House Journal: Tuesday, March 5, 2002
JOURNAL OF THE HOUSE
Fifty-first Calendar Day - Thirty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 5, 2002
The House met pursuant to adjournment at 8:47 a.m., Speaker
Siegrist in the chair.
Prayer was offered by Reverend Steve Pike, pastor of the Martelle
Christian Church, Martelle. He was the guest of Representative
Gene Manternach from Jones County.
The Journal of Monday, March 4, 2002 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
March 4, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2345, a bill for an act authorizing the department of justice to
administer the violence against women program.
Also: That the Senate has on March 4, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2492, a bill for an act relating to farm aid associations, by providing for
the future termination of such associations and election procedures to become governed
under the Iowa nonprofit corporation Act, and providing an effective date.
Also: That the Senate has on March 4, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2271, a bill for an act relating to the amount of state assistance
provided to each school district to purchase textbooks for accredited nonpublic school
pupils.
Also: That the Senate has on March 4, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2277, a bill for an act creating a new category of confidential public
records in the custody of certain airports, municipal corporations, utilities, or water
districts, and allowing a governmental body to hold a closed session to discuss such
confidential records.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2155, by committee on human resources, a bill for an
act providing for the issuance of out-of-hospital do-not-resuscitate
orders and making penalties applicable.
Read first time and passed on file.
Senate File 2160, by Greiner, a bill for an act relating to the dry
fire hydrant and rural water supply education and demonstration
project.
Read first time and referred to committee on economic
development.
Senate File 2190, by committee on business and labor relations, a
bill for an act concerning workers' compensation.
Read first time and referred to committee on labor and
industrial relations.
Senate File 2272, by committee on judiciary, a bill for an act
providing for agricultural land held by individuals lawfully admitted
into the United States for permanent residence, and making penalties
applicable
Read first time and referred to committee on judiciary.
On motion by Rants of Woodbury, the House was recessed at 8:55
a.m., until 3:00 p.m.
AFTERNOON SESSION
The House reconvened at 3:14 p.m., Speaker Siegrist in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-two members present, thirty-
eight absent.
SENATE MESSAGES CONSIDERED
Senate File 2271, by committee on education, a bill for an act
relating to the amount of state assistance provided to each school
district to purchase textbooks for accredited nonpublic school pupils
Read first time and referred to committee on education
Senate File 2277, by committee on state government, a bill for an
act creating a new category of confidential public records in the
custody of certain airports, municipal corporations, utilities, or water
districts, and allowing a governmental body to hold a closed session to
discuss such confidential records.
Read first time and passed on file.
SPECIAL PRESENTATION TO HOUSE PAGES
Speaker Siegrist invited the House Pages to the Speaker’s station
for a special presentation and thanked them for their service to the
House of Representatives.
Certificates of excellence for serving with honor and distinction as
a House Page during the Second Regular Session of the Seventy-
ninth General Assembly were presented to the following Pages by
Speaker Siegrist, Majority Leader Christopher Rants of Woodbury
and Minority Leader Dick Myers of Johnson:
Tosha Anderson Casey Palmersheim
Brad Bell Christopher Skoog
Drew Hjelm Danelle Tippie
Melissa Juhl Tina Tran
Morgan Kass Kylene Wentland
Thomas Mason
The House stood at ease at 3:25 p.m., until the fall of the gavel.
The House resumed session at 4:57 p.m., Speaker Siegrist in the
chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Myers of Johnson on request of Huser of Polk.
CONSIDERATION OF BILLS
Regular Calendar
House File 2489, 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, was
taken up for consideration.
Johnson of Osceola offered the following amendment H-8116 filed
by him and moved its adoption:
H-8116
1 Amend House File 2489 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 322D.1, Code 2001, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 01. "All-terrain vehicle" means
7 the same as defined in section 321G.1.
8 Sec. 2. Section 322D.1, subsection 1, Code 2001,
9 is amended to read as follows:
10 1. "Attachment" means a machine or part of a
11 machine designed to be used on and in conjunction with
12 a farm implement, or a motorcycle, or all-terrain
13 vehicle.
14 Sec. 3. Section 322D.1, subsection 3, paragraphs b
15 and e, Code 2001, are amended to read as follows:
16 b. The franchisee is granted the right to offer
17 and sell farm implements, or motorcycles, all-terrain
18 vehicles, or related parts or attachments manufactured
19 or distributed by the franchiser.
20 e. The operation of the franchisee's business is
21 substantially reliant on the franchiser for the
22 continued supply of farm implements, motorcycles, all-
23 terrain vehicles, or related parts, or attachments.
24 Sec. 4. Section 322D.1, subsections 4 through 6,
25 Code 2001, are amended to read as follows:
26 4. "Franchisee" means a person who receives farm
27 implements, or motorcycles, all-terrain vehicles, or
28 related parts for farm implements or motorcycles or
29 attachments from the franchiser under a franchise and
30 who offers and sells the farm implements, or
31 motorcycles, all-terrain vehicles, or their related
32 parts or attachments to the general public.
33 5. "Franchiser" means a person who manufactures,
34 wholesales, or distributes farm implements, or
35 motorcycles, all-terrain vehicles, or related parts
36 for farm implements or motorcycles or attachments, and
37 who enters into a franchise.
38 6. "Motorcycle" has the same meaning means a motor
39 vehicle as defined in section 321.1, subsection 40,
40 paragraph "a" other than an all-terrain vehicle, which
41 has a saddle or seat for the use of a rider and that
42 is designed to travel on not more than two wheels in
43 contact with the ground, but excluding a motorized
44 bicycle as defined in section 321.1.
45 Sec. 5. Section 322D.2, Code 2001, is amended to
46 read as follows:
47 322D.2 FRANCHISEE'S RIGHTS TO PAYMENT.
48 1. A franchisee who enters into a written
49 franchise with a franchiser to maintain a stock of
50 farm implements, motorcycles, all-terrain vehicles, or
Page 2
1 related parts, or attachments, farm implements, or
2 motorcycles has the following rights to payment, at
3 the option of the franchisee, if the franchise is
4 terminated:
5 a. One hundred percent of the net cost of new
6 unused complete farm implements, or motorcycles,
7 including all-terrain vehicles, or related
8 attachments, which were purchased from the franchiser,
9 and in. In addition, the franchisee shall have a
10 right of payment for transportation charges on the
11 farm implements, or motorcycles, or all-terrain
12 vehicles which have been paid by the franchisee.
13 b. Eighty-five percent of the net prices of any
14 repair parts, including superseded parts, which were
15 purchased from the franchiser and held by the
16 franchisee on the date of that the termination of the
17 franchise terminated.
18 c. Five percent of the net prices of the parts
19 resold under paragraph "b" for handling, packing, and
20 loading of the parts except that. However, this
21 payment shall not be due to the franchisee if the
22 franchiser elects to perform the handling, packing,
23 and loading.
24 2. Upon receipt of the payments due under
25 subsection 1, the franchiser is entitled to possession
26 of and title to the farm implements, motorcycles, all-
27 terrain vehicles, or related parts or attachments, or
28 parts.
29 3. The cost of farm implements, motorcycles, all-
30 terrain vehicles, or related attachments and the price
31 of repair parts shall be determined by reference to
32 the franchiser's price list or catalog in effect at
33 the time of the franchise termination.
34 Sec. 6. Section 322D.3, subsections 7 and 9, Code
35 2001, are amended to read as follows:
36 7. A farm implement, or motorcycle, or all-terrain
37 vehicle which is not in new, unused, undamaged, or
38 complete condition.
39 9. A farm implement, or motorcycle, or all-terrain
40 vehicle which was purchased twenty-four months or more
41 prior to the termination of the franchise.
42 Sec. 7. NEW SECTION. 322D.9 APPLICATION - ALL-
43 TERRAIN VEHICLES.
44 1. This chapter applies to a franchise for all-
45 terrain vehicles only if chapter 322F does not apply
46 to a dealership engaged in the retail sale of
47 equipment designed to be principally used for
48 agricultural operations under chapter 322F.
49 2. The rights under section 322D.2, subsection 1,
50 shall apply to a franchise for all-terrain vehicles as
Page 3
1 follows:
2 a. All franchises in effect on the effective date
3 of this Act that have no expiration date and are
4 continuing franchises.
5 b. Franchises that have been executed or renewed
6 on or after the effective date of this Act, but only
7 for all-terrain vehicles and related parts or
8 attachments purchased on or after the effective date
9 of this Act.
10 Sec. 8. Section 322F.1, Code 2001, is amended by
11 adding the following new subsection:
12 NEW SUBSECTION. 01. "All-terrain vehicle" means
13 the same as defined in section 321G.1.
14 Sec. 9. Section 322F.1, subsections 1 and 3, Code
15 2001, are amended to read as follows:
16 1. "Dealer" or "dealership" means a person engaged
17 in the retail sale of equipment, if the person sells
18 equipment designed to be principally used for
19 agricultural or horticultural operations, or raising
20 livestock including but not limited to livestock or
21 crop production or horticulture.
22 3. a. "Equipment" means a any of the following:
23 (1) A device or part of a device designed to be
24 used for any purpose related to agriculture, including
25 but not limited to livestock or crop production or
26 horticulture, or livestock raising. Equipment
27 "Equipment" includes but is not limited to tractors,
28 trailers, combines, tillage, planting, and cultivating
29 implements, balers, and irrigation implements.
30 (2) All-terrain vehicles, as defined in section
31 321G.1.
32 b. Equipment also includes attachments to For
33 purposes of this chapter, attachments to equipment
34 shall be deemed equipment.
35 c. Equipment does not include self-propelled
36 machines designed primarily for the transportation of
37 persons or property on a street or highway.
38 Sec. 10. Section 322F.9, Code 2001, is amended to
39 read as follows:
40 322F.9 APPLICABILITY.
41 1. A term of a dealership agreement which that is
42 inconsistent with the terms of this chapter is void
43 and unenforceable and does not waive any rights which
44 that are provided to a person provided by this
45 chapter.
46 2. a. This For all dealership agreements other
47 than those for all-terrain vehicles, this chapter
48 applies to all those dealership agreements in effect
49 which that have no expiration date and all other
50 agreements entered into or renewed on or after July 1,
Page 4
1 1990. Any such dealership agreement in effect on June
2 30, 1990, which by its own terms will terminate on a
3 subsequent date, shall be governed by the law as it
4 existed prior to July 1, 1990.
5 b. For all dealership agreements for all-terrain
6 vehicles, this chapter applies to those dealership
7 agreements in effect that have no expiration date and
8 all other such dealership agreements entered into or
9 renewed on or after the effective date of this Act.
10 Any such dealership agreement in effect on the
11 effective date of this Act, which by its own terms
12 will terminate on a subsequent date, shall be governed
13 by the law as it existed prior to the effective date
14 of this Act."
15 2. Title page, line 3, by striking the words
16 "franchisers and franchisees" and inserting the
17 following: "suppliers and dealers".
Amendment H-8116 was adopted.
SENATE FILE 2084 SUBSTITUTED FOR HOUSE FILE 2489
Johnson of Osceola asked and received unanimous consent to
substitute Senate File 2084 for House File 2489.
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, was taken up
for consideration.
Johnson of Osceola 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. 2084)
The ayes were, 96:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | Greimann | Grundberg | Hahn |
|
Hansen | 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 | O'Brien | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Reeder | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Sievers |
|
Smith | Stevens | Taylor, D. | Taylor, T. |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, none.
Absent or not voting, 4:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
House File 2532, a bill for an act relating to public retirement
systems and providing effective and retroactive applicability dates,
was taken up for consideration.
Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8122 filed by him on February 27, 2002,
placing out of order amendment H-8182 filed by Dotzler of Black
Hawk from the floor.
Elgin of Linn offered the following amendment H-8169 filed by him
and moved its adoption:
H-8169
1 Amend House File 2532 as follows:
2 1. Page 17, line 30, by striking the words
3 "paragraph "c"" and inserting the following:
4 "paragraph "a", "b", "c", or "e", or paragraph "d",
5 subparagraph (1)".
6 2. Page 17, line 31, by striking the word "that"
7 and inserting the following: "the selected".
8 3. Page 17, line 32, by inserting after the word
9 "paragraph" the following: "or subparagraph".
10 4. Page 18, line 3, by inserting after the word
11 "benefit" the following: "based upon the member's
12 account".
13 5. Page 18, lines 9 and 10, by striking the words
14 "certified record of the member's wage history from
15 social security" and inserting the following: "copy
16 of the estimate provided by the federal social
17 security administration of the member's monthly
18 federal social security benefit that would be payable
19 on the date the member would be first eligible to
20 receive a reduced social security pension benefit".
21 6. Page 20, line 5, by inserting after the word
22 "payee" the following: ", who is a spouse or former
23 spouse,".
24 7. Page 24, line 26, by inserting after the word
25 "eligible" the following: "governmental".
26 8. Page 32, by striking lines 25 through 27.
27 9. Page 32, line 28, by striking the figure "2."
28 10. Page 32, by inserting after line 32 the
29 following:
30 "Sec. . NEW SECTION. 602.9107C IOWA PUBLIC
31 EMPLOYEES' RETIREMENT SYSTEM - SERVICE CREDIT.
32 1. A judge under this system who has at least six
33 years of service as a judge of any of the courts
34 included in this article and who was a member of the
35 Iowa public employees' retirement system as provided
36 in chapter 97B, but who was not retired under that
37 system, upon submitting verification of membership and
38 service in the Iowa public employees' retirement
39 system to the court administrator, including proof
40 that the judge has no further claim upon a retirement
41 benefit from that public system, may make
42 contributions as provided by this section to the
43 system either for the entire period of service in the
44 other public system, or for partial service in the
45 other public system in increments of one or more
46 calendar quarters, and receive credit for that service
47 under the system.
48 2. The contributions required to be made for
49 purposes of this section shall be in an amount equal
50 to the actuarial cost of the service purchase. For
Page 2
1 purposes of this subsection, the actuarial cost of the
2 service purchase is an amount determined by the court
3 administrator in accordance with actuarial tables, as
4 reported to the court administrator by the system's
5 actuary, which reflects the actuarial cost necessary
6 to fund an increased retirement annuity resulting from
7 the purchase of additional service.
8 3. A judge eligible for an increased retirement
9 annuity because of the payment of contributions under
10 this section is entitled to receipt of retroactive
11 adjustment payments for no more than six months
12 immediately preceding the month in which the judge
13 pays contributions under this section.
14 4. The court administrator shall ensure that the
15 judge, in exercising an option provided in this
16 section, does not exceed the amount of annual
17 additions to a judge's account permitted pursuant to
18 section 415 of the Internal Revenue Code."
19 11. By renumbering as necessary.
Amendment H-8169 was adopted.
Wise of Lee offered the following amendment H-8133 filed by him
and moved its adoption:
H-8133
1 Amend House File 2532 as follows:
2 1. Page 18, by inserting after line 23 the
3 following:
4 "Sec. . Section 97B.52A, subsection 1,
5 paragraph c, Code 2001, is amended to read as follows:
6 c. For a member whose first month of entitlement
7 is July 2000 or later, the member does not return to
8 any employment with a covered employer until the
9 member has qualified for at least one calendar month
10 of retirement benefits, and the member does not return
11 to covered employment until the member has qualified
12 for no fewer than four calendar months of retirement
13 benefits. For purposes of this paragraph, effective
14 July 1, 2000, any employment with a covered employer
15 does not include employment as an elective official or
16 member of the general assembly if the member is not
17 covered under this chapter for that employment. For
18 purposes of this paragraph, effective July 1, 2002,
19 covered employment does not include employment with an
20 employer that did not employ the member immediately
21 prior to retirement or with the same employer that
22 employed the member immediately prior to retirement if
23 the employment is not in the same or similar position
24 as the member held prior to retirement."
25 2. By renumbering as necessary.
Roll Call was requested by Wise of Lee and Reynolds of
Van Buren.
On the question "Shall amendment H-8133 be adopted?" (H.F.
2532)
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 | Murphy | 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, 53:
|
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 |
|
Heaton | Hoffman | Horbach | Hoversten |
|
Huseman | Jacobs | Jenkins | Johnson |
|
Jones | Kettering | Klemme | Larson |
|
Manternach | Metcalf | Millage | Raecker |
|
Rants | Rayhons | Rekow | Roberts |
|
Shey | Sievers | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Weidman | Wilderdyke |
|
Mr. Speaker |
|
Siegrist |
|
|
Absent or not voting, 4:
Amendment H-8133 lost.
Larkin of Lee asked and received unanimous consent to withdraw
amendment H-8178 filed by him and Greimann of Story on March 4,
2002, placing out of order amendment H-8183 filed by Larkin of Lee
from the floor.
Wise of Lee asked unanimous consent for the immediate
consideration of amendment H-8184 filed by him from the floor.
Objection was raised.
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 questions "Shall the bill pass?" (H.F. 2532)
The ayes were, 97:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | 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 | Murphy | O'Brien |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Reynolds | Richardson | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Sievers | Smith | Stevens | Taylor, D. |
|
Taylor, T. | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Wilderdyke | Winckler | Wise | Witt |
|
Mr. Speaker |
|
Siegrist |
|
|
The nays were, none.
Absent or not voting, 3:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 2489 WITHDRAWN
Johnson of Osceola asked and received unanimous consent to
withdraw House File 2489 from further consideration by the House.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2532 and Senate File 2084.
House File 2538, a bill for an act relating to campaign finance,
including a reporting threshold for filing organizational committee
statements, providing for the filing of reports with the Iowa ethics
and campaign disclosure board, providing a document retention
period, and relating to certain signature requirements, and providing
effective dates, was taken up for consideration.
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?" (H.F. 2538)
The ayes were, 96:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | 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 | Murphy | O'Brien |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Reynolds | Richardson | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Sievers | Smith | Stevens | Taylor, T. |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, none.
Absent or not voting, 4:
|
Myers | Sukup | Taylor, D. | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
House File 2472, a bill for an act relating to the office of secretary
of state and the conduct of elections and of voter registration in the
state and including effective and applicability date provisions, was
taken up for consideration.
Scherrman of Dubuque offered the following amendment H-8159
filed by him and moved its adoption:
H-8159
1 Amend House File 2472 as follows:
2 1. Page 1, by inserting before line 9, the
3 following:
4 "Sec. . NEW SECTION. 39.2A MAIL BALLOT
5 ELECTIONS.
6 All mail ballot elections shall be conducted
7 pursuant to chapter 49B."
8 2. Page 18, by inserting after line 31, the
9 following:
10 "Sec. . NEW SECTION. 49B.1 MAIL BALLOT
11 ELECTIONS - PILOT PROJECT.
12 1. The state commissioner of elections shall
13 implement a pilot project applying the provisions of
14 this chapter to eligible cities in one county in the
15 state. The county selected for the pilot project
16 shall be a county with a population of more than
17 eighty-five thousand but less than ninety thousand and
18 which has five or more cities with a population of two
19 hundred or less.
20 2. A mail ballot election may be conducted in a
21 city with a population of two hundred or less that is
22 located in the pilot project county as provided in
23 this chapter.
24 Sec. . NEW SECTION. 49B.2 DEFINITIONS.
25 As used in this chapter, unless the context
26 otherwise requires:
27 1. "Election day" is the date established by law
28 on which a particular election would be held if that
29 election were being conducted by means other than a
30 mail ballot election.
31 2. "Return verification envelope" means an
32 envelope that contains a secrecy envelope and that is
33 designed to allow election officials, upon examination
34 of the outside of the envelope, to determine that the
35 ballot is being submitted by someone who is in fact a
36 registered voter and who has not already voted.
37 3. "Secrecy envelope" means an envelope that is
38 used to contain the elector's ballot and that is
39 designed to conceal the voter's vote and to prevent
40 the voter's ballot from being distinguished from the
41 ballots of other voters.
42 Sec. . NEW SECTION. 49B.3 MAIL BALLOT
43 ELECTION PROCEDURE.
44 The state commissioner of elections shall prescribe
45 uniform procedures and forms to be used in the conduct
46 of mail ballot elections.
47 Sec. . NEW SECTION. 49B.4 INITIATION BY
48 GOVERNING BODY.
49 1. If the city council of a city with a population
50 of two hundred or less determines that it is
Page 2
1 economically and administratively feasible to conduct
2 the regular city election or a special city election
3 by mail, the city council, by resolution, may require
4 the county commissioner of elections to conduct the
5 election under this chapter by filing the resolution
6 with the county commissioner not later than ninety
7 days before the date of the election.
8 2. After the resolution is filed, the county
9 commissioner shall prepare a written plan for conduct
10 of the election as provided in section 49B.5. At
11 least seventy-one days before the date set for the
12 election, the county commissioner shall forward a copy
13 of the written plan to the city council concerned.
14 Sec. . NEW SECTION. 49B.5 WRITTEN PLAN FOR
15 CONDUCT OF ELECTION - AMENDMENTS - APPROVAL
16 PROCEDURE.
17 1. The county commissioner shall prepare a written
18 plan, including a timetable, for the conduct of a mail
19 ballot election and shall submit it to the state
20 commissioner of elections at least seventy-one days
21 before the date of the election.
22 2. The plan may be amended by the county
23 commissioner any time before the sixty-fourth day
24 before the date of the election by notifying the state
25 commissioner of elections in writing of any changes.
26 3. Within five days after receiving the plan, and
27 as soon as possible after receiving any amendments,
28 the state commissioner of elections shall approve,
29 disapprove, or recommend changes to the plan or
30 amendments. The final plan shall be approved and
31 available to the public at least two days before the
32 deadline for candidates to file nomination papers in
33 the office of the city clerk.
34 4. When the written plan has been approved, the
35 county commissioner shall proceed to conduct the
36 election according to the approved plan.
37 Sec. . NEW SECTION. 49B.6 PUBLICATION OF
38 NOTICE.
39 The county commissioner shall, not more than ten
40 days and not less than four days before the date that
41 ballots are to be mailed, publish notice that a mail
42 ballot election will be conducted. The notice shall
43 be published in a newspaper of general circulation in
44 each city for which the mail ballot election will be
45 conducted. The notice shall include all of the
46 following information:
47 1. The date ballots will be mailed.
48 2. The last day that a voter can request an
49 absentee ballot.
50 3. Voter registration deadlines.
Page 3
1 4. Location or locations where mail ballots can be
2 deposited pursuant to section 49B.13.
3 5. Instructions for obtaining a replacement ballot
4 if a voter's ballot is destroyed, spoiled, lost, or
5 not received pursuant to section 49B.9.
6 The county commissioner is not required to publish
7 a sample ballot.
8 Sec. . NEW SECTION. 49B.7 MAILING BALLOTS.
9 1. Official ballots for a mail ballot election
10 shall be prepared and all other initial procedures for
11 elections shall be followed as otherwise provided by
12 law.
13 2. The county commissioner of elections shall mail
14 an official ballot to every registered voter of the
15 city conducting the election on a date not sooner than
16 the twentieth day before the date of the election and
17 not later than the tenth day before the date of the
18 election. An exception shall be made for those
19 ballots delivered as prescribed in section 49B.12.
20 3. All ballots shall be mailed by first class
21 mail.
22 4. Ballots mailed by the county commissioner shall
23 be addressed to the address of each voter appearing in
24 the registration records of the city, and placed in an
25 envelope which is prominently marked "Do Not Forward".
26 5. The ballot shall contain the following warning:
27 "Any person who, by use of violence, threats of
28 violence, or any means of duress, procures the vote of
29 a voter for or against any measure or candidate is
30 subject, upon conviction, to imprisonment or to a
31 fine, or both."
32 Sec. . NEW SECTION. 49B.8 REGISTRATION.
33 The county commissioner shall not mail a ballot
34 under this chapter to any voter not registered thirty
35 days before the date of the election. Voters
36 registered less than thirty days before the date of
37 the election, but before the close of registration,
38 may apply for a ballot under section 49B.9.
39 Sec. . NEW SECTION. 49B.9 REPLACEMENT
40 BALLOTS.
41 If the mail ballot is destroyed, spoiled, lost, or
42 not received by the voter, the voter may obtain a
43 replacement ballot from the county commissioner as
44 provided in this section. a voter seeking a
45 replacement ballot shall sign a statement, on a form
46 prescribed by the state commissioner, that the ballot
47 was destroyed, spoiled, lost, or not received. The
48 voter or the voter's designee shall deliver the
49 statement to the county commissioner before noon on
50 the date of the election. The voter may mail the
Page 4
1 statement to the county commissioner. However, a
2 county commissioner shall not transmit a ballot by
3 mail under this section unless the statement is
4 received before five p.m. on the fourth day before the
5 date of the election. When a statement is timely
6 received under this section, the county commissioner
7 shall give the ballot to the voter if the voter is
8 present in the office of the county commissioner, or
9 promptly mail the ballot to the voter at the address
10 contained in the statement, except when prohibited by
11 this section. If the voter is present in the county
12 commissioner's office, the ballot shall be voted at
13 that time. The county commissioner shall keep a
14 record of each replacement ballot provided under this
15 section. If a voter, having received and voted a
16 replacement ballot as provided under this section,
17 later finds the lost ballot, the voter shall return
18 the lost ballot to the county commissioner.
19 Sec. . NEW SECTION. 49B.10 VOTING AND RETURN
20 OF BALLOT.
21 1. a registered voter, upon receipt of a mail
22 ballot, shall mark the ballot in such a manner that no
23 other person will know how the ballot is marked and
24 shall place it in the secrecy envelope provided with
25 the ballot.
26 A voter who is blind, cannot read, or because of a
27 physical disability is unable to mark the ballot, may
28 be assisted by any person selected by the voter.
29 2. The voter shall place the secrecy envelope
30 containing the ballot in the return verification
31 envelope and sign and securely seal the return
32 verification envelope. The sealed return verification
33 envelope shall be returned to the county commissioner
34 by one of the following methods:
35 a. The sealed return verification envelope may be
36 delivered by the registered voter or the voter's
37 designee to the county commissioner's office or a
38 place designated by the commissioner no later than the
39 time the polls close on election day.
40 b. The sealed return verification envelope may be
41 mailed, postage paid, to the county commissioner. In
42 order for the ballot to be counted, the return
43 verification envelope must be clearly postmarked by an
44 officially authorized postal service not later than
45 the day before the election and received by the county
46 commissioner not later than the time established for
47 the canvass by the board of supervisors for that
48 election. The county commissioner shall contact the
49 post office serving the county commissioner's office
50 at the latest practical hour before the canvass by the
Page 5
1 board of supervisors for that election, and shall
2 arrange for return verification envelopes received in
3 that post office but not yet delivered to the
4 commissioner's office to be brought to the
5 commissioner's office before the canvass for that
6 election by the board of supervisors.
7 Sec. . NEW SECTION. 49B.11 ABSENTEE BALLOTS.
8 1. A registered voter who will be absent from the
9 city during the time when the ballots are mailed may
10 do either of the following:
11 a. Vote in person in the county commissioner's
12 office as soon as ballots are available and until noon
13 the day before the ballots are scheduled to be mailed.
14 b. Make a written request, signed by the voter and
15 addressed to the county commissioner, that the ballot
16 be mailed to an address other than that which appears
17 on the voter's registration record. Written requests
18 shall be accepted until noon the day before the
19 ballots are scheduled to be mailed.
20 2. Ballots mailed to voters pursuant to this
21 section shall be mailed the same day that all other
22 ballots are mailed.
23 Sec. . NEW SECTION. 49B.12 BALLOTING BY
24 CONFINED PERSONS.
25 a person who is a resident or patient in a health
26 care facility or hospital located in the county in
27 which the election is to be held shall not be mailed a
28 ballot but shall have a ballot delivered in the manner
29 prescribed by section 53.22, subsection 1.
30 Sec. . NEW SECTION. 49B.13 PERSONAL DELIVERY
31 OF MAIL BALLOT - BALLOT DROPOFF STATIONS.
32 a ballot dropoff station for the deposit of mail
33 ballots may be established in the city conducting the
34 mail ballot election at the direction of the county
35 commissioner. a ballot dropoff station established at
36 the direction of the commissioner shall be open from
37 eight a.m. until five p.m. on the day of the election.
38 Sec. . NEW SECTION. 49B.14 RECEIPT OF BALLOT
39 - SIGNATURE VERIFICATION.
40 When a mail ballot is returned, the county
41 commissioner, or the county commissioner's designees,
42 shall first examine the return verification envelope
43 to determine whether it was submitted by a registered
44 voter who has not previously voted. a ballot shall be
45 counted only if it is returned in the return
46 verification envelope, the envelope is signed by the
47 voter to whom the ballot is issued, and the signature
48 has been verified as provided in this section.
49 The county commissioner or the county
50 commissioner's designees shall verify the signature of
Page 6
1 each voter on the return verification envelope with
2 the signature in the voter's registration records and
3 may commence verification at any time before election
4 day. If a voter to whom a replacement ballot has been
5 issued under section 49B.9 returns more than one
6 ballot, only the replacement ballot shall be counted.
7 If the voter's signature is verified and the ballot
8 is otherwise valid, the county commissioner or the
9 county commissioner's designees shall deposit the
10 ballot unopened in an official ballot box.
11 Sec. . NEW SECTION. 49B.15 PROCEDURE FOR
12 INVALID BALLOTS.
13 If the county commissioner is not convinced that
14 the individual who signed the return verification
15 envelope is the voter whose name appears on the
16 registration card, the county commissioner shall not
17 deposit the ballot in a ballot box but shall do all of
18 the following:
19 1. Give notice to the voter as follows:
20 a. As soon as possible after receipt of a voter's
21 ballot, give notice to the voter, either by telephone
22 or by first class mail, if the county commissioner is
23 unable to verify the voter's signature.
24 b. Inform the voter that the voter may appear in
25 person at the county commissioner's office before the
26 close of the polls on election day and verify the
27 signature.
28 2. Permit any voter appearing pursuant to
29 subsection 1, paragraph "b", to:
30 a. Verify the voter's signature, after proof of
31 identification, by affirming that the signature is in
32 fact the voter's or by completing a new registration
33 card containing the voter's current signature.
34 b. If necessary, request and receive a replacement
35 ballot and vote at that time.
36 3. If the discrepancy is not rectified to the
37 county commissioner's satisfaction, present the
38 unopened envelope and the registration card to the
39 special precinct election board for a determination.
40 If the election board is unable to resolve the issue
41 to its satisfaction, the ballot shall not be counted.
42 Sec. . NEW SECTION. 49B.16 COUNTING BALLOTS.
43 Mail ballots shall be counted in the manner
44 prescribed by section 53.23 for absentee ballots. The
45 county commissioner shall supervise the procedures for
46 the handling, counting, and canvassing of ballots to
47 ensure the safety and confidentiality of all ballots.
48 Sec. . NEW SECTION. 49B.17 CHALLENGES.
49 Votes cast pursuant to this chapter may be
50 challenged in the manner prescribed by section 53.31
Page 7
1 for absentee ballots.
2 Sec. . NEW SECTION. 49B.18 CANVASS OF VOTES.
3 The provisions of chapter 50 relating to canvass of
4 votes apply to this chapter only to the extent they do
5 not conflict with this chapter.
6 Sec. . NEW SECTION. 49B.19 OTHER LAWS.
7 All laws which apply to elections apply to mail
8 ballot elections held under this chapter to the extent
9 applicable.
10 Sec. . NEW SECTION. 49B.20 RULES.
11 The state commissioner of elections shall adopt
12 rules pursuant to chapter 17a to govern the procedures
13 and forms necessary to administer this chapter. The
14 authority of the state commissioner to adopt rules
15 under this chapter shall be liberally construed.
16 Sec. . NEW SECTION. 49B.21 MISCONDUCT -
17 VIOLATIONS - PENALTIES.
18 1. A person who, by use of violence, threats of
19 violence, or any means of duress, procures or
20 endeavors to procure the vote of a voter for or
21 against any measure or candidate commits an aggravated
22 misdemeanor.
23 2. A person who violates or attempts to violate
24 any provision or requirement of this chapter for which
25 a penalty is not otherwise provided commits a simple
26 misdemeanor."
27 3. Title page, line 2, by inserting after the
28 word "state" the following: ", including the
29 establishment of a pilot project in certain counties
30 allowing elections in cities with a population of two
31 hundred or less to be conducted by mail ballots and
32 providing penalties,".
33 4. By renumbering as necessary.
Roll call was requested by Scherrman of Dubuque and T. Taylor of
Linn.
On the question "Shall amendment H-8159 be adopted?" (H.F.
2472)
The ayes were, 44:
|
Atteberry | Bell | Brauns | Bukta |
|
Chiodo | Cohoon | Connors | Dotzler |
|
Fallon | Foege | Ford | Frevert |
|
Greimann | Hatch | Huser | Jochum |
|
Kreiman | Kuhn | Larkin | Lensing |
|
Mascher | May | Mertz | Murphy |
|
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, 53:
|
Alons | Arnold | Baudler | Boal |
|
Boddicker | Boggess | Bradley | 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 | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Weidman | Wilderdyke |
|
Mr. Speaker |
|
Siegrist |
|
|
Absent or not voting, 3:
Amendment H-8159 lost.
Grundberg of Polk offered the following amendment H-8158 filed
by Grundberg, et al., and moved its adoption:
H-8158
1 Amend House File 2472 as follows:
2 1. Page 11, by inserting after line 2, the
3 following:
4 "Sec. . Section 48A.2, subsection 3, Code 2001,
5 is amended to read as follows:
6 3. "Person who is mentally incompetent to vote"
7 means a person who has been found to lack the mental
8 capacity to vote by reason of mental retardation in a
9 proceeding held pursuant to section 222.31 or
10 633.556."
11 Sec. . Section 48A.6, subsection 2, Code 2001,
12 is amended to read as follows:
13 2. A person who is mentally incompetent to vote.
14 Certification by the clerk of the district court that
15 any such person has been found no longer incompetent
16 by a court shall qualify such person to again be an
17 elector, subject to the other provisions of this
18 chapter."
19 2. Page 11, by inserting after line 10, the
20 following:
21 "Sec. . Section 48A.10, Code 2001 is amended to
22 read as follows:
23 48A.10 REGISTRATION REQUIRED.
24 If a registered voter moves to a different county,
25 the person shall submit a completed voter registration
26 form to the commissioner in order to be qualified to
27 vote in that county. An otherwise eligible elector
28 whose right to vote has been restored pursuant to
29 chapter 914 or who has been found not to be a person
30 who is mentally incompetent to vote may register to
31 vote."
32 3. Page 11, by inserting after line 16, the
33 following:
34 "Sec. . Section 48A.14, subsection 1, paragraph
35 f, Code 2001, is amended to read as follows:
36 f. The challenged registrant has been adjudged by
37 a court of law to be a person who is mentally
38 incompetent to vote and no subsequent proceeding has
39 reversed that finding."
40 4. Page 13, by inserting after line 32, the
41 following:
42 "Sec. . Section 48A.30, subsection 1, paragraph
43 e, Code 2001, is amended to read as follows:
44 e. The clerk of the district court or the state
45 registrar sends notice that the registered voter has
46 been declared a person who is mentally incompetent to
47 vote under state law."
48 5. Page 53, by inserting after line 12, the
49 following:
50 "Sec. . Section 602.8102, subsection 15, Code
Page 2
1 Supplement 2001, is amended to read as follows:
2 15. Monthly, notify the county commissioner of
3 registration and the state registrar of voters of
4 persons seventeen and one-half years of age and older
5 who have been convicted of a felony during the
6 preceding calendar month or persons who at any time
7 during the preceding calendar month have been legally
8 declared to be mentally a person who is incompetent to
9 vote as that term is defined in section 48A.2.
10 Sec. . Section 633.556, subsection 1, Code
11 2001, is amended to read as follows:
12 1. If the allegations of the petition as to the
13 status of the proposed ward and the necessity for the
14 appointment of a guardian are proved by clear and
15 convincing evidence, the court may appoint a guardian.
16 If the court appoints a guardian based upon mental
17 incapacity by reason of mental retardation of the
18 proposed ward, the court shall make a separate
19 determination as to the ward's competency to vote.
20 The court shall find a ward incompetent to vote only
21 upon determining that the person lacks sufficient
22 mental capacity to comprehend and exercise the right
23 to vote."
24 6. By renumbering as necessary.
Amendment H-8158 was adopted.
Tremmel of Wapello offered the following amendment H-8172 filed
by him and moved its adoption:
H-8172
1 Amend House File 2472 as follows:
2 1. Page 18, by striking lines 8 and 9, and
3 inserting the following: "the names of one or more
4 candidates for any office, only the votes cast
5 separately for individual".
Amendment H-8172 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. 2472)
The ayes were, 96:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | 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 | Murphy | O'Brien |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Reeder | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Sievers |
|
Smith | Stevens | Taylor, D. | Taylor, T. |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, none.
Absent or not voting, 4:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Rayhons of Hancock on request of Brunkhorst of Bremer.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2472 and 2538.
House File 2486, a bill for an act relating to redistricting, the
process of congressional and legislative redistricting, and review by
the ethics and campaign disclosure board of county supervisor
redistricting plans, and providing an effective date, was taken up for
consideration.
Metcalf of Polk offered amendment H-8177 filed by her as follows:
H-8177
1 Amend House File 2486 as follows:
2 1. Page 8, line 17, by striking the word
3 "Establish", and inserting the following: "Adopt
4 rules establishing".
5 2. Page 8, line 18, by inserting after the word
6 "reviewing" the following: "and investigating".
7 3. Page 8, line 21, by striking the word
8 "described", and inserting the following: "defined".
9 4. Page 8, line 22, by striking the figure
10 "42.4", and inserting the following: "331.210A".
11 5. Page 8, line 24, by striking the word
12 "section" and inserting the following: "sections
13 68B.32C and".
14 6. Page 8, by inserting after line 25 the
15 following:
16 "Sec. . Section 331.209, subsection 1, Code
17 2001, is amended to read as follows:
18 1. Not later than ninety days after After the
19 redistricting of congressional and legislative
20 districts becomes law, or October 15 of and no later
21 than the date set by the state commissioner of
22 elections in the year immediately following each the
23 year in which the federal decennial census is taken,
24 whichever is later, the temporary county redistricting
25 commission shall divide the county into a number of
26 supervisor districts corresponding to the number of
27 supervisors in the county. However, if the plan is
28 selected pursuant to section 331.207, the temporary
29 county redistricting commission shall divide the
30 county before February 15 of the election year. The
31 supervisor districts shall be drawn, to the extent
32 applicable, in compliance with the redistricting
33 standards provided for senatorial and representative
34 districts in section 42.4, and if a supervisor
35 redistricting plan is challenged in court, the
36 requirement of justifying any variance in excess of
37 one percent contained in section 42.4, subsection 1,
38 paragraph "c" applies to the board. If the temporary
39 county redistricting commission adopts a supervisor
40 redistricting plan with a variance in excess of one
41 percent, the board shall publish the justification for
42 the variance in one or more official newspapers as
43 provided in chapter 349 within ten days after the
44 action is taken. If more than one incumbent
45 supervisor resides in the same supervisor district
46 after the districts have been redrawn following the
47 federal decennial census, the terms of office of those
48 supervisors shall expire on the first day of January
49 that is not a Sunday or a holiday following the next
50 general election."
Page 2
1 7. By striking page 8, line 28, through page 9,
2 line 11, and inserting the following:
3 "e. The plan approved by the board of supervisors
4 shall be submitted to the state commissioner of
5 elections for review and approval as provided in
6 subsection 5. If the plan does not meet the standards
7 of section 42.4, the state commissioner shall reject
8 the plan, and the board of supervisors shall direct
9 the commission to prepare and adopt an acceptable
10 plan."
11 8. Page 9, by inserting after line 17, the
12 following:
13 "Sec. . Section 331.210A, Code 2001, is amended
14 by adding the following new subsection:
15 NEW SUBSECTION. 5. SUPERVISOR REPRESENTATION PLAN
16 REVIEW.
17 a. A supervisor representation plan approved by
18 the board of supervisors under this section shall be
19 submitted to the state commissioner of elections for
20 review and approval. The state commissioner shall
21 determine if all legal requirements applicable to the
22 plan have been met, including compliance with the
23 standards of section 42.4, prior to approving the
24 plan. If the applicable legal requirements have not
25 been met, the state commissioner shall make or cause
26 to be made the necessary changes as permitted by
27 section 321.209, subsection 4, or shall require the
28 board of supervisors to direct the commission to
29 prepare and adopt an acceptable plan.
30 b. (1) For purposes of determining whether a
31 supervisor representation plan has met the statutory
32 requirement that a plan not be drawn for improper
33 political reasons, an eligible elector may file a
34 complaint with the state commissioner of elections
35 within fourteen days after a plan has been approved by
36 the board of supervisors of the county in which the
37 eligible elector resides, on a form prescribed by the
38 state commissioner, alleging that the plan was drawn
39 for improper political reasons. The eligible elector
40 filing a complaint under this paragraph shall post a
41 bond in the amount of two hundred dollars. For
42 purposes of this paragraph, "a plan drawn for improper
43 political reasons" means a plan approved by the board
44 that contains at least one district that has been
45 drawn for one or more of the purposes prohibited in
46 section 42.4, subsection 5, or a plan approved by the
47 board in which consideration was given to one or more
48 prohibited factors listed in section 49.3, subsection
49 4, paragraph "d".
50 (2) If a complaint is filed with the state
Page 3
1 commissioner of elections under this paragraph "b",
2 the state commissioner shall promptly forward the
3 complaint to the ethics and campaign disclosure board
4 established in section 68B.32 for its review and
5 investigation. Following completion of its review and
6 investigation, the ethics and campaign disclosure
7 board shall report its findings to the state
8 commissioner of elections, including notification of
9 whether probable cause exists to believe the plan was
10 drawn for improper political reasons. If the ethics
11 and campaign disclosure board finds probable cause to
12 believe the plan was drawn for improper political
13 reasons, the state commissioner shall reject the plan.
14 (3) If a plan is rejected pursuant to this
15 paragraph "b", the bond posted shall be returned to
16 the eligible elector who filed the complaint. If a
17 plan is not rejected pursuant to this paragraph "b",
18 the bond shall be deposited in the general fund of the
19 state."
20 9. By renumbering as necessary.
Metcalf of Polk offered the following amendment H-8187, to
amendment H-8177, filed by her from the floor and moved its
adoption:
H-8187
1 Amend the amendment, H-8177, to House File 2486 as
2 follows:
3 1. Page 2, line 27, by striking the figure
4 "321.209", and inserting the following: "331.209".
5 2. Page 2, line 39, by inserting after the word
6 "reasons." the following: "The state commissioner
7 shall establish by rule the procedure for the filing
8 and processing of complaints under this paragraph."
9 3. Page 3, line 9, by striking the words
10 "probable cause exists to believe", and inserting the
11 following: "the board found, by the preponderance of
12 the evidence, that".
13 4. Page 3, lines 11 and 12, by striking the words
14 "probable cause to believe", and inserting the
15 following: ", by a preponderance of the evidence,
16 that".
Amendment H-8187 was adopted.
On motion by Metcalf of Polk, amendment H-8177, as amended,
was adopted.
Huser of Polk offered the following amendment H-8173 filed by her
and moved its adoption:
H-8173
1 Amend House File 2486 as follows:
2 1. Page 9, by inserting after line 17 the
3 following:
4 "Sec. . Section 331.210A, subsection 2, Code
5 2001, is amended by adding the following new
6 paragraph:
7 NEW PARAGRAPH. f. Notwithstanding the provisions
8 of this section to the contrary, for a county with a
9 population of ninety-five thousand or more that is
10 required to draw a plan "three" supervisor
11 representation plan, the legislative service bureau,
12 and not the temporary county redistricting commission,
13 shall draw a first plan as required by paragraph "a".
14 The plan drawn by the legislative service bureau shall
15 be based upon the precinct plan adopted for use by the
16 county and shall be drawn in accordance with section
17 42.4. The plan drawn by the legislative service
18 bureau shall be submitted to the temporary county
19 redistricting commission which shall perform the
20 duties required by paragraphs "b" and "c" concerning
21 the plan. After the requirements of paragraphs "b"
22 and "c" have been met, the plan drawn by the
23 legislative service bureau shall be submitted to the
24 board or supervisors for its approval or rejection.
25 If the plan drawn by the legislative service bureau is
26 rejected by the board of supervisors, the board of
27 supervisors shall direct the temporary county
28 redistricting commission to prepare a second plan as
29 provided by paragraph "d"."
30 2. Title page, line 2, by inserting after the
31 word "redistricting," the following: "the
32 redistricting of county supervisor districts for
33 certain counties,".
34 3. By renumbering as necessary.
Amendment H-8173 was adopted.
Metcalf of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (H.F. 2486)
The ayes were, 96:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | 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 | Murphy | O'Brien |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Reeder | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Sievers |
|
Smith | Stevens | Taylor, D. | Taylor, T. |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, none.
Absent or not voting, 4:
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
House File 2554, a bill for an act relating to the use of moneys
appropriated to the department of natural resources for purposes of
tire-related initiatives, disposal fees charged by retail tire dealers,
and the registration of waste tire haulers and providing an effective
date, was taken up for consideration.
Gipp of Winneshiek offered the following amendment H-8125 filed
by him and moved its adoption:
H-8125
1 Amend House File 2554 as follows:
2 1. Page 2, line 7, by inserting after the words
3 "of the" the following: "department of natural
4 resources or the".
Amendment H-8125 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?" (H.F. 2554)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | 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 |
|
Millage | Murphy | O'Brien | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Reeder | Rekow | Reynolds | Richardson |
|
Roberts | Scherrman | Seng | Shey |
|
Shoultz | Sievers | Smith | Stevens |
|
Taylor, D. | Taylor, T. | 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:
|
Metcalf | Myers | Rayhons | Schrader |
|
Sukup | 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
Files 2486 and 2554.
COMMUNICATION RECEIVED
The following communication was received and filed in the office of
the Chief Clerk:
IOWA UTILITIES BOARD
A report comparing direct and remainder assessments to parties made under the
previous statute, pursuant to Chapter 9.2, 2001 Acts of Seventy-ninth General
Assembly.
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\536 Russell and Jeannette Wetzler, Osceola - For celebrating their 65th
wedding anniversary.
2002\537 Dan Klenske, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2002\538 Madeline McTasney, Odebolt - For celebrating her 80th birthday.
2002\539 Dolly Watson, Schaller - For celebrating her 90th birthday.
2002\540 Bernice Nafe, Pierson - For celebrating her 80th birthday.
2002\541 Frieda Schade, Sac City - For celebrating her 90th birthday.
2002\542 Roger and Marlene Glasnapp, Lytton - For celebrating their 50th
wedding anniversary.
2002\543 John Barker, Lake View - For celebrating his 80th birthday.
2002\544 Lenore Henrich, Lake View - For celebrating her 91st birthday.
2002\545 Kenneth Long, Lake View - For celebrating his 81st birthday.
2002\546 Margaret Hendrickson, Early - For celebrating her 84th birthday.
2002\547 Travis Ferris - For his dedicated service to the Legislative
Information Office.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2086
Commerce and Regulation: Jenkins, Chair; Metcalf and Wise
Senate File 2133
Commerce and Regulation: Hansen, Chair; Chiodo and Van Fossen.
Senate File 2160
Economic Development: Johnson, Chair; Atteberry and Manternach.
Senate File 2167
Commerce and Regulation: Raecker, Chair; Petersen and Shey.
Senate File 2179
Human Resources: Smith, Chair; Boddicker and Reynolds.
Senate File 2192
Transportation: Brauns, Chair; Arnold, Eddie, Huser and May.
Senate File 2195
Human Resources: Tymeson, Chair; Boal and Smith.
Senate File 2201
Judiciary: Eichhorn, Chair; Chiodo and Wilderdyke.
Senate File 2232
Human Resources: Brunkhorst, Chair; Broers and Murphy.
Senate File 2273
State Government: Jacobs, Chair; Brauns and Tremmel.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 709 Ways and Means
Providing modifications relating to the qualified state tuition
program to maintain consistency with federal law changes, and
providing effective and applicability dates.
AMENDMENTS FILED
H-8185 H.F. 2456 Richardson of Warren
H-8186 H.F. 2455 Alons of Sioux
H-8188 H.F. 268 Warnstadt of Woodbury
H-8189 H.F. 2416 Kreiman of Davis
H-8190 H.F. 2416 Kreiman of Davis
H-8191 H.F. 2539 Kreiman of Davis
Kettering of Sac
H-8192 H.F. 2453 Roberts of Carroll
H-8193 H.F. 2418 Bradley of Clinton
H-8194 S.F. 2048 Richardson of Warren
H-8195 H.F. 2567 Reynolds of Van Buren
Carroll of Poweshiek
Fallon of Polk
H-8196 H.F. 2090 Richardson of Warren
H-8197 H.F. 2515 Richardson of Warren
Reynolds of Van Buren Mertz of Kossuth
Kreiman of Davis Hoffman of Crawford
Kettering of Sac Johnson of Osceola
On motion by Rants of Woodbury the House adjourned at 6:58
p.m., until 8:45 a.m., Wednesday, March 6, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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