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House Journal: Monday, March 11, 2002

JOURNAL OF THE HOUSE

Fifty-seventh Calendar Day - Thirty-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, March 11, 2002

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

Prayer was offered by the Honorable Bob Osterhaus, state
representative from Jackson County.

The Journal of Friday, March 8, 2002 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by fifth grade students from
Fisher Elementary School in Marshalltown. They were the guests of
Representative Mark Smith of Marshall County. The "Star Spangled
Banner" was sung by Joni Carroll. She is the daughter of
Representative Danny Carroll of Poweshiek County.

SENATE MESSAGES CONSIDERED

Senate File 2124, by committee on state government, a bill for an
act relating to the department of public defense by amending the
state military code and the Iowa code of military justice, creating a
statewide mutual aid compact, providing for the confidentiality of
certain records, exempting the department of public defense from
certain state service contract requirements and state competitive
bidding requirements, exempting the Iowa technology center from
anticompetition provisions, increasing a standing appropriation,
providing criminal penalties for violations, and providing effective
dates.

Read first time and referred to committee on state government.

Senate File 2275, by committee on judiciary, a bill for an act
relating to statutory corrections which may adjust language to reflect
current practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and

conflicts, update ongoing provisions, or remove ambiguities and
including effective and retroactive applicability date provisions.

Read first time and referred to committee on judiciary

Senate File 2286, by committee on judiciary, a bill for an act
relating to the civil commitment of sexually violent predators, and
providing an effective date.

Read first time and referred to committee on judiciary.

SPECIAL PRESENTATION

In celebration of "March Women Back Into History Month" the
following representatives sang "Bread and Roses" with a brief
explanation regarding women’s suffrage by the Honorable Pam
Jochum, state representative from Dubuque County:

Atteberry of Delaware, Bukta of Clinton, Garman of Story,
Greimann of Story, Lensing of Johnson, Mascher of Johnson, Mertz of
Kossuth, Petersen of Polk, Reeder of Fayette, Reynolds of Van Buren
and Winckler of Scott.

On motion by Rants of Woodbury, the House was recessed at 1:16
p.m., until 3:30 p.m.

AFTERNOON SESSION

The House reconvened at 3:34 p.m., Speaker Siegrist in the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Tyrrell of Iowa on request of Rants of Woodbury.

QUORUM CALL

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

CONSIDERATION OF BILLS
Regular Calendar

Senate File 374, a bill for an act relating to the qualifications and
authorization of therapeutically certified optometrists engaged in the
practice of optometry, with report of committee recommending
amendment and passage, was taken up for consideration.

The House stood at ease at 3:39 p.m., until the fall of the gavel.

The House resumed session at 4:53 p.m., Carroll of Poweshiek in
the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Rayhons of Hancock on request of Rants of Woodbury.

Gipp of Winneshiek in the chair at 4:57 p.m.

QUORUM CALL

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

The House resumed consideration of Senate File 374.

Boddicker of Cedar offered the following amendment H-8066 filed
by the committee on human resources and moved its adoption:

H-8066

1 Amend Senate File 374, as passed by the Senate, as
2 follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 154.1, unnumbered paragraph 3,
6 Code 2001, is amended to read as follows:
7 Therapeutically certified optometrists may employ
8 ~~the following pharmaceuticals: topical pharmaceutical~~
9 ~~agents, oral antimicrobial agents, oral~~
10 ~~antihistamines, oral antiglaucoma agents, and oral~~
11 ~~analgesic agents,~~ all diagnostic and therapeutic
12 pharmaceutical agents for the purpose of diagnosis and

13 treatment of conditions of the human eye and adnexa,
14 pursuant to this paragraph, excluding the use of
15 injections other than to counteract an anaphylactic
16 reaction, and notwithstanding section 147.107, may
17 without charge supply any of the above ~~listed~~
18 pharmaceuticals to commence a course of therapy.
19 Therapeutically certified optometrists may prescribe
20 oral steroids for a period not to exceed fourteen days
21 without consultation with a primary care physician.
22 Therapeutically certified optometrists shall not
23 prescribe oral Imuran or oral Methotrexate.
24 Therapeutically certified optometrists may be
25 authorized, where reasonable and appropriate, by rule
26 of the board, to employ new diagnostic and therapeutic
27 pharmaceutical agents approved by the United States
28 food and drug administration on or after July 1, 2002,
29 for the diagnosis and treatment of the human eye and
30 adnexa. The board shall not be required to adopt
31 rules relating to topical pharmaceutical agents, oral
32 antimicrobial agents, oral antihistamines, oral
33 antiglaucoma agents, and oral analgesic agents.
34 Superficial foreign bodies may be removed from the
35 human eye and adnexa. ~~These~~ The therapeutic efforts
36 of a therapeutically certified optometrist are
37 intended for the purpose of examination, diagnosis,
38 and treatment of visual defects, abnormal conditions
39 and diseases of the human eye and adnexa, for proper
40 optometric practice or referral for consultation or
41 treatment to persons licensed under chapter 148 or
42 150A. A therapeutically certified optometrist is an
43 optometrist who is licensed to practice optometry in
44 this state and who is certified by the board of
45 optometry examiners to use the agents and procedures
46 ~~listed in~~ authorized pursuant to this paragraph. A
47 therapeutically certified optometrist shall be
48 provided with a distinctive certificate by the board
49 which shall be displayed for viewing by the patients
50 of the optometrist.

Page 2

1 Sec. 2. EMERGENCY RULES. The board of optometry
2 examiners may adopt emergency rules under section
3 17A.4, subsection 2, and section 17A.5, subsection 2,
4 paragraph "b", to implement the provisions of this
5 Act, and the rules shall become effective immediately
6 upon filing, unless a later effective date is
7 specified in the rules. Any rules adopted in
8 accordance with the provisions of this section shall
9 also be published as notice of intended action as
10 provided in section 17A.4.
11 Sec. 3. EFFECTIVE DATE. Section 2 of this Act,

12 relating to the adoption of emergency rules, being
13 deemed of immediate importance, takes effect upon
14 enactment."
15 2. Title page, line 3, by inserting after the
16 word "optometry" the following: ", and providing an
17 effective date".

The committee amendment H-8066 was adopted.

Boddicker of Cedar 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. 374)

The ayes were, 92:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	Dix	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Fallon	Finch	Foege
Ford	Frevert	Garman	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	Millage	Murphy
Myers	O'Brien	Osterhaus	Petersen
Quirk	Raecker	Rants	Reeder
Rekow	Reynolds	Richardson	Roberts
Scherrman	Schrader	Seng	Shey
Shoultz	Siegrist, Spkr.	Sievers	Smith
Stevens	Taylor, D.	Taylor, T.	Tremmel
Tymeson	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Winckler	Wise	Gipp,
			Presiding

The nays were, 2:

Metcalf	Witt

Absent or not voting, 6:

De Boef	Rayhons	Sukup	Teig
Tyrrell	Wilderdyke
The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to.

House File 2281, a bill for an act requiring the licensure of
landscape architects, with report of committee recommending
passage, was taken up for consideration.

Bradley of Clinton 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. 2281)

The ayes were, 92:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	Dix	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Fallon	Finch	Foege
Ford	Frevert	Greimann	Grundberg
Hahn	Hansen	Hatch	Heaton
Hoffman	Horbach	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	Reeder	Rekow
Reynolds	Richardson	Roberts	Scherrman
Schrader	Seng	Shey	Shoultz
Siegrist, Spkr.	Sievers	Smith	Stevens
Taylor, D.	Taylor, T.	Tremmel	Tymeson
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Winckler	Wise	Witt	Gipp,
			Presiding

The nays were, 2:

Garman	Hoversten

Absent or not voting, 6:

De Boef	Rayhons	Sukup	Teig
Tyrrell	Wilderdyke

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

House File 2496, a bill for an act prohibiting false compartments
in vehicles for the purpose of intentionally concealing or transporting
controlled substances and providing for penalties, was taken up for
consideration.

Kreiman of Davis offered the following amendment H-8129 filed by
him and Baudler of Adair and moved its adoption:

H-8129

1 Amend House File 2496 as follows:
2 1. Page 1, line 5, by striking the words "a
3 controlled" and inserting the following: "an illegal
4 controlled".
5 2. Page 1, line 10, by striking the words "a
6 controlled" and inserting the following: "an illegal
7 controlled".
8 3. Page 1, line 23, by striking the words "a
9 controlled" and inserting the following: "an illegal
10 controlled".
11 4. Title page, line 2, by inserting after the
12 word "transporting" the following: "illegal".

Amendment H-8129 was adopted.

Baudler of Adair 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. 2496)

The ayes were, 90:

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

The nays were, 4:

Fallon	Mascher	Shoultz	Witt

Absent or not voting, 6:

De Boef	Rayhons	Sukup	Teig
Tyrrell	Wilderdyke

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

House File 2534, a bill for an act relating to the rendering of
disaster and emergency care by physician assistants, was taken up
for consideration.

Tymeson of Madison offered the following amendment H-8131 filed
by her and moved its adoption:

H-8131

1 Amend House File 2534 as follows:
2 1. Page 1, by inserting before line 1, the
3 following:
4 "Section 1. Section 147A.10, Code 2001, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 4. A physician, physician's
7 designee, advanced registered nurse practitioner, or
8 physician assistant who voluntarily and gratuitously,
9 and other than in the ordinary course of employment or
10 practice, responds to a need for medical care created
11 by an emergency or a state or local disaster, is not
12 subject to criminal liability by reason of having
13 issued or executed the orders for such care that the
14 physician, physician's designee, advanced registered
15 nurse practitioner, or physician assistant is
16 authorized to provide, and is not liable for civil

17 damages for acts or omissions relating to the issuance
18 or execution of the orders unless the acts or
19 omissions constitute recklessness."
20 2. Page 1, line 19, by striking the letter "a."
21 3. By striking page 1, line 33 through page 2,
22 line 10.
23 4. Title page, line 2, by striking the words "by
24 physician assistants".
25 5. By renumbering as necessary.

Amendment H-8131 was adopted.

Tymeson of Madison 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. 2534)

The ayes were, 94:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	Dix	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Fallon	Finch	Foege
Ford	Frevert	Garman	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	Murphy
Millage	Myers	O'Brien	Osterhaus
Petersen	Quirk	Raecker	Rants
Reeder	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Siegrist, Spkr.	Sievers
Smith	Stevens	Taylor, D.	Taylor, T.
Tremmel	Tymeson	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Winckler	Wise
Witt	Gipp,
	Presiding

The nays were, none.

Absent or not voting, 6:

De Boef	Rayhons	Sukup	Teig
Tyrrell	Wilderdyke

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

House File 2494, a bill for an act authorizing the district court to
enter judgment based upon the parties' stipulated agreement in civil
actions, was taken up for consideration.

Speaker Siegrist in the chair at 5:48 p.m.

Eichhorn of Hamilton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (H.F. 2494)

The ayes were, 93:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Cormack	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
Reeder	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Sievers	Smith
Stevens	Taylor, D.	Taylor, T.	Tremmel
Tymeson	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Winckler	Wise	Witt
Mr. Speaker
Siegrist
The nays were, none.

Absent or not voting, 7:

Connors	De Boef	Rayhons	Sukup
Teig	Tyrrell	Wilderdyke

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

House File 2530, a bill for an act providing for the control of
pseudorabies, and making penalties applicable, was taken up for
consideration.

Manternach of Jones 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. 2530)

The ayes were, 93:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Cormack	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
Reeder	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Sievers	Smith
Stevens	Taylor, D.	Taylor, T.	Tremmel
Tymeson	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Winckler	Wise	Witt
Mr. Speaker
Siegrist

The nays were, none.

Absent or not voting, 7:

Connors	De Boef	Rayhons	Sukup
Teig	Tyrrell	Wilderdyke

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

House File 2495, a bill for an act providing for the issuance of no-
contact orders against persons who are arrested for the crime of
sexual abuse, was taken up for consideration.

Tremmel of Wapello 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. 2495)

The ayes were, 93:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Cormack	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
Reeder	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Sievers	Smith
Stevens	Taylor, D.	Taylor, T.	Tremmel
Tymeson	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Winckler	Wise	Witt
Mr. Speaker
Siegrist

The nays were, none.

Absent or not voting, 7:

Connors	De Boef	Rayhons	Sukup
Teig	Tyrrell	Wilderdyke

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

SENATE FILE 2146 PASSED ON FILE

The Speaker announced that Senate File 2146, previously referred
to committee on judiciary was passed on file.

House File 2560, 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, was
taken up for consideration.

RULE 31.8 SUSPENDED

Millage of Scott asked and received unanimous consent to suspend
Rule 31.8, relating to the timely filing of amendments, for the
immediate consideration of amendment H-8227.

Millage of Scott offered the following amendment H-8227 filed by
him from the floor and moved its adoption:

H-8227

1 Amend House File 2560 as follows:
2 1. Page 1 by striking lines 1 through 30.
3 2. Page 1, by striking line 31 and inserting the
4 following:
5 "DIVISION I"
6 3. Page 2, line 4, by inserting after the word
7 "means" the following: "knowingly".
8 4. Page 2, line 9, by inserting after the word
9 "materials" the following: ", for the purpose of
10 assisting a person in the commission of an act of
11 terrorism".
12 5. Page 2, by striking lines 30 and 31.

13 6. Page 2, lines 34 and 35, by striking the words
14 "or to affect the conduct of a unit of government" and
15 inserting the following: "by shooting, throwing,
16 launching, discharging, or otherwise using a dangerous
17 weapon at, into, or in a building, vehicle, airplane,
18 railroad engine, railroad car, or boat, occupied by
19 another person, or within an assembly of people".
20 7. Page 4, by striking line 6 and inserting the
21 following:
22 "DIVISION II"
23 8. Page 4, line 10, by striking the letter ""C""
24 and inserting the following: "~~"C"~~ "B"".
25 9. Page 4, line 19, by striking the letter ""D""
26 and inserting the following: "~~"D"~~ "C"".
27 10. Title page, by striking lines 1 through 7 and
28 inserting the following: "An Act establishing
29 criminal offenses for acts of terrorism, changing
30 related penalties, and providing a penalty."
31 11. By renumbering as necessary.

Amendment H-8227 was adopted.

SENATE FILE 2146 SUBSTITUTED FOR HOUSE FILE 2560

Millage of Scott asked and received unanimous consent to
substitute Senate File 2146 for House File 2560.

Senate File 2146, a bill for an act establishing a criminal offense
for acts of terrorism, changing related criminal penalties, and
providing a penalty, was taken up for consideration.

RULE 31.8 SUSPENDED

Millage of Scott asked and received unanimous consent to suspend
Rule 31.8, relating to the timely filing of amendments, for the
immediate consideration of amendment H-8231.

Millage of Scott offered the following amendment H-8231 filed by
him from the floor and moved its adoption:

H-8231

1 Amend Senate File 2146, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, line 4, by inserting after the word
4 "coercion," the following: "or to affect the conduct
5 of a unit of government,".

6 2. Page 2, by inserting after line 8 the
7 following:
8 "Sec. . NEW SECTION. 708A.1A TERRORISM.
9 A person who commits or attempts to commit an act
10 of terrorism commits a class "B" felony. However,
11 notwithstanding section 902.9, subsection 2, the
12 maximum sentence for a person convicted under this
13 section shall be a period of confinement of not more
14 than fifty years."
15 3. Page 3, line 18, by striking the letters "~~"C"~~
16 "B"" and inserting the following: ""C"".
17 4. Page 3, line 27, by striking the letters "~~"D"~~
18 "C"" and inserting the following: ""D"".

Amendment H-8231 was adopted.

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. 2146)

The ayes were, 93:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	Dix	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	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
Reeder	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Sievers	Smith
Stevens	Taylor, D.	Taylor,T	Tremmel
Tymeson	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Winckler	Wise	Witt
Mr. Speaker
Siegrist

The nays were, 1:

Fallon

Absent or not voting, 6:

De Boef	Rayhons	Sukup	Teig
Tyrrell	Wilderdyke

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

HOUSE FILE 2560 WITHDRAWN

Millage of Scott asked and received unanimous consent to
withdraw House File 2560 from further consideration by the House.

House File 2516, a bill for an act relating to the daily observance
of a minute of silence in a school district, was taken up for
consideration.

Rants of Woodbury asked and received unanimous consent to
withdraw amendment H-8093 filed by Rayhons of Hancock on
February 26, 2002.

Lensing of Johnson asked and received unanimous consent to
withdraw amendment H-8108 filed by her on February 27, 2002.

Cormack of Webster offered amendment H-8132 filed by him and
Sukup of Franklin as follows:

H-8132

1 Amend House File 2516 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Sec. 101. NEW SECTION. 279.60 DISPLAY OF UNITED
5 STATES FLAG IN CLASSROOMS.
6 In addition to the requirements of section 280.5,
7 the board of directors of each school district shall
8 cause a United States flag in good condition to be
9 displayed during school hours in each public school
10 classroom in the district. The size of the flag shall
11 be not less than two feet by three feet."
12 2. Page 1, by inserting after line 12 the
13 following:
14 "Sec. . STATE MANDATE FUNDING SPECIFIED. In

15 accordance with section 25B.2, subsection 3, the state
16 cost of requiring compliance with any state mandate
17 included in this Act shall be paid by a school
18 district from state school foundation aid received by
19 the school district under section 257.16. This
20 specification of the payment of the state cost shall
21 be deemed to meet all the state funding-related
22 requirements of section 25B.2, subsection 3, and no
23 additional state funding shall be necessary for the
24 full implementation of this Act by and enforcement of
25 this Act against all affected school districts.
26 Sec. . EFFECTIVE DATE. Section 101 of this Act
27 takes effect July 1, 2003."
28 3. Title page, line 1, by inserting after the
29 words "relating to" the following: "the display of a
30 United States flag in each classroom during school
31 hours and".
32 4. Title page, line 2, by inserting after the
33 word "district" the following: ", and providing an
34 effective date".

Grundberg of Polk offered the following amendment H-8230, to
amendment H-8132, filed by her from the floor and moved its
adoption:

H-8230

1 Amend the amendment, H-8132, to House File 2516, as
2 follows:
3 1. Page 1, by striking lines 10 and 11 and
4 inserting the following: "classroom in the
5 district.""

Amendment H-8230 was adopted.

Division of amendment H-8132 was requested as follows:

Lines 2 through 11, Division A.
Lines 12 through 27, Division B.
Lines 28 through 34 Division A.

Rants of Woodbury asked and received unanimous consent that
House File 2516 be temporarily deferred (Amendment H-8132A, as
amended, and Division B, pending)

INTRODUCTION OF BILL

House File 2585, by committee on ways and means, a bill for an
act relating to the abatement of state sales and use taxes and local
sales and service taxes of purchasers of certain access to on-line
computer services and providing refunds, and including effective and
applicability date provisions.

Read first time and referred to the ways and means calendar.
SENATE MESSAGE CONSIDERED

Senate File 2106, a bill for an act relating to marriage including
premarital education marriage license fees.

Read first time and referred to committee on human resources.

House File 2482, a bill for an act expanding the board of
educational examiners' authority with regard to licensee disciplinary
investigations and proceedings, was taken up for consideration.

Tymeson of Madison 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. 2482)

The ayes were, 92:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	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	Rants
Reeder	Rekow	Reynolds	Roberts
Scherrman	Schrader	Seng	Shey
Shoultz	Sievers	Smith	Stevens
Taylor, D.	Taylor, T.	Tremmel	Tymeson
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Winckler	Wise	Witt	Mr. Speaker
			Siegrist

The nays were, none.

Absent or not voting, 8:

De Boef	Raecker	Rayhons	Richardson
Sukup	Teig	Tyrrell	Wilderdyke

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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Raecker of Polk on request of Rants of Woodbury.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2281, 2482, 2494, 2495, 2496, 2530, 2534, Senate Files 374
and 2146.

The House resumed consideration of House File 2516, amendment
H-8132 Division A, as amended, and Division B.

Cormack of Webster asked and received unanimous consent that
amendment H-8132A, as amended, be deferred.

Cormack of Webster asked and received unanimous consent to
withdraw amendment H-8132B

Huser of Polk offered amendment H-8236, to amendment H-
8132A, filed by her from the floor and requested division as follows:

H-8236

1 Amend the amendment, H-8132, to House File 2516, as
2 follows:

H-8236A

3 1. Page 1, line 7, by striking the word "shall"
4 and inserting the following: "may".

H-8236B

5 2. Page 1, line 8, by inserting before the word
6 "United" the following: "American-made".

On motion by Mascher of Johnson, amendment H-8236A lost.

On motion by Huser of Polk, amendment H-8236B was adopted.

On motion by Cormack of Webster amendment H-8132A,
previously deferred, as amended, 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. 2516)

The ayes were, 73:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Carroll	Chiodo	Cohoon	Connors
Cormack	Dix	Dolecheck	Drake
Eddie	Eichhorn	Elgin	Finch
Ford	Frevert	Garman	Gipp
Grundberg	Hahn	Hansen	Heaton
Hoffman	Horbach	Hoversten	Huseman
Huser	Jacobs	Jenkins	Johnson
Jones	Kettering	Klemme	Kreiman
Kuhn	Larkin	Larson	Manternach
May	Mertz	Millage	O'Brien
Quirk	Rants	Reeder	Rekow
Roberts	Seng	Shey	Sievers
Smith	Stevens	Sukup	Taylor, D.
Tremmel	Tymeson	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Winckler	Wise
Mr. Speaker
Siegrist

The nays were, 19:

Bukta	Dotzler	Fallon	Greimann
Hatch	Jochum	Lensing	Mascher
Metcalf	Murphy	Myers	Osterhaus
Petersen	Reynolds	Scherrman	Schrader
Shoultz	Taylor, T.	Witt

Absent or not voting, 8:

De Boef	Foege	Raecker	Rayhons
Richardson	Teig	Tyrrell	Wilderdyke

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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2516 be immediately messaged to the Senate.

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 11th day of March, 2002: House Files 2112, 2340, 2345 and 2492.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Twenty-four government students from Graceland University,
Lamoni, accompanied by Bill Russell. By Dolecheck of Ringgold.

Eighty-seven third grade students from Lincoln and Bryant
Schools, Boone. By O'Brien of Boone.
COMMUNICATION RECEIVED

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

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
Office of Renewable Fuels and Co-Products

The Fiscal Year 2002 Semi-Annual Report, pursuant to Chapter 159A, Code of
Iowa.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2002\640 Tim Devine, Fort Madison/Aquinas High School - For being named
a State of Iowa Scholar.

2002\641 Caton Waters, Fort Madison High School - For being named a State
of Iowa Scholar.

2002\642 Kara Vande Krol, Fort Madison High School - For being named a
State of Iowa Scholar.

2002\643 Michael Thompson, Fort Madison High School - For being named a
State of Iowa Scholar.

2002\644 Jennifer Montgomery, Fort Madison High School - For being named
a State of Iowa Scholar.

2002\645 Heather Kessler, Fort Madison High School - For being named a
State of Iowa Scholar.

2002\646 Sarah Jordan, Fort Madison High School - For being named a State
of Iowa Scholar.

2002\647 Kristan Hellige, Fort Madison High School - For being named a
State of Iowa Scholar.

2002\648 Katherine Harvey, Fort Madison High School - For being named a
State of Iowa Scholar.

2002\649 Abby Garner, Fort Madison High School - For being named a State
of Iowa Scholar.

2002\650 Dana Denning, Fort Madison High School - For being named a
State of Iowa Scholar.

2002\651 Espnola Cartmill, Fort Madison High School - For being named a
State of Iowa Scholar.

2002\652 Emily Schwartz, Central Lee High School - For being named a
State of Iowa Scholar.

2002\653 Cory Johnson, Central Lee High School - For being named a State
of Iowa Scholar.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2144

Judiciary: Raecker, Chair; Kreiman and Shey.

Senate File 2309

Agriculture: Manternach, Chair; Boggess, Frevert, Johnson and Kreiman.

HOUSE STUDY BILL COMMITTEE ASSIGNMENT

H.S.B. 711 Ways and Means

Relating to property tax relief and school infrastructure purposes by
distributing certain state sales tax revenues to school districts for
property tax relief or school infrastructure purposes if approved by a
vote of the electorate, providing a penalty, and including an effective
date.

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 WAYS AND MEANS

Committee Bill (Formerly House File 2006), relating to the abatement of state
sales and use taxes and local sales and service taxes of purchasers of certain access to
on-line computer services and providing refunds, and including effective and
applicability date provisions.

Fiscal Note is not required.

Recommended Do Pass March 11, 2002.

Committee Bill (Formerly House Study Bill 707), allowing a tax credit for equity
investments in venture capital funds and including an effective and retroactive
applicability date provision.

Fiscal Note is not required.

Recommended Amend and Do Pass March 11, 2002.

RESOLUTION FILED

HR 112, by Lensing, Myers, Mascher, and Foege, a resolution
recognizing the success of the University of Iowa Dance Marathon.

Laid over under Rule 25.

AMENDMENTS FILED

H-8224 H.F. 2515 Brunkhorst of Bremer
H-8225 H.F. 2515 Gipp of Winneshiek
H-8226 H.F. 2541 Eichhorn of Hamilton
H-8228 H.F. 2430 Carroll of Poweshiek
H-8229 H.F. 2509 Shey of Linn
H-8232 H.F. 2547 Roberts of Carroll
H-8233 H.F. 2518 Heaton of Henry
Grundberg of Polk
H-8234 H.F. 2549 Wise of Lee
Carroll of Poweshiek
Grundberg of Polk
H-8235 H.F. 2565 Kettering of Sac
H-8237 H.F. 2549 Carroll of Poweshiek
H-8238 H.F. 2430 Carroll of Poweshiek
H-8239 H.F. 2549 Carroll of Poweshiek
H-8240 H.F. 2501 Kreiman of Davis
H-8241 H.F. 2502 Tremmel of Wapello
H-8242 H.F. 2546 Tremmel of Wapello
H-8243 H.F. 2555 Ford of Polk
H-8244 H.F. 2555 Tremmel of Wapello
H-8245 H.F. 2564 Tremmel of Wapello
H-8246 H.F. 2436 Petersen of Polk
H-8247 H.F. 2553 Baudler of Adair

On motion by Rants of Woodbury the House adjourned at 7:39
p.m., until 8:45 a.m., Tuesday, March 12, 2002.

Previous Day: Friday, March 8	Next Day: Tuesday, March 12
Senate Journal: Index	House Journal: Index
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