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House Journal: Monday, February 25, 2002

JOURNAL OF THE HOUSE

Forty-third Calendar Day - Twentieth-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, February 25, 2002

The House met pursuant to adjournment at 1:00 p.m., Gipp of
Winneshiek in the chair.

Prayer was offered and sung by the Brown Family; Keith the
father, Shelly, the mother; Jessica, Michaela, Adam and Andrew, of
Merrill. They were the guests of Representative Ralph Klemme of
Plymouth County.

The Journal of Friday, February 22, 2002 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by students from Anson
Elementary School from Marshalltown. They were the guests of
Representative Mark Smith from Marshall County.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Murphy of Dubuque on request of Myers of Johnson; Witt of Black Hawk, until his
arrival, on request of Bell of Jasper; Teig of Hamilton on request of Rants of Woodbury.

INTRODUCTION OF BILLS

House File 2503, by Winckler, Bukta, Cohoon, Larkin, Stevens,
Atteberry, Greimann, Reynolds, Mascher, Connors, Wise, Foege,
Petersen, Frevert, Lensing, and Kreiman, a bill for an act requiring
the insurance division of the department of commerce to establish a
school health insurance reform team study and to make
recommendations to the general assembly.

Read first time and referred to committee on commerce and
regulation.

House File 2504, by Heaton, a bill for an act relating to a juvenile
in the youthful offender program or foster care and to the jurisdiction
of the juvenile court.

Read first time and referred to committee on judiciary.

House File 2505, by committee on judiciary, a bill for an act
allowing any certified law enforcement officer who is a current
member in good standing of a duly organized governmental law
enforcement agency from another state to carry weapons.

Read first time and placed on the calendar.

House File 2506, by committee on judiciary, a bill for an act
relating to the issuance of a no-contact order against a defendant
convicted of a sexual offense upon the defendant's release from jail or
prison.

Read first time and placed on the calendar.

House File 2507, by committee on judiciary, a bill for an act
creating a criminal offense for possession or distribution of anthrax,
and providing a penalty.

Read first time and placed on the calendar.

House File 2508, by committee on judiciary, a bill for an act
relating to the admissibility of evidence in a child in need of
assistance proceeding.

Read first time and placed on the calendar.

House File 2509, by committee on commerce and regulation, a
bill for an act regarding business corporations, and providing an
effective date.

Read first time and placed on the calendar.

House File 2510, by committee on agriculture, a bill for an act
relating to the movement of dairy cattle from livestock markets, and
making penalties applicable.

Read first time and placed on the calendar.

House File 2511, by committee on transportation, a bill for an act
relating to driving a motor vehicle on a highway while suspended,
denied, revoked, or barred for an operating while intoxicated
violation.

Read first time and placed on the calendar.

House File 2512, by committee on agriculture, a bill for an act
providing for the identification of goats moved to or within an
exhibition.

Read first time and placed on the calendar.

House File 2513, by committee on human resources, a bill for an
act designating chiropractors as licensed practitioners to whom
clinical privileges cannot be denied by a hospital under specified
circumstances.

Read first time and placed on the calendar.

House File 2514, by committee on agriculture, a bill for an act
relating to the indemnification of owners of animals with a contagious
disease under a plan of eradication.

Read first time and placed on the calendar.

House File 2515, by committee on education, a bill for an act
relating to the duties and operation of the department of education
and providing an effective date.

Read first time and placed on the calendar.

House File 2516, by committee on education, a bill for an act
relating to the daily observance of a minute of silence in a school
district.

Read first time and placed on the calendar.

House File 2517, by committee on education, a bill for an act
relating to the operations of and programs for school districts,
accredited nonpublic schools, and community colleges.

Read first time and placed on the calendar.

House File 2518, by committee on human resources, a bill for an
act relating to child foster care and adoption requirements involving
licensing periods, foster parent training, and annual reports.

Read first time and placed on the calendar.

House File 2519, by Tremmel, Kreiman, and Shey, a bill for an
act expanding the penalty provisions for first-time offenders and for
repeat offenders of certain civil protective orders and criminal no-
contact orders.

Read first time and referred to committee on judiciary.

House File 2520, by Sukup, a bill for an act relating to reading
programs, reading assessments, professional development relating to
reading instruction, and to on-site visits by an accreditation team or
committee if a school district or school fails to meet local student
achievement levels in reading.

Read first time and referred to committee on education.

House File 2521, by Warnstadt, a bill for an act making changes
in allocations from the road use tax fund.

Read first time and referred to committee on appropriations.

House File 2522, by Teig, a bill for an act relating to tax credits
under the new jobs and income program for farmers' cooperatives
that own ethanol-producing facilities and including a retroactive
applicability date.

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

House File 2523, by committee on agriculture, a bill for an act
restricting investment tax credits related to confinement feeding

operations, providing for an effective date, and providing for the Act's
retroactive applicability.

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

House File 2524, by committee on agriculture, a bill for an act
relating to the regulation of milk and milk products, by providing for
permits, fees, and penalties, making penalties applicable, and
providing an effective date.

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

House File 2525, by committee on judiciary, a bill for an act
relating to the criminal offenses of making a false report and
homicide or serious injury by vehicle.

Read first time and placed on the calendar.

House File 2526, by Elgin, a bill for an act modifying allocations
and apportionments of road use tax funds.

Read first time and referred to committee on appropriations.

House File 2527, by committee on state government, a bill for an
act relating to elected officials, including reports of official
misconduct, and campaign finance reporting.

Read first time and placed on the calendar.

House File 2528, by Myers, a bill for an act relating to energy, by
providing for submission of energy reports by certain utilities,
expanding the applicability of the moratorium on utility
disconnections during the winter, and providing energy assistance for
low-income consumers.

Read first time and referred to committee on commerce and
regulation.

CONSIDERATION OF BILLS
Regular Calendar

House File 2404, a bill for an act relating to the amount of
additional weighting provided for limited English proficient students,
was taken up for consideration.

The House stood at ease at 1:13 p.m., until the fall of the gavel.

The House resumed session and consideration of House File 2404,
at 2:37 p.m., Gipp of Winneshiek in the chair.

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. 2404)

The ayes were, 96:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Brauns	Broers	Brunkhorst	Bukta
Carroll	Chiodo	Cohoon	Connors
Cormack	De Boef	Dix	Dolecheck
Dotzler	Drake	Eddie	Eichhorn
Elgin	Fallon	Finch	Foege
Ford	Frevert	Garman	Greimann
Grundberg	Hahn	Hansen	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
Myers	O'Brien	Osterhaus	Petersen
Quirk	Raecker	Rants	Rayhons
Reeder	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Siegrist, Spkr.	Sievers
Smith	Stevens	Sukup	Taylor, D.
Taylor, T.	Tremmel	Tymeson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Wilderdyke	Winckler	Wise	Gipp,
			Presiding

The nays were, none.

Absent or not voting, 4:

Bradley	Murphy	Teig	Witt

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 165, a bill for an act enacting the Iowa English
language reaffirmation Act of 2001, with report of committee
recommending passage, was taken up for consideration.

The following amendments to Senate File 165 were withdrawn by
unanimous consent:

Amendment H-1430 filed by the committee on local government on
April 4, 2001.
Amendment H-1771 filed by Hatch of Polk on April 30, 2001.
Amendment H-1779 filed by Fallon of Polk on April 30, 2001.
Amendment H-1780 filed by Fallon of Polk on April 30, 2001.
Amendment H-1781 filed by Fallon of Polk on April 30, 2001.
Amendment H-1782 filed by Fallon of Polk on April 30, 2001.
Amendment H-1783 filed by Fallon of Polk on April 30, 2001.
Amendment H-1784 filed by Fallon of Polk on April 30, 2001.
Amendment H-1785 filed by Fallon of Polk on April 30, 2001.
Amendment H-1786 filed by Fallon of Polk on April 30, 2001.
Amendment H-1787 filed by Fallon of Polk on April 30, 2001.
Amendment H-1788 filed by Petersen of Polk on April 30, 2001.
Amendment H-1790 filed by Petersen of Polk on April 30, 2001.
Amendment H-1791 filed by Petersen of Polk on April 30, 2001.
Amendment H-1803 filed by Connors of Polk on May 1, 2001.
Amendment H-1805 filed by Reynolds of Van Buren on May 1, 2001.
Amendment H-1806 filed by Reynolds of Van Buren on May 1, 2001.
Amendment H-1807 filed by Reynolds of Van Buren on May 1, 2001.
Amendment H-1814 filed by Fallon of Polk, et al., on May 1, 2001.
Amendment H-1821 filed by Warnstadt of Woodbury on May 1, 2001.
Amendment H-1822 filed by Richardson of Warren on May 2, 2001.
Amendment H-1938 filed by Warnstadt of Woodbury on May 2, 2001.
Amendment H-1944 filed by Reynolds of Van Buren on May 3, 2001.
Amendment H-1945 filed by Richardson of Warren on May 3, 2001.

Amendment H-1947 filed by Dotzler of Black Hawk on May 3, 2001.
Amendment H-1948 filed by Dotzler of Black Hawk on May 3, 2001.
Amendment H-1949 filed by Dotzler of Black Hawk on May 3, 2001.
Amendment H-1950 filed by Dotzler of Black Hawk on May 3, 2001.
Amendment H-1951 filed by Richardson of Warren on May 3, 2001.
Amendment H-1952 filed by Richardson of Warren on May 3, 2001.
Amendment H-1953 filed by Kreiman of Davis on May 3, 2001.
Amendment H-1954 filed by Kreiman of Davis on May 3, 2001.
Amendment H-1956 filed by Quirk of Chickasaw on May 3, 2001.
Amendment H-1957 filed by Kuhn of Floyd on May 3, 2001.
Amendment H-1964 filed by Fallon of Polk on May 3, 2001.
Amendment H-1965 filed by Fallon of Polk on May 3, 2001.
Amendment H-1966 filed by Lensing of Johnson on May 3, 2001.
Amendment H-1967 filed by Frevert of Palo Alto on May 3, 2001.
Amendment H-1968 filed by Lensing of Johnson on May 3, 2001.
Amendment H-1969 filed by Petersen of Polk on May 3, 2001.
Amendment H-1970 filed by Peterson of Polk on May 3, 2001.
Amendment H-1972 filed by Fallon of Polk and O'Brien of Boone on
May 3, 2001.
Amendment H-1973 filed by Greimann of Story on May 3, 2001.
Amendment H-1974 filed by Greimann of Story on May 3, 2001.
Amendment H-1975 filed by Fallon of Polk on May 3, 2001.
Amendment H-1976 filed by Bukta of Clinton on May 3, 2001.
Amendment H-1977 filed by Fallon of Polk and Bukta of Clinton on
May 3, 2001.
Amendment H-1978 filed by Mascher of Johnson on May 3, 2001.
Amendment H-2009 filed by Fallon of Polk on May 4, 2001.
Amendment H-2010 filed by Fallon of Polk on May 4, 2001.
Amendment H-2012 filed by Fallon of Polk on May 4, 2001.
Amendment H-8080 filed by Warnstadt of Woodbury on February 22,
2001.
Amendment H-8081 filed by Petersen of Polk, et al., on February 22,
2002.
Amendment H-8083 filed by Warnstadt of Woodbury, et al., on
February 22, 2002.
Amendment H-8084 filed by Warnstadt of Woodbury on February 22,
2002.

Myers of Johnson asked and received unanimous consent that
amendment H-8085 be deferred.

Fallon of Polk asked and received unanimous consent that
amendment H-8086 be deferred.

Hatch of Polk offered the following amendment H-8087 filed by
Hatch, et al., and moved its adoption:

H-8087

1 Amend Senate File 165, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 1, line 1 through page 3,
4 line 12, and inserting the following:
5 "Section 1. NEW SECTION. 1.18 ENGLISH PLUS
6 AFFIRMATION.
7 1. The general assembly of the state of Iowa finds
8 and declares the following:
9 a. English is and will remain the primary language
10 of the state of Iowa, and all members of the state
11 recognize the importance of English to state life,
12 individual accomplishment, and personal enrichment.
13 b. Many United States citizens have native
14 languages other than English, including many languages
15 indigenous to the North American continent, and many
16 members of society have not had an equal opportunity
17 to learn English.
18 c. The ability to communicate in English and other
19 languages has promoted and can further enhance Iowa's
20 economic, political, and cultural vitality, and
21 contributes to the state's productivity and nationwide
22 competitiveness.
23 d. Fundamental values and state and national
24 documents ensure tolerance and respect for diversity
25 and guarantee all persons equal protection under the
26 law.
27 e. A need exists for a vastly expanded network of
28 facilities for comprehensive English language
29 instruction and services to ensure that all persons in
30 the state have the ability to exercise the rights and
31 responsibilities of full participation in society. A
32 need exists to offer English as a primary language in
33 classes at Iowa community colleges, state
34 universities, and public schools.
35 f. A need exists to foster multiple language
36 skills among all people in the state in order to
37 promote Iowa's position in the world marketplace and
38 to strengthen Iowa's conduct of relations with other
39 countries.
40 g. A need exists to endorse the concept of English
41 Plus in order to promote public civility and the
42 fundamental values and objectives of society.

43 2. Laws containing restrictionist language shall
44 not be enacted in Iowa that will impede a citizen's
45 right to vote, infringe on a citizen's civil rights,
46 foster governmental interference in private activity
47 and free commerce, or cause social disunity."
48 2. Title page, by striking lines 1 and 2 and
49 inserting the following: "An Act endorsing the
50 concept of multiple language skills in the state of

Page 2

1 Iowa."

Roll call was requested by Hatch of Polk and Foege of Linn.

On the question "Shall amendment H-8087 be adopted?" (S.F. 165)

The ayes were, 42:

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

The nays were, 55:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Brauns
Broers	Brunkhorst	Carroll	Cormack
De Boef	Dix	Dolecheck	Drake
Eddie	Eichhorn	Elgin	Finch
Garman	Grundberg	Hahn	Hansen
Heaton	Hoffman	Horbach	Hoversten
Huseman	Jacobs	Jenkins	Johnson
Jones	Kettering	Klemme	Larson
Manternach	Metcalf	Millage	Raecker
Rants	Rayhons	Rekow	Roberts
Shey	Siegrist, Spkr.	Sievers	Sukup
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Wilderdyke	Gipp,
		Presiding

Absent or not voting, 3:

Murphy	Teig	Witt

Amendment H-8087 lost.

Petersen of Polk asked and received unanimous consent that
amendment H-8082 be deferred.

Petersen of Polk offered the following amendment H-8082,
previously deferred, filed by Petersen, et al., and moved its adoption:

H-8082

1 Amend Senate File 165, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 16 the
4 following:
5 "d. The state of Iowa recognizes that encouraging
6 future generations to learn not only English but
7 multiple languages and to embrace diverse cultures
8 will help to modernize Iowa's economy and to prepare
9 Iowa to grow and prosper in the global marketplace."

Sukup of Franklin in the chair at 4:19 p.m.

Roll call was requested by Mascher of Johnson and Bukta of
Clinton.

On the question "Shall amendment H-8082 be adopted?" (S.F. 165)

The ayes were, 45:

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

The nays were, 52:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Brauns
Broers	Brunkhorst	Carroll	Cormack
De Boef	Dix	Dolecheck	Drake
Eddie	Eichhorn	Elgin	Garman
Gipp	Hahn	Hansen	Heaton
Hoffman	Horbach	Huseman	Jacobs
Jenkins	Johnson	Jones	Kettering
Klemme	Larson	Manternach	Metcalf
Millage	Raecker	Rants	Rayhons
Rekow	Roberts	Shey	Siegrist, Spkr.
Sievers	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Wilderdyke	Sukup,
			Presiding

Absent or not voting, 3:

Hoversten	Murphy	Teig

Amendment H-8082 lost.

Mascher of Johnson offered the following amendment H-1971 filed
by her and moved its adoption:

H-1971

1 Amend Senate File 165, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 29 the
4 following:
5 "In designating the English language as the
6 official language of the state for such reports and
7 publications, it is not the intent of the general
8 assembly to discourage residents of the state from
9 learning, or maintaining proficiency in, a language
10 other than the English language. The general assembly
11 encourages bilingualism to facilitate a better
12 understanding of other cultures, to enhance
13 appreciation for the diversity and heritage of the
14 citizens of this state, and to promote state tourism
15 and international commerce."

Roll call was requested by Myers of Johnson and Osterhaus of
Jackson.

On the question "Shall amendment H-1971 be adopted?" (S.F. 165)

The ayes were, 43:

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

The nays were, 54:

Alons	Arnold	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	Hoversten
Huseman	Jacobs	Jenkins	Johnson
Jones	Kettering	Klemme	Larson
Manternach	Metcalf	Millage	Raecker
Rants	Rayhons	Rekow	Roberts
Shey	Siegrist, Spkr.	Sievers	Tymeson
Tyrrell	Van Engelenhoven	Van Fossen	Weidman
Wilderdyke	Sukup,
	Presiding

Absent or not voting, 3:

Grundberg	Murphy	Teig

Amendment H-1971 lost.

Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-1793 filed by her on April 30, 2001.

Warnstadt of Woodbury offered amendment H-8085, previously
deferred, filed by Myers of Johnson.

Division was requested as follows:

H-8085

1 Amend Senate File 165, as amended, passed, and
2 reprinted by the Senate, as follows:

H-8085A

3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 1.18 GOVERNMENT
6 OFFICIAL ACTION LANGUAGE.
7 1. Except as otherwise provided for in subsections
8 2 and 3, the English language shall be the language of
9 government in Iowa. All official documents,
10 regulations, orders, transactions, proceedings,
11 programs, meetings, publications, or actions taken or
12 issued, which are conducted or regulated by, or on
13 behalf of, or representing the state and all of its
14 political subdivisions shall be in the English
15 language.
16 For the purposes of this section, "official action"
17 means any action taken by the government in Iowa or by
18 an authorized officer or agent of the government in
19 Iowa that does any of the following:
20 a. Binds the government.
21 b. Is required by law.
22 c. Is otherwise subject to scrutiny by either the
23 press or the public.
24 2. This section shall not apply to:
25 a. The teaching of languages.
26 b. Requirements under the federal Individuals with
27 Disabilities Education Act.
28 c. Actions, documents, or policies necessary for
29 trade, tourism, or commerce.
30 d. Actions or documents that protect the public
31 health and safety.
32 e. Actions or documents that facilitate activities
33 pertaining to compiling any census of populations.
34 f. Actions or documents that protect the rights of
35 victims of crimes or criminal defendants.
36 g. Use of proper names, terms of art, or phrases
37 from languages other than English.
38 h. Any language usage required by or necessary to
39 secure the rights guaranteed by the Constitution and
40 laws of the United States of America or the
41 Constitution of the State of Iowa.

H-8085B

42 i. Any oral or written communications,
43 examinations, or publications produced or utilized by
44 a driver's license station, provided public safety is

H-8085B

45 not jeopardized except that examinations for
46 commercial driver's licenses shall be given only in
47 the English language.

H-8085A

48 3. Nothing in this section shall be construed to
49 do any of the following:
50 a. Prohibit an individual member of the general

Page 2

1 assembly or officer of state government, while
2 performing official business, from communicating
3 through any medium with another person in a language
4 other than English, if that member or officer deems it
5 necessary or desirable to do so.
6 b. Limit the preservation or use of Native
7 American languages, as defined in the federal Native
8 American Languages Act of 1992.
9 c. Disparage any language other than English or
10 discourage any person from learning or using a
11 language other than English.
12 Sec. 2. NEW SECTION. 4.14 GENERAL RULES OF
13 CONSTRUCTION FOR ENGLISH LANGUAGE LAWS.
14 It is presumed that English language requirements
15 in the public sector are consistent with the laws of
16 Iowa and any ambiguity in the English language text of
17 the laws of Iowa shall be resolved, in accordance with
18 the ninth and tenth amendments of the Constitution of
19 the United States, not to deny or disparage rights
20 retained by the people, and to reserve powers to the
21 states or to the people.
22 Sec. 3. CITATION. This Act may be cited as the
23 "Government Official Action Language Act of 2002"."
24 2. Title page, by striking lines 1 and 2, and
25 inserting the following: "An Act relating to the
26 government official action language Act of 2002."

Richardson of Warren asked and received unanimous consent
that amendment H-8085A be deferred.

Richardson of Warren moved the adoption of amendment H-8085B.

Roll call was requested by Myers of Johnson and Fallon of Polk.

On the question "Shall amendment H-8085B be adopted?" (S.F.
165)

The ayes were, 43:

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

The nays were, 51:

Alons	Arnold	Baudler	Boal
Boddicker	Broers	Brunkhorst	Carroll
Cormack	De Boef	Dix	Dolecheck
Drake	Eddie	Eichhorn	Elgin
Garman	Gipp	Grundberg	Hahn
Hansen	Heaton	Hoffman	Horbach
Hoversten	Huseman	Jacobs	Jenkins
Johnson	Jones	Kettering	Klemme
Larson	Manternach	Metcalf	Millage
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Siegrist, Spkr.	Sievers
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Wilderdyke	Sukup,
		Presiding

Absent or not voting, 6:

Boggess	Bradley	Brauns	Finch
Murphy	Teig

Amendment H-8085B lost.

Myers of Johnson asked and received unanimous consent to
withdraw amendment H-8085A.

Fallon of Polk offered the following amendment H-8086, previously
deferred, filed by Fallon, et al., and moved its adoption:

H-8086

1 Amend Senate File 165, as amended, passed, and

2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 1.18 ENGLISH - IOWA'S
6 COMMON LANGUAGE.
7 The general assembly of the state of Iowa
8 recognizes that English is the common language used in
9 Iowa and recognizes that fluency in English is
10 necessary for full integration into the American
11 culture."
12 2. Title page, by striking lines 1 and 2 and
13 inserting the following: "An Act affirming that
14 English is Iowa's common language."

Speaker Siegrist in the chair at 5:38 p.m.

Roll call was requested by Myers of Johnson and Fallon of Polk.

On the question "Shall amendment H-8086 be adopted?" (S.F. 165)

The ayes were, 43:

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

The nays were, 55:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Brauns
Broers	Brunkhorst	Carroll	Cormack
De Boef	Dix	Dolecheck	Drake
Eddie	Eichhorn	Elgin	Finch
Garman	Gipp	Grundberg	Hahn
Hansen	Heaton	Hoffman	Horbach
Hoversten	Huseman	Jacobs	Jenkins
Johnson	Jones	Kettering	Klemme
Larson	Manternach	Metcalf	Millage
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Sievers	Sukup
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Wilderdyke	Mr. Speaker
		Siegrist

Absent or not voting, 2:

Murphy	Teig

Amendment H-8086 lost.

Sukup of Franklin in the chair at 7:24 p.m.

Speaker Siegrist in the chair at 7:28 p.m.

Connors of Polk asked unanimous consent to reconsider the vote
by which amendment H-8086 failed to pass the House.

Objection was raised.

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.

Rule 75 was invoked.

On the question "Shall the bill pass?" (S.F. 165)

The ayes were, 56:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Carroll	Cormack	De Boef	Dix
Dolecheck	Drake	Eddie	Eichhorn
Finch	Garman	Gipp	Grundberg
Hahn	Hansen	Hoffman	Horbach
Hoversten	Huseman	Huser	Johnson
Jones	Kettering	Klemme	Kreiman
Larson	Manternach	Mertz	Millage
Rants	Rayhons	Reeder	Rekow
Roberts	Shey	Sievers	Sukup
Tremmel	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Wilderdyke	Mr. Speaker
			Siegrist

The nays were, 42:

Bukta	Chiodo	Cohoon	Connors
Dotzler	Elgin	Fallon	Foege
Ford	Frevert	Greimann	Hatch
Heaton	Jacobs	Jenkins	Jochum
Kuhn	Larkin	Lensing	Mascher
May	Metcalf	Myers	O'Brien
Osterhaus	Petersen	Quirk	Raecker
Reynolds	Richardson	Scherrman	Schrader
Seng	Shoultz	Smith	Stevens
Taylor, D.	Taylor, T.	Warnstadt	Winckler
Wise	Witt

Absent or not voting, 2:

Murphy	Teig

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
File 2404 and Senate File 165.

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 25, 2002, concurred in the House amendment and passed the following bill in
which the concurrence of the Senate was asked:

Senate File 335, a bill for an act relating to species of animals by classifying certain
species as livestock and providing exemptions from the sales and use tax for feed used
to support the species.

Also: That the Senate has on February 25, 2002, concurred in the House
amendment and passed the following bill in which the concurrence of the Senate was
asked:

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 assembly for the 2002 Regular Session of
the Seventy-ninth General Assembly.

Also: That the Senate has on February 25, 2002, concurred in the House
amendment and passed the following bill in which the concurrence of the Senate was
asked:

Senate File 2051, a bill for an act relating to the creation of a state interagency
Missouri river authority and specifying its powers and duties.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2084, a bill for an act relating to business relationships between
persons involved in the sale of certain vehicles, including suppliers and dealers of all-
terrain vehicles.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2116, a bill for an act relating to the preservation and enhancement of
the state capitol.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2140, a bill for an act relating to energy conservation including making
appropriations of petroleum overcharge funds.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2141, a bill for an act authorizing sheriffs to appoint civil process
servers.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2156, a bill for an act authorizing all counties not served by a
permanent state department of transportation facility to issue driver's licenses,
nonoperator identification cards, and persons with disabilities identification devices
under certain conditions.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2206, a bill for an act relating to the issuance or renewal of sanitary
disposal project permits.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2207, a bill for an act relating to the acquisition, enforceability, and
purpose of conservation easements.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2210, a bill for an act relating to the acquisition and holding of
agricultural land by qualified enterprises, by providing for activities related to baby
chicks and fertilized chicken eggs, providing penalties, and providing an effective date.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2231, a bill for an act providing for hospital access to abuse registries
for purposes of employment checks.

Also: That the Senate has on February 25, 2002, passed the following bill in which
the concurrence of the House is asked:

Senate File 2260, a bill for an act relating to the reorganization or dissolution of
area education agencies and providing an effective date.

MICHAEL E. MARSHALL, Secretary

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on February 19
and 20, 2002. Had I been present, I would have voted "aye" on House
Files 2054, 2246, 2338, 2339, 2341, 2344, 2345 and Senate Files 437
and 2121.

O'BRIEN of Boone

BILL SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on February 22, 2002, he approved and transmitted to the Secretary
of State the following bill:

Senate File 2100, an act relating to protection from domestic abuse and including
protections for persons in an intimate relationship.

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\435 Leo Ingraham, Cedar Rapids - For celebrating his 88th birthday.

2002\436 Verna Clute, Cedar Rapids - For celebrating his 80th birthday.

2002\437 Charles and Hope Pyle, Cedar Rapids - For celebrating their 60th
wedding anniversary.

2002\438 Edward and Josephine Henry, Barnes City - For celebrating their
60th wedding anniversary.

2002\439 James Manatt, Malcom - For celebrating his 80th birthday.

2002\440 Ruth and Fred Martin, Grinnell - For celebrating their 60th wedding
anniversary.

2002\441 Lillian Davidson, Brooklyn - For celebrating her 80th birthday.

2002\442 Esther Cunningham, Grinnell - For celebrating her 80th birthday.

2002\443 Herman and Irene Meiners, Manilla - For celebrating their 50th
wedding anniversary.

2002\444 Frances Allen, Denison - For celebrating her 90th birthday.

2002\445 Leona Savery, Soldier - For celebrating her 88th birthday.

2002\446 Irene Hadden, Soldier - For celebrating her 88th birthday.

2002\447 Gladys Boyens, Manilla - For celebrating her 80th birthday.

2002\448 Lena Roushi, Perry - For celebrating her 85th birthday.

2002\449 Agnes Bock, Perry - For celebrating her 90th birthday.

2002\450 Rex and Beulah Bissell, Corning - For celebrating their 60th
wedding anniversary.

2002\451 Joshua O. Eberly, Corning - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2002\452 Clara Fenstermann, Cedar Falls - For celebrating her 90th birthday.

2002\453 Cy Gavin, Manchester - For celebrating his 88th birthday.

2002\454 Erma K. Adix, Manchester - For celebrating her 90th birthday.

2002\455 Brent Wessel, Colesburg - For earning his American FFA degree.

2002\456 Roger Johnson, Hawarden - For his 30 years of dedicated
leadership to the Boy Scouts of America.

2002\457 Sioux County Index-Reporter and Editor Randy Cauthron, Hull -
For being awarded First Place in General Excellence among the
Class 1 Weeklies, and for receiving First Place in Best Editorial

Page, Best News Story, Best Special Section, Best Sports Story,
Best Series, Sports Columnist, and Best Sports Photo.

2002\458 Bert and Charlotte Auten, Newton - For celebrating their 60th
wedding anniversary.

2002\459 Vernon and Vickie Balmer, Kellogg - For celebrating their 60th
wedding anniversary.

2002\460 Newell "Mac" and Verla McIntyre, West Union - For celebrating
their 50th wedding anniversary.

2002\461 Kenneth and Gloria Schatz, West Union - For celebrating their 50th
wedding anniversary.

2002\462 Adeline Mohrhauser, Danbury - For celebrating her 90th birthday.

2002\463 Raymond and Joyce Saxon, Pierson - For celebrating their 50th
wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House File 2015

Ways and Means: Tymeson, Chair; Larson and Winckler.

House File 2203

Ways and Means: Tymeson, Chair; Larson and Winckler.

House File 2336

Ways and Means: Tymeson, Chair; Larson and Winckler.

House File 2441

Ways and Means: Tymeson, Chair; Larson and Winckler.

COMMITTEE RECOMMENDATIONS

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON JUDICIARY

House File 525, a bill for an act relating to the imposition of a sentence for an
additional term of years for persons convicted of certain criminal offenses.

Fiscal Note is not required.

Recommended Do Pass February 19, 2002.

COMMITTEE ON STATE GOVERNMENT

House File 2281, a bill for an act requiring the licensure of landscape architects.

Fiscal Note is not required.

Recommended Do Pass February 21, 2002.

Committee Bill (Formerly House File 2005), relating to governmental preferences
for services from service providers located within the state of Iowa and making
penalties applicable.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2002.

Committee Bill (Formerly House File 2174), requiring formation of local
government consolidation committees and amending certain procedures for local
government consolidation.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2002.

Committee Bill (Formerly House Study Bill 635), 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.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2002.

Committee Bill (Formerly House Study Bill 660), relating to voting, including to
information contained on abstracts of votes, to the definition of a valid vote for
purposes of canvassing ballots after an election and during a recount, and to the
procedures for requesting and conducting recounts of votes cast.

Fiscal Note is not required.

Recommended Amend and Do Pass February 21, 2002.

Committee Bill (Formerly House Study Bill 698), relating to a referendum to
determine the type of gambling to be conducted at horse racetrack enclosures, creating
a governing board, and specifying the duties of the governing board.

Fiscal Note is not required.

Recommended Do Pass February 21, 2002.

LSB 6922YC, providing for the reorganization of certain state departments by
establishing a department of administrative services and abolishing the executive
council and transferring or eliminating its duties.

Fiscal Note is not required.

Recommended Do Pass February 21, 2002.

AMENDMENTS FILED

H-8088 H.F. 2417 Bradley of Clinton
H-8089 H.F. 2447 Baudler of Adair
H-8090 H.F. 2109 Raecker of Polk
Garman of Story

On motion by Rants of Woodbury the House adjourned at 8:47
p.m., until 8:45 a.m., Tuesday, February 26, 2002.

Previous Day: Friday, February 22	Next Day: Tuesday, February 26
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

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