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House Journal: Wednesday, March 13, 2002

JOURNAL OF THE HOUSE

Fifty-ninth Calendar Day - Fortieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 13, 2002

The House met pursuant to adjournment at 8:48 a.m., Dix of
Butler in the chair.

Prayer was offered by Reverend Suzanne Erwin, pastor of
Learning of the Lord Revival Ministry, Des Moines. She was the
guest of Representative Ed Fallon of Polk County.

The Journal of Tuesday, March 12, 2002 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Garman of Story and Heaton of Henry, until his arrival, on request of Rants of
Woodbury.

SENATE MESSAGES CONSIDERED

Senate Joint Resolution 2003, by Schuerer, Angelo, Lamberti,
McKibben, Veenstra, Behn, King, Iverson, Kramer, Boettger,
McKinley, Rehberg, Greiner, Miller, Zieman, Sexton, Maddox,
Houser, Freeman, Rittmer and Tinsman, a joint resolution requesting
the proposal of an amendment to the Constitution of the Untied
States restricting the ability of the federal judiciary to mandate any
state or subdivision of any state to levy or increase taxes.

Read first time and referred to committee on judiciary.

Senate File 2200, by committee on business and labor relations, 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 based in part upon a preexisting injury or recovery
of benefits.

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

CONSIDERATION OF BILLS
Regular Calendar

House File 2578, a bill for an act relating to the resource limits
applicable to certain employed persons with disabilities under the
medical assistance program, was taken up for consideration.

Witt of Black Hawk 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. 2578)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Frevert Gipp Greimann Grundberg
Hahn Hansen Hatch Hoffman
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
Schrader Seng Shey Shoultz
Siegrist, Spkr. Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Dix,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Brauns Garman Heaton Klemme
Teig Van Fossen

 


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

House File 2574, a bill for an act creating a century small
business program to recognize and honor small businesses with one
hundred consecutive years of continuous family ownership, was taken
up for consideration.

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. 2574)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Frevert Gipp Greimann Grundberg
Hahn Hansen Hatch Hoffman
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
Schrader Seng Shey Shoultz
Siegrist, Spkr. Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Dix,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Brauns Garman Heaton Klemme
Teig Van Fossen
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 2574 and 2578.

House File 2202, a bill for an act establishing an economic
development commission, with report of committee recommending
amendment and passage, was taken up for consideration.

Cormack of Webster offered amendment H-8094 filed by the
committee on economic development as follows:

H-8094

1 Amend House File 2202 as follows:
2 1. Page 1, line 18, by striking the word
3 "commission" and inserting the following: "council".
4 2. Page 1, by striking lines 19 through 30.
5 3. Page 1, line 34, by striking the word
6 "COMMISSION" and inserting the following: "COUNCIL".
7 4. Page 1, by inserting after line 34 the
8 following:
9 "0A. The purpose of this section is to establish
10 an economic development council which shall develop
11 and implement a strategic plan which sets
12 accountability standards, measurements, and benchmarks
13 to evaluate the effectiveness of the department in
14 implementing the strategic plan."
15 5. Page 1, line 35, by striking the word
16 "commission" and inserting the following: "council".
17 6. Page 2, line 5, by striking the word
18 "commission" and inserting the following: "council".
19 7. Page 2, by striking lines 7 and 8 and
20 inserting the following: "businesses representing a
21 cross section of the state economy. The remaining
22 members shall include representatives of local
23 economic development developers, presidents".
24 8. Page 2, line 9, by inserting after the word
25 "universities" the following: ", organized labor, and
26 community colleges".
27 9. Page 2, line 9, by striking the word
28 "commission" and inserting the following: "council".
29 10. Page 2, line 11, by striking the word
30 "commission" and inserting the following: "council".

31 11. Page 2, line 12, by striking the word
32 "commission" and inserting the following: "council".
33 12. Page 2, line 14, by striking the word
34 "commission" and inserting the following: "council".
35 13. Page 2, by striking lines 15 and 16 and
36 inserting the following: "The members of the council
37 shall select a chairperson for a one-year term."
38 14. Page 2, line 17, by striking the word
39 "commission" and inserting the following: "council".
40 15. Page 2, line 19, by striking the word
41 "commission" and inserting the following: "council".
42 16. Page 2, line 22, by striking the word
43 "commission" and inserting the following: "council".
44 17. Page 2, line 25, by striking the word
45 "commission" and inserting the following: "council".
46 18. Page 2, line 25, by inserting after the word
47 "held" the following: "quarterly".
48 19. Page 2, line 26, by striking the word
49 "commission" and inserting the following: "council".
50 20. Page 2, line 27, by striking the word

Page 2

1 "commission" and inserting the following: "council".
2 21. Page 2, by striking lines 28 and 29.
3 22. Page 3, line 1, by inserting after the word
4 "plan." the following: "In preparing the strategic
5 plan, the council shall consider all of the following
6 economic foundation issues:
7 (1) Skilled and adaptable human resources.
8 (2) Access to technologies on which new products
9 and processes are based.
10 (3) Availability of financial capital to support
11 new ventures, expansion of existing companies, and
12 reinvestment in transition industries.
13 (4) Support of advanced physical infrastructure
14 for transportation, communications, energy and water,
15 and waste handling.
16 (5) A review of the regulatory and taxation
17 environment and business climate resulting in
18 recommendations to balance competitiveness.
19 3. The council shall annually submit a written
20 report to the governor and the general assembly
21 concerning the strategic plan and the performance
22 results. Copies of status reports under any
23 performance agreement with the department or other
24 public entity shall be provided to the governor and
25 the general assembly."
26 23. Title page, line 1, by striking the word
27 "commission" and inserting the following: "council".
28 24. By renumbering, redesignating, and correcting
29 internal references as necessary.

Cormack of Webster offered the following amendment H-8267, to
the committee amendment H-8094, filed by him and moved its
adoption:

H-8267

1 Amend the amendment, H-8094, to House File 2202 as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 1, line 3, by striking the figure
6 "1.", and inserting the following: "1."
7 . Page 1, line 10, by inserting after the word
8 "annually." the following: "Review and adopt a
9 strategic plan, including specific goals, objectives,
10 and policies for state economic growth, submitted to
11 the board pursuant to section 15.102A.""
12 2. Page 2, by striking line 2 and inserting the
13 following:
14 " . Page 2, by striking lines 28 and 29 and
15 inserting the following:
16 " . Lead efforts to improve Iowa's competitive
17 position and business climate.
18 . Facilitate activities designed to strengthen
19 relationships and advocate collaboration among Iowa
20 research institutions and other economic development
21 organizations and service providers.
22 . Develop collaborative projects."
23 . Page 2, by striking line 35 and inserting
24 the following: "benchmarks by which to evaluate the
25 effectiveness of the strategic plan as well as
26 evaluating the department's performance in"."
27 3. Page 2, line 4, by inserting before the word
28 "In" the following: "The council shall submit the
29 strategic plan to the Iowa economic development board
30 for review and adoption."
31 4. By renumbering, relettering, and redesignating
32 as necessary.

Amendment H-8267 was adopted.

On motion by Cormack of Webster the committee amendment H-
8094, as amended, was adopted.

Cormack of Webster 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. 2202)

The ayes were, 94:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Frevert Gipp Greimann Grundberg
Hahn Hansen Hatch Hoffman
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
Schrader Seng Shey Shoultz
Siegrist, Spkr. Sievers Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Warnstadt
Weidman Wilderdyke Winckler Wise
Witt Dix,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Brauns Garman Heaton Klemme
Teig Van Fossen

 


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

House File 2541, a bill for an act relating to maintaining a
magistrate court in a city other than the county seat, was taken up
for consideration.

Eichhorn of Hamilton offered the following amendment H-8226
filed by him and moved its adoption:


H-8226

1 Amend House File 2541 as follows:
2 1. Page 1, line 5, by inserting after the figure
3 "2001" the following: ", and if the city requests a
4 magistrate. Any additional costs to the judicial
5 branch for maintaining a magistrate in a city other
6 than the county seat shall be paid by the city
7 requesting the magistrate".

Amendment H-8226 was adopted.

Eichhorn of Hamilton 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. 2541)

The ayes were, 92:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Frevert Gipp Greimann Grundberg
Hahn Hansen Hatch Hoffman
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 Schrader
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Tymeson Tyrrell
Van Engelenhoven Warnstadt Weidman Wilderdyke
Winckler Wise Witt Dix,
Presiding
The nays were, 1:

 

Tremmel

 



Absent or not voting, 7:
Brauns Garman Heaton Horbach
Klemme Teig Van Fossen

 


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 2202 and 2541.

House File 2459, a bill for an act relating to the authority of city
hospital and health care facility boards of trustees, was taken up for
consideration.

Alons of Sioux offered the following amendment H-8212 filed by
him and Klemme of Plymouth and moved its adoption:

H-8212

1 Amend House File 2459 as follows:
2 1. Page 1, line 18, by striking the words
3 "paragraph after" and inserting the following:
4 "paragraphs after".
5 2. Page 1, by inserting after line 31, the
6 following:
7 "NEW UNNUMBERED PARAGRAPH. The proceeds of such
8 sale may only be applied for the retirement of bonds
9 or other indebtedness issued and outstanding in
10 connection with the purchase of the property sold or
11 in connection with operation of the hospital or health
12 care facility or for repairs or improvements to
13 property owned or for the purchase or lease of
14 equipment as the board of trustees may determine. If
15 all of the property essential to the operation of the
16 city hospital or health care facility is offered for
17 sale by the board of trustees, the board shall not
18 sell such property for an amount that is less than the
19 amount of bonds or other indebtedness issued and
20 outstanding at the time of the sale."

Amendment H-8212 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. 2459)

The ayes were, 85:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Gipp Greimann Grundberg Hahn
Hansen Hatch Hoffman Horbach
Hoversten Huseman Huser Jenkins
Jochum Johnson Jones Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Myers O'Brien
Petersen Quirk Raecker Rants
Reeder Rekow Reynolds Roberts
Schrader Seng Shey Shoultz
Siegrist, Spkr. Sievers Smith Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Van Engelenhoven Warnstadt Weidman
Wilderdyke Winckler Wise Witt
Dix,
Presiding

 


The nays were, 8:
Frevert Kettering Murphy Osterhaus
Rayhons Richardson Scherrman Stevens

 


Absent or not voting, 7:
Brauns Garman Heaton Jacobs
Klemme Teig Van Fossen

 

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

House File 2584, a bill for an act relating to assessment of certain
vineyards for purposes of property taxation and providing a
retroactive applicability date, was taken up for consideration.


Finch of Story 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. 2584)

The ayes were, 93:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Frevert Gipp Greimann Grundberg
Hahn Hansen Hatch Hoffman
Horbach Hoversten Huseman Huser
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 Schrader
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Van Engelenhoven Warnstadt Weidman
Wilderdyke Winckler Wise Witt
Dix,
Presiding

 


The nays were, none.

Absent or not voting, 7:
Brauns Garman Heaton Jacobs
Klemme Teig Van Fossen

 


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 2459 and 2584.

On motion by Rants of Woodbury, the House was recessed at 9:56
a.m., until 2:00 p.m.

AFTERNOON SESSION

The House reconvened at 2:08 p.m., Hansen of Pottawattamie in
the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Sukup of Franklin on request of Speaker Siegrist.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-three members present, forty-
seven absent.

The House stood at ease at 2:11 p.m., until the fall of the gavel.

The House resumed session at 3:48 p.m., Dix of Butler in the chair.

CONSIDERATION OF BILLS
Regular Calendar

House File 2091, a bill for an act prohibiting disbursements of
moneys from the vision Iowa fund to entities entering into certain
labor-related agreements, and providing an effective date, with report
of committee recommending passage, was taken up for consideration.

Horbach of Tama offered the following amendment H-8248 filed by
him and moved its adoption:

H-8248

1 Amend House File 2091 as follows:
2 1. Page 1, line 1, by inserting before the word
3 "VISION" the following: "NEW SECTION. 12.72A".
4 2. Page 2, by striking lines 16 through 18 and
5 inserting the following: "this section, including an
6 action for injunctive relief. A person found to have
7 violated this".

Amendment H-8248 was adopted.

SENATE FILE 2048 SUBSTITUTED FOR HOUSE FILE 2091

Horbach of Tama asked and received unanimous consent to
substitute Senate File 2048 for House File 2091.

Senate File 2048, a bill for an act prohibiting disbursements of
moneys from the vision Iowa fund to entities entering into certain
labor-related agreements, and providing an effective date, was taken
up for consideration.

Dotzler of Black Hawk offered amendment H-8222 filed by Dotzler,
et al., as follows:

H-8222

1 Amend Senate File 2048, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 72.7 PUBLIC WORKS
6 PROJECTS - COMPETITIVE BIDDING REQUIREMENTS.
7 Prior to awarding a contract to perform work on a
8 public works project pursuant to a competitive bidding
9 procedure, a public contracting entity shall consider,
10 in determining whether a bidder is responsible, the
11 bidder's record of reliability and timely completion
12 of past projects, the qualifications of the bidder and
13 its employer and subcontractors to properly perform
14 the type of work required by the contract, and the
15 past experience of the bidder and its subcontractors
16 on projects of the same or similar nature. In
17 addition, for a bid to be considered a responsible
18 bid, the bidder and its subcontractors shall possess a
19 documented record of reliability and timely completion
20 of past projects of the same or similar scope of work
21 and a sufficient number of qualified and trained
22 employees to properly perform the type and nature of
23 work required under the contract. Proof of a
24 sufficient number of qualified and trained employees
25 shall not be required if the bidder and its
26 subcontractors can establish its payment of the
27 prevailing wage for the work to be performed as
28 determined by the department of workforce development
29 based upon wage determinations established by the
30 United States department of labor for similar work
31 pursuant to 29 C.F.R. § 1.5 and 29 C.F.R. § 1.6(b)."

32 2. Title page, by striking lines 1 through 3 and
33 inserting the following: "An Act providing for
34 certain competitive bidding procedures for public
35 contracting entities."

Dotzler of Black Hawk offered the following amendment H-8282, to
amendment H-8222, filed by him from the floor and moved its
adoption:

H-8282

1 Amend the amendment, H-8222, to Senate File 2048,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 9, by inserting after the word
5 "procedure," the following: "which contract
6 authorizes the expenditure of twenty-five thousand
7 dollars or more in public funds,".

Amendment H-8282 was adopted.

Horbach of Tama rose on a point of order that amendment H-
8222, as amended, was not germane.

The Speaker ruled the point well taken and amendment H-8222,
as amended, not germane.

Dotzler of Black Hawk asked for unanimous consent to suspend
the rules to consider amendment H-8222, as amended.

Objection was raised.

Dotzler of Black Hawk moved to suspend the rules to consider
amendment H-8222, as amended.

Roll call was requested by Myers of Johnson and Brunkhorst of
Bremer.

On the question "Shall the rules be suspended to consider
amendment H-8222, as amended?" (S.F. 2048)

The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Dotzler Fallon Foege
Ford Frevert Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Petersen Quirk Reeder
Reynolds Richardson Scherrman Schrader
Seng Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


The nays were, 51:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Broers
Brunkhorst Carroll Cormack De Boef
Dolecheck Drake Eddie Eichhorn
Elgin Finch Gipp Grundberg
Hahn Hansen Heaton Hoffman
Horbach Hoversten Huseman Jacobs
Jenkins Johnson Jones Kettering
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Siegrist, Spkr. Sievers
Tymeson Tyrrell Van Engelenhoven Van Fossen
Weidman Wilderdyke Dix,
Presiding

 


Absent or not voting, 7:
Brauns Connors Garman Klemme
Shoultz Sukup Teig

 

The motion to suspend the rules lost.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8194 filed by him on March 5, 2002, placing
amendment H-8200 filed by Richardson of Warren on March 6, 2002,
out of order.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8219 filed by him on March 8, 2002.

Richardson of Warren asked and received unanimous consent
that amendment H-8220 be deferred.

Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8041 filed by him on February 7, 2002.


Richardson of Warren offered the following amendment H-8220,
previously deferred, filed by him and moved its adoption:

H-8220

1 Amend Senate File 2048, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 10, by inserting after the figure
4 "384.37." the following: "However, "public works"
5 does not include a memorial building or monument as
6 described in section 37.1."

Amendment H-8220 lost.

Gipp of Winneshiek in the chair at 4:57 p.m.

Speaker Siegrist in the chair at 5:41 p.m.

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

Rule 75 was invoked.

On the question "Shall the bill pass?" (S.F. 2048)

The ayes were, 54:
Alons Arnold Atteberry Baudler
Boal Boddicker Boggess Bradley
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Gipp Grundberg Hahn Hansen
Heaton Hoffman Horbach Hoversten
Huseman Jacobs Jenkins Johnson
Jones Kettering Larson Manternach
Metcalf Millage Raecker Rants
Rayhons Reeder Rekow Roberts
Shey Sievers Sukup Tymeson
Tyrrell Van Engelenhoven Van Fossen Weidman
Wilderdyke Mr. Speaker
Siegrist

 


The nays were, 40:
Bell Bukta Chiodo Cohoon
Connors Dotzler Fallon Foege
Ford Frevert Greimann Hatch
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reynolds Richardson
Scherrman Schrader Seng Shoultz
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise

 


Absent or not voting, 6:
Brauns Garman Huser Klemme
Teig Witt

 

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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Klemme of Plymouth on request of Gipp of Winneshiek; Witt of Black Hawk on
request of Myers of Johnson.

HOUSE FILE 2091 WITHDRAWN

Horbach of Tama asked and received unanimous consent to
withdraw House File 2091 from further consideration by the House.

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 13, 2002, passed the following bill in which the concurrence of the Senate was
asked:

House File 2487, a bill for an act relating to the designation of specific children's
hospitals as qualified hospitals under the medical assistance disproportionate share
hospital payment program.

MICHAEL E. MARSHALL, Secretary

House File 2416, a bill for an act relating to mental health and
developmental disability services requirements, was taken up for
consideration.


Carroll of Poweshiek offered amendment H-8277 filed by him as
follows:

H-8277

1 Amend House File 2416 as follows:
2 1. Page 1, line 10, by striking the words "four
3 five" and inserting the following: "four".
4 2. Page 2, by striking line 29 and inserting the
5 following: "serve at least four individuals or the
6 number of individuals authorized by an exception to
7 policy approved by the department. The rules to be
8 amended".
9 3. Page 3, by striking lines 8 through 10.
10 4. Page 4, line 2, by inserting before the word
11 "The" the following: "A copy of the application shall
12 be sent to the department of human services at the
13 time the application is submitted to the Iowa
14 department of public health."

Carroll of Poweshiek offered the following amendment H-8288, to
amendment H-8277, filed by him and Smith of Marshall from the
floor and moved its adoption:

H-8288

1 Amend the amendment, H-8277, to House File 2416 as
2 follows:
3 1. Page 1, by inserting after line 14 the
4 following:
5 "___. Page 5, by inserting after line 1 the
6 following:
7 "Sec. . ICFMR CERTIFICATE OF NEED - FY 2002-
8 2003 IMPLEMENTATION. For the fiscal year beginning
9 July 1, 2002, and ending June 30, 2003, the health
10 facilities council shall not approve applications for
11 new or changed institutional health service resulting
12 in more than ten new or changed beds for the
13 intermediate care facility for persons with mental
14 retardation classification.""
15 2. By renumbering as necessary.

Amendment H-8288 was adopted.

On motion by Carroll of Poweshiek amendment H-8277, as
amended, was adopted.


Kreiman of Davis asked and received unanimous consent to
withdraw amendments H-8189 and H-8190 filed by him on March 5,
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. 2416)

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 Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman Horbach Hoversten
Huseman 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 Schrader Seng Shey
Shoultz Sievers Smith Stevens
Sukup 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 Garman Huser Klemme
Teig Witt

 

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


IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 2416 and Senate File 2048.

House File 2515, a bill for an act relating to the duties and
operation of the department of education and providing an effective
date, was taken up for consideration.

Cohoon of Des Moines asked and received unanimous consent that
amendment H-8211 be deferred.

Brunkhorst of Bremer offered amendment H-8215 filed by him and
Cohoon of Des Moines as follows:

H-8215

1 Amend House File 2515 as follows:
2 1. Page 3, by striking lines 21 and 22 and
3 inserting the following:
4 "Sec. . Section 260C.5, subsection 6, Code 2001
5 is amended by striking the subsection."
6 2. By striking page 4, line 22 through page 7,
7 line 25 and inserting the following:
8 "Sec. . Section 260C.38, unnumbered paragraphs
9 1 and 3, Code 2001, are amended to read as follows:
10 The board of directors may, with the approval of
11 the director of the department of education, enter
12 into lease agreements, with or without purchase
13 options, not to exceed twenty years in duration, for
14 the leasing or rental of buildings for use basically
15 as classrooms, laboratories, shops, libraries, and
16 study halls for community college purposes, and pay
17 for the leasing or rental with funds acquired pursuant
18 to section 260C.17, section 260C.18, and section
19 260C.22. However, lease agreements extending for less
20 than ten years and for less than twenty-five thousand
21 dollars per year need not be submitted to the director
22 of the department of education for approval.
23 Before entering into a lease agreement with a
24 purchase option for a building to be constructed, or
25 placed, upon real estate owned by the community
26 college, the board shall first adopt plans and
27 specifications for the proposed building which it
28 considers suitable for the intended use, and the board
29 shall also adopt the proposed terms of the lease
30 agreement and purchase option. Upon obtaining the

31 approval of the director of the department of
32 education, if approval of the director is required,
33 the The board shall invite bids, by advertisement
34 published once each week for two consecutive weeks in
35 the county where the building is to be located. The
36 lease agreement shall be awarded to the lowest
37 responsible bidder, or the board may reject all bids
38 and readvertise for new bids.
39 Sec. . Section 282.18, subsection 2, Code 2001,
40 is amended to read as follows:
41 2. By January 1 of the preceding school year, the
42 parent or guardian shall send notification to the
43 district of residence and the receiving district, on
44 forms prescribed by the department of education, that
45 the parent or guardian intends to enroll the parent's
46 or guardian's child in a public school in another
47 school district. If a parent or guardian fails to
48 file a notification that the parent intends to enroll
49 the parent's or guardian's child in a public school in
50 another district by the deadline of January 1 of the

Page 2

1 previous year, and one of the criteria defined in
2 subsection 16 4 exists for the failure to meet the
3 deadline or if the request is to enroll a child in
4 kindergarten in a public school in another district,
5 the parent or guardian shall be permitted to enroll
6 the child in the other district in the same manner as
7 if the deadline had been met.
8 The board of directors of a school district may
9 adopt a policy granting the superintendent of the
10 district authority to approve open enrollment
11 applications that are timely filed. However, the
12 board of directors shall not grant the superintendent
13 authority to deny open enrollment applications, except
14 as provided in subsection 3. The board of the
15 district of residence, or the superintendent with the
16 board's authority to only approve applications, shall
17 take action on the request no later than February 1 of
18 the preceding school year and shall transmit any
19 approved request within five days after board action
20 on the request. The parent or guardian may withdraw
21 the request at any time prior to the start of the
22 school year. The board of the receiving district, or
23 the superintendent with the board's authority to
24 approve applications only, shall take action to
25 approve or disapprove the request no later than March
26 1 of the preceding school year. The board of the
27 receiving district shall enroll the pupil in a school
28 in the receiving district for the following school
29 year unless the receiving district does not have

30 classroom space for the pupil. If the request is
31 granted, the board shall transmit a copy of the form
32 to the parent or guardian and the school district of
33 residence within five days after board action, but not
34 later than March 1 of the preceding school year. The
35 parent or guardian may withdraw the request at any
36 time prior to the start of the school year. A denial
37 of a request by the board of a receiving district is
38 not subject to appeal.
39 Sec. . Section 282.18, subsection 3, unnumbered
40 paragraph 2, Code 2001, is amended to read as follows:
41 A parent or guardian, whose request has been denied
42 because of a desegregation order or plan, may appeal
43 the decision of the superintendent to the board of the
44 district in which the request was denied. The board
45 may either uphold or overturn the superintendent's
46 decision. A decision of the board to uphold the
47 denial of the request is subject to appeal under
48 section 290.1 to the district court in the county in
49 which the primary business office of the district is
50 located.

Page 3

1 Sec. . Section 282.18, subsections 4 and 5,
2 Code 2001, are amended by striking the subsections and
3 inserting in lieu thereof the following:
4 4. a. After January 1 of the preceding school
5 year and until the third Friday in September of that
6 calendar year, the parent or guardian shall send
7 notification to the district of residence and the
8 receiving district, on forms prescribed by the
9 department of education, that good cause, as defined
10 in paragraph "b", exists for failure to meet the
11 January 1 deadline. The board of the receiving
12 district shall take action to approve the request if
13 good cause exists. If the request is granted, the
14 board shall transmit a copy of the form to the parent
15 or guardian and the school district of residence
16 within five days after board action. A denial of a
17 request by the board of a receiving district is not
18 subject to appeal.
19 b. For purposes of this section, "good cause"
20 means a change in a child's residence due to a change
21 in family residence, a change in the state in which
22 the family residence is located, a change in a child's
23 parents' marital status, a guardianship or custody
24 proceeding, placement in foster care, adoption,
25 participation in a foreign exchange program, or
26 participation in a substance abuse or mental health
27 treatment program, a change in the status of a child's
28 resident district such as removal of accreditation by

29 the state board, surrender of accreditation, or
30 permanent closure of a nonpublic school, the failure
31 of negotiations for a whole-grade sharing,
32 reorganization, dissolution agreement or the rejection
33 of a current whole-grade sharing agreement, or
34 reorganization plan. If the good cause relates to a
35 change in status of a child's school district of
36 residence, however, action by a parent or guardian
37 must be taken to file the notification within forty-
38 five days of the last board action or within thirty
39 days of the certification of the election, whichever
40 is applicable to the circumstances.
41 c. If a resident district believes that a
42 receiving district is unreasonable in approving
43 applications submitted in accordance with this
44 subsection, the resident district may request that the
45 department review and take appropriate action.
46 5. Open enrollment applications filed after
47 January 1 of the preceding school year that do not
48 qualify for good cause as provided in subsection 4
49 shall be subject to the approval of the board of the
50 resident district and the board of the receiving

Page 4

1 district. The parent or guardian shall send
2 notification to the district of residence and the
3 receiving district that the parent or guardian seeks
4 to enroll the parent's or guardian's child in the
5 receiving district. A decision of either board to
6 deny an application filed under this subsection
7 involving repeated acts of harassment of the student
8 or serious health condition of the student that the
9 resident district cannot adequately address is subject
10 to appeal under section 290.1. The state board shall
11 exercise broad discretion to achieve just and
12 equitable results that are in the best interest of the
13 affected child or children.
14 Sec. . Section 282.18, subsection 6, Code 2001,
15 is amended to read as follows:
16 6. A request under this section is for a period of
17 not less than one year. If the request is for more
18 than one year and the parent or guardian desires to
19 have the pupil enroll in a different district, the
20 parent or guardian may petition the current receiving
21 district by January 1 of the previous school year for
22 permission to enroll the pupil in a different district
23 for a period of not less than one year. Upon receipt
24 of such a request, the current receiving district
25 board may act on the request to transfer to the other
26 school district at the next regularly scheduled board
27 meeting after the receipt of the request. The new

28 receiving district shall enroll the pupil in a school
29 in the district unless there is insufficient classroom
30 space in the district or unless enrollment of the
31 pupil would adversely affect the court-ordered or
32 voluntary desegregation plan of the district. A
33 denial of a request to change district enrollment
34 within the approved period is not subject to appeal
35 under section 290.1. However, a pupil who has been in
36 attendance in another district under this section may
37 return to the district of residence and enroll at any
38 time, once the parent or guardian has notified the
39 district of residence and the receiving district in
40 writing of the decision to enroll the pupil in the
41 district of residence.
42 Sec. . Section 282.18, subsection 14, Code
43 2001, is amended to read as follows:
44 14. If a pupil, for whom a request to transfer has
45 been filed with a district, has been suspended or
46 expelled in the district, the pupil shall not be
47 permitted to transfer until the pupil has been
48 reinstated in the sending district. Once the pupil
49 has been reinstated, however, the pupil shall be
50 permitted to transfer in the same manner as if the

Page 5

1 pupil had not been suspended or expelled by the
2 sending district. If a pupil, for whom a request to
3 transfer has been filed with a district, is expelled
4 in the district, the pupil shall be permitted to
5 transfer to a receiving district under this section if
6 the pupil applies for and is reinstated in the sending
7 district. However, if the pupil applies for
8 reinstatement but is not reinstated in the sending
9 district, the receiving district may deny the request
10 to transfer. The parent or guardian of the pupil
11 shall be permitted to appeal the decision of the
12 receiving district to the director of the department
13 of education. If the director rules in favor of
14 permitting the transfer, the pupil shall be permitted
15 to transfer, but the transfer shall be conditioned
16 upon the expiration of the expulsion period without
17 the pupil incurring a new violation is not subject to
18 appeal.
19 Sec. . Section 282.18, subsection 16, Code
20 2001, is amended by striking the subsection and
21 inserting in lieu thereof the following:
22 16. An application for open enrollment may be
23 granted at any time with approval of the resident and
24 receiving districts.
25 Sec. ___. Section 282.18, subsection 18, Code
26 2001, is amended by striking the subsection."

27 3. Page 18, by striking line 30 and inserting the
28 following:
29 "Sec. ___. Sections 256.34 and 260C.70, Code 2001,
30 are repealed."
31 4. Page 18, by inserting after line 30 the
32 following:
33 "Sec. 101. WHOLE-GRADE SHARING AGREEMENT DEADLINE
34 WAIVER. Notwithstanding sections 282.10 and 282.11,
35 the department of education may, at the department's
36 discretion, waive any of the deadline requirements of
37 sections 282.10 and 282.11, relating to the signing of
38 a whole-grade sharing agreement by the boards of two
39 or more school districts involved in the agreement and
40 the public notice and hearing requirements, if one of
41 the districts involved in the agreement has an
42 enrollment of less than two hundred. This section is
43 repealed July 1, 2002.
44 Sec. ___. EFFECTIVE DATE - APPLICABILITY.
45 Section 101 of this Act, relating to a waiver for
46 whole-grade sharing agreement deadlines, being deemed
47 of immediate importance, takes effect upon enactment
48 and applies from the date of enactment to June 30,
49 2002."
50 5. Title page, line 2, by striking the words "an

Page 6

1 effective date" and inserting the following:
2 "effective and applicability dates".

Gipp of Winneshiek offered the following amendment H-8225, to
amendment H-8215, filed by him and moved its adoption:

H-8225

1 Amend the amendment, H-8215, to House File 2515 as
2 follows:
3 1. Page 2, lines 39 and 40, by striking the words
4 and figure: "unnumbered paragraph 2,".
5 2. Page 2, by inserting after line 40 the
6 following:
7 "3. In all districts involved with voluntary or
8 court-ordered desegregation, minority and nonminority
9 pupil ratios shall be maintained according to the
10 desegregation plan or order. The superintendent of a
11 district subject to voluntary or court-ordered
12 desegregation may deny a request for transfer under
13 this section if the superintendent finds that
14 enrollment or release of a pupil will adversely affect
15 the district's implementation of the desegregation
16 order or plan, unless the transfer is requested by a

17 pupil whose sibling is already participating in open
18 enrollment to another district. If, however, a
19 transfer request would facilitate a voluntary or
20 court-ordered desegregation plan, the district shall
21 give priority to granting the request over other
22 requests."

Amendment H-8225 was adopted.

Brunkhorst of Bremer offered the following amendment H-8224, to
amendment H-8215, filed by him and moved its adoption:

H-8224

1 Amend the amendment, H-8215, to House File 2515 as
2 follows:
3 1. Page 4, line 35, by striking the words and
4 figure "under section 290.1" and inserting the
5 following: "under section 290.1".
6 2. Page 5, by inserting after line 26 the
7 following:
8 " . Page 10, by striking lines 27 and 28 and
9 inserting the following: "a matter of law or fact, or
10 a decision or order of a board of directors under
11 section 282.18, subsection 5, may, within thirty days
12 after"."
13 3. By renumbering as necessary.

Amendment H-8224 was adopted.

On motion by Brunkhorst of Bremer, amendment H-8215, as
amended, was adopted placing out of order amendment H-8211,
previously deferred, filed by Cohoon of Des Moines on March 7, 2002.

Cohoon of Des Moines asked and received unanimous consent to
withdraw amendment H-8213 filed by him on March 7, 2002.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8126 filed by Richardson, et al., on February
27, 2002.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8197 filed by Richardson, et al., on March 5,
2002.

Brunkhorst of Bremer 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. 2515)

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 Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman 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 Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup 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, 5:
Brauns Garman Klemme Teig
Witt

 

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

House File 2539, a bill for an act relating to trusts and estates
and their relationship to medical assistance benefits, the right to
disclaim on behalf of a ward, the creation of total return unitrusts,
and providing an effective date, was taken up for consideration.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8191 filed by him and Kettering of Sac on
March 5, 2002.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8205 filed by him on March 6, 2002.

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

On the question "Shall the bill pass?" (H.F. 2539)

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 Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman 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 Schrader Seng
Shey Shoultz Sievers Smith
Stevens Sukup 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, 5:
Brauns Garman Klemme Teig
Witt

 


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 2515 and 2539.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on March 13,
2002. Had I been present, I would have voted "aye" on House Files
2202, 2459, 2541, 2574, 2578 and 2584.

HEATON of Henry

I was necessarily absent from the House chamber on March 12,
2002. Had I been present, I would have voted "aye" on House Files
661, 2418, 2430, 2447, 2448, 2506, 2507, 2510, 2514, 2518, 2547,
2549, 2552, 2553, 2563 and 2565.

HOFFMAN of Crawford

I was necessarily absent from the House chamber on March 13,
2002. Had I been present, I would have voted "aye" on House Files
2202, 2459, 2541, 2574, 2578 and 2584.

VAN FOSSEN of Scott

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Thirty-eight 4-H students from Benton, Iowa, Poweshiek and
Tama Counties, accompanied by Nancy Allen. By Carroll of
Poweshiek.

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\686 Dan Getz, Keokuk - For being named to the SEI Superconference
all-conference first team for boys' basketball in the South Division.

2002\687 Daniel Riney, Keokuk - For being named to the SEI
Superconference all-conference second team for boys' basketball in
the South Division.

2002\688 Nathan Beaird, Keokuk - For being selected honorable mention
member of the SEI Superconference all-conference team for boys'
basketball in the South Division.

2002\689 Jacob Calhoun, Keokuk - For being selected honorable mention
member of the SEI Superconference all-conference team for boys'
basketball in the South Division.

2002\690 Ben Vogel, Central Lee High School - For being named to the SEI
Superconference all-conference first team for boys' basketball in the
West Division.

2002\691 Joel Ridgway, Central Lee High School - For being named to the
SEI Superconference all-conference first team for boys' basketball
in the West Division.

2002\692 Jason Gabel, Central Lee High School - For being named to the SEI
Superconference all-conference second team for boys' basketball in
the West Division.

2002\693 Adam Fett, Central Lee High School - For being selected an
honorable mention member of the SEI Superconference all-
conference team for boys' basketball in the West Division.

2002\694 Matt Hulsebus, Central Lee High School - For being selected an
honorable mention member of the SEI Superconference all-
conference team for boys' basketball in the West Division.

2002\695 Clay Voss, Central Lee High School - For being named Coach of the
Year in the West Division, boys' basketball.

2002\696 Kyle Riddle, Keokuk - For being selected to the all-Southeast
Conference second team in wrestling.

2002\697 Shane Wheatley, Keokuk - For being selected to the all-Southeast
Conference second team in wrestling.

2002\698 Brett Lindner, Keokuk - For being selected to the all-Southeast
Conference second team in wrestling.

2002\699 Zach Franklin, Keokuk - For being selected to the all-Southeast
Conference second team in wrestling.

2002\700 Marcus Edler, Keokuk - For being selected to the all-Southeast
Conference second team in wrestling.

2002\701 Adam Borders, Keokuk - For being recognized by the Keokuk
Rotary as a Rotary Student Scholar.

2002\702 Lindy Russell, Keokuk - For being recognized by the Keokuk Rotary
as a Rotary Student Leader.

2002\703 Esther Doane, Riceville - For celebrating her 90th birthday.

2002\704 Irene Junge, Grundy Center - For celebrating her 102nd birthday.

2002\705 Ludmilla Dvorak, Traer - For celebrating her 86th birthday.

2002\706 Lola and Clifford Berner, Maquoketa - For celebrating their 50th
wedding anniversary.

2002\707 Walter and Dorothy Brockway, Waterloo - For celebrating their 50th
wedding anniversary.

2002\708 Bob and Verdie Kressig, Waterloo - For celebrating their 55th
wedding anniversary.

2002\709 Vyla Blough, Waterloo - For celebrating her 90th birthday.

2002\710 Harold Bravender, Waterloo - For celebrating his 80th birthday.

SUBCOMMITTEE ASSIGNMENTS

Senate File 503

Agriculture: Boggess, Chair; Johnson and Mertz.

Senate File 2106

Human Resources: Brunkhorst, Chair; Carroll and Kreiman.

Senate File 2152

Education: Sukup, Chair; Cohoon and Tymeson.

Senate File 2178

Labor and Industrial Relations: Dolecheck, Chair; Dotzler and Horbach.

Senate File 2205

Human Resources: Boal, Chair; Atteberry and Tymeson.


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 COMMERCE AND REGULATION

Senate File 2133, a bill for an act relating to real estate brokers, including
defining the activities of a real estate broker, licensure and insurance coverage, and
providing a penalty.

Fiscal Note is not required.

Recommended Do Pass March 12, 2002.

COMMITTEE ON EDUCATION

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.

Fiscal Note is not required.

Recommended Do Pass March 13, 2002.

Senate File 2228, a bill for an act relating to utilization of school district moneys
for physical plant and equipment levy purposes.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8284 March 13, 2002.

COMMITTEE ON JUDICIARY

Senate File 415, a bill for an act relating to the jurisdiction of district associate
judges.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8280 March 12, 2002.

Senate File 2034, a bill for an act relating to the filing of a criminal indictment or
trial information against a person who is not present in the state.


Fiscal Note is not required.

Recommended Do Pass March 12, 2002.

Senate File 2098, a bill for an act relating to the criminal offense of unauthorized
computer access and criminal mischief, and providing a penalty.

Fiscal Note is not required.

Recommended Do Pass March 12, 2002.

Senate File 2197, a bill for an act prohibiting a registered sex offender from
residing near a school or child care facility, and providing a penalty.

Fiscal Note is not required.

Recommended Do Pass March 12, 2002.

Senate File 2272, a bill for an act providing for agricultural land held by
individuals lawfully admitted into the United States for permanent residence, and
making penalties applicable.

Fiscal Note is not required.

Recommended Do Pass March 12, 2002.

Senate File 2288, a bill for an act relating to the appointment of an acting or a
temporary county attorney.

Fiscal Note is not required.

Recommended Do Pass March 12, 2002.

COMMITTEE ON STATE GOVERNMENT

Senate File 2124, a bill for an act relating to the department of public defense by
amending the state military code and the Iowa code of military justice, creating a
statewide mutual aid compact, providing for the confidentiality of certain records,
exempting the department of public defense from certain state service contract
requirements and state competitive bidding requirements, exempting the Iowa
technology center from anticompetition provisions, increasing a standing
appropriation, providing criminal penalties for violations, and providing effective dates.

Fiscal Note is not required.

Recommended Do Pass March 13, 2002.

AMENDMENTS FILED

H-8278 H.F. 2585 Boal of Polk
Heaton of Henry
Reynolds of Van Buren

H-8279 H.F. 2493 Eichhorn of Hamilton
H-8280 S.F. 415 Committee on Judiciary
H-8281 H.F. 2499 Johnson of Osceola
H-8283 H.F. 2090 Dotzler of Black Hawk
H-8284 S.F. 2228 Committee on Education
H-8285 H.F. 2572 Warnstadt of Woodbury
H-8286 S.F. 2197 Eichhorn of Hamilton
H-8287 S.F. 2152 Mascher of Johnson
H-8289 S.F. 429 Dix of Butler
H-8290 S.F. 2179 Ford of Polk
Brunkhorst of Bremer

On motion by Rants of Woodbury the House adjourned at 7:38
p.m., until 8:45 a.m., Thursday, March 14, 2002.

Previous Day: Tuesday, March 12Next Day: Thursday, March 14
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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