H-8114 H.F. 2549 Mascher of Johnson
H-8115 H.F. 2453 Horbach of Tama
H-8116 H.F. 2489 Johnson of Osceola
H-8118 H.F. 2181 Sievers of Scott
Richardson of Warren
H-8119 H.F. 2366 Baudler of Adair
H-8120 H.F. 2491 Metcalf of Polk
H-8122 H.F. 2532 Dotzler of Black Hawk
H-8123 H.F. 2453 Johnson of Osceola
H-8124 H.F. 2405 Fallon of Polk
H-8125 H.F. 2554 Gipp of Winneshiek
H-8126 H.F. 2515 Richardson of Warren
Reynolds of Van Buren Mertz of Kossuth
Kreiman of Davis Hoffman of Crawford
Kettering of Sac Johnson of Osceola
H-8127 S.F. 2210 Fallon of Polk

On motion by Rants of Woodbury the House adjourned at 9:32
p.m., until 8:30 a.m., Thursday, February 28, 2002.


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