House Journal: Tuesday, March 19, 2002
JOURNAL OF THE HOUSE
Sixty-fifth Calendar Day - Forty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 19, 2002
The House met pursuant to adjournment at 8:44 a.m., Speaker
Siegrist in the chair.
Prayer was sung by former Senate Page, Sarah Carlson, currently
a student at UNI, majoring in vocal performance. She was the guest
of Representative George Eichhorn from Hamilton County.
The Journal of Monday, March 18, 2002 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
O'Brien of Boone on request of Mertz of Kossuth; Osterhaus of Jackson, until his
arrival, Reynolds of Van Buren and Smith of Marshall on request of Bukta of Clinton.
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, amended and passed the following bill in which the concurrence of the
House is asked:
House File 583, a bill for an act relating to the certification of persons providing
water pump services.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2150, a bill for an act relating to the performance of honor guard
services on public property by members of a reserve officer training corps.
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 2192, a bill for an act relating to the establishment of a state agency
work group to develop an interstate prescription drug purchasing cooperative.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2229, a bill for an act relating to use of moneys in the strategic
investment fund.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2399, a bill for an act relating to the requirements of a case permanency
plan for a child in an out-of-home placement who is age sixteen or older.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2453, a bill for an act relating to the offices of the state and county
medical examiners, establishing fees, and making penalties applicable.
Also: That the Senate has on March 18, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:
Senate File 374, a bill for an act relating to the qualifications and authorization of
therapeutically certified optometrists engaged in the practice of optometry.
Also: That the Senate has on March 18, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2315, a bill for an act appropriating state school foundation aid and
making related changes to the state percent of growth for school budgets and to the
funding for area education agencies, and providing an effective date.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGE CONSIDERED
Senate File 2315, by committee on appropriations, a bill for an
act appropriating state school foundation aid and making related
changes to the state percent of growth for school budgets and to the
funding for area education agencies, and providing an effective date.
Read first time and referred to committee on appropriations.
On motion by Rants of Woodbury, the House was recessed at 8:56
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:05 p.m., Speaker pro tempore Sukup in
the chair.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 2231, a bill for an act providing for hospital access to
abuse registries for purposes of employment checks, with report of
committee recommending passage, 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. 2231)
The ayes were, 93:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
Hoversten | Huseman | Huser | Jacobs |
|
Jenkins | Jochum | Johnson | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Mertz | Metcalf | Millage |
|
Murphy | Myers | Osterhaus | Petersen |
|
Quirk | Raecker | Rants | Rayhons |
|
Reeder | Rekow | Richardson | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Stevens | Taylor, D. |
|
Taylor, T. | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Wilderdyke | Winckler | Wise | Witt |
|
Sukup, |
|
Presiding |
|
|
The nays were, none.
Absent or not voting, 7:
|
Ford | Jones | O'Brien | Reynolds |
|
Roberts | Smith | Teig | |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Carroll of Poweshiek called up for consideration House File 2190,
a bill for an act relating to the procedural requirements for foreign
and international adoption, and providing an effective date, amended
by the Senate, and moved that the House concur in the following
Senate amendment H-8316:
H-8316
1 Amend House File 2190, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 144.23, subsection 3,
6 unnumbered paragraph 2, Code 2001, is amended by
7 striking the unnumbered paragraph."
8 2. Page 1, by inserting after line 5, the
9 following:
10 "Sec. . Section 600.13, subsection 5, Code
11 Supplement 2001, is amended to read as follows:
12 5. An interlocutory or a final adoption decree
13 shall be entered with the clerk of court. Such decree
14 shall set forth any facts of the adoption petition
15 which have been proven to the satisfaction of the
16 juvenile court or court and any other facts considered
17 to be relevant by the juvenile court or court and
18 shall grant the adoption petition. If so designated
19 in the adoption decree, the name of the adopted person
20 shall be changed by issuance of that decree. The
21 clerk of the court shall, within thirty days of
22 issuance, deliver one certified copy of any adoption
23 decree to the petitioner, one copy of any adoption
24 decree to the department and any agency or person
25 making an independent placement who placed a minor
26 person for adoption, and one certification of adoption
27 as prescribed in section 144.19 to the state registrar
28 of vital statistics. Upon receipt of the
29 certification, the state registrar shall prepare a new
30 birth certificate pursuant to section 144.23 and
31 deliver to the parents named in the decree and any
32 adult person adopted by the decree a copy of the new
33 birth certificate. The parents shall pay the fee
34 prescribed in section 144.46. If the person adopted
35 was born outside the this state but in the United
36 States, the state registrar shall forward the
37 certification of adoption to the appropriate agency in
38 the state or foreign nation of birth. a copy of any
39 interlocutory adoption decree vacation shall be
40 delivered and another birth certificate shall be
41 prepared in the same manner as a certification of
42 adoption is delivered and the birth certificate was
43 originally prepared."
44 3. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8316.
Carroll of Poweshiek moved that the bill, as amended by the
Senate and concurred in by the House, 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. 2190)
The ayes were, 93:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
Hoversten | Huseman | Huser | Jacobs |
|
Jenkins | Jochum | Johnson | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Mertz | Metcalf | Millage |
|
Murphy | Myers | Osterhaus | Petersen |
|
Quirk | Raecker | Rants | Rayhons |
|
Reeder | Rekow | Richardson | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Stevens | Taylor, D. |
|
Taylor, T. | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Wilderdyke | Winckler | Wise | Witt |
|
Sukup, |
|
Presiding |
|
|
The nays were, none.
Absent or not voting, 7:
|
Ford | Jones | O'Brien | Reynolds |
|
Roberts | Smith | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Regular Calendar
Senate File 2116, a bill for an act relating to the preservation and
enhancement of the state capitol, with report of committee
recommending passage, was taken up for consideration.
Gipp of Winneshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2116)
The ayes were, 93:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
Hoversten | Huseman | Huser | Jacobs |
|
Jenkins | Jochum | Johnson | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Mertz | Metcalf | Millage |
|
Murphy | Myers | Osterhaus | Petersen |
|
Quirk | Raecker | Rants | Rayhons |
|
Reeder | Rekow | Richardson | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Stevens | Taylor, D. |
|
Taylor, T. | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Wilderdyke | Winckler | Wise | Witt |
|
Sukup, |
|
Presiding |
|
|
The nays were, none.
Absent or not voting, 7:
|
Ford | Jones | O'Brien | Reynolds |
|
Roberts | Smith | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Unfinished Business Calendar
House File 2481, a bill for an act relating to analyzing the
confinement and detention needs of jails and other local or regional
confinement facilities, and providing an effective date, was taken up
for consideration.
Broers of Cerro Gordo offered the following amendment H-8308
filed by him and moved its adoption:
H-8308
1 Amend House File 2481 as follows:
2 1. Page 1, by striking lines 1 through 23 and
3 inserting the following:
4 "Sec. . NEW SECTION. 356.36A CONFINEMENT AND
5 DETENTION REPORT - DESIGN PROPOSALS.
6 The division of criminal and juvenile justice
7 planning of the department of human rights, in
8 consultation with the department of corrections, the
9 Iowa state sheriff's association, the Iowa association
10 of chiefs of police and peace officers, a statewide
11 organization representing rural property taxpayers,
12 the Iowa league of cities, and the Iowa board of
13 supervisors association, shall prepare a report
14 analyzing the confinement and detention needs of jails
15 and facilities established pursuant to chapter 356A.
16 The report for each type of jail or facility shall
17 include but is not limited to an inventory of prisoner
18 space, daily prisoner counts, and the compliance
19 status under section 356.36 for each jail or facility.
20 The report shall contain an inventory of recent jail
21 or facility construction projects in which voters have
22 approved the issuance of general obligation bonds,
23 essential county purpose bonds, revenue bonds, or
24 bonds issued pursuant to chapter 422B. The report
25 shall be revised periodically as directed by the
26 administrator of the division of criminal and juvenile
27 justice planning. The first submission of the report
28 shall include recommendations on offender data needed
29 to estimate jail space needs in the next two, three,
30 and five years, on a county, geographic region, and
31 statewide basis, which may be based upon information
32 submitted pursuant to section 356.49.
33 The governing body of a political subdivision shall
34 not appropriate funds to a person to prepare a design
35 proposal for the construction of or major modification
36 to a jail, alternative jail, municipal holding
37 facility, or a facility established pursuant to
38 chapter 356a if the person has a financial interest in
39 the construction or modification. For purposes of
40 this section, "political subdivision" means a county,
41 city, or authority created pursuant to section
42 346.27."
43 2. Title page, line 2, by inserting after the
44 word "facilities," the following: "prohibiting
45 certain financial interests in the construction of a
46 jail or facility,".
Amendment H-8308 was adopted.
SENATE FILE 2278 SUBSTITUTED FOR HOUSE FILE 2481
Broers of Cerro Gordo asked and received unanimous consent to
substitute Senate File 2278 for House File 2481.
Senate File 2278, a bill for an act relating to analyzing the
confinement and detention needs of jails, and other local or regional
confinement facilities, prohibiting certain financial interests in the
construction of a jail or facility, and providing an effective date, was
taken up for consideration.
Broers of Cerro Gordo offered amendment H-8307 filed by him as
follows:
H-8307
1 Amend Senate File 2278, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 27 through 34.
4 2. Title page, by striking lines 3 and 4 and
5 inserting the following: "and providing an effective
6 date."
Grundberg of Polk offered the following amendment H-8328, to
amendment H-8307, filed by her from the floor and moved its
adoption:
H-8328
1 Amend the amendment, H-8307, to Senate File 2278,
2 as amended, passed, and reprinted by the Senate as
3 follows:
4 1. Page 1, by inserting before line 3, the
5 following:
6 " . Page 1, line 14, by inserting after the
7 word "counts," the following: "options for detention
8 of prisoners with mental illness or substance abuse
9 service needs,"".
10 2. By renumbering as necessary.
Amendment H-8328 was adopted.
Tremmel of Wapello offered the following amendment H-8331, to
amendment H-8307, filed by him from the floor and moved its
adoption:
H-8331
1 Amend the amendment, H-8307, to Senate File 2278,
2 as amended, passed, and reprinted by the Senate as
3 follows:
4 1. Page 1, by inserting before line 3, the
5 following:
6 " . Page 1, line 5, by inserting after the word
7 "corrections," the following: "the Iowa county
8 attorneys association,"".
9 2. By renumbering as necessary.
Amendment H-8331 was adopted.
On motion by Broers of Cerro Gordo amendment H-8307, as
amended, was adopted.
Broers of Cerro Gordo moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2278)
The ayes were, 88:
|
Alons | Baudler | Bell | Boal |
|
Boddicker | Boggess | Bradley | Brauns |
|
Broers | Brunkhorst | Bukta | Carroll |
|
Chiodo | Cohoon | Connors | Cormack |
|
De Boef | Dix | Dolecheck | Dotzler |
|
Drake | Eddie | Eichhorn | Elgin |
|
Fallon | Finch | Foege | Frevert |
|
Garman | Gipp | Grundberg | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Hoversten | Huseman | Huser |
|
Jacobs | Jenkins | Jochum | Johnson |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Lensing | Manternach |
|
Mascher | May | Mertz | Metcalf |
|
Millage | Murphy | Myers | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Reeder | Rekow | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Stevens | Taylor, D. |
|
Taylor, T. | Tremmel | Tymeson | Tyrrell |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Sukup, |
|
| | | Presiding |
|
|
The nays were, 5:
|
Arnold | Atteberry | Greimann | Richardson |
|
Van Engelenhoven |
|
|
Absent or not voting, 7:
|
Ford | Jones | O'Brien | Reynolds |
|
Roberts | Smith | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
HOUSE FILE 2481 WITHDRAWN
Broers of Cerro Gordo asked and received unanimous consent to
withdraw House File 2481 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 19, 2002, adopted the following resolution in which the concurrence of the House
is asked:
Senate Concurrent Resolution 115, a concurrent resolution designating March 2002
as Iowa Women's History Month.
MICHAEL E. MARSHALL, Secretary
SPECIAL PRESENTATION
In celebration of "March Women's History Month", the Iowa
Commission on the Status of Women, the Iowa Department of
Education and the State Historical Society of Iowa sponsored a "Write
Women Back Into History" essay contest. Mascher of Johnson and
Grundberg of Polk presented the following winners of the contest:
Sixth and Seventh Grade Category
First Place - Brianna Routh, Parkview Middle School, Ankeny.
Second Place - Kathryn M. Skilton, Nashua Elementary, Nashua.
Third Place - Lauren Davidson, Roosevelt Middle School, Cedar
Rapids.
Eighth and Ninth Grade Category
First Place - Robert Martin, Central Academy, Des Moines.
Second Place - Alyssa Hedrick, Wilson Junior High School, Council
Bluffs.
Third Place - Chelsea Combs, Central Academy, Des Moines.
Best Essays on Women in Science and Engineering
Six and Seventh Grade Category
First Place - Kiersten Ruff, Wilson Junior High School, Council
Bluffs.
Eighth and Ninth Grade Category
First Place - Stephanie Schulze, Goodrell Middle School, Des
Moines.
Second Place - Emily Nagle, Jefferson Junior High School,
Dubuque.
Edith Rose Murphy Sackett Award for the
Best Essay on a Women Volunteer
First Place - Quinnetta Claytor, Central Academy, Des Moines.
The House stood at ease at 2:01 p.m., until the fall of the gavel.
The House resumed session at 3:24 p.m., Carroll of Poweshiek in
the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy members present, thirty
absent.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Jones of Mills on request of Speaker Siegrist; Roberts of Carroll on request of
Brunkhorst of Bremer.
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 19, 2002, amended and passed the following bill in which the concurrence of the
House is asked:
House File 518, a bill for an act relating to jurisdictional changes to small claims
court cases.
Also: That the Senate has on March 19, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2488, a bill for an act relating to the department of elder affairs
including provisions relating to the elder Iowans Act.
Also: That the Senate has on March 19, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2510, a bill for an act relating to the movement of dairy cattle from
livestock markets, and making penalties applicable.
Also: That the Senate has on March 19, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2518, a bill for an act relating to child foster care and adoption
requirements involving licensing periods, foster parent training, and annual reports.
Also: That the Senate has on March 19, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2168, a bill for an act authorizing the state board of regents to issue
bonds to construct, improve, remodel, repair, furnish, and equip inpatient and
outpatient facilities and patient care facilities at the university of Iowa hospitals and
clinics.
MICHAEL E. MARSHALL, Secretary
Rants of Woodbury asked and received unanimous consent for the
immediate consideration of Senate File 2315.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Senate File 2315, a bill for an act appropriating state school foundation aid and
making related changes to the state percent of growth for school budgets and to the
funding for area education agencies, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass March 19, 2002.
CONSIDERATION OF BILLS
Appropriations Calendar
Senate File 2315, a bill for an act appropriating state school
foundation aid and making related changes to the state percent of
growth for school budgets and to the funding for area education
agencies, and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
RULE 31.8 SUSPENDED
Wise of Lee asked and received unanimous consent to suspend
Rule 31.8, related to the timely filing of amendments, for the
immediate consideration of amendment H-8332.
Wise of Lee offered the following amendment H-8332 filed by Wise,
Bukta of Clinton, Cohoon of Des Moines, Foege of Linn, Greimann of
Story, Lensing of Johnson, Mascher of Johnson, Petersen of Polk,
Stevens of Dickinson and Winckler of Scott from the floor and moved
its adoption:
H-8332
1 Amend Senate File 2315, as passed by the Senate, as
2 follows:
3 1. Page 4, line 7, by striking the words "an
4 equal amount" and inserting the following:
5 "$25,000,000".
6 2. Page 4, line 12, by striking the figure
7 "$25,000,000" and inserting the following:
8 "$65,000,000".
9 3. Page 4, by inserting after line 12 the
10 following: "Of the moneys appropriated in this
11 subsection, $40,000,000 shall be appropriated to the
12 department of education for the fiscal year beginning
13 July 1, 2002, and ending June 30, 2003, for purposes
14 of the student achievement and teacher quality program
15 pursuant to chapter 284. Notwithstanding section
16 8.33, any moneys remaining unencumbered or unobligated
17 from the appropriation made in this section shall not
18 revert but shall remain available in the succeeding
19 fiscal year for expenditure for the purposes
20 designated. The provisions of section 8.39 shall not
21 apply to the funds appropriated pursuant to this
22 section."
23 4. Page 4, by striking line 17 and inserting the
24 following: "which is supplanted by the $25,000,000
25 appropriation from the Iowa economic".
Roll call was requested by Wise of Lee and Myers of Johnson.
Rule 75 was invoked.
On the question "Shall amendment H-8332 be adopted?" (S.F.
2315)
The ayes were, 41:
|
Atteberry | Bell | Bukta | Chiodo |
|
Cohoon | Connors | Dotzler | Fallon |
|
Foege | Ford | Frevert | Greimann |
|
Hatch | Huser | Jochum | Kreiman |
|
Kuhn | Larkin | Lensing | Mascher |
|
May | Mertz | Murphy | Myers |
|
Osterhaus | Petersen | Quirk | Reeder |
|
Richardson | Scherrman | Schrader | Seng |
|
Shoultz | Stevens | Taylor, D. | Taylor, T. |
|
Tremmel | Warnstadt | Winckler | Wise |
|
Witt |
|
|
The nays were, 51:
|
Alons | Arnold | Baudler | Boal |
|
Boddicker | Boggess | Bradley | Brauns |
|
Broers | Brunkhorst | Cormack | De Boef |
|
Dolecheck | Drake | Eddie | Eichhorn |
|
Elgin | Finch | Garman | Gipp |
|
Grundberg | Hahn | Hansen | Heaton |
|
Hoffman | Horbach | Hoversten | Huseman |
|
Jacobs | Jenkins | Johnson | Kettering |
|
Klemme | Manternach | Metcalf | Millage |
|
Raecker | Rants | Rayhons | Rekow |
|
Shey | Siegrist, Spkr. | Sievers | Sukup |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Weidman | Wilderdyke | Carroll, |
|
| | Presiding |
|
|
Absent or not voting, 8:
|
Dix | Jones | Larson | O'Brien |
|
Reynolds | Roberts | Smith | Teig |
|
|
Amendment H-8332 lost.
Dolecheck of Ringgold 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. 2315)
The ayes were, 91:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Fallon | Finch | Foege |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
Hoversten | Huseman | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Richardson | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Sievers | Stevens | Taylor, D. | Tremmel |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Weidman | Wilderdyke | Winckler |
|
Wise | Witt | Carroll, |
|
| | Presiding |
|
|
The nays were, 3:
Absent or not voting, 6:
|
Jones | O'Brien | Reynolds | Roberts |
|
Smith | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
Senate File 2315 be immediately messaged to the Senate.
Regular Calendar
Senate File 2288, a bill for an act relating to the appointment of
an acting or a temporary county attorney, with report of committee
recommending passage, was taken up for consideration.
Shey of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 2288)
The ayes were, 92:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Fallon | Finch | Foege |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Richardson | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Sievers | Stevens | Sukup | Taylor, T. |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Carroll, |
|
| | | Presiding |
|
|
The nays were, none.
Absent or not voting, 8:
|
Horbach | Jones | O'Brien | Reynolds |
|
Roberts | Smith | Taylor, D. | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Dolecheck of Ringgold called up for consideration House File
2138, a bill for an act authorizing the college student aid commission
to waive or modify statutory or regulatory provisions applicable to
state financial aid programs for affected students in the event of a
national emergency, amended by the Senate amendment H-8174 as
follows:
H-8174
1 Amend House File 2138, as passed by the House, as
2 follows:
3 1. Page 3, by inserting after line 8 the
4 following:
5 "Sec. . RETROACTIVE APPLICABILITY. This Act
6 applies retroactively to September 11, 2001, and is
7 applicable on and after that date."
8 2. Title page, line 4, by inserting after the
9 word "emergency" the following: "and including a
10 retroactive applicability provision".
11 3. By renumbering as necessary.
Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-8296, to the Senate amendment H-8174,
filed by him on March 14, 2002.
Warnstadt of Woodbury offered the following amendment H-8314,
to the Senate amendment H-8174, filed by him and moved its
adoption:
H-8314
1 Amend the Senate amendment, H-8174, to House File
2 2138, as passed by the House, as follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 1, by inserting before line 1 the
6 following:
7 "Sec. ___. Section 260C.14, Code Supplement 2001,
8 is amended by adding the following new subsection:
9 NEW SUBSECTION. 20. Adopt a policy to offer the
10 following options, at a minimum, to a student who is a
11 member of the Iowa national guard or reserve forces of
12 the United States and who is ordered to active state
13 service or federal service or duty:
14 a. Receive a grade or an incomplete for a course,
15 or an administrative drop with a full or prorated
16 refund, if approved by the instructor.
17 b. Withdraw from all current term courses with a
18 full refund of tuition and fees."
19 . Page 3, by inserting after line 4 the
20 following:
21 "3A. If the commission grants temporary relief to
22 an affected individual in accordance with subsection
23 3, and the individual applies for renewal of
24 eligibility within one year of discharge from active
25 duty, eligibility for state financial assistance shall
26 be reinstated.""
27 2. Page 1, by inserting after line 4 the
28 following:
29 ""Sec. . Section 262.9, Code Supplement 2001,
30 is amended by adding the following new subsection:
31 NEW SUBSECTION. 29. Direct the institutions of
32 higher education under its control to adopt a policy
33 to the following options, at a minimum, to a student
34 who is a member of the Iowa national guard or reserve
35 forces of the United States and who is ordered to
36 active state service or federal service or duty:
37 a. Receive a grade or an incomplete for a course,
38 or an administrative drop with a full or prorated
39 refund, if approved by the instructor.
40 b. Withdraw from all current term courses with a
41 full refund of tuition and fees.""
42 3. Page 1, by striking lines 8 and 9 and
43 inserting the following:
44 " . Title page, by striking lines 1 through 4
45 and inserting the following: "An Act relating to
46 educational benefits and protections for members and
47 families of Iowa national guard or United States
48 reserve forces during activation for federal service
49 or active state service and including a"."
50 4. By renumbering as necessary.
Amendment H-8314 lost.
On motion by Dolecheck of Ringgold the House concurred in the
Senate amendment H-8174.
Dolecheck of Ringgold moved that the bill, as amended by the
Senate and concurred in by the House, 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. 2138)
The ayes were, 92:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Fallon | Finch | Foege |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Richardson | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Sievers | Stevens | Sukup | Taylor, T. |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Carroll, |
|
| | | Presiding |
|
|
The nays were, none.
Absent or not voting, 8:
|
Horbach | Jones | O'Brien | Reynolds |
|
Roberts | Smith | Taylor, D. | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Regular Calendar
Senate File 2167, a bill for an act establishing a health insurance
administration fund relating to the payment of the administrative
costs of state health insurance plans and providing for its prospective
repeal, with report of committee recommending passage, was taken
up for consideration.
Raecker of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 2167)
The ayes were, 91:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Fallon | Finch | Foege |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Heaton | Hoffman | Hoversten | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Johnson | Kettering | Klemme | Kreiman |
|
Kuhn | Larkin | Larson | Lensing |
|
Manternach | Mascher | May | Mertz |
|
Metcalf | Millage | Murphy | Myers |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Richardson | Scherrman | Schrader | Seng |
|
Shey | Shoultz | Siegrist, Spkr. | Sievers |
|
Stevens | Sukup | Taylor, T. | Tremmel |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Weidman | Wilderdyke | Winckler |
|
Wise | Witt | Carroll, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 9:
|
Hatch | Horbach | Jones | O'Brien |
|
Reynolds | Roberts | Smith | Taylor, D. |
|
Teig | |
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
|
Gipp of Winneshiek in the chair at 4:43 p.m.
Senate File 2195, a bill for an act relating to the uniform
anatomical gift Act including the document of gift, the release of
identifying information, donors other than the subject of the
donation, and immunity provisions, with report of committee
recommending passage, was taken up for consideration.
Tymeson of Madison 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. 2195)
The ayes were, 92:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Richardson | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Sievers | Stevens | Sukup | 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, 8:
|
Horbach | Jones | O'Brien | Reynolds |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Unfinished Business Calendar
House File 2509, a bill for an act regarding business corporations,
and providing an effective date, was taken up for consideration.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8275 filed by him on March 12, 2002.
Shey of Linn asked and received unanimous consent to withdraw
amendment H-8229 filed by him on March 11, 2002.
Shey of Linn offered amendment H-8256 filed by him as follows:
H-8256
1 Amend House File 2509 as follows:
2 1. Page 3, line 29, by striking the word "and".
3 2. Page 7, line 6, by inserting before the figure
4 "(1)" the following: "For purposes of this
5 subsection, the following shall apply:"
6 3. Page 8, line 10, by striking the word
7 "holders" and inserting the following: "holders
8 shareholders".
9 4. Page 9, line 18, by inserting before the word
10 "votes" the following: "ballots, proxies, or".
11 5. Page 13, line 17, by striking the word
12 "section" and inserting the following: "subsection".
13 6. Page 13, line 26, by striking the word
14 "section" and inserting the following: "subsection".
15 7. Page 23, line 17, by inserting after the word
16 and figure "subsection 5" the following: ", paragraph
17 a,".
18 8. Page 24, by striking lines 28 and 29 and
19 inserting the following: "the protection afforded by
20 section 490.832 if interposed as a".
21 9. Page 26, by inserting after line 26 the
22 following:
23 "Sec. . Section 490.832, Code 2001, is amended
24 by striking the section and inserting in lieu thereof
25 the following:
26 490.832 DIRECTOR CONFLICT OF INTEREST.
27 1. A conflict of interest transaction is a
28 transaction with the corporation in which a director
29 of the corporation has a direct or indirect interest.
30 A conflict of interest transaction is not voidable by
31 the corporation solely because of the director's
32 interest in the transaction if any one of the
33 following is true:
34 a. The material facts of the transaction and the
35 director's interest were disclosed or known to the
36 board of directors or a committee of the board of
37 directors and the board of directors or committee
38 authorized, approved, or ratified the transaction.
39 b. The material facts of the transaction and the
40 director's interest were disclosed or known to the
41 shareholders entitled to vote and the shareholders
42 authorized, approved, or ratified the transaction.
43 c. The transaction was fair to the corporation.
44 2. For purposes of this section, a director of the
45 corporation has an indirect interest in a transaction
46 if either of the following is true:
47 a. Another entity in which the director has a
48 material financial interest or in which the director
49 is a general partner is a party to the transaction.
50 b. Another entity of which the director is a
Page 2
1 director, officer, or trustee is a party to the
2 transaction and the transaction is or should be
3 considered by the board of directors of the
4 corporation.
5 3. For purposes of subsection 1, paragraph "a", a
6 conflict of interest transaction is authorized,
7 approved, or ratified if it receives the affirmative
8 vote of a majority of the directors on the board of
9 directors or on the committee, who have no direct or
10 indirect interest in the transaction, but a
11 transaction may not be authorized, approved, or
12 ratified under this section by a single director. If
13 a majority of the directors who have no direct or
14 indirect interest in the transaction vote to
15 authorize, approve, or ratify the transaction, a
16 quorum is present for the purpose of taking action
17 under this section. The presence of, or a vote cast
18 by, a director with a direct or indirect interest in
19 the transaction does not affect the validity of any
20 action taken under subsection 1, paragraph "a", if the
21 transaction is otherwise authorized, approved, or
22 ratified as provided in that subsection.
23 4. For purposes of subsection 1, paragraph "b", a
24 conflict of interest transaction is authorized,
25 approved, or ratified if it receives the vote of a
26 majority of the shares entitled to be counted under
27 this subsection. Shares owned by or voted under the
28 control of a director who has a direct or indirect
29 interest in the transaction, and shares owned by or
30 voted under the control of an entity described in
31 subsection 2, paragraph "a", shall not be counted in a
32 vote of shareholders to determine whether to
33 authorize, approve, or ratify a conflict of interest
34 transaction under subsection 1, paragraph "b". The
35 vote of those shares, however, is counted in
36 determining whether the transaction is approved under
37 other sections of this chapter. A majority of the
38 shares, whether or not present, that are entitled to
39 be counted in a vote on the transaction under this
40 subsection constitutes a quorum for the purpose of
41 taking action under this section."
42 10. Page 29, line 17, by striking the word "in"
43 and inserting the following: "as to".
44 11. Page 30, line 20, by striking the words "of
45 the" and inserting the following: "or the".
46 12. Page 30, line 21, by striking the word "of"
47 and inserting the following: "or".
48 13. Page 32, by striking line 29, and inserting
49 the following: "was in the corporation's best
50 interests of the corporation."
Page 3
1 14. Page 32, by striking line 31, and inserting
2 the following: "at least not opposed to the
3 corporation's best interests of the corporation."
4 15. Page 35, lines 6 and 7, by striking the words
5 "Authorizations of payments" and inserting the
6 following: "of payments Authorizations".
7 16. By striking page 41, line 25, through page
8 47, line 11.
9 17. Page 48, line 14, by striking the word
10 "conflict" and inserting the following: "conflict
11 conflicts".
12 18. Page 49, line 31, by striking the word "that"
13 and inserting the following: "that the".
14 19. Page 56, line 13, by striking the word
15 "another" and inserting the following: "an other".
16 20. Page 56, line 19, by striking the word
17 "another" and inserting the following: "an other".
18 21. Page 56, line 31, by striking the word
19 "another" and inserting the following: "an other".
20 22. Page 57, line 30, by striking the word
21 "securities" and inserting the following:
22 "securities,".
23 23. Page 62, lines 5 and 6, by striking the words
24 "an existing" and inserting the following: "a".
25 24. Page 67, line 6, by striking the word
26 "entity" and inserting the following: "entity,".
27 25. Page 68, by inserting after line 9 the
28 following:
29 "Sec. . Section 490.1110, subsection 2,
30 paragraph f, subparagraph (2), subparagraph
31 subdivision (a), Code 2001, is amended to read as
32 follows:
33 (a) A merger of the corporation, other than a
34 merger pursuant to section 490.1104 490.1105.
35 Sec. . Section 490.1110, subsection 3,
36 paragraph c, subparagraph (3), subparagraph
37 subdivision (b), Code 2001, is amended to read as
38 follows:
39 (b) Pursuant to a merger under section 490.1104
40 490.1105."
41 26. Page 71, line 3, by striking the word
42 "presented" and inserting the following: "present".
43 27. Page 72, by inserting after line 16 the
44 following:
45 "With respect to shares of a corporation that is a
46 bank holding company as defined in section 524.1801,
47 the factors identified in section 524.1406, subsection
48 3, paragraph "a", shall also be considered in
49 determining fair value."
50 28. Page 74, lines 25 and 26, by striking the
Page 4
1 words "corporate action taken pursuant to a
2 shareholder vote," and inserting the following:
3 "corporate action taken pursuant to a shareholder
4 vote".
5 29. Page 74, lines 29 through 31, by striking the
6 words "that provides that voting or nonvoting
7 shareholders are entitled to dissent and obtain
8 payment for their shares" and inserting the following:
9 "provides that voting or nonvoting shareholders are
10 entitled to dissent and obtain payment for their
11 shares".
12 30. Page 76, line 2, by striking the word "who:"
13 and inserting the following: "who fulfills either of
14 the following:"
15 31. Page 77, line 4, by striking the figure
16 "490.862" and inserting the following: "490.832".
17 32. Page 82, line 29, by striking the letter
18 ""c"" and inserting the following: ""c",".
19 33. Page 82, by striking line 32, and inserting
20 the following: "490.1325. In addition, a shareholder
21 who wishes to exercise appraisal rights must execute
22 and return the form and, in a case of certificated
23 shares, deposit the shareholder's certificates in".
24 34. Page 83, by striking lines 5 through 8, and
25 inserting the following:
26 "2. The shareholder who demands payment and
27 deposits the shareholder's shares under subsection 1
28 retains all other rights of a shareholder until these
29 rights are canceled or modified by the taking of the
30 proposed corporate action. A".
31 35. Page 83, line 29, by inserting after the
32 figure "(2)," the following: "is due,".
33 36. Page 86, line 33, by striking the word
34 "unsettled" and inserting the following:
35 "unsettled,".
36 37. Page 92, line 3, by inserting before the
37 words "the assets" the following: "if".
38 38. Page 94, line 29, by striking the word "may"
39 and inserting the following: "shall".
40 39. Page 98, by inserting after line 31 the
41 following:
42 "Sec. . Section 491.3, subsection 8, Code 2001,
43 is amended to read as follows:
44 8. A corporation organized under or subject to
45 this chapter may make indemnification as provided in
46 sections 490.850 through 490.858 490.859.
47 Sec. . Section 491.16, Code 2001, is amended to
48 read as follows:
49 491.16 INDEMNIFICATION OF OFFICERS, DIRECTORS,
50 EMPLOYEES, AND AGENTS - INSURANCE.
Page 5
1 Sections 490.850 through 490.858 490.859 apply to
2 corporations organized under or subject to this
3 chapter.
4 Sec. . Section 497.34, Code 2001, is amended to
5 read as follows:
6 497.34 INDEMNIFICATION.
7 A cooperative association operating under this
8 chapter may indemnify any present or former director,
9 officer, employee, member, or volunteer in the manner
10 and in the instances authorized in sections 490.850
11 through 490.858 490.859, provided that where sections
12 490.850 through 490.858 490.859 provide for action by
13 shareholders the sections are applicable to action by
14 voting members of the cooperative association, and
15 where sections 490.850 through 490.858 490.859 refer
16 to the corporation organized under chapter 490 the
17 sections are applicable to the cooperative association
18 organized under this chapter, and where sections
19 490.850 through 490.858 490.859 refer to the director
20 the sections are applicable to a director, officer,
21 employee, member, or volunteer of the cooperative
22 association organized under this chapter.
23 Sec. . Section 498.36, Code 2001, is amended to
24 read as follows:
25 498.36 INDEMNIFICATION.
26 A cooperative association operating under this
27 chapter may indemnify any present or former director,
28 officer, employee, member, or volunteer in the manner
29 and in the instances authorized in sections 490.850
30 through 490.858 490.859, provided that where sections
31 490.850 through 490.858 490.859 provide for action by
32 shareholders the sections are applicable to action by
33 voting members of the cooperative association, and
34 where sections 490.850 through 490.858 490.859 refer
35 to the corporation organized under chapter 490 the
36 sections are applicable to the cooperative association
37 organized under this chapter, and where sections
38 490.850 through 490.858 490.859 refer to the director
39 the sections are applicable to a director, officer,
40 employee, member, or volunteer of the cooperative
41 association organized under this chapter.
42 Sec. . Section 499.59A, Code 2001, is amended
43 to read as follows:
44 499.59A INDEMNIFICATION.
45 A cooperative association operating under this
46 chapter may indemnify any present or former director,
47 officer, employee, member, or volunteer in the manner
48 and in the instances authorized in sections 490.850
49 through 490.858 490.859, provided that where sections
50 490.850 through 490.858 490.859 provide for action by
Page 6
1 shareholders the sections are applicable to action by
2 voting members of the cooperative association, and
3 where sections 490.850 through 490.858 490.859 refer
4 to the corporation organized under chapter 490 the
5 sections are applicable to the cooperative association
6 organized under this chapter, and where sections
7 490.850 through 490.858 490.859 refer to the director
8 the sections are applicable to a director, officer,
9 employee, member, or volunteer of the cooperative
10 association organized under this chapter.
11 Sec. . Section 499.69A, subsections 4 and 7,
12 Code 2001, are amended to read as follows:
13 4. For a surviving cooperative association, a
14 qualified merger becomes effective upon the filing of
15 the articles of merger with the secretary of state and
16 the issuance of a certificate of merger pursuant to
17 section 499.68 or the date stated in the articles of
18 merger, whichever is later. For a surviving qualified
19 corporation, a qualified merger becomes effective upon
20 the filing of the articles of merger with the
21 secretary of state pursuant to section 490.1105
22 490.1106 or the date stated in the articles, whichever
23 is later.
24 7. A foreign cooperative association may
25 participate in a qualified merger as provided in this
26 section, if the foreign cooperative association
27 complies with the requirements for a cooperative
28 association under this section and the requirements
29 for a foreign cooperative association under section
30 499.69. A foreign corporation may participate in a
31 qualified merger as provided in this section if it
32 complies with the requirements of a qualified
33 corporation under this section and the requirements
34 for a foreign corporation under section 490.1107
35 490.1102.
36 Sec. . Section 508B.2, unnumbered paragraph 2,
37 Code 2001, is amended to read as follows:
38 A plan of conversion may provide that a mutual
39 company may convert into a domestic stock company,
40 convert and merge, or convert and consolidate with a
41 domestic stock company, as provided in chapter 490 or
42 491, whichever is applicable. However, the mutual
43 company is not required to comply with sections
44 491.102 through 491.105 or sections 490.1101 490.1102
45 and 490.1103 490.1104 relating to approval of merger
46 or consolidation plans by boards of directors and
47 shareholders, if at the time of approval of the plan
48 of conversion the board of directors approves the
49 merger or consolidation and if at the time of approval
50 of the plan by policyholders as provided in section
Page 7
1 508B.6, the policyholders approve the merger or
2 consolidation. This chapter supersedes any
3 conflicting provisions of chapters 521 and 521A. A
4 mutual company may convert, merge, or consolidate as
5 part of a plan of conversion in which a majority or
6 all of the common shares of the stock company are
7 acquired by another corporation, which may be a
8 corporation organized for that purpose, or in which
9 the new stock company consolidates with a stock
10 company to form another stock company.
11 Sec. . Section 504A.4, subsection 14, Code
12 2001, is amended to read as follows:
13 14. A corporation operating under this chapter may
14 indemnify any present or former director, officer,
15 employee, member, or volunteer in the manner and in
16 the instances authorized in sections 490.850 through
17 490.858 490.859.
18 Sec. . Section 508B.13, Code 2001, is amended
19 to read as follows:
20 508B.13 PROHIBITIONS ON CERTAIN OFFERS TO ACQUIRE
21 SHARES.
22 Prior to and for a period of five years following
23 the effective date of the conversion, and in the case
24 of the plans of conversion specified in subsections 1
25 and 3 of section 508B.3, five years following the date
26 of distribution of consideration to the policyholders
27 in exchange for their membership interests, a person,
28 other than the reorganized company, other than an
29 employee benefit plan or employee benefit trust
30 sponsored by the reorganized company, or as otherwise
31 specifically provided for in the plan of conversion,
32 shall not directly or indirectly acquire or offer to
33 acquire the beneficial ownership of more than five
34 percent of any class of voting security of the
35 reorganized company, and a person, other than the
36 reorganized company or other than an employee benefit
37 plan or employee benefit trust sponsored by the
38 reorganized company, who acquires five percent or more
39 of any class of voting security of the reorganized
40 company prior to the conversion or as specifically
41 provided for in the plan of conversion, shall not
42 directly or indirectly acquire or offer to acquire the
43 beneficial ownership of additional voting securities
44 of the reorganized company, unless the acquisition is
45 approved by the commissioner as not being contrary to
46 the interests of the policyholders of the reorganized
47 company or its life insurance company subsidiary and
48 by the board of directors of the reorganized company.
49 The commissioner and the board of directors may
50 consider the factors set forth in section 490.1108.
Page 8
1 The provisions of section 521A.3, except subsection 4,
2 paragraph "a", shall be applicable to a proposed
3 acquisition subject to this section. An approved plan
4 of conversion may include a stock option plan. As
5 used in this section, "beneficial ownership" means,
6 with respect to a security, the sole or shared power
7 to vote or direct the voting of the security or the
8 sole power to dispose or direct the disposition of the
9 security.
10 Sec. . Section 508C.16, unnumbered paragraph 2,
11 Code 2001, is amended to read as follows:
12 Sections 490.850 through 490.858 490.859 apply to
13 the association.
14 Sec. ___. Section 524.801, subsection 7, Code
15 2001, is amended to read as follows:
16 7. To indemnify a director, officer, or employee,
17 or a former director, officer, or employee of the
18 state bank in the manner and in the instances
19 authorized by sections 490.850 through 490.858
20 490.859.
21 Sec. . Section 524.1213, subsection 2, Code
22 Supplement 2001, is amended to read as follows:
23 2. A united community bank office formed under
24 this section shall have a united community bank office
25 board, at least one-half or more of the members of
26 which shall be residents of the county in which the
27 united community bank office is located. The
28 liability of the united community bank office board
29 shall be limited as provided in section 524.614. The
30 bank establishing and operating the united community
31 bank office may indemnify members of the united
32 community bank office board as agents of the bank in
33 the manner and in the instances authorized by sections
34 490.850 through 490.858 490.859.
35 Sec. . Section 524.1309, subsection 8, Code
36 2001, is amended to read as follows:
37 8. A shareholder of a state bank who objects to
38 adoption by the state bank of a plan to cease to carry
39 on the business of banking and to continue as a
40 corporation subject to chapter 490, is entitled to the
41 rights and remedies of a dissenting shareholder
42 appraisal rights provided for in chapter 490, division
43 XIII.
44 Sec. . Section 524.1402, subsection 2, Code
45 2001, is amended to read as follows:
46 2. In the case of a state bank which is a party to
47 the plan, if the proposed merger will result in a
48 state bank subject to this chapter, adoption of the
49 plan by such state bank requires the affirmative vote
50 of at least a majority of the directors and approval
Page 9
1 by the shareholders, in the manner and according to
2 the procedures prescribed in section 490.1103
3 490.1104, at a meeting called in accordance with the
4 terms of that section. In the case of a national
5 bank, or if the proposed merger will result in a
6 national bank, adoption of the plan by each party to
7 the merger shall require the affirmative vote of at
8 least such directors and shareholders whose
9 affirmative vote on the plan is required under the
10 laws of the United States. Subject to applicable
11 requirements of the laws of the United States in a
12 case in which a national bank is a party to a plan,
13 any modification of a plan which has been adopted
14 shall be made by any method provided in the plan, or
15 in the absence of such provision, by the same vote as
16 required for adoption.
17 Sec. . Section 524.1406, Code 2001, is amended
18 to read as follows:
19 524.1406 RIGHTS APPRAISAL RIGHTS OF DISSENTING
20 SHAREHOLDERS.
21 1. A shareholder of a state bank, which is a party
22 to a proposed merger plan which will result in a state
23 bank subject to this chapter, who objects to the plan
24 is entitled to the rights and remedies of a dissenting
25 shareholder appraisal rights as provided in chapter
26 490, division XIII.
27 2. If a shareholder of a national bank which is a
28 party to a proposed merger plan which will result in a
29 state bank, or a shareholder of a state bank which is
30 a party to a plan which will result in a national
31 bank, objects to the plan and complies with the
32 requirements of the applicable laws of the United
33 States, the resulting state bank or national bank, as
34 the case may be, is liable for the value of the
35 shareholder's shares as determined in accordance with
36 such laws of the United States.
37 3. a. Notwithstanding any contrary provision in
38 chapter 490, division XIII, in determining the fair
39 value of the shareholder's shares of a bank organized
40 under this chapter or a bank holding company as
41 defined in section 524.1801 in a transaction or event
42 in which the shareholder is entitled to the rights and
43 remedies of a dissenting shareholder appraisal rights,
44 due consideration shall be given to valuation factors
45 recognized for federal and estate tax purposes,
46 including discounts for minority interests and
47 discounts for lack of marketability. However, any
48 payment made to dissenting shareholders under section
49 490.1325 490.1324 shall be in an amount not less than
50 the stockholders' equity in the bank disclosed in its
Page 10
1 last statement of condition filed under section
2 524.220 or the total equity capital of the bank
3 holding company disclosed in the most recent report
4 filed by the bank holding company with the board of
5 governors of the federal reserve system, divided by
6 the number of shares outstanding.
7 b. Prior to giving notice of a meeting at which a
8 shareholder of a bank organized under this chapter or
9 a bank holding company as defined in section 524.1801
10 would be entitled to the rights and remedies of a
11 dissenting shareholder appraisal rights, such bank or
12 bank holding company may seek a declaratory judgment
13 to establish the fair value for purposes of section
14 490.1301, subsection 4, of shares held by such
15 shareholders. Another cause of action or a
16 counterclaim shall not be joined with such a
17 declaratory action. A declaratory judgment shall be
18 filed in the county where the principal place of
19 business of the bank or bank holding company is
20 located. The court shall appoint an attorney to
21 represent minority shareholders. All shareholders of
22 the bank or bank holding company shall be served with
23 notice of the action and be advised of the name,
24 address, and telephone number of the attorney
25 appointed to represent minority shareholders. The
26 attorney appointed to represent minority shareholders
27 shall select an appraiser to give an opinion of the
28 fair value of such shares. The bank or bank holding
29 company may select an appraiser to give an opinion on
30 the fair value of the shares of the bank or bank
31 holding company. Any shareholder may participate
32 individually and present evidence of the fair value of
33 such shareholder's shares. All court costs,
34 appraiser's fees, and the fees and expenses of the
35 attorney appointed to represent the minority
36 shareholders shall be assessed against the bank or the
37 bank holding company. A judgment in the action shall
38 not determine fair value for a share to be less than
39 the stockholders' equity in the bank disclosed in its
40 last statement of condition filed under section
41 524.220 or the total equity capital of the bank
42 holding company disclosed in the most recent report
43 filed by the bank holding company with the board of
44 governors of the federal reserve system, divided by
45 the number of shares outstanding. A final judgment in
46 the action shall establish fair value for the purposes
47 of chapter 490, division XIII and shall be disclosed
48 to the shareholders in the notice to shareholders of
49 the meeting to approve the transaction that gives rise
50 to dissenters' appraisal rights. If the proposed
Page 11
1 transaction is approved by the shareholders, upon
2 consummation of the proposed transaction the fair
3 value so established shall be paid to each shareholder
4 entitled to payment for the shareholder's shares upon
5 receipt of such shareholder's share certificates.
6 Sec. . Section 524.1408, Code 2001, is amended
7 to read as follows:
8 524.1408 MERGER OF CORPORATION SUBSTANTIALLY OWNED
9 BY A STATE BANK.
10 A state bank owning at least ninety percent of the
11 outstanding shares, of each class, of another
12 corporation which it is authorized to own under this
13 chapter, may merge the other corporation into itself
14 without approval by a vote of the shareholders of
15 either the state bank or the subsidiary corporation.
16 The board of directors of the state bank shall approve
17 a plan of merger, mail to shareholders of record of
18 the subsidiary corporation, and prepare and execute
19 articles of merger in the manner provided for in
20 section 490.1104 490.1105. The articles of merger,
21 together with the applicable filing and recording
22 fees, shall be delivered to the superintendent who
23 shall, if the superintendent approves of the proposed
24 merger and if the superintendent finds the articles of
25 merger satisfy the requirements of this section,
26 deliver them to the secretary of state for filing and
27 recording in the secretary of state's office, and they
28 shall be filed in the office of the county recorder.
29 The secretary of state upon filing the articles of
30 merger shall issue a certificate of merger and send
31 the certificate to the state bank and a copy of it to
32 the superintendent.
33 Sec. . Section 524.1417, Code 2001, is amended
34 to read as follows:
35 524.1417 RIGHTS APPRAISAL RIGHTS OF DISSENTING
36 SHAREHOLDER OF CONVERTING STATE OR NATIONAL BANK OR
37 FEDERAL SAVINGS ASSOCIATION.
38 1. A shareholder of a state bank which that
39 converts into a national bank or federal savings
40 association who objects to the plan of conversion is
41 entitled to the rights and remedies of a dissenting
42 shareholder appraisal rights as provided in chapter
43 490, division XIII.
44 2. If a shareholder of a national bank or federal
45 savings association, which that converts into a state
46 bank, objects to the plan of conversion and complies
47 with the requirements of applicable laws of the United
48 States, the resulting state bank is liable for the
49 value of the shareholder's shares as determined in
50 accordance with such laws of the United States.
Page 12
1 Sec. . Section 533.4, subsection 27, Code 2001,
2 is amended to read as follows:
3 27. To provide indemnity for the director,
4 officer, or employee in the same fashion that a
5 corporation organized under chapter 490 could under
6 sections 490.850 through 490.858 490.859; however,
7 where those sections provide for action by
8 shareholders the provision is applicable to action by
9 members of the credit union and where the sections
10 have reference to the corporation organized under
11 chapter 490, the provision is applicable to the
12 association organized under this chapter.
13 Sec. . Section 534.504, Code 2001, is amended
14 to read as follows:
15 534.504 MEETINGS OF STOCKHOLDERS.
16 Sections 490.701 through 490.731 490.732 apply to
17 stock associations.
18 Sec. . Section 534.605, subsection 4, Code
19 Supplement 2001, is amended to read as follows:
20 4. An association operating under this chapter may
21 indemnify any present or former director, officer, or
22 employee in the manner and in the instances authorized
23 in sections 490.850 through 490.858 490.859. If the
24 association is a mutual association, the references in
25 those sections to stockholder shall be deemed to be
26 references to members.
27 Sec. . Section 534.607, Code 2001, is amended
28 to read as follows:
29 534.607 INDEMNIFICATION.
30 Except as otherwise provided in section 534.602,
31 sections 490.850 through 490.858 490.859 apply to
32 associations incorporated under this chapter."
33 40. Page 98, line 32, by striking the figure
34 "490.832,".
35 41. By renumbering, redesignating, and correcting
36 internal references as necessary.
Shey of Linn offered the following amendment H-8320, to
amendment H-8256, filed by him and moved its adoption:
H-8320
1 Amend the amendment, H-8256, to House File 2509 as
2 follows:
3 1. Page 3, by inserting before line 29 the
4 following:
5 ""Sec. . NEW SECTION. 490.1108A CONSIDERATION
6 OF ACQUISITION PROPOSALS - COMMUNITY INTERESTS.
7 1. A director, in determining what is in the best
8 interest of the corporation when considering a tender
9 offer or proposal of acquisition, merger,
10 consolidation, or similar proposal, may consider any
11 or all of the following community interest factors, in
12 addition to consideration of the effects of any action
13 on shareholders:
14 a. The effects of the action on the corporation's
15 employees, suppliers, creditors, and customers.
16 b. The effects of the action on the communities in
17 which the corporation operates.
18 c. The long-term as well as short-term interests
19 of the corporation and its shareholders, including the
20 possibility that these interests may be best served by
21 the continued independence of the corporation.
22 2. If on the basis of the community interest
23 factors described in subsection 1, the board of
24 directors determines that a proposal or offer to
25 acquire or merge the corporation is not in the best
26 interests of the corporation, it may reject the
27 proposal or offer. If the board of directors
28 determines to reject any such proposal or offer, the
29 board of directors has no obligation to facilitate, to
30 remove any barriers to, or to refrain from impeding,
31 the proposal or offer. Consideration of any or all of
32 the community interest factors is not a violation of
33 the business judgment rule or of any duty of the
34 director to the shareholders, or a group of
35 shareholders, even if the director reasonably
36 determines that a community interest factor or factors
37 outweigh the financial or other benefits to the
38 corporation or a shareholder or group of
39 shareholders."
40 2. Page 7, by striking lines 49 and 50 and
41 inserting the following: "The commissioner and the
42 board of directors may consider the factors set forth
43 in section 490.1108 490.1108A."
44 3. By renumbering, redesignating, and correcting
45 internal references as necessary.
Amendment H-8320 was adopted.
On motion by Shey of Linn amendment H-8256, as amended, was
adopted.
Shey of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (H.F. 2509)
The ayes were, 92:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Richardson | Scherrman | Schrader |
|
Shoultz | Seng | Shey | Siegrist, Spkr. |
|
Sievers | Stevens | Sukup | 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, 8:
|
Horbach | Jones | O'Brien | Reynolds |
|
Roberts | Smith | Taylor, D. | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE MESSAGE CONSIDERED
Senate File 2168, by committee on appropriations, a bill for an
act authorizing the state board of regents to issue bonds to construct,
improve, remodel, repair, furnish, and equip inpatient and outpatient
facilities and patient care facilities at the university of Iowa hospitals
and clinics.
Read first time and referred to committee on appropriations.
SENATE AMENDMENT CONSIDERED
Carroll of Poweshiek called up for consideration House File
2246, a bill for an act relating to administrative procedures of county
treasurers for property taxation and vehicle registration, amended by
the Senate, and moved that the House concur in the following Senate
amendment H-8319:
H-8319
1 Amend House File 2246, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 7, by striking the word
4 "business".
5 2. Page 3, line 32, by inserting before the word
6 "delinquent" the following: "current or".
7 3. Page 3, line 34, by striking the words "last
8 business" and inserting the following: "business
9 last".
The motion prevailed and the House concurred in the Senate
amendment H-8319.
Carroll of Poweshiek moved that the bill, as amended by the
Senate and concurred in by the House, 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. 2246)
The ayes were, 92:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Richardson | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Sievers | Stevens | Sukup | 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, 8:
|
Horbach | Jones | O'Brien | Reynolds |
|
nolds
Roberts | Smith | Taylor, D. | Teig |
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
|
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2138, 2190, 2246, 2509 and Senate Files 2116, 2167, 2195,
2231, 2278, and 2288.
Unfinished Business Calendar
House File 2499, a bill for an act relating to requirements for
securing children transported in certain motor vehicles and making a
penalty applicable, was taken up for consideration.
Johnson of Osceola offered amendment H-8281 filed by him as
follows:
H-8281
1 Amend House File 2499 as follows:
2 1. Page 1, line 12, by inserting after the figure
3 "321.446," the following: "subsections 1, 2, and 4,".
4 2. Page 1, line 12, by striking the word "is" and
5 inserting the following: "are".
6 3. Page 1, by striking lines 14 and 15 and
7 inserting the following:
8 "1. a. A child under one year of age and weighing
9 less than twenty pounds who is being transported in a
10 motor vehicle subject to registration, except a school
11 bus or motorcycle, shall be secured in a rear-facing
12 child restraint system that meets federal motor
13 vehicle safety standards, and the system shall be used
14 in accordance with the manufacturer's instructions.
15 b. A child under three six years of age who does
16 not meet the description in paragraph "a" and who is
17 being".
18 4. By striking page 1, line 29, through page 2,
19 line 5.
20 5. Page 2, line 7, by striking the word "only"
21 and inserting the following: "only".
22 6. Page 2, by striking lines 9 through 19 and
23 inserting the following:
24 "Sec. . Section 321.446, Code Supplement 2001,
25 is amended by adding the following new subsection:
26 NEW SUBSECTION. 7. For purposes of this section,
27 "child restraint system" means a specially designed
28 seating system, including a belt-positioning seat or a
29 booster seat, that meets federal motor vehicle safety
30 standards set forth in 49 C.F.R. § 571.213."
31 7. By renumbering as necessary.
Johnson of Osceola offered the following amendment H-8327, to
amendment H-8281, filed by him and moved its adoption:
H-8327
1 Amend the amendment, H-8281, to House File 2499 as
2 follows:
3 1. Page 1, line 8, by striking the word "and" and
4 inserting the following: "or".
Amendment H-8327 was adopted.
On motion by Johnson of Osceola, amendment H-8281, as
amended, was adopted.
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?" (H.F. 2499)
The ayes were, 66:
|
Arnold | Atteberry | Bell | Boal |
|
Boggess | Brauns | Broers | Bukta |
|
Cohoon | Connors | Cormack | Dix |
|
Dolecheck | Dotzler | Elgin | Finch |
|
Foege | Frevert | Greimann | Grundberg |
|
Hahn | Hansen | Heaton | Hoffman |
|
Hoversten | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Kreiman |
|
Kuhn | Larkin | Lensing | Mascher |
|
May | Metcalf | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Reeder | Rekow |
|
Richardson | Scherrman | Schrader | Seng |
|
Shey | Shoultz | Sievers | Stevens |
|
Sukup | Tremmel | Tymeson | Tyrrell |
|
Van Fossen | Warnstadt | Wilderdyke | Winckler |
|
Wise | Gipp, |
|
| Presiding |
|
|
The nays were, 26:
|
Alons | Baudler | Boddicker | Bradley |
|
Brunkhorst | Carroll | Chiodo | De Boef |
|
Drake | Eddie | Eichhorn | Fallon |
|
Ford | Garman | Hatch | Huseman |
|
Klemme | Larson | Manternach | Mertz |
|
Rayhons | Siegrist, Spkr. | Taylor, T. | Van Engelenhoven |
|
Weidman | Witt |
|
|
Absent or not voting, 8:
|
Horbach | Jones | O'Brien | Reynolds |
|
Roberts | Smith | Taylor, D. | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Regular Calendar
Senate File 2098, a bill for an act relating to the criminal offense
of unauthorized computer access, and criminal mischief, and
providing a penalty, with report of committee recommending passage,
was taken up for consideration.
Kettering of Sac moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 2098)
The ayes were, 86:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Brunkhorst | Bukta |
|
Carroll | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Finch | Foege | Ford |
|
Frevert | Garman | Greimann | Grundberg |
|
Hahn | Hansen | Hatch | Heaton |
|
Hoffman | Huseman | Jacobs | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Mascher | May | Mertz |
|
Metcalf | Millage | Murphy | Myers |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Richardson | Scherrman | Schrader | Seng |
|
Shey | Shoultz | Siegrist, Spkr. | Sievers |
|
Stevens | Sukup | Taylor, T. | Tremmel |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Weidman | Wilderdyke | Winckler |
|
Wise | Gipp, |
|
| Presiding |
|
|
The nays were, 3:
Absent or not voting, 11:
|
Broers | Horbach | Jones | Manternach |
|
O'Brien | Reynolds | Roberts | Smith |
|
Taylor, D. | 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 2499 and Senate File 2098.
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 19, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2249, a bill for an act relating to criminal history checks of applicants
for certain licenses, lottery employees, and major vendors contracting with the lottery,
marketing materials, and the identification of instant lottery tickets, providing for a
fee, and providing for an effective date.
Also: That the Senate has on March 19, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2291, a bill for an act relating to judgment liens attaching to city real
estate.
Also: That the Senate has on March 19, 2002, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2516, a bill for an act relating to the display of a United States Flag in
each classroom during school hours and the daily observance of a minute of silence in a
school district, and providing an effective date.
MICHAEL E. MARSHALL, Secretary
EXPLANATIONS 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
2133, 2155, 2192, 2201 and 2277.
JOHNSON of Osceola
I was necessarily absent from the House chamber on March 18,
2002. Had I been present, I would have voted "aye" on Senate Files
2133, 2155, 2156, 2192, 2201, 2260, 2277 and "nay" on Senate File
2210.
OSTERHAUS of Jackson
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill
has been examined and found correctly enrolled, signed by the Speaker of the House
and the President of the Senate, and presented to the Governor for his approval on this
19th day of March, 2002: House File 2183.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
COMMUNICATION RECEIVED
The following communication was received and filed in the office of
the Chief Clerk:
DEPARTMENT OF EDUCATION
The Phase III Summary Report for the 2000-2001 School Year, pursuant to Chapter
294A, Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2002\775 Lora Hermley, Muscatine - For celebrating her 100th birthday on
March 14th.
2002\776 John Kruse, Mason City - For celebrating his 80th birthday.
2002\777 Opal Bram, Clear Lake - For celebrating her 80th birthday.
2002\778 Bob and Marge Gibson, Mason City - For celebrating their 66th
wedding anniversary.
2002\779 Elmer and Lorraine Eddy, Swaledale - For celebrating their 60th
wedding anniversary.
2002\780 Arlene Grove, Clear Lake - For celebrating her 85th birthday.
2002\781 Esther McClellan, Mason City - For celebrating her 95th birthday.
2002\782 Art Molokken, Clermont - For 30 years of service to the Rural
County Area Fire Protection Board.
2002\783 Mr. and Mrs. Carlton Witter, McGregor - For celebrating their 50th
wedding anniversary.
2002\784 Alfred Striecher, Strawberry Point - For celebrating his 95th
birthday.
2002\785 Margorie Amundson, Clermont - For celebrating her 85th birthday.
2002\786 Marion and Jackie Kingery, Newton - For celebrating their 65th
wedding anniversary.
2002\787 Dr. Larry DeCook, Newton - For receiving the 2002 Heart of
America Contact Lens Society OD of the Year Award.
2002\788 Chelsea Combs, Norwalk - For placing in the Write Women Back
Into History Essay Contest.
2002\789 Ralph Titus, Lytton - For celebrating his 80th birthday.
2002\790 Duane and Deloris Halverson, Tama - For celebrating their 50th
wedding anniversary.
AMENDMENTS FILED
H-8325 H.F. 583 Senate Amendment
H-8326 H.F. 2192 Senate Amendment
H-8329 S.F. 2203 Brunkhorst of Bremer
Bradley of Clinton
H-8330 S.F. 2197 Eichhorn of Hamilton
H-8333 S.F. 2301 Shey of Linn
H-8334 S.F. 2301 Shey of Linn
H-8335 S.F. 2144 Chiodo of Polk
Hansen of Pottawattamie Sievers of Scott
Boddicker of Cedar Kettering of Sac
Horbach of Tama Myers of Johnson
Brunkhorst of Bremer Warnstadt of Woodbury
Mertz of Kossuth Broers of Cerro Gordo
Ford of Polk Shoultz of Black Hawk
H-8336 S.F. 2190 Eichhorn of Hamilton
H-8337 H.F. 518 Senate Amendment
H-8338 S.F. 2034 Grundberg of Polk
H-8339 S.F. 2190 Ford of Polk
H-8340 S.F. 2267 Eichhorn of Hamilton
H-8341 S.F. 2267 Eichhorn of Hamilton
H-8342 S.F. 2190 Osterhaus of Jackson
H-8343 S.F. 2190 Dotzler of Black Hawk
H-8344 S.F. 2190 Reeder of Fayette
H-8345 S.F. 2190 T. Taylor of Linn
H-8346 S.F. 2190 Murphy of Dubuque
H-8347 S.F. 2190 T. Taylor of Linn
H-8348 S.F. 2190 Dotzler of Black Hawk
H-8349 S.F. 2190 Jochum of Dubuque
H-8350 S.F. 2190 Dotzler of Black Hawk
H-8351 S.F. 2190 Dotzler of Black Hawk
H-8352 S.F. 2190 Dotzler of Black Hawk
H-8353 S.F. 2190 Chiodo of Polk
H-8354 S.F. 2190 Winckler of Scott
H-8355 S.F. 2190 T. Taylor of Linn
H-8356 S.F. 2190 Dotzler of Black Hawk
H-8357 H.F. 2516 Senate Amendment
H-8358 S.F. 2190 Dotzler of Black Hawk
H-8359 S.F. 2190 Connors of Polk
H-8360 S.F. 2190 Dotzler of Black Hawk
H-8361 S.F. 2190 Dotzler of Black Hawk
H-8362 S.F. 2190 Jochum of Dubuque
H-8363 S.F. 2267 Kreiman of Davis
H-8364 S.F. 2267 Kuhn of Floyd
Mertz of Kossuth
H-8365 S.F. 2267 Kuhn of Floyd
Mertz of Kossuth
H-8366 S.F. 2190 T. Taylor of Linn
H-8367 S.F. 2267 Eichhorn of Hamilton
H-8368 S.F. 2267 Eichhorn of Hamilton
On motion by Rants of Woodbury the House adjourned at 6:27
p.m., until 8:45 a.m., Wednesday, March 20, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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