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House Journal: Tuesday, April 2, 2002

JOURNAL OF THE HOUSE

Seventy-ninth Calendar Day - Fifty-fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 2, 2002

The House met pursuant to adjournment at 8:57 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend Clayton George, pastor of the
Apostolic Assembly, Anamosa. He was the guest of Representative
Gene Manternach of Jones County.

The Journal of Monday, April 1, 2002 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Garman of Story on request of Rants of Woodbury.

ADOPTION OF HOUSE RESOLUTION 122

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Resolution 122, a resolution
honoring the Kirkwood Community College Women's Basketball
Team.

Shey of Linn moved the adoption of House Resolution 122.

The motion prevailed and the resolution was adopted.

SPECIAL PRESENTATION

Shey of Linn introduced to the House, Coach Kim Muhl who
introduced the Kirkwood Community College Eagles.

The House rose and expressed its welcome.


HOUSE INSISTS

Elgin of Linn called up for consideration House File 2532, a bill
for an act relating to public retirement systems and providing
effective and retroactive applicability dates, and moved that the
House insist on its amendment, which motion prevailed.

CONFERENCE COMMITTEE APPOINTED
(House File 2532)

The Speaker announced the appointment of the conference
committee to consider the differences between the House and Senate
concerning House File 2532: Elgin of Linn, Chair; Gipp of
Winneshiek, Larkin of Lee, Metcalf of Polk and T. Taylor of Linn.

SENATE AMENDMENTS CONSIDERED

Eddie of Buena Vista called up for consideration House File 2193,
a bill for an act relating to modal transportation, including changes in
transit coordination requirements, elimination of the Iowa railway
finance authority, and changes in the aircraft registration process,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8483:

H-8483

1 Amend House File 2193, as passed by the House, as
2 follows:
3 1. By striking page 1, line 1, through page 12,
4 line 7.
5 2. Title page, lines 2 and 3, by striking the
6 words ", elimination of the Iowa railway finance
7 authority,".
8 3. By renumbering, redesignating, and correcting
9 internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8483.

Eddie of Buena Vista 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. 2193)

The ayes were, 95:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Fallon Finch Ford
Frevert 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 Sievers 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, 5:
Connors Foege Garman Smith
Teig

 

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

Broers of Cerro Gordo called up for consideration House File
2247, a bill for an act relating to the regulation of health care
facilities and the duties of resident advocate committees, amended by
the Senate amendment H-8448, as follows:

H-8448

1 Amend House File 2247, as passed by the House, as
2 follows:

3 1. By striking page 2, line 14 through page 3,
4 line 2, and inserting the following:
5 "Sec. . Section 135C.25, subsection 2, Code
6 2001, is amended to read as follows:"
7 2. Page 3, by striking lines 7 through 12.
8 3. By striking page 6, line 31, through page 8,
9 line 14, and inserting the following:
10 "Sec. . SUBSTITUTE DECISION-MAKERS TASK FORCE -
11 REPORT. The governor's developmental disabilities
12 council in consultation with the substitute decision-
13 makers task force shall submit a report to the general
14 assembly by December 1, 2002, regarding the
15 continuation of resident advocate committees for
16 residential care facilities licensed to serve persons
17 with mental illness or mental retardation and
18 recommendations regarding resident advocacy
19 alternatives."
20 4. By renumbering as necessary.

Murphy of Dubuque asked and received unanimous consent that
House File 2247 be temporarily deferred. (Amendment H-8448
pending)

ADOPTION OF HOUSE MEMORIAL RESOLUTION 101

O'Brien of Boone offered the following House Memorial Resolution
101 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 101

Whereas, The Honorable Donald E. Baker, of Boone
County, Iowa, who was a member of the Sixty-first, Sixty-
second, and Sixty-third General Assemblies, passed away June
22, 2001; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee O'Brien of Boone, Eichhorn of Hamilton and Tymeson of
Madison.


ADOPTION OF HOUSE MEMORIAL RESOLUTION 102

O'Brien of Boone offered the following House Memorial Resolution
102 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 102

Whereas, The Honorable Ernest W. Gilson, of Guthrie
County, Iowa, who was a member of the Sixty-seventh and
Sixty-seventh Extra General Assemblies, passed away
January 14, 2002; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee O'Brien of Boone, Eichhorn of Hamilton and Tymeson of
Madison.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 103

Boggess of Page offered the following House Memorial Resolution
103 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 103

Whereas, The Honorable Leo B. Hanna, of Adams
County, Iowa, who was a member of the Fifty-third and Fifty-
fourth General Assemblies, passed away October 8, 2001; Now
Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Boggess of Page, Dolecheck of Ringgold and Weidman of
Cass.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 104

Millage of Scott offered the following House Memorial Resolution
104 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 104

Whereas, The Honorable Donald F. Hermann, of Scott
County, Iowa, who was a member of the Seventieth, Seventy-
first, Seventy-second, Seventy-second Extra, Seventy-second
Second Extra and Seventy-third General Assemblies, passed
away September 23, 2001; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Millage of Scott, Van Fossen of Scott and Seng of Scott.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 105

Arnold of Lucas offered the following House Memorial Resolution
105 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 105

Whereas, The Honorable Leo A. Hoegh, of Lucas
County, Iowa, who was a member of the Forty-seventh, Forty-
eighth, and Forty-ninth General Assemblies, passed away July
15, 2000; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Arnold of Lucas, Schrader of Marion and Dolecheck of
Ringgold.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 106

Huseman of Cherokee offered the following House Memorial
Resolution 106 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 106

Whereas, The Honorable Thomas H. Miller, of Cherokee
County, Iowa, who was a member of the Seventy-first,
Seventy-second, Seventy-second Extra, Seventy-second Second

Extra, Seventy-third, Seventy-fourth, Seventy-fourth Extra,
Seventy-fourth Second Extra and Seventy-fifth General
Assemblies, passed away May 25, 2001; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Huseman of Cherokee, Klemme of Plymouth and
Warnstadt of Woodbury.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 107

Boal of Polk offered the following House Memorial Resolution 107
and moved its adoption:

HOUSE MEMORIAL RESOLUTION 107

Whereas, The Honorable Paul L. Parker, of Polk
County, Iowa, who was a member of the Fifty-fifth General
Assembly, passed away September 26, 2001; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Boal of Polk, Huser of Polk and Metcalf of Polk.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 108

Tymeson of Madison offered the following House Memorial
Resolution 108 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 108

Whereas, The Honorable Leroy H. Petersen, of Dallas
County, Iowa, who was a member of the Fifty-ninth, Sixtieth,
Sixtieth Extra and Sixty-second General Assemblies, passed
away October 24, 2001; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House

to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Tymeson of Madison, Raecker of Polk and O'Brien of
Boone.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 109

Rants of Woodbury offered the following House Memorial
Resolution 109 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 109

Whereas, The Honorable Louis A. Peterson, of
Woodbury County, Iowa, who was a member of the Fifty-ninth,
Sixtieth, Sixtieth Extra and Sixty-fifth General Assemblies,
passed away June 29, 2001; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Rants of Woodbury, Kettering of Sac and Warnstadt of
Woodbury.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 110

Huseman of Cherokee offered the following House Memorial
Resolution 110 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 110

Whereas, The Honorable George P. Rapson, of Cherokee
County, Iowa, who was a member of the Fifty-eighth and Fifty-
ninth General Assemblies, passed away August 5, 1996; Now
Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.


The motion prevailed and the Speaker appointed as such
committee Huseman of Cherokee, Klemme of Plymouth and
Warnstadt of Woodbury.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 111

Dolecheck of Ringgold offered the following House Memorial
Resolution 111 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 111

Whereas, The Honorable Lester Sickels, of Ringgold
County, Iowa, who was a member of the Fifty-eighth and Fifty-
ninth General Assemblies, passed away March 21, 2001; Now
Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Dolecheck of Ringgold, Boggess of Page and Richardson of
Warren.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 112

Heaton of Henry offered the following House Memorial Resolution
112 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 112

Whereas, The Honorable Keith L. Vetter, of Washington
County, Iowa, who was a member of the Sixtieth, Sixtieth
Extra and Sixty-second General Assemblies, passed away
November 14, 2001; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Heaton of Henry, De Boef of Mahaska and Reynolds of
Van Buren.


ADOPTION OF HOUSE MEMORIAL RESOLUTION 113

Sukup of Franklin offered the following House Memorial
Resolution 113 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 113

Whereas, The Honorable Paul M. Walter, of Hardin
County, Iowa, who was a member of the Fifty-third, Fifty-
fourth, Fifty-fifth, Fifty-sixth, Fifty-seventh, Fifty-eighth,
Fifty-ninth, Sixtieth and Sixtieth Extra General Assemblies,
passed away September 25, 1996; Now Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Sukup of Franklin, Smith of Marshall and Dix of Butler.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 114

Eichhorn of Hamilton offered the following House Memorial
Resolution 114 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 114

Whereas, The Honorable Robert W. Naden, of Hamilton
County, Iowa, who was a member of the Fifty-sixth, Fifty-
seventh, Fifty-eighth, Fifty-ninth, Sixtieth and Sixtieth Extra
General Assemblies, passed away March 9, 2002; Now
Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Eichhorn of Hamilton, Cormack of Webster and Mertz of
Kossuth.


ADOPTION OF HOUSE MEMORIAL RESOLUTION 115

Foege of Linn offered the following House Memorial Resolution 115
and moved its adoption:

HOUSE MEMORIAL RESOLUTION 115

Whereas, The Honorable Myron "Mike" B. Oxley, of
Linn County, Iowa, who was a member of the Sixty-first, Sixty-
seventh, Sixty-eighth, Sixty-ninth, Seventieth and Seventy-
first General Assemblies, passed away March 14, 2002; Now
Therefore,

Be It Resolved by the House of Representatives, That a
committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life,
character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Foege of Linn, T. Taylor of Linn and Larson of Linn.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2193 be immediately messaged to the Senate.

RULE 57 SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend Rule 57, relating to committee notice and agenda, for a
meeting of the committee on ways and means at 10:30 a.m.

On motion by Rants of Woodbury, the House was recessed at 10:04
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:09 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-two members present,
twenty-eight absent.


IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2532 be immediately messaged to the Senate.

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 2, 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 2275, a bill for an act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update
ongoing provisions, or remove ambiguities and including effective and retroactive
applicability date provisions.

Also: That the Senate has on April 2, 2002, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:

Senate File 2279, a bill for an act relating to the regulated commercial activities of
insurance and security sales, including rate adjustments for small group coverage,
provisions pertaining to state and county mutual insurance associations, termination
dates and licensed health care providers for emergency medical malpractice insurance,
suspension of an insurer's certificate of authority for delinquency, exceptions to the
right of a notice of intent not to renew, coverage requirements in a medical expense
policy, tort immunity related to viatical settlement contracts, confidentiality of certain
personal information in securities and insurance filings, postponement or suspension of
registration under the blue sky law, reporting related to professional liability
insurance, annual percentage rate used in calculations of the minimum nonforfeiture
amount relating to individual deferred annuities, and providing for a future repeal.

Also: That the Senate has on April 2, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2324, a bill for an act relating to the use of construction management
services on public works projects.

MICHAEL E. MARSHALL, Secretary

HOUSE REFUSED TO CONCUR

The House resumed consideration of House File 2247, a bill for
an act relating to the regulation of health care facilities and the
duties of resident advocate committees, amended by the Senate,
previously deferred. (Amendment H-8448 pending)

Broers of Cerro Gordo moved that the House concur in the Senate
amendment H-8448 found on pages 1124-1125 of the House Journal.

The motion lost and the House refused to concur in the Senate
amendment H-8448.

INTRODUCTION OF BILL

House File 2615, by committee on appropriations, a bill for an act
relating to and making appropriations from the healthy Iowans
tobacco trust and the tobacco settlement trust fund, and providing
effective dates.

Read first time and placed on appropriations calendar.

SENATE MESSAGE CONSIDERED

Senate File 2324, by Iverson and Gronstal, a bill for an act
relating to the use of construction management services on public
works projects.

Read first time and referred to committee on commerce and
regulation.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2247 be immediately messaged to the Senate.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 1, 2002.
Had I been present, I would have voted "aye" on House Files 2365,
2591 and Senate File 466.

BRUNKHORST of Bremer

I was necessarily absent from the House chamber on April 1, 2002.
Had I been present, I would have voted "aye" on House Files 2365,
2591 and Senate Files 466, 503 and 2268.

O'BRIEN of Boone

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 2nd day of April, 2002: House Files 2075, 2135, 2201, 2399, 2418, 2454, 2536 and
2552.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

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\922 Jill Dinkla, Guthrie Center - For being selected a Member of West
Central Conference Academic Bowl Championship Teams for 2000,
2001 and 2002.

2002\923 Shirley and Kenneth Burns, Maquoketa - For celebrating their 50th
wedding anniversary.

2002\924 Leonard Mains, Winterset - For celebrating his 80th birthday.

2002\925 Gail and Betty Stech, Perry - For celebrating their 50th wedding
anniversary.

2002\926 Marie Folgero, Slater - For celebrating her 101st birthday.

2002\927 LaVern and Louise Schultz, Lake View - For celebrating their 50th
wedding anniversary.

2002\928 Dorothy Stehr, Lake View - For celebrating her 80th birthday.

2002\929 Russell Gray, Holstein - For celebrating his 90th birthday.

2002\930 Wilma Gothier, Holstein - For celebrating her 85th birthday.

2002\931 Ivel Carroll, Panora - For celebrating her 83rd birthday.


2002\932 Eugene and Maria Westphal, Fontanelle - For celebrating their 55th
wedding anniversary.

2002\933 Betty Sheradon, Ollie - For celebrating her 80th birthday.

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

LSB7191YC, relating to and making appropriations from the healthy Iowans
tobacco trust and the tobacco settlement trust fund, and providing effective dates.

Fiscal Note is not required.

Recommended Amend and Do Pass April 1, 2002.

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House File 95), relating to the time of possession of
deer venison, increasing the minimum fine for unlawful taking, possessing, injuring, or
transporting protected species and game, and subjecting violators to a penalty.

Fiscal Note is not required.

Recommended Do Pass April 2, 2002.

Committee Bill (Formerly House File 2524), relating to the regulation of milk and
milk products, by providing for permits, fees, and penalties, making penalties
applicable, and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass April 2, 2002.

RESOLUTIONS FILED

HR 121, by Raecker, Jacobs, Ford, and Eichhorn, a resolution
honoring the Drake University Women's Basketball Team and Coach
Lisa Stone.

Laid over under Rule 25.

HR 123, by Greimann, Finch, Murphy, Frevert, Witt, Stevens,
Larkin, Myers, Jenkins, Bradley, Shoultz, Atteberry, Scherrman,
Kreiman, Smith, Bukta, Reeder, Connors, Kuhn, D. Taylor, Dotzler,
Mertz, Cohoon, Sievers, Winckler, Lensing, De Boef, Huseman,
Kettering, Drake, Roberts, and Brauns, a resolution honoring Cael
Sanderson on his athletic achievements as a wrestler.

Laid over under Rule 25.

AMENDMENTS FILED

H-8486 H.F. 2612 Bell of Jasper
Wise of Lee Stevens of Dickinson
Frevert of Palo Alto Greimann of Story
Mertz of Kossuth Kuhn of Floyd
Bukta of Clinton May of Worth
H-8487 H.F. 2612 Brauns of Muscatine
H-8488 H.F. 678 Boddicker of Cedar
H-8489 S.F. 240 Richardson of Warren
H-8490 S.F. 2280 Tymeson of Madison
H-8491 S.F. 2275 Senate Amendment
H-8492 H.F. 2614 Cormack of Webster

On motion by Rants of Woodbury the House adjourned at 1:59
p.m., until 8:45 a.m., Wednesday, April 3, 2002.


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