House Journal: Monday, April 9, 2001
JOURNAL OF THE HOUSE
Ninety-second Calendar Day - Sixty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, April 9, 2001
The House met pursuant to adjournment at 1:09 p.m., Speaker
Siegrist in the chair.
Prayer was offered by Reverend Jim Morris, pastor of the United
Methodist Church, Emmetsburg. He was the guest of Representative
Marcie Frevert of Palo Alto County.
The Journal of Friday, April 6, 2001 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Grant Wood All City Drum
Corps, directed by Slayton Thompson, Cedar Rapids. A medallion
was presented to the Speaker by members of the Drum Corps.
The House rose and expressed its welcome.
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 5, 2001, adopted the following resolution in which the concurrence of the Senate
was asked:
House Joint Resolution 11, a joint resolution to nullify administrative rules of the
department of natural resources requiring a harvest report of wild turkeys by resident
and nonresident hunters, and providing an effective date.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
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.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 272, a bill for an act relating to felonious misconduct by a public officer
or employee and providing a penalty.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 293, a bill for an act relating to the duties of the board of directors of a
school district prior to a regular school election.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 353, a bill for an act relating to the amount of classroom instruction
offered in an approved driver education course as programmed by the department of
education.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 400, a bill for an act relating to the regulation of real estate appraisers.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 451, a bill for an act regulating the practice of accounting, establishing
fees, providing penalties, and providing an effective date.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 462, a bill for an act relating to the reimbursement of administrative
costs of an area education agency for services provided by the agency under part C of
the federal Individuals With Disabilities Education Act, and providing an effective
date.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 481, a bill for an act relating to the establishment of city precincts and
providing an effective date.
Also: That the Senate has on April 9, 2001, amended and passed the following bill
in which the concurrence of the House is asked:
House File 560, a bill for an act relating to child foster care regulatory
requirements and providing an effective date.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 566, a bill for an act relating to the terms "registered voter", "eligible
elector", and "qualified voter" for purposes of elections, voter registration, statutory
petition requirements, absentee voting by armed forces, and drainage district elections.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 624, a bill for an act relating to the appointment and dismissal of a
police chief or marshal under a mayor-council form of city government.
Also: That the Senate has on April 9, 2001, adopted the following resolution in
which the concurrence of the House is asked:
Senate Concurrent Resolution 8, a concurrent resolution urging United States
Congressional support for the Railroad Retirement and Survivors Improvement Act.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 259, a bill for an act relating to the victim rights compensation fund.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 511, a bill for an act to legalize certain ordinances and amendments
considered and passed by the city of Davenport in accordance with procedures no
longer valid, and providing an effective date and for retroactive applicability.
MICHAEL E. MARSHALL, Secretary
Speaker pro tempore Sukup in the chair at 1:17 p.m.
SPECIAL PRESENTATION
Alons of Sioux introduced faculty, coaches and the men’s and
women’s basketball team members from Northwestern College of
Orange City.
The House rose and expressed its welcome.
ADOPTION OF HOUSE RESOLUTION 27
Alons of Sioux called up for consideration House Resolution 27, a
resolution congratulating the Men's and Women's Basketball Teams
of Northwestern College of Orange City, and moved its adoption.
The motion prevailed and the resolution was adopted.
The House stood at ease at 1:26 p.m., until the fall of the gavel.
The House resumed session at 3:44 p.m., Carroll of Poweshiek in
the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Falck of Fayette on request of Myers of Johnson; Grundberg of Polk on request of
Speaker Siegrist.
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 9, 2001, passed the following bill in which the concurrence of the Senate was
asked:
House File 256, a bill for an act relating to health care facility regulation, including
information to be included in a notice of a deficiency and including the consultation of
the department of inspections and appeals and the state fire marshal in promulgating
rules.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 309, a bill for an act to legalize participation in an instructional support
program by the West Bend-Mallard Community School District and providing an
effective and retroactive applicability date.
Also: That the Senate has on April 9, 2001, amended and passed the following bill
in which the concurrence of the House is asked:
House File 567, a bill for an act providing for a legal risk waiver in interstate
adoptions.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 569, a bill for an act relating to the proposed uniform computer
information transactions Act.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
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.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 636, a bill for an act relating to the reporting of underground storage
tanks and to benefits provided through funds administered by the Iowa comprehensive
petroleum underground storage tank fund board.
Also: That the Senate has on April 9, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 515, a bill for an act providing for the crossing of railroad rights-of-way
by public utilities, and providing applicability dates.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGES CONSIDERED
Senate File 259, by committee on judiciary, a bill for an act
relating to the victim rights compensation fund.
Read first time and passed on file.
Senate File 511, by Tinsman and Deluhery, a bill for an act to
legalize certain ordinances and amendments considered and passed
by the city of Davenport in accordance with procedures no longer
valid, and providing an effective date and for retroactive applicability.
Read first time and passed on file.
CONSIDERATION OF BILLS
Unfinished Business Calendar
House File 402, a bill for an act eliminating filing and service fees
for plaintiffs seeking relief from domestic abuse, was taken up for
consideration.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-three members present,
twenty-seven absent.
Kreiman of Davis offered the following amendment H-1202 filed by
him and Broers of Cerro Gordo and moved its adoption:
H-1202
1 Amend House File 402 as follows:
2 1. Page 1, line 4, by inserting after the word
3 "fee" the following: "and court costs".
4 2. Page 1, lines 5 and 6, by striking the words
5 "court administrator" and inserting the following:
6 "clerk of court".
7 3. Page 1, by striking line 9 and inserting the
8 following: "the petitioner. When an order for
9 protection is entered by the court, the court may
10 direct the defendant to pay to".
11 4. Page 1, by striking line 10 and inserting the
12 following: "the clerk of court the plaintiff's filing
13 fees and".
14 5. Page 1, line 15, by inserting after the word
15 "amended" the following: "to read".
16 6. Title page, line 1, by inserting after the
17 word "eliminating" the following: "court costs and".
18 7. By renumbering as necessary.
Amendment H-1202 was adopted.
SENATE FILE 347 SUBSTITUTED FOR HOUSE FILE 402
Broers of Cerro Gordo asked and received unanimous consent to
substitute Senate File 347 for House File 402.
Senate File 347, a bill for an act eliminating court costs and filing
and service fees for plaintiffs seeking relief from domestic abuse, was
taken up for consideration.
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. 347)
The ayes were, 97:
|
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 | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | Greimann | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
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 | Stevens | 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, 3:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 402 WITHDRAWN
Broers of Cerro Gordo asked and received unanimous consent to
withdraw House File 402 from further consideration by the House.
House File 401, a bill for an act relating to charitable gift
annuities, by providing for notice and filing requirements and
providing for penalties, was taken up for consideration.
SENATE FILE 102 SUBSTITUTED FOR HOUSE FILE 401
Hoffman of Crawford asked and received unanimous consent to
substitute Senate File 102 for House File 401.
Senate File 102, a bill for an act relating to charitable gift
annuities, by providing for notice and filing requirements and
providing for penalties, was taken up for consideration.
Hoffman of Crawford 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. 102)
The ayes were, 95:
|
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 | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | Greimann | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
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 | Stevens | Sukup | Taylor, D. |
|
Teig | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Warnstadt | Weidman | Winckler |
|
Wise | Witt | Carroll, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 5:
|
Falck | Grundberg | Houser | Taylor, T. |
|
Van Fossen |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 401 WITHDRAWN
Hoffman of Crawford asked and received unanimous consent to
withdraw House File 401 from further consideration by the House.
IMMEDIATE MESSAGES
Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: Senate Files
102 and 347.
House File 436, a bill for an act creating a new criminal offense of
escape from custody by a sexually violent predator civilly committed
to confinement and providing a penalty, was taken up for
consideration.
SENATE FILE 94 SUBSTITUTED FOR HOUSE FILE 436
Broers of Cerro Gordo asked and received unanimous consent to
substitute Senate File 94 for House File 436.
Senate File 94, a bill for an act creating a new criminal offense of
escape from custody by a sexually violent predator civilly committed
to confinement and providing a penalty, was taken up for
consideration.
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. 94)
The ayes were, 95:
|
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 | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | Greimann | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
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 | Stevens | Sukup | Taylor, D. |
|
Teig | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Warnstadt | Weidman | Winckler |
|
Wise | Witt | Carroll, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 5:
|
Falck | Grundberg | Houser | Taylor, T. |
|
Van Fossen |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 436 WITHDRAWN
Broers of Cerro Gordo asked and received unanimous consent to
withdraw House File 436 from further consideration by the House.
IMMEDIATE MESSAGE
Jacobs of Polk asked and received unanimous consent that Senate
File 94 be immediately messaged to the Senate.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 5, 2001.
Had I been present, I would have voted "aye" on House Files 654 and
687.
FORD of Polk
I was necessarily absent from the House chamber on April 9, 2001.
Had I been present, I would have voted "aye" on Senate Files 94 and
102.
T. TAYLOR of Linn
COMMUNICATIONS RECEIVED
The following communications were received and filed in the office
of the Chief Clerk:
AUDITOR OF STATE
The Independent Auditor's Report, pursuant to Chapter 11.25(2), Code of Iowa.
DEPARTMENT OF TRANSPORTATION
The Quadrennial Need Study Report on Highways, Roads, and Streets for Study
Years 1998-2017, pursuant to Chapter 307A.2(14)(a), Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2001\834 Ron Worley, Graettinger - For his 35 years of dedicated service to
Graettinger High School, especially to the Government and History
departments.
2001\835 Cecil and Hazel Brim, Grinnell - For celebrating their 60th wedding
anniversary.
2001\836 Leo and Nellie Vande Krol, Sully - For celebrating their 50th wedding
anniversary.
2001\837 Frank and Gladys Strovers, Grinnell - For celebrating their 71st
wedding anniversary.
2001\838 Vern and Mary Welch, Brooklyn - For celebrating their 50th wedding
anniversary.
2001\839 Neita Banta, Grinnell - For celebrating her 85th birthday.
2001\840 Charles McDaniel, Grinnell - For celebrating his 80th birthday.
2001\841 Andrew Peterson, Iowa City - For being the winner of the National
Debate Team Tournament.
2001\842 Alice Heitmann, Holstein - For celebrating her 80th birthday.
2001\843 Edith Krohn, Sac City - For celebrating her 80th birthday.
2001\844 Myrtle Johnson, Sac City - For celebrating her 91st birthday.
2001\845 Bill and Karen Symonds, Clear Lake - For celebrating their 50th
wedding anniversary.
2001\846 Buford and Violet Christensen, Mason City - For celebrating their 50th
wedding anniversary.
2001\847 Bertha and Robert Smith, Adair - For celebrating their 50th wedding
anniversary.
2001\848 Jean and Gerald Reed, Greenfield - For celebrating their 50th wedding
anniversary.
2001\849 Martelle and Ward Kraft, Yale - For celebrating their 60th wedding
anniversary.
2001\850 Ward Kraft, Yale - For celebrating his 90th birthday.
2001\851 Minnie Shoesmith, Guthrie Center - For celebrating her 91st birthday.
2001\852 Helen Keesey, Winterset - For celebrating her 90th birthday.
2001\853 Detective Dave Hinton, Keokuk - For being named "Policeman of the
Year" by the Keokuk Kiwanis Club.
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 494, a bill for an act relating to disputes in mediation involving
agricultural operations.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1452 April 5, 2001.
Pursuant to Rule 31.7, Senate File 494 was referred to the committee on
judiciary.
COMMITTEE ON EDUCATION
Senate File 348, a bill for an act relating to the establishment of Iowa charter
schools and providing for a conditional effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1450 April 5, 2001.
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.
Fiscal Note is not required.
Recommended Do Pass April 5, 2001.
COMMITTEE ON HUMAN RESOURCES
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.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1451 April 5, 2001.
Pursuant to Rule 31.7, Senate File 428 was referred to the committee on
appropriations.
COMMITTEE ON JUDICIARY
Senate File 346, a bill for an act relating to the department of corrections by
providing for the use of deadly force by correctional or peace officers, for submission of
presentence investigation reports to the department, for establishing a training fund in
the department, for transcription and recording of testimony for certain investigations
conducted by the department of corrections, and for purchases by a department or
agency from Iowa state industries.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1461 April 4, 2001.
Senate File 485, a bill for an act relating to jurisdiction in criminal forfeiture
proceedings.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1459 April 5, 2001.
Senate File 499, a bill for an act making changes to and reorganizing scheduled
fines.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1460 April 5, 2001.
COMMITTEE ON TRANSPORTATION
Senate File 341, a bill for an act making modifications to certain transportation-
related fines, penalties, and registration fees for vehicles nine model years old or older,
and providing an effective date.
Fiscal Note is not required.
Committee Action: Failed to Pass April 4, 2001.
RESOLUTIONS FILED
HR 34, by Raecker, Grundberg, Myers, Mascher, Fallon, Kuhn,
Quirk, Greimann, Hatch, Smith, Kreiman, Jochum, Falck,
Richardson, Witt, T. Taylor, Reynolds, Dotzler, Mertz, Stevens,
Foege, Petersen, Lensing, Winckler, Larkin, Wise, Bukta, O'Brien,
Cohoon, May, Huser, Osterhaus, Jacobs, Teig, Van Engelenhoven,
Johnson, Alons, De Boef, Boal, Metcalf, Dix, Broers, Garman,
Boddicker, Cormack, Eichhorn, Rayhons, Heaton, Brunkhorst,
Hansen, Eddie, Gipp, Tyrrell, Klemme, Kettering, Drake, Rekow,
Tymeson, Finch, Roberts, Dolecheck, Hahn, Baudler, Weidman,
Brauns, Shey, Huseman, Sievers, Hoffman, Jenkins, Boggess, and
Elgin, a resolution honoring the University of Iowa Women's
Basketball Team and Coach Lisa Bluder.
Laid over under Rule 25.
HR 35, by Tymeson, Warnstadt, Alons, Hoffman, and Kettering, a
resolution recognizing Task Force Charlie of the Iowa Army National
Guard for its dedication and outstanding performance of duty.
Laid over under Rule 25.
SCR 8, by Iverson, Drake, Rittmer, Horn, Dearden, and Gronstal, a
concurrent resolution urging United States Congressional support for
the Railroad Retirement and Survivors Improvement Act.
Laid over under Rule 25.
AMENDMENTS FILED
H-1449 H.F. 560 Senate Amendment
H-1450 S.F. 348 Committee on Education
H-1451 S.F. 428 Committee on Human Resources
H-1452 S.F. 494 Committee on Agriculture
H-1453 H.F. 567 Senate Amendment
H-1454 S.F. 342 Jacobs of Polk
H-1455 S.F. 355 Eichhorn of Hamilton
H-1456 S.F. 372 Petersen of Polk
H-1457 H.F. 324 Huser of Polk
Brauns of Muscatine
H-1458 S.F. 410 Schrader of Marion
H-1459 S.F. 485 Committee on Judiciary
H-1460 S.F. 499 Committee on Judiciary
H-1461 S.F. 346 Committee on Judiciary
H-1462 S.F. 419 Millage of Scott
On motion by Rants of Woodbury the House adjourned at 4:13
p.m., until 8:45 a.m., Tuesday, April 10, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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