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House Journal: Wednesday, January 29, 2003

JOURNAL OF THE HOUSE

Seventeenth Calendar Day - Twelfth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, January 29, 2003

The House met pursuant to adjournment at 8:46 a.m., Speaker
Rants in the chair.

Prayer was offered by Reverend Orris L. Drake, pastor of Shelby
United Methodist Church, Shelby. He was the guest of
Representative Drake of Pottawattamie County.

The Journal of Tuesday, January 28, 2003 was approved.

INTRODUCTION OF BILLS

House File 67, by Foege, a bill for an act establishing a children's
environmental health and protection advisory council.

Read first time and referred to committee on human resources.

House File 68, by Wise, a bill for an act relating to the authority
of the county board of supervisors to approve or disapprove certain
city zoning ordinances or regulations and providing for the Act's
applicability.

Read first time and referred to committee on local government.

House File 69, by Foege, a bill for an act relating to children's
product safety and providing civil penalties.

Read first time and referred to committee on human resources.

House File 70, by Eichhorn, a bill for an act establishing a
biennial appropriations process and providing effective and
applicability dates.

Read first time and referred to committee on appropriations.


House File 71, by Alons, a bill for an act prohibiting the
cancellation or nonrenewal of property and casualty insurance
policies due to certain claims involving no fault of the insureds.

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

House File 72, by Jochum, a bill for an act relating to the
classification as commercial property for property taxation of certain
animal feeding operation structures and including an applicability
date provision.

Read first time and referred to committee on ways and means.

House File 73, by Jochum, a bill for an act providing for the
assignment of pension benefits from state-administered retirement
systems for the payment of health insurance coverage premiums.

Read first time and referred to committee on state government.

House File 74, by Foege, a bill for an act providing for a study of
mental health treatment in correctional settings.

Read first time and referred to committee on judiciary.

House File 75, by Jochum, a bill for an act relating to mandatory
disclosures in certain political telephone communications, and
applying a penalty.

Read first time and referred to committee on state government.

House File 76, by Hansen, a bill for an act relating to the
protection of animals from injury or torment in contest events, and
providing penalties.

Read first time and referred to committee on public safety.

House File 77, by Jochum, a bill for an act relating to bingo
games and games using pull-tab tickets conducted by qualified
organizations.


Read first time and referred to committee on state government.

House File 78, by Eichhorn, a bill for an act relating to failure-to-
warn claims in product liability actions.

Read first time and referred to committee on judiciary.

House File 79, by Jochum, a bill for an act relating to the
jurisdiction of the utilities board to regulate rates and services of
water distributed from a privately owned water well.

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

House File 80, by Wendt and Whitead, a bill for an act
transferring the powers and duties of the Missouri river preservation
and land use authority to the loess hills development and
conservation authority and providing effective dates.

Read first time and referred to committee on natural resources.

House File 81, by Jochum, a bill for an act relating to disclosure
of information on use of tax revenues for economic development
purposes.

Read first time and referred to committee on ways and means.

House File 82, by Jochum, a bill for an act creating an energy
conservation program, tax credits, and an energy conservation
program revolving fund and including effective and retroactive
applicability date provisions.

Read first time and referred to committee on ways and means.

RULE 39 SUSPENDED

Gipp of Winneshiek asked and received unanimous consent to
suspend Rule 39, relating to the House Calendar, for the immediate
consideration of Senate File 36.


CONSIDERATION OF BILL
Appropriations Calendar

Senate File 36, a bill for an act supplementing appropriations
made for the fiscal year beginning July 1, 2002, to the departments of
human services, corrections, and public safety, and to the state public
defender and the public broadcasting division of the department of
education, and providing effective date and applicability provisions,
with report of committee recommending amendment and passage,
was taken up for consideration.

Dix of Butler offered the amendment H-1004 filed by the
committee on appropriations as follows:

H-1004

1 Amend Senate File 36, as passed by the Senate, as
2 follows:
3 1. Page 8, by striking lines 7 through 19.
4 2. Title page, by striking lines 4 and 5 and
5 inserting the following: "defender, and providing
6 effective date and".
7 3. By renumbering as necessary.

The House stood at ease at 8:58 a.m., until the fall of the gavel.

The House resumed session and consideration of Senate File 36
and the committee amendment H-1004, at 9:17 a.m., Speaker Rants
in the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Osterhaus of Jackson on request of Mascher of Johnson.

On motion by Dix of Butler, the committee amendment H-1004
was adopted.

Dix of Butler 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. 36)

The ayes were, 97:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Fallon Foege
Ford Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Huseman Huser Hutter Jacobs
Jenkins Jochum Jones Klemme
Kramer Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach Mascher McCarthy Mertz
Miller Murphy Myers Oldson
Olson, D. Olson, S. Paulsen Petersen
Quirk Raecker Rasmussen Rayhons
Reasoner Roberts Sands Schickel
Shoultz Smith Stevens Struyk
Swaim Taylor, D. Taylor, T. Thomas
Tjepkes Tymeson Upmeyer Van Engelenhoven
Van Fossen, J.R. Watts Wendt Whitaker
Whitead Wilderdyke Winckler Wise
Mr. Speaker
Rants

 


The nays were, 1:
Van Fossen, J.K.

 


Absent or not voting, 1:
Osterhaus

 


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

IMMEDIATE MESSAGE

Gipp of Winneshiek asked and received unanimous consent that
Senate File 36 be immediately messaged to the Senate.

On motion by Gipp of Winneshiek, the House was recessed at 9:25
a.m., until 1:00 p.m.


AFTERNOON SESSION

The House reconvened at 1:00 p.m., Speaker pro tempore Carroll
in the chair.

INTRODUCTION OF BILLS

House File 83, by Drake and Baudler, a bill for an act relating to
the number of controlled burns of demolished buildings conducted by
certain cities.

Read first time and referred to committee on environmental
protection.

House File 84, by Wendt and Whitead, a bill for an act allowing
cities and counties to create enterprise zones near modes of
transportation.

Read first time and referred to committee on economic growth.

House File 85, by Whitead, Wendt, Kuhn, and Miller, a bill for an
act relating to tip-up fishing in the waters of the Missouri and Big
Sioux rivers and subjecting violators to an existing penalty.

Read first time and referred to committee on natural resources.

House File 86, by Murphy, a bill for an act specifying that health
insurance benefits for retirees are included within the topic of
insurance as a mandatory subject of bargaining for public employees.

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

House File 87, by Murphy, a bill for an act relating to the
determination of time of death and signing of the death certificate by
an advanced registered nurse practitioner.

Read first time and referred to committee on state government.

House File 88, by Murphy, a bill for an act relating to the
appointment and compensation of the administrator of the state
racing and gaming commission.

Read first time and referred to committee on state government.

House File 89, by Murphy, a bill for an act relating to city or
county civil service commissions.

Read first time and referred to committee on local government.

House File 90, by Raecker, a bill for an act providing a tax credit
under the individual income tax for an individual who provides
household services and care for certain dependents and including a
retroactive applicability date provision.

Read first time and referred to committee on ways and means.

ADOPTION OF HOUSE RESOLUTION 5

Klemme of Plymouth asked and received unanimous consent for
the immediate consideration of House Resolution 5, a resolution
designating January 29, 2003, as Iowa Insurance Day.

Hoffman of Crawford moved the adoption of House Resolution 5.

The motion prevailed and the resolution was 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

2003\195 Robert and Barbara Davin, Charles City - For celebrating their 60th
wedding anniversary.

2003\196 Larry and Donna Stewart, Charles City - For celebrating their 50th
wedding anniversary.

2003\197 Shane DeBord, Atlantic - For receiving the Promotion Award at the
2003 Iowa Pork Congress.

2003\198 Donnie Dreager, Atlantic - For receiving the Hog Wild Award at the
2003 Iowa Pork Congress.

2003\199 Dawn Dreager, Atlantic - For receiving the Bell Ringer Award at
the 2003 Iowa Pork Congress.


2003\200 Nelsine Schroeder, Sheffield - For celebrating her 80th birthday.

2003\201 John and Frances Schwichtenberg, Clear Lake - For celebrating
their 55th wedding anniversary.

2003\202 Mark Miller, Johnston - For being named Johnston Business
Person of the Year.

2003\203 Dave Moody, Nevada - For receiving the 2002 Iowa Pork All-
American Award from the Iowa Pork Producers Association.

2003\204 Dave and Becky Struthers, Collins - For being named a 2002 Iowa
Master Pork Producer by the Iowa Pork Producers Association.

SUBCOMMITTEE ASSIGNMENTS

House File 4

Appropriations: Dix, Chair; Jenkins and Wise.

House File 13

Education: Carroll, Chair; K. Kramer and Wise.

House File 28

Ways and Means: Boal, Chair; Lukan and Shoultz.

House File 30

Appropriations: Dix, Chair; Jenkins and Murphy.

House File 39

Ways and Means: Tymeson, Chair; Sands and D. Taylor.

House File 44

Appropriations: Dix, Chair; Jenkins and Murphy.

House File 47

Appropriations: Dix, Chair; Jenkins and Murphy.

House File 55

Appropriations: Dix, Chair; Jenkins and Murphy.

House File 56

Education: Boal, Chair; Schickel and Wise.


House File 58

Education: Dolecheck, Chair; Paulsen and Winckler.

House File 61

Ways and Means: Tymeson, Chair; Lukan and D. Taylor.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 34

Economic Growth: K. Kramer, Chair; Lalk and Swaim.

House Study Bill 35

Economic Growth: Lukan, Chair; Dix and Stevens.

House Study Bill 36

Natural Resources: Baudler, Chair; Frevert and Lukan.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 38 Economic Growth

Relating to the enterprise zone program and including effective date
and applicability provisions.

H.S.B. 39 Economic Growth

Limiting damages for noneconomic losses arising out of the personal
injury or death of a resident of a health care facility.

H.S.B. 40 Education

Relating to school district transportation of students participating in
open enrollment.

H.S.B. 41 Judiciary

Relating to the commutation procedure for a class "A" felon.


COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House File 2), relating to the percentage of property
valuation in each county and city that is subject to the ad valorem property tax and
providing for the Act’s applicability.

Fiscal note is not required.

Recommended Amend and Do Pass January 29, 2003.

On motion by Klemme of Plymouth the House adjourned at 1:10
p.m., until 8:45 a.m., Thursday, January 30, 2003.


Previous Day: Tuesday, January 28Next Day: Thursday, January 30
Senate Journal: Index House Journal: Index
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