House Journal: Thursday, February 7, 2002
JOURNAL OF THE HOUSE
Twenty-fifth Calendar Day - Seventeenth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, February 7, 2002
The House met pursuant to adjournment at 8:43 a.m., Gipp of
Winneshiek in the chair.
Prayer was offered by Reverend Aaron Stevens, pastor of Waukee
Christian Church, Waukee. He was the guest of Representative
Andra Atteberry from Delaware County.
The Journal of Wednesday, February 6, 2002 was approved.
INTRODUCTION OF BILLS
House File 2246, by committee on local government, a bill for an
act relating to administrative procedures of county treasurers for
property taxation and vehicle registration.
Read first time and placed on the calendar.
House File 2247, by committee on human resources, a bill for an
act relating to the regulation of health care facilities and the duties of
resident advocate committees.
Read first time and placed on the calendar.
House File 2248, by committee on state government, a bill for an
act relating to the designation of a Bill of Rights Day.
Read first time and placed on the calendar.
House File 2249, by committee on state government, a bill for an
act relating to the administration of the Iowa lottery by providing for
criminal history checks of applicants for certain licenses and major
vendors contracting with the lottery, marketing materials, and the
identification of instant lottery tickets, providing for a fee, and
providing for an effective date.
Read first time and placed on the calendar.
House File 2250, by Hatch, T. Taylor, D. Taylor, Dotzler, Larkin,
Smith, Tremmel, Foege, Cohoon, Kuhn, Mertz, Fallon, Winckler,
Lensing, and Mascher, a bill for an act concerning the department of
workforce development by providing for required services at
workforce development centers and relating to unemployment
compensation benefits and providing an effective date.
Read first time and referred to committee on labor and
industrial relations.
House File 2251, by Johnson, a bill for an act relating to business
relationships between persons involved in the sale of certain vehicles,
including franchisers and franchisees of all-terrain vehicles.
Read first time and referred to committee on commerce and
regulation.
House File 2252, by Seng, a bill for an act authorizing by election
the expenditure of local sales and services tax for school
infrastructure proceeds for school district operating costs and
providing an effective date.
Read first time and referred to committee on ways and means.
House File 2253, by Connors, a bill for an act encouraging school
districts and accredited nonpublic schools to adopt a religious and
cultural tolerance curriculum for students in kindergarten through
grade twelve.
Read first time and referred to committee on education.
House File 2254, by Mascher, Lensing, Winckler, and Reeder, a
bill for an act relating to a tuition affordability project coordinated by
the state board of regents.
Read first time and referred to committee on education.
House File 2255, by Mascher, Lensing, Winckler, and Reeder, a
bill for an act establishing a prevention of domestic violence special
motor vehicle registration plate and establishing fees.
Read first time and referred to committee on transportation.
House File 2256, by Mascher, Murphy, Lensing, and Reeder, a
bill for an act relating to the management and supervision of nursing
care and providing penalties.
Read first time and referred to committee on human resources.
House File 2257, by Mascher, Fallon, and Winckler, a bill for an
act providing for the restoration of the right to vote for certain
persons.
Read first time and referred to committee on state government.
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
February 6, 2002, adopted the following resolution in which the concurrence of the
Senate was asked:
House Concurrent Resolution 110, a concurrent resolution to recognize February 6,
2002, as Ronald Reagan Day in the State of Iowa.
Also: That the Senate has on February 6, 2002, passed the following bill in which
the concurrence of the House is asked:
Senate File 2048, a bill for an act prohibiting disbursements of moneys from the
vision Iowa fund to entities entering into certain labor-related agreements, and
providing an effective date.
Also: That the Senate has on February 7, 2002, passed the following bill in which
the concurrence of the House is asked:
Senate File 2098, a bill for an act relating to the criminal offense of unauthorized
computer access, and providing a penalty.
Also: That the Senate has on February 6, 2002, passed the following bill in which
the concurrence of the House is asked:
Senate File 2100, a bill for an act relating to protection from domestic abuse and
including protections for persons in an intimate relationship.
MICHAEL E. MARSHALL, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Bell of Jasper, Chiodo of Polk and Myers of Johnson on request of Huser of Polk.
Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House File 2245 and amendments H-
8037 and H-8039.
CONSIDERATION OF BILL
Appropriations Calendar
House File 2245, a bill for an act relating to the medical
assistance program, making appropriations and transfers of funds,
and providing an effective date, was taken up for consideration.
T. Taylor of Linn offered amendment H-8037 filed by Murphy of
Dubuque from the floor as follows:
H-8037
1 Amend House File 2245 as follows:
2 1. Page 2, line 12, by striking the figure
3 "2,500,000" and inserting the following: "6,500,000".
4 2. Page 4, by striking lines 5 through 26.
5 3. By renumbering as necessary.
The House stood at ease at 8:54 a.m., until the fall of the gavel.
(Amendment H-8037 pending)
The House resumed session and consideration of House File 2245
and amendment H-8037 at 10:14 a.m., Speaker pro tempore Sukup in
the chair.
Speaker Siegrist in the chair at 10:22 a.m.
Murphy of Dubuque moved the adoption of amendment H-8037.
Amendment H-8037 lost.
Heaton of Henry offered the following amendment H-8039 filed by
Heaton, Jacobs of Polk, and Raecker of Polk from the floor and moved
its adoption:
H-8039
1 Amend House File 2245 as follows:
2 1. Page 4, line 13, by inserting after the word
3 "services" the following: ", diagnostic services,
4 restorative services limited to white and silver
5 fillings, and prosthetic services limited to dentures
6 only if the dentures are necessary to establish
7 masticatory function".
Amendment H-8039 was adopted.
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?" (H.F. 2245)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Boal | Boddicker | Boggess | Bradley |
|
Brauns | Broers | Brunkhorst | Bukta |
|
Carroll | Cohoon | Connors | Cormack |
|
De Boef | Dix | Dolecheck | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Fallon | Finch | Foege | Ford |
|
Frevert | Garman | Gipp | Greimann |
|
Hahn | Hatch | Heaton | Hoffman |
|
Horbach | Hoversten | Huseman | Huser |
|
Jacobs | Jenkins | Jochum | Johnson |
|
Jones | Kettering | Klemme | Kreiman |
|
Kuhn | Larkin | Larson | Lensing |
|
Manternach | Mascher | May | Mertz |
|
Metcalf | Millage | Murphy | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Reeder | 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 | Wilderdyke | Winckler | Wise |
|
Witt | Mr. Speaker |
|
| Siegrist |
|
|
The nays were, none.
Absent or not voting, 6:
|
Bell | Chiodo | Grundberg | Hansen |
|
Myers | O'Brien |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 2245 be immediately messaged to the Senate.
INTRODUCTION OF BILLS
House File 2258, by Siegrist, a bill for an act relating to the
issuance of special celebrate agriculture motor vehicle registration
plates, establishing fees, and making an appropriation.
Read first time and referred to committee on transportation.
House File 2259, by Kuhn, Frevert, Reynolds, Dotzler, Mertz,
Stevens, Osterhaus, Scherrman, Atteberry, Fallon, Kreiman, May,
Greimann, Witt, and Schrader, a bill for an act relating to animal
feeding operations, by providing for an economic and environmental
consulting organization.
Read first time and referred to committee on agriculture.
House File 2260, by Foege, a bill for an act establishing a
children's environmental health and protection advisory council.
Read first time and referred to committee on human resources.
SENATE MESSAGES CONSIDERED
Senate File 2048, by committee on business and labor relations, a
bill for an act prohibiting disbursements of moneys from the vision
Iowa fund to entities entering into certain labor-related agreements,
and providing an effective date.
Read first time and passed on file.
Senate File 2098, by committee on judiciary, a bill for an act
relating to the criminal offense of unauthorized computer access, and
criminal mischief, and providing a penalty.
Read first time and referred to committee on judiciary.
Senate File 2100, by committee on judiciary, a bill for an act
relating to protection from domestic abuse and including protections
for persons in an intimate relationship.
Read first time and passed on file.
On motion by Rants of Woodbury, the House was recessed at 10:42
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:05 p.m., Speaker Siegrist in the chair.
INTRODUCTION OF BILL
House File 2261, by Alons, Broers, Finch, De Boef, Brauns,
Warnstadt, D. Taylor, Atteberry, Tymeson, Seng, Van Engelenhoven,
Shoultz, and Ford, a bill for an act changing the official title of the
commandant of the Iowa veterans home.
Read first time and referred to committee on state government.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-seven members present, thirty-
three absent.
CONSIDERATION OF BILLS
Regular Calendar
House File 2190, a bill for an act relating to the procedural
requirements for foreign and international adoption, providing for
applicability, and providing an effective date, was taken up for
consideration.
Carroll of Poweshiek asked and received unanimous consent for
the immediate consideration of amendment H-8040.
Carroll of Poweshiek offered the following amendment H-8040
filed by Carroll, Kreiman of Davis, and Atteberry of Delaware from
the floor and moved its adoption:
H-8040
1 Amend House File 2190 as follows:
2 1. Page 1, by inserting before line 1, the
3 following:
4 "Section 1. NEW SECTION. 144.25A CERTIFICATE OF
5 BIRTH - FOREIGN AND INTERNATIONAL ADOPTIONS.
6 The department shall adopt rules pursuant to
7 chapter 17a to establish a procedure for the issuance
8 of a certificate of birth for children adopted
9 pursuant to section 600.15."
10 2. Page 1, by striking lines 6 and 7, and
11 inserting the following: "a juvenile court or court
12 of any other jurisdiction in within or outside the
13 United States shall be".
14 3. Page 1, by striking lines 28 through 30.
15 4. Title page, line 2, by striking the words
16 ",providing for applicability,".
17 5. By renumbering as necessary.
Amendment H-8040 was adopted.
Carroll of Poweshiek 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. 2190)
The ayes were, 90:
|
Alons | Atteberry | Baudler | Boal |
|
Boddicker | Boggess | Bradley | Brauns |
|
Broers | Brunkhorst | Bukta | Carroll |
|
Cohoon | Connors | Cormack | De Boef |
|
Dix | Dolecheck | Dotzler | Drake |
|
Eddie | Eichhorn | Elgin | Fallon |
|
Finch | Foege | Ford | Frevert |
|
Garman | Gipp | Greimann | Hahn |
|
Hatch | Horbach | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Johnson | Jones | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | 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, 10:
|
Arnold | Bell | Chiodo | Grundberg |
|
Hansen | Heaton | Hoffman | Myers |
|
O'Brien | Wilderdyke |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
House File 2193, a bill for an act relating to modal
transportation, including changes in transit coordination
requirements, elimination of the Iowa railway finance authority, and
changes in the aircraft registration process, was taken up for
consideration.
Eddie of Buena Vista 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. 2193)
The ayes were, 89:
|
Alons | Atteberry | Baudler | Boal |
|
Boddicker | Boggess | Bradley | Brauns |
|
Broers | Brunkhorst | Bukta | Carroll |
|
Cohoon | Connors | Cormack | De Boef |
|
Dix | Dolecheck | Dotzler | Drake |
|
Eddie | Eichhorn | Elgin | Fallon |
|
Finch | Foege | Ford | Frevert |
|
Garman | Gipp | Greimann | Hahn |
|
Hatch | Horbach | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Johnson | Jones | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Reynolds | Richardson | Roberts | Scherrman |
|
Schrader | Seng | Shey | Sievers |
|
Smith | Stevens | Sukup | Taylor, D. |
|
Taylor, T. | Teig | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Winckler | Wise | Witt |
|
Mr. Speaker |
|
Siegrist |
|
|
The nays were, none.
Absent or not voting, 11:
|
Arnold | Bell | Chiodo | Grundberg |
|
Hansen | Heaton | Hoffman | Myers |
|
O'Brien | Shoultz | Wilderdyke |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2190 and 2193.
On motion by Rants of Woodbury, the House was recessed at 1:45
p.m., until 3:30 p.m.
LATE AFTERNOON SESSION
The House reconvened at 3:48 p.m., Speaker Siegrist in the chair.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
February 7, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2245, a bill for an act relating to the medical assistance program,
making appropriations and transfers of funds, and providing an effective date.
MICHAEL E. MARSHALL, Secretary
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on February 6,
2002. Had I been present, I would have voted "aye" on House File
2153.
DE BOEF of Mahaska
BILL 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 bill
has been examined and found correctly enrolled, signed by the Speaker of the House
and the President of the Senate, and presented to the Governor for his approval on this
7th day of February, 2002: House File 2245.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
COMMUNICATION RECEIVED
The following communication was received and filed in the office of
the Chief Clerk:
DEPARTMENT OF ECONOMIC DEVELOPMENT
The Community Economic Betterment Account Self-Sustaining Progress Report,
pursuant to Chapter 15.315, Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2002\259 Julie Logsdon, Keokuk - For being elected 2002 Homecoming Queen
for Cardinal Stritch High School.
2002\260 Daniel Riney, Keokuk - For being elected 2002 Homecoming King
for Cardinal Stritch High School.
2002\261 Mike Pribyl, Keokuk - For winning the 2002 Spirit of Keokuk
Award.
2002\262 Bea McGinnis, Keokuk - For winning the 2002 Spirit of Keokuk
Award.
2002\263 Abby Etter, Keokuk - For winning the 2002 Spirit of Keokuk
Award.
2002\264 Wes Pohorsky, Keokuk - For winning the 2002 Spirit of Keokuk
Award.
2002\265 Tony Lambros, Keokuk - For winning the 2002 Spirit of Keokuk
Award.
2002\266 Clarence and Edith Gloeckner, Dubuque - For celebrating their 70th
wedding anniversary.
2002\267 Lynn and Maxine Cottrell, Dubuque - For celebrating their 64th
wedding anniversary.
2002\268 Merlin and Ruth Daack, Dubuque - For celebrating their 62nd
wedding anniversary.
2002\269 Ray and Dorothy Hall, Dubuque - For celebrating their 60th
wedding anniversary.
2002\270 Robert and Kay Schmidt, Dubuque - For celebrating their 60th
wedding anniversary.
2002\271 Arnold and Lois Green, Dubuque - For celebrating their 55th
wedding anniversary.
2002\272 Bob and Louise McCarty, Dubuque - For celebrating their 50th
wedding anniversary.
2002\273 Everett Derby, Sigourney - For commendable service during WWII
in helping to liberate France.
2002\274 Retha Abrams, Oskaloosa - For celebrating her 90th birthday.
2002\275 Eugene and Mary Sukup, Hampton - For celebrating their 50th
wedding anniversary.
2002\276 Nora (Mom) Baudler, Fontanelle - For celebrating her 89th birthday.
2002\277 Harold and Evelyn Queck, Fontanelle - For celebrating their 65th
wedding anniversary.
2002\278 Earl and Rachel Caviness, Fontanelle - For celebrating their 50th
wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 64 Reassigned
Transportation: Johnson, Chair; Rayhons and Scherrman.
House File 525
Judiciary: Sukup, Chair; Kreiman and Shey.
House File 2196
Judiciary: Shey, Chair; Jochum and Raecker.
House File 2207
Judiciary: Shey, Chair; Baudler and Mertz.
House File 2213
Labor and Industrial Relations: Millage, Chair; Ford and Horbach.
House File 2215
Transportation: Johnson, Chair; Huser and Klemme.
House File 2217
Labor and Industrial Relations: Millage, Chair; Horbach and Jochum.
House File 2220
Economic Development: Cormack, Chair; Seng and Teig.
House File 2227
Judiciary: Raecker, Chair; Kreiman and Wilderdyke.
House File 2232
Appropriations: Dolecheck, Chair; Dix and Wise.
House File 2233
Education: Broers, Chair; Lensing and Roberts.
House File 2240
Appropriations: Millage, Chair; Brunkhorst and Seng.
House File 2250
Labor and Industrial Relations: Hansen, Chair; Horbach and T. Taylor.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 633
State Government: Metcalf, Chair; Bradley, Gipp, Jochum and T. Taylor.
House Study Bill 634
Local Government: Carroll, Chair; Reeder and Van Engelenhoven.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 635 State Government
Creating a new category of confidential public records in the custody
of certain airports, utilities, or water districts, and allowing a
governmental body to hold a closed session to discuss such
confidential records.
H.S.B. 636 State Government
Providing for access to the Iowa communications network by
homeland security or defense facilities.
H.S.B. 637 Labor and Industrial Relations
Relating to an employer's liability for the payment of workers'
compensation benefits to an employee for a permanent partial
disability or a permanent total disability based in part upon a
preexisting injury or recovery of benefits.
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 ADMINISTRATION AND RULES
Senate File 2018, a bill for an act relating to the number of days of payment for
expenses of office for members of the general assemby for the 2002 Regular Session of
the Seventy-ninth General Assembly.
Fiscal Note is not required
Recommended Amend and Do Pass with amendment H-8038 February 6, 2002.
Senate Concurrent Resolution 101, a concurrent resolution to amend Joint Rule
20 of the joint rules of the senate and the house.
Fisical Note is not required.
Recommended Do Pass February 6, 2002.
COMMITTEE ON TRANSPORTATION
House File 2186, a bill for an act altering the penalties for the crimes of putting
debris on a highway and failure to remove injurious material dropped on a highway.
Fiscal Note is not required.
Recommended Do Pass February 7, 2002.
RESOLUTION FILED
HR 107, by Grundberg and Foege, a resolution honoring and
commemorating the one hundred fiftieth anniversary of Wartburg
College.
Laid over under Rule 25.
AMENDMENTS FILED
H-8038 S.F. 2018 Committee on Administration
and Rules
H-8041 S.F. 2048 Dotzler of Black Hawk
On motion by Rants of Woodbury the House adjourned at 3:49
p.m., until 9:00 a.m., Friday, February 8, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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