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House Journal: Tuesday, April 17, 2001

JOURNAL OF THE HOUSE

One Hundredth Calendar Day - Sixty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 17, 2001

The House met pursuant to adjournment at 8:52 a.m., Speaker
Siegrist in the chair.

Prayer was offered by the Honorable Speaker of the House, Brent
Siegrist.

The Journal of Monday, April 16, 2001 was approved.

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 16, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 73, a bill for an act relating to the powers and duties of the executive
director of the commission of veterans affairs by providing for the recognition of honor
guard units of veterans organizations to perform honor guard services.

Also: That the Senate has on April 17, 2001, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

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.

Also: That the Senate has on April 17, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 520, a bill for an act relating to the property tax exemption for methane
gas and other gas conversion property and providing a retroactive applicability date
and an effective date.

MICHAEL E. MARSHALL, Secretary


LEAVE OF ABSENCE

Leave of absence was granted as follows:

Grundberg of Polk on request of Rants of Woodbury; Witt of Black Hawk, until his
arrival, on request of Myers of Johnson.

CONSIDERATION OF BILLS
Unfinished Business Calendar

Senate File 242, a bill for an act relating to the rules regarding
the authentication of practitioners' medication and standing orders in
hospitals, with report of committee recommending passage, was
taken up for consideration.

Dix of Butler in the chair at 9:41 a.m.

Rants of Woodbury asked and received unanimous consent that
Senate File 242 be deferred and that the bill retain its place on the
calendar.

Ways and Means Calendar

Senate File 141, a bill for an act relating to the allocation of
program job credits to program costs under the accelerated career
education program and providing effective and retroactive
applicability dates, with report of committee recommending passage,
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. 141)

The ayes were, 97:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dolecheck
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
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
Dix,
Presiding

 


The nays were, none.

Absent or not voting, 3:
Connors Grundberg Witt

 


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

SENATE AMENDMENT CONSIDERED

Bradley of Clinton called up for consideration House File 292, a
bill for an act relating to the financial operations and transactions of
the information technology department, amended by the Senate, and
moved that the House concur in the following Senate amendment H-
1362:

H-1362

1 Amend House File 292, as passed by the House, as
2 follows:
3 1. Page 1, line 2, by striking the word
4 "paragraph" and inserting the following:
5 "paragraphs".
6 2. Page 1, by inserting the following after line
7 9:
8 "NEW PARAGRAPH. l. Charging a negotiated fee to
9 recover a share of the costs related to the research
10 and development, initial production, and derivative

11 products of the department's proprietary software and
12 hardware, information technology architecture design,
13 and proprietary technology applications developed to
14 support authorized users, to private vendors and to
15 other political entities and subdivisions, including
16 but not limited to states, territories, protectorates,
17 and foreign countries. The department may enter into
18 nondisclosure agreements to protect the state of
19 Iowa's proprietary interests. The provisions of
20 chapter 23A relating to noncompetition by state
21 agencies and political subdivisions with private
22 enterprise shall not apply to department activities
23 authorized under this paragraph."
24 3. Page 1, by inserting after line 21 the
25 following:
26 "Sec. 4. Section 23A.2, subsection 10, Code 2001,
27 is amended by adding the following new paragraph:
28 NEW PARAGRAPH. n. The performance of an activity
29 authorized pursuant to section 14B.102, subsection 2,
30 paragraph "l"."

The motion prevailed and the House concurred in the Senate
amendment H-1362.

Bradley of Clinton 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. 292)

The ayes were, 95:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Falck Fallon 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 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 Warnstadt Weidman
Winckler Wise Dix,
Presiding

 


The nays were, none.

Absent or not voting, 5:
Connors Finch Grundberg Van Fossen
Witt

 


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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 17, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 694, a bill for an act relating to housing by creating a housing trust fund
and a housing trust commission.

Also: That the Senate has on April 17, 2001, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 3, a concurrent resolution urging the Governor to
appoint a commission to develop design proposals for Iowa's participation in the United
States Mint's 50 state quarters program and to direct the commission to develop
designs incorporating the Old Capitol as a symbol for the state.

Also: That the Senate has on April 17, 2001, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 19, a concurrent resolution urging the Congress of
the United States and the United States Department of Agriculture to provide
increased federal moneys for purposes of supporting enhanced surveillance expenses as
part of a pseudorabies eradication program.

MICHAEL E. MARSHALL, Secretary


Unfinished Business Calendar

House File 456, a bill for an act relating to children's program
and juvenile court provisions involving the department of human
services in regard to the foster home insurance fund, group child care
providers, juvenile delinquency and child in need of assistance
dispositions, and termination of parental rights, was taken up for
consideration.

SENATE FILE 458 SUBSTITUTED FOR HOUSE FILE 456

De Boef of Mahaska asked and received unanimous consent to
substitute Senate File 458 for House File 456 placing out of order
amendments H-1170 filed by Kreiman of Davis and H-1199 filed by
Heaton of Henry, et al.

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

Kreiman of Davis offered the following amendment H-1441 filed by
him and moved its adoption:

H-1441

1 Amend Senate File 458, passed by the Senate, as
2 follows:
3 1. Page 5, line 17, by inserting after the word
4 "determines" the following: "by clear and convincing
5 evidence that".
6 2. Page 12, by inserting after line 15 the
7 following:
8 "Sec. . Section 232.102, subsection 12,
9 unnumbered paragraph 1, Code 2001, is amended to read
10 as follows:
11 If the court determines by clear and convincing
12 evidence that aggravated circumstances exist, with
13 written findings of fact based upon evidence in the
14 record, the court may waive the requirement for making
15 reasonable efforts. The existence of aggravated
16 circumstances is indicated by any of the following:"
17 3. By renumbering as necessary.

Amendment H-1441 was adopted.

Shoultz of Black Hawk offered the following amendment H-1559
filed by him and Boddicker of Cedar from the floor and moved its
adoption:

H-1559

1 Amend Senate File 458, as passed by the Senate, as
2 follows:
3 1. Page 8, by inserting after line 35, the
4 following:
5 "Sec. . Section 232.73, unnumbered paragraph 2,
6 Code 2001, is amended to read as follows:
7 As used in this section and section in sections
8 232.77 and 232.78, "medically relevant test" means a
9 test that produces reliable results of exposure to
10 cocaine, heroin, amphetamine, methamphetamine, or
11 other illegal drugs, or combinations or derivatives
12 thereof of the illegal drugs, including a drug urine
13 screen test.
14 Sec. . Section 232.78, subsection 1, paragraph
15 b, Code 2001, is amended to read as follows:
16 b. It appears that the child's immediate removal
17 is necessary to avoid imminent danger to the child's
18 life or health. The circumstances or conditions
19 indicating the presence of such imminent danger shall
20 include but are not limited to any of the following:
21 (1) The refusal or failure of the person
22 responsible for the care of the child to comply with
23 the request of a peace officer, juvenile court
24 officer, or child protection worker for such person to
25 obtain and provide to the requester the results of a
26 physical or mental examination of the child. The
27 request for a physical examination of the child may
28 specify the performance of a medically relevant test.
29 (2) The refusal or failure of the person
30 responsible for the care of the child or a person
31 present in the person's home to comply with a request
32 of a peace officer, juvenile court officer, or child
33 protection worker for such a person to submit to and
34 provide to the requester the results of a medically
35 relevant test of the person."
36 2. By renumbering as necessary.

Amendment H-1559 was adopted.

Heaton of Henry offered the following amendment H-1474 filed by
Heaton, et al., and moved its adoption:

H-1474

1 Amend Senate File 458, as passed by the Senate, as
2 follows:
3 1. Page 13, by inserting after line 15 the
4 following:
5 "Sec. 100. REHABILITATIVE TREATMENT SERVICES STAFF
6 REQUIREMENTS.
7 1. Subject to federal requirements, the department
8 of human services shall act to change the staff
9 qualification requirements for rehabilitative
10 treatment services provided under the medical
11 assistance program that are applicable to those staff
12 providing therapy and counseling services, and
13 psychosocial evaluation and behavioral management
14 services for children in therapeutic foster care.
15 Under the change, such staff who have graduated from
16 an accredited four-year college, institute, or
17 university with a bachelor's degree in social work in
18 a program that is accredited by the council on social
19 work education shall not be required to have full-time
20 experience in social work or experience in the
21 delivery of human services in a public or private
22 area.
23 2. If necessary to implement the change required
24 by this section, the department shall submit a plan
25 amendment or otherwise request authorization from the
26 United States health care financing administration.
27 In addition, as necessary to quickly implement the
28 change, the department may adopt emergency rules under
29 section 17A.4, subsection 2, and section 17A.5,
30 subsection 2, paragraph "b", to implement the
31 provisions of this section and the rules shall be
32 effective immediately upon filing unless a later date
33 is specified in the rules. Any rules adopted in
34 accordance with this section shall also be published
35 as a notice of intended action as provided in section
36 17A.4.
37 Sec. . EFFECTIVE DATE. Section 100, of this
38 division of this Act, relating to rehabilitative
39 treatment services staff requirements, being deemed of
40 immediate importance, takes effect upon enactment."
41 2. Title page, line 5, by inserting after the
42 word "rights" the following: ", and providing an
43 effective date".
44 3. By renumbering as necessary.

Amendment H-1474 was adopted.

De Boef of Mahaska offered the following amendment H-1484 filed
by De Boef, et al., and moved its adoption:

H-1484

1 Amend Senate File 458, as passed by the Senate, as
2 follows:
3 1. Page 14, by inserting after line 24 the
4 following:
5 "DIVISION ____
6 PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN
7 Sec. . Section 135H.10, Code 2001, is amended
8 by adding the following new subsection:
9 NEW SUBSECTION. 4. Unless expressly authorized in
10 statute, the department of human services shall not
11 include services provided by psychiatric medical
12 institutions for children in any managed care
13 contract."
14 2. Title page, line 5, by inserting after the
15 word "dispositions," the following: "psychiatric
16 medical institutions for children,".
17 3. By renumbering as necessary.

Amendment H-1484 was adopted.

De Boef of Mahaska asked and received unanimous consent to
withdraw amendment H-1485 filed by De Boef of Mahaska et al., on
April 11, 2001.

De Boef of Mahaska offered the following amendment H-1557 filed
by De Boef, et al., and moved its adoption:

H-1557

1 Amend Senate File 458, as passed by the Senate, as
2 follows:
3 1. Page 14, by inserting after line 24 the
4 following:
5 "DIVISION ____
6 PSYCHIATRIC MEDICAL INSTITUTIONS FOR CHILDREN
7 Sec. . Section 135H.10, Code 2001, is amended
8 by adding the following new subsection:
9 NEW SUBSECTION. 3. The department of human
10 services and any other state agency shall not require
11 a psychiatric medical institution for children to
12 collect client payments or otherwise enforce client
13 financial participation for the services provided by
14 the psychiatric institution."
15 2. Title page, line 5, by inserting after the
16 word "dispositions," the following: "psychiatric
17 medical institutions for children,".
18 3. By renumbering as necessary.

Amendment H-1557 was adopted.

De Boef of Mahaska 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. 458)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dolecheck
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
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 Dix,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Connors Grundberg

 


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


HOUSE FILE 456 WITHDRAWN

De Boef of Mahaska asked and received unanimous consent to
withdraw House File 456 from further consideration by the House.

SENATE AMENDMENT CONSIDERED

Raecker of Polk called up for consideration House File 458, a bill
for an act extending the statute of limitations period for filing a
criminal charge of incest, amended by the Senate, and moved that the
House concur in the following Senate amendment H-1481:

H-1481

1 Amend House File 458, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Title page, line 2, by inserting after the
4 word "incest" the following: "or sexual exploitation
5 by a counselor or therapist".

The motion prevailed and the House concurred in the Senate
amendment H-1481.

Raecker of Polk 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. 458)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dolecheck
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
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 Dix,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Connors Grundberg

 


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 693, 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, was taken up for
consideration.

SENATE FILE 511 SUBSTITUTED FOR HOUSE FILE 693

Broers of Cerro Gordo asked and received unanimous consent to
substitute Senate File 511 for House File 693.

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, was taken up for
consideration.

Speaker Siegrist in the chair at 11:05 a.m.

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. 511)

The ayes were, 55:
Atteberry Bell Boggess Bradley
Broers Bukta Carroll Cohoon
Connors Cormack Dotzler Falck
Foege Frevert Gipp Greimann
Hatch Hoffman Houser Huser
Jacobs Jochum Johnson Kreiman
Kuhn Larkin Larson Lensing
Mascher May Mertz Murphy
Myers O'Brien Osterhaus Petersen
Quirk Rants Rekow Reynolds
Richardson Scherrman Schrader Seng
Shoultz Sievers Smith Stevens
Taylor, D. Tremmel Tyrrell Warnstadt
Winckler Wise Mr. Speaker
Siegrist

 


The nays were, 44:
Alons Arnold Barry Baudler
Boal Boddicker Brauns Brunkhorst
Chiodo De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Fallon Finch Ford Garman
Hahn Hansen Heaton Horbach
Hoversten Huseman Jenkins Kettering
Klemme Manternach Metcalf Millage
Raecker Rayhons Roberts Shey
Sukup Taylor, T. Teig Tymeson
Van Engelenhoven Van Fossen Weidman Witt

 


Absent or not voting, 1:
Grundberg

 


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

House File 696, a bill for an act relating to the employment
security administrative contribution surcharge, and providing an
effective date, was taken up for consideration.

T. Taylor of Linn offered the following amendment H-1466 filed by
him and moved its adoption:


H-1466

1 Amend House File 696 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 96.7, subsection 12,
5 paragraph d, Code 2001, is amended to read as follows:
6 d. This subsection is repealed July 1, 2001 2004,
7 and the repeal is applicable to contribution rates for
8 calendar year 2002 2005 and subsequent calendar years.
9 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
10 immediate importance, takes effect upon enactment."

Roll call was requested by Myers of Johnson and T. Taylor of Linn.

Rule 75 was invoked.

On the question "Shall amendment H-1466 be adopted?"
(H.F. 696)

The ayes were, 45:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Huser Jenkins
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reynolds Richardson
Scherrman Schrader Seng Shoultz
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


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

 



Weidman Mr. Speaker
Siegrist

Absent or not voting, 1:
Grundberg

 


Amendment H-1466 lost.

Dotzler of Black Hawk offered amendment H-1493 filed by him as
follows:

H-1493

1 Amend House File 696 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 96.7, subsection 12,
5 paragraphs a, c, and d, Code 2001, are amended to read
6 as follows:
7 a. An employer other than a governmental entity or
8 a nonprofit organization, subject to this chapter,
9 shall pay an administrative contribution surcharge
10 equal in amount to one-tenth of one percent of federal
11 taxable wages, as defined in section 96.19, subsection
12 37, paragraph "b". The department shall reduce the
13 administrative contribution surcharge established for
14 any calendar year proportionate to any federal
15 government funding that provides an increased
16 allocation of moneys for workforce development
17 offices, under the federal employment services
18 financing reform legislation. The department shall
19 recompute the amount as a percentage of taxable wages,
20 as defined in section 96.19, subsection 37, and shall
21 add the percentage surcharge to the employer's
22 contribution rate determined under this section. The
23 percentage surcharge shall be capped at a maximum of
24 seven dollars per employee. The department shall
25 adopt rules prescribing the manner in which the
26 surcharge will be collected. Interest shall accrue on
27 all unpaid surcharges under this subsection at the
28 same rate as on regular contributions and shall be
29 collectible in the same manner. Interest accrued and
30 collected under this paragraph and interest earned and
31 credited to the fund under paragraph "b" shall be used
32 by the department only for the purposes set forth in
33 paragraph "c".
34 c. Moneys in the fund shall be used by the
35 department only upon appropriation by the general
36 assembly and only for personnel and nonpersonnel costs

37 of rural and satellite departmental offices in
38 population centers of less than twenty thousand or for
39 the department-approved training fund funded in
40 section 8, subsection 2, of 1988 Iowa Acts, chapter
41 1274. To the extent possible, the department shall
42 colocate the rural and satellite departmental offices
43 funded by the surcharge provided for in this
44 subsection at available community college facilities
45 throughout the state. Moneys in the fund shall not be
46 used for purposes other than those identified in this
47 paragraph or identified in the appropriation of the
48 moneys in the fund by the general assembly.
49 d. This subsection is repealed July 1, 2001 2004,
50 and the repeal is applicable to contribution rates for

Page 2

1 calendar year 2002 2005 and subsequent calendar years.
2 Sec. 2. RURAL AND SATELLITE DEPARTMENTAL OFFICES
3 REVIEW. The department of workforce development shall
4 establish performance measures for each workforce
5 development office site based on the job seeker
6 entered employment rate, the job seeker employment
7 retention rate, the job seeker average wage at
8 placement, the job seeker customer satisfaction
9 rating, the number of employers served, and the
10 employer customer satisfaction rating, and shall
11 conduct an annual review of the performance measures.
12 The department, in the annual departmental offices
13 review, shall consider the feasibility of
14 consolidating some of the rural and satellite
15 departmental offices to better serve the public.
16 The department shall prepare a report of its annual
17 departmental offices review findings. The report
18 shall contain information gathered in the review as
19 well as information concerning the success of
20 colocation efforts at community colleges throughout
21 the state, the services provided to employers with
22 fifty or fewer employees, the rent or lease costs
23 associated with each office site and the building
24 square footage at each office site, and efforts to
25 pursue other funding sources.
26 The department shall submit a report of its annual
27 departmental offices review to the governor and
28 general assembly by December 21, 2001, by December 21,
29 2002, and by December 21, 2003.
30 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
31 immediate importance, takes effect upon enactment."

Dotzler of Black Hawk offered the following amendment H-1519, to
amendment H-1493, filed by him and moved its adoption:

H-1519

1 Amend the amendment, H-1493, to House File 696 as
2 follows:
3 1. Page 1, line 49, by striking the figure "2004"
4 and inserting the following: "2003".
5 2. Page 2, line 1, by striking the figure "2005"
6 and inserting the following: "2004".

Amendment H-1519 was adopted.

Dotzler of Black Hawk moved the adoption of amendment H-1493,
as amended.

Roll call was requested by Myers of Johnson and Dotzler of Black
Hawk.

Rule 75 was invoked.

On the question "Shall amendment H-1493, as amended, be
adopted?" (H.F. 696)

The ayes were, 47:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Hoffman Huser
Jenkins Jochum Kreiman Kuhn
Larkin Lensing Manternach Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reynolds Richardson Scherrman Schrader
Seng Shoultz Smith Stevens
Taylor, D. Taylor, T. Tremmel Warnstadt
Winckler Wise Witt

 


The nays were, 52:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Finch Garman Gipp Hahn
Hansen Heaton Horbach Houser
Hoversten Huseman Jacobs Johnson
Kettering Klemme Larson Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Sievers
Sukup Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Mr. Speaker
Siegrist

 


Absent or not voting, 1:
Grundberg

 


Amendment H-1493 lost.

Rants of Woodbury asked and received unanimous consent that
House File 696 be deferred and that the bill retain its place on the
calendar.

HOUSE FILE 693 WITHDRAWN

Broers of Cerro Gordo asked and received unanimous consent to
withdraw House File 693 from further consideration by the House.

On motion by Rants of Woodbury, the House was recessed at 12:46
p.m., until 3:00 p.m.

AFTERNOON SESSION

The House reconvened at 3:16 p.m., Speaker Siegrist in the chair.

SENATE MESSAGE CONSIDERED

Senate File 520, by committee on ways and means, a bill for an
act relating to the property tax exemption for methane gas and other
gas conversion property and providing a retroactive applicability date
and an effective date.

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

The House stood at ease at 3:17 p.m., until the fall of the gavel.

The House resumed session at 4:30 p.m., Speaker Siegrist in the
chair.


SPECIAL PRESENTATION

Ford of Polk introduced to the House the Drake Women’s
Basketball Team and coach Lisa Stone who introduced her staff and
the team.

The House rose and expressed its welcome.

ADOPTION OF HOUSE RESOLUTION 30

Raecker of Polk called up for consideration House Resolution 30, a
resolution honoring the Drake Women's Basketball Team, and moved
its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Unfinished Business Calendar

The House resumed consideration of House File 696, a bill for an
act relating to the employment security administrative contribution
surcharge, and providing an effective date, previously deferred.

Boggess of Page offered amendment H-1494 filed by her as follows:

H-1494

1 Amend House File 696 as follows:
2 1. Page 1, line 13, by inserting after the word
3 "million" the following: ", two hundred fifty
4 thousand".
5 2. Page 1, line 15, by striking the words "five
6 million" and inserting the following: "six million,
7 two hundred fifty thousand".
8 3. Page 1, by striking lines 21 through 26, and
9 inserting the following: "surcharge."
10 4. Page 1, line 27, by striking the words "the
11 state."

Boggess of Page offered the following amendment H-1515, to
amendment H-1494, filed by her and moved its adoption:

H-1515

1 Amend the amendment H-1494, to House File 696, as

2 follows:
3 1. Page 1, by inserting after line 11 the
4 following:
5 " . Page 2, line 14, by inserting after the
6 word "state." the following: "If colocation at
7 community colleges if not feasible, the department
8 shall attempt, to the extent possible, to colocate
9 offices in the facilities of other government
10 entities.""
11 2. By renumbering as necessary.

Amendment H-1515 was adopted.

On motion by Boggess of Page, amendment H-1494, as amended,
was adopted.

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

On the question "Shall the bill pass?" (H.F. 696)

The ayes were, 62:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Carroll Cormack De Boef
Dolecheck Drake Eddie Eichhorn
Elgin Fallon Finch Frevert
Garman Gipp Hahn Hansen
Heaton Hoffman Horbach Houser
Hoversten Huseman Jacobs Jenkins
Johnson Kettering Klemme Kreiman
Kuhn Larkin Manternach Metcalf
Myers Quirk Raecker Rants
Rayhons Rekow Reynolds Roberts
Shey Shoultz Sievers Stevens
Sukup Teig Tymeson Van Engelenhoven
Weidman Mr. Speaker
Siegrist

 


The nays were, 37:
Bukta Chiodo Cohoon Connors
Dix Dotzler Falck Foege
Ford Greimann Hatch Huser
Jochum Larson Lensing Mascher
May Mertz Millage Murphy
O'Brien Osterhaus Petersen Richardson
Scherrman Schrader Seng Smith
Taylor, D. Taylor, T. Tremmel Tyrrell
Van Fossen Warnstadt Winckler Wise
Witt

 


Absent or not voting, 1:
Grundberg

 


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

Ways and Means Calendar

House File 703, a bill for an act exempting property owned and
operated by an Indian housing authority from property tax and
including an effective date, was taken up for consideration.

SENATE FILE 449 SUBSTITUTED FOR HOUSE FILE 703

Hoversten of Woodbury asked and received unanimous consent to
substitute Senate File 449 for House File 703.

Senate File 449, a bill for an act exempting property owned and
operated by an Indian housing authority from property tax and
including an effective date, was taken up for consideration.

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. 449)

The ayes were, 99:
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
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz 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, 1:
Grundberg

 


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

Unfinished Business Calendar

Senate File 62, a bill for an act relating to the processing and
distribution of honey in residences, with report of committee
recommending passage, was taken up for consideration.

Alons of Sioux offered the following amendment H-1309 filed by
him and moved its adoption:

H-1309

1 Amend Senate File 62, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 24, by striking the word
4 "prepared," and inserting the following: "prepared;
5 packaged,".

Amendment H-1309 was adopted.

Alons of Sioux 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. 62)

The ayes were, 99:
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
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz 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, 1:
Grundberg

 


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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 17, 2001, amended and passed the following bill in which the concurrence of the
House is asked:


House File 229, a bill for an act relating to judicial district departments of
correctional services by providing for a restitution lien for supervision fees and for the
establishment of a reserve peace officer force.

Also: That the Senate has on April 17, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 310, a bill for an act relating to child support enforcement, including
disclosure of certain juvenile court records to the child support recovery unit, and
federal tax and nontax setoff payments for accrued support, and providing effective
dates.

Also: That the Senate has on April 17, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 526, a bill for an act providing for a study of state law requirements in
this state and other states regarding barber reciprocity practices.

Also: That the Senate has on April 17, 2001, amended and passed the following bill
in which the concurrence of the House is asked:

House File 590, a bill for an act relating to the testing of individuals and the release
of the results of tests for communicable and infectious diseases and for the human
immunodeficiency virus and making penalties applicable.

Also: That the Senate has on April 17, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 519, a bill for an act relating to the assessment for property tax
purposes of certain affordable housing for low-income individuals and families.

MICHAEL E. MARSHALL, Secretary

HOUSE FILE 703 WITHDRAWN

Hoversten of Woodbury asked and received unanimous consent to
withdraw House File 703 from further consideration by the House.

SENATE AMENDMENT CONSIDERED

Hoffman of Crawford called up for consideration House File 356,
a bill for an act relating to administrative and corrective changes to
the workers' compensation law, amended by the Senate amendment
H-1478 as follows:

H-1478

1 Amend House File 356, as passed by the House, as
2 follows:

3 1. Page 4, by inserting after line 31, the
4 following:
5 "Sec. . Section 668.13, subsection 3, Code 2001,
6 is amended to read as follows:
7 3. Interest shall be calculated as of the date of
8 judgment at a rate equal to the coupon issue yield
9 equivalent, as determined by the United States
10 secretary of the treasury, of the average accepted
11 auction price for the last auction of fifty-two week
12 United States treasury bills treasury constant
13 maturity index published by the federal reserve in the
14 H15 Report settled immediately prior to the date of
15 the judgment plus two percent. The state court
16 administrator shall distribute notice monthly of that
17 rate and any changes to that rate to all district
18 courts."

Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-1552, to the Senate amendment H-1478,
filed by him and Hoffman of Crawford on April 16, 2001.

T. Taylor of Linn offered the following amendment H-1558, to the
Senate amendment H-1478, filed by him and Hoffman of Crawford
from the floor and moved its adoption:

H-1558

1 Amend the Senate amendment, H-1478, to House File
2 356, as passed by the House, as follows:
3 1. Page 1, line 5, by striking the word "Sec.
4 ___." and inserting the following: "Sec. 9."
5 2. Page 1, by striking line 18 and inserting the
6 following: ""courts.
7 Sec. 10. Section 9 of this Act, being deemed of
8 immediate importance, takes effect upon enactment and
9 applies retroactively to February 28, 2001."
10 . Title page, line 2, by inserting after the
11 word "law" the following: "and providing an effective
12 date and retroactive applicability"."

Amendment H-1558 was adopted.

On motion by Hoffman of Crawford the House concurred in the
Senate amendment H-1478, as amended.

Hoffman of Crawford 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. 356)

The ayes were, 99:
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
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz 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, 1:
Grundberg

 


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

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, with report of
committee recommending amendment and passage, was taken up for
consideration.

Baudler of Adair offered the following amendment H-1461 filed by
the committee on judiciary and moved its adoption:

H-1461

1 Amend Senate File 346, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 232.68, subsection 2, Code
6 2001, is amended by adding the following new
7 paragraph:
8 NEW PARAGRAPH. g. The commission of bestiality in
9 the presence of a minor under section 717C.1 by a
10 person who resides in a home with a child, as a result
11 of the acts or omissions of a person responsible for
12 the care of the child."
13 2. Page 1, line 12, by striking the words "may
14 shall" and inserting the following: "may".
15 3. Page 1, by inserting after line 15, the
16 following:
17 "Sec. . NEW SECTION. 717C.1 BESTIALITY.
18 1. For purposes of this section:
19 a. "Animal" means any nonhuman vertebrate, either
20 dead or alive.
21 b. "Sex act" means any sexual contact between a
22 person and an animal by penetration of the penis into
23 the vagina or anus, contact between the mouth and
24 genitalia, or by contact between the genitalia of one
25 and the genitalia or anus of the other.
26 2. A person who performs a sex act with an animal,
27 is guilty of an aggravated misdemeanor.
28 3. Upon a conviction for a violation of this
29 section, and in addition to any sentence authorized by
30 law, the court shall require the person to submit to a
31 psychological evaluation and treatment at the person's
32 expense."
33 4. Page 2, by inserting after line 27 the
34 following:
35 "Sec. . Section 904.310, Code 2001, is amended
36 to read as follows:
37 904.310 CANTEENS.

38 The director may maintain a canteen at an
39 institution under the director's jurisdiction for the
40 sale to persons confined in the institution of items
41 such as toilet articles, candy, tobacco products,
42 notions, and other sundries, and may provide the
43 necessary facilities, equipment, personnel, and
44 merchandise for the canteen. The director shall
45 specify the items to be sold in the canteen. The
46 department may establish and maintain a permanent
47 operating fund for each canteen. The fund shall
48 consist of the receipts from the sale of commodities
49 at the canteen and donations designated by inmates for
50 reimbursement of victims' travel expenses. Any money

Page 2

1 in the fund over the amount needed to do normal
2 business transactions, and to reimburse any accounts
3 which have subsidized the canteen fund, and to
4 reimburse victims' travel expenses, shall be
5 considered profit. This money may remain in the
6 canteen fund and be used for any purchase which the
7 superintendent approves that will directly and
8 collectively benefit the inmates of the institution or
9 to reimburse victims' travel expenses."
10 5. Page 3, line 8, by inserting after the word
11 "later." the following: "However, a recording of
12 testimony involving any employee of the department
13 shall continue to be filed and maintained until the
14 employee no longer is employed by the department."
15 6. By striking page 3, line 9, through page 4,
16 line 4.
17 7. Title page, line 2, by inserting after the
18 word "officers," the following: "for the creation of
19 a new criminal offense with a correctional impact,".
20 8. By renumbering as necessary.

The committee amendment H-1461 was adopted, placing out of
order amendment H-1365 filed by Baudler of Adair.

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

On the question "Shall the bill pass?" (S.F. 346)




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 Eichhorn Elgin Falck
Finch Foege Ford Frevert
Garman Gipp Hahn Hansen
Hatch Heaton Hoffman Horbach
Houser Hoversten Huseman Huser
Jacobs Jenkins Jochum Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, 2:
Fallon Greimann

 


Absent or not voting, 2:
Grundberg Johnson

 


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

Senate File 349, a bill for an act relating to certain filings
relating to executive and legislative ethics, with report of committee
recommending amendment and passage, was taken up for
consideration.

Gipp of Winneshiek asked and received unanimous consent to
withdraw amendment H-1440 filed by the committee on state
government on April 5, 2001.


Jochum of Dubuque offered amendment H-1549 filed by the
committee on state government as follows:

H-1549

1 Amend Senate File 349, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking line 26, and inserting the
4 following: "a".
5 2. Page 1, by striking lines 31 through 35 and
6 inserting the following:
7 "A person may initiate a complaint or investigation
8 under this section by providing anonymous information
9 to the board. The board may also regard any
10 information submitted to it as confidential, pursuant
11 to section 22.7, subsection 18, until the board
12 determines that there is no probable cause to believe
13 a violation has occurred, until the board directs
14 administrative resolution or informal settlement of
15 the matter, or until a notice of a contested case
16 proceeding is issued under subsection 9."

Jochum of Dubuque offered the following amendment H-1550, to
the committee amendment H-1549, filed by her and moved its
adoption:

H-1550

1 Amend the amendment, H-1549, to Senate File 349, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 7, by inserting before the word
5 "A" the following: "c."

Amendment H-1550 was adopted.

Tremmel of Wapello offered the following amendment H-1556, to
the committee amendment H-1549, filed by him from the floor and
moved its adoption:

H-1556

1 Amend the amendment, H-1549, to Senate File 349, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 9, by striking the words "may
5 also" and inserting the following: "shall".
6 2. Page 1, line 9 by inserting after the word

7 "any" the following: "anonymous".

Amendment H-1556 was adopted.

On motion by Gipp of Winneshiek the committee amendment
H-1549, as amended, was adopted.

Gipp of Winneshiek 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. 349)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess 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 Hoffman
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 2:
Bradley Grundberg

 



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

Senate File 462, a bill for an act relating to the energy loan fund
administered by the department of natural resources, with report of
committee recommending passage, was taken up for consideration.

Sievers of Scott 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. 462)

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 Falck Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Hahn
Hansen Hatch Hoffman Horbach
Houser Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Rekow Reynolds
Richardson Roberts Scherrman Schrader
Seng Shey Shoultz 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:
Carroll Grundberg Heaton

 



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

Senate File 342, a bill for an act requiring voters to present
identification containing a photograph to poll workers prior to voting,
with report of committee recommending amendment and passage,
was taken up for consideration.

Jacobs of Polk offered amendment H-1444 filed by the committee
on state government as follows:

H-1444

1 Amend Senate File 342, as passed by the Senate, as
2 follows:
3 1. Page 1, lines 1 and 2, by striking the words
4 and figure "unnumbered paragraph 2,".
5 2. Page 1, by striking lines 3 through 7, and
6 inserting the following:
7 "3. A precinct election official shall require any
8 person whose name does not appear on the election
9 register as an active voter to show identification.
10 Specific documents which are acceptable forms of
11 identification shall be prescribed by the state
12 commissioner.
13 A precinct election official may shall require of
14 the voter unknown to the official, identification upon
15 which the voter's signature or mark appears. in the
16 form of one of the following:
17 a. A valid voter registration card.
18 b. A valid Iowa driver's license.
19 c. A valid nonoperator's identification card.
20 d. A valid identification card issued by a branch,
21 department, agency, or entity of the state of Iowa or
22 any other state or the United States authorized to
23 issue personal identification cards.
24 e. A valid United States passport.
25 f. A valid employee identification card.
26 g. A health insurance membership card.
27 h. A valid student identification card from a
28 public or private school.
29 i. A valid Iowa hunting or fishing license.
30 j. A valid United States military identification
31 card.
32 k. United States military discharge or separation
33 papers.
34 l. A United States military dependent
35 identification card.
36 m. A certified copy of the voter's birth

37 certificate.
38 n. A valid pilot's license.
39 o. A valid Iowa gun permit.
40 p. A valid social security card.
41 q. A certified copy of a naturalization document.
42 r. A marriage license or certificate.
43 s. A bureau of Indian affairs or Indian treaty
44 card.
45 t. A certified copy of a decree of change of name
46 of the voter.
47 PARAGRAPH DIVIDED. If identification is
48 established to the satisfaction of the precinct
49 election officials, the person may shall then be
50 allowed to vote."

T. Taylor of Linn offered the following amendment H-1467, to the
committee amendment H-1444, filed by him and moved its adoption:

H-1467

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting after line 2, the
4 following:
5 " . Page 1, by inserting before line 1 the
6 following:
7 "Section 1. Section 49.53, unnumbered paragraph 1,
8 Code 2001, is amended to read as follows:
9 The commissioner shall not less than four nor more
10 than twenty days before the day of each election,
11 except those for which different publication
12 requirements are prescribed by law, publish notice of
13 the election. The notice shall contain a facsimile of
14 the portion of the ballot containing the first
15 rotation as prescribed by section 49.31, subsection 2,
16 and shall show the names of all candidates or nominees
17 and the office each seeks, and all public questions,
18 to be voted upon at the election. The sample ballot
19 published as a part of the notice may at the
20 discretion of the commissioner be reduced in size
21 relative to the actual ballot but such reduction shall
22 not cause upper case letters appearing on the
23 published sample ballot to be less than five thirty-
24 sixths of an inch high in candidates' names or in
25 summaries of public measures. The notice shall also
26 state the date of the election, the hours the polls
27 will be open, the location of each polling place at
28 which voting is to occur in the election, the location
29 of the polling places designated as early ballot pick-
30 up sites, and the names of the precincts voting at
31 each polling place, but the statement need not set

32 forth any fact which is apparent from the portion of
33 the ballot appearing as a part of the same notice.
34 The notice shall also state that the voter must show
35 identification to be allowed to vote and shall list
36 the acceptable forms of identification as those forms
37 are specified in section 49.77. The notice shall
38 include the full text of all public measures to be
39 voted upon at the election. The notice shall also
40 include notice of testing required pursuant to
41 sections 52.9, 52.35, and 52.38.""
42 2. By renumbering as necessary.

Amendment H-1467 was adopted.

T. Taylor of Linn offered the following amendment H-1471, to the
committee amendment H-1444, filed by him and moved its adoption:

H-1471

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting after line 2, the
4 following:
5 " . Page 1, by inserting before line 1, the
6 following:
7 "Section 1. Section 49.21, Code 2001, is amended
8 by adding the following new unnumbered paragraph:
9 The commissioner shall post a sign at the entrance
10 to the polling place informing the voters that
11 identification will be required before being allowed
12 to vote. The sign shall contain a list of the
13 acceptable forms of identification as those forms are
14 specified in section 49.77.""
15 2. By renumbering as necessary.

Amendment H-1471 was adopted.

Smith of Marshall offered the following amendment H-1483, to the
committee amendment H-1444, filed by him and moved its adoption:

H-1483

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting before line 3, the
4 following:
5 " . Page 1, by inserting before line 1 the
6 following:
7 "Sec. 100. Section 48A.5, Code 2001, is amended by

8 adding the following new subsection:
9 NEW SUBSECTION. 3A. If a person is registering
10 under the provisions of section 48A.9A, the person
11 shall be a resident of the county in which the
12 election is held for ten days immediately preceding
13 the election, subject to the provisions of subsection
14 3 and section 48A.27, subsection 2, paragraph "a",
15 subparagraph (3).
16 Sec. . Section 48A.9, subsection 1, Code 2001,
17 is amended to read as follows:
18 1. Registration closes at five p.m. eleven days
19 before each election except primary and general
20 elections. For primary and general elections,
21 registration closes at five p.m. ten days before the
22 election. An eligible elector may register during the
23 time registration is closed in the elector's precinct
24 but the registration shall not become effective until
25 registration opens again in the elector's precinct
26 unless the elector obtains an affidavit of special
27 late registration as provided in section 48A.9A.
28 Sec. . NEW SECTION. 48A.9A SPECIAL LATE
29 REGISTRATION.
30 1. Notwithstanding the voter registration
31 deadlines in section 48A.9, an eligible elector may
32 register to vote on election day if the elector
33 presents to the precinct election official
34 identification in the form described in section 49.77,
35 subsection 3.
36 2. The commissioner shall record the information
37 required of an eligible elector on the election
38 register for the county precinct of the eligible
39 elector or shall provide a separate listing of the
40 information required of an eligible elector to the
41 county precinct of the eligible elector who registers
42 in person at the commissioner's office or at the
43 elector's precinct polling place on election day.
44 3. If the commissioner is unable to make available
45 to a county precinct the information required of an
46 eligible elector who registers through special late
47 registration procedures, on the election register of a
48 county precinct or through the provision of a separate
49 listing of the eligible electors who register through
50 special late registration procedures, an eligible

Page 2

1 elector may obtain from the commissioner of
2 registration a form of affidavit prescribed by the
3 state commissioner of elections to serve as evidence
4 of special late registration. If the affidavit is
5 completed by the elector and notarized by the
6 commissioner of registration or an employee of the

7 commissioner, the elector is deemed registered under
8 special late registration procedures and may present
9 the affidavit at the elector's polling place as proof
10 that the elector is registered to vote. The election
11 officials of the elector's precinct shall accept the
12 elector's affidavit of special late registration and
13 shall proceed as if the elector's name were listed in
14 the election register.
15 The election officials shall preserve all
16 affidavits submitted pursuant to this section and
17 forward them to the commissioner of registration at
18 the time the election register is returned. A
19 registration under this section is subject to
20 verification as provided in section 48A.26.
21 4. The commissioner may designate the precinct
22 polling places, in addition to the commissioner's
23 office, to provide access to special late registration
24 procedures. If the precinct polling place is
25 designated as a place to register to vote on election
26 day, the commissioner or an employee of the
27 commissioner shall process special late registrations
28 at a table separate from the precinct election
29 officials in order to reduce congestion at the polling
30 place and to avoid discouraging voters from casting a
31 ballot.
32 Sec. . Section 48A.11, subsection 1, paragraph
33 c, Code 2001, is amended to read as follows:
34 c. The address at which the registrant resides and
35 claims as the registrant's residence for voting
36 purposes. The commissioner may require proof of
37 residency if the registrant is registering pursuant to
38 section 48A.9A. The state commissioner of elections
39 shall designate which documents are acceptable to show
40 proof of residency.
41 Sec. . Section 48A.26, subsections 1 and 4,
42 Code 2001, are amended to read as follows:
43 1. Within seven working days of receipt of a voter
44 registration form or change of information in a voter
45 registration record the commissioner shall send an
46 acknowledgment to the registrant at the mailing
47 address shown on the registration form. However, in
48 the case of special late registrations, the
49 commissioner shall send the acknowledgment within ten
50 days of receipt of the special late registration. The

Page 3

1 acknowledgment shall be sent by nonforwardable mail.
2 4. If the acknowledgment is returned as
3 undeliverable by the United States postal service, the
4 commissioner shall follow the procedure described in
5 section 48A.29, subsection 1. However, if the

6 acknowledgment mailed for a special late registration
7 is returned as undeliverable by the postal service,
8 the commissioner shall cancel the registration and
9 shall immediately notify the state commissioner of
10 registration and the county attorney.
11 Sec. . Section 48A.26, Code 2001, is amended by
12 adding the following new subsection:
13 NEW SUBSECTION. 1A. Within ten working days after
14 receiving a special late registration pursuant to
15 section 48A.9A, the commissioner shall send an
16 acknowledgment to the registrant at the mailing
17 address shown on the registration form. The
18 acknowledgment shall be sent by nonforwardable mail.
19 Sec. . Section 48A.30, subsection 1, Code 2001,
20 is amended by adding the following new paragraph:
21 NEW PARAGRAPH. g. The acknowledgment of a voter
22 who registered to vote under the special late
23 registration provisions is returned pursuant to
24 section 48A.29, subsection 1 or 2.""
25 2. Page 1, line 16, by inserting after the word
26 "following" the following: "if the voter is
27 requesting to register on election day".
28 3. Page 1, line 50, by inserting after the words
29 "allowed to" the following: "register to vote and
30 to".
31 4. Page 1, by inserting after line 50, the
32 following:
33 " . Page 1, by inserting before line 8, the
34 following:
35 "Sec. . Section 49.77, Code 2001, is amended by
36 adding the following new subsection:
37 NEW SUBSECTION. 6. A person whose name does not
38 appear on the election register of the precinct who
39 registers under section 48A.9A shall be allowed to
40 cast a ballot and the precinct election official is
41 not under a duty to require that the ballot be cast
42 under section 49.81.
43 Sec. . IMPLEMENTATION OF ACT. Section 25B.2,
44 subsection 3, shall not apply to this Act.
45 . Title page, line 1, by inserting after the
46 word "Act" the following: "relating to the conduct of
47 elections by providing for special late voter
48 registration on election day, by providing a
49 durational residency requirement for voting, and by"."
50 5. By renumbering as necessary.

Amendment H-1483 lost.

T. Taylor of Linn offered the following amendment H-1469, to the
committee amendment H-1444, filed by him and moved its adoption:


H-1469

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by striking lines 3 through 50, and
4 inserting the following:
5 " . Page 1, by striking lines 3 through 7, and
6 inserting the following:
7 "A precinct election official may require of the
8 voter unknown to the official, identification upon
9 which the voter's signature or mark appears. If
10 identification is established to the satisfaction of
11 the precinct election officials, the person may shall
12 then be allowed to vote.""

Amendment H-1469 lost.

Jochum of Dubuque offered the following amendment H-1513, to
the committee amendment H-1444, filed by her and moved its
adoption:

H-1513

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, line 13, by striking the words "may
4 shall" and inserting the following: "may".
5 2. Page 1, line 14, by striking the words
6 "unknown to the official," and inserting the
7 following: "unknown to the official,".

Amendment H-1513 lost.

Rants of Woodbury asked and received unanimous consent that
Senate File 342 be deferred and that the bill retain its place on the
calendar.

INTRODUCTION OF BILLS

House File 718, by committee on appropriations, a bill for an act
appropriating funds to the department of economic development,
certain board of regents institutions, the department of workforce
development, and the public employment relations board, making
related statutory changes, and providing effective dates.

Read first time and placed on the appropriations calendar.

House File 719, by committee on appropriations, a bill for an act
relating to state government technology and operations, by making
and relating to appropriations to the Iowa communications network
for the support of certain Part III users, making appropriations to
various entities for other technology-related purposes, providing for
the procurement of information technology, and providing an effective
date.

Read first time and placed on the appropriations calendar.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 17, 2001, passed the following bill in which the concurrence of the Senate was
asked:

House File 384, a bill for an act relating to the elimination of programs and duties
of the department of economic development.

Also: That the Senate has on April 17, 2001, amended and passed the following bill
in which the concurrence of the House is asked:

House File 598, a bill for an act establishing a child protection center grant
program.

Also: That the Senate has on April 17, 2001, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 114, a bill for an act relating to the composition of the medical
assistance advisory council.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 292, 356, 458, 696 and Senate Files 62, 346, 349, 458, 449
and 462.

The House resumed consideration of Senate File 342.


Carroll of Poweshiek in the chair at 6:36 p.m.

Jacobs of Polk offered the following amendment H-1454, to the
committee amendment H-1444, filed by her and moved its adoption:

H-1454

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by striking line 45 and inserting the
4 following:
5 "t. A file-stamped decree of dissolution of
6 marriage or change of name".

Amendment H-1454 was adopted.

Mascher of Johnson offered the following amendment H-1570, to
the committee amendment H-1444, filed by her from the floor and
moved its adoption:

H-1570

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting after line 46, the
4 following:
5 " . A valid Iowa teaching license."
6 2. By relettering and correcting internal
7 references as necessary.

Amendment H-1570 lost.

Mascher of Johnson offered the following amendment H-1571, to
the committee amendment H-1444, filed by her from the floor and
moved its adoption:

H-1571

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting after line 46, the
4 following:
5 "___. Any valid license issued by the state of
6 Iowa."
7 2. By renumbering, redesignating, and correcting
8 internal references as necessary.


Amendment H-1571 lost.

Mascher of Johnson offered the following amendment H-1572, to
the committee amendment H-1444, filed by her from the floor and
moved its adoption:

H-1572

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting after line 46, the
4 following:
5 " . A valid credit card issued in the name of
6 the voter."
7 2. By relettering and correcting internal
8 references as necessary.

Amendment H-1572 lost.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Raecker of Polk, until his return, on request of Rants of Woodbury.

Mascher of Johnson offered the following amendment H-1573, to
the committee amendment H-1444, filed by her from the floor and
moved its adoption:

H-1573

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting after line 46, the
4 following:
5 " . A valid bank card or automatic teller
6 machine card issued in the name of the voter."
7 2. By relettering and correcting internal
8 references as necessary.

Amendment H-1573 lost.

Bukta of Clinton offered the following amendment H-1576, to the
committee amendment H-1444, filed by her from the floor and moved
its adoption:


H-1576

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting after line 46, the
4 following:
5 " . A valid Iowa library card issued to the
6 voter."
7 2. By relettering, redesignating, and correcting
8 internal references as necessary.

Amendment H-1576 lost.

T. Taylor of Linn asked and received unanimous consent to
withdraw amendments H-1464 and H-1468, to the committee
amendment H-1444, filed by him on April 10, 2001.

Smith of Marshall asked and received unanimous consent to
withdraw amendment H-1476, to the committee amendment H-
1444, filed by him on April 10, 2001.

Metcalf of Polk offered the following amendment H-1522, to the
committee amendment H-1444, filed by her and moved its adoption:

H-1522

1 Amend the amendment, H-1444, to Senate File 342, as
2 passed by the Senate, as follows:
3 1. Page 1, by inserting after line 50, the
4 following:
5 " . Title page, lines 1 and 2, by striking the
6 words "containing a photograph"."

Amendment H-1522 was adopted.

On motion by Jacobs of Polk the committee amendment H-1444, as
amended, was adopted.

Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-1514 filed by her on April 13, 2001.

Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-1579 filed by her from the floor.

Jacobs 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. 342)

The ayes were, 52:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst De Boef
Dix Dolecheck Drake Eddie
Elgin Finch Garman Gipp
Hahn Hansen Heaton Hoffman
Horbach Houser Hoversten Huseman
Jacobs Jenkins Johnson Kettering
Klemme Larson Manternach Metcalf
Millage Rants Rayhons Rekow
Roberts Shey Siegrist, Spkr. Sievers
Sukup Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Carroll,
Presiding

 


The nays were, 45:
Atteberry Bell Bukta Chiodo
Cohoon Cormack Dotzler Eichhorn
Falck Fallon Foege Ford
Frevert Greimann Hatch Huser
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reynolds Richardson
Scherrman Schrader Seng Shoultz
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


Absent or not voting, 3:
Connors Grundberg Raecker

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 342 be immediately messaged to the Senate.

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 17, 2001, passed the following bill in which the concurrence of the House is asked:

Senate File 525, a bill for an act appropriating federal funds made available from
federal block grants and other federal grants, allocating portions of federal block
grants, and providing procedures if federal funds are more or less than anticipated or if
federal block grants are more or less than anticipated.

Senate File 222, a bill for an act relating to the statute of
limitations in civil actions arising out of the unsafe or defective
condition of an improvement to real property, with report of
committee recommending passage, was taken up for consideration.

Speaker Siegrist in the chair at 8:04 p.m.

Tremmel of Wapello offered amendment H-1563 filed by him from
the floor as follows:

Division was requested as follows:

H-1563

1 Amend Senate File 222, as amended, passed, and
2 reprinted by the Senate, as follows:

H-1563B

3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 614.1, subsection 2A,
6 paragraph b, subparagraph (2), Code 2001, is amended
7 to read as follows:
8 (2) As used in this paragraph, "harmful material"
9 means silicon gel breast implants, which were
10 implanted prior to July 12, 1992; and chemical
11 substances commonly known as asbestos, dioxins,
12 tobacco, or polychlorinated biphenyls, or any other
13 latent disease-causing or injury-causing substances,
14 whether alone or as part of any product; or any
15 substance which is determined to present an
16 unreasonable risk of injury to health or the
17 environment by the United States environmental
18 protection agency pursuant to the federal Toxic
19 Substance Control Act, 15 U.S.C. § 2601 et seq., or by
20 this state, if that risk is regulated by the United

H-1563B

21 States environmental protection agency or this state.
22 Sec. . Section 614.1, subsection 9, paragraph
23 a, Code 2001, is amended to read as follows:
24 a. Except as provided in paragraph "b", those
25 founded on injuries to the person or wrongful death
26 against any physician and surgeon, osteopath,
27 osteopathic physician and surgeon, dentist, podiatric
28 physician, optometrist, pharmacist, chiropractor,
29 physician assistant, or nurse, licensed under chapter
30 147, or a hospital licensed under chapter 135B,
31 arising out of patient care, within two years after
32 the date on which the claimant knew, or through the
33 use of reasonable diligence should have known, or
34 received notice in writing of the existence of, the
35 injury or death for which damages are sought in the
36 action, whichever of the dates occurs first, but in no
37 event shall any action be brought more than six years
38 after the date on which occurred the act or omission
39 or occurrence alleged in the action to have been the
40 cause of the injury or death unless a foreign object
41 unintentionally left in the body, or other latent
42 disease-causing or injury-causing act, omission, or
43 occurrence caused the injury or death."

H-1563A

44 2. Page 1, line 15, by inserting after the word
45 "property." the following: "This subsection does not
46 apply to an action brought by a municipality, as
47 defined in section 670.1, or to a subrogation claim
48 brought on behalf of an insurance company."

H-1563B

49 3. Title page, by striking lines 2 and 3 and
50 inserting the following: "relating to products and

Page 2

1 improvements to real property."
2 4. By renumbering as necessary.

Tremmel of Wapello moved the adoption of amendment H-1563A.

A non-record roll call was requested.

The ayes were 37, nays 51.

Amendment H-1563A lost.

Sukup of Franklin rose on a point of order that amendment
H-1563B was not germane.

The Speaker ruled the point well taken and amendment H-1563B
not germane.

Mascher of Johnson offered the following amendment H-1510 filed
by her and moved its adoption:

H-1510

1 Amend Senate File 222, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 3, by inserting after the word
4 "PROPERTY." the following: "a."
5 2. Page 1, line 12, by striking the word
6 "subsection" and inserting the following:
7 "paragraph".
8 3. Page 1, by inserting after line 15, the
9 following:
10 "b. An action arising out of the unsafe or
11 defective condition of an improvement to an
12 educational facility owned, leased, operated, or
13 administered by a school district, accredited
14 nonpublic school, area education agency, community
15 college, accredited private institution, or the state
16 board of regents, based upon tort and implied warranty
17 and for contribution and indemnity, and founded on
18 injury to property, real or personal, or injury to the
19 person or wrongful death, shall not be brought more
20 than fifteen years after the date on which occurred
21 the act or omission of the defendant alleged in the
22 action to have been the cause of the injury or death.
23 However, this paragraph does not bar an action against
24 a person solely in the person's capacity as an owner,
25 occupant, or operator of an improvement to an
26 educational facility owned, leased, operated, or
27 administered by a school district, accredited
28 nonpublic school, area education agency, community
29 college, accredited private institution, or the state
30 board of regents."
31 4. Title page, line 3, by inserting after the
32 word "property" the following: "and an educational
33 facility owned, leased, operated, or administered by a
34 school district, accredited nonpublic school, area
35 education agency, community college, accredited
36 private institution, or the state board of regents".

Roll call was requested by Myers of Johnson and Reynolds of
Van Buren.

On the question "Shall amendment H-1510 be adopted?" (S.F. 222)

The ayes were, 46:
Atteberry Bell Boddicker Bukta
Chiodo Cohoon Dotzler Eichhorn
Falck Fallon Foege Ford
Frevert Garman Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Petersen Reynolds Richardson
Scherrman Schrader Seng Shey
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


The nays were, 50:
Alons Arnold Barry Baudler
Boal Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Drake Eddie
Elgin Finch Gipp Hahn
Hansen Heaton Hoffman Horbach
Houser Hoversten Huseman Jacobs
Jenkins Johnson Kettering Klemme
Larson Manternach Metcalf Millage
Quirk Rants Rayhons Rekow
Roberts Sievers Sukup Teig
Tymeson Tyrrell Van Engelenhoven Van Fossen
Weidman Mr. Speaker
Siegrist

 


Absent or not voting, 4:
Connors Dolecheck Grundberg Raecker

 


Amendment H-1510 lost.

Kreiman of Davis offered amendment H-1477 filed by him and
requested division as follows:

H-1477

1 Amend Senate File 222, as amended, passed, and

2 reprinted by the Senate, as follows:

H-1477A

3 1. Page 1, line 10, by striking the word "eight"
4 and inserting the following: "ten".

H-1477B

5 2. Page 1, by inserting after line 15, the
6 following:
7 "This subsection shall not apply to the following:
8 a. The intentional or reckless disregard of design
9 plans, specifications, or building codes, including
10 the substitution of specified materials without the
11 knowledge of the purchaser.
12 b. Fraud or misrepresentation.
13 c. Breach of express warranty or guaranty.
14 d. Defective products incorporated into the real
15 property.
16 e. Waiver of the provisions of this subsection by
17 contract of the parties.
18 f. Improvements to real property made prior to the
19 effective date of this Act."

Kreiman of Davis asked and received unanimous consent that
amendment H-1477A be deferred.

Sukup of Franklin offered the following amendment H-1569 filed
by him from the floor and moved its adoption:

H-1569

1 Amend Senate File 222, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 10, by striking the word "eight"
4 and inserting the following: "ten".

A non-record roll call was requested.

The ayes were 56, nays 26.

Amendment H-1569 was adopted, placing amendment H-1477A
out of order.

Kreiman of Davis moved the adoption of amendment H-1477B.


Roll call was requested by Myers of Johnson and Larkin of Lee.

On the question "Shall amendment H-1477B be adopted?" (S.F.
222)

The ayes were, 47:
Arnold Atteberry Bell Boddicker
Broers Bukta Cohoon Dotzler
Drake Eichhorn Falck Fallon
Foege Ford Frevert Garman
Greimann Hatch Houser Huser
Jochum Kreiman Kuhn Larkin
Lensing Mascher Millage Murphy
Myers O'Brien Osterhaus Petersen
Raecker Reynolds Richardson Scherrman
Schrader Seng Shoultz Smith
Stevens Taylor, D. Taylor, T. Tremmel
Winckler Wise Witt

 


The nays were, 51:
Alons Barry Baudler Boal
Boggess Bradley Brauns Brunkhorst
Carroll Chiodo Cormack De Boef
Dix Dolecheck Eddie Elgin
Finch Gipp Hahn Hansen
Heaton Hoffman Horbach Hoversten
Huseman Jacobs Jenkins Johnson
Kettering Klemme Larson Manternach
May Mertz Metcalf Quirk
Rants Rayhons Rekow Roberts
Shey Sievers Sukup Teig
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Mr. Speaker
Siegrist

 


Absent or not voting, 2:
Connors Grundberg

 


Amendment H-1477B lost.

Sukup of Franklin 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. 222)


The ayes were, 52:
Alons Arnold Barry Baudler
Boal Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Elgin Finch Gipp
Hahn Hansen Heaton Hoffman
Horbach Houser Hoversten Huseman
Jacobs Jenkins Johnson Kettering
Klemme Larson Manternach May
Metcalf Quirk Rants Rayhons
Rekow Richardson Roberts Sievers
Sukup Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Mr. Speaker
Siegrist

 


The nays were, 46:
Atteberry Bell Boddicker Bukta
Chiodo Cohoon Dotzler Eichhorn
Falck Fallon Foege Ford
Frevert Garman Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher Mertz
Millage Murphy Myers O'Brien
Osterhaus Petersen Raecker Reynolds
Scherrman Schrader Seng Shey
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


Absent or not voting, 2:
Connors Grundberg

 


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 242, a bill for an
act relating to the rules regarding the authentication of practitioners'
medication and standing orders in hospitals, with report of committee
recommending amendment and passage, previously deferred and
found on page 1193 of the House Journal.

Mascher of Johnson offered the following amendment H-1561 filed
by her from the floor and moved its adoption:


H-1561

1 Amend Senate File 242, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 1 through 3, and
4 inserting the following:
5 "Section 1. NEW SECTION. 135B.7A PROCEDURES -
6 ORDERS.
7 The department shall adopt rules".
8 2. Page 1, by inserting after line 7, the
9 following:
10 "Sec. . Section 135B.7A is repealed June 30,
11 2007."
12 3. Title page, line 2, by inserting after the
13 word "hospitals" the following: "and providing for a
14 repeal".
15 4. By renumbering as necessary.

Amendment H-1561 was adopted.

Elgin of Linn 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. 242)

The ayes were, 74:
Alons Arnold Atteberry Barry
Baudler Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Elgin
Falck Finch Ford Frevert
Gipp Hahn Hansen Hatch
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Johnson Kettering Klemme Kuhn
Larkin Larson Manternach May
Mertz Metcalf Millage Myers
Osterhaus Petersen Quirk Raecker
Rants Rayhons Rekow Reynolds
Richardson Seng Shey Sievers
Sukup Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Warnstadt
Weidman Mr. Speaker
Siegrist

 




The nays were, 24:
Bell Eichhorn Fallon Foege
Garman Greimann Heaton Jochum
Kreiman Lensing Mascher Murphy
O'Brien Roberts Scherrman Schrader
Shoultz Smith Stevens Taylor, D.
Van Fossen Winckler Wise Witt

 


Absent or not voting, 2:
Connors Grundberg

 


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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 222 and 242.

SENATE MESSAGES CONSIDERED

Senate File 519, by committee on ways and means, a bill for an
act relating to the assessment for property tax purposes of certain
affordable housing for low-income individuals and families.

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

Senate File 525, by committee on appropriations, a bill for an act
appropriating federal funds made available from federal block grants
and other federal grants, allocating portions of federal block grants,
and providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated.

Read first time and referred to committee on appropriations.


MOTION TO RECONSIDER
(Senate File 141)

I move to reconsider the vote by which Senate File 141 passed the
House on April 17, 2001.

VAN FOSSEN of Scott

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on April 17, 2001.
Had I been present, I would have voted "aye" on Senate File 342.

RAECKER of Polk

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 17th day of April, 2001: House Files 294, 301, 451, 566 and 567.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on April 16, 2001, he approved and transmitted to the Secretary of
State the following bills:

House File 225, an act providing for the reorganization of districts for the election of
Iowa state fair board directors, and providing for an election.

House File 256, 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.

House File 272, an act relating to felonious misconduct by a public officer or
employee and providing a penalty.

House File 324, 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.

House File 353, an act relating to the amount of classroom instruction offered in an
approved driver education course as programmed by the department of education.

House File 569, an act relating to the proposed uniform computer information
transactions Act.

House File 624, an act relating to the appointment and dismissal of a police chief or
marshal under a mayor-council form of city government.

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

Senate File 94, an act creating a new criminal offense of escape from custody by a
sexually violent predator civilly committed to confinement and providing a penalty.

Senate File 102, an act relating to charitable gift annuities, by providing for notice
and filing requirements and providing for penalties.

Also: That on April 17, 2001, he approved and transmitted to the
Secretary of State the following bills:

House File 259, an act relating to the duties and office of the secretary of state in
commissioning notarial officers.

House File 270, an act striking certain filing requirements related to campus crime
statistics and sexual abuse policies.

House File 383, an act relating to the designation of model communities in projects,
pilot projects, or similar initiatives undertaken by the governor or the executive
branch.

House File 462, 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.

House File 469, an act requiring agricultural equipment suppliers to repurchase
certain items upon termination of an agricultural equipment dealership agreement.

Senate File 479, an act relating to wastewater systems, establishing a fund,
appropriating moneys from the fund, and providing an effective date.

PRESENTATION OF VISITORS

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


Sixty fourth grade students from Northeast Elementary School,
Ankeny, accompanied by Melissa Jackovin, Chad Larson and Jane
Schmidt. By Boal of Polk.

Fifty eighth grade students from Dallas Center-Grimes Middle
School, Grimes, accompanied by Mr. Bill Wineland. By Metcalf of
Polk and Raecker of Polk.

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\895 Mark Johnston and the City High School Journalism Department,
Iowa City - For placing second in the National Scholastic Journalism
Convention's "Best of Show" contest and earning at least eight awards.

2001\896 Dilara Yarbrough, Iowa City - For being the Gold Key Winner in the
Feature Writing Category.

2001\897 Liz Whiston, Iowa City - For being the Gold Key Winner in the In-
Depth Story Category.

2001\898 Nick Kanellis, Iowa City - For being the Gold Key Winner in the
Editorial Cartoon Category.

2001\899 Brooke Acarregui, Iowa City - For being awarded "Excellent Rating" in
the National Write-Off Competition for Yearbook Caption Writing.

2001\900 Maggie Spencer, Iowa City - For being awarded "Excellent Rating" in
the National Write-Off Competition for News Magazine Layout and
Design.

2001\901 Anna Kudsk, Iowa City - For being awarded "Excellent Rating" in the
National Write-Off Competition for Sports Writing.

2001\902 Casey Wagner, Iowa City - For being awarded Sweepstakes Winner by
Quill and Scroll International Honorary Society for High School
Journalists.

2001\903 Alma and Urban Metz, Riverside - For celebrating their 50th wedding
anniversary.

2001\904 Dwight Pratt, Clarinda - For celebrating his 90th birthday.


2001\905 Hazel Greedy, Shenandoah - For celebrating her 94th birthday.

2001\906 Thelma Larson, Corning - For celebrating her 90th birthday.

2001\907 Doris Davis, Corning - For celebrating her 90th birthday.

2001\908 Mr. and Mrs. Donald W. Perry, Shenandoah - For celebrating their 65th
wedding anniversary.

2001\909 Gladys and Clarence Hillyer, Marshalltown - For celebrating their 62nd
wedding anniversary.

2001\910 Carol and Willard Chase, Marshalltown - For celebrating their 50th
wedding anniversary.

2001\911 Mildred and Bob Wilkens, Marshalltown - For celebrating their 50th
wedding anniversary.

2001\912 Alia and Paul Neppel, Marshalltown - For celebrating their 50th
wedding anniversary.

2001\913 Esther Vogel, Independence - For celebrating her 100th birthday.

2001\914 Eloise and Jack Bertelson, Missouri Valley - For celebrating their 50th
wedding anniversary.

2001\915 Lucille Meyers, Bagley - For celebrating her 89th birthday.

2001\916 Monica Phippen, Guthrie Center - For celebrating her 90th birthday.

2001\917 Ray Leto, Greenfield - For being inducted into the Iowa High School
Athletic Directors Hall of Fame.

2001\918 Neil Wilson, Guthrie Center - For celebrating his 80th birthday.

2001\919 Ellsworth Christensen, Adair - For celebrating his 80th birthday.

2001\920 Alice Blair, St. Charles - For celebrating her 80th birthday.

2001\921 Gaylene and William Stephens, Winterset - For celebrating their 50th
wedding anniversary.

2001\922 Mr. Bruce Peiffer and the NM Jazz Band, New Sharon - For winning
3rd Place in the State Jazz Contest.

2001\923 Delaine and Robert Olson, Spirit Lake - For celebrating their 50th
wedding anniversary.

2001\924 Dorothy Idso, Milford - For celebrating her 90th birthday.

2001\925 Opal Mixell, Estherville - For celebrating her 80th birthday.


2001\926 Lorraine Bebo, Estherville - For celebrating her 80th birthday.

2001\927 Joyce and Roger Overocker, Spirit Lake - For celebrating their 50th
wedding anniversary.

2001\928 Greg Forney, Spirit Lake - For winning the Karl King Distinguished
Service Award for Service to Music Education.

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 APPROPRIATIONS

Committee Bill (Formerly House Study Bill 249), appropriating funds to the
department of economic development, certain board of regents institutions, the
department of workforce development, and the public employment relations board and
making related statutory changes.

Fiscal Note is not required.

Recommended Amend and Do Pass April 17, 2001.

Committee Bill (Formerly House Study Bill 251), relating to state government
technology and operations, by making and relating to appropriations to the Iowa
communications network for the support of certain Part III users, making
appropriations to various entities for other technology-related purposes, providing for
the procurement of information technology, and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass April 17, 2001.

RESOLUTIONS FILED

HCR 32, by Siegrist, Rants, Myers, Alons, Arnold, Atteberry, Barry,
Baudler, Bell, Boal, Boddicker, Boggess, Bradley, Brauns, Broers,
Brunkhorst, Bukta, Chiodo, Cohoon, Connors, De Boef, Dix,
Dolecheck, Dotzler, Drake, Eddie, Eichhorn, Elgin, Falck, Fallon,
Finch, Foege, Ford, Frevert, Garman, Gipp, Greimann, Hahn, Hatch,
Heaton, Hoffman, Horbach, Houser, Hoversten, Huseman, Huser,
Jacobs, Jenkins, Jochum, Johnson, Kettering, Klemme, Kreiman,
Kuhn, Larkin, Lensing, Mascher, May, Mertz, Metcalf, Millage,

Murphy, O'Brien, Osterhaus, Petersen, Raecker, Rayhons, Rekow,
Reynolds, Richardson, Roberts, Scherrman, Schrader, Seng, Shey,
Shoultz, Sievers, Smith, Stevens, Sukup, D. Taylor, T. Taylor,
Tremmel, Tymeson, Tyrrell, Van Engelenhoven, Warnstadt,
Weidman, Winckler, Wise, and Witt, a concurrent resolution marking
the completion of the exterior restoration of the Iowa State Capitol
and honoring the contractors, subcontractors, artisans, skilled
workers, and state employees who contributed to the effort to
complete the restoration.

Laid over under Rule 25.

SCR 3, by Dvorsky and Bolkcom, a concurrent resolution urging the
Governor to appoint a commission to develop design proposals for
Iowa's participation in the United States Mint's 50 state quarters
program and to direct the commission to develop designs
incorporating the Old Capitol as a symbol for the state.

Laid over under Rule 25.

SCR 19, by Kibbie, a concurrent resolution urging the Congress of
the United States and the United States Department of Agriculture
to provide increased federal moneys for purposes of supporting
enhanced surveillance expenses as part of a pseudorabies eradication
program.

Laid over under Rule 25.

AMENDMENTS FILED

H-1553 H.F. 73 Senate Amendment
H-1554 S.F. 350 Lensing of Johnson
H-1555 S.F. 473 Hoffman of Crawford
H-1560 H.F. 694 Senate Amendment
H-1562 S.F. 350 Lensing of Johnson
H-1564 S.F. 240 Falck of Fayette
H-1565 S.F. 350 Tremmel of Wapello
H-1566 S.F. 350 Tremmel of Wapello
Baudler of Adair
H-1567 S.C.R. 24 Gipp of Winneshiek
H-1568 S.F. 473 Hoffman of Crawford
H-1574 H.F. 590 Senate Amendment

H-1575 H.F. 229 Senate Amendment
H-1577 S.F. 473 Hoffman of Crawford
H-1578 H.F. 598 Senate Amendment
H-1580 S.F. 350 T. Taylor of Linn
H-1581 S.F. 350 Smith of Marshall
H-1582 H.F. 715 Sukup of Franklin

On motion by Rants of Woodbury the House adjourned at 9:49
p.m., until 10:00 a.m., Wednesday, April 18, 2001.

Previous Day: Monday, April 16Next Day: Wednesday, April 18
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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