House Journal: Tuesday, February 18, 2003
JOURNAL OF THE HOUSE
Thirty-seventh Calendar Day - Twenty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 18, 2003
The House met pursuant to adjournment at 8:45 a.m., Speaker
Rants in the chair.
Prayer was offered by Reverend Herb Shafer, pastor of the First
United Methodist Church, Clinton. He was the guest of
Representatives Steve Olson and Polly Bukta of Clinton County.
The Journal of Monday, February 17, 2003 was approved.
INTRODUCTION OF BILLS
House File 216, by committee on public safety, a bill for an act
relating to intelligence data and intelligence assessment
dissemination to an agency, organization, or person.
Read first time and placed on the calendar.
House File 217, by Hahn, a bill for an act relating to the practice
of barbering by modifying barbering licensure requirements,
establishing an apprentice program for barbers, and making a
penalty applicable.
Read first time and referred to committee on state government.
House File 218, by Boal, Huser, Murphy, Kramer, Dandekar,
Watts, Jacobs, Elgin, and Foege, a bill for an act providing on-time
funding for school districts with increasing enrollments, making an
appropriation, and providing effective and applicability dates.
Read first time and referred to committee on education.
House File 219, by Tymeson, Hoffman, Davitt, and Frevert, a bill
for an act relating to school infrastructure purposes and property tax
relief by increasing state sales and use taxes, distributing the
increased state sales and use tax revenues to school districts for
school infrastructure purposes and property tax relief, and including
an effective date.
Read first time and referred to committee on education.
House File 220, by Dolecheck and Reasoner, a bill for an act
relating to the sales of beer kegs by requiring an identification
number on each keg of beer, recording of the purchase of beer by the
keg, and providing penalties.
Read first time and referred to committee on state government.
House File 221, by Heaton, a bill for an act directing the mental
health and developmental disabilities commission to make
recommendations for redesigning the mental health and
developmental disabilities services system for adults and children
and providing an effective date.
Read first time and referred to committee on human resources.
House File 222, by Lukan, a bill for an act relating to fees
charged for special fire fighter motor vehicle registration plates and
making an appropriation.
Read first time and referred to committee on transportation.
House File 223, by Lukan, De Boef, D. Hanson, J.R. Van Fossen,
Rayhons, Raecker, Thomas, Huseman, Roberts, and Manternach, a
bill for an act relating to fire fighter preparedness by creating a fire
fighter preparedness fund, providing an income tax checkoff for fire
fighter preparedness, making an appropriation, and providing a
retroactive applicability date.
Read first time and referred to committee on ways and means.
House File 224, by Raecker, a bill for an act relating to the
automobile rental excise tax and making an appropriation.
Read first time and referred to committee on ways and means.
House File 225, by committee on commerce, regulation and labor,
a bill for an act modifying workers' compensation laws and providing
an effective date.
Read first time and placed on the calendar.
On motion by Gipp of Winneshiek, the House was recessed at 8:52
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:03 p.m., Speaker Rants in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-eight members present,
twenty-two absent.
CONSIDERATION OF BILLS
Regular Calendar
House Joint Resolution 3, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to the
qualification of electors, was taken up for consideration.
A joint resolution proposing an amendment to the Constitution
of the State of Iowa relating to the qualification of electors.
Section 1. The following amendment to the Constitution of the
State of Iowa is proposed: Section 5 of Article II of the
Constitution of the State of Iowa is repealed and the following
adopted in lieu thereof: DISQUALIFIED PERSONS. Sec. 5.
A person adjudged mentally incompetent to vote or a person
convicted of any infamous crime shall not be entitled to the
privilege of an elector. Sec. 2. The foregoing amendment to the
Constitution of the State of Iowa is referred to the General
Assembly to be chosen at the next general election for members
of the General Assembly, and the Secretary of State is directed
to cause the same to be published for three consecutive months
previous to the date of that election as provided by law.
Jochum of Dubuque moved that the joint resolution be read a last
time now and placed upon its adoption and the joint resolution was
read a last time.
On the question "Shall the joint resolution be adopted and agreed
to?" (H.J.R. 3)
The yeas were, 99:
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 Hanson Hansen Heaton
Heddens Hoffman Hogg Hunter
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. Osterhaus 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.K. Van Fossen, J.R. Watts
Wendt Whitaker Whitead Wilderdyke
Winckler Wise Mr. Speaker
Rants
The nays were, none.
Absent or not voting, 1:
The joint resolution having received a constitutional majority was
declared to have been adopted and agreed to by the House.
HOUSE JOINT RESOLUTION 2 WITHDRAWN
Jochum of Dubuque asked and received unanimous consent to
withdraw House Joint Resolution 2 from further consideration by the
House.
House File 175, a bill for an act relating to the use of physical
plant and equipment levy revenue, and providing an effective date,
was taken up for consideration.
Boal of Polk 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. 175)
The ayes were, 99:
|
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 | Hunter |
|
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. | Osterhaus | 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.K. | Van Fossen, J.R. | Watts |
|
Wendt | Whitaker | Whitead | Wilderdyke |
|
Winckler | Wise | Mr. Speaker |
|
| | Rants |
|
|
The nays were, none.
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Joint Resolution 3 and House File 175.
INTRODUCTION OF BILLS
House File 226, by Heddens, a bill for an act relating to
specifications for home and community-based services waivers under
the medical assistance program.
Read first time and referred to committee on human resources.
House File 227, by Foege, a bill for an act relating to child
development home registration requirements and including effective
date and applicability provisions.
Read first time and referred to committee on human resources.
House File 228, by Fallon, a bill for an act relating to applications
for motor vehicle registrations and renewals by requiring financial
liability coverage information.
Read first time and referred to committee on transportation.
House File 229, by Foege, a bill for an act relating to procedures
and services relating to dependent adults and at-risk older adults.
Read first time and referred to committee on human resources.
House File 230, by Carroll, a bill for an act relating to the
requirements for newspapers designated for official publication
purposes.
Read first time and referred to committee on commerce,
regulation and labor.
House File 231, by Shoultz, a bill for an act relating to
registration fees for certain motor trucks.
Read first time and referred to committee on transportation.
House File 232, by Carroll, a bill for an act creating the crime of
invasion of privacy, and providing a penalty.
Read first time and referred to committee on judiciary.
House File 233, by Wendt, a bill for an act relating to the use,
consumption, or possession of a controlled substance while on public
streets or highways or public school property, or while attending a
public or private school-related function.
Read first time and referred to committee on public safety.
House File 234, by committee on natural resources, 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 placed on the calendar.
SPECIAL PRESENTATION
Whitead of Woodbury introduced to the House the Honorable Mike
Peters, former state representative from Woodbury County.
The House rose and expressed its welcome.
REPORT OF ADMINISTRATION AND RULES COMMITTEE
MR. SPEAKER: Pursuant to House Concurrent Resolution 104
and Senate Concurrent Resolution 5, your committee on
administration and rules submits the following to be employed in the
indicated positions, and at the indicated classification, grades and
steps, and the change in the classification of the indicated officers and
employees to be effective on the date indicated:
Class of
Grade-AppointEff
Position Name Step ment Date
Legislative Secretary Diyonda L. Avant 16-1 S-O 01-13-03
Legislative Secretary Courtney C. Thompson 16-1 S-O 01-13-03
Senior Finance Debra K. Rex 35-5 to P-FT 01-17-03
Officer II 35-6
Legislative Secretary Janet L. Haselhoff 17-1 to S-O 01-28-03
15-1
Legislative Secretary Linda L. McCarthy 15-1 to S-O 01-28-03
16-1
Legislative Secretary Courtney C. Thompson 16-1 to S-O 01-28-03
17-1
Legislative Committee Carol F. Hansen 17-3 to S-O 01-31-03
Secretary 17-4
Legislative Committee Betty J. Sorenson 17-3 to S-O 01-31-03
Secretary 17-4
Assistant Sergeant- Maynard L. Boatwright 14-3 to S-O 02-14-03
at-Arms 14-4
Legislative Secretary Eileen M. Tyler 18-5 to S-O 02-28-03
18-6
Pursuant to Senate Concurrent Resolution 5, duly adopted, the
following is a list of officers and employees of the Joint Senate/House
and their recommended classification grades and steps:
Conservation/Restoration Mark S. Lundberg 31-2 to P-FT 01-31-03
Specialist III 31-3
2003 HOUSE COMMITTEE REVISION
The Speaker announced the following appointment to the
committees of the House due to the resignation of Representative
Frank Chiodo:
Bruce Hunter
Human Resources
Public Safety
Transportation
Administration and Regulation Appropriations Subcommittee
HOUSE FILE 33 REREFERRED
The Speaker announced that House File 33, previously referred to
committee on natural resources was rereferred to committee on
ways and means.
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\420 Wilma Bender, Waterloo - For celebrating her 100th birthday.
2003\421 Victor Olsen, Waterloo - For celebrating his 80th birthday.
2003\422 Wilma Gross, Waterloo - For celebrating her 90th birthday.
2003\423 Irene Clow, Waterloo - For celebrating her 80th birthday.
2003\424 Betty Primmer, Vinton - For celebrating her 80th birthday.
2003\425 William Holst, Vinton - For celebrating his 99th birthday.
2003\426 Kenny Turk, Anita - For celebrating his 80th birthday.
2003\427 Marie Westphal, Casey - For celebrating her 80th birthday.
2003\428 Norman Gundy, Anita - For celebrating his 85th birthday.
2003\429 Dwayne Partlow, Stuart - For celebrating his 80th birthday.
2003\430 Marle Curtis, Boone - For celebrating her 101st birthday.
2003\431 Ronald and Edna Houselog, Dubuque - For celebrating their 50th
wedding anniversary.
2003\432 Chet and Helen Tokheim, Cedar Falls - For celebrating their 65th
wedding anniversary.
2003\433 Inez Glotfelty, Fairfield - For celebrating her 102nd birthday.
2003\434 Harland and Ruth Fall, Marion - For celebrating their 60th wedding
anniversary.
2003\435 Frederick and Virginia McGovern, Dubuque - For celebrating their
50th wedding anniversary.
2003\436 Russell and Leona Hibben, Dubuque - For celebrating their 50th
wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 106
Judiciary: Schickel, Chair; Dennis and Jochum.
House File 144
Commerce, Regulation and Labor: Wilderdyke, Chair; Kurtenbach and Quirk.
House File 169
State Government: J. Drake, Chair; Connors, Elgin, Jones and Lykam.
House File 177
Transportation: S. Olson, Chair; Thomas and Van Engelenhoven.
House File 184
Transportation: Rasmussen, Chair; Greiner and H. Miller.
House File 190
Human Resources: Upmeyer, Chair; Foege and Tymeson.
House File 194
Environmental Protection: Elgin, Chair; Greimann and Hahn.
House File 200
Human Resources: Carroll, Chair; Boddicker and H. Miller.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 138
Transportation: Rayhons, Chair; Lykam and S. Olson.
House Study Bill 143
Human Resources: Upmeyer, Chair; Boddicker and H. Miller.
House Study Bill 144
Human Resources: Boddicker, Chair; Hutter and Wendt.
House Study Bill 145
Human Resources: Boddicker, Chair; Berry and Heaton.
House Study Bill 146
Human Resources: Boddicker, Chair; Greimann and Tymeson.
House Study Bill 147
Human Resources: Tymeson, Chair; Foege and Granzow.
House Study Bill 148
Human Resources: Upmeyer, Chair; Boddicker and Murphy.
House Study Bill 149
Human Resources: Boddicker, Chair; Heddens and Upmeyer.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 151 State Government
Providing for qualified service under the peace officers' retirement,
accident, and disability system.
H.S.B. 152 Human Resources
Relating to the regulation of adult day services and assisted living
programs, providing an appropriation and penalties, and providing a
contingent effective date.
H.S.B. 153 Human Resources
Relating to public assistance benefits received by persons who were
not entitled or eligible to receive the benefits, providing criminal and
civil penalties, and appropriating certain penalties received.
H.S.B. 154 Human Resources
Relating to technical amendments with regard to programs under the
authority of the department of public health.
H.S.B. 155 Education
Providing for the establishment of the state percent of growth for
purposes of the state school foundation program and providing an
applicability date.
H.S.B. 156 State Government
Relating to elections and voter registration by implementing
requirements of federal law, making corrective changes to state
election law, making appropriations, and including effective date
provisions.
H.S.B. 157 Judiciary
Relating to the judicial branch by changing procedures for
nominating a judge or magistrate, by prohibiting members of a
judicial nominating commission from voting on certain nominees, and
by apportioning judgeships among the judicial election districts.
H.S.B. 158 Judiciary
Relating to the department of corrections and its duties regarding
treatment and education of inmates at various correctional facilities,
release of presentence reports, optional inmate treatment and
education provision, expansion of and appeals regarding earned time
credits, optional operational provisions for some correctional
facilities, change to the inmate savings and inmate telephone rebate
fund, and payment of supervision fees.
H.S.B. 159 Judiciary
Relating to emergency procedures for the temporary detention and
treatment of persons who are incapacitated or impaired due to
substance abuse or mental health problems.
H.S.B. 160 Judiciary
Relating to the uniform principal and income Act and a trustee's
power to adjust between income and principal.
H.S.B. 161 Judiciary
Concerning procedures, duties, and fees related to the judicial branch.
H.S.B. 162 Judiciary
Relating to detaining or the placement of criminal defendants who
are mentally incompetent or dangerous and providing for a study.
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
Committee Bill (Formerly House Study Bill 49), relating to the composition of the
Iowa egg council.
Fiscal Note is not required.
Recommended Do Pass February 18, 2003.
COMMITTEE ON LOCAL GOVERNMENT
Committee Bill (Formerly House Study Bill 44), relating to the various duties of
the county treasurer.
Fiscal Note is required.
Recommended Amend and Do Pass February 13, 2003.
COMMITTEE ON NATURAL RESOURCES
Committee Bill (Formerly House File 80), 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.
Fiscal Note is not required.
Recommended Amend and Do Pass February 17, 2003.
Committee Bill (Formerly House Study Bill 68), providing that revenues
deposited in the state conservation fund are temporarily exempt from reversion and
providing an effective date.
Fiscal Note is not required.
Recommended Do Pass February 17, 2003.
COMMITTEE ON PUBLIC SAFETY
Committee Bill (Formerly House Study Bill 80), relating to the manufacture,
delivery, possession with the intent to manufacture or deliver, or conspiring to
manufacture, deliver, or possess with the intent to manufacture or deliver
flunitrazepam, and providing a penalty.
Fiscal Note is not required.
Recommended Do Pass February 18, 2003.
Committee Bill (Formerly House Study Bill 92), relating to the criminal penalties
for an assault on members of certain occupations.
Fiscal Note is not required.
Recommended Amend and Do Pass February 18, 2003.
RESOLUTION FILED
HR 17, by Fallon, Shoultz, Jochum, Myers, Connors, Thomas,
D. Taylor, Greimann, Berry, Wendt, D. Olson, Osterhaus, Bukta,
Foege, Mascher, Ford, Murphy, Petersen, Heddens, Lensing and
Frevert, a resolution regarding preemptive, unilateral military action
against Iraq.
Laid over under Rule 25.
AMENDMENT FILED
H-1017 H.F. 156 Boddicker of Cedar
Roberts of Carroll
Smith of Marshall
On motion by Gipp of Winneshiek the House adjourned at 1:30
p.m., until 8:45 a.m., Wednesday, February 19, 2003.
© 2003 Cornell College and
League of Women Voters of Iowa
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