House Journal: Thursday, March 7, 2002
JOURNAL OF THE HOUSE
Fifty-third Calendar Day - Thirty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 7, 2002
The House met pursuant to adjournment at 8:49 a.m., Gipp of
Winneshiek in the chair.
Prayer was offered by Reverend Damon Hall, pastor of Grace
Baptist Church, Waverly. He was the guest of Representatives Bob
Brunkhorst of Bremer County and Bill Dix of Butler County.
The Journal of Wednesday, March 6, 2002 was approved.
INTRODUCTION OF BILL
House File 2584, by committee on ways and means, a bill for an
act relating to assessment of certain vineyards for purposes of
property taxation and providing a retroactive applicability date.
Read first time and placed on the ways and means calendar.
SENATE MESSAGES CONSIDERED
Senate File 2101, by committee on judiciary, a bill for an act
relating to contempt of court and monetary penalties for contempt.
Read first time and referred to committee on judiciary.
Senate File 2107, by committee on commerce, a bill for an act
relating to obtaining records and copies of records from banks, credit
unions, savings and loan associations, regulated loan companies,
industrial loan companies, and persons who supply consumer credit,
operating in Iowa.
Read first time and referred to committee on commerce and
regulation
Senate File 2197, by committee on judiciary, a bill for an act
prohibiting a registered sex offender from residing near a school or
child care facility, and providing a penalty.
Read first time and referred to committee on judiciary.
Senate File 2228, by committee on education, a bill for an act
relating to utilization of school district moneys for physical plant and
equipment levy purposes.
Read first time and referred to committee on education.
Senate File 2279, by committee on commerce, a bill for an act
relating to the regulated commercial activities of insurance and
security sales, including rate adjustments for small group coverage,
provisions pertaining to state and county mutual insurance
associations, termination dates and licensed health care providers for
emergency medical malpractice insurance, suspension of an insurer's
certificate of authority for delinquency, exceptions to the right of a
notice of intent not to renew, coverage requirements in a medical
expense policy, tort immunity related to viatical settlement contracts,
confidentiality of certain personal information in securities and
insurance filings, postponement or suspension of registration under
the blue sky law, reporting related to professional liability insurance,
annual percentage rate used in calculations of the minimum
nonforfeiture amount relating to individual deferred annuities, and
providing for a future repeal.
Read first time and referred to committee on commerce and
regulation.
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 7, 2002, passed the following bill in which the concurrence of the House is
asked:
Senate File 2144, a bill for an act providing for a .08 blood alcohol concentration
limit for motor vehicle operating while intoxicated offenses.
Also: That the Senate has on March 6, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2309, a bill for an act providing for regulation of processors, providing
for penalties, and providing an effective date and for retroactive applicability.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Ford of Polk, until his arrival, on request of Huser of Polk; Rants of Woodbury,
Speaker Siegrist and Weidman of Cass on request of Gipp of Winneshiek.
SPECIAL PRESENTATION
Smith of Marshall introduced to the House Commandant Jack
Dack of the Iowa Veterans Home, accompanied by several Marshall
County residents.
The House rose and expressed its appreciation.
ADOPTION OF HOUSE RESOLUTION 105
Smith of Marshall called up for consideration House Resolution
105, a resolution honoring Commandant Jack Dack of the Iowa
Veterans Home upon his retirement, and moved its adoption.
The motion prevailed and the resolution was adopted.
CONSIDERATION OF BILLS
Regular Calendar
House File 2558, a bill for an act relating to the continuance of
stays or other temporary remedies during the pendency of appeals of
final judgments of judicial review proceedings, was taken up for
consideration.
Kreiman of Davis 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. 2558)
The ayes were, 93:
|
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 | Frevert | Garman | Greimann |
|
Grundberg | Hahn | Hansen | Hatch |
|
Heaton | Hoffman | Horbach | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Johnson | Jones | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | O'Brien | Osterhaus | Petersen |
|
Quirk | Raecker | Rayhons | Reeder |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Sievers | Stevens | Sukup |
|
Taylor, D. | Taylor, T. | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Wilderdyke | Winckler | Wise | Witt |
|
Gipp, |
|
Presiding |
|
|
The nays were, none.
Absent or not voting, 7:
|
Ford | Jochum | Rants | Siegrist, Spkr. |
|
Smith | Teig | Weidman |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
House File 2497, a bill for an act relating to charges imposed on
unclaimed gift certificates, was taken up for consideration.
Raecker 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. 2497)
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 | Frevert | Garman | Greimann |
|
Grundberg | Hahn | Hansen | Hatch |
|
Heaton | Hoffman | Horbach | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Johnson | Jones | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | O'Brien | Osterhaus | Petersen |
|
Quirk | Raecker | Rayhons | Reeder |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Sievers | Smith | Stevens |
|
Sukup | Taylor, D. | Taylor, T. | Tremmel |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Wilderdyke | Winckler | Wise |
|
Witt | Gipp, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 6:
|
Ford | Jochum | Rants | Siegrist, Spkr. |
|
Teig | Weidman |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
House File 2409, a bill for an act relating to election misconduct
and providing criminal penalties, with report of committee
recommending passage, was taken up for consideration.
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. 2409)
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 | Frevert | Garman | Greimann |
|
Grundberg | Hahn | Hansen | Hatch |
|
Heaton | Hoffman | Horbach | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Johnson | Jones | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | O'Brien | Osterhaus | Petersen |
|
Quirk | Raecker | Rayhons | Reeder |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Sievers | Smith | Stevens |
|
Sukup | Taylor, D. | Taylor, T. | Tremmel |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Wilderdyke | Winckler | Wise |
|
Witt | Gipp, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 6:
|
Ford | Jochum | Rants | Siegrist, Spkr. |
|
Teig | Weidman |
|
|
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:
De Boef of Mahaska on request of Gipp of Winneshiek.
House File 2571, a bill for an act relating to the establishment of
an Iowa cultural trust, an Iowa cultural trust fund, and an Iowa
cultural trust grant account, providing for the issuance of trust fund
credits, and providing for related matters, was taken up for
consideration.
Wise of Lee offered the following amendment H-8162 filed by him
and moved its adoption:
H-8162
1 Amend House File 2571 as follows:
2 1. Page 3, line 29, by inserting after the word
3 "corporation." the following: "Any assets received by
4 the trust fund from federal or private sources shall
5 at all times be preserved, invested, and expended
6 solely for the purposes of the trust fund and shall be
7 held in trust as provided for in this section. No
8 property rights in the assets received by the trust
9 fund from federal or private sources shall exist in
10 favor of the state."
Amendment H-8162 was adopted, placing out of order amendment
H-8163 filed by Grundberg of Polk on March 4, 2002.
Grundberg 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. 2571)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | 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 |
|
Johnson | Jones | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | O'Brien | Osterhaus | Petersen |
|
Quirk | Raecker | Rayhons | Reeder |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Sievers | Smith | Stevens |
|
Sukup | Taylor, D. | Taylor, T. | Tremmel |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Wilderdyke | Winckler | Wise |
|
Witt | Gipp, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 6:
|
De Boef | Jochum | Rants | Siegrist, Spkr. |
|
Teig | Weidman |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE MESSAGES CONSIDERED
Senate File 2144, by committee on judiciary, a bill for an act
providing for a .08 blood alcohol concentration limit for motor vehicle
operating while intoxicated offenses.
Read first time and referred to committee on judiciary.
Senate File 2309, by Iverson and Gronstal, a bill for an act
providing for regulation of processors, providing for penalties, and
providing an effective date and for retroactive applicability.
Read first time and referred to committee on agriculture.
IMMEDIATE MESSAGES
Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
2409, 2497, 2558 and 2571.
REPORT OF THE CHIEF CLERK OF THE HOUSE
MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following correction was made:
House File 2395
1. Page 13, line 17 - By changing the word "year" to "years".
MARGARET A. THOMSON
Chief Clerk of the House
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 6,
2002. Had I been present, I would have voted "nay" on House File
2217.
BAUDLER of Adair
I was necessarily absent from the House chamber on March 6,
2002. Had I been present, I would have voted "aye" on House Files
2390, 2417, 2454, 2467 and 2531.
HEATON of Henry
I was necessarily absent from the House chamber on March 6,
2002. Had I been present, I would have voted "aye" on House Files
2399, 2453, 2467, 2475, Senate Files 2141, 2145, 2207 and "nay" on
House File 2217.
O'BRIEN of Boone
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\586 August and Bertha Koster, Onawa - For celebrating their 55th
wedding anniversary.
2002\587 Ervin and Marie Kuhlmann, Charter Oak - For celebrating their
55th wedding anniversary.
2002\588 Pinkie Galbreath, Onawa - For celebrating her 104th birthday.
2002\589 Joe Uker, Osage - For winning the 145 lb. weight class in the Class
2-A Division of the 2002 State Wrestling Tournament.
2002\590 Reed Kuper, Osage - For winning the 160 lb. weight class in the
Class 2-A Division of the 2002 State Wrestling Tournament.
2002\591 Osage Wrestling Team and Coach Brent Jennings, Osage - For
winning the Class 2-A, 2002 State High School Wrestling
Championship.
2002\592 Julia Lande, Spirit Lake - For celebrating her 90th birthday.
2002\593 George and Violet Weber, Estherville - For celebrating their 60th
wedding anniversary.
2002\594 Clarence and Dorothy Henderson, Estherville - For celebrating
their 65th wedding anniversary.
2002\595 Roland and Dorothy Chamberlain, Spencer - For celebrating their
65th wedding anniversary.
2002\596 Stephanie Robinson, Clio - For winning the Herbert Hoover
Uncommon Student Award for revitalizing a park in her hometown
of Clio, Iowa.
2002\597 Chester and Mary Miller, Onawa - For celebrating their 50th
wedding anniversary.
2002\598 Robert Darner, Marshalltown - For celebrating his 80th birthday.
2002\599 Edward Halverson, Marshalltown - For celebrating his 80th
birthday.
2002\600 Charlotte Hunt, Marshalltown - For celebrating her 80th birthday.
2002\601 Keith Lunsford, Marshalltown - For celebrating his 80th birthday.
2002\602 Jay Gould, Marshalltown - For celebrating his 81st birthday.
2002\603 Albert Macauley, Marshalltown - For celebrating his 82nd birthday.
2002\604 Floyd Herzog, Marshalltown - For celebrating his 82nd birthday.
2002\605 Helen Jones, Marshalltown - For celebrating her 82nd birthday.
2002\606 Jack Beehler, Marshalltown - For celebrating his 83rd birthday.
2002\607 Helen Fiscus, Marshalltown - For celebrating her 83rd birthday.
2002\608 Irene Grimes, Marshalltown - for celebrating her 85th birthday.
2002\609 Evelyn Klinefelter, Marshalltown - For celebrating her 85th
birthday.
2002\610 Irene Bunting, Marshalltown - For celebrating her 86th birthday.
2002\611 Anthony Giarratano, Marshalltown - For celebrating his 87th
birthday.
2002\612 Alice Hitchings, Marshallton - For celebrating her 94th birthday.
2002\613 Martha Judge, Marshalltown - For celebrating her 96th birthday.
2002\614 Ruth Bailey, Marshalltown - For celebrating her 99th birthday.
2002\615 Melvin Peterson, Marshalltown - For celebrating his 94th birthday.
2002\616 Sarah Morain, Marshalltown - For celebrating her 93rd birthday.
2002\617 Zelda Dankbar, Marshalltown - For celebrating her 92nd birthday.
2002\618 Gail Everist, Marshalltown - For celebrating her 91st birthday.
2002\619 Lester Biggs, Marshalltown - For celebrating his 90th birthday.
2002\620 Mildred Fraker, Marshalltown - For celebrating her 90th birthday.
2002\621 Neoma Pettingill, Marshalltown - For celebrating her 89th birthday.
2002\622 Christine Hill, Marshalltown - For celebrating her 88th birthday.
2002\623 Harold Ralf, Marshalltown - For celebrating his 87th birthday.
2002\624 James Cagwin, Marshalltown - For celebrating his 88th birthday.
2002\625 Fern Johnson, Marshalltown - For celebrating his 87th birthday.
2002\626 Jeanette Allison, Marshalltown - For celebrating her 86th birthday.
2002\627 Donald Shrader, Marshalltown - For celebrating his 85th birthday.
2002\628 Ruth Kelley, Marshalltown - For celebrating her 85th birthday.
2002\629 Olga Menter, Marshalltown - For celebrating her 83rd birthday.
2002\630 Iver Gooding, Marshalltown - For celebrating his 84th birthday.
2002\631 Doris Cullor, Marshalltown - For celebrating her 81st birthday.
2002\632 William Huber, Marshalltown - For celebrating his 80th birthday.
2002\633 Rose Zednichek, Marshalltown - For celebrating her 85th birthday.
2002\634 Pearl Larson Blair, Marshalltown - For celebrating her 80th
birthday.
2002\635 Bernice Ceaser, Marshalltown - For celebrating her 85th birthday.
2002\636 Wayne and Norma Richard, Estherville - For celebrating their 50th
wedding anniversary.
2002\637 Virgil and Helen Bonner, Estherville - For celebrating their 50th
wedding anniversary.
2002\638 Pearl Fry, Estherville - For celebrating her 80th birthday.
2002\639 South Tama High School Wrestlers, Tama - For being the Class 2-
A Team Dual State Champions.
SUBCOMMITTEE ASSIGNMENTS
House File 2480
Ways and Means: Sievers, Chair; Hahn and Richardson.
House File 2583
Appropriations: Millage, Chair; Brunkhorst and Warnstadt.
Senate File 2107
Commerce and Regulation: Kettering, Chair; Johnson and Osterhaus.
Senate File 2118
Human Resources: Boddicker, Chair; Carroll, Hoversten, Kreiman and Smith.
Senate File 2169
Natural Resources: Baudler, Chair; Huseman and O'Brien.
Senate File 2272
Judiciary: Broers, Chair; Mertz and Wilderdyke.
Senate File 2279
Commerce and Regulation: Hoffman, Chair; Schrader and Van Fossen.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 707
Ways and Means: Sievers, Chair; Finch, Hoversten, Osterhaus and Winckler.
House Study Bill 708
Ways and Means: Eichhorn, Chair; Richardson and Tymeson.
House Study Bill 709
Ways and Means: Eichhorn, Chair; Frevert and Larson.
House Study Bill 710
Ways and Means: Boal, Chair; Fallon and Tymeson.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations has been received and
is on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON COMMERCE AND REGULATION
Senate File 429, a bill for an act relating to price regulation for local exchange
carriers, by changing certain definitions related to price regulation, permitting certain
rate increases, requiring certain network infrastructure investments, and making
related changes.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8210 March 7, 2002.
Senate File 2167, a bill for an act establishing a health insurance administration
fund relating to the payment of the administrative costs of state health insurance plans
and providing for its prospective repeal.
Fiscal Note is not required.
Recommended Do Pass March 7, 2002.
COMMITTEE ON EDUCATION
Senate File 348, a bill for an act relating to the establishment of Iowa charter
schools and providing for a conditional effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8206 March 6, 2002.
COMMITTEE ON HUMAN RESOURCES
Senate File 2179, a bill for an act relating to female genital mutilation, and
providing a penalty.
Fiscal Note is not required.
Recommended Do Pass March 7, 2002.
Senate File 2195, a bill for an act relating to the uniform anatomical gift Act
including the document of gift, the release of identifying information, donors other than
the subject of the donation, and immunity provisions.
Fiscal Note is not required.
Recommended Do Pass March 7, 2002.
Senate File 2231, a bill for an act providing for hospital access to abuse registries
for purposes of employment checks.
Fiscal Note is not required.
Recommended Do Pass March 7, 2002.
RESOLUTIONS FILED
HCR 119, by Wilderdyke, a concurrent resolution requesting the
Supreme Court to direct the Iowa Court Improvement Project to
review and develop options to improve performance of guardian ad
litem duties.
Laid over under Rule 25.
HCR 120, by Warnstadt, a concurrent resolution requesting the
legislative council to create an interim committee to review licensure,
certification, accreditation, and claim processes relating to health
care personnel, health facilities, and health care services.
Laid over under Rule 25.
AMENDMENTS FILED
H-8206 S.F. 348 Committee on Education
H-8207 H.F. 2393 Chiodo of Polk
H-8208 H.F. 2540 Elgin of Linn
H-8209 H.F. 2582 Murphy of Dubuque
H-8210 S.F. 429 Committee on Commerce
and Regulation
H-8211 H.F. 2515 Cohoon of Des Moines
H-8212 H.F. 2459 Alons of Sioux
Klemme of Plymouth
H-8213 H.F. 2515 Cohoon of Des Moines
On motion by Jacobs of Polk the House adjourned at 9:46 a.m.,
until 9:00 a.m., Friday, March 8, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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