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House Journal: Wednesday, March 21, 2001

JOURNAL OF THE HOUSE

Seventy-third Calendar Day - Fiftieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 21, 2001

The House met pursuant to adjournment at 8:48 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Damon Hall, pastor of Grace
Baptist Church, Waverly. He was the guest of Representative Bob
Brunkhorst of Bremer County and Representative Bill Dix of Butler
County.

The Journal of Tuesday, March 20, 2001 was approved.

INTRODUCTION OF BILLS

House File 674, by committee on education, a bill for an act
relating to the reorganization or dissolution of an area education
agency.

Read first time and placed on the calendar.

House File 675, by O'Brien, a bill for an act relating to taxable
property that is acquired by an entity whose property is not subject to
property tax, making an appropriation, and including an effective and
retroactive applicability provision.

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

House File 676, by Shoultz, a bill for an act relating to the
applicability and fiscal impact of reductions in rates, enactments, and
expansion of deductions and credits, and repeals of certain taxes and
including an effective date.

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

House File 677, by Frevert, a bill for an act relating to animal
feeding operations, disposal of manure, and making penalties
applicable.

Read first time and referred to committee on agriculture.

House File 678, by committee on judiciary, a bill for an act
relating to child custody and visitation including the requirement of
mediation when a custody arrangement is disputed.

Read first time and placed on the calendar.

House File 679, by committee on local government, a bill for an
act relating to urban renewal and urban revitalization and providing
for the Act's applicability.

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

House File 680, by committee on human resources, a bill for an
act relating to child and dependent abuse reporting and civil
remedies pertaining to such reporting.

Read first time and placed on the calendar.

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 20, 2001, passed the following bill in which the concurrence of the House is
asked:

Senate File 184, a bill for an act relating to duties of the county sheriff by
increasing the fees and expenses collected by the county sheriff for various services and
the release of a garnishment.

Also: That the Senate has on March 20, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 209, a bill for an act providing for the control of paratuberculosis, and
providing for penalties.

Also: That the Senate has on March 20, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 384, a bill for an act relating to pay plans for certain employees of the
credit union division of the department of commerce.

Also: That the Senate has on March 20, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 393, a bill for an act relating to a petition to the court for a hearing on a
criminal defendant's restitution plan.

Also: That the Senate has on March 20, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 411, a bill for an act providing for the establishment of a commission on
the status of Iowans of Asian and Pacific Islander heritage within the department of
human rights.

Also: That the Senate has on March 20, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 458, a bill for an act relating to children's program and juvenile court
provisions involving the department of human services in regard to the foster home
insurance fund, group child care providers, juvenile delinquency and child in need of
assistance dispositions, and termination of parental rights.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGES CONSIDERED

Senate File 57, by Jensen, a bill for an act relating to approval of
city ordinances granting certain utility franchises.

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

Senate File 168, by committee on commerce, a bill for an act
relating to the granting of additional cable television franchises by a
city.

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

Senate File 240, by committee on education, a bill for an act
providing for a school investment partnership pilot program.

Read first time and referred to committee on education.

Senate File 241, by committee on human resources, a bill for an
act relating to the confidentiality of certain domestic abuse records.

Read first time and referred to committee on judiciary.


Senate File 242, by committee on human resources, a bill for an
act relating to the rules regarding the authentication of practitioners'
medication and standing orders in hospitals.

Read first time and referred to committee on state government.

Senate File 265, by committee on transportation, a bill for an act
prohibiting the installation, distribution, or sale of nonoperative air
bags and providing a penalty.

Read first time and referred to committee on transportation.

Senate File 304, by committee on natural resources and
environment, a bill for an act relating to the application procedure for
variances for open burning.

Read first time and referred to committee on environmental
protection.

Senate File 344, by committee on state government, a bill for an
act restricting the exemption in the public records law for
communications made to government bodies.

Read first time and referred to committee on state government.

Senate File 347, by committee on judiciary, a bill for an act
eliminating court costs and filing and service fees for plaintiffs
seeking relief from domestic abuse.

Read first time and passed on file.

Senate File 450, by committee on ways and means, a bill for an
act extending veterans benefits, preferences, and tax exemptions to
certain members of reserve forces of the United States and the Iowa
national guard, and providing an effective date for property tax
exemption claims.

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

Senate File 509, by committee on appropriations, a bill for an act
making a supplemental appropriation to the state department of

transportation from the primary road fund for the purchase of salt
and including an effective date.

Read first time and referred to committee on appropriations.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Drake of Pottawattamie, until his arrival, on request of Rants of Woodbury.

The House stood at ease at 8:59 a.m., until the fall of the gavel.

The House resumed session at 9:55 a.m., Speaker Siegrist in the
chair.

CONSIDERATION OF BILLS
Regular Calendar

House File 502, a bill for an act relating to agricultural
production, by prohibiting acts relating to facilities or operations,
making penalties applicable, and providing penalties and civil
liability, was taken up for consideration.

Kuhn of Floyd offered the following amendment H-1249 filed by
him and moved its adoption:

H-1249

1 Amend House File 502 as follows:
2 1. Page 1, by inserting before line 1, the
3 following:
4 "Section 1. Section 199.1, Code 2001, is amended
5 by adding the following new subsections:
6 NEW SUBSECTION. 5A. "Contamination" means the
7 unintended presence of a plant or plant part
8 transferred from an originating area to an area
9 without the presence of the plant or plant part that
10 alters the genetic characteristics of a plant.
11 NEW SUBSECTION. 5B. "Crop" means any plant
12 produced from an agricultural seed or vegetable seed,
13 or any harvested part of the plant.
14 NEW SUBSECTION. 6A. "Field" means an originating
15 field or a neighboring field.
16 NEW SUBSECTION. 6B. "Genetically modified" means
17 to alter the genetic characteristics of a plant by

18 modifying the deoxyribonucleic acid of the plant's
19 seed in a manner other than by breeding or
20 pollination.
21 NEW SUBSECTION. 19A. "Seed dealer" means a person
22 who sells or offers for sale agricultural seed or
23 vegetable seed to persons on a retail basis.
24 NEW SUBSECTION. 19B. "Seed labeler" means a
25 person required to label agricultural seed or
26 vegetable seed as provided in section 199.3 or 199.4.
27 Sec. . Section 199.3, subsection 1, Code 2001,
28 is amended by adding the following new paragraph:
29 NEW PARAGRAPH. f. The label shall include an
30 identification of genetically modified agricultural
31 seed or vegetable seed included in the container. If
32 the agricultural seed or vegetable seed is genetically
33 modified, the label shall comply with sections 199.22
34 and 199.23.
35 Sec. . Section 199.8, Code 2001, is amended by
36 adding the following new subsection:
37 NEW SUBSECTION. 4. A person shall not sell, offer
38 for sale, or expose for sale agricultural seed or
39 vegetable seed that has been genetically modified, if
40 the person has represented that that agricultural seed
41 or vegetable seed is not genetically modified.
42 Sec. . Section 199.13, Code 2001, is amended to
43 read as follows:
44 199.13 PENALTY.
45 1. a. A violation of person who violates this
46 chapter is guilty of a simple misdemeanor.
47 b. A person who violates subchapter 2 is subject
48 to a civil penalty of not more than one thousand
49 dollars. Civil penalties collected under this
50 paragraph shall be deposited in the general fund of

Page 2

1 the state.
2 2. The department may institute criminal or civil
3 proceedings in a court of competent jurisdiction in
4 order to enforce this chapter. When in the
5 performance of the secretary's department's duties in
6 enforcing this chapter the secretary department
7 applies to a court for a temporary or permanent
8 injunction restraining a person from violating or
9 continuing to violate any of the provisions of this
10 chapter or rules adopted under this chapter, the
11 injunction is to be issued without bond and the person
12 restrained by the injunction shall pay the costs made
13 necessary by the procedure.
14 SUBCHAPTER 2
15 GENETICALLY MODIFIED AGRICULTURAL SEED
16 Sec. . NEW SECTION. 199.21 APPLICABILITY.

17 The department, in consultation with the attorney
18 general, shall provide an exception from a requirement
19 in this subchapter as applied to any type of
20 genetically modified agricultural seed or genetically
21 modified vegetable seed that is sold or offered for
22 sale or transported in this state, if the department
23 determines that the requirement as applied to that
24 type of agricultural seed or vegetable seed has been
25 preempted by federal statute or regulation. The
26 department shall establish the exceptions by rule
27 adopted pursuant to chapter 17A. If an exception is
28 not provided for by rule, the department shall
29 establish the exception by declaratory order as
30 provided in section 17A.9, upon receipt of a petition
31 as provided for in that section.
32 Sec. . NEW SECTION. 199.22 NOTICE
33 REQUIREMENTS.
34 1. A seed labeler shall provide notice of an
35 agricultural seed or vegetable seed that is
36 genetically modified on the label of a container
37 holding the agricultural seed or vegetable seed as
38 provided in section 199.3 or on a placard as provided
39 in section 199.4. A seed dealer shall provide the
40 same notice in a disclosure statement to a person
41 purchasing the agricultural seed or vegetable seed on
42 a retail basis prior to or at the time of the
43 purchase. The disclosure statement may be contained
44 on a separate form or part of an invoice or bill of
45 sale evidencing a transaction. The seed dealer shall
46 not sell agricultural seed or vegetable seed that has
47 been genetically modified, unless the purchaser signs
48 the disclosure statement acknowledging that the
49 purchaser has read the statement. The seed dealer
50 shall maintain a copy of the acknowledged disclosure

Page 3

1 statement as part of the seed dealer's business
2 records.
3 2. The form of the disclosure statement shall be
4 prescribed by rules adopted by the department. The
5 notice shall appear in a printed bold-faced font in at
6 least ten point type. The notice shall appear in the
7 following form:
8 NOTICE
9 GENETICALLY MODIFIED AGRICULTURAL OR
10 VEGETABLE SEED
11 This agricultural or vegetable seed is genetically
12 modified. Please consult the label appearing on this
13 package or the pamphlet required to be attached to the
14 container or accompanying the bulk sale of
15 agricultural or vegetable seed, regarding important

16 production information, including possible
17 restrictions, about the production and marketing of a
18 crop grown from this agricultural or vegetable seed.
19 Sec. . NEW SECTION. 199.23 PRODUCTION
20 INFORMATION REQUIREMENTS.
21 1. A seed labeler shall provide production
22 information for agricultural seed or vegetable seed
23 that has been genetically modified as required in this
24 section to the extent that the production information
25 is known by the seed labeler. The production
26 information shall appear on the label as provided in
27 section 199.3 or in a pamphlet attached to the
28 container or accompanying agricultural seed or
29 vegetable seed that is sold in bulk as provided in
30 section 199.4. A seed dealer shall not sell
31 agricultural seed or vegetable seed that the seed
32 labeler identifies as genetically modified, unless the
33 seed dealer provides the purchaser of agricultural
34 seed or vegetable seed with the production
35 information. The production information shall include
36 all of the following:
37 a. A brief description of the consequences of the
38 genetic modification, including but not limited to any
39 consequences affecting hardiness, growth rate, yield,
40 resistance, adaptability, appearance, or intrinsic
41 qualities such as oil content.
42 b. Sound management practices required to minimize
43 the risk of transferring gene characteristics to other
44 varieties of plants. The sound management practices
45 shall consist of requirements for planting
46 agricultural seed or vegetable seed that has been
47 genetically modified and methods to maintain the
48 separated area in order to prevent a significant risk
49 of contamination occurring from any of the following:
50 (1) The transfer of gene characteristics to crops

Page 4

1 planted on a neighboring area by pollination,
2 including the pollination of crops or the pollination
3 of other related plants inhabiting the neighboring
4 area.
5 (2) The transfer of agricultural seed or vegetable
6 seed that has been genetically modified to a
7 neighboring area.
8 c. A notice, if necessary, regarding any financial
9 risks associated with marketing the crop, including
10 but not limited to restrictions regarding all of the
11 following:
12 (1) The handling and storage of the crop,
13 including segregation requirements.
14 (2) The sale of the crop in domestic and foreign

15 markets, including import restrictions imposed by
16 other nations.
17 (3) The use of the crop, including restrictions
18 regarding human consumption of the crop or products
19 processed using the crop.
20 2. The language used in the production information
21 shall comply with standard rules of spelling, grammar,
22 punctuation, and usage. The production information
23 shall be printed in a type size of not less than ten
24 points. The production information shall use terms
25 that are commonly understood by a reasonable person of
26 average intelligence, education, and experience who
27 regularly produces crops originating from the same
28 type of agricultural seed or vegetable seed that has
29 been genetically modified that the person is
30 purchasing.
31 Sec. . NEW SECTION. 199.24 FOOD CROPS NOT
32 APPROVED FOR HUMAN CONSUMPTION - COLOR-CODED SEEDS OR
33 SECURITY PLAN.
34 1. As used in this section, "designated seed"
35 means agricultural seed or vegetable seed producing a
36 crop that may be processed into a food product, but is
37 not approved for human consumption by an agency of the
38 federal government, including but not limited to the
39 United States food and drug administration, because
40 the agricultural seed or vegetable seed is genetically
41 modified.
42 2. a. A person shall not sell, offer for sale, or
43 transport designated seed in this state, unless any of
44 the following applies:
45 (1) The designated seed is artificially colored
46 solid blaze orange.
47 (2) The department approves a security plan, or
48 amendments to an approved security plan, submitted by
49 the person producing a crop from designated seed,
50 according to rules adopted by the department. The

Page 5

1 security plan shall provide for sound management
2 practices used to ensure that there is no risk of
3 contamination, and for harvesting, storing,
4 transporting, processing, marketing, and utilizing
5 crops or goods processed from those crops in a manner
6 that provides no risk that the crops or goods
7 processed from the crops will be utilized for human
8 consumption. The security plan shall be accompanied
9 by all necessary certifications by persons who will
10 harvest, store, transport, process, or market the crop
11 or goods processed from the crop, as required by the
12 department. The department may approve amendments to
13 the security plan.

14 b. A person shall not sell, offer for sale, or
15 transport agricultural seed or vegetable seed in this
16 state that is artificially colored solid blaze orange,
17 unless it is designated seed. A person shall not
18 knowingly use management practices, or harvest, store,
19 transport, process, or market crops or goods processed
20 from those crops in violation of the security plan.
21 Sec. . NEW SECTION. 199.25 LIABILITY.
22 1. a. A person who produces a crop produced from
23 agricultural seed or vegetable seed that is
24 genetically modified shall not be found liable for
25 damages caused by contamination, if the crop is
26 produced in accordance with sound management practices
27 as provided in section 199.23.
28 b. A seed dealer who sells agricultural seed or
29 vegetable seed in compliance with sections 199.23 and
30 199.24 shall not be found liable for damages caused by
31 contamination.
32 c. A seed labeler shall be strictly liable for
33 damages caused by contamination, if a person who
34 produces a crop originating from genetically modified
35 agricultural seed or vegetable seed complies with
36 sound management practices provided by the seed
37 labeler as required pursuant to section 199.23.
38 2. A person who is liable for damages caused by
39 the contamination shall be subject to punitive
40 damages."
41 2. Page 7, by inserting after line 17, the
42 following:
43 "Sec. . DIRECTIONS TO CODE EDITOR. The Code
44 editor shall organize chapter 199 in conformance with
45 this Act. The Code editor shall transfer sections
46 199.11 through 199.14 into a new subchapter 3.
47 Sec. . EFFECTIVE DATE. The provisions of this
48 Act amending chapter 199 take effect on September 1,
49 2001."
50 3. Title page, line 3, by striking the words "and

Page 6

1 providing" and inserting the following: "providing".
2 4. Title page, line 3, by inserting after the
3 word "liability" the following: ", and providing an
4 effective date".

Roll call was requested by Kuhn of Floyd and Myers of Johnson.

On the question "Shall amendment H-1249 be adopted?" (H.F. 502)

The ayes were, 43:

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

 


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

 


Absent or not voting, 3:
Drake Hoffman Houser

 


Amendment H-1249 lost.

Baudler of Adair offered the following amendment H-1258 filed by
him and moved its adoption:

H-1258

1 Amend House File 502 as follows:
2 1. Page 3, line 23, by inserting after the word
3 "crop" the following: "; or storing, planting, or
4 nurturing the crop's seed".
5 2. Page 3, line 34, by inserting after the word
6 "crop" the following: ", including the crop's seed,".
7 3. Page 4, line 20, by inserting after the word
8 "destroy"" the following: "or damage".
9 4. Page 4, line 30, by inserting after the word

10 "crops." the following: "A person is presumed to
11 intend disruption, if the person moves, removes, or
12 defaces any sign posted on the crop operation property
13 or label used by the owner and the sign or label
14 identifies a crop maintained on the crop operation
15 property."
16 5. Page 4, line 31, by inserting after the word
17 "Destroy" the following: "or damage".

Amendment H-1258 was adopted.

Baudler of Adair offered the following amendment H-1246 filed by
him and Kreiman of Davis and moved its adoption:

H-1246

1 Amend House File 502 as follows:
2 1. Page 6, by striking lines 4 through 19 and
3 inserting the following: "person is guilty of
4 criminal mischief as provided in section 716.1, and
5 commits the same class of offense as provided in
6 sections 716.3 through 716.6 based on the amount of
7 damage to the research crop or crop operation property
8 where the research crop is maintained."
9 2. By striking page 6, line 28 through page 7,
10 line 6, and inserting the following: "person is
11 guilty of criminal mischief as provided in section
12 716.1, and commits the same class of offense as
13 provided in sections 716.3 through 716.6 based on the
14 amount of damage to the crop or crop operation
15 property where the crop is maintained."

Amendment H-1246 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. 502)

The ayes were, 96:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Eddie
Eichhorn Elgin Falck Finch
Foege Ford Frevert Garman
Gipp Grundberg Hahn Hansen
Hatch Heaton Horbach Houser
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, 2:
Fallon Greimann

 


Absent or not voting, 2:
Drake Hoffman

 


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

SPECIAL PRESENTATION

Speaker Siegrist introduced to the House the Honorable Dan
Petersen, former state representative from Muscatine County.

The House rose and expressed its welcome.

House File 458, a bill for an act extending the statute of
limitations period for filing a criminal charge of incest, was taken up
for consideration.

Raecker of Polk offered the following amendment H-1255 filed by
him and Kreiman of Davis and moved its adoption:

H-1255

1 Amend House File 458 as follows:
2 1. Page 1, line 10, by inserting after the figure

3 "709.15" the following: "committed on or with a
4 person who is under the age of eighteen".
5 2. Page 1, by striking lines 11 and 12 and
6 inserting the following: "within ten years after the
7 person upon whom the offense is committed attains
8 eighteen years of age. An information or indictment
9 for any other sexual exploitation shall be found
10 within ten years of the date the victim was last
11 treated by the counselor or therapist."

Amendment H-1255 was adopted.

Raecker 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. 458)

The ayes were, 97:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Eddie Eichhorn
Elgin Falck Fallon Finch
Foege Ford Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Horbach
Houser Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Rekow Reynolds
Richardson Roberts Scherrman Schrader
Seng Shey Shoultz Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 3:

Bradley Drake Hoffman

 


The bill having received a constitutional majority was declared to
have passed the House and the title 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
March 21, 2001, adopted the following resolution in which the concurrence of the House
is asked:

Senate Joint Resolution 6, a joint resolution nullifying an amendment to an
administrative rule of the department of natural resources eliminating the unprotected
nongame status of reptiles and providing an effective date.

Also: That the Senate has on March 21, 2001, adopted the following resolution in
which the concurrence of the House is asked:

Senate Joint Resolution 7, a joint resolution authorizing the temporary use and
consumption of wine in the State Capitol in conjunction with the awards ceremony of
the World Food Prize Foundation.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 140, a bill for an act updating the Iowa Code references to the Internal
Revenue Code, increasing the minimum filing income requirement for dependents,
lowering the threshold amount for making estimated payments for corporations and
financial institutions, increasing the estimated tax payment standard for assessing a
penalty for corporations and financial institutions, and providing retroactive
applicability dates and an effective date.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 337, a bill for an act relating to transfers of structured settlement
payment rights for tort and workers' compensation claims, providing civil remedies,
and an applicability date.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 354, a bill for an act relating to limitations on filing medical assistance
claims against a decedent's estate.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 372, a bill for an act relating to the powers and duties of the county
recorder relating to the recording and keeping of documents.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 387, a bill for an act relating to the regulation of auctions and the
licensing of auctioneers and other auction personnel and providing fees, penalties, and
an appropriation.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 406, a bill for an act relating to a review of revenue sources of local
governments.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 412, a bill for an act relating to the compulsory attendance age and
attendance at school during the regular school calendar by a child who has reached the
age of sixteen.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 413, a bill for an act relating to a criminal sentence subject to the
maximum accumulation of earned time credits of fifteen percent of the total sentence of
confinement.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 415, a bill for an act relating to the jurisdiction of district associate
judges.

Also: That the Senate has on March 21, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 428, a bill for an act requiring the department of human services to
establish a statewide central intake unit for receiving reports of child abuse.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGES


Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 458 and 502.

House File 587, a bill for an act providing magistrates who are
not licensed to practice law in Iowa with the authority to review
applications for involuntary hospitalization and applications for
involuntary commitment or treatment of chronic substance abusers
and making conforming changes, was taken up for consideration.

Dix of Butler in the chair at 11:37 a.m.

Speaker Siegrist in the chair at 11:40 a.m.

Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-1260 filed by her on March 20, 2001.

Grundberg of Polk offered the following amendment H-1263 filed
by her and moved its adoption:

H-1263

1 Amend House File 587 as follows:
2 1. Page 3, by inserting after line 14 the
3 following:
4 "Sec. . LEGISLATIVE STUDY - INVOLUNTARY
5 HOSPITALIZATION AND INVOLUNTARY COMMITMENT
6 PROCEEDINGS. The legislative council is requested to
7 establish a study committee during the 2001 interim on
8 issues relating to involuntary hospitalization
9 including, but not limited to, both inpatient and
10 outpatient commitment proceedings and advanced
11 directives. The study committee shall consist of
12 legislator members of both political parties from both
13 houses of the general assembly, representatives of the
14 judicial branch and the department of corrections, law
15 enforcement personnel, including police officers and
16 sheriffs, mental health consumers, mental health
17 advocacy groups, including, but not limited to,
18 representatives from the alliance for the mentally ill
19 and mental health advocates, representatives from the
20 Iowa department of public health, and representatives
21 from the psychiatric and psychological services
22 community."
23 2. Title page, line 4, by inserting after the
24 word "abusers" the following: ", providing for an
25 interim study committee,".

26 3. By renumbering as necessary.

Amendment H-1263 was adopted.

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. 587)

The ayes were, 56:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Carroll Cormack
De Boef Dix Dolecheck Eddie
Eichhorn Elgin Finch Garman
Gipp Grundberg Hahn Hansen
Heaton Horbach Houser Hoversten
Huseman Jacobs Jenkins Johnson
Kettering Klemme Kreiman Larson
Manternach Metcalf Millage Quirk
Raecker Rants Rayhons Rekow
Roberts Shey Shoultz Sievers
Sukup Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Mr. Speaker
Siegrist

 


The nays were, 41:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Huser Jochum
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Reynolds
Richardson Scherrman Schrader Seng
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


Absent or not voting, 3:
Brunkhorst Drake Hoffman

 



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

House File 225, a bill for an act providing for the reorganization
of districts for the election of Iowa state fair board directors, and
providing for an election, with report of committee recommending
passage, was taken up for consideration.

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. 225)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 2:
Drake Hoffman

 


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

House File 628, a bill for an act relating to the regulation of grain
dealers by providing an exception for limited liability companies that
produce renewable fuel, was taken up for consideration.

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

On the question "Shall the bill pass?" (H.F. 628)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 2:
Drake Hoffman

 


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 225, 587 and 628.

PRESENTATION OF VISITORS

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

Twenty high school students from Teen Leaders in Action in
Ottumwa, accompanied by Michelle Sipe, Bethann Cox and Tracey
Boxx-Vass. By Tremmel of Wapello.

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

2001\646 Western Dubuque Bobcat Basketball Team, Epworth - For being the
2001 Class 3-A Boys State Basketball Champions.

2001\647 Eric Juergens, Maquoketa - For winning the 2nd straight NCAA
Wrestling Championship at 133 pounds.

2001\648 Mr. and Mrs. Lynn Brenneman, Kalona - For celebrating their 50th
wedding anniversary.

2001\649 Audrey and Bill Gretter, Keota - For celebrating their 50th wedding
anniversary.

2001\650 Danville Boys Basketball Team, Danville - For being the 2001 Class 2-
A Boys State Basketball Champions.

2001\651 Lucille Cobet, Tama - For celebrating her 80th birthday.

2001\652 Marvel Manfull, Tama - For celebrating her 95th birthday.

SUBCOMMITTEE ASSIGNMENTS


House File 568

Ways and Means: Shey, Chair; Hansen and Jochum.

House File 619

Ways and Means: Houser, Chair; Osterhaus and Sievers.

House File 641

Ways and Means: Teig, Chair; Finch and Shoultz.

House File 644

Ways and Means: Sievers, Chair; Houser and Kuhn.

House File 659

Ways and Means: Van Fossen, Chair; Shey and Shoultz.

Senate File 185

Ways and Means: Shey, Chair; Larkin and Larson.

Senate File 203

Education: Brunkhorst, Chair; Carroll and Mascher.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 239

Appropriations: Gipp, Chair; Barry and Warnstadt.

House Study Bill 240

Appropriations: Jenkins, Chair; Jacobs, Raecker, Seng and Wise.

AMENDMENTS FILED

H-1276 H.F. 526 Gipp of Winneshiek
H-1277 H.F. 577 Schrader of Marion
H-1278 H.F. 577 Schrader of Marion
H-1279 H.F. 593 Smith of Marshall
H-1280 H.F. 593 Smith of Marshall
H-1281 H.F. 567 Carroll of Poweshiek
H-1282 H.F. 382 Osterhaus of Jackson
H-1283 H.F. 630 Gipp of Winneshiek

H-1284 H.F. 577 Witt of Black Hawk
Greimann of Story Hatch of Polk
Jochum of Dubuque Mascher of Johnson
Shoultz of Black Hawk Stevens of Dickinson
H-1285 H.F. 577 Witt of Black Hawk
Greimann of Story Hatch of Polk
Jochum of Dubuque Mascher of Johnson
Shoultz of Black Hawk Stevens of Dickinson
H-1286 H.F. 577 Jenkins of Black Hawk
H-1287 H.F. 304 Mascher of Johnson
H-1288 H.F. 382 Osterhaus of Jackson
H-1289 H.F. 382 Osterhaus of Jackson
H-1290 H.F. 304 Warnstadt of Woodbury
H-1291 H.F. 643 Grundberg of Polk
H-1292 H.F. 304 Warnstadt of Woodbury
H-1293 H.F. 304 Jacobs of Polk
H-1294 H.F. 637 Boal of Polk
H-1295 H.F. 646 Tremmel of Wapello
H-1296 H.F. 653 Tremmel of Wapello
H-1297 H.F. 577 Jenkins of Black Hawk
H-1298 H.F. 638 Huser of Polk

On motion by Rants of Woodbury the House adjourned at 12:54
p.m., until 8:45 a.m., Thursday, March 22, 2001.


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