House Journal: Tuesday, April 10, 2001
JOURNAL OF THE HOUSE
Ninety-third Calendar Day - Sixty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 10, 2001
The House met pursuant to adjournment at 8:48 a.m., Speaker
Siegrist in the chair.
Prayer was offered by Reverend Nancy Solomonson, pastor of Our
Savior’s Lutheran Church, Cedar Rapids. She was the guest of
Representative Bob Osterhaus of Jackson County.
The Journal of Monday, April 9, 2001 was approved.
SENATE MESSAGE CONSIDERED
Senate File 515, by Iverson and Gronstal, a bill for an act
providing for the crossing of railroad rights-of-way by public utilities,
and providing applicability dates.
Read first time and referred to committee on commerce and
regulation.
SPECIAL PRESENTATION
Speaker Siegrist introduced to the House the Honorable Joe Ertl,
former state representative from Dubuque County.
The House rose and expressed its welcome.
CONSIDERATION OF BILL
Regular Calendar
Senate File 114, a bill for an act relating to the composition of the
medical assistance advisory council, with report of committee
recommending amendment and passage, was taken up for
consideration.
Hoversten of Woodbury offered the following amendment H-1442
filed by the committee on human resources and moved its adoption:
H-1442
1 Amend Senate File 114, as passed by the Senate, as
2 follows:
3 1. Page 5, line 27, by inserting after the word
4 "physicians," the following: "the Iowa chapter of the
5 American academy of pediatrics,".
6 2. Page 6, line 27, by inserting after the word
7 "director;" the following: "the dean of Des Moines
8 university-osteopathic medical center, or a
9 representative designated by the dean;".
Speaker pro tempore Sukup in the chair at 9:02 a.m.
The committee amendment H-1442 was adopted.
Rants of Woodbury asked and received unanimous consent that
Senate File 114 be deferred and that the bill retain its place on the
calendar.
On motion by Rants of Woodbury, the House was recessed at 9:08
a.m., until 3:00 p.m.
AFTERNOON SESSION
The House reconvened at 3:25 p.m., Carroll of Poweshiek in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty members present, twenty
absent.
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 10, 2001, passed the following bill in which the concurrence of the Senate was
asked:
House File 178, a bill for an act applying child in need of assistance and child abuse
provisions to a child whose parent or guardian or the person responsible for the child's
care has manufactured or possessed a dangerous substance in a child's presence.
Also: That the Senate has on April 10, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 259, a bill for an act relating to the duties and office of the secretary of
state in commissioning notarial officers.
Also: That the Senate has on April 10, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 270, a bill for an act striking certain filing requirements related to
campus crime statistics and sexual abuse policies.
Also: That the Senate has on April 10, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 469, a bill for an act requiring agricultural equipment suppliers to
repurchase certain items upon termination of an agricultural equipment dealership
agreement.
MICHAEL E. MARSHALL, Secretary
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
Rants of Woodbury.
HOUSE FILES REFERRED TO COMMITTEE
Rants of Woodbury asked and received unanimous consent that
the following bills be referred to the committees as listed:
House File 42 State Government
House File 81 State Government
House File 116 Human Resources
House File 141 State Government
House File 184 Natural Resources
House File 193 State Government
House File 239 Economic Development
House File 244 Judiciary
House File 268 Transportation
House File 350 Economic Development
House File 434 Transportation
House File 450 Human Resources
House File 452 Human Resources
House File 457 Local Government
House File 517 Human Resources
House File 525 Judiciary
House File 578 Education
House File 588 Judiciary
House File 589 Judiciary
House File 591 Human Resources
House File 613 Judiciary
House File 615 Judiciary
House File 617 Agriculture
House File 618 Natural Resources
House File 642 Natural Resources
House File 645 Judiciary
House File 646 Judiciary
House File 648 Human Resources
House File 661 Environmental Protection
House File 682 Human Resources
House File 689 Human Resources
House File 690 Human Resources
House File 691 Human Resources
The House stood at ease at 3:33 p.m., until the fall of the gavel.
The House resumed session at 4:21 p.m., Speaker Siegrist in the
chair.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 10, 2001, passed the following bill in which the concurrence of the Senate was
asked:
House File 294, a bill for an act relating to contracts and compensation that benefit
a member of the board of directors of a school district.
MICHAEL E. MARSHALL, Secretary
CONSIDERATION OF BILLS
Regular Calendar
Senate File 410, a bill for an act relating to the application of
certain air quality requirements to indoor emission units or air
contaminant sources, with report of committee recommending
amendment and passage, was taken up for consideration.
Bradley of Clinton offered amendment H-1436 filed by the
committee on environmental protection as follows:
H-1436
1 Amend Senate File 410, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 5 through 7, and
4 inserting the following: "directly exhausted to the
5 outside atmosphere. "Indoor source" includes,".
6 2. Page 3, line 14, by striking the word
7 "Division" and inserting the following: "Except as
8 provided in section 455B.133, subsection 6, paragraph
9 "e", division".
Schrader of Marion offered the following amendment H-1458, to
the committee amendment H-1436, filed by him and moved its
adoption:
H-1458
1 Amend the amendment, H-1436, to Senate File 410, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 3 through 5.
Roll call was requested by Schrader of Marion and Myers of
Johnson.
On the question "Shall amendment H-1458, to the committee
amendment H-1436 be adopted?" (S.F. 410)
The ayes were, 36:
|
Arnold | Bukta | Cohoon | Connors |
|
Dotzler | Fallon | Foege | Ford |
|
Frevert | Garman | Greimann | Hatch |
|
Jochum | Kreiman | Kuhn | Larkin |
|
Lensing | Mascher | Murphy | Myers |
|
Osterhaus | Petersen | Reynolds | Richardson |
|
Scherrman | Schrader | Seng | Shoultz |
|
Smith | Stevens | Taylor, D. | Taylor, T. |
|
Tremmel | Warnstadt | Winckler | Witt |
|
|
The nays were, 62:
|
Alons | Atteberry | Barry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Carroll | Chiodo | Cormack | De Boef |
|
Dix | Dolecheck | Drake | Eddie |
|
Eichhorn | Elgin | Falck | Finch |
|
Gipp | Hahn | Heaton | Hoffman |
|
Horbach | Houser | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Johnson |
|
Kettering | Klemme | Larson | Manternach |
|
May | Mertz | Metcalf | Millage |
|
O'Brien | Quirk | Raecker | Rants |
|
Rayhons | Rekow | Roberts | Shey |
|
Sievers | Sukup | Teig | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Weidman |
|
Wise | Mr. Speaker |
|
| Siegrist |
|
|
Absent or not voting, 2:
Amendment H-1458 lost.
Jochum of Dubuque offered the following amendment H-1472, to
the committee amendment H-1436, filed by her from the floor and
moved its adoption:
H-1472
1 Amend the amendment, H-1436, to Senate File 410, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 5 the
5 following:
6 " . Page 2, by inserting after line 18 the
7 following:
8 "Sec. . Section 455B.133, Code 2001, is amended
9 by adding the following new subsection:
10 NEW SUBSECTION. 10. Develop comprehensive plans
11 and programs for the abatement, control, and
12 prevention of airborne pollutants originating from
13 confinement feeding operations. The plans may include
14 schedules for compliance. The standards may vary
15 based on the animal weight capacity of the confinement
16 feeding operation and the distance from an object or
17 location for which a separation distance is required
18 pursuant to section 455B.162. The standards, to every
19 extent practicable, shall apply to gases that may have
20 a deleterious effect upon human health, including but
21 not limited to hydrogen sulfide, ammonia, methane, and
22 any class of mercaptan. The standards shall not apply
23 to small animal feeding operations.""
24 2. By renumbering as necessary.
Amendment H-1472 lost.
On motion by Bradley of Clinton the committee amendment H-
1436 was adopted placing out of order amendment H-1463 filed by
Jochum of Dubuque from the floor.
Bradley of Clinton 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. 410)
The ayes were, 78:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Carroll | Chiodo |
|
Cohoon | Cormack | De Boef | Dix |
|
Dolecheck | Drake | Eddie | Eichhorn |
|
Elgin | Falck | Finch | Foege |
|
Ford | Garman | Gipp | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Houser | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Johnson |
|
Kettering | Klemme | Larkin | Larson |
|
Manternach | May | Mertz | Metcalf |
|
Millage | Myers | O'Brien | Quirk |
|
Raecker | Rants | Rayhons | Rekow |
|
Richardson | Roberts | Seng | Shey |
|
Sievers | Smith | Stevens | Sukup |
|
Teig | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wise |
|
Witt | Mr. Speaker |
|
| Siegrist |
|
|
The nays were, 21:
|
Connors | Dotzler | Fallon | Frevert |
|
Greimann | Jochum | Kreiman | Kuhn |
|
Lensing | Mascher | Murphy | Osterhaus |
|
Petersen | Reynolds | Scherrman | Schrader |
|
Shoultz | Taylor, D. | Taylor, T. | Tremmel |
|
Winckler |
|
|
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.
SENATE AMENDMENT CONSIDERED
Huser of Polk called up for consideration House File 324, a bill for
an act relating to transportation, including provisions on road
projects, vehicle sales, movement, and reports, and mailing of notices,
and providing a penalty and an effective date, amended by the Senate
amendment H-1380 as follows:
H-1380
1 Amend House File 324, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 19, by striking the words
4 "improvement, or repair or maintenance" and inserting
5 the following: "or improvement".
6 2. Page 3, line 3, by striking the words
7 "improvement, or repair or maintenance" and inserting
8 the following: "or improvement".
9 3. Page 4, line 19, by inserting after the figure
10 "384.96" the following: ", as modified by the bid
11 threshold subcommittee pursuant to section 314.1B,".
12 4. Page 4, line 23, by inserting after the words
13 "excess of" the following: "a threshold of".
14 5. Page 4, line 23, by inserting after the word
15 "dollars," the following: "as modified by the bid
16 threshold subcommittee pursuant to section 314.1B,".
17 6. By striking page 4, line 35, through page 5,
18 line 15, and inserting the following: "reject any or
19 all bids, or. The agency may readvertise and relet
20 the project without conducting an additional public
21 hearing if no substantial changes are made to the
22 project's plans or specifications. The agency may let
23 by private contract or build by day labor, at a cost
24 not in excess of the lowest bid received."
25 7. Page 6, by inserting after line 9 the
26 following:
27 "Sec. ___. NEW SECTION. 314.1B BID THRESHOLD
28 SUBCOMMITTEE - ADJUSTMENTS - NOTICE.
29 1. The director of the department shall appoint,
30 from the members of the advisory committee established
31 under section 314.1A, a bid threshold subcommittee.
32 The subcommittee shall consist of seven members, three
33 of whom shall be representatives of local public
34 sector agencies, three of whom shall be
35 representatives of private sector contractor
36 organizations, and with the remaining member being the
37 director or the director's designee, who shall serve
38 as chairperson of the subcommittee. a vacancy in the
39 membership of the subcommittee shall be filled by the
40 director.
41 2. a. The subcommittee shall review the
42 competitive bid thresholds applicable to city and
43 county highway, bridge, and culvert projects. The
44 subcommittee shall review price adjustments for all
45 types of city and county highway, bridge, and culvert
46 construction, reconstruction, and improvement
47 projects, based on changes in the construction price
48 index from the preceding year. Upon completion of the
49 review the subcommittee may make adjustments in the
50 applicable bid thresholds for types of work based on
Page 2
1 the price adjustments.
2 b. A bid threshold shall not be adjusted to an
3 amount that is less than the bid threshold applicable
4 to a city or county on the effective date of this
5 section of this Act, as provided in section 73A.18,
6 309.40, 310.14, 314.1, or 384.96. An adjusted bid
7 threshold shall take effect as provided in subsection
8 3, and shall remain in effect until a new adjusted bid
9 threshold is established and becomes effective as
10 provided in this section.
11 3. The subcommittee shall meet to conduct the
12 review and make the adjustments described in this
13 section on or before August 1 of every other year, or
14 of every year if determined necessary by the
15 subcommittee, with the first meeting occurring on or
16 before August 1, 2002. By September 1 of each year in
17 which the subcommittee makes adjustments in the bid
18 thresholds, the director shall cause an advisory
19 notice to be published in the Iowa administrative
20 bulletin and in a newspaper of general circulation in
21 this state, stating the adjusted bid thresholds to be
22 in effect on January 1 of the following year, as
23 established by the subcommittee under this section."
24 8. Page 6, by striking lines 10 through 24.
25 9. Page 7, line 6, by inserting after the word
26 "USE" the following: " - RULES".
27 10. Page 7, by striking lines 7 through 12 and
28 inserting the following:
29 " . The rules adopted by the department pursuant
30 to section 314.1A, as enacted in this Act, shall be in
31 draft form prior to December 31, 2001, and shall
32 specifically define the terms "construction",
33 "reconstruction", "improvement", and "repair or
34 maintenance" as such terms relate to highway, bridge,
35 and culvert projects."
36 11. Page 7, line 14, by striking the word
37 "purchase" and inserting the following:
38 "procurement".
39 12. Page 7, line 18, by striking the word
40 "purchase" and inserting the following:
41 "procurement".
42 13. Page 7, line 21, by striking the word
43 "purchasing" and inserting the following:
44 "procurement".
45 14. Page 7, by inserting before line 23, the
46 following:
47 "Sec. 101. DISPLACEMENT OF EMPLOYEES - OTHER
48 EMPLOYMENT - RECALL. If a city or county employee is
49 displaced from employment as a result of a city's or
50 county's compliance with the provisions of this
Page 3
1 division of this Act, which enact section 314.1,
2 subsection 2, and amend section 314.1, unnumbered
3 paragraph 2, and redesignate that unnumbered paragraph
4 as section 314.1, subsection 3, the city or county
5 shall offer the displaced employee other available
6 employment with the city or county, as applicable. A
7 city or county employee who is placed in such other
8 employment or who elected to be laid off shall be
9 eligible for recall to the position held by the
10 employee at the time of displacement. This provision
11 shall not supersede the provisions of any applicable
12 collective bargaining agreement."
13 15. Page 7, by inserting after line 30, the
14 following:
15 " . The provision enacting section 314.1B.
16 . Section 101 of this Act relating to the
17 displacement of employees."
18 16. Page 18, by inserting after line 26 the
19 following:
20 "Sec. 101. RETROACTIVE APPLICABILITY. The
21 following provisions of this Act shall apply
22 retroactively to April 25, 1999:
23 1. Section 34 of this Act, adding section 322A.1,
24 subsection 9A.
25 2. Section 35 of this Act, amending section
26 322A.11, unnumbered paragraph 1.
27 3. The provision of section 36 of this Act,
28 amending section 322A.11, subsection 2.
29 Sec. 102. EFFECTIVE DATE. The following
30 provisions of this Act, being deemed of immediate
31 importance, take effect upon enactment:
32 1. Section 30 of this Act, amending section 322.3,
33 subsection 14.
34 2. Section 32 of this Act, amending section
35 322.28.
36 3. Section 34 of this Act, adding section 322A.1,
37 subsection 9A.
38 4. Section 35 of this Act, amending section
39 322A.11, unnumbered paragraph 1.
40 5. The provision of section 36 of this Act,
41 amending section 322A.11, subsection 2.
42 6. Section 101 of this Act, providing for
43 retroactive applicability for the provisions described
44 in subsections 3 through 5."
45 17. Page 24, by striking lines 1 through 4.
46 18. Title page, line 3, by inserting after the
47 word "penalty" the following: ", a retroactive
48 applicability date,".
49 19. By renumbering, relettering, or redesignating
50 and correcting internal references as necessary.
Huser of Polk offered the following amendment H-1457, to the
Senate amendment H-1380, filed by her and Brauns of Muscatine and
moved its adoption:
H-1457
1 Amend the Senate amendment H-1380, to House File
2 324, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 3, by striking lines 20 through 29 and
5 inserting the following:
6 ""Sec. 102. EFFECTIVE DATE. The following".
7 2. Page 3, by striking lines 41 through 44 and
8 inserting the following: "amending section 322A.11,
9 subsection 2.""
10 3. Page 3, by striking lines 46 through 48.
11 4. By renumbering, redesignating, and correcting
12 internal references as necessary.
Amendment H-1457 was adopted.
On motion by Huser of Polk the House concurred in the Senate
amendment H-1380, as amended.
Huser of Polk moved that the bill, as amended by the Senate,
further amended and concurred in by the House, 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. 324)
The ayes were, 95:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Carroll | Chiodo |
|
Cohoon | Connors | Cormack | De Boef |
|
Dix | Dolecheck | Dotzler | Drake |
|
Eddie | Eichhorn | Elgin | Falck |
|
Fallon | Finch | Foege | Ford |
|
Frevert | Garman | Gipp | Greimann |
|
Hahn | Hansen | Heaton | Hoffman |
|
Horbach | Houser | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Johnson | Kettering | Klemme | 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 |
|
Shey | Shoultz | Sievers | Smith |
|
Stevens | Sukup | Taylor, D. | Taylor, T. |
|
Teig | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Wise | Witt | Mr. Speaker |
|
| | Siegrist |
|
|
The nays were, 4:
|
Hatch | Kreiman | Seng | Winckler |
|
|
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Appropriations Calendar
Senate File 479, a bill for an act relating to wastewater systems,
establishing a fund, appropriating moneys from the fund, and
providing an effective date, with report of committee recommending
passage, was taken up for consideration.
Drake 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?" (S.F. 479)
The ayes were, 97:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Carroll | Chiodo |
|
Cohoon | Connors | Cormack | De Boef |
|
Dix | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Falck | Fallon |
|
Finch | Foege | Ford | Frevert |
|
Garman | Gipp | Greimann | 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 | 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:
|
Dolecheck | Grundberg | Millage |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Carroll of Poweshiek called up for consideration House File 567, a
bill for an act providing for a legal risk waiver in interstate adoptions,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-1453:
H-1453
1 Amend House File 567, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by inserting after line 16, the
4 following:
5 "Sec. . Section 600.3, subsection 2, Code 2001,
6 is amended by adding the following new paragraph:
7 NEW PARAGRAPH. c. A termination of parental
8 rights order is not required prior to the filing of an
9 adoption petition if the adoption is a standby
10 adoption as defined in section 600.14A.
11 Sec. 2. Section 600.6, Code 2001, is amended by
12 adding the following new subsection:
13 NEW SUBSECTION. 5. In the case of a standby
14 adoption as defined in section 600.14A, a form
15 completed by the terminally ill parent consenting to
16 termination of parental rights and adoption of the
17 child by a person or persons specified in the consent
18 form, effective at a future date when the terminally
19 ill parent of the child has died or requests that a
20 final adoption decree be issued.
21 Sec. 3. Section 600.13, subsection 1, Code 2001,
22 is amended by adding the following new paragraph after
23 paragraph "b" and relettering the subsequent
24 paragraph:
25 NEW PARAGRAPH. bb. Issue a standby adoption
26 decree pursuant to section 600.14A.
27 Sec. 4. NEW SECTION. 600.14A STANDBY ADOPTION.
28 1. As used in this section:
29 a. "Standby adoption" means an adoption in which a
30 terminally ill parent consents to termination of
31 parental rights and the issuance of a final adoption
32 decree effective upon the occurrence of a future
33 event, which is either the death of the terminally ill
34 parent or the request of the parent for the issuance
35 of a final adoption decree.
36 b. "Terminally ill parent" means an individual who
37 has a medical prognosis by a licensed physician that
38 the individual has an incurable and irreversible
39 condition which will lead to death.
40 2. A terminally ill parent may consent to
41 termination of parental rights and adoption of a child
42 under a standby adoption if the other parent of the
43 child is not living or the other parent has previously
44 had the parent's parental rights terminated.
45 3. A person who meets the qualifications to file
46 an adoption petition pursuant to section 600.4 may
47 file a petition for standby adoption. A standby
48 adoption shall comply with the requirements of
49 sections 600.7 through 600.12. However, the court may
50 order that the completion of placement investigations
Page 2
1 and reports be expedited based on the circumstances of
2 a particular case. The court may waive the minimum
3 residence period requirement pursuant to section
4 600.10 to expedite the standby adoption if necessary.
5 4. If a consent to a standby adoption is attached
6 to an adoption petition pursuant to section 600.6, the
7 court determines that the requirements of this chapter
8 relative to a standby adoption are met, and the court
9 determines that the standby adoption is in the best
10 interest of the child to be adopted, the court shall
11 issue a standby adoption decree or a final adoption
12 decree. However, the terminally ill parent's parental
13 rights shall not be terminated and the standby
14 adoption shall not be finalized until the death of the
15 terminally ill parent or the request of the terminally
16 ill parent for issuance of the final adoption decree.
17 5. A standby adoption decree shall become final
18 upon notice of the death of the terminally ill parent
19 or upon the terminally ill parent's request that a
20 final adoption decree be issued. If the court
21 determines at the time of the notice or request that
22 the standby adoption is still in the best interest of
23 the child, the court shall issue a final adoption
24 decree."
25 2. Title page, line 1, by inserting after the
26 word "Act" the following: "relating to adoption
27 including providing for standby adoptions and".
28 3. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1453.
Carroll of Poweshiek moved that the bill, as amended by the
Senate and concurred in by the House, 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. 567)
The ayes were, 92:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Carroll | Chiodo |
|
Cohoon | Connors | Cormack | De Boef |
|
Dix | Dolecheck | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Ford | Frevert | Garman | Gipp |
|
Hahn | Hansen | Hatch | Heaton |
|
Hoffman | Horbach | Houser | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Johnson | Kettering | Klemme | Kreiman |
|
Kuhn | Larkin | Larson | Lensing |
|
Manternach | May | Mertz | Metcalf |
|
Millage | Murphy | Myers | O'Brien |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | 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, 7:
|
Dotzler | Falck | Foege | Greimann |
|
Jochum | Mascher | Shoultz |
|
|
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Unfinished Business Calendar
House File 649, a bill for an act relating to certain programs and
public health issues under the purview of the Iowa department of
public health, and providing a penalty, was taken up for
consideration.
SENATE FILE 433 SUBSTITUTED FOR HOUSE FILE 649
Boddicker of Cedar asked and received unanimous consent to
substitute Senate File 433 for House File 649.
Senate File 433, a bill for an act relating to certain programs and
public health issues under the purview of the Iowa department of
public health, and providing a penalty, was taken up for
consideration.
Brunkhorst of Bremer offered the following amendment H-1364
filed by him and moved its adoption:
H-1364
1 Amend Senate File 433, as passed by the Senate, as
2 follows:
3 1. By striking page 2, line 27, through page 3,
4 line 3.
5 2. By renumbering as necessary.
Amendment H-1364 was adopted.
Boddicker of Cedar 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. 433)
The ayes were, 97:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Carroll | Chiodo |
|
Cohoon | Connors | Cormack | De Boef |
|
Dix | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Falck | Fallon |
|
Finch | Foege | Ford | Frevert |
|
Garman | Gipp | Greimann | 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 | 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:
|
Dolecheck | Grundberg | Millage |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 649 WITHDRAWN
Boddicker of Cedar asked and received unanimous consent to
withdraw House File 649 from further consideration by the House.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 324 and 567 and Senate Files 410 and 433.
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 10, 2001, passed the following bill in which the concurrence of the Senate was
asked:
House File 301, a bill for an act establishing a rural fire protection program and
limiting the liability of rural water districts and associations in connection with the
provision of water for fire protection.
Also: That the Senate has on April 10, 2001, amended and passed the following bill
in which the concurrence of the House is asked:
House File 356, a bill for an act relating to administrative and corrective changes to
the workers' compensation law.
Also: That the Senate has on April 10, 2001, passed the following bill in which the
concurrence of the Senate was asked:
House File 383, a bill for an act relating to the designation of model communities in
projects, pilot projects, or similar initiatives undertaken by the governor or the
executive branch.
MICHAEL E. MARSHALL, Secretary
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on April 10,
2001. Had I been present, I would have voted "aye" on Senate Files
433 and 479.
MILLAGE of Scott
BILL ENROLLED, SIGNED AND SENT
TO SECRETARY OF STATE
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill
has been examined and found correctly enrolled, signed by the Speaker of the House
and the President of the Senate, and presented to the Secretary of State for his
approval on this 10th day of April, 2001: House Joint Resolution 5.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
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\854 Richard Medd, Iowa City - For being the director of the First Place
winner at the State Jazz Competition, the West High School Jazz
Ensemble.
2001\855 Herbert Skoog, Gowrie - For celebrating his 80th birthday.
2001\856 Helen and Ward Roberts, Moorland - For celebrating their 60th
wedding anniversary.
2001\857 Bonnie Summy, Vinton - For celebrating her 94th birthday.
2001\858 Queen Songer, Winterset - For celebrating her 93rd birthday.
2001\859 Esther Pilmer, Avondale - For celebrating her 88th birthday.
2001\860 Esther and Bob Pilmer, Avondale - For celebrating their 62nd wedding
anniversary.
2001\861 Carolyn and Bill Steele, Atlantic - For celebrating their 50th wedding
anniversary.
2001\862 Shirley and Don Stowell, Winterset - For celebrating their 50th
wedding anniversary.
2001\863 Victoria Burger, La Porte City - For celebrating her 95th birthday.
2001\864 Lucas Lechtenberg, Denison - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2001\865 Mitch Carlyle, Denison - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2001\866 Anna Schultz, Charter Oak - For celebrating her 98th birthday.
2001\867 Erik Warnecke, Walcott - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2001\868 Ashley Gray, Spirit Lake - For being First Team Academic All-
American as a member of Iowa Lakes Community College Women's
Basketball Team.
2001\869 June and Donald Birdsell, Clear Lake - For celebrating their 60th
wedding anniversary.
2001\870 Kathleen and Leonard Shultz, Independence - For celebrating their
50th wedding anniversary.
2001\871 Virginia Finch, Oelwein - For celebrating her 80th birthday.
2001\872 Eleanor Gehrke, Sumner - For celebrating her 80th birthday.
2001\873 Edith Jackson, Villisca - For celebrating her 100th birthday.
2001\874 Julie Brown, Fairfield - For being on the Academic All-Star Team.
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 JUDICIARY
Senate File 415, a bill for an act relating to the jurisdiction of district associate
judges.
Fiscal Note is not required.
Recommended Do Pass April 4, 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 April 5, 2001.
Pursuant to Rule 31.7, Senate File 499 was referred to the committee on
ways and means.
RESOLUTION FILED
HR 36, by Richardson and Smith, a resolution honoring James
"Jimmy" Freeman.
Laid over under Rule 25.
AMENDMENTS FILED
H-1464 S.F. 342 T. Taylor of Linn
H-1465 S.F. 114 Foege of Linn
H-1466 H.F. 696 T. Taylor of Linn
H-1467 S.F. 342 T. Taylor of Linn
H-1468 S.F. 342 T. Taylor of Linn
H-1469 S.F. 342 T. Taylor of Linn
H-1470 S.F. 240 Hansen of Pottawattamie
Petersen of Polk
H-1471 S.F. 342 T. Taylor of Linn
H-1473 S.F. 412 Mascher of Johnson
H-1474 S.F. 458 Heaton of Henry
Foege of Linn Johnson of Osceola
Houser of Pottawattamie Brunkhorst of Bremer
Hoversten of Woodbury Arnold of Lucas
Broers of Cerro Gordo
H-1475 S.F. 209 Kreiman of Davis
H-1476 S.F. 342 Smith of Marshall
H-1477 S.F. 222 Kreiman of Davis
H-1478 H.F. 356 Senate Amendment
On motion by Rants of Woodbury the House adjourned at 5:35
p.m., until 8:45 a.m., Wednesday, April 11, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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