House Journal: Tuesday, April 3, 2001
JOURNAL OF THE HOUSE
Eighty-sixth Calendar Day - Fifty-ninth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 3, 2001
The House met pursuant to adjournment at 8:47 a.m., Speaker
Siegrist in the chair.
Prayer was offered by Reverend Don Hodson, pastor of Coralville
United Methodist Church, Coralville. He is the guest of
Representative Richard Myers of Johnson County.
The Journal of Monday, April 2, 2001 was approved.
SENATE MESSAGES CONSIDERED
Senate File 289, by Flynn, a bill for an act relating to open burn
notifications and providing a penalty.
Read first time and referred to committee on environmental
protection.
Senate File 336, by committee on education, a bill for an act
relating to the authority of the state board of educational examiners
to develop a code of professional rights and responsibilities, practices,
and ethics for practitioners.
Read first time and referred to committee on education.
Senate File 429, by committee on commerce, a bill for an act
relating to price regulation for local exchange carriers, by changing
certain definitions related to price regulation, permitting certain rate
increases, requiring certain network infrastructure investments, and
making related changes.
Read first time and referred to committee on commerce and
regulation.
Senate File 494, by committee on agriculture, a bill for an act
relating to disputes in mediation involving agricultural operations.
Read first time and referred to committee on agriculture.
Senate File 503, by committee on natural resources and
environment, a bill for an act relating to the construction of facilities
or installation of practices related to open feedlot manure control, and
providing an effective date.
Read first time and referred to committee on agriculture.
CONSIDERATION OF BILL
Regular Calendar
House File 582, a bill for an act relating to the division and
development of land by amending provisions relating to subdivision
plats and plats of survey and relating to annexation and other
boundary adjustments, and providing for the Act's applicability, was
taken up for consideration.
Wise of Lee offered the following amendment H(1305 filed by him
and moved its adoption:
H-1305
1 Amend House File 582 as follows:
2 1. Page 1, by inserting before line 1, the
3 following:
4 "Section 100. Section 331.303, Code 2001, is
5 amended by adding the following new subsection:
6 NEW SUBSECTION. 8A. Upon petition of twenty
7 percent of the eligible electors residing in an
8 unincorporated area of a county and affected by a city
9 zoning ordinance or regulation or an amendment to a
10 city zoning ordinance or regulation, approve or
11 disapprove a city zoning ordinance or regulation or an
12 amendment to the ordinance or regulation affecting the
13 unincorporated area of the county pursuant to section
14 414.23."
15 2. Page 12, by inserting before line 11, the
16 following:
17 "Sec. 200. Section 414.23, unnumbered paragraph 3,
18 Code 2001, is amended to read as follows:
19 Property owners affected by such zoning regulations
20 shall have the same rights of hearing, protest, and
21 appeal as those within the municipality exercising
22 this power. However, upon petition of twenty percent
23 of the eligible electors residing in an unincorporated
24 area of a county and affected by a city zoning
25 ordinance or regulation or an amendment to a city
26 zoning ordinance or regulation, the city zoning
27 ordinance or regulation or amendment to an ordinance
28 or regulation shall not take effect within the
29 unincorporated area unless the zoning ordinance or
30 regulation or an amendment to an ordinance or
31 regulation is approved by the board of supervisors.
32 The petition shall be submitted to the county auditor.
33 The auditor shall notify the city of receipt of the
34 petition."
35 3. Page 12, line 11, by striking the word "This"
36 and inserting the following: "Sections 100 and 200 of
37 this Act apply to a city zoning ordinance or
38 regulation or an amendment to a city ordinance or
39 regulation affecting an unincorporated area of a
40 county, which is adopted on or after the effective
41 date of this Act. The remainder of this".
42 4. Title page, line 2, by inserting after the
43 word "to" the following: "city zoning, relating to".
44 5. Title page, line 3, by striking the word
45 "survey" and inserting the following: "survey,".
46 6. By renumbering as necessary.
Roll call was requested by Wise of Lee and O'Brien of Boone.
On the question "Shall amendment H-1305 be adopted?" (H.F. 582)
The ayes were, 40:
|
Atteberry | Boddicker | Broers | Chiodo |
|
Cohoon | De Boef | Dotzler | Falck |
|
Finch | Foege | Ford | Frevert |
|
Garman | Greimann | Heaton | Hoversten |
|
Huser | Kreiman | Kuhn | Larkin |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Murphy | O'Brien | Osterhaus |
|
Petersen | Quirk | Reynolds | Richardson |
|
Scherrman | Schrader | Smith | Stevens |
|
Tremmel | Tymeson | Winckler | Wise |
|
|
The nays were, 58:
|
Alons | Arnold | Barry | Baudler |
|
Bell | Boal | Boggess | Bradley |
|
Brauns | Brunkhorst | Bukta | Carroll |
|
Connors | Cormack | Dix | Dolecheck |
|
Drake | Eddie | Eichhorn | Elgin |
|
Fallon | Gipp | Grundberg | Hahn |
|
Hatch | Hoffman | Horbach | Houser |
|
Huseman | Jacobs | Jenkins | Jochum |
|
Johnson | Kettering | Klemme | Larson |
|
Metcalf | Millage | Raecker | Rants |
|
Rayhons | Rekow | Roberts | Seng |
|
Shey | Shoultz | Sievers | Sukup |
|
Taylor, D. | Taylor, T. | Teig | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Witt | Mr. Speaker |
|
| Siegrist |
|
|
Absent or not voting, 2:
|
Hansen | Myers |
|
Amendment H(1305 lost.
|
Richardson of Warren offered the following amendment H(1385
filed by him and moved its adoption:
H-1385
1 Amend House File 582 as follows:
2 1. Page 1, by striking lines 1 through 9.
3 2. By renumbering as necessary.
Amendment H(1385 was adopted.
Richardson of Warren offered amendment H(1404 filed by Houser
of Pottawattamie as follows:
H-1404
1 Amend House File 582 as follows:
2 1. By striking page 3, line 19, through page 4,
3 line 19, and inserting the following: "enactment. If
4 such an agreement is in force, the board shall dismiss
5 a petition or plan which violates the terms of the
6 agreement."
7 2. By striking page 4, line 35 through page 5,
8 line 4, and inserting the following: "An annexation
9 including territory".
10 3. Page 5, by striking lines 8 through 12, and
11 inserting the following: "hearing for all affected
12 property owners and the county."
13 4. Page 5, line 20, by striking the word
14 "certified" and inserting the following: "regular".
15 5. By striking page 7, line 20 through page 9,
16 line 6.
17 6. By striking page 9, line 21 through page 11,
18 line 19.
19 7. Page 12, line 12, by striking the words
20 "boundary adjustment" and inserting the following:
21 "annexation of territory".
22 8. By renumbering as necessary.
Rants of Woodbury asked and received unanimous consent that
House File 582 be deferred and that the bill retain its place on the
calendar. (Amendment H-1404 pending)
On motion by Rants of Woodbury, the House was recessed at 9:23
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:01 p.m., Gipp of Winneshiek in the
chair.
SENATE MESSAGE CONSIDERED
Senate Joint Resolution 3, by committee on judiciary, a joint
resolution authorizing the sixth judicial district department of
correctional services to extend a lease-purchase agreement and
providing an effective date.
Read first time and referred to committee on judiciary.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-five members present,
twenty-five absent.
The House stood at ease at 1:14 p.m., until the fall of the gavel.
The House resumed session at 2:42 p.m., Speaker Siegrist in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-seven members present, forty-
three absent.
CONSIDERATION OF BILL
Regular Calendar
The House resumed consideration of House File 582, a bill for an
act relating to the division and development of land by amending
provisions relating to subdivision plats and plats of survey and
relating to annexation and other boundary adjustments, and
providing for the Act's applicability, previously deferred with
amendment H-1404 pending and found on page 1603 of the House
Journal.
Fallon of Polk offered the following amendment H-1425, to
amendment H-1404, filed by him from the floor and moved its
adoption:
H-1425
1 Amend the amendment, H-1404, to House File 582, as
2 follows:
3 1. Page 1, by inserting after line 6, the
4 following:
5 " . Page 4, line 28, by inserting after the
6 word "uniform" the following: "and regular city"."
7 2. Page 1, by inserting after line 6, the
8 following:
9 " . Page 4, line 32, by inserting after the
10 word "application." the following: "A certified
11 survey of the land area must be made if territory
12 comprising less than eighty-five percent of the land
13 area is included with the consent of the property
14 owners. The survey shall be paid by the applicants.""
15 3. Page 1, by inserting after line 6, the
16 following:
17 " . Page 4, by striking lines 33 and 34 and
18 inserting the following: "and a map of showing the
19 territory showing its location in relationship to and
20 the entire city.""
21 4. Page 1, by inserting after line 14, the
22 following:
23 " . Page 6, line 4, by inserting after the word
24 "application." the following: "The council shall not
25 approve an application if the territory to be added
26 does not create more uniform and regular city
27 boundaries.""
28 5. Page 1, by inserting after line 14, the
29 following:
30 " . Page 6, line 29, by inserting after the
31 word "resolution." the following: "The map shall show
32 the territory and the entire city to which the
33 annexation is directed.""
34 6. Page 1, by inserting after line 14, the
35 following:
36 " . Page 6, line 35, by inserting after the
37 word "board." the following: "The application must
38 contain a legal description and a map showing the
39 territory and the entire city to which the annexation
40 is directed.""
41 7. Page 1, by inserting after line 14, the
42 following:
43 " . Page 7, line 2, by inserting after the word
44 "island." the following: "The board shall not approve
45 an application if the territory to be added does not
46 create more uniform and regular city boundaries.""
47 8. Page 1, by inserting after line 16, the
48 following:
49 " . Page 9, by inserting before line 7, the
50 following:
Page 2
1 "Sec. . Section 368.11, subsection 2, Code
2 2001, is amended to read as follows:
3 2. A map of the territory, and of the entire city
4 or cities involved.""
5 9. Page 1, by inserting before line 19, the
6 following:
7 " . Page 11, by inserting before line 20, the
8 following:
9 "Sec. . Section 368.17, Code 2001, is amended
10 by adding the following new subsection:
11 NEW SUBSECTION. 8. An annexation if the territory
12 to be added does not create more uniform and regular
13 city boundaries.""
14 10. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 40, nays 46.
Amendment H-1425 lost.
On motion by Richardson of Warren amendment H-1404 was
adopted, placing out of order amendment H-1313 filed by Houser of
Pottawattamie and amendment H-1359 filed by Fallon of Polk.
Richardson of Warren offered the following amendment H-1413
filed by Houser of Pottawattamie and moved its adoption:
H-1413
1 Amend House File 582 as follows:
2 1. Page 11, by striking lines 20 through 29.
3 2. Page 12, by striking line 8, and inserting the
4 following: ""services" means services selected by a
5 landowner to be provided by the city, including, but
6 not limited to, water supply".
Amendment H-1413 was adopted.
Carroll of Poweshiek in the chair at 3:18 p.m.
Houser of Pottawattamie 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. 582)
The ayes were, 99:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Falck | Fallon |
|
Finch | Foege | Ford | Frevert |
|
Garman | Gipp | Greimann | Grundberg |
|
Hahn | Hansen | Hatch | Heaton |
|
Hoffman | 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 | Siegrist, Spkr. | Sievers | Smith |
|
Sukup | Taylor, D. | Taylor, T. | Teig |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Winckler |
|
Wise | Witt | Carroll, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 1:
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 unanimous consent that the following
bills be immediately messaged to the Senate: House Files 582 and
670.
Objection was raised.
Rants of Woodbury moved that House Files 582 and 670 be
immediately messaged to the Senate.
A non-record roll call was requested.
The ayes were 54, nays 41.
The motion to immediately message prevailed.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on April 3, 2001.
Had I been present, I would have voted "aye" on House File 582.
STEVENS of Dickinson
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Thirty 12th grade government students from Clarke Community
Schools, Osceola, accompanied by Tom Murr and Joe Shelton. By
Arnold of Lucas.
Fifty-two students from West High School, Davenport, accom-
panied by Mr. Barnhill. By Sievers of Scott.
Thirty students from Okoboji. By Stevens of Dickinson.
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\782 Adam Elliot, Des Moines - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2001\783 Mr. and Mrs. Bernard Berg, Wellman - For celebrating their 50th
wedding anniversary.
2001\784 Lenora and Rex Bever, Fremont - For celebrating their 80th birthdays.
2001\785 Lottie Baumert, Keota - For celebrating her 90th birthday.
2001\786 Sue Acord, What Cheer - For celebrating her 80th birthday.
2001\787 Christopher J. Conrad, Davenport - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
Senate File 289
Environmental Protection: Gipp, Chair; Lensing and Sievers.
Senate File 336
Education: Boal, Chair; Eddie and Lensing.
Senate File 374
Human Resources: Larson, Chair; Boddicker, Foege, Hoversten and Kreiman.
Senate File 412 Reassigned
Education: Finch, Chair; Bukta and Tymeson.
Senate File 429
Commerce and Regulation: Dix, Chair; Falck and Metcalf.
Senate File 485
Judiciary: Eichhorn, Chair; Shey and Tremmel.
Senate File 486
Judiciary: Shey, Chair; Eichhorn and Kreiman.
Senate File 494
Agriculture: Teig, Chair; Klemme and Kreiman.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 247 Ways and Means
Relating to a community renewal initiative by establishing a
community development program to provide tax credits for income
tax, franchise tax, and premiums tax for businesses contributing to
community development projects to aid certain neighborhoods and
communities or contributing to child care benefits for employees and
including effective and applicability date provisions.
H.S.B. 248 Ways and Means
Establishing a renewable fuel initiative by providing corporate and
individual income tax credits for selling certain ethanol blended
gasoline and making penalties applicable 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 AGRICULTURE
Senate File 209, a bill for an act providing for the control of paratuberculosis, and
providing for penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1421 April 2, 2001.
Senate File 211, a bill for an act relating to the powers and duties of the
department of agriculture and land stewardship.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1422 April 2, 2001.
Senate File 465, a bill for an act creating a fund for the use of the state
department of transportation to purchase soydiesel fuel for use in its vehicles and
providing an effective date.
Fiscal Note is not required.
Recommended Do Pass April 3, 2001.
Senate File 470, a bill for an act relating to the regulation of infectious and
contagious diseases in animals, and providing for penalties.
Fiscal Note is not required.
Recommended Do Pass April 3, 2001.
COMMITTEE ON EDUCATION
Senate File 480, a bill for an act directing the department of education to establish
a task force to conduct a comprehensive review of the licensing of community college
faculty.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1426 April 3, 2001.
COMMITTEE ON JUDICIARY
Senate File 222, a bill for an act relating to the statute of limitations in civil
actions arising out of the unsafe or defective condition of an improvement to real
property.
Fiscal Note is not required.
Recommended Do Pass April 3, 2001.
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.
Fiscal Note is not required.
Recommended Do Pass April 3, 2001.
COMMITTEE ON STATE GOVERNMENT
Senate File 323, a bill for an act relating to the standard for investment of
retirement funds by municipal utilities.
Fiscal Note is not required.
Recommended Do Pass April 3, 2001.
RESOLUTION FILED
HR 30, by Raecker, Ford, Jacobs, Sukup, Hansen, Brunkhorst,
Heaton, Rayhons, Eichhorn, Cormack, Boddicker, Garman, Broers,
Dix, Metcalf, Boal, De Boef, Alons, Johnson, Van Engelenhoven, Teig,
Carroll, Hoffman, Arnold, Hoversten, Eddie, Tyrrell, Klemme,
Grundberg, Kettering, Drake, Rekow, Tymeson, Finch, Roberts,
Dolecheck, Hahn, Baudler, Weidman, Brauns, Shey, Huseman,
Sievers, Jenkins, Boggess, Elgin, Gipp, Myers, Mascher, Fallon,
Kuhn, Quirk, Greimann, Hatch, Smith, Kreiman, Jochum, Falck,
Richardson, Witt, T. Taylor, Reynolds, Dotzler, Stevens, Mertz,
Petersen, Foege, Lensing, Winckler, Larkin, Wise, Bukta, O'Brien,
Connors, Cohoon, May, Warnstadt, Huser, and Osterhaus, a
resolution honoring the Drake Women's Basketball Team.
Laid over under Rule 25.
AMENDMENTS FILED
H-1421 S.F. 209 Committee on Agriculture
H-1422 S.F. 211 Committee on Agriculture
H-1423 H.C.R. 24 Hoversten of Woodbury
H-1424 S.F. 437 Quirk of Chickasaw
H-1426 S.F. 480 Committee on Education
H-1427 S.F. 211 Frevert of Palo Alto
H-1428 H.F. 690 Warnstadt of Woodbury
Boddicker of Cedar
Reynolds of Van Buren
Kreiman of Davis
On motion by Rants of Woodbury the House adjourned at 4:01
p.m., until 8:45 a.m., Wednesday, April 4, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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