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House Journal: Friday, March 22, 2002

JOURNAL OF THE HOUSE

Sixty-eighth Calendar Day - Forty-seventh Session Day

Hall of the House of Representatives
Des Moines, Iowa, Friday, March 22, 2002

The House met pursuant to adjournment at 9:20 a.m., Cormack of
Webster in the chair.

The Journal of Thursday, March 21, 2002 was approved.

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
March 21, 2002, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2075, a bill for an act relating to the repayment of moneys appropriated
from the endowment for Iowa's health account of the tobacco settlement trust fund for
purposes of the student achievement and teacher quality program.

Also: That the Senate has on March 21, 2002, amended and passed the following
bill in which the concurrence of the House is asked:

House File 2116, a bill for an act updating the Iowa Code references to the Internal
Revenue Code, repealing an adjustment to net income for capital gains from
installment sales, relating to an adjustment to income for school district income surtax
paid, providing that refunds from the federal rebate are not taxable, correcting a
reference in the innocent spouse statute, and providing retroactive applicability dates
and an effective date.

Also: That the Senate has on March 21, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2248, a bill for an act relating to the designation of a Bill of Rights Day.

Also: That the Senate has on March 21, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2310, a bill for an act relating to vendor contracts for the statewide
underground facility notification center.

Also: That the Senate has on March 21, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2341, a bill for an act relating to electric transmission lines.

Also: That the Senate has on March 21, 2002, amended and passed the following
bill in which the concurrence of the House is asked:

House File 2532, a bill for an act relating to public retirement systems and
providing effective and retroactive applicability dates.

Also: That the Senate has on March 21, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2546, a bill for an act classifying the criminal offense of assault as a
general intent crime.

MICHAEL E. MARSHALL, Secretary

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on March 21, 2002, he approved and transmitted to the Secretary of
State the following bills:

House File 2183, an act relating to the authority of the board of directors of a school
district to change the number of directors or the method of election of directors
following a federal decennial census and providing an effective date.

House File 2487, an act relating to the designation of specific children's hospitals as
qualified hospitals under the medical assistance disproportionate share hospital
payment program.

Senate File 2141, an act authorizing sheriffs to appoint civil process servers.

Senate File 2212, an act relating to secured transactions, by providing for landlord
liens.

GOVERNOR'S VETO MESSAGE

A copy of the following communication was received and placed on
file:

March 21, 2002

The Honorable Mary Kramer
President of the Senate
State Capitol Building
L O C A L

Dear President Kramer:

I hereby transmit Senate File 2048, an act prohibiting disbursements of moneys
from the Vision Iowa fund to entities entering into certain labor-related agreements,
and providing an effective date.

I am unable to approve Senate File 2048. This bill would deny public entities that
receive funding from the Vision Iowa program the same tool private entities use
regularly to ensure quality work and timely completion on a project. Denying this tool
may result in taxpayers paying more for a project due to poor workmanship, incurring
cost overruns and repairs following the completion of a project. Poor workmanship can
also increase the likelihood of accidents and expose the public to additional liability.
Public entities should have the ability to use project labor agreements as a tool if
officials deem it to be in the citizens' best interest.

Furthermore, local governments are granted home rule power and authority under
the Iowa Constitution to determine local affairs. Senate File 2048 restricts local
governments' ability to enter into agreements even if such involvement benefits the
public's interests. If project labor agreements were to be banned, public entities would
need a legal framework that ensures minimum qualifications for workers guaranteeing
the quality and timeliness of work performed on publicly funded projects.

Ensuring quality and timeliness is a function of the experience and training of
workers involved. Experience and training are reflected in the wages paid to workers.
I acknowledged early on in the debate that a level playing field must exist for bidding,
and I worked to develop a framework with lawmakers that would provide for
competitive bids while maintaining quality and timeliness of work. My plan would
replace the current project labor agreement structure with a prevailing wage and
minimum qualifications for workers on publicly funded projects. With such a plan,
quality, timeliness, competitive bidding, and wage concerns are all addressed.
Unfortunately, the Legislature declined to address these concerns.

Iowa needs a system that focuses on the lowest qualified competitive bid to ensure
that work is done properly, on-time, without increased maintenance and repair
expenses, and without increased exposure to liability. Senate File 2048 does not
accomplish this goal and, in fact, restricts it in some instances.

For the above reasons, I hereby respectfully disapprove Senate File 2048. Public
entities will still have the ability to decide whether to use project labor agreements as a
tool or not, depending on what is in the best public interest.

Sincerely,
Thomas J. Vilsack
Govenor

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT

House Study Bill 712

Commerce and Regulation: Hansen, Chair; Chiodo and Hoffman.

RESOLUTION FILED

HR 115, by Smith, Dotzler, Osterhaus, Alons, Sherrman, Atteberry,
Kreiman, Murphy, Huseman, Mertz, Foege, Kettering, Johnson,
O'Brien, Boddicker, Arnold, Greimann, Reeder, Boggess, Lensing,

Van Engelenhoven, Larkin, Cohoon, Bukta, Eddie, Garman, Roberts,
Connors, Huser, Hoffman, Jones, Grundberg, Finch, Shey,
Warnstadt, Weidman, Winckler, Richardson, Stevens, Mascher,
Petersen, Broers, Seng, Bradley, Brunkhorst, Boal, Dolecheck, Hahn,
T. Taylor, Carroll, Bell, Jochum, Jacobs, Elgin, Hoversten, Quirk,
Tymeson, Tremmel, Larson, Reynolds, May, Shoultz, Millage, Wise,
Hatch, Wilderdyke, Eichhorn, Cormack, Chiodo, Dix, Siegrist, Sukup,
and Van Fossen, a resolution commemorating the Ninetieth
Anniversary of the Girl Scouts.

Laid over under Rule 25.

AMENDMENTS FILED

H-8417 H.F. 2075 Senate Amendment
H-8418 H.F. 2116 Senate Amendment
H-8419 H.F. 2532 Senate Amendment

On motion by Hansen of Pottawattamie the House adjourned at
9:21 a.m., until 11:00 a.m., Monday, March 25, 2002.


Previous Day: Thursday, March 21Next Day: Monday, March 25
Senate Journal: Index House Journal: Index
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