House Journal: Wednesday, April 11, 2001
JOURNAL OF THE HOUSE
Ninety-fourth Calendar Day - Sixty-fifth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 11, 2001
The House met pursuant to adjournment at 8:49 a.m., Speaker
Siegrist in the chair.
Prayer was offered by Reverend Judy Flanegin, pastor of Hancock
and Silver Creek United Methodist Churches, Hancock. She was the
guest of Representative Jack Drake from Pottawattamie County.
The Journal of Tuesday, April 10, 2001 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Grundberg of Polk on request of Rants of Woodbury.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 10, 2001, concurred in the House amendment to the Senate amendment, and
passed the following bill in which the concurrence of the Senate was asked:
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.
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 458, a bill for an act extending the statute of limitations period for filing
a criminal charge of incest.
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 561, a bill for an act repealing the requirement to fly a flag or pennant
on an all-terrain vehicle or snowmobile when operating on a public road or street.
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 581, a bill for an act relating to the size of drainage or levee districts
having election districts and requesting an interim study.
MICHEAL E. MARSHALL, Secretary
On motion by Rants of Woodbury, the House was recessed at 9:04
a.m., until 3:00 p.m.
AFTERNOON SESSION
The House reconvened at 3:11 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 11, 2001, adopted the following resolution in which the concurrence of the House
is asked:
Senate Concurrent Resolution 23, a concurrent resolution encouraging state and
local governments, business interests, health care professionals, and individuals with
an interest in good health to help educate the public regarding osteoporosis prevention,
detection, and treatment, and designating April 12, 2001, as Osteoporosis Awareness
Day.
MICHAEL E. MARSHALL, Secretary
The House stood at ease at 3:12 p.m., until the fall of the gavel.
The House resumed session at 4:23 p.m., Speaker Siegrist in the
chair.
INTRODUCTION OF BILL
House File 710, by committee on ways and means, a bill for an
act establishing a new economy employment initiative by providing
for a partial deduction under the individual income tax for the capital
gain from the sale or exchange of capital stock of a corporation which
was acquired by an individual on account of employment with the
corporation, limiting the fiscal impact of the partial deductions, and
including an effective and retroactive applicability date provision.
Read first time and placed on the ways and means calendar.
CONSIDERATION OF BILLS
Unfinished Business Calendar
House File 593, a bill for an act providing for the transfer of
custody and termination of parental rights for certain newborn
infants whose parent voluntarily surrenders physical custody at
certain health facilities and providing for immunity from prosecution
for child abandonment crimes for such parent, establishing
confidentiality protections and a penalty, and providing an effective
date, was taken up for consideration.
Barry of Harrison offered the following amendment H-1416 filed
by her and moved its adoption:
H-1416
1 Amend House File 593 as follows:
2 1. By striking everything after the enacting
3 clause, and inserting the following:
4 "Section 1. NEW SECTION. 232B.1 NEWBORN SAFE
5 HAVEN ACT - DEFINITIONS.
6 1. This chapter may be cited as the "Newborn Safe
7 Haven Act".
8 2. For the purposes of this chapter, unless the
9 context otherwise requires:
10 a. "Institutional health facility" means a
11 hospital as defined in section 135B.1, including a
12 facility providing medical or health services that is
13 open twenty-four hours per day, seven days per week
14 and is a hospital emergency room, or a health care
15 facility as defined in section 135C.1.
16 b. "Newborn infant" means a child who is, or who
17 appears to be, fourteen days of age or younger.
18 Sec. 2. NEW SECTION. 232B.2 NEWBORN INFANT
19 CUSTODY RELEASE PROCEDURES.
20 1. A parent of a newborn infant who has not
21 suffered bodily harm may voluntarily release custody
22 of the newborn infant by relinquishing physical
23 custody of the newborn infant, without expressing an
24 intent to again assume physical custody, at an
25 institutional health facility or by authorizing
26 another person to relinquish physical custody on the
27 parent's behalf. If physical custody of the newborn
28 infant is not relinquished directly to an individual
29 on duty at the institutional health facility, the
30 parent may take other actions to be reasonably sure
31 that an individual on duty is aware that the newborn
32 infant has been left at the institutional health
33 facility. The actions may include but are not limited
34 to making telephone contact with the institutional
35 health facility or a 911 service. For the purposes of
36 this chapter and for any judicial proceedings
37 associated with the newborn infant, a rebuttable
38 presumption arises that the person who relinquishes
39 physical custody at an institutional health facility
40 in accordance with this section is the newborn
41 infant's parent or has relinquished physical custody
42 with the parent's authorization.
43 2. a. Unless the parent or other person
44 relinquishing physical custody of a newborn infant
45 clearly expresses an intent to return to again assume
46 physical custody of the newborn infant, an individual
47 on duty at the facility at which physical custody of
48 the newborn infant was relinquished pursuant to
49 subsection 1 shall take physical custody of the
50 newborn infant. The individual on duty may request
Page 2
1 the parent or other person to provide the name of the
2 parent or parents and information on the medical
3 history of the newborn infant and the newborn infant's
4 parent or parents. However, the parent or other
5 person is not required to provide the names or medical
6 history information to comply with this section. The
7 individual on duty may perform reasonable acts
8 necessary to protect the physical health or safety of
9 the newborn infant. The individual on duty and the
10 institutional health facility in which the individual
11 was on duty are immune from criminal or civil
12 liability for any acts or omissions made in good faith
13 to comply with this section.
14 b. If the physical custody of the newborn infant
15 is relinquished at an institutional health facility,
16 the state shall reimburse the institutional health
17 facility for the institutional health facility's
18 actual expenses in providing care to the newborn
19 infant and in performing acts necessary to protect the
20 physical health or safety of the newborn infant. The
21 reimbursement shall be paid from moneys appropriated
22 for this purpose to the department of human services.
23 c. The individual on duty or other person
24 designated by the institutional health facility at
25 which physical custody of the newborn infant was
26 relinquished shall submit the certificate of birth
27 report as required pursuant to section 144.14.
28 3. As soon as possible after the individual on
29 duty assumes physical custody of a newborn infant
30 released under subsection 1, the individual shall
31 notify the department of human services and the
32 department shall take the actions necessary to assume
33 the care, control, and custody of the newborn infant.
34 The department shall immediately notify the juvenile
35 court and the county attorney of the department's
36 action and the circumstances surrounding the action
37 and request an ex parte order from the juvenile court
38 ordering, in accordance with the requirements of
39 section 232.78, the department to take custody of the
40 newborn infant. Upon receiving the order, the
41 department shall take custody of the newborn infant.
42 Within twenty-four hours of taking custody of the
43 newborn infant, the department shall notify the
44 juvenile court and the county attorney in writing of
45 the department's action and the circumstances
46 surrounding the action.
47 4. a. Upon being notified in writing by the
48 department under subsection 3, the county attorney
49 shall file a petition alleging the newborn infant to
50 be a child in need of assistance in accordance with
Page 3
1 section 232.87 and a petition for termination of
2 parental rights with respect to the newborn infant in
3 accordance with section 232.111, subsection 2,
4 paragraph "a". A hearing on a child in need of
5 assistance petition filed pursuant to this subsection
6 shall be held at the earliest practicable time. A
7 hearing on a termination of parental rights petition
8 filed pursuant to this subsection shall be held no
9 later than thirty days after the day the physical
10 custody of the newborn child was relinquished in
11 accordance with subsection 1 unless the juvenile court
12 continues the hearing beyond the thirty days for good
13 cause shown.
14 b. Notice of a petition filed pursuant to this
15 subsection shall be provided to any known parent and
16 others in accordance with the provisions of chapter
17 232 and shall be served upon any putative father
18 registered with the state registrar of vital
19 statistics pursuant to section 144.12A. In addition,
20 prior to holding a termination of parental rights
21 hearing with respect to the newborn infant, notice by
22 publication shall be provided as described in section
23 600A.6, subsection 5.
24 5. Reasonable efforts, as defined in section
25 232.102, that are made in regard to the newborn infant
26 shall be limited to the efforts made in a timely
27 manner to finalize a permanency plan for the newborn
28 infant.
29 6. An individual on duty at an institutional
30 health facility who assumes custody of a newborn
31 infant upon the release of the newborn infant under
32 subsection 1 shall be provided notice of any hearing
33 held concerning the newborn infant at the same time
34 notice is provided to other parties to the hearing and
35 the individual may provide testimony at the hearing.
36 Sec. 3. NEW SECTION. 232B.3 IMMUNITY.
37 Any person authorized by the parent to assist with
38 release of custody in accordance with section 232B.2
39 by relinquishing physical custody of the newborn
40 infant or to otherwise act on the parent's behalf is
41 immune from criminal prosecution for abandonment or
42 neglect of the newborn infant under section 726.3 or
43 726.6 and civil liability for any reasonable acts or
44 omissions made in good faith in assisting with the
45 release.
46 Sec. 4. NEW SECTION. 232B.4 RIGHTS OF PARENTS.
47 Either parent of a newborn infant whose custody was
48 released in accordance with section 232B.2, may
49 intervene in the child in need of assistance or
50 termination of parental rights proceedings held
Page 4
1 regarding the newborn infant and request that the
2 juvenile court grant custody of the newborn infant to
3 the parent. The requester must show by clear and
4 convincing evidence that the requester is the parent
5 of the newborn infant. If the court determines that
6 the requester is the parent of the newborn infant and
7 that granting custody of the newborn infant to the
8 parent is in the newborn infant's best interest, the
9 court shall issue an order granting custody of the
10 newborn infant to the parent. In addition to such
11 order, the court may order services for the newborn
12 infant and the parent as are in the best interest of
13 the newborn infant.
14 Sec. 5. NEW SECTION. 232B.5 CONFIDENTIALITY
15 PROTECTIONS.
16 1. In addition to any other privacy protection
17 established in law, a record that is developed,
18 acquired, or held in connection with an individual's
19 good faith effort to voluntarily release a newborn
20 infant in accordance with this chapter and any
21 identifying information concerning the individual
22 shall be kept confidential. Such record shall not be
23 inspected or the contents disclosed except as provided
24 in this section.
25 2. A record described in subsection 1 may be
26 inspected and the contents disclosed without court
27 order to the following:
28 a. The court and professional court staff,
29 including juvenile court officers.
30 b. The newborn infant and the newborn infant's
31 counsel.
32 c. The newborn infant's parent, guardian,
33 custodian, and those persons' counsel.
34 d. The newborn infant's court-appointed special
35 advocate and guardian ad litem.
36 e. The county attorney and the county attorney's
37 assistants.
38 f. An agency, association, facility, or
39 institution which has custody of the newborn infant,
40 or is legally responsible for the care, treatment, or
41 supervision of the newborn infant.
42 g. The newborn infant's foster parent or an
43 individual providing preadoptive care to the newborn
44 infant.
45 3. Pursuant to court order a record described in
46 subsection 1 may be inspected by and the contents may
47 be disclosed to any of the following:
48 a. A person conducting bona fide research for
49 research purposes under whatever conditions the court
50 may deem proper, provided that no personal identifying
Page 5
1 data shall be disclosed to such a person.
2 b. Persons who have a direct interest in a
3 proceeding or in the work of the court.
4 4. Any person who knowingly discloses, receives,
5 or makes use or permits the use of information derived
6 directly or indirectly from such a record or discloses
7 identifying information concerning such individual,
8 except as provided by this section, commits a serious
9 misdemeanor.
10 Sec. 6. NEW SECTION. 232B.6 EDUCATIONAL AND
11 PUBLIC INFORMATION.
12 The department of human services, in consultation
13 with the Iowa department of public health and the
14 department of justice, shall develop and distribute
15 the following:
16 1. An information card or other publication for
17 distribution by an institutional health facility to a
18 parent who releases custody of a newborn infant in
19 accordance with this chapter. The publication shall
20 inform the parent of a parent's rights under section
21 232B.4, explain the request for medical history
22 information under section 232B.2, subsection 2, and
23 provide other information deemed pertinent by the
24 departments.
25 2. Educational materials, public information
26 announcements, and other resources to develop
27 awareness of the availability of the newborn safe
28 haven Act, among adolescents, young parents, and
29 others who might avail themselves of the Act.
30 3. Signage that may be used to identify the
31 institutional health facilities at which physical
32 custody of a newborn infant may be relinquished in
33 accordance with this chapter.
34 Sec. 7. Section 232.2, subsection 6, Code 2001, is
35 amended by adding the following new paragraph:
36 NEW PARAGRAPH. p. Who is a newborn infant whose
37 parent has voluntarily released custody of the child
38 in accordance with chapter 232B.
39 Sec. 8. Section 232.111, subsection 2, paragraph
40 a, subparagraph (3), Code 2001, is amended to read as
41 follows:
42 (3) The child is less than twelve months of age
43 and has been judicially determined to meet the
44 definition of abandonment of a child or the child is a
45 newborn infant whose parent has voluntarily released
46 custody of the child in accordance with chapter 232B.
47 Sec. 9. Section 232.116, subsection 1, Code 2001,
48 is amended by adding the following new paragraph:
49 NEW PARAGRAPH. bb. The court finds that there is
50 clear and convincing evidence that the child is a
Page 6
1 newborn infant whose parent has voluntarily released
2 custody of the child in accordance with chapter 232B.
3 Sec. 10. Section 232.117, Code 2001, is amended by
4 adding the following new subsection:
5 NEW SUBSECTION. 9. If a termination of parental
6 rights order is issued on the grounds that the child
7 is a newborn infant whose parent has voluntarily
8 released custody of the child under section 232.116,
9 subsection 1, paragraph "bb", the court shall retain
10 jurisdiction to change a guardian or custodian and to
11 allow a parent whose rights have been terminated to
12 request vacation or appeal of the termination order
13 which request must be made within thirty days of
14 issuance of the granting of the termination order.
15 The period for request for vacation or appeal by a
16 parent whose rights have been terminated shall not be
17 waived or extended and a vacation or appeal shall not
18 be granted for a request made after the expiration of
19 this period. The court shall grant the vacation
20 request only if it is in the best interest of the
21 child. The supreme court shall prescribe rules to
22 establish the period of thirty days, which shall not
23 be waived or extended, in which a parent whose
24 parental rights have been terminated may request a
25 vacation or appeal of such a termination order.
26 Sec. 11. Section 726.3, Code 2001, is amended to
27 read as follows:
28 726.3 NEGLECT OR ABANDONMENT OF A DEPENDENT
29 PERSON.
30 A person who is the father, mother, or some other
31 person having custody of a child, or of any other
32 person who by reason of mental or physical disability
33 is not able to care for the person's self, who
34 knowingly or recklessly exposes such person to a
35 hazard or danger against which such person cannot
36 reasonably be expected to protect such person's self
37 or who deserts or abandons such person, knowing or
38 having reason to believe that the person will be
39 exposed to such hazard or danger, commits a class "C"
40 felony. However, a parent or person authorized by the
41 parent who has, in accordance with section 232B.2,
42 voluntarily released custody of a newborn infant who
43 has not suffered bodily harm shall not be prosecuted
44 for a violation of this section involving abandonment
45 of that newborn infant.
46 Sec. 12. Section 726.6, Code 2001, is amended by
47 adding the following new subsection:
48 NEW SUBSECTION. 1A. A parent or person authorized
49 by the parent who has, in accordance with section
50 232B.2, voluntarily released custody of a newborn
Page 7
1 infant who has not suffered bodily harm shall not be
2 prosecuted for a violation of this section involving
3 abandonment of that newborn infant.
4 Sec. 13. EFFECTIVE DATE. This Act, being deemed
5 of immediate importance, takes effect upon enactment."
6 2. Title page, by striking lines 1 through 7 and
7 inserting the following: "An Act providing for the
8 release of custody and termination of parental rights
9 for certain newborn infants whose parent or person
10 authorized to act on the parent's behalf relinquishes
11 physical custody at certain health facilities and
12 providing certain immunity from prosecution and civil
13 liability for such parent or person, establishing
14 confidentiality protections and a penalty, and
15 providing an effective date."
Amendment H-1416 was adopted, placing out of order
amendments H-1279 and H-1280 filed by Smith of Marshall.
SENATE FILE 355 SUBSTITUTED FOR HOUSE FILE 593
Barry of Harrison asked and received unanimous consent to
substitute Senate File 355 for House File 593.
Senate File 355, a bill for an act providing for the release of
custody and termination of parental rights for certain newborn
infants whose parent or person authorized to act on the parent's
behalf relinquishes physical custody at certain health facilities and
providing certain immunity from prosecution and civil liability for
such parent or person, establishing confidentiality protections and a
penalty, and providing an effective date, was taken up for
consideration.
Smith of Marshall offered the following amendment H-1370 filed
by him and moved its adoption:
H-1370
1 Amend Senate File 355, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 13, by striking the words
4 "fourteen days" and inserting the following: "one
5 year".
Amendment H-1370 lost.
Smith of Marshall asked and received unanimous consent that
amendment H-1369 be deferred.
Huser of Polk asked and received unanimous consent that
amendment H-1412 be deferred.
Eichhorn of Hamilton asked and received unanimous consent to
withdraw amendment H-1455 filed by him on April 9, 2001.
Smith of Marshall asked and received unanimous consent to
withdraw amendment H-1369 filed by him on March 28, 2001.
Tremmel of Wapello offered the following amendment H-1412 filed
by Tremmel, et al. and moved its adoption:
H-1412
1 Amend Senate File 355, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, lines 16 and 17, by striking the words
4 "who has not suffered bodily harm".
5 2. Page 8, line 8, by striking the words "who has
6 not suffered bodily harm".
7 3. Page 8, by striking lines 15 through 17, and
8 inserting the following: "released custody of a
9 newborn infant shall not be prosecuted for a violation
10 of subsection 1, paragraph "f", relating to
11 abandonment."
Amendment H-1412 was adopted.
Barry of Harrison 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. 355)
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 | Drake |
|
Eddie | Elgin | Falck | Fallon |
|
Finch | Foege | Ford | Frevert |
|
Garman | Gipp | Greimann | 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 | 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, 1:
Absent or not voting, 3:
|
Grundberg | Hoffman | Sievers |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
The House resumed consideration of Senate File 114, a bill for an
act relating to the composition of the medical assistance advisory
council, previously deferred and found on pages 1124 and 1125 of the
House Journal.
Foege of Linn offered the following amendment H-1465 filed by
him and moved its adoption:
H-1465
1 Amend Senate File 114, as passed by the Senate, as
2 follows:
3 1. Page 5, line 32, by inserting after the word
4 "association," the following: "the Iowa psychiatric
5 society, the Iowa chapter of the national association
6 of social workers,".
Amendment H-1465 was adopted.
Hoversten of Woodbury 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. 114)
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 | Dolecheck | Dotzler | Drake |
|
Eddie | Eichhorn | Elgin | Falck |
|
Fallon | Finch | Foege | Ford |
|
Frevert | Garman | Gipp | Greimann |
|
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 |
|
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:
|
Grundberg | Hoffman | Sievers |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Regular Calendar
Senate File 452, a bill for an act requiring the use of a uniform
prescription drug information card by providers of third-party
payment or prepayment of prescription drug expenses, with report of
committee recommending amendment and passage, was taken up for
consideration.
Metcalf of Polk offered the following amendment H-1431 filed by
the committee on commerce and regulation and moved its adoption:
H-1431
1 Amend Senate File 452, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 3 the
4 following:
5 "0A. "Guide" means the most recent national
6 council for prescription drug programs pharmacy
7 identification card implementation guide, or its
8 successor."
9 2. Page 1, line 11, by inserting after the word
10 and figure "or 514A," the following: "a provider of a
11 plan established pursuant to chapter 509A for public
12 employees,".
13 3. Page 1, line 17, by inserting after the word
14 and figure "chapter 514F," the following: "a provider
15 of a self-insured multiple employer welfare
16 arrangement,".
17 4. Page 1, lines 27 and 28, by striking the words
18 "including, but not limited to, third-party
19 administrators for self-insured plans, pharmacy
20 benefits managers, and state-administered plans" and
21 inserting the following: "excluding administrators of
22 self-funded employer sponsored health benefit plans
23 qualified under the federal Employee Retirement Income
24 Security Act of 1974".
25 5. By striking page 1, line 33, through page 2,
26 line 26, and inserting the following: "information
27 card or technology applicable to those entities
28 subject to regulation by the commissioner of
29 insurance. The director of public health shall adopt
30 rules for the uniform prescription drug information
31 card or technology applicable to organized delivery
32 systems. The rules shall require at least both of the
33 following regarding the card or technology:
34 (1) With respect to the information required, be
35 consistent with the guide, except that the address of
36 the pharmacy benefits manager shall not be required.
37 (2) With respect to the location of the
38 information required, be substantially consistent with
39 the guide."
40 6. By renumbering, relettering, redesignating,
41 and correcting internal references as necessary.
The committee amendment H-1431 was adopted.
Metcalf 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?" (S.F. 452)
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 | Dolecheck | Dotzler | Drake |
|
Eddie | Eichhorn | Elgin | Falck |
|
Fallon | Finch | Foege | Ford |
|
Frevert | Garman | Gipp | Greimann |
|
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 |
|
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:
|
Grundberg | Hoffman | Sievers |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 593 WITHDRAWN
Barry of Harrison asked and received unanimous consent to
withdraw House File 593 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: Senate
Files 114, 355 and 452.
COMMUNICATION FROM THE STATE APPEAL BOARD
The following communication was received from the State Appeal
Board on April 11, 2001, and is on file in the office of the Chief Clerk:
April 10, 2001
Chief Clerk
House of Representatives
Statehouse
L O C A L
Dear Chief Clerk:
There are transmitted herewith claims against the State of Iowa to be filed with the
Claims Committee of the House of Representatives.
These include 15 claims of general nature that were denied by the State Appeal
Board during February 2001 through April 2001. This supplements our filing of
January 11, 2001.
The attached index shows claim number, name and address of claimant and the
amount requested in the claim.
Sincerely,
Michael L. Fitzgerald
Chairperson
STATE APPEAL BOARD
Receipt of the above is hereby acknowledged.
MARGARET A. THOMSON
Chief Clerk of the House
DENIED GENERAL CLAIMS BY THE STATE APPEAL BOARD
SUBMITTED TO THE 79TH GENERAL ASSEMBLY
February 2001 Through April 2001
Claim Full Name City Type Amount
G000266 Paul Grothe d/b/a Muscatine, IA Self Issue Unspecified
B and K Trucking Fees
G000347 Judy Ann Rathjen Wilton, IA Phone Costs $150.00
G000416 TNT Trucking Eldon, IA Refund Unspecified
G000533 Brainard Pig Inc. Fremont, NE License Unspecified
Refund
G010042 T & S Ag Riceville, IA Refund $786.74
G010095 Jerry Nance, Dallas Center, IA IRP Refund Unspecified
Executor of the H.
LaVerne Nance
Estate
G010096 Barbara Coats Council Bluffs, IA Penalty $103.00
Refund
Claim Full Name City Type Amount
G010100 Marvin & Sheryl Mason City, IA Homestead $149.00
Borcherding Credit
G010440 UTHE Farms, Inc. Madrid, IA Permit $150.00
G010890 Anita M. Varme West Des Moines, IA Travel $29.00
Expenses
G011003 Innovative Industries Creston, IA Provider $333.92
Services
G011078 Irene V. & Ronald Ames, IA Penalty $758.00
Wesley Refund
G931087 Linn County Cedar Rapids, IA Outdated $810.00
Department of Human Invoice
Resources Management
G931301 Broadlawns Medical Des Moines, IA Medical $83.25
Center Services
G980284 Lauri Ellen Raab Clinton, IA License Plate $25.00
Refund
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 11th day of April, 2001: House Joint Resolution 11.
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\875 Dorothy Panther, Waterloo - For celebrating her 80th birthday.
2001\876 Doug Carpenter, Waterloo - For celebrating his 80th birthday.
2001\877 Ruth and Arnold Weltzin, Waterloo - For celebrating their 50th
wedding anniversary.
2001\878 Jenny and Wayne Gray, Evansdale - For celebrating their 55th wedding
anniversary.
2001\879 Ruth and Harold Zell, Waterloo - For celebrating their 60th wedding
anniversary.
2001\880 Berniece Seymour, Indianola - For celebrating her 100th birthday.
2001\881 Maxine and John Totten, Clinton - For celebrating their 60th wedding
anniversary.
2001\882 Virginia and Glenn Jackson, Clinton - For celebrating their 50th
wedding anniversary.
2001\883 Norma and Ray Holm, Clinton - For celebrating their 60th wedding
anniversary.
2001\884 Helen and Kenneth Smith, DeWitt - For celebrating their 50th wedding
anniversary.
2001\885 Karl Swanson, Iowa City - For being named to the 2001 Visual Arts
All-State Team.
2001\886 Hee Jin Lee, Iowa City - For being chosen as a member of the 2001
Iowa Academic All-State Team.
2001\887 Anita Kerr, Coralville - For fundraising efforts which resulted in her
students raising $540.00 toward the restoration of the Englert
Theater.
SUBCOMMITTEE ASSIGNMENTS
House File 660
Ways and Means: Van Fossen, Chair; Shey and Shoultz.
Senate File 184
Ways and Means: Shey, Chair; Houser and D. Taylor.
Senate File 428
Appropriations: Heaton, Chair; Alons and Smith.
Senate File 450
Ways and Means: Tymeson, Chair; Larson and Winckler.
Senate File 494
Judiciary: Eichhorn, Chair; Baudler and Kreiman.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 244), establishing a new economy
employment initiative by providing for a partial deduction under the individual income
tax for the capital gain from the sale or exchange of capital stock of a corporation which
was acquired by an individual on account of employment with the corporation, limiting
the fiscal impact of the partial deductions, and including an effective and retroactive
applicability date provision.
Fiscal Note is not required.
Recommended Do Pass April 10, 2001.
RESOLUTIONS FILED
HR 37, by Jenkins, Witt, Alons, Arnold, Atteberry, Barry, Baudler,
Bell, Boddicker, Boggess, Bradley, Brauns, Broers, Brunkhorst,
Carroll, Chiodo, Connors, De Boef, Dix, Dolecheck, Dotzler, Drake,
Eddie, Elgin, Falck, Fallon, Finch, Ford, Frevert, Garman, Gipp,
Greimann, Hahn, Hansen, Hatch, Horbach, Houser, Huseman,
Huser, Jacobs, Johnson, Kettering, Klemme, Kuhn, Larkin, Lensing,
Mascher, May, Mertz, Metcalf, Murphy, O'Brien, Osterhaus,
Petersen, Quirk, Raecker, Rants, Rayhons, Rekow, Richardson,
Roberts, Scherrman, Schrader, Seng, Shoultz, Siegrist, Sievers,
Smith, Stevens, D. Taylor, T. Taylor, Tremmel, Tymeson, Tyrrell,
Van Engelenhoven, Warnstadt, Weidman, Winckler, and Wise, a
resolution congratulating the University of Northern Iowa Panthers
Women's Basketball Team.
Laid over under Rule 25.
SCR 23, by Johnson, Lundby, Rehberg, Hammond, Freeman,
Soukup, Harper, Greiner, Boettger, Tinsman, and Kramer, a
concurrent resolution encouraging state and local governments,
business interests, health care professionals, and individuals with an
interest in good health to help educate the public regarding
osteoporosis prevention, detection, and treatment, and designating
April 12, 2001, as Osteoporosis Awareness Day.
Laid over under Rule 25.
AMENDMENTS FILED
H-1479 H.F. 705 Tymeson of Madison
H-1480 H.F. 561 Senate Amendment
H-1481 H.F. 458 Senate Amendment
H-1482 H.F. 581 Senate Amendment
H-1483 S.F. 342 Smith of Marshall
H-1484 S.F. 458 De Boef of Mahaska
Foege of Linn
Heaton of Henry
H-1485 S.F. 458 De Boef of Mahaska
Foege of Linn
Heaton of Henry
H-1486 S.F. 350 Cohoon of Des Moines
H-1487 S.F. 350 Cohoon of Des Moines
H-1488 S.F. 240 Stevens of Dickinson
H-1489 S.J.R. 3 Kettering of Sac
H-1490 S.F. 348 Stevens of Dickinson
H-1491 S.F. 348 Stevens of Dickinson
H-1492 S.F. 348 Stevens of Dickinson
H-1493 H.F. 696 Dotzler of Black Hawk
On motion by Rants of Woodbury the House adjourned at 6:00
p.m., until 8:45 a.m., Thursday, April 12, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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