House Journal: Monday, April 8, 2002
JOURNAL OF THE HOUSE
Eighty-fifth Calendar Day - Fifty-eighth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, April 8, 2002
The House met pursuant to adjournment at 1:03 p.m., Speaker
Siegrist in the chair.
Prayer was offered and sung by Reverend Robert E. Connors,
pastor of the Union Park Independent Christian Church, Des Moines.
He was the guest of his brother, Representative John Connors of Polk
County.
The Journal of Friday, April 5, 2002 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by sixty 6th grade students from
Centennial Elementary. They were accompanied by Chris Hennigan,
the sister-in-law of Representative Steve Sukup of Franklin County.
They were the guests of Representative Geri Huser of Polk County.
Gipp of Winneshiek in the chair at 1:15 p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Garman of Story on request of Jacobs of Polk; Schrader of Marion 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 4, 2002, amended and passed the following bill in which the concurrence of the
House is asked:
House File 2430, a bill for an act providing for the mental health and
developmental disabilities commission to assume the duties of the state-county
management committee and provides new rulemaking authority associated with those
duties.
Also: That the Senate has on April 4, 2002, amended and passed the following bill
in which the concurrence of the House is asked:
House File 2472, a bill for an act relating to the office of secretary of state and the
conduct of elections and of voter registration in the state and including effective and
applicability date provisions.
Also: That the Senate has on April 4, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2325, a bill for an act relating to certain state agency regulatory
functions by reorganizing the duties of the department of inspections and appeals,
transferring the court appointed special advocate program to the department of
inspections and appeals, renaming and revising the duties of the state citizen foster
care review board, reorganizing the administrative structure of the department of
natural resources, providing for legislative review of state agencies, and revising
requirements for licensed birth centers.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGE CONSIDERED
Senate File 2325, by committee on appropriations, a bill for an
act relating to certain state agency regulatory functions by
reorganizing the duties of the department of inspections and appeals,
transferring the court appointed special advocate program to the
department of inspections and appeals, renaming and revising the
duties of the state citizen foster care review board, reorganizing the
administrative structure of the department of natural resources,
providing for legislative review of state agencies, and revising
requirements for licensed birth centers.
Read first time and referred to committee on appropriations.
SPECIAL PRESENTATION
Smith of Marshall called forth the honor guard from the Des
Moines Fire Department to escort the Honorable John H. Connors,
state representative from Polk County to commemorate and honor
him for his thirty years of legislative service. He briefly addressed
the House, thanking them for the opportunity to serve.
The House rose and expressed its appreciation.
ADOPTION OF HOUSE RESOLUTION 114
Smith of Marshall and Tyrrell of Iowa called up for consideration
House Resolution 114, a resolution honoring Representative John
H. Connors for his thirty years of legislative service, and moved its
adoption.
The motion prevailed and the resolution was adopted.
ADOPTION OF HOUSE RESOLUTION 129
Grundberg of Polk asked and received unanimous consent for the
immediate consideration of House Resolution 129, a resolution
honoring Iowa high school seniors Elizabeth Bastiaans, Tony Cyr,
Brandon Day, Alison Lentz, Claudia Lutz, Patrick Swieskowski,
Emily Trump, Elizabeth Zeitler, and Michael Zhu for achieving the
highest possible score on the Scholastic Assessment Test, and moved
its adoption.
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION
Each student was introduced by the Representative of their
district including a short biography of their scholastic achievements.
The House rose and expressed its welcome.
On motion by Jacobs of Polk, the House was recessed at 1:37 p.m.,
until 3:15 p.m.
AFTERNOON SESSION
The House reconvened at 4:07 p.m., Millage of Scott in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-six members present, thirty-
four absent.
INTRODUCTION OF BILLS
House File 2619, by committee on ways and means, a bill for an
act providing an Iowa individual income tax checkoff for deposit in
the free health clinic fund, making an appropriation, and providing a
retroactive applicability date.
Read first time and placed on the ways and means calendar.
House File 2620, by committee on ways and means, a bill for an
act regulating farmers markets, providing for fees, making penalties
applicable, and providing an effective date.
Read first time and placed on the ways and means calendar.
House File 2621, by committee on ways and means, a bill for an
act relating to tax credits under the new jobs and income program
and the enterprise zone program for farmers' cooperatives and
including a retroactive applicability date.
Read first time and placed on the ways and means calendar.
CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 2280, a bill for an act relating to the requirements of
the department of human services for certain child welfare services
providers, with report of committee recommending amendment and
passage, was taken up for consideration.
Tymeson of Madison asked and received unanimous consent that
the committee amendment H-8306 be deferred.
Tymeson of Madison offered amendment H-8490 filed by her as
follows:
H-8490
1 Amend Senate File 2280, 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. REHABILITATIVE TREATMENT CHILD WELFARE
6 SERVICES PROVIDERS.
7 1. The department of human services may adopt
8 rules utilizing the emergency procedures provided in
9 subsection 4 as necessary to implement the high-
10 priority recommendation items identified by the
11 department's rehabilitative treatment services
12 provider regulation and quality improvement work group
13 listed in this section. In order to implement a
14 listed item, the department must determine that the
15 item can be implemented without additional cost to the
16 state and, if implementation of the item requires a
17 state medical assistance program plan amendment, the
18 item must be approved by the federal center for
19 Medicare and Medicaid services.
20 2. Subject to the implementation conditions in
21 subsection 1, the department shall adopt rules to take
22 effect on or before April 1, 2003, or within sixty
23 days after receiving the federal center's approval,
24 whichever is later, to implement all of the following:
25 a. Permitting deemed status for those providers of
26 services that are certified, or accredited to be in
27 compliance with relevant standards by the joint
28 commission on the accreditation of health care
29 organizations or the council on accreditation of
30 services for families and children and that make
31 accreditation reports and records available to the
32 department.
33 b. Amending rules to maintain the group care
34 standard for a weekly average number of hours of
35 therapy and counseling, but determine compliance by
36 averaging the hours per week over the course of a
37 month. The recoupment for failure to comply shall be
38 applied for a week at a time for noncompliance, not to
39 exceed the number of days paid. This standard shall
40 not be applied to a highly structured juvenile group
41 care program.
42 c. Expanding the set of qualifications accepted
43 for rehabilitative treatment services staff positions.
44 d. Utilizing a weekly results summary for
45 documentation of the group care requirement for daily
46 provision of skills development.
47 3. Subject to the implementation conditions in
48 subsection 1, the department shall adopt rules to take
49 effect on or before December 31, 2003, or within sixty
50 days after receiving the federal center's approval,
Page 2
1 whichever is later, to implement all of the following:
2 a. Eliminating the requirements that a case
3 permanency plan be included in the provider's records,
4 that the setting in which the service was provided be
5 documented, and that correspondence with the referral
6 worker be included in the provider's records.
7 b. Eliminating the care plan requirements
8 regarding licensing and treatment plan review;
9 accepting a change in the treatment plan in lieu of
10 requiring the plan to be rewritten; and permitting the
11 provider to determine the author of the treatment
12 plan.
13 c. Eliminating staff supervision requirements from
14 licensure rules.
15 4. The department of human services may adopt
16 administrative rules under section 17A.4, subsection
17 2, and section 17A.5, subsection 2, paragraph "b", to
18 implement this section and the rules shall become
19 effective immediately upon filing, unless the
20 effective date is delayed by the administrative rules
21 review committee, notwithstanding section 17A.4,
22 subsection 5, and section 17A.8, subsection 9, or a
23 later effective date is specified in the rules. Any
24 rules adopted in accordance with this section shall
25 not take effect before the administrative rules review
26 committee reviews the rules. Any rules adopted in
27 accordance with this section shall also be published
28 as notice of intended action as provided in section
29 17A.4.
30 Sec. . EFFECTIVE DATE. This Act, being deemed
31 of immediate importance, takes effect upon enactment."
32 2. Title page, line 2, by inserting after the
33 word "providers" the following: "and providing an
34 effective date".
35 3. By renumbering as necessary.
Smith of Marshall offered the following amendment H-8538, to
amendment H-8490, filed by him and Tymeson of Madison from the
floor and moved its adoption:
H-8538
1 Amend the amendment, H-8490, to Senate File 2280,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, by striking lines 2 through 6.
5 2. Page 2, line 7, by striking the letter "b."
6 and inserting the following: "a."
7 3. Page 2, by striking lines 13 and 14 and
8 inserting the following:
9 "b. Revising and combining provider requirements
10 involving licensing, contracting, and certification so
11 that duplicative regulatory requirements are
12 eliminated or minimized while the department maintains
13 its quality assurance role to an appropriate degree.
14 The requirements addressed shall include but are not
15 limited to those involving documentation in records,
16 and treatment plan provisions involving reviews,
17 changes, and authors."
18 4. By renumbering, redesignating, and correcting
19 internal references as necessary.
Amendment H-8538 was adopted.
On motion by Tymeson of Madison amendment H-8490, as
amended, was adopted, placing out of order amendment H-8306 filed
by the committee on human resources.
Tymeson of Madison moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2280)
The ayes were, 92:
Alons | Arnold | Atteberry | Baudler |
Bell | Boal | Boddicker | Boggess |
Brauns | Broers | Brunkhorst | Bukta |
Carroll | Chiodo | Cohoon | Connors |
Cormack | De Boef | Dix | Dolecheck |
Dotzler | Drake | Eddie | Eichhorn |
Elgin | Fallon | Finch | Foege |
Ford | Frevert | Gipp | Greimann |
Grundberg | Hahn | Hansen | Hatch |
Heaton | Hoffman | Horbach | Hoversten |
Huseman | Huser | Jacobs | Jenkins |
Jochum | Jones | Kettering | Kreiman |
Kuhn | Larkin | Larson | Lensing |
Manternach | Mascher | May | Mertz |
Metcalf | Murphy | Myers | O'Brien |
Osterhaus | Petersen | Quirk | Raecker |
Rants | Rayhons | Reeder | Rekow |
Richardson | Roberts | Scherrman | Seng |
Shey | Shoultz | Siegrist, Spkr. | Sievers |
Smith | Stevens | Sukup | Taylor, D. |
Taylor, T. | Tremmel | Tymeson | Tyrrell |
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
Winckler | Wise | Witt | Millage, |
| | | Presiding |
|
The nays were, none.
Absent or not voting, 8:
Bradley | Garman | Johnson | Klemme |
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
CONFERENCE COMMITTEE APPOINTED
(House File 2191)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and Senate
concerning House File 2191: Millage of Scott, Chair; Broers of Cerro
Gordo, Larson of Linn, Jochum of Dubuque and Kreiman of Davis.
SENATE AMENDMENT CONSIDERED
Boal of Polk called up for consideration House File 2585, a bill for
an act relating to the abatement of state sales and use taxes and local
sales and service taxes of purchasers of certain access to on-line
computer services and providing refunds, and including effective and
applicability date provisions, amended by the Senate, and moved that
the House concur in the following Senate amendment H-8529:
H-8529
1 Amend House File 2585, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. NEW SECTION. 2.67 OFFICIAL SALES -
6 TAX EXEMPTION.
7 The legislative service bureau and its legislative
8 information office may sell mementos and other items
9 relating to Iowa history and historic sites, the
10 general assembly, and the state capitol, on the
11 premises of property under the control of the
12 legislative council, at the state capitol, and on
13 other state property. The legislative service bureau
14 and its legislative information office are not
15 retailers under chapter 422 and the sale of such
16 mementos and other such items by the legislative
17 service bureau or its legislative information office
18 is not a retail sale under chapter 422, division IV,
19 and is exempt from the sales tax."
20 2. Page 1, line 1, by striking the word and
21 figure "Section 1." and inserting the following:
22 "Sec. 50."
23 3. Page 2, line 7, by striking the word "This"
24 and inserting the following: "Section 50 of this".
25 4. Title page, line 1, by inserting after the
26 word "relating" the following: "to a sales and use
27 tax exemption for sales of certain mementos and other
28 objects by the legislative service bureau and its
29 legislative information office and".
The motion prevailed and the House concurred in the Senate
amendment H-8529.
Boal of Polk 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. 2585)
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 | Gipp | Greimann |
Grundberg | Hahn | Hansen | Hatch |
Heaton | Hoffman | Horbach | Hoversten |
Huseman | Huser | Jacobs | Jenkins |
Jochum | Johnson | Jones | Kettering |
Kreiman | Kuhn | Larkin | Larson |
Lensing | Manternach | Mascher | May |
Mertz | Metcalf | Murphy | Myers |
O'Brien | Osterhaus | Petersen | Quirk |
Raecker | Rants | Rayhons | Reeder |
Rekow | Reynolds | Richardson | Roberts |
Scherrman | Seng | Shey | Shoultz |
Siegrist, Spkr. | Sievers | Smith | Stevens |
Sukup | Taylor, D. | Taylor, T. | Tremmel |
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
Warnstadt | Weidman | Winckler | Wise |
Witt | Millage, |
| Presiding |
|
The nays were, 1:
Absent or not voting, 5:
Garman | Klemme | Schrader | Teig |
Wilderdyke | |
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Seng of Scott in the chair at 4:35 p.m.
SENATE AMENDMENT CONSIDERED
The House resumed consideration of House File 678, a bill for an
act relating to child custody and visitation including the requirement
of mediation when a custody arrangement is disputed, amended by
the Senate amendment H-8464, previously deferred and found on
pages 1181-1183 of the House Journal, further amended by the House
amendment H-8540.
Boddicker of Cedar moved the adoption of amendment H-8540 to
the Senate amendment H-8488.
A non-record roll call was requested.
The ayes were 55, nays 20.
Amendment H-8540 was adopted.
On motion by Boddicker of Cedar the House concurred in the
Senate amendment H-8464, as amended.
Boddicker of Cedar moved that the bill, as amended by the Senate,
further amended 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. 678)
The ayes were, 79:
Alons | Arnold | Baudler | Bell |
Boal | Boddicker | Boggess | Bradley |
Brauns | Broers | Brunkhorst | Carroll |
Chiodo | Cohoon | Connors | Cormack |
De Boef | Dix | Dolecheck | Drake |
Eddie | Eichhorn | Elgin | Fallon |
Finch | Ford | Gipp | Grundberg |
Hahn | Hansen | Heaton | Hoffman |
Horbach | Hoversten | Huseman | Jacobs |
Jenkins | Johnson | Jones | Kettering |
Klemme | Kreiman | Kuhn | Larkin |
Larson | Manternach | May | Mertz |
Millage | Murphy | Myers | O'Brien |
Osterhaus | Quirk | Raecker | Rants |
Rayhons | Rekow | Reynolds | Richardson |
Roberts | Scherrman | Shey | Siegrist, Spkr. |
Sievers | Stevens | Sukup | Taylor, D. |
Taylor, T. | Tremmel | Tymeson | Tyrrell |
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
Wise | Witt | Seng, |
| | Presiding |
|
The nays were, 15:
Atteberry | Bukta | Dotzler | Greimann |
Hatch | Huser | Jochum | Lensing |
Mascher | Metcalf | Petersen | Reeder |
Shoultz | Smith | Winckler |
|
Absent or not voting, 6:
Foege | Frevert | Garman | Schrader |
Teig | Wilderdyke |
|
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 8, 2002, concurred in the House amendment and passed the following bill in
which the concurrence of the Senate was asked:
Senate File 2205, a bill for an act relating to regulation of child care and child
development homes and child care centers and providing effective date and
applicability provisions.
Also: That the Senate has on April 8, 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 2228, a bill for an act relating to utilization of school district moneys for
physical plant and equipment levy purposes.
Also: That the Senate has on April 8, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2320, a bill for an act relating to the assessment of court fees by the
clerk of district court.
Also: That the Senate has on April 8, 2002, concurred in the House amendment to
the Senate amendment, and passed the following bill in which the concurrence of the
Senate was 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.
MICHAEL E. MARSHALL, Secretary
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 678, 2585 and Senate File 2280.
Speaker Siegrist in the chair at 5:25 p.m.
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 8, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2584, a bill for an act relating to assessment of certain vineyards for
purposes of property taxation and providing a retroactive applicability date.
Also: That the Senate has on April 8, 2002, passed the following bill in which the
concurrence of the House is asked:
Senate File 2321, a bill for an act relating to sales and use taxes by requiring the
department of revenue and finance to collect data on the extent and the effect on taxes
of electronic commerce in the state, striking the repeal of the tax treatment of sales
where the substance of the transaction is delivered by electronic waves, digitally, or by
way of cable or fiber optics, and establishing a committee to enter into multistate
discussions on the simplification of the sales and use taxes and including an effective
date.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGE CONSIDERED
Senate File 2320, by committee on ways and means, a bill for an
act relating to the assessment of court fees by the clerk of district
court.
Read first time and referred to committee on ways and means.
HOUSE REFUSED TO CONCUR
Eichhorn of Hamilton called up for consideration 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,
amended by the House, further amended by the Senate and moved
that the House concur in the following Senate amendment H-8447 to
the House amendment:
H-8447
1 Amend the House amendment, S-5234, to Senate File
2 2197, as passed by the Senate, as follows:
3 1. Page 1, by striking lines 31 through 34.
4 2. Page 1, by inserting after line 36 the
5 following:
6 "Sec. . SEVERABILITY. If any provision of this
7 Act or any application of this Act to any person or
8 circumstances is held invalid or unconstitutional,
9 such judgment shall not affect other provisions or
10 applications of this Act which can be given effect
11 without the invalid or unconstitutional provision or
12 application, and to this end the provisions of this
13 Act are declared to be severable.""
14 3. By renumbering as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-8447, to the House amendment.
Ways and Means Calendar
House File 2616, a bill for an act 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, was taken up for
consideration.
Sievers of Scott offered the following amendment H-8539 filed by
him from the floor and moved its adoption:
H-8539
1 Amend House File 2616 as follows:
2 1. Page 1, line 16, by striking the word "fifty"
3 and inserting the following: "twenty".
4 2. Page 1, by striking line 33 and inserting the
5 following:
6 "Sec. 3. Section 805.8B, subsection 3, paragraph
7 e, Code Supplement".
Amendment H-8539 was adopted.
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. 2616)
The ayes were, 92:
Alons | Arnold | Atteberry | Bell |
Boal | Boddicker | Boggess | Bradley |
Brauns | Broers | Brunkhorst | Bukta |
Carroll | Chiodo | Cohoon | Connors |
Cormack | De Boef | Dix | 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 | Seng | Shey | Shoultz |
Sievers | Smith | Stevens | Taylor, D. |
Taylor, T. | Tremmel | Tymeson | Tyrrell |
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
Winckler | Wise | Witt | Mr. Speaker |
| | | Siegrist |
|
The nays were, none.
Absent or not voting, 8:
Baudler | Dolecheck | Foege | Garman |
Schrader | Sukup | Teig | Wilderdyke |
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
House File 2617, a bill for an act relating to the regulation of
milk and milk products, by providing for permits, fees, and penalties,
making penalties applicable, and providing an effective date, was
taken up for consideration.
Rekow of Allamakee offered the following amendment H-8530 filed
by him and moved its adoption:
H-8530
1 Amend House File 2617 as follows:
2 1. By striking page 5, line 26, through page 6,
3 line 2.
4 2. By renumbering, redesignating, and correcting
5 internal references as necessary.
Amendment H-8530 was adopted.
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. 2617)
The ayes were, 89:
Alons | Arnold | Atteberry | Bell |
Boal | Boddicker | Boggess | Bradley |
Brauns | Broers | Brunkhorst | Bukta |
Carroll | Chiodo | Cohoon | Connors |
Cormack | De Boef | Dix | Dotzler |
Drake | Eddie | Eichhorn | Elgin |
Fallon | Finch | Ford | Gipp |
Greimann | Grundberg | Hahn | Hansen |
Hatch | Heaton | Hoffman | Horbach |
Hoversten | Huseman | Huser | Jacobs |
Jenkins | Jochum | Jones | Kettering |
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 | Seng | Shey |
Shoultz | Sievers | Smith | Stevens |
Taylor, D. | Taylor, T. | Tremmel | Tymeson |
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
Weidman | Winckler | Wise | Witt |
Mr. Speaker |
Siegrist |
|
The nays were, none.
Absent or not voting, 11:
Baudler | Dolecheck | Foege | Frevert |
Garman | Johnson | Klemme | Schrader |
Sukup | Teig | Wilderdyke |
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2616, 2617 and Senate File 2197.
COMMUNICATION FROM THE STATE APPEAL BOARD
The following communication was received from the State Appeal
Board on April 8, 2002, and is on file in the office of the Chief Clerk:
April 4, 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 6 claims of general nature that were denied by the State Appeal
Board during April 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
April 2002
Claim Full Name City Type Amount
G000207 Rod Allen Dickey Mechanicsville, IA IRP License Unspecified
Refund
G010772 Hubert Rainard Fort Dodge, IA License $200.00
Becker/H.R. Becker Refund
Sanitation
G020310 John O. Cornelius Iowa City, IA Excess Credit $15.00
Refund
G020384 Colleen Gail Oliver Harlan, IA License $31.00
Refund
G020482 Russell S. Engstler Durant, IA Mileage $874.64
Expenses
G020797 Sac County Sheriff's Sac City, IA Housing $1,050.00
Office - Sheriff Prisoner
Roger A. Owens
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 8th day of April, 2002: House Files 608, 2446, 2531, 2547 and 2587.
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 April 5, 2002, he approved and transmitted to the Secretary of
State the following bills:
House File 583, an act relating to the certification of persons providing water pump
services.
House File 2075, an act relating to the repayment of moneys appropriated from the
endowment for Iowa's health account of the tobacco settlement trust fund and from the
senior living trust fund.
House File 2135, an act relating to the membership of the planning and zoning
commission in certain cities.
House File 2152, an act concerning the volunteer emergency services provider
death benefit by providing for the death benefit for reserve peace officers, eliminating
the prospective repeal of the death benefit, and providing an effective date.
House File 2201, an act requiring all felons to submit a physical specimen for DNA
profiling, and providing a contingent effective date.
House File 2399, an act relating to the requirements of a case permanency plan for
a child in an out-of-home placement who is age sixteen or older.
House File 2418, an act relating to the applicability of the thermal efficiency energy
conservation standards in the state building code.
House File 2454, 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.
House File 2482, an act expanding the board of educational examiners' authority
with regard to licensee disciplinary investigations and proceedings.
House File 2506, an act relating to the issuance of a no-contact order against a
defendant convicted of a sexual offense upon the defendant's release from jail or prison.
House File 2539, an act relating to trusts and estates and their relationship to
medical assistance benefits, the right to disclaim on behalf of a ward, the creation of
total return unitrusts, and providing an effective date.
Senate File 2146, an act establishing criminal offenses for acts of terrorism,
changing related criminal penalties, and providing a penalty.
Senate File 2277, an act creating a new category of confidential public records in
the custody of certain airports, municipal corporations, utilities, or water districts, and
allowing a governmental body to hold a closed session to discuss such confidential
records.
Also: That on April 8, 2002, he approved and transmitted to the
Secretary of State the following bills:
House File 518, an act relating to jurisdictional changes to small claims court cases.
House File 2009, an act allowing an assessor to be a candidate for elective public
office and providing an effective date.
House File 2291, an act relating to judgment liens attaching to city real estate.
House File 2344, an act relating to the retention of unemployment benefits
contested case hearing records.
House File 2417, an act relating to statewide standards, site-specific cleanup
standards, and public participation in the Iowa land recycling and environmental
remediation standards Act.
House File 2507, an act creating a criminal offense for possession or distribution of
anthrax, and providing a penalty.
House File 2530, an act providing for the control of pseudorabies, making penalties
applicable, and providing an effective date.
House File 2546, an act classifying the criminal offense of assault as a general
intent crime.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the office
of the Chief Clerk:
DEPARTMENT OF PUBLIC HEALTH
A report on the organized delivery systems in Iowa, pursuant to Chapter 158, Code
of Iowa.
IOWA WORKFORCE DEVELOPMENT
The Annual Status Report on the unemployment compensation trust fund,
pursuant to Chapter 96.35, Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2002\975 Tom Adams, Tama - For celebrating his 80th birthday.
2002\976 Beatrice McCollister, Tama - For celebrating her 90th birthday.
2002\977 Thelma Sevcik, Toledo - For celebrating her 90th birthday.
2002\978 Jerry and Arlene Merchant, Vinton - For celebrating their 55th
wedding anniversary.
2002\979 Foncie and Ida Lou Murray, Dayton - For celebrating their 50th
wedding anniversary.
2002\980 Imo Carlson, Dayton - For celebrating his 100th birthday.
2002\981 Florence Heid, Dayton - For celebrating her 95th birthday.
2002\982 Alice Enderson, Stratford - For celebrating her 80th birthday.
2002\983 Lyle Stewart, Gowrie - For celebrating his 80th birthday.
2002\984 Evan and Mable Swain, Dayton - For celebrating their 70th wedding
anniversary.
2002\985 Harold and Beula Humm, Lake City - For celebrating their 65th
wedding anniversary.
2002\986 Tom and Violet Meusburger, Rockwell City - For celebrating their
60th wedding anniversary.
2002\987 Lyle and Lois Buttolph, Rockwell City - For celebrating their 60th
wedding anniversary.
2002\988 Opal Anderson, Gowrie - For celebrating her 90th birthday.
2002\989 Jim Maddy, Clare - For celebrating his 80th birthday.
2002\990 Duane Klinger, Farnhamville - For celebrating his 80th birthday.
2002\991 Irene Onnen, Rockwell City - For celebrating her 80th birthday.
2002\992 Ed Larson, Farnhamville - For celebrating his 80th birthday.
2002\993 Ray Koehn, Farmersburg - For celebrating his 80th birthday.
2002\994 Clara Nieland, Guttenberg - For celebrating her 100th birthday.
2002\995 Henrietta Zigtema, Orange City - For celebrating her 90th birthday.
2002\996 Mr. and Mrs. Harvey Blaisdell Jr., Perry - For celebrating their 50th
wedding anniversary.
2002\997 Paul and Betty Scrivner, St. Charles - For celebrating their 50th
wedding anniversary.
2002\998 Alice Hazen, Winterset - For celebrating her 90th birthday.
2002\999 Alice Lenze, Mason City - For celebrating her 90th birthday.
2002\1000 Jo "Pip" Ellefson, Mason City - For celebrating her 80th birthday.
2002\1001 Duane and Audrey Huff, Mason City - For celebrating their 50th
wedding anniversary.
SUBCOMMITTEE ASSIGNMENT
Senate File 2325
Appropriations: Jenkins, Chair; Hatch and Raecker.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT
House Study Bill 720
Ways and Means: Shey, Chair; Larson and Shoultz.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 721 Ways and Means
Relating to the administration of the tax and related laws by the
department of revenue and finance, including administration of state
individual income, corporate income, sales and use, property, motor
fuel, special fuel, and inheritance taxes and including effective and
retroactive applicability date provisions.
H.S.B. 722 Ways and Means
Updating an Iowa Code reference to the Internal Revenue Code and
providing a retroactive applicability date and an effective date.
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
Senate File 2316, a bill for an act relating to the sale of certain farmland by Iowa
state university of science and technology, providing for the appropriation and use of
proceeds from the sale, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8541 April 8, 2002.
Senate File 2317, a bill for an act relating to the tobacco master settlement
agreement, including tobacco product manufacturer compliance, making an
appropriation, and providing penalties.
Fiscal Note is not required.
Recommended Do Pass April 8, 2002.
COMMITTEE ON WAYS AND MEANS
Senate File 2305, a bill for an act relating to the administration of the tax and
related laws by the department of revenue and finance, including administration of
state individual income, corporate income, sales and use, property, motor fuel, and
special fuel.
Fiscal Note is not required.
Recommended Do Pass April 4, 2002.
Committee Bill (Formerly House File 2236), regulating farmers market stands,
providing for fees, making penalties applicable, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass April 4, 2002.
Committee Bill (Formerly House File 2352), providing an Iowa individual income
tax checkoff for deposit in the free health clinic fund, making an appropriation, and
providing a retroactive applicability date.
Fiscal Note is not required.
Recommended Amend and Do Pass April 4, 2002.
Committee Bill (Formerly House File 2522), relating to tax credits under the new
jobs and income program for farmers' cooperatives that own ethanol-producing
facilities and including a retroactive applicability date.
Fiscal Note is not required.
Recommended Amend and Do Pass April 4, 2002.
RESOLUTION FILED
HR 130, by Siegrist, Rants, and Myers, a resolution honoring
Virginia Rowen upon her retirement and recognizing her many
contributions to the House of Representatives and the General
Assembly.
Laid over under Rule 25.
AMENDMENTS FILED
H-8535 H.F. 2430 Senate Amendment
H-8536 H.F. 2472 Senate Amendment
H-8541 S.F. 2316 Committee on Appropriations
H-8542 S.F. 2316 Fallon of Polk
H-8543 S.F. 2228 Senate Amendment
H-8544 S.F. 2326 Atteberry of Delaware
Smith of Marshall
Jochum of Dubuque
H-8545 S.F. 2326 Quirk of Chickasaw
Dotzler of Black Hawk
Atteberry of Delaware
Reeder of Fayette
H-8546 S.F. 2326 Winckler of Scott
Wise of Lee
Dotzler of Black Hawk
T. Taylor of Linn
On motion by Rants of Woodbury the House adjourned at 6:36
p.m., until 8:45 a.m., Tuesday, April 9, 2002.

© 2002 Cornell College and
League of Women Voters of Iowa
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