House Journal: Monday, March 18, 2002
JOURNAL OF THE HOUSE
Sixty-fourth Calendar Day - Forty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, March 18, 2002
The House met pursuant to adjournment at 1:05 p.m., Carroll of
Poweshiek in the chair.
Prayer was offered by the Honorable Dan Boddicker, state
representative from Cedar County. The "Lords Prayer" was sung by
John Feller, former House Doorkeeper from Des Moines.
The Journal of Friday, March 15, 2002 was approved.
PLEDGE OF ALLEGIANCE
Prior to convening the flags and the Pledge of Allegiance was led
by Girl Scout Troops 101 from Twin Cedars School District of Bussey.
They were accompanied by their troop leader, Carol Hoehns, and
Troop 176 from Orchard Hill Elementary of Cedar Falls. They were
the guests of Representative Janet Metcalf of Polk County and
Representative Bill Witt of Black Hawk County.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Cohoon of Des Moines, Greimann of Story, Lensing of Johnson and O'Brien of
Boone on request of Myers of Johnson; Osterhaus of Jackson on request of Bukta of
Clinton; Baudler of Adair, until his arrival, and Jones of Mills on request of Rants of
Woodbury.
CONSIDERATION OF BILLS
Unfinished Business Calendar
House File 2405, a bill for an act relating to the acquisition and
holding of agricultural land by qualified enterprises, by providing for
activities related to baby chicks and fertilized chicken eggs, providing
penalties, and providing an effective date, was taken up for
consideration.
Fallon of Polk asked and received unanimous consent that
amendment H-8293 be deferred.
Fallon of Polk offered the following amendment H-8124 filed by
him and moved its adoption:
H-8124
1 Amend House File 2405 as follows:
2 1. Page 1, line 32, by striking the words "an
3 ownership or" and inserting the following: "a".
4 2. Page 2, by inserting after line 28, the
5 following:
6 " . The lease executed by the qualified
7 enterprise terminates no later than twelve years from
8 the date that the qualified enterprise files a notice
9 with the secretary of state as provided in this
10 section. The lease shall not be renewed or otherwise
11 continued to a date that is later than twelve years
12 from the date that the qualified enterprise files the
13 notice with the secretary of state."
14 3. By renumbering as necessary.
Amendment H-8124 lost.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8293, previously deferred, filed by him on March 14,
2002.
SENATE FILE 2210 SUBSTITUTED FOR HOUSE FILE 2405
Johnson of Osceola asked and received unanimous consent to
substitute Senate File 2210 for House File 2405.
Senate File 2210, a bill for an act relating to the acquisition and
holding of agricultural land by qualified enterprises, by providing for
activities related to baby chicks and fertilized chicken eggs, providing
penalties, and providing an effective date, was taken up for
consideration.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8127 filed by him on February 27, 2002.
Johnson of Osceola moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 2210)
The ayes were, 75:
|
Alons | Atteberry | Bell | Boal |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Chiodo | Connors | Cormack |
|
De Boef | Dix | Dolecheck | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Finch | Foege | Frevert | Gipp |
|
Hahn | Hansen | Hatch | Heaton |
|
Hoffman | Horbach | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Johnson |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Manternach | Mascher |
|
May | Mertz | Metcalf | Millage |
|
Myers | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Richardson | Roberts | Schrader | Seng |
|
Shey | Sievers | Smith | Stevens |
|
Sukup | Taylor, D. | Taylor, T. | Tymeson |
|
Tyrrell | Van Engelenhoven | Warnstadt | Weidman |
|
Wilderdyke | Wise | Carroll, |
|
| | Presiding |
|
|
The nays were, 13:
|
Arnold | Boddicker | Bukta | Fallon |
|
Garman | Jochum | Murphy | Reynolds |
|
Scherrman | Shoultz | Tremmel | Winckler |
|
Witt |
|
|
Absent or not voting, 12:
|
Baudler | Cohoon | Ford | Greimann |
|
Grundberg | Jones | Lensing | O'Brien |
|
Osterhaus | Siegrist, Spkr. | 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 2405 WITHDRAWN
Johnson of Osceola asked and received unanimous consent to
withdraw House File 2405 from further consideration by the House.
House File 2362, a bill for an act authorizing all counties not
served by a permanent state department of transportation facility to
issue driver's licenses, nonoperator identification cards, and persons
with disabilities identification devices under certain conditions, was
taken up for consideration.
Weidman of Cass offered the following amendment H-8096 filed by
him and moved its adoption:
H-8096
1 Amend House File 2362 as follows:
2 1. Page 4, line 7, by striking the letter "a."
3 and inserting the following: "1."
4 2. Page 4, line 13, by striking the letter "b."
5 and inserting the following: "2."
Amendment H-8096 was adopted.
SENATE FILE 2156 SUBSTITUTED FOR HOUSE FILE 2362
Weidman of Cass asked and received unanimous consent to
substitute Senate File 2156 for House File 2362.
Senate File 2156, a bill for an act authorizing all counties not
served by a permanent state department of transportation facility to
issue driver's licenses, nonoperator identification cards, and persons
with disabilities identification devices under certain conditions, was
taken up for consideration.
Weidman of Cass 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. 2156)
The ayes were, 85:
|
Alons | Arnold | Atteberry | Bell |
|
Boal | Boddicker | Boggess | Bradley |
|
Brauns | Broers | Brunkhorst | Bukta |
|
Chiodo | Connors | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Frevert | Garman | Gipp |
|
Hahn | Hansen | Hatch | Heaton |
|
Hoffman | Horbach | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Johnson | Kettering | Klemme | Kreiman |
|
Kuhn | Larkin | Larson | Manternach |
|
Mascher | May | Mertz | Metcalf |
|
Millage | 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 | Warnstadt | Weidman |
|
Wilderdyke | Winckler | Wise | Witt |
|
Carroll, |
|
Presiding |
|
|
The nays were, 2:
Absent or not voting, 13:
|
Baudler | Cohoon | Ford | Greimann |
|
Grundberg | Jones | Lensing | Myers |
|
O'Brien | Osterhaus | Siegrist, Spkr. | 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 2362 WITHDRAWN
Weidman of Cass asked and received unanimous consent to
withdraw House File 2362 from further consideration by the House.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 2156 and 2210.
The House stood at ease at 1:50 p.m., until the fall of the gavel.
The House resumed session at 4:12 p.m., Dix of Butler in the chair.
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 18, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2082, a bill for an act expanding the time periods within which
watercraft must be registered after a sale or transfer and within which watercraft may
be operated without an identification number.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2151, a bill for an act adding certain information concerning school
security or emergency preparedness to the list of public records kept confidential.
Also: That the Senate has on March 18, 2002, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2153, a bill for an act relating to presentation of victim impact
statements at criminal sentencing hearings.
Also: That the Senate has on March 18, 2002, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2190, a bill for an act relating to the procedural requirements for foreign
and international adoption, providing for applicability, and providing an effective date.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2230, a bill for an act relating to sentences of incarceration for third or
subsequent operating-while-intoxicated motor vehicle offenses.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2394, a bill for an act eliminating teacher licensure of community college
faculty; requiring community colleges to develop, approve, and implement a quality
faculty plan; and providing for related matters and effective dates.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2417, a bill for an act relating to statewide standards, site-specific
cleanup standards, and public participation in the Iowa land recycling and
environmental remediation standards Act.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2538, a bill for an act relating to campaign finance, including a reporting
threshold for filing organizational committee statements, providing for the filing of
reports with the Iowa ethics and campaign disclosure board, providing a document
retention period, and relating to certain signature requirements, and providing
effective dates.
MICHAEL E. MARSHALL, Secretary
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty members present, forty absent.
Unfinished Business Calendar
House File 2411, a bill for an act relating to the reorganization or
dissolution of area education agencies and providing an effective date,
was taken up for consideration.
SENATE FILE 2260 SUBSTITUTED FOR HOUSE FILE 2411
Brunkhorst of Bremer asked and received unanimous consent to
substitute Senate File 2260 for House File 2411.
Senate File 2260, a bill for an act relating to the reorganization
or dissolution of area education agencies and providing an effective
date, was taken up for consideration.
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?" (S.F. 2260)
The ayes were, 91:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Connors |
|
Cormack | De Boef | Dolecheck | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Fallon | Finch | Foege | Ford |
|
Frevert | Garman | Gipp | Grundberg |
|
Hahn | Hansen | Hatch | Heaton |
|
Hoffman | Horbach | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Johnson | Kettering | Klemme | Kreiman |
|
Kuhn | Larkin | Larson | Manternach |
|
May | Mertz | Metcalf | Millage |
|
Murphy | Myers | 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 | Witt | Dix, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 9:
|
Cohoon | Greimann | Jones | Lensing |
|
Mascher | O'Brien | Osterhaus | Siegrist, Spkr. |
|
Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 2411 WITHDRAWN
Brunkhorst of Bremer asked and received unanimous consent to
withdraw House File 2411 from further consideration by the House.
House File 2450, a bill for an act providing for the issuance of
out-of-hospital do-not-resuscitate orders and making penalties
applicable, was taken up for consideration.
SENATE FILE 2155 SUBSTITUTED FOR HOUSE FILE 2450
Hoversten of Woodbury asked and received unanimous consent to
substitute Senate File 2155 for House File 2450.
Senate File 2155, a bill for an act providing for the issuance of
out-of-hospital do-not-resuscitate orders and making penalties
applicable, was taken up for consideration.
Hoversten of Woodbury 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. 2155)
The ayes were, 91:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Connors |
|
Cormack | De Boef | Dolecheck | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Fallon | Finch | Foege | Ford |
|
Frevert | Garman | Gipp | Grundberg |
|
Hahn | Hansen | Hatch | Heaton |
|
Hoffman | Horbach | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Manternach | Mascher |
|
May | Mertz | Metcalf | Millage |
|
Murphy | Myers | 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 | Witt | Dix, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 9:
|
Cohoon | Greimann | Johnson | Jones |
|
Lensing | O'Brien | Osterhaus | Siegrist, Spkr. |
|
Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 2450 WITHDRAWN
Hoversten of Woodbury asked and received unanimous consent to
withdraw House File 2450 from further consideration by the House.
House File 2535, a bill for an act creating a new category of
confidential public records in the custody of certain airports, utilities,
or water districts, and allowing a governmental body to hold a closed
session to discuss such confidential records, was taken up for
consideration.
Cormack of Webster offered amendment H-8198 filed by him as
follows:
H-8198
1 Amend House File 2535 as follows:
2 1. Page 1, line 4, by inserting after the word
3 "airport," the following: "municipal corporation,".
4 2. Page 1, line 7, by inserting after the word
5 and figure "subsection 43." the following: "This
6 paragraph is repealed effective June 30, 2007."
7 3. Page 1, line 10, by inserting after the word
8 "airport," the following: "municipal corporation,".
9 4. Page 1, line 15, by inserting after the word
10 "airport," the following: "municipal corporation,".
11 5. Page 1, line 25, by inserting after the word
12 "airport," the following: "municipal corporation,".
13 6. Title page, line 2, by inserting after the
14 word "airports," the following: "municipal
15 corporations,".
Cormack of Webster offered the following amendment H-8312, to
amendment H-8198, filed by him from the floor and moved its
adoption:
H-8312
1 Amend the amendment, H-8198, to House File 2535, as
2 follows:
3 1. Page 1, line 6, by striking the word
4 "paragraph" and inserting the following:
5 "subsection".
Amendment H-8312 was adopted.
On motion by Cormack of Webster amendment H-8198, as
amended, was adopted.
SENATE FILE 2277 SUBSTITUTED FOR HOUSE FILE 2535
Cormack of Webster asked and received unanimous consent to
substitute Senate File 2277 for House File 2535.
Senate File 2277, a bill for an act creating a new category of
confidential public records in the custody of certain airports,
municipal corporations, utilities, or water districts, and allowing a
governmental body to hold a closed session to discuss such
confidential records, was taken up for consideration.
RULE 31.8 SUSPENDED
Cormack of Webster asked and received unanimous consent to
suspend Rule 31.8, related to the timely filing of amendments, for the
immediate consideration of amendment H-8313.
Cormack of Webster offered the following amendment H-8313 filed
by him from the floor and moved its adoption:
H-8313
1 Amend Senate File 2277, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 8, by striking the words "This
4 subsection" and inserting the following: "This
5 paragraph".
Amendment H-8313 was adopted.
Gipp of Winneshiek in the chair at 5:55 p.m.
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?" (S.F. 2277)
The ayes were, 84:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Connors |
|
Cormack | Dix | Dolecheck | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Finch | Foege | Ford | Frevert |
|
Grundberg | Hahn | Hansen | Hatch |
|
Heaton | Hoffman | Horbach | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Manternach | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Reynolds | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Sievers |
|
Smith | Stevens | Sukup | Taylor, D. |
|
Taylor, T. | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Wilderdyke | Wise | Witt | Gipp, |
|
| | | Presiding |
|
|
The nays were, 7:
|
De Boef | Fallon | Garman | Jochum |
|
Mascher | Richardson | Winckler |
|
|
Absent or not voting, 9:
|
Cohoon | Greimann | Johnson | Jones |
|
Lensing | O'Brien | Osterhaus | Siegrist, Spkr. |
|
Teig | |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 2535 WITHDRAWN
Cormack of Webster asked and received unanimous consent to
withdraw House File 2535 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 18, 2002, amended and passed the following bill in which the concurrence of the
House is asked:
House File 2246, a bill for an act relating to administrative procedures of county
treasurers for property taxation and vehicle registration.
MICHAEL E. MARSHALL, Secretary
Regular Calendar
Senate File 2201, a bill for an act relating to nonsubstantive Code
corrections and including effective and retroactive applicability
provisions, with report of committee recommending passage, was
taken up for consideration.
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?" (S.F. 2201)
The ayes were, 91:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Fallon | Finch | Foege |
|
Ford | Frevert | Garman | Grundberg |
|
Hahn | Hansen | Hatch | Heaton |
|
Hoffman | Horbach | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Manternach | Mascher |
|
May | Mertz | Metcalf | Millage |
|
Murphy | Myers | 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 | Witt | Gipp, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 9:
|
Cohoon | Greimann | Johnson | Jones |
|
Lensing | O'Brien | Osterhaus | Siegrist, Spkr. |
|
Teig |
|
|
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:
Carroll of Poweshiek on request of Rants of Woodbury.
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, with report of
committee recommending passage, was taken up for consideration.
Hansen 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?" (S.F. 2133)
The ayes were, 90:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Chiodo | Connors | Cormack |
|
De Boef | Dix | Dolecheck | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Fallon | Finch | Foege | Ford |
|
Frevert | Garman | Grundberg | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Hoversten | Huseman | Huser |
|
Jacobs | Jenkins | Jochum | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | 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 |
|
Witt | Gipp, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 10:
|
Carroll | Cohoon | Greimann | Johnson |
|
Jones | Lensing | O'Brien | Osterhaus |
|
Siegrist, Spkr. | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
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,
with report of committee recommending passage, was taken up for
consideration.
Petersen of Polk offered the following amendment H-8304 filed by
her and moved its adoption:
H-8304
1 Amend Senate File 2192, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 18, the
4 following:
5 "Sec. . Section 6B.18, Code 2001, is amended to
6 read as follows:
7 6B.18 NOTICE OF APPRAISEMENT - APPEAL OF AWARD -
8 NOTICE OF APPEAL.
9 1. After the appraisement of damages has been
10 delivered to the sheriff by the compensation
11 commission, the sheriff shall give written notice, by
12 ordinary mail, to the condemner and the condemnee of
13 the date on which the appraisement of damages was
14 made, the amount of the appraisement, and that any
15 interested party may, within thirty days from the date
16 of mailing the notice of the appraisement of damages,
17 appeal to the district court by filing notice of
18 appeal with the district court of the county in which
19 the real estate is located and by giving written
20 notice to the sheriff that the appeal has been taken.
21 The sheriff shall endorse the date of mailing of
22 notice upon the original appraisement of damages. At
23 the time of appeal, the appellant shall give written
24 notice that the appeal has been taken to the adverse
25 party, or the adverse party's agent or attorney,
26 lienholders, and the sheriff.
27 2. An appeal of appraisement of damages is deemed
28 to be perfected upon filing of a notice of appeal with
29 the district court within thirty days from the date of
30 mailing the notice of appraisement of damages. The
31 notice of appeal shall be served on the adverse party,
32 or the adverse party's agent or attorney, any
33 lienholders and encumbrancers of the property in the
34 same manner as an original notice within thirty days
35 from the date of filing the notice of appeal unless,
36 for good cause shown, the court grants more than
37 thirty days. If after reasonable diligence, the
38 notice cannot be personally served, the court may
39 prescribe an alternative method of service consistent
40 with due process of law.
41 3. In case of condemnation proceedings instituted
42 by the state department of transportation, when the
43 owner appeals from the assessment made, such notice of
44 appeal shall be served upon the attorney general, or
45 the department general counsel to the state department
46 of transportation, or the chief highway engineer for
47 the department.
48 Sec. . Section 6B.22, Code 2001, is amended to
49 read as follows:
50 6B.22 PLEADINGS ON APPEAL.
Page 2
1 A written petition shall be filed by the plaintiff
2 within twenty thirty days after perfection of the
3 appeal, stating specifically the items of damage and
4 the amount thereof. The court may for good cause
5 shown grant additional time for the filing of the
6 petition. The defendant shall file a written answer
7 to plaintiff's petition, or such other pleadings as
8 may be proper."
9 2. Page 1, by inserting after line 34, the
10 following:
11 "Sec. . Section 6B.33, Code 2001, is amended to
12 read as follows:
13 6B.33 COSTS AND ATTORNEY FEES.
14 The applicant shall pay all costs of the assessment
15 made by the commissioners and reasonable attorney fees
16 and costs incurred by the condemnee as determined by
17 the commissioners if the award of the commissioners
18 exceeds one hundred ten percent of the final offer of
19 the applicant prior to condemnation. The condemnee
20 shall submit an application for fees and costs prior
21 to adjournment of the final meeting of the
22 compensation commission held on the matter. The
23 applicant shall file with the sheriff an affidavit
24 setting forth the most recent offer made to the person
25 whose property is sought to be condemned. Members of
26 such commissions shall receive a per diem of two
27 hundred dollars and actual and necessary expenses
28 incurred in the performance of their official duties.
29 The applicant shall reimburse the county sheriff for
30 the per diem and expense amounts paid by the sheriff
31 to the members. The applicant shall reimburse the
32 owner for the expenses the owner incurred for
33 recording fees, penalty costs for full or partial
34 prepayment of any preexisting recorded mortgage
35 entered into in good faith encumbering the property,
36 and for similar expenses incidental to conveying the
37 property to the applicant. The applicant shall also
38 pay all costs occasioned by the appeal, including
39 reasonable attorney fees to be taxed by the court,
40 unless on the trial thereof the same or a lesser
41 amount of damages is awarded than was allowed by the
42 tribunal from which the appeal was taken."
43 3. Page 6, by inserting after line 2, the
44 following:
45 "Sec. . Section 6B.19, Code 2001, is repealed."
46 4. Title page, line 1, by striking the word
47 "vehicles," and inserting the following: "vehicles
48 and condemnation,".
49 5. By renumbering as necessary.
Amendment H-8304 was adopted.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-8292 filed by Fallon of Polk on March 14, 2002.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-8302 filed by her and Brauns of Muscatine on March
15, 2002.
Huser of Polk offered the following amendment H-8303 filed by
Brauns of Muscatine and moved its adoption:
H-8303
1 Amend Senate File 2192, as passed by the Senate, as
2 follows:
3 1. Page 26, by inserting after line 21 the
4 following:
5 "Sec. . EFFECTIVE DATE. The following
6 provisions of this division of this Act, being deemed
7 of immediate importance, take effect upon enactment:
8 1. The provisions amending sections 321.182,
9 321.190, and 321.196, relating solely to the issuance
10 of a driver's license or nonoperator's identification
11 card to foreign nationals.
12 2. The provision amending section 321.463,
13 relating to the maximum gross weight allowed to be
14 carried on a noninterstate highway by certain
15 livestock vehicles.
16 3. The provision amending section 321E.8, relating
17 to annual permits."
18 2. By renumbering as necessary.
Amendment H-8303 was adopted.
RULE 31.8 SUSPENDED
T. Taylor of Linn asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments, for
the immediate consideration of amendment H-8310.
T. Taylor of Linn offered amendment H-8310 filed by him from the
floor as follows:
H-8310
1 Amend Senate File 2192, as passed by the Senate, as
2 follows:
3 1. Page 26, by inserting before line 22 the
4 following:
5 "DIVISION ___
6 RAILWAYS
7 Sec. . NEW SECTION. 327F.8 CLOSE-CLEARANCE
8 WARNING DEVICES.
9 1. A railroad company shall place a warning device
10 at a location where the close-clearance between a
11 railway owned by the railroad company and a building,
12 machinery, trees, brush, or other object is such that
13 the building, machinery, trees, brush, or other object
14 physically impedes a person who is lawfully riding the
15 side of the train in the course of the person's duties
16 in service to the railroad company from clearing the
17 building, machinery, trees, brush, or other object.
18 2. The warning device shall be placed in a
19 location which provides adequate notice to a person
20 riding the side of a train so that the person may
21 prepare for the close-clearance.
22 3. Placement of a warning device pursuant to this
23 section does not relieve a railroad company from any
24 duties required under chapter 317 or section 327F.27.
25 4. A violation of this section is punishable as a
26 schedule "one" penalty under section 327C.5."
27 2. Title page, line 1, by striking the words
28 "highways and motor vehicles" and inserting the
29 following: "transportation".
30 3. By renumbering as necessary.
Brauns of Muscatine rose on a point of order that amendment
H-8310 was not germane.
The Speaker ruled the point well taken and amendment H-8310
not germane.
Huser of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 2192)
The ayes were, 90:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Chiodo | Connors | Cormack |
|
De Boef | Dix | Dolecheck | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Fallon | Finch | Foege | Ford |
|
Frevert | Garman | Grundberg | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Hoversten | Huseman | Huser |
|
Jacobs | Jenkins | Jochum | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | 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 |
|
Witt | Gipp, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 10:
|
Carroll | Cohoon | Greimann | Johnson |
|
Jones | Lensing | O'Brien | Osterhaus |
|
Siegrist, Spkr. | 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 18, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2109, a bill for an act relating to the regulation of games of skill or
chance and raffles conducted for fundraising by charitable, religious, educational,
public, civic, or patriotic organizations, or other entities, or between individuals.
Also: That the Senate has on March 18, 2002, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2152, a bill for an act eliminating the prospective repeal of the volunteer
emergency services provider death benefit and providing an effective date.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2317, a bill for an act relating to restrictions on advertising devices
placed along interstate highways and providing a delayed effective date.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2409, a bill for an act relating to election misconduct and providing
criminal penalties.
Also: That the Senate has on March 18, 2002, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2467, a bill for an act providing for licensure sanctions against
defaulters of designated loan and scholarship programs.
MICHAEL E. MARSHALL, Secretary
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 2133, 2155, 2192, 2201, 2260 and 2277.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on March 18,
2002. Had I been present, I would have voted "aye" on Senate Files
2210 and 2156.
BAUDLER of Adair
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
bills have 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 14th day of March, 2002: House Files 2338 and 2475.
Also presented to the Govenor for his approval on this 18th day of March, 2002:
House File 2487.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 15, 2002, he approved and transmitted to the Secretary of
State the following bill:
House File 2395, an act relating to child support including provisions relating to
medical support and the calculation of the child support amount relative to receipt of
federal social security benefits, providing an effective date, and providing for
retroactive applicability.
Also: That on March 18, 2002, he approved and transmitted to the
Secretary of State the following bills:
House File 2338, 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.
House File 2475, an act providing for the establishment and perfection of a security
interest in certain education loans.
Senate File 2145, an act relating to terminology and eligibility for assistance under
the sewage treatment and drinking water facilities financing program.
COMMUNICATION RECEIVED
The following communication was received and filed in the office of
the Chief Clerk:
DEPARTMENT OF PERSONNEL
An Interim Report regarding the Early Termination Program, pursuant to Senate
File 551, 2001 Second Extraordinary Session.
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\751 Ella Tolsma, Inwood - For celebrating her 100th birthday.
2002\752 Hildegarde Ullrich, Mapleton - For celebrating her 90th birthday.
2002\753 Wilfred Berning, Mapleton - For celebrating his 80th birthday.
2002\754 Marie Dubrall, Manilla - For celebrating her 103rd birthday.
2002\755 Selma Carter, Manilla - For celebrating her 92nd birthday.
2002\756 Ina Koenig, Sloan - For celebrating her 90th birthday.
2002\757 Marvin and Elaine Staley, Charter Oak - For celebrating their 50th
wedding anniversary.
2002\758 Eddy and Darlyne Dahleen, Denison - For celebrating their 50th
wedding anniversary.
2002\759 Estelle Joan Leinen, Dow City - For celebrating her 80th birthday.
2002\760 Megan Gort, Rock Valley - For being recipient of the E. Wayne
Cooley Scholarship.
2002\761 Danville Boys Basketball Team, Danville - For being the 2002 Class
2-A Boys State Basketball Champions.
2002\762 Ankeny High School Girls' Basketball Team Members, Coaches,
Managers and Cheerleaders of Ankeny High School - For receiving
1st place in the 2002 Class 4-A State Girls Basketball
Championship.
2002\763 Kenneth and Beverly Martin, Somers - For celebrating their 50th
wedding anniversary.
2002\764 Laura Johnson, Manson - For celebrating her 80th birthday.
2002\765 Dorothy Flugstad, Duncombe - For celebrating her 90th birthday.
2002\766 Florence Housken, Dayton - For celebrating her 95th birthday.
2002\767 Vera Ranniger, Gowrie - For celebrating her 90th birthday.
2002\768 Prairie Valley High School, Gowrie - For achieving I Jazz Band
Rating.
2002\769 Mt. Vernon Academic Decathlon Team Members and Coaches, Mt.
Vernon - For being named the Small School State Champions.
2002\770 Lorraine Zimmerman, Corning - For celebrating her 90th birthday.
2002\771 Howard and Twyla McQueen, Shenandoah - For celebrating their
60th wedding anniversary.
2002\772 Glen Vogel, Lenox - For celebrating his 90th birthday.
2002\773 Leroy and Nadine Dew, Grundy Center - For celebrating their 60th
wedding anniversary.
2002\774 Boyden-Hull Comets and Coach Bill Francis, Hull - For getting 3rd
place in the 2002 1-A State Basketball Tournament.
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 AGRICULTURE
Senate File 503, a bill for an act relating to the construction of facilities or
installation of practices related to open feedlot manure control, and providing an
effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8309 March 13, 2002.
COMMITTEE ON HUMAN RESOURCES
Senate File 2106, a bill for an act relating to marriage including premarital
education and marriage license fees.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H-8305 March 14, 2002.
Senate File 2118, a bill for an act prohibiting certain activities related to the use
or destruction of the materials of human reproduction, and providing penalties.
Fiscal Note is not required.
Recommended Do Pass March 14, 2002.
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.
Fiscal Note is required.
Recommended Do Pass March 14, 2002.
Senate File 2280, a bill for an act relating to the requirements of the department
of human services for certain child welfare services providers.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H-8306 March 14, 2002.
AMENDMENTS FILED
H-8305 S.F. 2106 Committee on Human Resources
H-8306 S.F. 2280 Committee on Human Resources
H-8307 S.F. 2278 Broers of Cerro Gordo
H-8308 H.F. 2481 Broers of Cerro Gordo
H-8309 S.F. 503 Committee on Agriculture
H-8311 S.F. 2296 Reynolds of Van Buren
H-8314 H.F. 2138 Warnstadt of Woodbury
H-8315 H.C.R. 121 Garman of Story
H-8316 H.F. 2190 Senate Amendment
H-8317 H.F. 2153 Senate Amendment
H-8318 S.F. 2144 Chiodo of Polk
Sievers of Scott Boddicker of Cedar
Kettering of Sac Horbach of Tama
Dotzler of Black Hawk Mertz of Kossuth
H-8319 H.F. 2246 Senate Amendment
H-8320 H.F. 2509 Shey of Linn
H-8321 H.F. 2467 Senate Amendment
H-8322 S.F. 2118 Hansen of Pottawattamie
Myers of Johnson
H-8323 H.F. 2152 Senate Amendment
H-8324 S.F. 2197 Grundberg of Polk
On motion by Rants of Woodbury the House adjourned at 5:52
p.m., until 8:45 a.m., Tuesday, March 19, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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