| Brauns | Hatch | Mascher | Smith |
| Teig | |||
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Gipp of Winneshiek called up for consideration House File 2612,
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, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-8581:
H-8581
1 Amend House File 2612, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 5, by inserting after line 21 the
4 following:
5 "Sec. ___. EFFECTIVE DATE. The section of this
6 Act amending section 312.2, subsection 14, takes
7 effect July 1, 2003."
8 2. Title page, line 6, by inserting after the
9 word "moneys" the following: "and including an
10 effective date".
11 3. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8581.
Gipp of Winneshiek 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. 2612)
The ayes were, 80:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Bukta | Chiodo | Cohoon | Connors |
| Cormack | De Boef | Dix | Dolecheck |
| Drake | Eddie | Eichhorn | Elgin |
| Finch | Foege | Ford | Frevert |
| Garman | Gipp | Grundberg | Hahn |
| Hansen | Heaton | Hoffman | Horbach |
| Hoversten | Huseman | Huser | Jacobs |
| Jenkins | Jones | Kettering | Klemme |
| Kuhn | Larkin | Larson | Lensing |
| Manternach | May | Metcalf | Millage |
| Myers | Petersen | Quirk | Raecker |
| Rants | Rayhons | Rekow | Richardson |
| Roberts | Seng | Shey | Siegrist, Spkr. |
| Sievers | Smith | Stevens | Sukup |
| Taylor, D. | Taylor, T. | Tymeson | Tyrrell |
| Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
| Wilderdyke | Winckler | Wise | Carroll, |
| Presiding | |||
The nays were, 17:
| Dotzler | Fallon | Greimann | Jochum |
| Kreiman | Mascher | Mertz | Murphy |
| O'Brien | Osterhaus | Reeder | Reynolds |
| Shcherrman | Schrader | Shoultz | Tremmel |
| Witt | |||
Absent or not voting, 3:
| Hatch | Johnson | Teig | |
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Ways and Means Calendar
Senate File 2320, a bill for an act relating to the assessment of
court fees by the clerk of district court, with report of committee
recommending passage, was taken up for consideration.
Eichhorn of Hamilton offered amendment H(8590 filed by
Eichhorn, Rekow of Allamakee and Brunkhorst of Bremer from the
floor as follows:
H-8590
1 Amend Senate File 2320, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 602.6105, Code 2001, is
6 amended by adding the following new subsection:
7 NEW SUBSECTION. 2A. The court shall maintain a
8 magistrate court in a city that is not the county seat
9 if a magistrate court existed in that city as of July
10 1, 2001, and if the city requests a magistrate. Any
11 additional costs to the judicial branch for
12 maintaining a magistrate in a city other than the
13 county seat shall be paid by the city requesting the
14 magistrate.
15 Sec. 2. Section 602.6401, subsection 1, Code 2001,
16 is amended by adding the following new paragraph:
17 NEW PARAGRAPH. f. The existence of a city in the
18 county other than the county seat that maintained a
19 magistrate court as of July 1, 2001."
20 2. Title page, line 1, by inserting after the
21 word "relating to" the following: "courts,
22 including".
23 3. Title page, line 2, by inserting after the
24 word "court" the following: "and the location of
25 magistrate courts".
Shey of Linn rose on a point of order that amendment H-8590 was
not germane.
The Speaker ruled the point well taken and amendment H-8590
not germane.
Shoultz of Black Hawk offered the following amendment H(8611
filed by him from the floor and moved its adoption:
H-8611
1 Amend Senate File 2320, as passed by the Senate, as
2 follows:
3 1. Page 2, by inserting after line 17 the
4 following:
5 "Sec. . COURT FILING FEES. Notwithstanding any
6 provision of law enacted by the Seventy-ninth General
7 Assembly, 2002 Session, that increases court filing
8 fees, no court filing fees shall be increased for the
9 fiscal year beginning July 1, 2002, and ending June
10 30, 2003, unless the total amount appropriated to the
11 judicial branch for the fiscal year beginning July 1,
12 2002, and ending June 30, 2003, in this division of
13 this Act and in all other laws enacted by the Seventy-
14 ninth General Assembly, 2002 Session equals at least
15 $114,373,228 for salaries, receipt and disbursement of
16 child support payments, auditor expenses, maintenance,
17 equipment, and miscellaneous purposes, and at least
18 $3,739,587 for judicial retirement contributions by
19 the state."
Roll call was requested by Shoultz of Black Hawk and Kreiman of
Davis.
On the question “Shall amendment H-8611 be adopted?” (S.F.
2320)
The ayes were, 42:
| Atteberry | Bell | Bukta | Cohoon |
| Connors | Dotzler | Eichhorn | Fallon |
| Foege | Ford | Frevert | Garman |
| Greimann | Jochum | Kreiman | Kuhn |
| Larkin | Lensing | Mascher | May |
| Mertz | Murphy | O'Brien | Osterhaus |
| Petersen | Quirk | Reeder | Reynolds |
| Richardson | Scherrman | Schrader | Seng |
| Shoultz | Smith | Stevens | Taylor, D. |
| Taylor, T. | Tremmel | Warnstadt | Winckler |
| Wise | Witt | ||
The nays were, 56:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Brauns |
| Broers | Brunkhorst | Chiodo | Cormack |
| De Boef | Dix | Dolecheck | Drake |
| Eddie | Elgin | Finch | Gipp |
| Grundberg | Hahn | Hansen | Heaton |
| Hoffman | Horbach | Hoversten | Huseman |
| Huser | Jacobs | Jenkins | Johnson |
| Jones | Kettering | Klemme | Larson |
| Manternach | Metcalf | Millage | Myers |
| Raecker | Rants | Rayhons | Rekow |
| Roberts | Shey | Siegrist, Spkr. | Sievers |
| Sukup | Tymeson | Tyrrell | Van Engelenhoven |
| Van Fossen | Weidman | Wilderdyke | Carroll, |
| Presiding | |||
Absent or not voting, 2:
| Hatch | Teig |
Amendment H(8611 lost.
Shey of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question “Shall the bill pass?” (S.F. 2320)
The ayes were, 51:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Brauns |
| Broers | Brunkhorst | De Boef | Dix |
| Dolecheck | Drake | Eddie | Elgin |
| Finch | Gipp | Grundberg | Hahn |
| Hansen | Heaton | Hoffman | Horbach |
| Hoversten | Huseman | Jacobs | Jenkins |
| Johnson | Jones | Kettering | Klemme |
| Manternach | Metcalf | Millage | Raecker |
| Rants | Rayhons | Rekow | Roberts |
| Shey | Siegrist, Spkr. | Sievers | Sukup |
| Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
| Weidman | Wilderdyke | Carroll, | |
| Presiding | |||
The nays were, 47:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Cormack | Dotzler |
| Eichhorn | Fallon | Foege | Ford |
| Frevert | Garman | Greimann | Huser |
| Jochum | Kreiman | Kuhn | Larkin |
| Larson | Lensing | Mascher | May |
| Mertz | Murphy | Myers | O'Brien |
| Osterhaus | Petersen | Quirk | Reeder |
| Reynolds | Richardson | Scherrman | Schrader |
| Seng | Shoultz | Smith | Stevens |
| Taylor, D. | Taylor, T. | Tremmel | Warnstadt |
| Winckler | Wise | Witt | |
Absent or not voting, 2:
| Hatch | Teig |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Jacobs of Polk asked and received unanimous consent that House
File 2618 and Senate File 2320 be immediately messaged to the
Senate.
Jacobs of Polk asked and received unanimous consent for the
immediate consideration of Senate File 2325.
Appropriations Calendar
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,
with report of committee recommending amendment and passage,
was taken up for consideration.
Jenkins of Black Hawk offered the following amendment H-8589
filed by the committee on appropriations and moved its adoption:
H-8589
1 Amend Senate File 2325, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 27, line 27, through page 30,
4 line 4.
5 2. Title page, line 7, by inserting after the
6 word "resources," the following: "and".
7 3. Title page, by striking lines 8 and 9 and
8 inserting the following: "review of state agencies."
9 4. By renumbering as necessary.
Speaker pro tempore Sukup in the chair at 10:58 p.m.
A non-record roll call was requested.
The ayes were 33, nays 49.
The committee amendment H-8589 lost.
Mascher of Johnson offered the following amendment H(8558 filed
by her and moved its adoption:
H-8558
1 Amend Senate File 2325, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 20, by inserting after line 17 the
4 following:
5 "Sec. . Section 455D.6, Code 2001, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 6A. Develop a strategy and
8 recommend to the commission the adoption of rules
9 necessary to implement by January 1, 2004, a strategy
10 for the recycling of electronic goods and the
11 disassembling and removing of toxic parts from
12 electronic goods."
13 2. By renumbering as necessary.
Amendment H(8558 was adopted.
Jenkins of Black Hawk asked and received unanimous consent
that Senate File 2325 be deferred and that the bill retain its place on
the calendar.
Dix of Butler in the chair at 11:53 p.m.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 10,
2002. Had I been present, I would have voted "aye" on House File
2612.
JOHNSON of Osceola
I was necessarily absent from the House chamber on April 9, 2002.
Had I been present, I would have voted "aye" on House File 2622 and
"nay" on Senate File 2326.
O'BRIEN of Boone
I was necessarily absent from the House chamber on April 9, 2002.
Had I been present, I would have voted "aye" on House File 2622 and
"nay" on Senate File 2326.
SCHERRMAN of Dubuque
I was necessarily absent from the House chamber on April 10,
2002. Had I been present, I would have voted "aye" on House Files
2472, 2532 and 2589.
SHEY of Linn
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 10th day of April, 2002: House Files 2509 and 2586.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Fifty students from Okoboji Schools, accompanied by Georgia and
Dean Sheeley, Laura Stevens and Dee Vaage. By Stevens of
Dickinson.
COMMUNICATION RECEIVED
The following communication was received and filed in the office of
the Chief Clerk:
AUDITOR OF STATE
The Single Audit Report for the Fiscal Year 2001, pursuant to Chapter 11, 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\1035 Adam Weber, Danbury - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America on April 27, 2002.
2002\1036 Nicholas Mauch, Danbury - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America on April 27, 2002.
2002\1037 Virgil Geno, Sigourney - For celebrating his 90th birthday.
2002\1038 Gladys Mark, Casey - For celebrating her 90th birthday.
2002\1039 Lucille Meyers, Bagley - For celebrating her 90th birthday.
2002\1040 Chester Frank, Lake View - For celebrating his 80th birthday.
2002\1041 Marvin and Ethel Wiley, Sac City - For celebrating their 65th
wedding anniversary.
2002\1042 George and Mae Sargent, Anthon - For celebrating their 50th
wedding anniversary.
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 AGRICULTURE
House File 2468, a bill for an act relating to animal agriculture.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8613 April 10, 2002.
COMMITTEE ON APPROPRIATIONS
Senate File 2168, a bill for an act authorizing the state board of regents to issue
bonds to construct, improve, remodel, repair, furnish, and equip inpatient and
outpatient facilities and patient care facilities at the university of Iowa hospitals and
clinics.
Fiscal Note is not required.
Recommended Do Pass April 9, 2002.
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.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8589 April 9, 2002.
LSB7171YC, relating to public funding provisions involving the compensation and
benefits for public officials and employees, county mental health allowed growth,
regulatory and other properly related matters of the state, making and reducing
appropriations, and providing effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass April 9, 2002.
COMMITTEE ON COMMERCE AND REGULATION
Senate File 2324, a bill for an act relating to the use of construction management
services on public works projects.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8596 April 10, 2002.
COMMITTEE ON WAYS AND MEANS
Senate File 2310, a bill for an act relating to the requirements for receiving a
property tax exemption for open prairies and wildlife habitats and including an
applicability date provision.
Fiscal Note is not required.
Recommended Do Pass April 9, 2002.
Senate File 2320, a bill for an act relating to the assessment of court fees by the
clerk of district court.
Fiscal Note is not required.
Recommended Do Pass April 9, 2002.
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.
Fiscal Note is not required.
Recommended Do Pass April 9, 2002.
RESOLUTION FILED
HR 138, by Jenkins and Witt, a resolution recognizing and
congratulating the City of Cedar Falls for receiving the Great
American Main Street Award from the National Trust for Historic
Preservation.
Laid over under Rule 25.
AMENDMENTS FILED
H-8588 S.F. 2310 Sievers of Scott
Fallon of Polk
Finch of Story
Frevert of Palo Alto
H-8591 S.F. 2324 T. Taylor of Linn
H-8592 S.F. 2324 Brunkhorst of Bremer
H-8593 S.F. 2324 Dotzler of Black Hawk
H-8594 S.F. 2324 Dotzler of Black Hawk
H-8595 S.F. 2321 Shoultz of Black Hawk
H-8596 S.F. 2324 Committee on Commerce
and Regulation
H-8597 H.F. 2614 Brunkhorst of Bremer
H-8598 S.F. 2324 Wise of Lee
H-8599 H.F. 2614 Gipp of Winneshiek
H-8600 S.F. 2324 Reynolds of Van Buren
H-8601 S.F. 2324 Reynolds of Van Buren
H-8602 S.F. 2324 Reynolds of Van Buren
H-8603 S.F. 2324 Reynolds of Van Buren
H-8604 H.F. 2614 Elgin of Linn
Gipp of Winneshiek
Raecker of Polk
H-8606 S.F. 2324 Bradley of Clinton
H-8607 H.F. 2614 Warnstadt of Woodbury
H-8609 S.F. 2316 Jenkins of Black Hawk
H-8610 S.F. 2324 Chiodo of Polk
H-8612 S.F. 2324 Reynolds of Van Buren
H-8613 H.F. 2468 Committee on Agriculture
H-8615 S.F. 2316 Cormack of Webster
H-8617 H.F. 2614 Cohoon of Des Moines
Wise of Lee
H-8618 H.F. 2623 Kreiman of Davis
Reynolds of Van Buren
H-8619 H.F. 2614 Cormack of Webster
H-8620 H.F. 2623 Kreiman of Davis
H-8621 H.F. 2623 Mertz of Kossuth
Drake of Pottawattamie
H-8622 H.F. 2623 Alons of Sioux
Finch of Story
Brunkhorst of Bremer
H-8623 H.F. 2623 Alons of Sioux
Eichhorn of Hamilton Brunkhorst of Bremer
Baudler of Adair Raecker of Polk
Rekow of Allamakee Tyrrell of Iowa
H-8624 S.F. 2324 Shoultz of Black Hawk
H-8625 H.F. 2623 Wise of Lee
H-8626 H.F. 2623 Wise of Lee
H-8627 H.F. 2623 Bell of Jasper
Gipp of Winneshiek
Murphy of Dubuque
H-8628 H.F. 2623 Wise of Lee
H-8629 S.F. 2324 Hatch of Polk
H-8630 H.F. 2623 Stevens of Dickinson
Lensing of Johnson
H-8631 S.F. 2324 Shoultz of Black Hawk
H-8633 H.F. 2623 Kreiman of Davis
Rekow of Allamakee
H-8634 S.F. 2324 Reynolds of Van Buren
H-8635 S.F. 2325 Jenkins of Black Hawk
H-8636 H.F. 2623 Murphy of Dubuque
H-8637 H.F. 2623 Rekow of Allamakee
Brunkhorst of Bremer
Boggess of Page
H-8638 S.F. 2326 Ford of Polk
H-8639 H.F. 2623 Ford of Polk
On motion by Rants of Woodbury the House adjourned at 12:32
a.m., until 8:45 a.m., Thursday, April 11, 2002.
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