House Journal: Monday, April 1, 2002
JOURNAL OF THE HOUSE
Seventy-eighth Calendar Day - Fifty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, April 1, 2002
The House met pursuant to adjournment at 1:44 p.m., Gipp of
Winneshiek in the chair.
Prayer was offered by the retired Reverend Vic Groh, Deacon of
Sacred Heart Catholic Church, Rockwell. He was the guest of
Representative Roger Broers of Cerro Gordo County.
The Journal of Friday, March 29, 2002 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Kim Harders, a senior at
Hartley-Melvin-Sanborn High School in Hartley. She was the winner
of the county and district oratorical contest sponsored by the
American Legion. She was the guest of Representatives David
Johnson of Osceola County and Dan Huseman of Cherokee County.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Foege of Linn, for today and tomorrow, 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
April 1, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 608, a bill for an act relating to delinquency charges on certain
precomputed consumer credit transactions.
Also: That the Senate has on April 1, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2509, a bill for an act regarding business corporations, and providing an
effective date.
Also: That the Senate has on April 1, 2002, refused to concur in the House
amendment to the Senate amendment to the following bill in which the concurrence of
the Senate was asked:
House File 2532, a bill for an act relating to public retirement systems and
providing effective and retroactive applicability dates.
Also: That the Senate has on April 1, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2587, 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.
Also: That the Senate has on April 1, 2002, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:
Senate File 144, a bill for an act requiring contracts for the construction or
maintenance of highways to include certain provisions for the restoration of areas in
which fill dirt or other materials are to be removed.
Also: That the Senate has on April 1, 2002, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:
Senate File 2309, a bill for an act providing for regulation of processors, providing
for penalties, and providing an effective date and for retroactive applicability.
MICHAEL E. MARSHALL, Secretary
On motion by Jacobs of Polk, the House was recessed at 1:47 p.m.,
until 3:00 p.m.
AFTERNOON SESSION
The House reconvened at 3:13 p.m., Carroll of Poweshiek in the
chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Garman of Story, until her arrival, on request of Rants of Woodbury; O'Brien of
Boone on request of Huser of Polk.
CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 2268, a bill for an act relating to animals other than
livestock, including the taking of such animals, providing for their
disposition, and providing for the reimbursement of dispositional
expenses, with report of committee recommending amendment and
passage, was taken up for consideration.
Tremmel of Wapello offered amendment H-8297 filed by the
committee on judiciary as follows:
H-8297
1 Amend Senate File 2268, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 33 the
4 following:
5 "Sec. . Section 709A.1, subsection 2, paragraph
6 c, Code 2001, is amended to read as follows:
7 c. Any premises the use of which constitutes a
8 violation of sections section 725.5, or 725.10, or
9 725.11 chapter 717D."
10 2. Page 6, by inserting after line 23 the
11 following:
12 "Sec. . NEW SECTION. 717D.1 DEFINITIONS.
13 1. "Animal" means a nonhuman vertebrate.
14 2. "Contest event" means an event in which an
15 animal is or may be injured or tormented by another
16 animal involving physical combat, including but not
17 limited to bull baiting, bear baiting, cock fighting,
18 or dog fighting.
19 3. "Establishment" means the location where an
20 event occurs or is to occur, regardless of whether an
21 animal is present at the establishment or the animal
22 is witnessed by means of an electronic signal
23 transmitted to the location.
24 4. "Event" means a function organized for the
25 entertainment or profit of spectators for purposes of
26 witnessing an animal being injured or tormented.
27 5. "Event device" means equipment designed to
28 enhance an animal's entertainment value during
29 training or an event, including a device to improve
30 the animal's competitiveness.
31 6. "Livestock" means the same as defined in
32 section 717.1.
33 7. "Local authority" means the same as defined in
34 section 717B.1.
35 8. "Promoter" means a person who charges admission
36 for entry into an establishment or organizes, holds,
37 advertises, or otherwise conducts an event.
38 9. "Spectator" means a person who attends an
39 establishment for purposes of witnessing an event.
40 10. "Trainer" means a person who trains an animal
41 for purposes of engaging in an event, regardless of
42 where the event is located. A trainer includes a
43 person who uses an event device.
44 11. "Transporter" means a person who moves an
45 animal for delivery at a training location or an event
46 location.
47 Sec. . NEW SECTION. 717D.2 PROHIBITIONS -
48 CONTEST EVENTS.
49 A person shall not do any of the following:
50 1. Own or operate an establishment located in this
Page 2
1 state in which a contest event occurs or is to occur.
2 2. Act as a promoter of a contest event,
3 regardless of whether the contest event occurs in this
4 state or another state. For purposes of this
5 subsection, a person who aids, abets, or assists in
6 the promotion of a contest event shall be deemed to
7 act as a promoter.
8 3. Act as a trainer of an animal engaged or to be
9 engaged in a contest event conducted in this state or
10 another state. For purposes of this subsection, a
11 person who aids, abets, or assists in the training of
12 an animal engaged or to be engaged in a contest event
13 shall be deemed to act as a trainer.
14 4. Act as a transporter moving an animal in this
15 state.
16 5. Act as a spectator of a contest event conducted
17 in this state, regardless of whether the person paid
18 admission to witness the event.
19 Sec. . NEW SECTION. 717D.3 PROHIBITIONS -
20 NONCONTEST EVENTS.
21 1. This section shall apply to events other than
22 contest events.
23 2. A person shall not do any of the following:
24 a. Own or operate an establishment located in this
25 state in which an event occurs or is to occur.
26 b. Act as a promoter of an event, regardless of
27 whether the event occurs in this state or another
28 state. For purposes of this subsection, a person who
29 aids, abets, or assists in the promotion of an event
30 shall be deemed to act as a promoter.
31 c. Act as a trainer of an animal engaged or to be
32 engaged in an event conducted in this state or another
33 state. For purposes of this subsection, a person who
34 aids, abets, or assists in the training of an animal
35 engaged or to be engaged in an event shall be deemed
36 to act as a trainer.
37 d. Act as a transporter moving an animal in this
38 state.
39 e. Act as a spectator of an event conducted in
40 this state, regardless of whether the person paid
41 admission to witness the event.
42 Sec. . NEW SECTION. 717D.4 EXCEPTIONS.
43 1. A person is not subject to this chapter if the
44 person is not subject to the offense of livestock
45 abuse as provided in section 717.1A or animal abuse as
46 provided in section 717B.2.
47 2. This chapter shall not apply to any of the
48 following functions:
49 a. A race, including but not limited to a race
50 regulated under chapter 99D.
Page 3
1 b. A fair as defined in section 174.1.
2 c. A rodeo or a rodeo event.
3 d. A 4-H function.
4 Sec. . NEW SECTION. 717D.5 PENALTIES.
5 A person who violates a provision of this chapter
6 is guilty of a serious misdemeanor.
7 Sec. . NEW SECTION. 717D.6 CONFISCATION AND
8 DISPOSITION OF ANIMALS.
9 A local authority may confiscate an animal that is
10 trained with an event device or is part of an event.
11 The animal may be rescued and disposed of as neglected
12 livestock or other animal pursuant to section 717.5 or
13 717B.4. If the animal is not rescued and disposed of
14 pursuant to section 717.5 or 717B.4, it shall be
15 forfeited to the state and subject to disposition as
16 ordered by the court. In addition, the court shall
17 order the owner of the animal to pay an amount which
18 shall not be more than the expenses incurred in
19 maintaining or disposing of the animal. The court may
20 also order that the person pay reasonable attorney
21 fees and expenses related to the investigation of the
22 case that shall be taxed as other court costs. If
23 more than one person has a divisible interest in the
24 animal, the amount required to be paid shall be
25 prorated based on the percentage of interest in the
26 animal owned by each person. The moneys shall be paid
27 to the local authority incurring the expense. The
28 amount shall be subtracted from proceeds which are
29 received from the sale of the animal ordered by the
30 court.
31 Sec. . Sections 717B.7 and 725.11, Code 2001,
32 are repealed."
33 2. Title page, line 2, by striking the word
34 "and".
35 3. Title page, line 3, by inserting after the
36 word "expenses" the following: ", providing for the
37 protection of animals from injury or torment, and
38 providing penalties".
Baudler of Adair offered the following amendment H-8425, to the
committee amendment H-8297, filed by him and Kreiman of Davis
and moved its adoption:
H-8425
1 Amend the amendment, H-8297, to Senate File 2268,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 3 through 9.
5 2. Page 1, by striking lines 14 through 18, and
6 inserting the following:
7 " . "Contest animal" means a bull, bear, chicken,
8 or dog.
9 . "Contest device" means equipment designed to
10 enhance a contest animal's entertainment value during
11 training or a contest event, including a device to
12 improve the contest animal's competitiveness.
13 . "Contest event" means a function organized for
14 the entertainment or profit of spectators where a
15 contest animal is injured, tormented, or killed, if
16 the contest animal is a bull involved in a bullfight
17 or bull baiting, a bear involved in bear baiting, a
18 chicken involved in cock fighting, or a dog involved
19 in dog fighting."
20 3. Page 1, line 19, by striking the words "where
21 an" and inserting the following: "where a contest".
22 4. Page 1, lines 20 and 21, by striking the words
23 "an animal" and inserting the following: "a contest
24 animal".
25 5. Page 1, line 21, by striking the words "the
26 animal" and inserting the following: "the contest
27 animal".
28 6. Page 1, by striking lines 24 through 30.
29 7. Page 1, line 37, by striking the words "an
30 event" and inserting the following: "a contest
31 event".
32 8. Page 1, line 39, by striking the words "an
33 event" and inserting the following: "a contest
34 event".
35 9. Page 1, line 40, by striking the words "an
36 animal" and inserting the following: "a contest
37 animal".
38 10. Page 1, line 41, by striking the words "an
39 event" and inserting the following: "a contest
40 event".
41 11. Page 1, line 42, by striking the words "the
42 event" and inserting the following: "the contest
43 event".
44 12. Page 1, line 43, by striking the words "an
45 event" and inserting the following: "a contest".
46 13. Page 1, lines 44 and 45, by striking the
47 words "an animal" and inserting the following: "a
48 contest animal".
49 14. Page 1, line 45, by striking the words
50 "delivery at" and inserting the following: "delivery
Page 2
1 to".
2 15. Page 1, line 45, by striking the words "an
3 event" and inserting the following: "a contest
4 event".
5 16. Page 2, line 8, by striking the words "an
6 animal" and inserting the following: "a contest
7 animal".
8 17. Page 2, line 12, by striking the words "an
9 animal" and inserting the following: "a contest
10 animal".
11 18. Page 2, line 14, by striking the words "an
12 animal" and inserting the following: "a contest
13 animal".
14 19. Page 2, line 18, by striking the word "event"
15 and inserting the following: "contest event".
16 20. Page 2, by striking lines 19 through 41.
17 21. By striking page 2, line 43 through page 3,
18 line 3, and inserting the following:
19 "___. This chapter does not apply to a function
20 other than a contest event. A contest event does not
21 involve any of the following events:
22 a. A race, including but not limited to a race
23 regulated under chapter 99D.
24 b. A fair as defined in section 174.1.
25 c. A rodeo or rodeo event.
26 d. A 4-H function.
27 e. A hunting or fishing party.
28 f. A field meet or trial in which the skill of
29 dogs is demonstrated in pointing, retrieving,
30 trailing, or chasing any game bird, game animal, or
31 fur-bearing animal.
32 g. The raising or selling of game or fur-bearing
33 animals as provided in chapter 481A.
34 ___. This chapter shall not apply to any of the
35 following:
36 a. An action to carry out an order issued by a
37 court.
38 b. An action by a licensed veterinarian practicing
39 veterinary medicine as provided in chapter 169.
40 c. An action that is consistent with animal
41 husbandry practices.
42 d. An action allowed in order to carry out another
43 provision of law which allows the action.
44 e. The taking, hunting, trapping, or fishing for a
45 wild animal as provided in chapter 481A.
46 f. An action to protect the person's property from
47 a wild animal as defined in section 481A.1.
48 g. An action to protect a person from injury or
49 death caused by a wild animal as defined in section
50 481A.1.
Page 3
1 h. A person reasonably acting to protect the
2 person's property from damage caused by an unconfined
3 animal.
4 i. A person reasonably acting to protect a person
5 from injury or death caused by an unconfined animal.
6 j. A local authority reasonably acting to destroy
7 an animal, if at the time of the destruction, the
8 owner of the animal is absent or unable to care for
9 the animal, and the animal is permanently distressed
10 by disease or injury to a degree that would result in
11 severe and prolonged suffering.
12 k. An institution, as defined in section 145B.1,
13 or a research facility, as defined in section 162.2,
14 provided that the institution or research facility
15 performs functions within the scope of accepted
16 practices and disciplines associated with the
17 institution or research facility."
18 22. Page 3, line 9, by striking the words "an
19 animal" and inserting the following: "a contest
20 animal".
21 23. Page 3, by striking line 10, and inserting
22 the following: "trained with a contest device or is
23 part of a contest event."
24 24. Page 3, line 11, by striking the word
25 "animal" and inserting the following: "contest
26 animal".
27 25. Page 3, line 13, by striking the word
28 "animal" and inserting the following: "contest
29 animal".
30 26. Page 3, line 17, by striking the word
31 "animal" and inserting the following: "contest
32 animal".
33 27. Page 3, line 19, by striking the word
34 "animal" and inserting the following: "contest
35 animal".
36 28. Page 3, line 24, by striking the word
37 "animal" and inserting the following: "contest
38 animal".
39 29. Page 3, line 26, by striking the word
40 "animal" and inserting the following: "contest
41 animal".
42 30. Page 3, line 29, by striking the word
43 "animal" and inserting the following: "contest
44 animal".
45 31. Page 3, by striking lines 31 and 32, and
46 inserting the following:
47 "Sec. . Section 717B.7, Code 2001, is
48 repealed."
49 32. By renumbering, redesignating, and correcting
50 internal references as necessary.
Amendment H-8425 was adopted.
On motion by Tremmel of Wapello the committee amendment H-
8297, as amended, was adopted.
Tremmel of Wapello moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2268)
The ayes were, 94:
|
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 | Ford |
|
Gipp | Greimann | Grundberg | Hahn |
|
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 | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Reeder | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Sievers | Smith | Stevens | Sukup |
|
Taylor, D. | Taylor, T. | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Carroll, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 6:
|
Foege | Frevert | Garman | Hansen |
|
O'Brien | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Senate File 503, a bill for an act relating to the construction of
facilities or installation of practices related to open feedlot manure
control, and providing an effective date, with report of committee
recommending amendment and passage, was taken up for
consideration.
Boggess of Page offered amendment H-8309 filed by the committee
on agriculture as follows:
H-8309
1 Amend Senate File 503, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 455B.161, subsection 2,
6 paragraph b, Code 2001, is amended to read as follows:
7 b. A runoff control settled open feedlot effluent
8 basin which that collects and stores only
9 precipitation-induced runoff from an animal feeding
10 operation in which animals are confined to areas which
11 are unroofed or partially roofed and in which no crop,
12 vegetation, or forage growth or residue cover is
13 maintained during the period in which animals are
14 confined in the operation an open feedlot.
15 Sec. 2. Section 455B.161, Code 2001, is amended by
16 adding the following new subsection:
17 NEW SUBSECTION. 18A. "Open feedlot" means an
18 unroofed or partially roofed animal feeding operation
19 if crop, vegetation, or forage growth or residue cover
20 is not maintained as part of the animal feeding
21 operation during the period that animals are confined
22 in the animal feeding operation.
23 Sec. 3. Section 455B.171, Code 2001, is amended by
24 adding the following new subsections:
25 NEW SUBSECTION. 23A. "Open feedlot" means the
26 same as defined in section 455B.161.
27 NEW SUBSECTION. 38A. "Settled open feedlot
28 effluent" means a combination of manure,
29 precipitation-induced runoff, or other runoff
30 originating from an open feedlot after its settleable
31 solids have been removed.
32 NEW SUBSECTION. 38B. "Settled open feedlot
33 effluent basin" or "basin" means an impoundment which
34 is part of an open feedlot, if the primary function of
35 the impoundment is to collect and store settled open
36 feedlot effluent.
37 Sec. 4. NEW SECTION. 455B.205A CONSTRUCTION
38 DESIGN STANDARDS - SETTLED OPEN FEEDLOT EFFLUENT
39 BASINS.
40 If the department requires that a settled open
41 feedlot effluent basin be constructed according to
42 design standards, regardless of whether the department
43 requires the owner to obtain a construction permit
44 under section 455B.200, all of the following shall
45 apply:
46 1. Any design standards for a basin shall be
47 established by rule as provided in chapter 17A that
48 exclusively account for special design characteristics
49 of open feedlots and related basins, including but not
50 limited to the dilute composition of settled open
Page 2
1 feedlot effluent as collected and stored in the
2 basins.
3 2. The design standards for the basin shall be
4 less restrictive than the design standards governing a
5 confinement feeding operation's manure storage
6 structure required to be constructed pursuant to a
7 construction permit as provided in section 455B.200A,
8 regardless of whether the design standards for the
9 manure storage structure are provided by statute or
10 departmental rule."
11 2. Title page, by striking lines 1 through 3, and
12 inserting the following: "An Act relating to open
13 feedlots, by providing for standards of construction
14 for pollution control structures."
Kuhn of Floyd asked and received unanimous consent to withdraw
amendment H-8467, to the committee amendment H-8309, filed by
him on March 27, 2002.
Boggess of Page offered the following amendment H-8474, to the
committee amendment H-8309, filed by her and moved its adoption:
H-8474
1 Amend the amendment, H-8309, to Senate File 503, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 43 through 46, and
5 inserting the following: "requires the owner to be
6 issued a construction permit under section 455B.200,
7 any design standards for the basin shall be".
8 2. Page 2, by striking lines 3 through 10, and
9 inserting the following:
10 "Sec. . DIRECTIONS TO CODE EDITOR. The Code
11 editor shall transfer provisions of this Act amending
12 Code chapter 455B to a new chapter in conformance with
13 sections transferred pursuant to Senate File 2293 or
14 House File 2468, if enacted by the Seventy-ninth
15 General Assembly, 2002 Session.""
16 3. By renumbering as necessary.
Amendment H-8474 was adopted.
The committee amendment H-8309, as amended, was adopted.
Boggess of Page 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. 503)
The ayes were, 94:
|
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 | Ford |
|
Gipp | Greimann | Grundberg | Hahn |
|
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 | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Reeder | Rekow | Reynolds |
|
Richardson | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Siegrist, Spkr. |
|
Sievers | Smith | Stevens | Sukup |
|
Taylor, D. | Taylor, T. | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Carroll, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 6:
|
Foege | Frevert | Garman | Hansen |
|
O'Brien | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 1, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2531, a bill for an act making certain amendments to the Iowa trust
code.
Also: That the Senate has on April 1, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2323, a bill for an act relating to the creation of a registered nurse
recruitment program and fund to be administered by the college student aid
commission.
MICHAEL E. MARSHALL, Secretary
CONSIDERATION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 466)
Broers of Cerro Gordo called up for consideration the report of the
conference committee on Senate File 466 and the amendments
contained therein as follows:
REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 466
To the President of the Senate and the Speaker of the House of Representatives:
We, the undersigned members of the conference committee appointed to resolve the
differences between the Senate and House of Representatives on Senate File 466, a bill
for an Act relating to child care and protection public policy provisions involving
children, respectfully make the following report:
1. That the House recedes from its amendment, S-3443.
2. That Senate File 466, as passed by the Senate, is amended as follows:
1. Page 1, line 11, by striking the word "made," and inserting the following:
"made".
2. Page 1, by striking lines 15 through 31 and inserting the following:
"b. A child care provider that has been found in an administrative or judicial
proceeding to have obtained, or has agreed to entry of a civil judgment or judgment by
confession that includes a conclusion of law that the child care provider has obtained,
by fraudulent means, public funding for provision of child care in an amount equal to or
in excess of the minimum amount for a fraudulent practice in the second degree under
section 714.10, subsection 1, shall be subject to sanction in accordance with this
subsection. Such child care provider shall be subject to a period during which receipt of
public funding for provision of child care is conditioned upon no further violations and
to one or more of the following sanctions as determined by the department and imposed
in an administrative proceeding:
(1) Ineligibility to receive public funding for provision of child care.
(2) Suspension from receipt of public funding for provision of child care.
(3) Special review of the child care provider's claims for providing publicly funded
child care.
c. The following factors shall be considered in determining the sanction or
sanctions to be imposed under paragraph "b", subparagraphs (1) through (3):
(1) Seriousness of the violation.
(2) Extent of the violation.
(3) History of prior violations.
(4) Prior imposition of sanctions.
(5) Prior provision of provider education.
(6) Provider willingness to obey program rules.
(7) Whether a lesser sanction will be sufficient to remedy the problem.
d. In determining the value of the public funding obtained by fraudulent means, if
the public funding is obtained by two or more acts of fraudulent means by the same
person or location, or is obtained by different persons by two or more acts which occur
in approximately the same location or time period so that the acts of fraudulent means
used to obtain the public funding are attributable to a single scheme, plan, or
conspiracy, these acts may be considered as a single instance of the use of fraudulent
means and the value may be the total value of all moneys involved.
3. a. If a child care provider is subject to sanctions under subsection 2, the provider
shall submit to the department the names and addresses of children receiving child
care from the provider. The department shall send information to the parents of the
children regarding the provider's actions leading to the imposition of the sanctions and
the nature of the sanctions imposed. If the provider fails to submit the names and
addresses within five business days of the department notifying the provider, the
department shall suspend the provider's registration or license under this chapter until
the names and addresses are provided.
b. In addition to applying the suspension, the department may request that the
attorney general file a petition with the district court of the county in which the
provider is located for issuance of a temporary injunction enjoining the provider from
providing child care until the names and addresses are submitted to the department.
The attorney general may file the petition upon receiving the request from the
department. Any temporary injunction may be granted without a bond being required
from the department.
c. If the sanctions imposed under subsection 2 involve the provider's suspension or
ineligibility for receiving public funding for provision of child care, the department
shall not impose those sanctions before the parents of the affected children are
informed, and upon request, shall provide assistance to the parents in locating
replacement child care."
3. Title page, line 2, by inserting after the word "children" the following: "by
authorizing sanctions for a child care provider who obtains public funding by
fraudulent means".
ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:
ROGER BROERS, Chair DAVID MILLER, Chair
DANIEL BODDICKER JOHNIE HAMMOND
MIKE CORMACK STEVE KING
PATRICK MURPHY MARK SHEARER
MARK SMITH MAGGIE TINSMAN
Rants of Woodbury asked and received unanimous consent that
Senate File 466 be deferred and that the bill retain its place on the
calendar.
The House stood at ease at 3:43 p.m., until the fall of the gavel.
The House resumed session at 6:05 p.m., Speaker Siegrist in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-one members present,
twenty-nine absent.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Richardson of Warren on request of Huser of Polk.
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
April 1, 2002, refused to concur in the House amendment to the Senate amendment to
the following bill in which the concurrence of the Senate was 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 April 1, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2404, a bill for an act relating to the amount of additional weighting
provided for limited English proficient students.
Also: That the Senate has on April 1, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2446, a bill for an act relating to the proposed uniform computer
information transactions Act.
MICHAEL E. MARSHALL, Secretary
INTRODUCTION OF BILLS
House File 2612, by committee on appropriations, a bill for an act
relating to and making transportation and other infrastructure-
related appropriations to the state department of transportation,
including allocation and use of moneys from the road use tax fund,
primary road fund, and general fund of the state, and providing for
the nonreversion of certain moneys.
Read first time and placed on the appropriations calendar.
House File 2613, by committee on appropriations, a bill for an act
relating to and making appropriations from the senior living trust
fund to the department of elder affairs and the department of human
services and making appropriations from the hospital trust fund to
the department of human services and providing an effective date.
Read first time and placed on the appropriations calendar.
SENATE MESSAGE CONSIDERED
Senate File 2323, by committee on appropriations, a bill for an
act relating to the creation of a registered nurse recruitment program
and fund to be administered by the college student aid commission.
Read first time and referred to committee on appropriations.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 466)
Broers of Cerro Gordo called up for consideration the report of the
conference committee on Senate File 466, previously deferred and
found on pages 1100-1102 of the House Journal, and moved the
adoption of the conference committee report and the amendments
contained therein.
The motion prevailed and the conference committee report 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. 466)
The ayes were, 93:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Bukta |
|
Carroll | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Finch | Ford | 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 |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rayhons | Reeder | Rekow |
|
Reynolds | Roberts | Scherrman | Schrader |
|
Seng | Shey | Shoultz | Sievers |
|
Smith | Stevens | Sukup | Taylor, D. |
|
Taylor, T. | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Wilderdyke | Winckler | Wise | Witt |
|
Mr. Speaker |
|
Siegrist |
|
|
The nays were, none.
Absent or not voting, 7:
|
Brunkhorst | Fallon | Foege | Frevert |
|
O'Brien | Richardson | 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 2365,
a bill for an act relating to certain documents indexed and recorded
with the county recorder, amended by the Senate, and moved that the
House concur in the following Senate amendment H-8465:
H-8465
1 Amend House File 2365, as passed by the House, as
2 follows:
3 1. Page 1, by inserting after line 17, the
4 following:
5 "Sec. . Section 321G.29, Code 2001, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 10. If the county recorder is not
8 satisfied as to the ownership of the snowmobile or
9 all-terrain vehicle or that there are no undisclosed
10 security interests in the snowmobile or all-terrain
11 vehicle, the county recorder may issue a certificate
12 of title for the snowmobile or all-terrain vehicle,
13 but, as a condition of such issuance, may require the
14 applicant to file with the department a bond in the
15 form prescribed by the department and executed by the
16 applicant, and also executed by a person authorized to
17 conduct a surety business in this state. The form and
18 amount of the bond shall be established by rule of the
19 department. The bond shall be conditioned to
20 indemnify any prior owner and secured party and any
21 subsequent purchaser of the snowmobile or all-terrain
22 vehicle or person acquiring any security interest in
23 the snowmobile or all-terrain vehicle, and their
24 respective successors in interest, against any
25 expense, loss, or damage, including reasonable
26 attorney fees, by reason of the issuance of the
27 certificate of title of the snowmobile or all-terrain
28 vehicle or on account of any defect in or undisclosed
29 security interest upon the right, title, and interest
30 of the applicant in and to the snowmobile or all-
31 terrain vehicle. Any such interested person has a
32 right of action to recover on the bond for any breach
33 of its conditions, but the aggregate liability of the
34 surety to all persons shall not exceed the amount of
35 the bond. The bond shall be returned at the end of
36 three years or prior thereto if the snowmobile or all-
37 terrain vehicle is no longer registered in this state
38 and the certificate of title is surrendered to the
39 department, unless the department has been notified of
40 the pendency of an action to recover on the bond."
41 2. Page 1, by inserting after line 17, the
42 following:
43 "Sec. . NEW SECTION. 331.606A DOCUMENT
44 CONTENT - PROHIBITION OF INCLUDING SOCIAL SECURITY
45 NUMBER.
46 The preparer of a document shall not include an
47 individual's federal social security number in a
48 document that is prepared for recording in the office
49 of county recorder. This section does not apply to a
50 preparer of a state or federal tax lien or a military
Page 2
1 separation or discharge record that is prepared for
2 recording in the office of county recorder. If a
3 military separation or discharge record is recorded in
4 the office of the county recorder, the military
5 separation or discharge record shall not be accessible
6 through the internet.
7 Sec. . Section 331.602, subsection 4, Code
8 Supplement 2001, is amended by striking the
9 subsection."
10 3. Page 1, by inserting after line 34, the
11 following:
12 "Sec. . Section 462A.5, subsection 1,
13 unnumbered paragraph 2, Code Supplement 2001, is
14 amended to read as follows:
15 The owner of the vessel shall file an application
16 for registration with the appropriate county recorder
17 on forms provided by the commission. The application
18 shall be completed and signed by the owner of the
19 vessel and shall be accompanied by the appropriate
20 fee, and the writing fee specified in section 462A.53.
21 Upon applying for registration, the owner shall
22 display a bill of sale, receipt, or other satisfactory
23 proof of ownership as provided by the rules of the
24 commission to the county recorder. If the county
25 recorder is not satisfied as to the ownership of the
26 vessel or that there are no undisclosed security
27 interests in the vessel, the county recorder may
28 register the vessel but shall, as a condition of
29 issuing a registration certificate, require the
30 applicant to follow the procedure provided in section
31 462A.5A. Upon receipt of the application in approved
32 form accompanied by the required fees, the county
33 recorder shall enter it upon the records of the
34 recorder's office and shall issue to the applicant a
35 pocket-size registration certificate. The certificate
36 shall be executed in triplicate, one copy to be
37 delivered to the owner, one copy to the commission,
38 and one copy to be retained on file by the county
39 recorder. The registration certificate shall bear the
40 number awarded to the vessel, the passenger capacity
41 of the vessel, and the name and address of the owner.
42 In the use of all vessels except nonpowered sailboats,
43 nonpowered canoes, and commercial vessels, the
44 registration certificate shall be carried either in
45 the vessel or on the person of the operator of the
46 vessel when in use. In the use of nonpowered
47 sailboats, nonpowered canoes, or commercial vessels,
48 the registration certificate may be kept on shore in
49 accordance with rules adopted by the commission. The
50 operator shall exhibit the certificate to a peace
Page 3
1 officer upon request or, when involved in a collision
2 or accident of any nature with another vessel or other
3 personal property, to the owner or operator of the
4 other vessel or personal property.
5 Sec. . NEW SECTION. 462A.5A FILING BOND AS
6 ASSURANCE OF OWNERSHIP.
7 An applicant for registration of a vessel for which
8 the county recorder is not satisfied as to the
9 ownership of the vessel as provided in section 462A.5,
10 subsection 1, shall file with the department a bond in
11 the form prescribed by the department and executed by
12 the applicant, and also executed by a person
13 authorized to conduct a surety business in this state.
14 The form and amount of the bond shall be established
15 by rule of the department. The bond shall be
16 conditioned to indemnify any prior owner and secured
17 party and any subsequent purchaser of the vessel or
18 person acquiring any security interest in the vessel,
19 and their respective successors in interest, against
20 any expense, loss, or damage, including reasonable
21 attorney fees, by reason of the issuance of the
22 registration certificate of the vessel or on account
23 of any defect in or undisclosed security interest upon
24 the right, title, and interest of the applicant in and
25 to the vessel. Any such interested person has a right
26 of action to recover on the bond for any breach of its
27 conditions, but the aggregate liability of the surety
28 to all persons shall not exceed the amount of the
29 bond. The bond shall be returned at the end of three
30 years or prior thereto if the vessel is no longer
31 registered in this state and the registration
32 certificate is surrendered to the department, unless
33 the department has been notified of the pendency of an
34 action to recover on the bond."
35 4. Title page, line 1, by inserting after the
36 word "to" the following: "county recorders,
37 including".
38 5. Title page, line 2, by inserting after the
39 word "recorder" the following: "and a method for
40 issuing certificates of title for snowmobiles and all-
41 terrain vehicles, and registration certificates for
42 certain watercraft, for which ownership has not been
43 conclusively established".
44 6. By renumbering, relettering, or redesignating
45 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8465.
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. 2365)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Bukta |
|
Carroll | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Fallon | Finch | Ford |
|
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 | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Reeder |
|
Rekow | Reynolds | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Sievers | Smith | Stevens | Sukup |
|
Taylor, D. | Taylor, T. | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Mr. Speaker |
|
| Siegrist |
|
|
The nays were, none.
Absent or not voting, 6:
|
Brunkhorst | Foege | Frevert | O'Brien |
|
Richardson | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
CONSIDERATION OF BILLS
Ways and Means Calendar
House File 2591, a bill for an act relating to an increase in the
resident hunting license fee and establishing a pheasant and quail
restoration program and making an appropriation, was taken up for
consideration.
Rayhons of Hancock offered the following amendment H-8476 filed
by him and moved its adoption:
H-8476
1 Amend House File 2591 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 481A.48, subsection 1, Code
5 Supplement 2001, is amended to read as follows:
6 1. No person, except as otherwise provided by law,
7 shall willfully disturb, pursue, shoot, kill, take or
8 attempt to take or have in possession any of the
9 following game birds or animals except within the open
10 season established by the commission: Gray or fox
11 squirrel, bobwhite quail, cottontail or jack rabbit,
12 duck, snipe, pheasant, goose, woodcock, partridge,
13 coot, rail, ruffed grouse, wild turkey, pigeons, or
14 deer. The hunting hours shall be from 12 noon to 4
15 p.m. The seasons, bag limits, possession limits and
16 locality shall be established by the department or
17 commission under the authority of sections 456A.24,
18 481A.38, and 481A.39."
19 2. Title page, line 2, by inserting after the
20 word "program" the following: "and hunting hours".
21 3. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 2, nays 58.
Amendment H-8476 lost.
Rayhons of Hancock asked and received unanimous consent to
withdraw amendment H-8477 filed by him on March 28, 2002.
Rayhons of Hancock offered amendment H-8481 filed by him as
follows:
H-8481
1 Amend House File 2591 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 481A.48, subsection 1, Code
5 Supplement 2001, is amended to read as follows:
6 1. No person, except as otherwise provided by law,
7 shall willfully disturb, pursue, shoot, kill, take or
8 attempt to take or have in possession any of the
9 following game birds or animals except within the open
10 season established by the commission: Gray or fox
11 squirrel, bobwhite quail, cottontail or jack rabbit,
12 duck, snipe, pheasant, goose, woodcock, partridge,
13 coot, rail, ruffed grouse, wild turkey, pigeons, or
14 deer. The seasons, bag limits, possession limits and
15 locality shall be established by the department or
16 commission under the authority of sections 456A.24,
17 481A.38, and 481A.39. However, the commission shall
18 establish an open season of thirty days from November
19 10 through December 10 for game."
20 2. Title page, line 2, by inserting after the
21 word "program" the following: "and a hunting season".
22 3. By renumbering as necessary.
Sievers of Scott rose on a point of order that amendment H-8481
was not germane.
The Speaker ruled the point well taken and amendment H-8481
not germane.
Rayhons of Hancock offered the following amendment H-8478 filed
by him and moved its adoption:
H-8478
1 Amend House File 2591 as follows:
2 1. Page 1, line 3, by striking the figure "17.00"
3 and inserting the following: "14.50".
4 2. Page 1, by striking lines 4 through 12 and
5 inserting the following:
6 "Sec. . NEW SECTION. 483A.25 APPROPRIATION
7 FOR CONSERVATION OFFICERS RETIREMENT BENEFITS.
8 The revenue received from the resident hunting
9 license fee increase in this Act for each fiscal year
10 of the fiscal period beginning July 1, 2002, and
11 ending June 30, 2007, is appropriated to the
12 department and shall be used solely to fund retirement
13 benefits for state conservation officers employed by
14 the department of natural resources."
15 3. Title page, by striking line 2 and inserting
16 the following: "fee to provide funding for state
17 conservation officers retirement benefits".
18 4. By renumbering as necessary.
Amendment H-8478 lost.
Rayhons of Hancock asked and received unanimous consent to
withdraw amendment H-8479 filed by him on March 28, 2002.
Rayhons of Hancock offered the following amendment H-8484 filed
by him and moved its adoption:
H-8484
1 Amend House File 2591 as follows:
2 1. Page 1, by striking lines 1 through 3.
3 2. Page 1, by striking lines 6 through 12 and
4 inserting the following:
5 "In addition to the fee provided for in section
6 483A.1, subsection 1, paragraph "c", an applicant for
7 a hunting license may voluntarily contribute an
8 additional amount of five dollars or more to fund a
9 pheasant and quail restoration program established by
10 the department. The revenue received from the
11 additional voluntary contribution to the hunting
12 license fee is appropriated to the department and
13 shall be used solely to fund a pheasant and quail
14 restoration program."
15 3. By renumbering as necessary.
Amendment H-8484 lost.
Rayhons of Hancock asked and received unanimous consent to
withdraw amendment H-8482 filed by him on March 28, 2002.
Van Engelenhoven of Mahaska offered amendment H-8475 filed by
him and requested division as follows:
H-8475
1 Amend House File 2591 as follows:
H-8475A
2 1. Page 1, line 12, by inserting after the word
3 "program." the following: "The department shall
4 submit a report on the pheasant and quail restoration
H-8475A
5 program to the chairpersons of the house committee on
6 natural resources and the senate committee on natural
7 resources and environment not later than January 1,
8 2007."
H-8475B
9 2. Page 1, by inserting after line 12 the
10 following:
11 "Sec. ___. This Act is repealed effective July 1,
12 2007, and the Code editor is directed to restore the
13 provisions of section 483A.1, subsection 1, paragraph
14 "c" as the provisions appear in Code Supplement 2001."
15 3. Title page, by striking line 3 and inserting
16 the following: ", making an appropriation, and
17 providing for a repeal."
18 4. By renumbering as necessary.
Alons of Sioux offered the following amendment H-8485, to
amendment H-8475A, filed by him from the floor and moved its
adoption:
H-8485
1 Amend the amendment, H-8475, to House File 2591 as
2 follows:
3 1. Page 1, line 4, by inserting after the word
4 "report" the following: "annually".
5 2. Page 1, by striking line 8 and inserting the
6 following: "2004, and not later than January 1 of
7 each subsequent year.""
Amendment H-8485 was adopted.
On motion by Van Engelenhoven of Mahaska amendment H-
8475A, as amended, was adopted.
Van Engelenhoven of Mahaska asked and received unanimous
consent to withdraw amendment H-8475B.
Rayhons of Hancock offered the following amendment H-8480 filed
by him and moved its adoption:
H-8480
1 Amend House File 2591 as follows:
2 1. Page 1, by striking lines 1 through 12.
Amendment H-8480 lost.
Sievers of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (H.F. 2591)
The ayes were, 78:
|
Alons | Arnold | Atteberry | Baudler |
|
Bell | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Broers | Bukta |
|
Carroll | Cohoon | Connors | De Boef |
|
Dix | Dolecheck | Dotzler | Drake |
|
Eddie | Elgin | Fallon | Finch |
|
Gipp | Greimann | Grundberg | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Hoversten | Huseman | Huser |
|
Jacobs | Jenkins | Jochum | Johnson |
|
Jones | Kettering | Klemme | Kuhn |
|
Lensing | Manternach | Mascher | May |
|
Mertz | Metcalf | Millage | Myers |
|
Osterhaus | Petersen | Quirk | Raecker |
|
Rants | Rekow | Roberts | Scherrman |
|
Seng | Shey | Shoultz | Sievers |
|
Stevens | Sukup | Taylor, D. | Taylor, T. |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Weidman | Wilderdyke | Winckler |
|
Witt | Mr. Speaker |
|
| Siegrist |
|
|
The nays were, 16:
|
Chiodo | Cormack | Eichhorn | Ford |
|
Garman | Kreiman | Larkin | Larson |
|
Murphy | Rayhons | Reeder | Reynolds |
|
Schrader | Smith | Tremmel | Wise |
|
|
Absent or not voting, 6:
|
Brunkhorst | Foege | Frevert | O'Brien |
|
Richardson | 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 2614, by committee on appropriations, a bill for an act
relating to and making appropriations to state departments and
agencies from the tobacco settlement trust fund, rebuild Iowa
infrastructure fund, and environment first fund, and providing
effective dates.
Read first time and placed on the appropriations calendar.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2365, 2591 and Senate Files 503 and 2268.
REPORT OF CHIEF CLERK OF THE HOUSE
MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following correction was made:
House File 681
1. Page 15, line 16 - Change "subsection 3" to "subsection 4".
MARGARET A. THOMSON
Chief Clerk of the House
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 1st day of April, 2002: House Files 2109, 2116, 2317, 2409 and 2538.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 29, 2002, he approved and transmitted to the Secretary of
State the following bills:
House File 2082, an act expanding the time periods within which watercraft must
be registered after a sale or transfer and within which watercraft may be operated
without an identification number.
House File 2138, 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 and including a retroactive
applicability provision.
House File 2150, an act relating to the performance of honor guard services on
public property by members of a reserve officer training corps, the Iowa National
Guard, or the reserve forces of the United States.
House File 2151, an act adding certain information concerning school security or
emergency preparedness to the list of public records kept confidential.
House File 2153, an act relating to presentation of victim impact statements at
criminal sentencing hearings.
House File 2190, an act relating to the procedural requirements for foreign and
international adoption, and providing an effective date.
House File 2229, an act relating to use of moneys in the strategic investment fund.
House File 2230, an act relating to sentences of incarceration for third or
subsequent operating-while-intoxicated motor vehicle offenses.
House File 2246, an act relating to administrative procedures of county treasurers
for property taxation and vehicle registration.
House File 2249, 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.
House File 2281, an act requiring the licensure of landscape architects.
House File 2289, an act relating to the preparation and filing of an assessment
schedule for abatement of a nuisance by a city.
House File 2394, an act eliminating teacher licensure of community college faculty;
requiring community colleges to develop, approve, and implement a quality faculty
plan; and providing for related matters and effective dates.
Senate File 2116, an act relating to the preservation and enhancement of the state
capitol.
Senate File 2133, an act relating to real estate brokers, including defining the
activities of a real estate broker, licensure and insurance coverage, and providing a
penalty.
Senate File 2156, an act authorizing all counties not served by a permanent state
department of transportation facility to issue driver's licenses, nonoperator
identification cards, and persons with disabilities identification devices under certain
conditions.
Senate File 2167, 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.
Senate File 2231, an act providing for hospital access to abuse registries for
purposes of employment checks.
Also: That on April 1, 2002, he approved and transmitted to the
Secretary of State the following bills:
House File 2248, an act relating to the designation of a Bill of Rights Day.
House File 2310, an act relating to vendor contracts for the statewide underground
facility notification center.
House File 2363, an act relating to permits for and the possession of weapons and
providing penalties.
House File 2448, an act relating to diverting township taxes to a municipality
providing emergency services to the township.
House File 2467, an act providing for licensure sanctions against defaulters of
designated loan and scholarship programs.
House File 2488, an act relating to the department of elder affairs including
provisions relating to the elder Iowans Act.
Senate File 2086, an act relating to the kilowatt threshold for electric transmission
line franchises, making related changes, and providing an effective date.
Senate File 2098, an act relating to the criminal offenses of unauthorized computer
access and criminal mischief, and providing a penalty.
Senate File 2201, an act relating to nonsubstantive Code corrections and including
effective and retroactive applicability provisions.
Senate File 2278, an act relating to analyzing the confinement and detention needs
of jails, and other local or regional confinement facilities, and providing an effective
date.
Senate File 2288, an act relating to the appointment of an acting or a temporary
county attorney.
GOVERNOR'S VETO MESSAGE
A copy of the following communication was received and placed on
file:
March 29, 2002
Brent Siegrist
Speaker of the House
State Capitol Building
L O C A L
Dear Speaker Siegrist:
I hereby transmit House File 2264, an act relating to informed consent provisions
relating to an abortion and providing criminal penalties, and providing an effective
date.
House File 2264 provides that an abortion shall be prohibited without the
"voluntary and informed consent" of the woman seeking the procedure. There has been
an ongoing discussion in this state about the level of communication that takes place
between medical professionals and women seeking abortion services. A number of
Iowans believe that women who seek abortion services in this state do not receive
sufficient information to make an informed decision about whether to terminate their
pregnancies. Given this concern, I have directed the Iowa Department of Public Health
to take all appropriate steps to ensure that Iowans confronted with this difficult choice
are given access, at their option, to a full range of medically-accurate and
comprehensive information. Furthermore, I have directed the Department to take
appropriate steps to ensure that Iowans have access to information that also promotes
quality pre-natal and neo-natal care, and encourages the use of family support services
at every stage of pregnancy and family development. I believe my directive will make
available more medically-accurate and comprehensive information than House File
2264 would have required without criminalizing the actions of doctors.
Given the current laws in Iowa and the now heightened level of information that
will be made available to women pursuant to my directive to the Iowa Department of
Public Health, I conclude that House File 2264 is unnecessary. For these reasons, I
hereby respectfully disapprove this bill.
Sincerely,
Thomas J. Vilsack
Govenor
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\896 Irene Netten, Orange City - For celebrating her 90th birthday.
2002\897 Bertha Brady, Sioux Center - For celebrating her 103rd birthday.
2002\898 Tom and Agnes McCarty, Larchwood - For celebrating their 60th
wedding anniversary.
2002\899 Reka Itzen, Grundy Center - For celebrating her 90th birthday.
2002\900 Dale and Lucille Henry, Indianola - For celebrating their 50th
wedding anniversary.
2002\901 Aaron Kendall, Oelwein - For attaining the rank of Eagle Scout, the
highest rank in the Boys Scouts of America.
2002\902 George-Little Rock Individual Speech Team, Mrs. Brenda
Sandbulte and Mrs. Jill Perfect, George-Little Rock High School -
For winning the Sweep Stakes Trophy which will be presented at
UNI, for the largest number of Outstanding Nominations for All-
State at the State Speech Tournament, and for being one of the
very few 1-A schools to ever receive this trophy.
2002\903 Mildred Birdsell Pattschull, Clear Lake - For celebrating her 90th
birthday.
2002\904 L.B. Bernard McMurray, Mason City - For celebrating his 80th
birthday.
2002\905 Elizabeth Clark, Clear Lake - For celebrating her 100th birthday.
2002\906 Al Tracy, Mason City - For celebrating her 99th birthday.
2002\907 Garfield Seehawer, Mason City - For celebrating his 80th birthday.
2002\908 Stan Rodberg, Mason City - For celebrating his 100th birthday.
2002\909 Eva Kimble, Mason City - For celebrating her 100th birthday.
2002\910 Aileen Boyd, Mason City - For celebrating her 104th birthday.
2002\911 Harry LaVern and Sena Christensen, Clear Lake - For celebrating
their 65th wedding anniversary.
2002\912 Merle and Pauline Harland, Clarinda - For celebrating their 74th
wedding anniversary.
2002\913 Jeff Zittergruen, Van Horne - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2002\914 Don and Charlotte Oberbroeckling, Garnavillo - For celebrating
their 50th wedding anniversary.
2002\915 Jessica Wilke, Elkader - For attaining the Girl Scout Gold Award,
the highest award in Girl Scouting.
2002\915 Cara Doerscher, St. Olaf - For attaining the Girl Scout Gold Award,
the highest award in Girl Scouting.
2002\917 Alma Mahaney, Sioux City - For celebrating her 88th birthday.
2002\918 Brandelle Slater, Guthrie Center - For being selected a Member of
West Central Conference Academic Bowl Championship Teams for
2002.
2002\919 Tara Gilson, Guthrie Center - For being selected a Member of West
Central Conference Academic Bowl Championship Teams for 2002.
2002\920 Jesse Riordan, Guthrie Center - For being selected a Member of
West Central Conference Academic Bowl Championship Teams for
2001 and 2002.
2002\921 Jordan Dinkla, Guthrie Center - For being selected a Member of
West Central Conference Academic Bowl Championship Teams for
2001 and 2002.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation 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 Study Bill 716), relating to and making
transportation and other infrastructure-related appropriations to the state department
of transportation, including allocation and use of moneys from the road use tax fund
and primary road fund, and providing for the nonreversion of certain moneys.
Fiscal Note is not required.
Recommended Amend and Do Pass April 1, 2002.
Committee Bill (Formerly House Study Bill 718), relating to and making
appropriations to state departments and agencies from the tobacco settlement trust
fund, rebuild Iowa infrastructure fund, and environment first fund, and providing
effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass April 1, 2002
LSB7190HV, relating to and making appropriations from the senior living trust
fund to the department of elder affairs and the department of human services and
making appropriations from the hospital trust fund to the department of human
services and providing an effective date.
Fiscal Note is not required.
Recommeded Do Pass April 1, 2002.
RESOLUTION FILED
HR 120, by Raecker, a resolution honoring the University of Iowa
Women's Basketball Team and Coach Lisa Bluder.
Laid over under Rule 25.
On motion by Rants of Woodbury the House adjourned at 7:11
p.m., until 8:45 a.m., Tuesday, April 2, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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