House Journal: Wednesday, March 20, 2002
JOURNAL OF THE HOUSE
Sixty-sixth Calendar Day - Forty-fifth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 20, 2002
The House met pursuant to adjournment at 8:45 a.m., Carroll of
Poweshiek in the chair.
Prayer was offered by Reverend Alvin Koeneman, pastor of
Wartburg College, Waverly. He was the guest of Representative Bob
Brunkhorst of Bremer County.
The Journal of Tuesday, March 19, 2002 was approved.
PETITION FILED
The following petition was received and placed on file:
By Murphy of Dubuque, from one hundred eighty-four people from
Project Concern of Dubuque, favoring the current funding of public
transportation through the road use tax fund.
SPECIAL PRESENTATION
Larson of Linn introduced to the House, artist Nadine Hawbaker
of Grimes. She has been commissioned to produce the artwork for the
World Food Prize Posters for 1999, 2000 and 2001. Her artwork is
currently being displayed in the Rotunda at the Capitol.
The House rose and expressed its welcome.
ADOPTION OF HOUSE RESOLUTION 107
Brunkhorst of Bremer and Dix of Butler called up for consideration
House Resolution 107, a resolution honoring and commemorating
the one hundred fiftieth anniversary of Wartburg College, and moved
its adoption.
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION
Larson of Linn introduced to the House, Cal Eldred, pitcher for the
Chicago White Sox and a native of Urbana.
The House rose and expressed its welcome.
On motion by Jacobs of Polk, the House was recessed at 9:00 a.m.,
until 2:30 p.m.
AFTERNOON SESSION
The House reconvened at 2:28 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 sixty-eight members present, thirty-
two absent.
CONSIDERATION OF BILLS
Unfinished Business Calendar
House File 2379, a bill for an act providing for access to the Iowa
communications network by homeland security or defense facilities,
was taken up for consideration.
SENATE FILE 2203 SUBSTITUTED FOR HOUSE FILE 2379
Bradley of Clinton asked and received unanimous consent to
substitute Senate File 2203 for House File 2379.
Senate File 2203, a bill for an act providing for access to the Iowa
communications network by homeland security or defense facilities,
was taken up for consideration.
Brunkhorst of Bremer offered the following amendment H-8329
filed by him and Bradley of Clinton and moved its adoption:
H-8329
1 Amend Senate File 2203, as passed by the Senate, as
2 follows:
3 1. Page 1, line 3, by inserting after the figure
4 "5." the following: "a."
5 2. Page 1, by striking lines 12 through 19 and
6 inserting the following: "federal grant for pilot and
7 demonstration projects.
8 b. For the purposes of this chapter, "public
9 agency" also includes any homeland security or defense
10 facility established by the administrator of the
11 emergency management division of the department of
12 public defense or the governor or any facility
13 connected with a security or defense system as
14 required by the administrator of the emergency
15 management division of the department of public
16 defense or the governor. A facility that is
17 considered a public agency pursuant to this paragraph
18 shall be authorized to access the Iowa communications
19 network strictly for homeland security communication
20 purposes. Any utilization of the network that is not
21 related to communications concerning homeland security
22 is expressly prohibited."
Amendment H-8329 was adopted.
Bradley of Clinton moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 2203)
The ayes were, 98:
|
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 | Huser | Jacobs |
|
Jenkins | Jochum | Johnson | Jones |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Lensing | Manternach |
|
Mascher | May | Mertz | Metcalf |
|
Millage | Murphy | Myers | O'Brien |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Reynolds | Richardson | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Smith | 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, 2:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Regular Calendar
Senate File 2086, a bill for an act relating to the kilowatt
threshold for electric transmission line franchises, making related
changes, and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Jenkins of Black Hawk moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2086)
The ayes were, 98:
|
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 | Huser | Jacobs |
|
Jenkins | Jochum | Johnson | Jones |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Lensing | Manternach |
|
Mascher | May | Mertz | Metcalf |
|
Millage | Murphy | Myers | O'Brien |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Reynolds | Richardson | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Smith | 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, 2:
The bill having received a constitutional majority was declared to
have passed the House and the title 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 20, 2002, amended and passed the following bill in which the concurrence of the
House is asked:
House File 2454, a bill for an act encouraging school districts to establish character
education programs, and directing the department of education to partner with local
educational institutions and agencies and nonprofit organizations in the design and
implementation of character education programs.
Also: That the Senate has on March 20, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2497, a bill for an act relating to charges imposed on unclaimed gift
certificates.
Also: That the Senate has on March 20, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:
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.
MICHAEL E. MARSHALL, Secretary
Senate File 2160, a bill for an act relating to the dry fire hydrant
and rural water supply education and demonstration project, with
report of committee recommending passage, was taken up for
consideration.
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. 2160)
The ayes were, 97:
|
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 | Hoffman | Horbach | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Jones | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Mertz | Metcalf | Millage |
|
Murphy | Myers | O'Brien | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Reeder | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Sievers | Smith | 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, 3:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 2379 WITHDRAWN
Bradley of Clinton asked and received unanimous consent to
withdraw House File 2379 from further consideration by the House.
The House stood at ease at 2:59 p.m., until the fall of the gavel.
The House resumed session at 4:52 p.m., Metcalf of Polk in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-six members present, forty-four
absent.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 2086, 2160 and 2203.
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 20, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2281, a bill for an act requiring the licensure of landscape architects.
Also: That the Senate has on March 20, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2289, a bill for an act relating to the preparation and filing of an
assessment schedule for abatement of a nuisance by a city.
Also: That the Senate has on March 20, 2002, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2507, a bill for an act creating a criminal offense for possession or
distribution of anthrax, and providing a penalty.
Also: That the Senate has on March 20, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2514, a bill for an act relating to the indemnification of owners of
animals with a contagious disease under a plan of eradication.
Also: That the Senate has on March 20, 2002, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2554, a bill for an act relating to the use of moneys appropriated to the
department of natural resources for purposes of tire-related initiatives, disposal fees
charged by retail tire dealers, and the registration of waste tire haulers and providing
an effective date.
Also: That the Senate has on March 20, 2002, adopted the conference committee
report and passed Senate File 466, a bill for an act relating to child care and protection
public policy provisions involving children.
MICHAEL E. MARSHALL, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
O'Brien of Boone on request of Myers of Johnson.
Appropriations Calendar
Senate File 2140, a bill for an act relating to energy conservation
including making appropriations of petroleum overcharge funds, with
report of committee recommending passage, was taken up for
consideration.
Roberts of Carroll moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 2140)
The ayes were, 96:
|
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 |
|
Gipp | Greimann | Grundberg | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Hoversten | Huseman | Huser |
|
Jacobs | Jenkins | Jochum | Johnson |
|
Jones | Kettering | Klemme | Kreiman |
|
Kuhn | Larkin | Larson | Lensing |
|
Manternach | Mascher | May | Mertz |
|
Millage | Murphy | Myers | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Reeder | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Smith | Stevens | Sukup | Taylor, T. |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Metcalf, |
|
| | | Presiding |
|
|
The nays were, none.
Absent or not voting, 4:
|
O'Brien | Sievers | 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 2197, a bill for an act prohibiting a registered sex
offender from residing near a school or child care facility, and
providing a penalty, with report of committee recommending passage,
was taken up for consideration.
Eichhorn of Hamilton offered amendment H-8330 filed by him as
follows:
H-8330
1 Amend Senate File 2197, as passed by the Senate, as
2 follows:
3 1. Page 1, line 7, by inserting after the words
4 "Inform the person" the following: ", if the person's
5 residency is restricted under section 692A.2A,".
6 2. Page 1, by inserting after line 12 the
7 following:
8 "1. For purposes of this section, "person" means a
9 person who has committed a criminal offense against a
10 minor, or an aggravated offense, sexually violent
11 offense, or other relevant offense that involved a
12 minor."
13 3. Page 1, by striking line 13 and inserting the
14 following:
15 "2. A person shall".
16 4. Page 1, by striking line 17 and inserting the
17 following:
18 "3. A person who".
19 5. Page 1, by striking lines 22 through 26 and
20 inserting the following:
21 "4. A person residing within two thousand feet of
22 the real property comprising a public or nonpublic
23 elementary or secondary school or a child care
24 facility does not commit a violation of this section
25 if any of the following apply:
26 a. The person is required to serve a sentence at a
27 jail, prison, juvenile facility, or other correctional
28 institution or facility.
29 b. The person is placed in a transitional program
30 under chapter 229A.
31 c. The person has established a residence prior to
32 the effective date of this Act or a school or child
33 care facility is newly located on or after the
34 effective date of this Act.
35 d. The person is a minor or a ward under a
36 guardianship."
Eichhorn of Hamilton offered the following amendment H-8370, to
amendment H-8330, filed by him from the floor and moved its
adoption:
H-8370
1 Amend the amendment, H-8330, to Senate File 2197,
2 as passed by the Senate, as follows:
3 1. Page 1, line 29, by striking the words "placed
4 in a transitional program" and inserting the
5 following: "subject to an order of commitment".
Amendment H-8370 was adopted.
On motion by Eichhorn of Hamilton amendment H-8330, as
amended, was adopted.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-8324 filed by her on March 18, 2002.
Eichhorn of Hamilton asked and received unanimous consent to
withdraw amendment H-8286 filed by him on March 13, 2002.
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. 2197)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Finch | Foege |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Horbach | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Jones | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Mertz | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Siegrist, Spkr. | Smith | Stevens |
|
Sukup | Taylor, T. | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Metcalf, |
|
| Presiding |
|
|
The nays were, 1:
Absent or not voting, 5:
|
Hoffman | O'Brien | Sievers | Taylor, D. |
|
Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title 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 20, 2002, concurred in the House amendment and passed the following bill in
which the concurrence of the Senate was asked:
Senate File 429, a bill for an act relating to price regulation for local exchange
carriers, by changing certain definitions related to price regulation, permitting certain
rate increases, requiring certain network infrastructure investments, and making
related changes.
Also: That the Senate has on March 20, 2002, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:
Senate File 2146, a bill for an act establishing criminal offenses for acts of
terrorism, changing related criminal penalties, and providing a penalty.
MICHAEL E. MARSHALL, Secretary
SENATE AMENDMENTS CONSIDERED
Shey of Linn called up for consideration House File 2153, a bill
for an act relating to presentation of victim impact statements at
criminal sentencing hearings, amended by the Senate, and moved
that the House concur in the following Senate amendment H-8317:
H-8317
1 Amend House File 2153, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 24, by striking the words "Upon
4 request of the victim" and inserting the following:
5 "Unless requested otherwise by the victim".
6 2. Page 2, line 8, by striking the word
7 "subsection" and inserting the following:
8 "subsections".
9 3. Page 2, by inserting after line 8 the
10 following:
11 "NEW SUBSECTION. 3. A victim shall not be placed
12 under oath and subjected to cross examination at the
13 sentencing hearing."
14 4. Page 2, line 9, by striking the figure "3."
15 and inserting the following: "4."
The motion prevailed and the House concurred in the Senate
amendment H-8317.
Shey of Linn 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. 2153)
The ayes were, 96:
|
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 |
|
Gipp | Greimann | Grundberg | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Hoversten | Huseman | Huser |
|
Jacobs | Jenkins | Jochum | Johnson |
|
Jones | Kettering | Klemme | Kreiman |
|
Kuhn | Larkin | Larson | Lensing |
|
Manternach | Mascher | May | Mertz |
|
Millage | Murphy | Myers | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Reeder | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Smith | Stevens | Sukup | Taylor, T. |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke |
|
Winckler | Wise | Witt | Metcalf, |
|
| | | Presiding |
|
|
The nays were, none.
Absent or not voting, 4:
|
O'Brien | Sievers | 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
File 2153, Senate File 2140 and 2197.
Hansen of Pottawattamie called up for consideration House File
2467, a bill for an act providing for licensure sanctions against
defaulters of designated loan and scholarship programs, amended by
the Senate, and moved that the House concur in the following Senate
amendment H-8321:
H-8321
1 Amend House File 2467, as passed by the House, as
2 follows:
3 1. Page 1, line 22, by inserting after the word
4 "program." the following: "The provisions of this
5 subsection relating to board authority to act in
6 response to notification of default shall apply not
7 only to a licensing board, as defined in section
8 272C.1, but also to any other licensing board or
9 authority regulating a license authorized by the laws
10 of this state."
The motion prevailed and the House concurred in the Senate
amendment H-8321.
Hansen of Pottawattamie 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. 2467)
The ayes were, 95:
|
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 |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
Hoversten | Huseman | Huser | Jacobs |
|
Jenkins | Jochum | Johnson | Jones |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Lensing | Manternach |
|
Mascher | May | Mertz | Millage |
|
Murphy | Myers | Osterhaus | Petersen |
|
Quirk | Raecker | Rants | Rayhons |
|
Reeder | Rekow | Reynolds | Richardson |
|
Roberts | Scherrman | Schrader | Seng |
|
Shey | Shoultz | Siegrist, Spkr. | Smith |
|
Stevens | Sukup | Taylor, T. | Tremmel |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Weidman | Wilderdyke | Winckler |
|
Wise | Witt | Metcalf, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 5:
|
Foege | O'Brien | Sievers | 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 2272, a bill for an act providing for agricultural land
held by individuals lawfully admitted into the United States for
permanent residence, and making penalties applicable, with report of
committee recommending passage, was taken up for consideration.
Broers of Cerro Gordo moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2272)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Horbach | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Jones | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Mertz | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Siegrist, Spkr. | Smith | Stevens |
|
Sukup | Taylor, T. | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Metcalf, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 6:
|
Foege | Hoffman | O'Brien | Sievers |
|
Taylor, D. | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Senate File 2301, a bill for an act relating to representation of
indigent persons and the duties of the state public defender, with
report of committee recommending passage, was taken up for
consideration.
Shey of Linn offered the following amendment H-8334 filed by him
and moved its adoption:
H-8334
1 Amend Senate File 2301, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 13B.4, subsection 1, Code
6 2001, is amended to read as follows:
7 1. The state public defender shall coordinate the
8 provision of legal representation of all indigents
9 under arrest or charged with a crime, seeking
10 postconviction relief, against whom a contempt action
11 is pending, in proceedings under chapter 229A, on
12 appeal in criminal cases, on appeal in proceedings to
13 obtain postconviction relief when ordered to do so by
14 the district court in which the judgment or order was
15 issued, and on a reopening of a sentence proceeding,
16 and may provide for the representation of indigents in
17 proceedings instituted pursuant to chapter 908 section
18 908.11. The state public defender shall not engage in
19 the private practice of law."
20 2. Page 1, lines 15 and 16, by striking the words
21 "in violation of section 814.11 or 815.10" and
22 inserting the following: "without complying with
23 section 814.11, subsection 6, or section 815.10,
24 subsection 5".
25 3. Page 2, line 5, by striking the words "The
26 party appearing by telephone" and inserting the
27 following: "If the state public defender participates
28 by telephone, the state public defender".
29 4. Page 9, line 9, by striking the figure
30 "908.1,".
31 5. Page 9, line 10, by striking the words and
32 figure "and 908.11, or the rules of criminal
33 procedure" and inserting the following: "or the rules
34 of criminal procedure or 908.11".
35 6. Page 9, by inserting after line 22 the
36 following:
37 "Sec. . Section 908.2, unnumbered paragraph 1,
38 Code 2001, is amended to read as follows:
39 An officer making an arrest of an alleged parole
40 violator shall take the arrested person before a
41 magistrate without unnecessary delay for an initial
42 appearance. At that time the alleged parole violator
43 shall be furnished with a written notice of the
44 claimed violation, shall be advised of the right to
45 appointed counsel under rule 26 of the rules of
46 criminal procedure, and shall be given notice that a
47 parole revocation hearing will take place and that its
48 purpose is to determine whether the alleged parole
49 violation occurred and whether the alleged violator's
50 parole should be revoked.
Page 2
1 Sec. . Section 908.4, Code 2001, is amended to
2 read as follows:
3 908.4 PAROLE REVOCATION HEARING.
4 1. The parole revocation hearing shall be
5 conducted by an administrative parole and probation
6 judge who is an attorney. The revocation hearing
7 shall determine the following:
8 1. a. Whether the alleged parole violation
9 occurred.
10 2. b. Whether the violator's parole should be
11 revoked.
12 2. The administrative parole and probation judge
13 shall make a verbatim record of the proceedings. The
14 alleged violator shall not have the right to appointed
15 counsel, shall be informed of the evidence against the
16 violator, shall be given an opportunity to be heard,
17 shall have the right to present witnesses and other
18 evidence, and shall have the right to cross-examine
19 adverse witnesses, except if the judge finds that a
20 witness would be subjected to risk or harm if the
21 witness's identity were disclosed. The revocation
22 hearing may be conducted electronically."
23 7. By renumbering as necessary.
Amendment H-8334 was adopted.
Shey of Linn asked and received unanimous consent to withdraw
amendment H-8333 filed by him on March 19, 2002.
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. 2301)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Hoffman | Horbach | Hoversten |
|
Huseman | Huser | Jacobs | Jenkins |
|
Jochum | Johnson | Jones | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Mertz | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Siegrist, Spkr. | Smith | Stevens |
|
Sukup | Taylor, T. | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Metcalf, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 6:
|
Foege | Heaton | O'Brien | Sievers |
|
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
File 2467 and Senate Files 2272 and 2301.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk, until his return, on request of T. Taylor of Linn.
Appropriations Calendar
House File 2582, a bill for an act appropriating federal funds
made available from federal block grants and other federal grants,
allocating portions of federal block grants, and providing procedures
if federal funds are more or less than anticipated or if federal block
grants are more or less than anticipated, was taken up for
consideration.
Murphy of Dubuque offered the following amendment H-8209 filed
by him and moved its adoption:
H-8209
1 Amend House File 2582 as follows:
2 1. Page 2, by striking lines 4 through 11.
Amendment H-8209 lost.
Roberts of Carroll moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (H.F. 2582)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Fallon | Finch |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Grundberg | Hahn | Hansen |
|
Hatch | Heaton | Hoffman | Horbach |
|
Hoversten | Huseman | Jacobs | Jenkins |
|
Jochum | Johnson | Jones | Kettering |
|
Klemme | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Mertz | Millage | Murphy |
|
Myers | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Siegrist, Spkr. | Smith | Stevens |
|
Sukup | Taylor, T. | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Metcalf, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 6:
|
Foege | Huser | O'Brien | Sievers |
|
Taylor, D. | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
INTRODUCTION OF BILL
House File 2587, by committee on appropriations, a bill for an act
relating to the Iowa energy center, including changes relating to
salary adjustments, and promotion and administration of the
alternative energy revolving loan program.
Read first time and placed on the appropriations calendar.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 2582 be immediately messaged to the Senate.
HOUSE FILES REREFERRED TO COMMITTEE
Rants of Woodbury asked and received unanimous consent that
the following bills be rereferred to the committee as listed:
House File 193 State Government
House File 268 Transportation
House File 617 Agriculture
House File 2008 State Government
House File 2176 Human Resources
House File 2181 Local Government
House File 2186 Transportation
House File 2187 Transportation
House File 2287 Human Resources
House File 2302 Environmental Protection
House File 2320 Natural Resources
House File 2342 Commerce and Regulation
House File 2343 Natural Resources
House File 2364 Labor and Industrial Relations
House File 2375 Local Government
House File 2380 State Government
House File 2382 Human Resources
House File 2393 Human Resources
House File 2431 State Government
House File 2436 Local Government
House File 2439 Human Resources
House File 2452 Commerce and Regulation
House File 2460 Natural Resources
House File 2465 Agriculture
House File 2466 Judiciary
House File 2483 Labor and Industrial Relations
House File 2484 Transportation
House File 2490 Commerce and Regulation
House File 2491 State Government
House File 2493 Judiciary
House File 2498 Transportation
House File 2500 Commerce and Regulation
House File 2501 Judiciary
House File 2502 Judiciary
House File 2505 Judiciary
House File 2508 Judiciary
House File 2511 Transportation
House File 2512 Agriculture
House File 2513 Human Resources
House File 2525 Judiciary
House File 2527 State Government
House File 2533 Judiciary
House File 2537 Environmental Protection
House File 2540 State Government
House File 2542 Human Resources
House File 2544 Judiciary
House File 2548 Economic Development
House File 2550 State Government
House File 2551 Judiciary
House File 2561 Human Resources
House File 2564 Judiciary
House File 2566 Judiciary
House File 2567 Local Government
House File 2568 Judiciary
House File 2569 Local Government
House File 2572 Human Resources
House File 2581 State Government
REPORT OF THE CHIEF CLERK OF THE HOUSE
MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bill the following corrections was made:
House File 2453
1. Page 3, line 6 - Remove underscoring of first build-up.
MARGARET A. THOMSON
Chief Clerk of the House
COMMUNICATION FROM THE STATE APPEAL BOARD
The following communication was received from the State Appeal
Board on March 20, 2002, and is on file in the office of the Chief
Clerk:
March 18, 2002
Chief Clerk
House of Representatives
Statehouse
L O C A L
Dear Chief Clerk:
There are transmitted herewith claims against the State of Iowa to be filed with the
Claims Committee of the House of Representatives.
These include 5 claims of general nature that were denied by the State Appeal
Board during February 2002 through March, 2002.
The attached index shows claim number, name and address of claimant and the
amount requested in the claim.
Sincerely,
Richard D. Johnson
Chairperson
STATE APPEAL BOARD
Receipt of the above is hereby acknowledged.
MARGARET A. THOMSON
Chief Clerk of the House
DENIED GENERAL CLAIMS BY THE STATE APPEAL BOARD
SUBMITTED TO THE 79TH GENERAL ASSEMBLY
February 2002 Through March 2002
Claim Full Name City Type Amount
G011443 Stephanie Larson or Watertown, WI License $136.00
Matthew Kohls Refund
G020035 Matthew D. Racine, WI License $17.00
Fitzpatrick Refund
G020036 Matthew P. Racine, WI License $164.00
Fitzpatrick Refund
G020071 Penny Jo Cook Wichita, KS License $95.00
Refund
G020237 Dickinson County Spirit Lake, IA RE Transfer $1,079.20
Agricultural Society Tax
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 18 and
19, 2002. Had I been present, I would have voted "aye" on House
Files 2138, 2190, 2246, 2499, 2509 and Senate Files 2098, 2116, 2133,
2155, 2156, 2167, 2192, 2195, 2201, 2210, 2231, 2260, 2277, 2278,
2288, and "nay" on Senate File 2315
O'BRIEN of Boone
I was necessarily absent from the House chamber on March 19,
2002. Had I been present, I would have voted "aye" on House Files
2138, 2190, 2246, 2499,2509 and Senate Files 2098, 2116, 2167, 2195,
2231, 2278, 2288, 2315, and amendment H-8332 to Senate File 2315.
REYNOLDS of Van Buren
I was necessarily absent from the House chamber on March 19,
2002. Had I been present, I would have voted "aye" on House Files
2138, 2190, 2246, 2509 and Senate Files 2098, 2116, 2167, 2195,
2231, 2278, 2288, 2315 and "nay" on House File 2499 and amendment
H-8332 to Senate File 2315.
ROBERTS of Carroll
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Ten Senior students from BGM High School, Brooklyn,
accompanied by Duane Popenhagen. By Carroll of Poweshiek.
Thirty-one Freshman students from Montezuma High School,
Montezuma, accompanied by Sheldon Groote. By Carroll of
Poweshiek.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2002\791 Harlyn Wessel, Edgewood - For 50 years of service to the Edgewood
Fire Department.
2002\792 Merlin and Lenora Mae Anderson, Elkader - For celebrating their
51st wedding anniversary.
2002\793 Sylvan and Mary Torkelson, Elgin - For celebrating their 51st
wedding anniversary.
2002\794 Arlyn and Mary Ann Gray, Elkader - For celebrating their 51st
wedding anniversary.
2002\795 Mr. and Mrs. Jack Arp, Davenport - For celebrating their 60th
wedding anniversary.
2002\796 Ernest W. Kent, Davenport - For celebrating his 80th birthday.
2002\797 Jack Ohle, Waverly - In recognition of the 150th anniversary of
Wartburg College.
2002\798 Chief George Morgan, Keokuk - For his retirement after 30 years as
a member of the Keokuk Police Department.
2002\799 Leona Heisdorffer, Sigourney - For celebrating her 100th birthday.
2002\800 Wilbur Bender, Independence - For celebrating his 90th birthday.
2002\801 Kenneth and Mable Knox, Newton - For celebrating their 50th
wedding anniversary.
2002\802 Samantha Klever, East Buchanan High School - For being named a
State of Iowa Scholar.
SUBCOMMITTEE ASSIGNMENT
Senate File 2168
Appropriations: Millage, Chair; Brunkhorst and Mascher.
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 APPROPRIATIONS
Committee Bill (Formerly House File 580), providing for the regulation of fire
protection systems and personnel, making an appropriation, and providing civil and
criminal penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass March 20, 2002.
Committee Bill (Formerly House File 2160), relating to the meetings of the
revenue estimating conference.
Fiscal Note is not required.
Recommended Amend and Do Pass March 20, 2002.
Committee Bill (Formerly House File 2432), relating to the Iowa energy center,
including changes relating to salary adjustments, and promotion and administration of
the alternative energy revolving loan program.
Fiscal Note is not required.
Recommended Do Pass March 20, 2002.
RESOLUTION FILED
HCR 122 by Wilderdyke, a concurrent resolution requesting the
Supreme Court to implement a review and development of options to
improve performance of guardian ad litem duties.
Laid over under Rule 25.
AMENDMENTS FILED
H-8369 H.F. 2516 Murphy of Dubuque
H-8371 S.F. 2190 Dotzler of Black Hawk
H-8372 S.F. 2190 Dotzler of Black Hawk
H-8373 S.F. 2190 Murphy of Dubuque
H-8374 S.F. 2190 Murphy of Dubuque
H-8375 S.F. 2190 Tremmel of Wapello
H-8376 S.F. 2190 Dotzler of Black Hawk
H-8377 H.F. 2516 Murphy of Dubuque
Fallon of Polk
Huser of Polk
H-8378 S.F. 2267 Kuhn of Floyd
Mertz of Kossuth
H-8379 H.F. 2454 Senate Amendment
H-8380 S.F. 2190 Warnstadt of Woodbury
H-8381 S.F. 2190 Hatch of Polk
H-8382 S.F. 2190 Hatch of Polk
H-8383 S.F. 2190 T. Taylor of Linn
H-8384 S.F. 2190 Jochum of Dubuque
H-8385 S.F. 2190 Dotzler of Black Hawk
H-8386 S.F. 2190 Hatch of Polk
H-8387 S.F. 2190 Hatch of Polk
H-8388 S.F. 2190 Bell of Jasper
H-8389 S.F. 2190 Smith of Marshall
Foege of Linn
H-8390 S.F. 2190 Jochum of Dubuque
H-8391 S.F. 2190 T. Taylor of Linn
H-8392 S.F. 2190 Jochum of Dubuque
H-8393 S.F. 2034 Tremmel of Wapello
H-8394 S.F. 2118 Dolecheck of Ringgold
Raecker of Polk
Finch of Story
H-8395 S.F. 2190 Murphy of Dubuque
H-8396 S.F. 2144 Kreiman of Davis
Ford of Polk
H-8397 S.F. 348 Brunkhorst of Bremer
Wise of Lee
Boal of Polk
Roberts of Carroll
H-8398 S.F. 2118 Dolecheck of Ringgold
Raecker of Polk
Finch of Story
H-8399 S.F. 2146 Senate Amendment
H-8400 S.F. 2267 Eichhorn of Hamilton
H-8401 H.F. 2507 Senate Amendment
H-8402 H.F. 2554 Senate Amendment
H-8403 S.F. 2279 Hoffman of Crawford
H-8404 H.F. 2554 Gipp of Winneshiek
H-8405 S.F. 2034 Ford of Polk
On motion by Rants of Woodbury the House adjourned at 6:30
p.m., until 8:45 a.m., Thursday, March 21, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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