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House Journal: Tuesday, March 12, 2002

JOURNAL OF THE HOUSE

Fifty-eighth Calendar Day - Thirty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 12, 2002

The House met pursuant to adjournment at 8:49 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Peter E. Mueller, pastor of the
Harvest Community Church, Ankeny. He was the guest of Represen-
tative Carmine Boal of Polk County.

The Journal of Monday, March 11, 2002 was approved.

INTRODUCTION OF BILL

House File 2586, by committee on ways and means, a bill for an
act allowing a tax credit for equity investments in venture capital
funds and including an effective and retroactive applicability date
provision.

Read first time and placed on the ways and means calendar.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 11, 2002, passed the following bill in which the concurrence of the Senate was
asked:

House File 2338, a bill for an act relating to a person registering as a sex offender in
a county where an institution of higher education is located, and providing penalties.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2475, a bill for an act providing for the establishment and perfection of a
security interest in certain education loans.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:


Senate File 2152, a bill for an act expanding the operation recognition program,
which awards honorary high school diplomas to World War II veterans, to include
veterans of World War I and the Korean and Vietnam conflicts.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2178, a bill for an act allowing persons under eighteen years of age to
work in certain occupations involving the use of chemicals.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2205, a bill for an act relating to regulation of child care and child
development homes and child care centers and providing effective date and
applicability provisions.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2212, a bill for an act relating to secured transactions, by providing for
landlord liens.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2267, a bill for an act relating to reorganizing judicial districts and
judicial election districts.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2268, a bill for an act relating to animals other than livestock, including
the taking of such animals, providing for their disposition, and providing for the
reimbursement of dispositional expenses.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2282, a bill for an act relating to a study of the efficiency and
effectiveness of economic-development-related, workforce-development-related, and
business-inspection-related programs administered by the state.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2299, a bill for an act relating to the review by the ethics and campaign
disclosure board of county supervisor redistricting plans.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:


Senate File 2301, a bill for an act relating to representation of indigent persons and
the duties of the state public defender.

Also: That the Senate has on March 11, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2305, a bill for an act relating to the administration of the tax and
related laws by the department of revenue and finance, including administration of
state individual income, corporate income, sales and use, property, motor fuel, and
special fuel.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGE CONSIDERED

Senate File 2212, by committee on commerce, a bill for an act
relating to secured transactions, by providing for landlord liens.

Read first time and passed on file.
LEAVE OF ABSENCE

Leave of absence was granted as follows:

Chiodo of Polk and Ford of Polk on request of Kreiman of Davis; Tyrrell of Iowa on
request of Rants of Woodbury.

CONSIDERATION OF BILLS
Regular Calendar

House File 2488, a bill for an act relating to the department of
elder affairs including provisions relating to the elder Iowans Act,
was taken up for consideration.

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

On the question "Shall the bill pass?" (H.F. 2488)

The ayes were, 90:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Cohoon Connors Cormack
De Boef Dolecheck Dotzler Drake
Eddie Eichhorn Fallon Finch
Foege Frevert Garman Gipp
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Hoversten Huseman Huser Jenkins
Jochum Jones Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Reeder Rekow Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 10:
Carroll Chiodo Dix Elgin
Ford Jacobs Johnson Reynolds
Teig Tyrrell

 


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

House File 2461, a bill for an act relating to secured transactions,
by providing for landlord liens, was taken up for consideration.

SENATE FILE 2212 SUBSTITUTED FOR HOUSE FILE 2461

Sievers of Scott asked and received unanimous consent to
substitute Senate File 2212 for House File 2461.

Senate File 2212, a bill for an act relating to secured
transactions, by providing for landlord liens, was taken up for
consideration.

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

On the question "Shall the bill pass?" (S.F. 2212)

The ayes were, 91:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Cohoon Connors Cormack
De Boef Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Fallon
Finch Foege Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Hoversten Huseman Huser
Jenkins Jochum Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Reeder Rekow Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Tymeson Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Winckler
Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 9:
Carroll Chiodo Dix Ford
Jacobs Johnson Reynolds Teig
Tyrrell

 


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 2152, by committee on education, a bill for an act
expanding the operation recognition program, which awards honorary
high school diplomas to World War II veterans, to include veterans of
World War I and the Korean and Vietnam conflicts.

Read first time and referred to committee on education.

Senate File 2178, by committee on business and labor relations, a
bill for an act allowing persons under eighteen years of age to work in
certain occupations involving the use of chemicals.

Read first time and referred to committee on labor and
industrial relations.

Senate File 2205, by committee on human resources, a bill for an
act relating to regulation of child care and child development homes
and child care centers and providing effective date and applicability
provisions.

Read first time and referred to committee on human resources.

Senate File 2267, by committee on judiciary, a bill for an act
relating to reorganizing judicial districts and judicial election
districts.

Read first time and referred to committee on judiciary.

Senate File 2268, by committee on judiciary, a bill for an act
relating to animals other than livestock, including the taking of such
animals, providing for their disposition, and providing for the
reimbursement of dispositional expenses.

Read first time and referred to committee on judiciary.

Senate File 2282, by committee on small business, economic
development and tourism, a bill for an act relating to a study of the
efficiency and effectiveness of economic-development-related,
workforce-development-related, and business-inspection-related pro-
grams administered by the state.

Read first time and referred to committee on economic
development.

Senate File 2299, by committee on state government, a bill for an
act relating to the review by the ethics and campaign disclosure board
of county supervisor redistricting plans.

Read first time and referred to committee on state government.

Senate File 2301, by committee on judiciary, a bill for an act
relating to representation of indigent persons and the duties of the
state public defender.

Read first time and referred to committee on judiciary.

Senate File 2305, by committee on ways and means, a bill for an
act relating to the administration of the tax and related laws by the
department of revenue and finance, including administration of state
individual income, corporate income, sales and use, property, motor
fuel, and special fuel.

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

HOUSE FILE 2461 WITHDRAWN

Sievers of Scott asked and received unanimous consent to
withdraw House File 2461 from further consideration by the House.

House File 2559, a bill for an act relating to child protection
confidentiality requirements involving the department of human
services, was taken up for consideration.

Horbach of Tama in the chair at 9:10 a.m.

Hansen of Pottawattamie in the chair at 9:15 a.m.

Boddicker of Cedar 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. 2559)

The ayes were, 72:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Connors Cormack
De Boef Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Fallon
Finch Garman Gipp Grundberg
Hahn Heaton Hoffman Horbach
Hoversten Huseman Jacobs Jenkins
Jones Kettering Klemme Kreiman
Larson Manternach May Mertz
Metcalf Millage Murphy O'Brien
Osterhaus Quirk Raecker Rants
Rayhons Reeder Rekow Richardson
Roberts Seng Shey Siegrist, Spkr.
Sievers Stevens Sukup Tremmel
Tymeson Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Witt Hansen,
Presiding

 


The nays were, 21:
Cohoon Foege Frevert Greimann
Hatch Huser Jochum Kuhn
Larkin Lensing Mascher Myers
Petersen Scherrman Schrader Shoultz
Smith Taylor, D. Taylor, T. Winckler
Wise

 


Absent or not voting, 7:
Brauns Dix Ford Johnson
Reynolds Teig Tyrrell

 


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 2488, 2559 and Senate File 2212.

On motion by Rants of Woodbury, the House was recessed at 9:30
a.m., until 4:00 p.m.

AFTERNOON SESSION

The House reconvened at 4:02 p.m., Speaker Siegrist in the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Sukup of Franklin on request of Rants of Woodbury.


QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-nine members present, thirty-
one absent.

The House stood at ease at 4:10 p.m., until the fall of the gavel.

The House resumed session at 5:40 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-seven members present, thirty-
three absent.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Brauns of Muscatine and Hoffman of Crawford on request of Gipp of Winneshiek;
Schrader of Marion on request of T. Taylor of Linn.

CONSIDERATION OF BILLS
Regular Calendar

House File 2506, 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, was taken up for
consideration.

Tremmel of Wapello 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. 2506)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons 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 Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Brauns Hoffman Schrader Sukup
Teig Witt

 


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

House File 2430, a bill for an act providing for the mental health
and developmental disabilities commission to assume the duties of
the state-county management committee and provides new
rulemaking authority associated with those duties, with report of
committee recommending passage, was taken up for consideration.

Carroll of Poweshiek offered the following amendment H-8238
filed by him and moved its adoption:

H-8238

1 Amend House File 2430 as follows:
2 1. By striking page 1, line 1 through page 2,
3 line 25 and inserting the following:
4 "Section 1. Section 225C.5, subsection 1, Code
5 2001, is amended to read as follows:

6 1. A mental health and developmental disabilities
7 commission is created as the state policy-making body
8 for the provision of services to persons with mental
9 illness, mental retardation or other developmental
10 disabilities, or brain injury. The commission shall
11 consist of fifteen sixteen voting members appointed to
12 three-year staggered terms by the governor and subject
13 to confirmation by the senate. Commission members
14 shall be appointed on the basis of interest and
15 experience in the fields of mental health, mental
16 retardation or other developmental disabilities, and
17 brain injury, in a manner so that, if possible, the
18 composition of the commission will comply with the
19 requirements of the Community Mental Health Centers
20 Amendments of 1975, 42 U.S.C. 2689t(a) (1976)
21 relative to a state mental health advisory council,
22 and so as to ensure adequate representation from
23 persons with disabilities and individuals
24 knowledgeable concerning disability services. The
25 department shall provide staff support to the
26 commission, and the commission may utilize staff
27 support and other assistance provided to the
28 commission by other persons. Members of the
29 commission shall include the following persons who, at
30 the time of appointment to the commission, are active
31 members of the indicated groups:
32 a. Four Three members shall be members of a county
33 board of supervisors selected from nominees submitted
34 by the county supervisor affiliate of the Iowa state
35 association of counties.
36 b. Two members shall be members of a mental health
37 and developmental disabilities regional planning
38 council selected from nominees submitted by the
39 director.
40 c. One member shall be either an active board
41 member of a community mental health center or of a
42 statewide association of persons with mental illness
43 or of family members of persons with mental illness.
44 d. One member shall be either an active board
45 member of an agency serving persons with mental
46 retardation or of a statewide association for persons
47 with mental retardation a developmental disability
48 selected from nominees submitted by the association of
49 community providers.
50 e. One member shall be an active member of a

Page 2

1 statewide organization for persons with a board member
2 or employee of a provider of mental health or
3 developmental disabilities other than mental
4 retardation services to children.

5 f. One member shall be an active member of a
6 statewide organization for persons with brain injury.
7 f. Two members shall be administrators of the
8 single entry point process established in accordance
9 with section 331.440 selected from nominees submitted
10 by the community services affiliate of the Iowa state
11 association of counties.
12 g. One member shall be selected from nominees
13 submitted by the state's council of the association of
14 federal, state, county, and municipal employees.
15 h. Three members shall be service consumers or
16 family members of service consumers with at least one
17 member who is a parent of a child service consumer.
18 i. Two members shall be selected from nominees
19 submitted by service advocates.
20 j. In addition to the voting members, the
21 membership shall include four members of the general
22 assembly with one member designated by each of the
23 following: the majority leader of the senate, the
24 minority leader of the senate, the speaker of the
25 house of representatives, and the minority leader of
26 the house of representatives. A legislative member
27 serves in an ex officio, nonvoting capacity and is
28 eligible for per diem and expenses as provided in
29 section 2.10.
30 Sec. . Section 225C.6, subsection 1, Code
31 Supplement 2001, is amended by adding the following
32 new paragraph:
33 NEW PARAGRAPH. q. Perform analyses and other
34 functions associated with a redesign of the mental
35 health and developmental disability services systems
36 for adults and for children."
37 2. Page 4, by striking lines 1 through 4 and
38 inserting the following: "department's actions under
39 this subsection. The department shall consult with
40 the state-county management committee mental health
41 and developmental disabilities commission in adopting
42 rules for oversight of facilities".
43 3. Page 9, line 10, by striking the words "The
44 basis for determining whether a" and inserting the
45 following: "The basis for determining whether a A".
46 4. Page 9, by striking lines 11 through 13 and
47 inserting the following: "mental health proposed by a
48 county is comparable to a mental health managed care
49 contractor approved by the department of human
50 services shall include but is not limited to all of

Page 3

1 the".
2 5. Page 9, by striking lines 29 and 30 and
3 inserting the following: "county managed system of

4 care and the state-approved managed care contract or
5 contracts shall be specified in rules developed by".
6 6. Page 11, line 17, by striking the words "or
7 employed by a service provider".
8 7. Page 12, line 16, by inserting after the word
9 "occur." the following: "The initial term of one of
10 the members appointed during the fiscal year beginning
11 July 1, 2002, shall be two years."
12 8. By renumbering as necessary.

Amendment H-8238 was adopted, placing out of order amendment
H-8228 filed by Carroll of Poweshiek on March 11, 2002.

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

On the question "Shall the bill pass?" (H.F. 2430)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons 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 Mr. Speaker
Siegrist

 




The nays were, none.

Absent or not voting, 6:
Brauns Hoffman Schrader Sukup
Teig Witt

 


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

House File 2565, a bill for an act requiring contract disclosure
statements for certain residential real estate installment contracts,
providing for a penalty, and providing an applicability date, was
taken up for consideration.

Kettering of Sac offered the following amendment H-8235 filed by
him and moved its adoption:

H-8235

1 Amend House File 2565 as follows:
2 1. Page 5, line 9, by inserting after the word
3 "Act" the following: "by contract sellers who entered
4 into four or more residential real estate installment
5 sales contracts in the three hundred sixty-five days
6 previous to a contract entered into on or after the
7 effective date of this Act".

Amendment H-8235 was adopted.

Kettering of Sac 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. 2565)

The ayes were, 95:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons 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, 5:
Brauns Hoffman 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 2430, 2506 and 2565.

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 12, 2002, concurred in the House amendment and passed the following bill in
which the concurrence of the Senate was asked:

Senate File 437, a bill for an act relating to the registration and titling of all-terrain
vehicles and snowmobiles, and subjecting violators to a penalty.

Also: That the Senate has on March 12, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2115, a bill for an act relating to state financial assistance for schools
placed on a special accredited list of college preparatory schools.

Also: That the Senate has on March 12, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

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

Also: That the Senate has on March 12, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2259, a bill for an act amending Code provisions administered by the
department of education, including provisions related to participation in
extracurricular activities, tuition reimbursement payment by school districts under the
postsecondary enrollment options Act, interscholastic activities agreements, school
infrastructure program calculations, phase I payment calculations, and the use of
phase III balances by school districts and area education agencies.

Also: That the Senate has on March 12, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2280, a bill for an act relating to the requirements of the department of
human services for certain child welfare services providers.

MICHAEL E. MARSHALL, Secretary

House File 2518, a bill for an act relating to child foster care and
adoption requirements involving licensing periods, foster parent
training, and annual reports, was taken up for consideration.

Heaton of Henry offered the following amendment H-8233 filed by
him and Grundberg of Polk and moved its adoption:

H-8233

1 Amend House File 2518 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 237.3, subsection 2, paragraph
5 f, unnumbered paragraph 1, Code Supplement 2001, is
6 amended to read as follows:
7 Housing, health, safety, and medical care policies
8 for children receiving child foster care. The medical
9 care policies shall include but are not limited to
10 both all of the following:
11 Sec. 2. Section 237.3, subsection 2, paragraph f,
12 Code Supplement 2001, is amended by adding the
13 following new subparagraph as subparagraph (1) and
14 renumbering the existing subparagraphs:
15 NEW SUBPARAGRAPH. (1) Provision by the department
16 to the foster care provider at or before the time of a
17 child's placement of the child's health records and

18 any other information possessed or known about the
19 health of the child or about a member of the child's
20 family that pertains to the child's health."
21 2. By renumbering as necessary.

Amendment H-8233 was adopted.

Carroll of Poweshiek offered the following amendment H-8130
filed by him and moved its adoption:

H-8130

1 Amend House File 2518 as follows:
2 1. Page 1, by striking lines 29 through 31, and
3 inserting the following: "also complete six hours of
4 foster parent training. The training shall".

Amendment H-8130 was adopted.

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

On the question "Shall the bill pass?" (H.F. 2518)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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, 1:
Kreiman

 


Absent or not voting, 5:
Brauns Hoffman Schrader Sukup
Teig

 


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

House File 2507, a bill for an act creating a criminal offense for
possession or distribution of anthrax, and providing a penalty, was
taken up for consideration.

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

On the question "Shall the bill pass?" (H.F. 2507)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Horbach Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Jones Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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, 1:
Fallon

 


Absent or not voting, 5:
Brauns Hoffman Schrader Sukup
Teig

 


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

Gipp of Winneshiek in the chair at 6:29 p.m.

House File 2553, a bill for an act relating to conducting searches
of persons on probation or parole and providing information to local
law enforcement agencies and the state department of transportation,
was taken up for consideration.

Baudler of Adair offered the following amendment H-8247 filed by
him and moved its adoption:

H-8247

1 Amend House File 2553 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 901.5, Code Supplement 2001,
5 is amended by adding the following new subsection:
6 NEW SUBSECTION. 14. If the court defers judgment
7 or sentence or suspends the sentence, the court may
8 order as a condition of probation that the defendant
9 be subjected to searches under the same circumstances
10 and procedures that apply to parolees under section
11 906.4."
12 2. Page 1, lines 4 and 5, by striking the words
13 "A person may voluntarily agree to" and inserting the
14 following: "The board as".
15 3. Page 1, lines 5 and 6, by striking the words
16 "that requires the person to" and inserting the
17 following: "may require a person".
18 4. Page 1, line 9, by striking the words "officer
19 as a condition of parole or work release" and

20 inserting the following: "officer".
21 5. By renumbering as necessary.

Amendment H-8247 was adopted.

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

On the question "Shall the bill pass?" (H.F. 2553)

The ayes were, 68:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Carroll
Chiodo Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Finch
Grundberg Hahn Hansen Heaton
Horbach Hoversten Huseman Jacobs
Jenkins Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Manternach May Mertz
Metcalf Millage Murphy Quirk
Raecker Rants Rayhons Reeder
Rekow Scherrman Seng Shey
Siegrist, Spkr. Sievers Smith Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Gipp,
Presiding

 


The nays were, 23:
Bukta Cohoon Fallon Foege
Ford Frevert Garman Greimann
Hatch Huser Lensing Mascher
O'Brien Osterhaus Petersen Reynolds
Richardson Roberts Shoultz Stevens
Winckler Wise Witt

 


Absent or not voting, 9:
Brauns Hoffman Jochum Myers
Schrader Sukup Taylor, D. Taylor, T.
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 2507, 2518 and 2553.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Myers of Johnson, until his return, on request of Huser of Polk.

House File 2549, a bill for an act relating to the student
achievement and teacher quality program and providing an effective
date, was taken up for consideration.

Wise of Lee asked and received unanimous consent to withdraw
amendment H-8105 filed by him on February 27, 2002, placing out of
order amendment H-8260 filed by Winckler of Scott from the floor.

Winckler of Scott offered amendment H-8165 filed by Winckler, et
al., as follows:

H-8165

1 Amend House File 2549 as follows:
2 1. Page 1, line 14, by inserting after the word
3 "standards." the following: "The director shall
4 consult with school administrators, teachers, school
5 board members, and professional organizations
6 representing the majority of school nurses,
7 counselors, and media specialists when developing
8 evaluation, advancement, and career development models
9 for school nurses, counselors, and media specialists."
10 2. Page 2, line 24, by inserting after the word
11 "subsections" the following: "1, 2,".
12 3. Page 2, by inserting after line 25 the
13 following:
14 "1. "Beginning teacher" means an individual
15 serving under an initial provisional license, issued
16 by the board of educational examiners under chapter
17 272, who is assuming a position as a classroom
18 teacher. For purposes of the beginning teacher
19 mentoring and induction program created pursuant to
20 section 284.5, "beginning teacher" also includes
21 school nurses, media specialists, and counselors
22 employed by a school district or area education

23 agency.
24 2. "Classroom teacher" means an individual who
25 holds a valid practitioner's license and who is
26 employed under a teaching contract with a school
27 district or area education agency in this state issued
28 by a board of directors under section 279.13 to
29 provide classroom instruction to students, or as a
30 school nurse, media specialist, or a counselor."
31 4. Page 3, line 11, by inserting after the word
32 "specialist," the following: "school nurse,".
33 5. By renumbering as necessary.

Winckler of Scott offered the following amendment H-8261, to
amendment H-8165, filed by her from the floor and moved its
adoption:

H-8261

1 Amend the amendment, H-8165, to House File 2549, as
2 follows:
3 1. Page 1, line 9, by inserting after the word
4 "nurses," the following: "preschool teachers, school
5 social workers,".
6 2. Page 1, by striking line 21 and inserting the
7 following: "preschool teachers who are licensed by
8 the board of educational examiners under chapter 272
9 and are".
10 3. Page 1, by striking line 30 and inserting the
11 following: "preschool teacher."
12 4. Page 1, line 32, by inserting after the word
13 "nurse," the following: "preschool teacher, school
14 social worker,".

Amendment H-8261 was adopted.

On motion by Winckler of Scott amendment H-8165, as amended,
lost.

Mascher of Johnson offered the following amendment H-8107 filed
by her and moved its adoption:

H-8107

1 Amend House File 2549 as follows:
2 1. By striking page 1, line 23 through page 2,
3 line 14.
4 2. Page 10, by inserting after line 16 the
5 following:
6 "Sec. . LEGISLATIVE INTENT. It is the intent
7 of the general assembly that funds appropriated for

8 purposes of the national board certification pilot
9 project established pursuant to section 256.44, which
10 remain unencumbered and unobligated at the close of
11 the project, shall not revert but shall be reallocated
12 to school districts by the department of education to
13 be used for purposes of meeting the minimum career
14 teacher salary provisions of section 284.7, subsection
15 1, paragraph "b"."
16 3. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 36, nays 42.

Amendment H-8107 lost.

Mascher of Johnson offered the following amendment H-8151 filed
by her and moved its adoption:

H-8151

1 Amend House File 2549 as follows:
2 1. Page 2, by inserting after line 14 the
3 following:
4 "Sec. . Section 272.2, subsection 16, Code
5 Supplement 2001, is amended by striking the
6 subsection."
7 2. Page 10, by inserting after line 12 the
8 following:
9 "Sec. . Section 284.12, subsection 4, Code
10 Supplement 2001, is amended by striking the
11 subsection.
12 Sec. . Section 284.13, subsection 1, paragraph
13 f, Code Supplement 2001, is amended to read as
14 follows:
15 f. For each the fiscal year in the fiscal period
16 beginning July 1, 2001 2002, and ending June 30, 2003,
17 up to five hundred thousand dollars to the board of
18 educational examiners for the fees and costs incurred
19 in administering the Praxis II examination in
20 accordance with section 272.2 department of education
21 for purposes of meeting the minimum career teacher
22 salary provisions of section 284.7, subsection 1,
23 paragraph "b"."
24 3. Page 10, by inserting after line 16 the
25 following:
26 "Sec. 101. REALLOCATION OF PRAXIS II FUNDS -
27 REPORT.
28 1. Funds appropriated to the board of educational
29 examiners for the fiscal year beginning July 1, 2001,

30 and ending June 30, 2002, for purposes of
31 administering the Praxis II examination, which remain
32 unencumbered or unobligated at the end of the fiscal
33 year shall not revert but shall be transferred to the
34 department of education and reallocated by the
35 department to school districts, using the formula set
36 forth in section 284.13, subsection 1, paragraph "g",
37 for purposes of meeting the minimum career teacher
38 salary provisions of section 284.7, subsection 1,
39 paragraph "b".
40 2. The board of educational examiners shall
41 compile statistical information from the results of
42 examinations administered pursuant to section 272.2,
43 subsection 16, Code 2001. The information compiled
44 shall identify the practitioner preparation programs
45 from which the applicants graduated, but shall not
46 identify applicants individually. The statistical
47 information compiled by the board pursuant to this
48 subsection is a public record. The board shall submit
49 a review of the statistical information to the
50 chairpersons and ranking members of the senate and

Page 2

1 house committees on education and the board by
2 December 1, 2003."
3 4. Page 10, by striking lines 17 through 19 and
4 inserting the following:
5 "Sec. . EFFECTIVE DATES. The following
6 sections of this Act, being deemed of immediate
7 importance, take effect upon enactment:
8 1. The section of this Act amending 2001 Iowa
9 Acts, chapter 161, section 21.
10 2. Section 101, subsection 1, relating to the
11 reallocation of Praxis II funds."
12 5. Title page, line 2, by striking the words "an
13 effective date" and inserting the following:
14 "effective dates".
15 6. By renumbering as necessary.

Hansen of Pottawattamie in the chair at 7:33 p.m.

A non-record roll call was requested.

The ayes were 40, nays 47.

Amendment H-8151 lost.


Carroll of Poweshiek offered the following amendment H-8204
filed by him and moved its adoption:

H-8204

1 Amend House File 2549 as follows:
2 1. Page 2, by inserting after line 23 the
3 following:
4 "Sec. . Section 279.46, Code 2001, is amended
5 to read as follows:
6 279.46 RETIREMENT INCENTIVES - TAX.
7 The board of directors of a school district may
8 adopt a program for payment of a monetary bonus,
9 continuation of health or medical insurance coverage,
10 or other incentives for encouraging its employees to
11 retire before the normal retirement date as defined in
12 chapter 97B. The program is available only to
13 employees between fifty-five and sixty-five years of
14 age who notify the board of directors prior to April 1
15 of the fiscal year that they intend to retire not
16 later than the next following June 30. However, the
17 The age at which employees shall be designated
18 eligible for the program, within the age range of
19 fifty-five to sixty-five years of age, shall be at the
20 discretion of the board. An employee retiring under
21 this section shall may apply for a retirement
22 allowance under chapter 97B or chapter 294. The board
23 may include in the district management levy an amount
24 to pay the total estimated accumulated cost to the
25 school district of the health or medical insurance
26 coverage, bonus, or other incentives for employees
27 within the age range of fifty-five to sixty-five years
28 of age who retire under this section."
29 2. Title page, by striking lines 1 and 2, and
30 inserting the following: "An Act relating to students
31 and school district employees by amending the student
32 achievement and teacher quality program and language
33 pertaining to retirement incentives and providing an
34 effective date."
35 3. By renumbering as necessary.

Amendment H-8204 was adopted.

Wise of Lee offered amendment H-8234 filed by Wise, et al., as
follows:

H-8234

1 Amend House File 2549 as follows:
2 1. Page 2, line 24, by inserting after the word

3 "subsections" the following: "1 through".
4 2. Page 2, by inserting after line 25 the
5 following:
6 "1. "Beginning teacher" means an individual
7 serving under an initial provisional license, issued
8 by the board of educational examiners under chapter
9 272, who is assuming a position as a classroom
10 teacher. For purposes of the beginning teacher
11 mentoring and induction program created pursuant to
12 section 284.5, "beginning teacher" also includes
13 preschool teachers who are licensed by the board of
14 educational examiners under chapter 272 and are
15 employed by a school district or area education
16 agency.
17 2. "Classroom teacher" means an individual who
18 holds a valid practitioner's license and who is
19 employed under a teaching contract with a school
20 district or area education agency in this state issued
21 by a board of directors under section 279.13 to
22 provide classroom instruction to students, or as a
23 preschool teacher."
24 3. Page 3, line 11, by inserting after the word
25 "specialist," the following: "preschool teacher,".
26 4. By renumbering as necessary.

Winckler of Scott offered the following amendment H-8265, to
amendment H-8234, filed by her from the floor and moved its
adoption:

H-8265

1 Amend the amendment, H-8234, to House File 2549, as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 1, line 14, by inserting after the
6 word "standards." the following: "The director shall
7 consult with school administrators, teachers, school
8 board members, and professional organizations
9 representing the majority of preschool teachers and
10 school social workers when developing evaluation,
11 advancement, and career development models for
12 preschool teachers and school social workers.""
13 2. Page 1, line 13, by inserting after the word
14 "teachers" the following: "and school social
15 workers".
16 3. Page 1, line 23, by inserting after the word
17 "teacher" the following: "or school social worker".
18 4. Page 1, line 25, by inserting after the word
19 "teacher," the following: "school social worker,".
20 5. By renumbering as necessary.

Amendment H-8265 lost.

Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-8252, to amendment H-8234, filed by him
from the floor.

Carroll of Poweshiek offered the following amendment H-8258, to
amendment H-8234, filed by him from the floor and moved its
adoption:

H-8258

1 Amend the amendment, H-8234, to House File 2549, as
2 follows:
3 1. Page 1, by inserting after line 25 the
4 following:
5 " . Page 10, by inserting after line 16 the
6 following:
7 "Sec. ___. STUDENT ACHIEVEMENT AND TEACHER QUALITY
8 - INCLUSION STUDY. The department of education shall
9 conduct a study regarding the feasibility of including
10 within the student achievement and teacher quality
11 program individuals who hold a practitioner's license
12 issued under chapter 272, or a letter of authorization
13 or statement of professional recognition issued by the
14 board of educational examiners, are employed in a
15 nonadministrative position by school districts and
16 area education agencies pursuant to contracts issued
17 by boards of directors under section 279.13, and are
18 not currently included in the program. The study
19 shall address mentoring, career development,
20 evaluation, and salaries and career levels for these
21 individuals, as well as the costs of including these
22 individuals in each aspect of the program. The
23 department shall submit its findings and
24 recommendations in a report to the chairpersons and
25 ranking members of the senate and house standing
26 committees on education and the joint appropriations
27 subcommittee on education by December 15, 2003.""
28 2. By renumbering as necessary.

Amendment H-8258 was adopted.

On motion by Wise of Lee amendment H-8234, as amended, was
adopted.


Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-8239 filed by him on March 11, 2002,
placing out of order amendment H-8263 filed by Winckler of Scott
from the floor.

Carroll of Poweshiek offered amendment H-8237 filed by him as
follows:

H-8237

1 Amend House File 2549 as follows:
2 1. Page 3, by striking lines 26 through 28 and
3 inserting the following: "the provision of
4 organizational support and technical assistance to
5 teachers, other than beginning teachers, for the
6 remediation of identified teaching and classroom
7 management concerns."
8 2. By striking page 3, line 34, through page 4,
9 line 10 and inserting the following:
10 "Sec. . Section 284.3, subsection 2, Code 2001,
11 is amended by striking the subsection and inserting in
12 lieu thereof the following:
13 2. A school board shall provide for the following:
14 a. By July 1, 2002, for purposes of comprehensive
15 evaluations for beginning teachers required to allow
16 beginning teachers to progress to career teachers,
17 standards and criteria that are the Iowa teaching
18 standards specified in subsection 1 and the model
19 criteria for the Iowa teaching standards developed by
20 the department in accordance with section 256.9,
21 subsection 50. These standards and criteria shall be
22 set forth in an instrument provided by the department.
23 The comprehensive evaluation and instrument are not
24 subject to negotiations or grievance procedures
25 pursuant to chapter 20 or determinations made by the
26 board of directors under section 279.14. A local
27 school board and its certified bargaining
28 representative may negotiate, pursuant to chapter 20,
29 evaluation and grievance procedures for beginning
30 teachers that are not in conflict with this chapter.
31 b. By July 1, 2004, for purposes of performance
32 reviews for teachers other than beginning teachers,
33 evaluations that contain, at a minimum, the Iowa
34 teaching standards specified in subsection 1, as well
35 as the model criteria for the Iowa teaching standards
36 developed by the department in accordance with section
37 256.9, subsection 50. A local school board and its
38 certified bargaining representative may negotiate,
39 pursuant to chapter 20, additional teaching standards
40 and criteria. A local school board and its certified

41 bargaining representative may negotiate, pursuant to
42 chapter 20, evaluation and grievance procedures for
43 teachers other than beginning teachers that are not in
44 conflict with this chapter."
45 3. Page 6, line 25, by striking the words "an
46 educational" and inserting the following: "a
47 standard".
48 4. Page 7, line 31, by striking the word
49 "supervisor" and inserting the following: "supervisor
50 evaluator".

Page 2

1 5. Page 8, line 6, by striking the word
2 "supervisor" and inserting the following:
3 "supervisor".
4 6. Page 8, line 7, by inserting after the word
5 "modified" the following: "evaluator".
6 7. Page 8, line 9, by striking the word
7 "supervisor" and inserting the following:
8 "evaluator".
9 8. Page 8, by striking lines 27 through 29 and
10 inserting the following:
11 "1. A participating school district shall review a
12 teacher's".
13 9. Page 9, line 2, by striking the word
14 "supervisors" and inserting the following:
15 "evaluators".
16 10. Page 9, by striking lines 5 through 15 and
17 inserting the following:
18 "2. If an evaluator determines, at any time, as a
19 result of a teacher's performance that the teacher is
20 not meeting district expectations under the Iowa
21 teaching standards specified in section 284.3,
22 subsection 1, paragraphs "a" through "g", the model
23 criteria for the Iowa teaching standards developed by
24 the department in accordance with section 256.9,
25 subsection 50, or any other standards or criteria
26 established in the collective bargaining agreement,
27 the evaluator may recommend to the district that the
28 teacher participate in an intensive assistance
29 program. The intensive assistance program and its
30 implementation are not subject to negotiation or
31 grievance procedures established pursuant to chapter
32 20. By July 1, 2004, all school districts must be
33 prepared to offer an intensive assistance program."
34 11. By renumbering as necessary.

Carroll of Poweshiek offered the following amendment H-8257, to
amendment H-8237, filed by him from the floor and moved its
adoption:

H-8257

1 Amend the amendment, H-8237, to House File 2549, as
2 follows:
3 1. Page 1, line 10, by inserting after the word
4 "Code" the following: "Supplement".
5 2. Page 1, by striking line 44 and inserting the
6 following: "conflict with this chapter.
7 Sec. . Section 284.3, Code Supplement 2001, is
8 amended by adding the following new subsection:
9 NEW SUBSECTION. 3. The state board shall adopt by
10 rule pursuant to chapter 17A the model criteria
11 developed by the department in accordance with section
12 256.9, subsection 50.""
13 3. By renumbering as necessary.

Amendment H-8257 was adopted.

On motion by Carroll of Poweshiek amendment H-8237, as
amended, was adopted.

Speaker Siegrist in the chair at 8:07 p.m.

Winckler of Scott offered the following amendment H-8166 filed by
Winckler, et al., and moved its adoption:

H-8166

1 Amend House File 2549 as follows:
2 1. Page 8, by inserting after line 22 the
3 following:
4 "Sec. . Section 284.7, subsection 2, paragraph
5 a, subparagraph (1), Code Supplement 2001, is amended
6 to read as follows:
7 (1) A Except as provided in subparagraph (3), a
8 career II teacher is a teacher who meets the
9 requirements of subsection 1, paragraph "b", has met
10 the requirements established by the school district
11 that employs the teacher, and is evaluated by the
12 school district as demonstrating the competencies of a
13 career II teacher. The teacher shall have
14 successfully completed a comprehensive evaluation in
15 order to be classified as a career II teacher.
16 Sec. . Section 284.7, subsection 2, paragraph
17 a, Code Supplement 2001, is amended by adding the
18 following new subparagraph:
19 NEW SUBPARAGRAPH. (3) Notwithstanding any other
20 provision of this chapter, a teacher with fifteen or
21 more years of successful teaching experience as of

22 July 1, 2002, shall be designated a career II
23 teacher."
24 2. By renumbering as necessary.

Roll call was requested by Winckler of Scott and Huser of Polk.

On the question "Shall amendment H-8166 be adopted?" (H.F.
2549)

The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Fallon
Foege Ford Frevert Garman
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Larson
Lensing May Mertz Murphy
O'Brien Osterhaus Petersen Quirk
Reeder Reynolds Richardson Scherrman
Seng Shoultz Smith Stevens
Taylor, D. Tremmel Warnstadt Winckler
Wise Witt

 


The nays were, 50:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Broers
Brunkhorst Carroll Cormack De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Finch Gipp
Grundberg Hahn Hansen Heaton
Horbach Hoversten Huseman Jacobs
Jenkins Johnson Jones Kettering
Klemme 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, 8:
Brauns Hoffman Mascher Myers
Schrader Sukup Taylor, T. Teig

 


Amendment H-8166 lost.

Stevens of Dickinson asked and received unanimous consent to
withdraw amendment H-8110 filed by him on February 27, 2002.

Mascher of Johnson offered the following amendment H-8114 filed
by her and moved its adoption:

H-8114

1 Amend House File 2549 as follows:
2 1. Page 10, by inserting after line 16 the
3 following:
4 "Sec. . LEGISLATIVE INTENT. It is the intent
5 of the general assembly to cease funding the statewide
6 team-based variable pay pilot program created pursuant
7 to section 284.11, and to reallocate any funds
8 appropriated for the pilot program for the fiscal year
9 beginning July 1, 2001, pursuant to section 284.13,
10 subsection 1, paragraph "a", which remain unencumbered
11 and unobligated at the end of the fiscal year, to
12 school districts to be used for purposes of meeting
13 the minimum career teacher salary provisions of
14 section 284.7, subsection 1, paragraph "b"."
15 2. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 35, nays 43.

Amendment H-8114 lost.

Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-8171 filed by her on March 4, 2002.

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

On the question "Shall the bill pass?" (H.F. 2549)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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:
Brauns Hoffman Klemme Schrader
Sukup Teig

 


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

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 12, 2002, adopted the following resolution in which the concurrence of the House
is asked:

Senate Joint Resolution 2003, a joint resolution requesting the proposal of an
amendment to the Constitution of the United States restricting the ability of the
federal judiciary to mandate any state or subdivision of any state to levy or increase
taxes.

Also: That the Senate has on March 12, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2200, a bill for an act relating to an employer's liability for the payment
of workers' compensation benefits to an employee for a permanent partial disability or
a permanent total disability based in part upon a preexisting injury or recovery of
benefits.

MICHAEL E. MARSHALL, Secretary


House File 2563, a bill for an act relating to legal representation
of an indigent person in a parole proceeding, was taken up for
consideration.

Tremmel of Wapello 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. 2563)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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:
Brauns Hoffman Klemme Schrader
Sukup Teig

 


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


House File 2510, a bill for an act relating to the movement of
dairy cattle from livestock markets, and making penalties applicable,
was taken up for consideration.

Manternach of Jones 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. 2510)

The ayes were, 92:
Alons Atteberry Baudler Bell
Boal Boddicker Boggess Bradley
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 Horbach Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Jones Kettering Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Richardson Roberts
Scherrman Seng Shey Shoultz
Sievers Smith Stevens Taylor, D.
Taylor, T. Tremmel Tymeson Tyrrell
Van Fossen Warnstadt Weidman Wilderdyke
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, 2:
Arnold Van Engelenhoven

 


Absent or not voting, 6:
Brauns Hoffman Klemme 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 2510, 2549 and 2563.

House File 2514, a bill for an act relating to the indemnification
of owners of animals with a contagious disease under a plan of
eradication, was taken up for consideration.

Manternach of Jones 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. 2514)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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:
Brauns Hoffman Klemme Schrader
Sukup Teig

 


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

House File 2418, a bill for an act relating to the applicability of
the thermal efficiency energy conservation standards in the state
building code, was taken up for consideration.

Bradley of Clinton asked and received unanimous consent to
withdraw amendment H-8160 filed by him on March 4, 2002.

Bradley of Clinton offered the following amendment H-8193 filed
by him and moved its adoption:

H-8193

1 Amend House File 2418 as follows:
2 1. Page 1, by striking lines 21 through 23 and
3 inserting the following: "and consistent with model
4 energy codes and standards developed by a nationally
5 recognized organization in effect on or after the
6 effective date of this Act. A governmental
7 subdivision that adopts or enacts a minimum energy
8 standard which is substantially in accordance and
9 consistent with model energy codes and standards
10 developed by a nationally recognized organization
11 shall adopt or enact any update or revision to the
12 model energy codes and standards."
13 2. Page 1, by striking lines 29 through 31 and
14 inserting the following: "and consistent with model
15 energy codes and standards developed by a nationally
16 recognized organization in effect on or after the
17 effective date of this Act. A governmental
18 subdivision that adopts or enacts a minimum energy
19 standard which is substantially in accordance and
20 consistent with model energy codes and standards
21 developed by a nationally recognized organization
22 shall adopt or enact any update or revision to the
23 model energy codes and standards."

Amendment H-8193 was adopted.


Bradley of Clinton 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. 2418)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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:
Brauns Hoffman Klemme Schrader
Sukup Teig

 


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

House File 2447, a bill for an act relating to the operation and
regulation of personal watercraft or motorboats, and to watercraft
safety courses and certificates, and subjecting violators to a penalty,
was taken up for consideration.

Baudler of Adair offered the following amendment H-8089 filed by
him and moved its adoption:

H-8089

1 Amend House File 2447 as follows:
2 1. Page 1, by striking lines 10 through 15.
3 2. Page 1, lines 19 through 21, by striking the
4 words "of any vessel propelled by a motor of more than
5 ten horsepower, including an owner of a boat livery,".
6 3. Page 1, line 22, by striking the words "or
7 motorboat".
8 4. Page 1, line 23, by striking the words "or
9 motorboat".
10 5. Page 1, lines 27 and 28, by striking the words
11 "or motorboat propelled by a motor of more than ten
12 horsepower".
13 6. Title page, line 2, by striking the words "or
14 motorboats".
15 7. By renumbering sections.

Amendment H-8089 was adopted.

Baudler of Adair offered the following amendment H-8179 filed by
him and moved its adoption:

H-8179

1 Amend House File 2447 as follows:
2 1. Page 2, line 7, by striking the words "one-
3 half hour after sunset" and inserting the following:
4 "sundown".
5 2. Page 2, line 8, by striking the words "eight
6 a.m." and inserting the following: "sunup".

Amendment H-8179 was adopted.

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

On the question "Shall the bill pass?" (H.F. 2447)

The ayes were, 90:
Alons Arnold Atteberry Baudler
Bell Boal Boggess Bradley
Broers Brunkhorst Bukta Carroll
Chiodo Cohoon Connors De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Horbach Hoversten Huseman Huser
Jacobs Jenkins Jochum Johnson
Jones Kettering Kuhn Larkin
Larson Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Reeder Rekow Reynolds
Richardson Roberts Scherrman Seng
Shey Shoultz Sievers Smith
Stevens Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 4:
Boddicker Cormack Kreiman Van Fossen

 


Absent or not voting, 6:
Brauns Hoffman Klemme Schrader
Sukup Teig

 


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

House File 661, a bill for an act relating to the burning of wood by
sanitary landfills, was taken up for consideration.

Lensing of Johnson asked and received unanimous consent to
withdraw amendment H-1434 filed by her on April 5, 2001.

Drake of Pottawattamie offered amendment H-8203 filed by
Drake, et al., as follows:

H-8203

1 Amend House File 661 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 455B.133, Code 2001, is

5 amended by adding the following new subsection:
6 NEW SUBSECTION. 10. Adopt rules allowing a city
7 to conduct a controlled burn of a demolished building
8 subject to the same restrictions as are in effect for
9 fire fighting training fires. The rules shall include
10 a provision that a city may undertake no more than
11 three controlled burns in every overlapping six-
12 tenths-of-a-mile-radius circle every three years. The
13 rules shall prohibit a controlled burn of a demolished
14 building in Cedar Rapids, Marion, Hiawatha, Council
15 Bluffs, Carter Lake, Des Moines, West Des Moines,
16 Clive, Windsor Heights, Urbandale, Pleasant Hill,
17 Buffalo, Davenport, Mason City or any other area where
18 area-specific state implementation plans require the
19 control of particulate.
20 Sec. 2. DEMOLITION SITE WASTE MATERIAL TASK FORCE.
21 1. The department of natural resources, in
22 cooperation with the department of economic
23 development, shall establish a task force to study
24 issues related to the proper disposal of waste
25 material from buildings demolished in cities and
26 counties. The task force shall study issues
27 including, but not limited to, all of the following:
28 a. The proper removal and disposal of waste
29 material containing lead-based paints and asbestos.
30 b. The proper removal and disposal of any other
31 hazardous waste material or waste material commonly
32 found in old buildings that may be considered a health
33 hazard if removed improperly.
34 c. Any alternatives to the disposal of waste
35 material from demolition sites such as salvage
36 operations.
37 d. The training of fire department personnel in
38 relation to the disposal of waste material from
39 demolition sites.
40 e. Asbestos inspection training for volunteers at
41 the local level.
42 f. An appropriate local limit for the controlled
43 burning of demolished buildings from which hazardous
44 materials have been removed prior to burning.
45 g. The proper method for encouraging cooperation
46 between cities and counties on issues related to the
47 disposal of demolition site waste material.
48 2. The task force membership shall include, but
49 not be limited to, all of the following:
50 a. Representatives from the department of natural

Page 2

1 resources knowledgeable in air toxics and toxic
2 materials.
3 b. Representatives from the department of economic

4 development knowledgeable in community development.
5 c. A representative of the Iowa league of cities.
6 d. A representative of the Iowa society of solid
7 waste operators.
8 e. Four members of the general assembly with not
9 more than one member from each chamber being from the
10 same political party. The two senators shall be
11 designated by the president of the senate after
12 consultation with the majority and minority leaders of
13 the senate. The two representatives shall be
14 designated by the speaker of the house of
15 representatives after consultation with the majority
16 and minority leaders of the house of representatives.
17 3. By January 1, 2002, the task force shall submit
18 a report to the general assembly, including
19 recommendations, regarding issues relating to the
20 disposal of debris from demolition sites in Iowa."
21 2. Title page, by striking line 1 and inserting
22 the following: "An Act establishing a demolition site
23 waste material task force."

Drake of Pottawattamie offered the following amendment H-8262,
to amendment H-8203, filed by him from the floor and moved its
adoption:

H-8262

1 Amend the amendment, H-8203, to House File 661 as
2 follows:
3 1. Page 2, line 17, by striking the figure "2002"
4 and inserting the following: "2003".

Amendment H-8262 was adopted.

On motion by Drake of Pottawattamie amendment H-8203, as
amended, was adopted.

Drake of Pottawattamie 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. 661)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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:
Brauns Hoffman Klemme Schrader
Sukup Teig

 


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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 661, 2418, 2447 and 2514.

House File 2552, a bill for an act relating to interviews conducted
in association with a child abuse assessment, was taken up for
consideration.

Boddicker of Cedar 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. 2552)

The ayes were, 93:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Reeder Rekow Reynolds Richardson
Roberts Scherrman Seng Shey
Shoultz Sievers Smith Stevens
Taylor, D. Taylor, T. Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Wilderdyke Winckler Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 7:
Brauns Hoffman Klemme Schrader
Sukup Teig Tremmel

 


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

House File 2448, a bill for an act relating to diverting township
taxes to a municipality providing emergency services to the township,
with report of committee recommending passage, was taken up for
consideration.

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

On the question "Shall the bill pass?" (H.F. 2448)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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:
Brauns Hoffman Klemme Schrader
Sukup Teig

 


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

House File 2547, a bill for an act relating to certain programs and
public health issues under the purview of the Iowa department of
public health, and providing a penalty, was taken up for
consideration.

Roberts of Carroll offered the following amendment H-8232 filed
by him and moved its adoption:


H-8232

1 Amend House File 2547 as follows:
2 1. Page 1, by inserting after line 21 the
3 following:
4 "Sec. . Section 125.13, subsection 2, Code
5 2001, is amended by adding the following new
6 paragraph:
7 NEW PARAGRAPH. j. A hospital substance abuse
8 treatment program that is accredited or licensed by
9 the joint commission on the accreditation of health
10 care organizations, the commission on the
11 accreditation of rehabilitation facilities, the
12 American osteopathic association, or another
13 recognized organization approved by the commission.
14 All survey reports for the hospital substance abuse
15 treatment program from the accrediting or licensing
16 body shall be sent to the department."
17 2. Page 2, line 6, by striking the word
18 "persons,".
19 3. Page 3, by striking lines 11 through 22 and
20 inserting the following:
21 "Every license to practice a profession shall
22 expire in multiyear intervals and be renewed as
23 determined by the board upon application by the
24 licensee, without examination. Application for
25 renewal shall be made in writing to the department
26 accompanied by the required fee at least thirty days
27 prior to the expiration of such license. Every
28 renewal shall be displayed in connection with the
29 original license. The department shall notify each
30 licensee by mail prior to the expiration of a license.
31 Failure to renew the license within a reasonable time
32 after the expiration shall not invalidate the license,
33 but a reasonable penalty may be assessed by the
34 board."
35 4. By striking page 4, line 14, through page 6,
36 line 13.
37 5. Page 14, line 2, by striking the word
38 "system".
39 6. By striking page 14, line 21, through page 15,
40 line 8.
41 7. By renumbering as necessary.

Amendment H-8232 was adopted.


RULE 31.8 SUSPENDED

Van Fossen of Scott asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments, for
the immediate consideration of amendment H-8274.

Van Fossen of Scott offered the following amendment H-8274 filed
by him from the floor and moved its adoption:

H-8274

1 Amend House File 2547 as follows:
2 1. Page 2, by striking lines 9 through 17 and
3 inserting the following:
4 "Sec. . Section 135.24, Code Supplement 2001,
5 is amended to read as follows:
6 135.24 VOLUNTEER HEALTH CARE PROVIDER PROGRAM
7 ESTABLISHED - IMMUNITY FROM CIVIL LIABILITY.
8 1. The director shall establish within the
9 department a program to provide to eligible hospitals,
10 clinics, or other health care facilities, health care
11 referral programs, or charitable organizations, free
12 medical, and dental, and chiropractic services given
13 on a voluntary basis by health care providers. A
14 participating health care provider shall register with
15 the department and obtain from the department a list
16 of eligible, participating hospitals, clinics, or
17 other health care facilities, health care referral
18 programs, or charitable organizations.
19 2. The department, in consultation with the
20 department of human services, shall adopt rules to
21 implement the volunteer health care provider program
22 which shall include the following:
23 a. Procedures for registration of health care
24 providers deemed qualified by the board of medical
25 examiners, the board of physician assistant examiners,
26 the board of dental examiners, and the board of
27 nursing, and the board of chiropractic examiners.
28 b. Criteria for and identification of hospitals,
29 clinics, or other health care facilities, health care
30 referral programs, or charitable organizations,
31 eligible to participate in the provision of free
32 medical, or dental, or chiropractic services through
33 the volunteer health care provider program. A health
34 care facility, a health care referral program, a
35 charitable organization, or a health care provider
36 participating in the program shall not bill or charge
37 a patient for any health care provider service
38 provided under the volunteer health care provider
39 program.

40 c. Identification of the medical services to be
41 provided under the program. The medical services
42 provided may include, but shall not be limited to,
43 obstetrical and gynecological medical services, and
44 psychiatric services provided by a physician licensed
45 under chapter 148, 150, or 150A, or services provided
46 under chapter 151.
47 3. A health care provider providing free care
48 under this section shall be considered an employee of
49 the state under chapter 669 and shall be afforded
50 protection as an employee of the state under section

Page 2

1 669.21, provided that the health care provider has
2 done all of the following:
3 a. Registered with the department pursuant to
4 subsection 1.
5 b. Provided medical, or dental, or chiropractic
6 services through a hospital, clinic, or other health
7 care facility, health care referral program, or
8 charitable organization listed as eligible and
9 participating by the department pursuant to subsection
10 1.
11 4. For the purposes of this section, "charitable
12 organization" means a charitable organization within
13 the meaning of section 501(c)(3) of the Internal
14 Revenue Code which has as its primary purpose the
15 sponsorship or support of programs designed to improve
16 the quality, awareness, and availability of
17 chiropractic, dental, or medical or dental services to
18 children and to serve as a funding mechanism for
19 provision of chiropractic, dental, or medical or
20 dental services, including but not limited to
21 immunizations, to children in this state.
22 5. For the purposes of this section, "health care
23 provider" means a physician licensed under chapter
24 148, 150, or 150A, or 151, a physician assistant
25 licensed and practicing under a supervising physician
26 pursuant to chapter 148C, a licensed practical nurse,
27 a registered nurse, or a dentist, dental hygienist, or
28 dental assistant registered or licensed to practice
29 under chapter 153."
30 2. By renumbering as necessary.

Amendment H-8274 was adopted, placing out of order amendment
H-8250 filed by Van Fossen of Scott, Huser of Polk, Garman of Story
and Smith of Marshall from the floor and amendment H-8270 filed by
Van Fossen of Scott from the floor.


Roberts of Carroll 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. 2547)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley 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 Horbach Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
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:
Brauns Hoffman Klemme Schrader
Sukup Teig

 


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 2115, by committee on education, a bill for an act
relating to state financial assistance for schools placed on a special
accredited list of college preparatory schools.

Read first time and referred to committee on education.

Senate File 2259, by committee on education, a bill for an act
amending Code provisions administered by the department of
education, including provisions related to participation in
extracurricular activities, tuition reimbursement payment by school
districts under the postsecondary enrollment options Act,
interscholastic activities agreements, school infrastructure program
calculations, phase I payment calculations, and the use of phase III
balances by school districts and area education agencies.

Read first time and passed on file.

Senate File 2280, by committee on human resources, a bill for an
act relating to the requirements of the department of human services
for certain child welfare services providers.

Read first time and referred to committee on human resources.

House File 2546, a bill for an act classifying the criminal offense
of assault as a general intent crime, was taken up for consideration.

Tremmel of Wapello asked and received unanimous consent to
withdraw amendment H-8242 filed by him on March 11, 2002,
placing out of order amendment H-8255 filed by Tremmel of Wapello
from the floor.

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

On the question "Shall the bill pass?" (H.F. 2546)

The ayes were, 88:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Broers Brunkhorst Bukta Carroll
Cohoon Connors Cormack De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Finch Foege
Ford Frevert Garman Gipp
Greimann Grundberg Hahn Hansen
Hatch Heaton Horbach Hoversten
Huseman Huser Jacobs Jochum
Johnson Jones Kettering Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Richardson Roberts
Scherrman Seng Shey Shoultz
Sievers Smith Stevens Taylor, D.
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wilderdyke
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, 4:
Chiodo Dotzler Fallon Taylor, T.

 


Absent or not voting, 8:
Bradley Brauns Hoffman Jenkins
Klemme 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 2448, 2546, 2547 and 2552.

REPORT OF THE CHIEF CLERK OF THE HOUSE

MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following corrections were made:


House File 2395

1. Page 7, line 6 - By changing the word " subparagraphs" to "subparagraph".

MARGARET A. THOMSON
Chief Clerk of the House

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on March 12,
2002. Had I been present, I would have voted "aye" on House Files
2488 and Senate File 2212.

CARROLL of Poweshiek

I was necessarily absent from the House chamber on March 12,
2002. Had I been present, I would have voted "aye" on House File
2488 and Senate File 2212.

CHIODO of Polk

I was necessarily absent from the House chamber on March 11,
2002. Had I been present, I would have voted "aye" on House Files
2281, 2482, 2494, 2495, 2496, 2516, 2530, 2534 and Senate Files 374
and 2146.

DE BOEF of Mahaska

I was necessarily absent from the House chamber on March 11,
2002. Had I been present, I would have voted "aye" on House Files
2482 and 2516.

RAECKER of Polk

I was necessarily absent from the House chamber on March 11,
2002. Had I been present, I would have voted "aye" on House Files
2281, 2482, 2494, 2495, 2496, 2516, 2530, 2534 and Senate Files 374
and 2146.

WILDERDYKE of Harrison


BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill
has been examined and found correctly enrolled, signed by the Speaker of the House
and the President of the Senate, and presented to the Governor for his approval on this
12th day of March, 2002: House Files 2139 and 2395.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

COMMUNICATION RECEIVED

The following communications was received and filed in the office
of the Chief Clerk:

DEPARTMENT OF NATURAL RESOURCES

The 2002 Annual Report on the Rigistry of Hazardous Waste or Hazardous
Substance Disposal Sites and the Hazardous Waste Remedial Fund, pursuant to
Chapter 455B.425, Code of Iowa.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2002\654 Brianna Routh, Ankeny - For being the 1st Place Winner in the 6-7
Grade Category of the 2002 Write Women Back Into History Essay
Contest.

2002\655 Roy and Helen Hopkins, Shenandoah - For celebrating their 62nd
wedding anniversary.

2002\656 Ray and Margaret Brownlee, Coin - For celebrating their 62nd
wedding anniversary.

2002\657 Velma Newman, Indianola - For celebrating her 90th brithday.

2002\658 Henry Dekkers, Sioux Center - For celebrating his 90th birthday.


2002\659 Clifford and Marianne Lampe, Winterset - For celebrating their 50th
wedding anniversary.

2002\660 Clarice Ross, Perry - For celebrating her 90th birthday.

2002\661 Clarinda B. Allen, Winterset - For celebrating her 90th birthday.

2002\662 Albert and Alice Trotter, Newton - For celebrating their 50th
wedding anniversary.

2002\663 Lillian Sweet, Lake View - For celebrating her 90th birthday.

2002\664 Ruth Mooney, Alta - For celebrating her 90th birthday.

2002\665 Marjorie Seymour, Lake View - For celebrating her 91st birthday.

2002\666 Bernice Reida, Lake View - For celebrating her 87th birthday.

2002\667 Marlene and Kenneth White, Chariton - For celebrating their 65th
wedding anniversary.

2002\668 Arlene Kinsinger, Grundy Center - For celebrating her 80th
birthday.

2002\669 Kathryn and Carl Palmer, Grundy Center - For celebrating their
60th wedding anniversary.

2002\670 Charles and Rose Paul, Whiting - For celebrating their 60th wedding
anniversary.

2002\671 Chuck and Katy Johnson, Whiting - For celebrating their 64th
wedding anniversary.

2002\672 Ralph and Janette Phipps, Whiting - For celebrating their 62nd
wedding anniversary.

2002\673 Erica Schlotfeldt, Rock Valley - For being named to the All-
Tournament Team following Rock Valley Rockets 1-A Girl's
Basketball Championship.

2002\674 Coach Preston Kooima, Rock Valley - For his team, the Rock Valley
Rockets, winning the Class 1-A Championship Girl's Basketball
Tournament.

2002\675 Deb Remmerde, Rock Valley - For being named Captain of the All-
Tournament Team following the Rock Valley Rockets 1-A Girl's
Basketball Championship.

2002\676 Ellie Peterson, Cedar Falls - For being named to the 2002 Des
Moines Sunday Register Girl's All-State Team, Class 4-A.


2002\677 Mr. and Mrs. Alvin Tibbott, Greeley - For celebrating their 50th
wedding anniversary.

2002\678 Brian J. Flake, Columbus Junction - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.

2002\679 Aaron Schonhoff, Letts - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\680 Sam Stelzner, Letts - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\681 Frances Josephine Mohr Mullen, Montezuma - For celebrating her
95th birthday.

2002\682 Jennie Geurts, Sully - For celebrating her 85th birthday.

2002\683 Mary Gritsch, Grinnell - For celebrating her 92nd birthday.

2002\684 Ellis Brown, Grinnell - For celebrating her 90th birthday.

2002\685 Arthur Heimann, Grinnell - For celebrating his 80th birthday.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2124

State Government: Eichhorn, Chair; Gipp and T. Taylor.

Senate File 2197

Judiciary: Eichhorn, Chair; Shey and Tremmel.

Senate File 2228

Education: Brunkhorst, Chair; Broers and Stevens.

Senate File 2267

Judiciary: Raecker, Chair; Kettering and Kreiman.

Senate File 2268

Judiciary: Tremmel, Chair; Eichhorn and Shey.

Senate File 2275

Judiciary: Shey, Chair; Bell and Eichhorn.


Senate File 2286

Judiciary: Shey, Chair; Eichhorn and Tremmel.

Senate File 2301

Judiciary: Shey, Chair; Eichhorn and Kreiman.

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 EDUCATION

Senate File 2258, a bill for an act relating to the board of educational examiners'
authority to determine whether an applicant for licensure or certification or for
renewal of a license is qualified for the license sought.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8249 March 11, 2002.

COMMITTEE ON TRANSPORTATION

Senate File 2192, a bill for an act relating to highways and motor vehicles,
including condemnation of property by the state department of transportation,
registration, sale, and operation of certain vehicles, issuance of driver's licenses and
nonoperator's identification cards, regulation of oversize vehicles, and vehicle
manufacturers, distributors, and dealers, and providing penalties and effective dates.

Fiscal Note is required.

Recommended Do Pass March 12, 2002.

AMENDMENTS FILED

H-8248 H.F. 2091 Horbach of Tama
H-8249 S.F. 2258 Committee on Education


H-8251 H.F. 2555 Tremmel of Wapello
H-8253 H.F. 2564 Tremmel of Wapello
H-8254 H.F. 2567 Carroll of Poweshiek
H-8256 H.F. 2509 Shey of Linn
H-8259 H.F. 2561 Boal of Polk
H-8264 H.F. 2561 Boal of Polk
Smith of Marshall
H-8266 H.F. 2483 Winckler of Scott
H-8267 H.F. 2202 Cormack of Webster
H-8268 H.F. 2555 Ford of Polk
H-8269 S.F. 429 Hatch of Polk
Atteberry of Delaware Chiodo of Polk
Connors of Polk Fallon of Polk
Osterhaus of Jackson Jochum of Dubuque
Lensing of Johnson Quirk of Chickasaw
Reynolds of Van Buren Shoultz of Black Hawk
Witt of Black Hawk
H-8271 H.F. 2436 Petersen of Polk
H-8272 H.F. 2561 Heaton of Henry
Van Engelenhoven of Mahaska
Johnson of Osceola
Carroll of Poweshiek
H-8273 H.F. 2555 Tremmel of Wapello
Huser of Polk
Larson of Linn
H-8275 H.F. 2509 Fallon of Polk
H-8276 H.F. 2567 Fallon of Polk
Carroll of Poweshiek
H-8277 H.F. 2416 Carroll of Poweshiek

On motion by Rants of Woodbury the House adjourned at 10:13
p.m., until 8:45 a.m., Wednesday, March 13, 2002.


Previous Day: Monday, March 11Next Day: Wednesday, March 13
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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