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House Journal: Thursday, April 4, 2002

JOURNAL OF THE HOUSE

Eighty-first Calendar Day - Fifty-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 4, 2002

The House met pursuant to adjournment at 8:52 a.m., Carroll of
Poweshiek in the chair.

Prayer was offered by the Honorable Mike O'Brien, state
representative from Boone County.

The Journal of Wednesday, April 3, 2002 was approved.

SPECIAL PRESENTATIONS

Prior to convening Curt Carroll, the son of the Honorable Danny
Carroll, state representative from Poweshiek County, played the
violin before the House.

The House rose and expressed its appreciation and welcome.

In honor of their fifty-seventh wedding anniversary, the Honorable
John Connors and his wife Marge played a song "If That Ainít Love"
before the House.

Jenkins of Black Hawk introduced to the House a special
delegation of the Embassy of the Peopleís Republic of China
including: the Minister Counselor Dai Yunlou, First Secretary Wang
Zhongnan, First Secretary Zhao Baoqing and First Secretary Zhong
Chuanshui.

The House rose and expressed it welcome.

PELLA TULIP FESTIVAL

Van Engelenhoven of Mahaska presented to the House, Hillary
Recker, Queen of the 2002 Pella Tulip Festival and escorted her and
her court to the Speakerís station.


Queen Recker presented her attendants, Sarah Way, Amy Van
Hall, Andrea Vander Wilt, and Heather Vande Lune.

Also present from Pella were the parents of the Queen and her
court, who wore native Dutch costume and distributed the famous
Pella Dutch cookies.

Queen Recker addressed the House briefly and invited everyone to
attend the Pella Tulip Festival on May 2, 3 and 4, 2002.

The House rose and expressed its welcome and appreciation.

Atteberry of Delaware introduced to the House, Joe Stepanek and
Brandon Trapp, their families and the passengers they saved from a
burning vehicle.

The House rose and expressed its welcome.

ADOPTION OF HOUSE RESOLUTION 117

Scherrman of Dubuque called up for consideration House
Resolution 117, a resolution recognizing Mr. Joe Stepanek and Mr.
Brandon Trapp for their acts of heroism, and moved its adoption.

The motion prevailed and the resolution was adopted.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Arnold of Lucas and Speaker Siegrist, until their arrival, Brauns of Muscatine,
until his return, and Garman of Story on request of Rants of Woodbury.

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
April 3, 2002, insisted on its amendment to House File 2191, a bill for an act relating to
notarial acts by judicial officers, and the members of the Conference Committee on the
part of the Senate are: The Senator from Shelby, Senator Boettger, Chair; the Senator
from Sac, Senator King; the Senator from Polk, Senator Maddox; the Senator from
Linn, Senator Horn; The Senator from Cedar, Senator Fiegen.

Also: That the Senate has on April 3, 2002, appointed the conference committee to
House File 2192, a bill for an act relating to the establishment of a state agency work
group to develop an interstate prescription drug purchasing cooperative, and the
members of the Conference Committee on the part of the Senate are: The Senator from
Scott, Senator Tinsman, Chair; the Senator from Iowa, Senator Schuerer; the Senator
from Black Hawk, Senator Harper; the Senator from Jefferson, Senator Miller; the
Senator from Washington, Senator Shearer.

Also: That the Senate has on April 3, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2317, a bill for an act relating to the tobacco master settlement
agreement, including tobacco product manufacturer compliance, making an
appropriation, and providing penalties.

Also: That the Senate has on April 3, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2328, a bill for an act providing for the establishment of the state
percent of growth for purposes of the state school foundation program and providing an
applicability date.
MICHAEL E. MARSHALL, Secretary

SENATE MESSAGES CONSIDERED

Senate File 2317, by committee on appropriations, a bill for an
act relating to the tobacco master settlement agreement, including
tobacco product manufacturer compliance, making an appropriation,
and providing penalties.

Read first time and referred to committee on appropriations.

Senate File 2328, by Iverson, a bill for an act providing for the
establishment of the state percent of growth for purposes of the state
school foundation program and providing an applicability date.

Read first time and referred to committee on appropriations.

CONSIDERATION OF BILLS
Appropriations Calendar

House File 2614, a bill for an act relating to and making
appropriations to state departments and agencies from the tobacco
settlement trust fund, rebuild Iowa infrastructure fund, and

environment first fund, and providing effective dates, was taken up
for consideration.

Wise of Lee offered amendment H-8514 filed by him as follows:

H-8514

1 Amend House File 2614 as follows:
2 1. Page 1, by inserting before line 2 the
3 following:
4 "USE TAX REVENUES
5 Section 1. DEPARTMENT OF EDUCATION - USE TAX
6 APPROPRIATIONS. There is appropriated from use tax
7 receipts collected pursuant to sections 423.7 and
8 423.7A prior to their deposit in the road use tax fund
9 pursuant to section 423.24, to the department of
10 education for the fiscal year beginning July 1, 2002,
11 and ending June 30, 2003, the following amounts, or so
12 much thereof as is necessary, to be used for the
13 purposes designated:
14 1. For purposes, as provided in law, of the
15 student achievement and teacher quality program
16 established pursuant to chapter 284:
17 $ 33,250,000
18 2. For phase III of the educational excellence
19 program:
20 $ 12,750,000
21 3. For school improvement technology block grants,
22 in lieu of the appropriation in section 256D.5,
23 subsection 2:
24 $ 10,000,000
25 The moneys appropriated in this lettered paragraph
26 shall be distributed on a per pupil basis to school
27 districts, notwithstanding section 256D.6. The moneys
28 appropriated in this lettered paragraph shall be
29 allocated to school districts in the proportion that
30 the basic enrollment of a district bears to the sum of
31 the basic enrollments of all school districts in the
32 state for the budget year. For purposes of this
33 lettered paragraph, "school district" means a school
34 district, the Iowa braille and sight saving school,
35 the state school for the deaf, the Price laboratory
36 school at the university of northern Iowa, and the
37 institutions under the control of the department of
38 human services as provided in section 218.1,
39 subsections 1 through 3, 5, 7, and 8.
40 4. For additional general state financial aid,
41 including general financial aid to merged areas in
42 lieu of personal property tax replacement payments, to
43 merged areas as defined in section 260C.2, for
44 vocational education programs in accordance with

45 chapters 258 and 260C, which shall be allocated to the
46 merged areas in the same proportions as moneys
47 appropriated and allocated for the same purpose in
48 2002 Iowa Acts, Senate File 2326, if enacted:
49 $ 4,000,000
50 DIVISION ___"

Page 2

1 2. Title page, line 3, by inserting after the
2 words "infrastructure fund," the following: "use tax
3 revenues,".
4 3. By renumbering, redesignating, and correcting
5 internal references as necessary.

The House stood at ease at 9:42 a.m., until the fall of the gavel.

The House resumed session at 11:16 a.m., Speaker pro tempore
Sukup in the chair.

SPECIAL PRESENTATION

Hahn of Muscatine introduced to the House the Honorable Dan
Petersen, former state representative from Muscatine County. He
also paid tribute to his clerk, Kay Pierce thanking her for 17 years of
service in the House, and introduced her family.

The House rose and expressed its appreciation.

The House resumed consideration of House File 2614 and
amendment H-8514.

The following amendments were deferred by unanimous consent:

Amendment H-8514 filed by Wise of Lee.
Amendment H-8520 filed by Wise of Lee.
Amendment H-8526 filed by Shoultz of Black Hawk.
Amendment H-8492 filed by Cormack of Webster.
Amendment H-8510 filed by Alons of Sioux et al.
Amendment H-8511 filed by Alons of Sioux et al.

Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8493 filed by him and Wise of Lee on April
3, 2002, placing out of order amendment H-8516, to amendment H-
8493, filed by Murphy of Dubuque on April 3, 2002.

Raecker of Polk asked and received unanimous consent to
withdraw amendment H-8497 filed by him and Cormack of Webster
on April 3, 2002.

Lensing of Johnson asked and received unanimous consent to
withdraw amendment H-8499 filed by her and Stevens of Dickinson
on April 3, 2002.

Raecker of Polk offered the following amendment H-8509 filed by
Raecker, et al., and moved its adoption:

H-8509

1 Amend House File 2614 as follows:
2 1. Page 5, by inserting after line 12 the
3 following:
4 "3A. DEPARTMENT OF EDUCATION
5 For allocation to the public broadcasting division
6 for costs of installation of digital television at
7 Iowa public television facilities, notwithstanding
8 section 12E.12, subsection 1, paragraph "b",
9 subparagraph (1):
10 FY 2002-2003 $ 1,000,000
11 FY 2003-2004 $ 0
12 FY 2004-2005 $ 0
13 FY 2005-2006 $ 0"
14 2. Page 7, by striking lines 2 through 8.
15 3. Page 10, line 9, by striking the figure
16 "1,000,000" and inserting the following: "1,100,000".
17 4. Page 10, line 31, by striking the figure
18 "500,000" and inserting the following: "581,400".
19 5. By renumbering, redesignating, and correcting
20 internal references as necessary.

A non-record roll call was requested.

The ayes were 50, nays 14.

Amendment H-8509 was adopted.

Stevens of Dickinson asked and received unanimous consent to
withdraw amendment H-8517 filed by him and Lensing of Johnson on
April 3, 2002.

Gipp of Winneshiek offered amendment H-8498 filed by him as
follows:

H-8498

1 Amend House File 2614 as follows:
2 1. Page 6, line 18, by striking the word
3 "completion" and inserting the following:
4 "expansion".
5 2. Page 7, by inserting after line 14 the
6 following:
7 "The legislative council shall approve all plans
8 for the renovation of the northeast quadrant of the
9 capitol prior to the department's receipt of bids for
10 the renovation."
11 3. Page 16, by striking lines 20 through 28 and
12 inserting the following:
13 "The moneys appropriated in this lettered paragraph
14 shall be distributed on a per pupil basis to school
15 districts, notwithstanding section 256D.6, to be used
16 for the purchase of technology, subject to the
17 restrictions of section 256D.8, subsection 1. The
18 moneys appropriated in this lettered paragraph shall
19 be allocated to school districts in the proportion
20 that the basic enrollment of a school district bears
21 to the sum of the basic enrollments of all school
22 districts in the state for the budget year. For
23 purposes of this lettered paragraph, "school district"
24 means a school district, the Iowa braille and sight
25 saving school, the state school for the deaf, the
26 Price laboratory school at the university of northern
27 Iowa, and the institutions under the control of the
28 department of human services as provided in section
29 218.1, subsections 1 through 3, 5, 7, and 8.
30 The moneys appropriated in this lettered paragraph
31 shall be allocated to school districts for the
32 purchase of technology for accredited nonpublic
33 schools as provided in 2001 Iowa Acts, chapter 189,
34 section 14.
35 A participating accredited nonpublic school, the
36 Iowa braille and sight saving school, the state school
37 for the deaf, the Price laboratory school at the
38 university of northern Iowa, and the department of
39 human services on behalf of the institutions under the
40 department's control as provided in section 218.1,
41 subsections 1 through 3, 5, 7, and 8, shall certify
42 their basic enrollments or average student yearly
43 enrollment, as applicable, to the department of
44 education by October 1, 2002."
45 4. Page 25, by inserting after line 22 the
46 following:
47 "DIVISION ____
48 STATUTORY AND RELATED CHANGES
49 Sec. ___. Section 2.43, unnumbered paragraph 1,
50 Code 2001, is amended to read as follows:

Page 2

1 The legislative council in cooperation with the
2 officers of the senate and house shall have the duty
3 and responsibility for preparing for each session of
4 the general assembly. Pursuant to such duty and
5 responsibility, the legislative council shall assign
6 the use of areas in the state capitol except for the
7 areas used by the governor and the courts as of
8 January 1, 1986, and by the courts as of November 1,
9 2002, and, in consultation with the director of the
10 department of general services and the capitol
11 planning commission, may assign areas in other state
12 office buildings for use of the general assembly or
13 legislative agencies. The legislative council may
14 authorize the renovation, remodeling and preparation
15 of the physical facilities used or to be used by the
16 general assembly or legislative agencies subject to
17 the jurisdiction of the legislative council and award
18 contracts pursuant to such authority to carry out such
19 preparation. The legislative council may purchase
20 supplies and equipment deemed necessary for the proper
21 functioning of the legislative branch of government."
22 5. Title page, line 3, by inserting after the
23 words "first fund," the following: "making related
24 statutory changes,".
25 6. By renumbering, redesignating, and correcting
26 internal references as necessary.

Wise of Lee asked and received unanimous consent to withdraw
amendment H-8513, to amendment H-8498, filed by him on April 3,
2002.

Wise of Lee offered the following amendment H-8519, to
amendment H-8498, filed by him and moved its adoption:

H-8519

1 Amend the amendment, H-8498, to House File 2614 as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 1, by inserting before line 2 the
6 following:
7 "USE TAX REVENUES
8 Section 1. DEPARTMENT OF EDUCATION - USE TAX
9 APPROPRIATIONS. There is appropriated from use tax
10 receipts collected pursuant to sections 423.7 and
11 423.7A prior to their deposit in the road use tax fund
12 pursuant to section 423.24, to the department of

13 education for the fiscal year beginning July 1, 2002,
14 and ending June 30, 2003, the following amounts, or so
15 much thereof as is necessary, to be used for the
16 purposes designated:
17 1. For purposes, as provided in law, of the
18 student achievement and teacher quality program
19 established pursuant to chapter 284:
20 $ 32,250,000
21 2. For phase III of the educational excellence
22 program:
23 $ 11,750,000
24 3. For school improvement technology block grants,
25 in lieu of the appropriation in section 256D.5,
26 subsection 2:
27 $ 10,000,000
28 The moneys appropriated in this lettered paragraph
29 shall be distributed on a per pupil basis to school
30 districts, notwithstanding section 256D.6. The moneys
31 appropriated in this lettered paragraph shall be
32 allocated to school districts in the proportion that
33 the basic enrollment of a district bears to the sum of
34 the basic enrollments of all school districts in the
35 state for the budget year. For purposes of this
36 lettered paragraph, "school district" means a school
37 district, the Iowa braille and sight saving school,
38 the state school for the deaf, the Price laboratory
39 school at the university of northern Iowa, and the
40 institutions under the control of the department of
41 human services as provided in section 218.1,
42 subsections 1 through 3, 5, 7, and 8.
43 4. For additional general state financial aid,
44 including general financial aid to merged areas in
45 lieu of personal property tax replacement payments, to
46 merged areas as defined in section 260C.2, for
47 vocational education programs in accordance with
48 chapters 258 and 260C, which shall be allocated to the
49 merged areas in the same proportions as moneys
50 appropriated and allocated for the same purpose in

Page 2

1 2002 Iowa Acts, Senate File 2326, if enacted:
2 $ 4,000,000
3 DIVISION ___""
4 2. Page 2, by inserting before line 22, the
5 following:
6 " . Title page, line 3, by inserting after the
7 words "infrastructure fund," the following: "use tax
8 revenues,"."


Carroll of Poweshiek in the chair at 12:28 p.m.

Roll call was requested by Wise of Lee and Millage of Scott.

Rule 75 was invoked.

On the question "Shall amendment H-8519, to amendment
H-8498 be adopted?" (H.F. 2614)

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

 


The nays were, 54:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Broers
Brunkhorst Chiodo Cormack De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Finch Gipp
Hahn Hansen Heaton Hoffman
Horbach Hoversten Huseman Huser
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 Carroll,
Presiding

 


Absent or not voting, 4:
Garman Richardson Teig

 

Amendment H-8519 lost.

Gipp of Winneshiek offered the following amendment H-8512, to
amendment H-8498, filed by him and moved its adoption:

H-8512

1 Amend the amendment, H-8498, to House File 2614, as
2 follows:
3 1. Page 1, by inserting before line 11 the
4 following:
5 " . Page 16, line 18, by inserting after the
6 word and figure "subsection 2" the following: ", Code
7 2001"."
8 2. Page 1, line 15, by inserting after the figure
9 "256D.6," the following: "Code Supplement 2001,".
10 3. Page 1, line 17, by inserting after the word
11 and figure "subsection 1" the following: ", Code
12 Supplement 2001".

Amendment H-8512 was adopted.

Millage of Scott asked and received unanimous consent to
withdraw amendment H-8507, to amendment H-8498, filed by him on
April 3, 2002.

Wise of Lee asked and received unanimous consent to withdraw
amendment H-8525, to amendment H-8498, filed by him from the
floor.

Gipp of Winneshiek offered the following amendment H-8531, to
amendment H-8498, filed by him from the floor and moved its
adoption:

H-8531

1 Amend the amendment, H-8498, to House File 2614 as
2 follows:
3 1. Page 1, line 20, by inserting after the word
4 "district" the following: "and the participating
5 accredited nonpublic schools located within the school
6 district for the budget year".
7 2. Page 1, line 22, by inserting after the word
8 "districts" the following: "and participating
9 accredited nonpublic schools".

Amendment H-8531 was adopted.

On motion by Gipp of Winneshiek amendment H-8498, as
amended, was adopted.

Cormack of Webster asked and received unanimous consent that
amendment H-8496 be deferred.

Stevens of Dickinson offered amendment H-8523 filed by Stevens,
et al., and requested division as follows:

H-8523

1 Amend House File 2614 as follows:

H-8523A

2 1. Page 8, line 22, by striking the words
3 "DEPARTMENT OF MANAGEMENT" and inserting the
4 following: "INFORMATION TECHNOLOGY DEPARTMENT".
5 2. Page 8, line 23, by inserting after the word
6 "For" the following: "the payment of claims relating
7 to".

H-8523B

8 3. Page 17, line 13, by striking the words
9 "DEPARTMENT OF HUMAN SERVICES" and inserting the
10 following: "INFORMATION TECHNOLOGY DEPARTMENT".

Stevens of Dickinson asked and received unanimous consent to
withdraw amendment H-8523B.

On motion by Stevens of Dickinson, amendment H-8523A was
adopted.

Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-8501 filed by Mascher, et al., on April 3,
2002.

Stevens of Dickinson asked and received unanimous consent that
amendment H-8506 be deferred.

Wise of Lee asked and received unanimous consent to withdraw
amendments H-8514 and H-8520, previously deferred, filed by him on
April 3, 2002.

Huser of Polk asked and received unanimous consent that
amendment H-8526, previously deferred, be deferred.

Cormack of Webster offered amendment H-8492, previously
deferred, filed by him and requested division as follows:


H-8492

1 Amend House File 2614 as follows:

H-8492A

2 1. Page 4, line 26, by striking the figure
3 "2,500,000" and inserting the following: "3,116,280".
4 2. Page 5, line 18, by striking the figure
5 "15,750,000" and inserting the following:
6 "16,366,280".

H-8492B

7 3. Page 7, by striking lines 2 through 8.

H-8492A

8 4. Page 7, by striking lines 15 through 28.

H-8492B

9 5. Page 8, line 4, by striking the figure
10 "500,000" and inserting the following: "1,116,280".

H-8492A

11 6. Page 9, line 19, by striking the figure
12 "700,000" and inserting the following: "1,316,280".
13 7. Page 10, line 9, by striking the figure
14 "1,000,000" and inserting the following: "2,000,000".

H-8492B

15 8. Page 10, line 31, by striking the figure
16 "500,000" and inserting the following: "1,000,000".

H-8492A

17 9. Page 11, line 17, by striking the figure
18 "1,060,000" and inserting the following: "1,676,280".
19 10. By renumbering, redesignating, and correcting
20 internal references as necessary.

Cormack of Webster asked and received unanimous consent that
amendment H-8492A, previsously deferred, be deferred.

Alons of Sioux asked and received unanimous consent to withdraw
amendment H-8510, previously deferred, filed by Alons, et al., on
April 3, 2002.

Alons of Sioux offered the following amendment H-8511,
previously deferred, filed by Alons, et al., and moved its adoption:

H-8511

1 Amend House File 2614 as follows:
2 1. Page 5, by striking lines 9 through 12 and
3 inserting the following:
4 "The moneys appropriated in this paragraph "b"
5 shall comprise no more than 15 percent of the total
6 costs of construction of, and purchasing equipment
7 for, the facility.
8 3A. IOWA TELECOMMUNICATIONS AND TECHNOLOGY
9 COMMISSION
10 For conversion of the Iowa communications network
11 to asynchronous transfer mode technology:
12 FY 2002-2003 $ 3,400,000
13 FY 2003-2004 $ 0
14 FY 2004-2005 $ 0
15 FY 2005-2006 $ 0
16 The appropriation in this subsection is contingent
17 upon certification of the Iowa communications network
18 by the federal government as a defense security
19 network test bed. The Iowa telecommunications and
20 technology commission shall notify the Code editor and
21 the department of management upon such certification."
22 2. Page 7, by striking lines 15 through 28.
23 3. By renumbering, redesignating, and correcting
24 internal references as necessary.

Horbach of Tama in the chair at 2:01 p.m.

A non-record roll call was requested.

The ayes were 45, nays 39.

Amendment H-8511 was adopted.

Cormack of Webster asked and received unanimous consent to
withdraw amendments H-8492B, H-8492A and H-8496, all previously
deferred, filed by him on April 2, 2002.

Stevens of Dickinson asked and received unanimous consent to
withdraw amendment H-8506, previously deferred, filed by him and
Lensing of Johnson on April 3, 2002.


Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-8526, previously deferred, filed by him from
the floor.

Gipp of Winneshiek 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. 2614)

The ayes were, 90:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Ford
Frevert Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Hoversten Huseman Jacobs
Jenkins Jochum Johnson Jones
Kettering Klemme Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Reeder Rekow Reynolds Roberts
Scherrman Seng Shey Shoultz
Siegrist, Spkr. Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Horbach,
Presiding

 


The nays were, 7:
Fallon Huser Kreiman Murphy
Richardson Schrader Van Fossen

 


Absent or not voting, 3:
Brauns Garman Teig

 

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


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
April 4, 2002, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2416, a bill for an act relating to mental health and developmental
disability services requirements.

Also: That the Senate has on April 4, 2002, amended and passed the following bill
in which the concurrence of the House is asked:

House File 2585, 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.

Also: That the Senate has on April 4, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2586, a bill for an act allowing a tax credit for equity investments in
venture capital funds and including an effective and retroactive applicability date
provision.

MICHAEL E. MARSHALL, Secretary

Unfinished Business Calendar

Senate File 2205, a bill for an act relating to regulation of child
care and child development homes and child care centers and
providing effective date and applicability provisions, with report of
committee recommending passage, was taken up for consideration.

Brunkhorst of Bremer in the chair at 3:06 p.m.

Petersen of Polk offered amendment H-8524 filed by her from the
floor as follows:

H-8524

1 Amend Senate File 2205, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, by inserting after line 11 the
4 following:
5 "5. Smoking, as defined in section 142B.1, shall
6 not be permitted during a child development home's

7 hours of operation in an area of the child development
8 home which may be used by the children receiving child
9 care."

O'Brien of Boone in the chair at 3:07 p.m.

Amendment H-8524 was adopted.

Reynolds of Van Buren offered the following amendment H-8532
filed by her from the floor and moved its adoption:

H-8532

1 Amend Senate File 2205, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, by inserting after line 34, the
4 following:
5 "Sec. . Section 237A.13, Code 2001, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 5A. A child care facility that
8 previously received child care wrap-around funding,
9 meets the requirements for being a shared vision
10 program except that a shared vision program is not
11 operated in the county in which the facility is
12 located, and is providing a child care wrap-around
13 service that is included in the community empowerment
14 area board's plan for the community empowerment area
15 in which the facility is located shall be deemed to be
16 qualified for child care wrap-around funding."
17 2. By renumbering, redesignating, and correcting
18 internal references as necessary.

Amendment H-8532 was adopted.

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

On the question "Shall the bill pass?" (S.F. 2205)

The ayes were, 91:
Arnold Atteberry Baudler Bell
Boddicker Boggess Bradley Broers
Brunkhorst Carroll Chiodo Cohoon
Connors Cormack Dix Dolecheck
Dotzler Drake Eichhorn Elgin
Fallon Finch Foege Ford
Frevert 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 Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Siegrist, Spkr. Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Winckler
Wise Witt O'Brien,
Presiding

 


The nays were, 4:
Alons Boal De Boef Sievers

 


Absent or not voting, 5:
Brauns Bukta Eddie Garman
Teig

 

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:

Bukta of Clinton on request of Myers of Johnson.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
House File 2614 and Senate File 2205 be immediately messaged to
the Senate.

INTRODUCTION OF BILL

House File 2618, by committee on ways and means, a bill for an
act relating to volunteer fire fighters by creating a volunteer fire
fighters pension fund, providing for the deposit of certain insurance

premium tax receipts in the fund, and establishing a volunteer fire
fighters pension task force.

Read first time and placed on the ways and means calendar.

SENATE AMENDMENT CONSIDERED

Boddicker of Cedar called up for consideration House File 678, a
bill for an act relating to child custody and visitation including the
requirement of mediation when a custody arrangement is disputed,
amended by the Senate amendment H-8464:

H-8464

1 Amend House File 678, as passed by the House, as
2 follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 598.7A, subsection 4,
6 paragraph e, Code Supplement 2001, is amended to read
7 as follows:
8 e. The costs of mediation or a settlement
9 conference shall be borne by the parties, as agreed to
10 by the parties, or as ordered by the court, and may be
11 taxed as court costs. Mediation shall be provided on
12 a sliding fee scale for parties who are determined to
13 be indigent pursuant to section 815.9."
14 2. Page 1, line 1, by inserting after the word
15 "Code" the following: "Supplement".
16 3. Page 1, by striking lines 10 through 16, and
17 inserting the following: "court shall require the
18 parties to participate in mediation or a settlement
19 conference in any dissolution of marriage action or
20 other domestic relations action which involves custody
21 of a child, unless the parties have agreed upon
22 custody and visitation prior to a court hearing or
23 trial. The participation in mediation or a settlement
24 conference under this subsection shall include
25 receiving assistance in the completion of a parenting
26 agreement between the parties that specifies the
27 details of visitation."
28 4. Page 1, line 25, by inserting after the word
29 "mediation" the following: "or a settlement
30 conference".
31 5. Page 1, line 27, by inserting after the word
32 "mediation" the following: "or a settlement
33 conference".
34 6. Page 1, line 31, by inserting after the word
35 "mediation" the following: "or settlement conference".

36 7. Page 2, line 9, by inserting after the word
37 "mediation" the following: "or a settlement
38 conference".
39 8. Page 2, line 10, by inserting after the word
40 "mediation" the following: "or a settlement
41 conference".
42 9. Page 2, by inserting after line 30, the
43 following:
44 "Sec. . EFFECTIVE DATE. The section of this
45 Act enacting section 598.7A, subsection 6, takes
46 effect July 1, 2003."
47 10. Title page, line 2, by inserting after the
48 word "of" the following: "a settlement conference
49 or".
50 11. Title page, line 3, by inserting after the

Page 2

1 word "disputed" the following: ", and providing an
2 effective date".
3 12. By renumbering, relettering, or redesignating
4 and correcting internal references as necessary.

Boddicker of Cedar offered the following amendment H-8522, to
the Senate amendment H-8464, filed by him and Kreiman of Davis
and moved its adoption:

H-8522

1 Amend the Senate amendment, H-8464, to House File
2 678, as passed by the House, as follows:
3 1. Page 1, by striking lines 3 through 13.

Amendment H-8522 was adopted.

Kreiman of Davis offered the following amendment H-8515, to the
Senate amendment H-8464, filed by him and moved its adoption:

H-8515

1 Amend the Senate amendment, H-8464, to House File
2 678, as passed by the House, as follows:
3 1. Page 1, by inserting after line 41, the
4 following:
5 " . Page 2, line 15, by striking the word
6 "subsections" and inserting the following:
7 "subsection".
8 . Page 2, by striking lines 22 through 30."
9 2. Page 1, by striking lines 44 through 46, and


10 inserting the following:
11 "Sec. . EFFECTIVE DATE. This Act takes effect
12 July 1, 2003."

Amendment H-8515 was adopted.

Boddicker of Cedar offered amendment H-8488, to the Senate
amendment H-8464, filed by him as follows:

H-8488

1 Amend the Senate amendment, H-8464, to House File
2 678, as passed by the House, as follows:
3 1. Page 1, by inserting after line 35, the
4 following:
5 "___. Page 1, by inserting after line 32, the
6 following:
7 "Sec. . Section 598.41, subsection 5, Code
8 2001, is amended to read as follows:
9 5. a. Joint physical care may be in the best
10 interest of the child, but joint legal custody does
11 not require joint physical care.
12 b. On the application of either parent, the court
13 shall consider granting joint physical care in cases
14 where the parents do not agree to joint physical care.
15 c. When the court determines such action would be
16 in the best interest of the child and would preserve
17 the relationship between each parent and the child,
18 joint physical care may be awarded to both joint
19 custodial parents or physical care may be awarded to
20 one joint custodial parent.
21 d. If one joint custodial parent is awarded
22 physical care, the parent responsible for providing
23 physical care shall support the other parent's
24 relationship with the child. Physical care awarded to
25 one parent does not affect the other parent's rights
26 and responsibilities as a joint legal custodian of the
27 child. Rights and responsibilities as joint legal
28 custodian of the child include, but are not limited
29 to, equal participation in decisions affecting the
30 child's legal status, medical care, education,
31 extracurricular activities, and religious
32 instruction.""
33 2. By renumbering as necessary.

Mascher of Johnson rose on a point of order that amendment H-
8488 was not germane, to amendment H-8464.

The Speaker ruled the point not well taken and amendment
H-8488 germane, to amendment H-8464.

The House stood at ease at 3:38 p.m., until the fall of the gavel.

The House resumed session at 4:36 p.m., Dix of Butler in the chair.

Rants of Woodbury asked and received unanimous consent that
House File 678 be deferred and that the bill retain its place on the
calendar. (Senate amendment H-8464 and amendment H-8488
pending)

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 4th day of April, 2002: House Files 518, 2009, 2291, 2344, 2417, 2507, 2530 and
2546.

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:

Thirty-four students from River Valley Middle School, Cushing,
accompanied by Becky Collins, Chuck Hackett, Connie Kimple and
Mike Nagent. By Huseman of Cherokee.

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\955 Bill and Ruth Mund, Cedar Rapids - For celebrating their 50th
wedding anniversary.

2002\956 Frank and Marilyn Vane, Cedar Rapids - For celebrating their 60th
wedding anniversary.

2002\957 Gladys Myers, Cedar Rapids - For celebrating her 85th birthday.

2002\958 Arlene Thomas, Cedar Rapids - For celebrating her 80th birthday.

2002\959 Doris Elliot, Cedar Rapids - For celebrating her 80th birthday.

2002\960 Rosa LaVerne Abernathy, Cedar Rapids - For celebrating her 90th
birthday.

2002\961 George Evans, Cedar Rapids - For celebrating his 90th birthday.

2002\962 Elsie Zajaczkowski, Cedar Rapids - For celebrating his 88th
birthday.

2002\963 Kay Pierce, Johnston - For her 17 years of dedicated service to the
Iowa House of Representatives.

2002\964 Charles Mayer, Fort Madison - For celebrating his 90th birthday.

2002\965 Will Schreck, Manchester - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2002\966 Patrick Swieskowski, Des Moines - For receiving a perfect SAT
score.

2002\967 Emily Trump, Des Moines - For receiving a perfect SAT score.

2002\968 Brandon Day, Urbandale - For receiving a perfect SAT score.

2002\969 Alison Lentz, Cedar Falls - For receiving a perfect SAT score.

2002\970 Tony Cyr, Cedar Rapids - For receiving a perfect SAT score.

2002\971 Claudia Lutz, Iowa City - For receiving a perfect SAT score.

2002\972 Elizabeth Zeitler, Iowa City - For receiving a perfect SAT score.

2002\973 Elizabeth Bastiaans, Ames - For receiving a perfect SAT score.

2002\974 Michael Zhu, Ames - For receiving a perfect SAT score.

SUBCOMMITTEE ASSIGNMENT

Senate File 2317

Appropriations: Brunkhorst, Chair; Alons and Mascher.


HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT

House Study Bill 719

Appropriations: Drake, Chair; Jacobs, Mertz, Raecker and Seng.

HOUSE STUDY BILL COMMITTEE ASSIGNMENT

H.S.B. 720 Ways and Means

Requesting the proposal of an amendment to the Constitution of the
United States restricting the ability of the federal judiciary to
mandate any state or subdivision of any state to levy or increase
taxes.

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 APPROPRIATIONS

Senate File 2323, a bill for an act relating to the creation of a registered nurse
recruitment program and fund to be administered by the college student aid
commission.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8527 April 4, 2002.

Senate File 2326, a bill for an act making, reducing, and transferring
appropriations, and providing for other properly related matters and including effective
dates.

Fiscal Note is not required.

Recommended Do Pass April 4, 2002.

COMMITTEE ON WAYS AND MEANS

Senate File 2318, a bill for an act relating to the tax on premiums and subscriber
contract payments received by insurance companies and health service corporations by
phasing in a reduction in the tax and increasing the prepayment of the tax, providing
for a study, and including an effective date.

Fiscal Note is not required.

Recommended Do Pass April 3, 2002.

Committee Bill (Formerly House File 2570), 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.

Fiscal Note is not required.

Recommended Amend and Do Pass April 3, 2002.

RESOLUTIONS FILED

HCR 123, by Jacobs, Foege, Heaton, Johnson, and Osterhaus, a
concurrent resolution requesting the governor to appoint a blue
ribbon committee to make recommendations regarding the child
welfare, child mental health, and juvenile justice systems in the state
of Iowa.

Laid over under Rule 25.

HR 127, by Hansen, a resolution congratulating the 2001 University
of Northern Iowa Baseball Team.

Laid over under Rule 25.

HR 128, by Alons, Kettering, Rayhons, Van Engelenhoven, Johnson,
Klemme, and Baudler, a resolution requesting the enactment of a
federal tax credit to offset the potential fiscal impact of new federal
regulations pertaining to manure control structures.

Laid over under Rule 25.

AMENDMENTS FILED

H-8527 S.F. 2323 Committee on Appropriations
H-8528 H.F. 2416 Senate Amendment
H-8529 H.F. 2585 Senate Amendment
H-8530 H.F. 2617 Rekow of Allamakee
H-8533 H.R. 124 O'Brien of Boone


H-8534 S.F. 2326 Tremmel of Wapello
Mertz of Kossuth
Alons of Sioux
De Boef of Mahaska

On motion by Rants of Woodbury the House adjourned at 4:38
p.m., until 9:00 a.m., Friday, April 5, 2002.


Previous Day: Wednesday, April 3Next Day: Friday, April 5
Senate Journal: Index House Journal: Index
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