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House Journal: Wednesday, February 19, 2003

JOURNAL OF THE HOUSE

Thirty-eighth Calendar Day - Twenty-seventh Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 19, 2003

The House met pursuant to adjournment at 8:43 a.m., Speaker
Rants in the chair.

Prayer was offered by Reverend Jim Wakelin, pastor of the
Christian Church of Bloomfield. He was the guest of Representative
Swaim of Davis County.

The Journal of Tuesday, February 18, 2003 was approved.

PETITION FILED

The following petition was received and placed on file:

By Arnold of Lucas, from four hundred eighty-nine constituents of
the Seventy-second District opposing the Iowa Department of Natural
Resource's practice of draining the recreational areas known as
Brown's Slough and the Colyn Area each spring. They request that
the water levels in the respective areas be maintained at levels to
support fish habitat and to allow sufficient water levels for canoeing
and other, similar non-motorized boating areas.

INTRODUCTION OF BILLS

House File 235, by committee on local government, a bill for an
act relating to the various duties of the county treasurer.

Read first time and placed on the calendar.

House File 236, by Eichhorn, a bill for an act relating to making
the office of the clerk of the district court an elective office.

Read first time and referred to committee on judiciary.


House File 237, by Swaim, a bill for an act providing for the
elimination of specified school district budget guarantee provisions,
and providing an effective date.

Read first time and referred to committee on education.

House File 238, by Baudler, a bill for an act relating to the
amount of mussels and shells which may be taken pursuant to a sport
fishing license.

Read first time and referred to committee on natural resources

House File 239, by Foege, a bill for an act providing an
appropriation to the Iowa department of public health for the child
protection center grant program.

Read first time and referred to committee on appropriations.

House File 240, by committee on agriculture, a bill for an act
relating to the composition of the Iowa egg council.

Read first time and placed on the calendar.

House File 241, by Whitead and Wendt, a bill for an act
authorizing the district court to waive the requirement that the state
or any of its political subdivisions file a supersedeas bond upon
appeal to the Iowa supreme court.

Read first time and referred to committee on judiciary.

House File 242, by Whitead, a bill for an act establishing a pilot
project to waive restrictions on placement of traffic devices within
cities.

Read first time and referred to committee on transportation.

House File 243, by Shoultz, a bill for an act providing
reorganization incentives for specified school districts through state
funding of transportation costs, and making an appropriation.

Read first time and referred to committee on education.

House File 244, by Boal, a bill for an act providing resident
license fees for hunting, fishing, trapping, and related activities to
certain persons in the armed forces of the United States.

Read first time and referred to committee on natural resources.

House File 245, by Heddens, a bill for an act to rename the birth
defects institute and registry.

Read first time and referred to committee on human resources.

On motion by Gipp of Winneshiek, the House was recessed at 8:51
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 eighty-seven members present,
thirteen absent.

INTRODUCTION OF BILL

House File 246, by Boggess, a bill for an act eliminating school
driver's licenses for minors.

Read first time and referred to committee on transportation.

CONSIDERATION OF BILLS
Regular Calendar

House File 180, a bill for an act relating to character education
and service learning in Iowa's elementary and secondary schools, was
taken up for consideration.

Raecker 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. 180)

The ayes were, 100:
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
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, none.

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

HOUSE FILE 6 WITHDRAWN

Raecker of Polk asked and received unanimous consent to
withdraw House File 6 from further consideration by the House.

House File 171, a bill for an act relating to nonsubstantive Code
corrections and including effective and retroactive applicability date
provisions, with report of committee recommending amendment and
passage, was taken up for consideration.

J. R. Van Fossen of Scott offered the following amendment H-1015
filed by the committee on judiciary and moved its adoption:

H-1015

1 Amend House File 171, as follows:
2 1. Page 4, line 8, by striking the word
3 "superintendent" and inserting the following:
4 "superintendent state printing administrator".
5 2. Page 6, line 10, by striking the words "senate
6 and" and inserting the following: "senate and chief
7 clerk of the".
8 3. Page 21, line 35, by striking the word
9 "years," and inserting the following: "years,".

The committee amendment H-1015 was adopted.

J. R. Van Fossen 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. 171)

The ayes were, 100:
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
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, none.

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

House File 170, a bill for an act relating to the criminal offense of
identity theft by making changes in the elements of the offense, was
taken up for consideration.

Maddox 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. 170)

The ayes were, 100:
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
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, none.

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

House File 85, 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, with report of committee recommending
passage, was taken up for consideration.

Rasmussen of Buchanan 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. 85)

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 Heddens
Hoffman Hogg Horbach 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:
Heaton

 


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
Files 85, 170, 171 and 180.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on February 19,
2003. Had I been present, I would have voted "aye" on House File 85.

HEATON of Henry

BILL SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on February 17, 2003, he approved and transmitted to the Secretary
of State the following bill:

Senate File 36, 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 providing effective date and applicability
provisions.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

One hundred fifty senior students from Denison-Schleswig High
School, Denison, Iowa, accompanied by the government teacher,
Crystal Holt. By Hoffman of Crawford.

COMMUNICATIONS RECEIVED

The following communications were received and filed in the
office of the Chief Clerk:


DEPARTMENT OF HEALTH AND HUMAN RIGHTS

Report providing all management to staff ratios as of January 13, 2003, of all
funded positions, pursuant to Chapter 11.5A(105), Code of Iowa.

DEPARTMENT OF NATURAL RESOURCES

A report of Classification and Management of Iowa's State Parks, State Recreation
Areas and State Preserves, pursuant to Chapter 455A.4, Code of Iowa.

IOWA CRIMINAL AND JUVENILE JUSTICE PLAN

2003 update, pursuant to Chapter 216A.135, Code of Iowa.

IOWA DEPARTMENT FOR THE BLIND

Annual Report, pursuant to Chapter 216B.7, Code of Iowa.

OFFICE OF THE STATE TREASURER

Annual Report for the Linked Investments for Tomorrow, pursuant to Chapter
12B.10, 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

2003\437 Mavis Anna Hull, Boone - For celebrating her 80th birthday.

2003\438 Frank and Dorothy Horn, Ames - For celebrating their 60th wedding
anniversary.

2003\439 Maxine Chipman, Boone - For celebrating her 90th birthday.

2003\440 Mr. and Mrs. Fred Hansen, Oakland - For celebrating their 50th
wedding anniversary.

2003\441 Mildred Sprinkel, Council Bluffs - For celebrating her 90th birthday.

2003\442 Evelyn Cover, Millersburg - For celebrating her 80th birthday.

2003\443 Joe Shannahan, Williamsburg - For celebrating his 80th birthday.

2003\444 Donald and Nadyne Roland, What Cheer - For celebrating their 50th
wedding anniversary.

2003\445 Glenn and Wilma Braden, Hedrick - For celebrating their 65th
wedding anniversary.

2003\446 Bill and Bonnie Sievers, Marshalltown - For celebrating their 50th
wedding anniversary.

2003\447 John and LaVonne Pollard, Marshalltown - For celebrating their
50th wedding anniversary.

2003\448 Cletus and Ruth Heinrichs, Marshalltown - For celebrating their
50th wedding anniversary.

2003\449 Bob and Phyllis Press, Marshalltown - For celebrating their 54th
wedding anniversary.

2003\450 Everett and Dorothy Perry, Marshalltown - For celebrating their
52nd wedding anniversary.

2003\451 Frances Heuer, Marshalltown - For celebrating her 87th birthday.

2003\452 Bob Press, Marshalltown - For celebrating his 80th birthday.

2003\453 Marie Curtis, Chariton - For celebrating her 101st birthday.

2003\454 Frieda Johnson, Spirit Lake - For celebrating her 85th birthday.

2003\455 Bill and Lena Richards, Spencer - For celebrating their 50th
wedding anniversary.

2003\456 Jim and Loyce Braband, Spirit Lake - For celebrating their 50th
wedding anniversary.

2003\457 Paula M. Olson, West Des Moines - For receiving the Milken
Family Foundation National Educator Award.

2003\458 Jack Thomson, Cresco - For being inducted to the Times Plain
Dealer Hall of Fame.

2003\459 Bob and JoAnne Richards, Newton - For celebrating their 50th
wedding anniversary.

2003\460 Dale and Peggy Gardner, Newton - For celebrating their 50th
wedding anniversary.

2003\461 Nellie Leona Caylor, Newton - For celebrating her 90th birthday.

2003\462 Megan Srivinas, Fort Dodge - For being a Distinguished Finalist in
the 8th Annual Prudential Spirit of Community Awards.


SUBCOMMITTEE ASSIGNMENTS

House File 73 Reassigned

State Government: J. Drake, Chair; Connors, Elgin, Jones and Lykam.

House File 88 Reassigned

State Government: Raecker, Chair; Lykam and Rasmussen.

House File 172

Education: Raecker, Chair; Dolecheck and Winckler.

House File 203

Commerce, Regulation and Labor: Wilderdyke, Chair; Connors and Dix.

House File 209

Education: Tymeson, Chair; Paulsen and Stevens.

House File 212

Education: Tymeson, Chair; K. Kramer and Stevens.

House File 218

Education: Dolecheck, Chair; Dandekar and Tymeson.

House File 219

Education: Tymeson, Chair; Dolecheck and Stevens.

House File 221

Human Resources: Heaton, Chair; Carroll and Smith.

House File 226

Human Resources: Boddicker, Chair; Heaton and Heddens.

House File 229

Human Resources: Upmeyer, Chair; Boddicker and Foege.

House File 230

Commerce, Regulation and Labor: Sands, Chair; Manternach and T. Taylor.

House File 238

Natural Resources: Baudler, Chair; Lykam and J.R. Van Fossen.


House File 244

Natural Resources: Rasmussen, Chair; Dix and Whitead.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 47 Reassigned

State Government: Elgin, Chair; Fallon, Hutter, Jochum, Oldson, Roberts and Watts.

House Study Bill 77 Reassigned

State Government: J. Drake, Chair; Connors, Elgin, Jones and Lykam.

House Study Bill 125 Reassigned

State Government: Elgin, Chair; Fallon, Hutter, Jochum, Oldson, Roberts and Watts.

House Study Bill 126 Reassigned

State Government: J. Drake, Chair; Connors, Elgin, Jones and Lykam.

House Study Bill 131 Reassigned

State Government: Elgin, Chair; Fallon, Hutter, Jochum, Oldson, Roberts and Watts.

House Study Bill 151

State Government: J. Drake, Chair; Connors, Elgin, Jones and Lykam.

House Study Bill 152

Human Resources: Upmeyer, Chair; Boddicker and Murphy.

House Study Bill 153

Human Resources: Boddicker, Chair; Berry and Heaton.

House Study Bill 154

Human Resources: Granzow, Chair; Boddicker and Smith.

House Study Bill 157

Judiciary: Maddox, Chair; Paulsen and Swaim.

House Study Bill 158

Judiciary: Paulsen, Chair; Lensing and J.R. Van Fossen.

House Study Bill 159

Judiciary: Boal, Chair; Berry and Dennis.


House Study Bill 160

Judiciary: K. Kramer, Chair; Baudler and Foege.

House Study Bill 161

Judiciary: Eichhorn, Chair; Swaim and J.R. Van Fossen.

House Study Bill 162

Judiciary: Heaton, Chair; Eichhorn and Jochum.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 163 Ways and Means

Relating to county budgets and expenditures, including law
enforcement salaries and expenses as general county services, and
including effective date and applicability date provisions.

H.S.B. 164 Ways and Means

Relating to property taxes by requiring a super majority vote by the
general assembly on state appropriations funding certain property
tax credits and exemptions and providing local government
assistance and on legislation increasing maximum property tax rates
set by state statute and providing an immediate effective date.

H.S.B. 165 Ways and Means

Requiring the establishment of property tax replacement funds by
counties and including effective date and applicability date
provisions.

H.S.B. 166 Ways and Means

Relating to county ending fund balances and providing effective and
applicability date provisions.

H.S.B. 167 Ways and Means

Relating to local option taxes and including an effective date.

H.S.B. 168 Human Resources

Relating to the authorization of podiatrists to administer anesthesia.


H.S.B. 169 Government Oversight

Relating to life science enterprises by providing for financing, and
providing an effective date.

H.S.B. 170 Public Safety

Relating to tobacco retailers and providing penalties.

H.S.B. 171 Public Safety

Providing for the performance of criminal background investigations
and the submission of arrest information with regard to specified
individuals employed by the state in an electronic information
systems capacity.

H.S.B. 172 Economic Growth

Relating to the employment security administrative contribution
surcharge, and providing an effective date.

H.S.B. 173 Agriculture

Providing wine gallonage tax revenue to support grape and wine
development, and providing an effective date and retroactive
applicability.

COMMITTEE RECOMMENDATIONS

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 JUDICIARY

Committee Bill (Formerly House Study Bill 29), providing that interest on weekly
workers' compensation payments is paid at the same rate as for court judgments and
decrees.

Fiscal Note is not required.

Recommended: Amend and Do Pass February 18, 2003.

COMMITTEE ON NATURAL RESOURCES

Committee Bill (Formerly House Study Bill 69), relating to fees charged to
certain private water supply contractors, establishing a private water supply system
account within the water quality protection fund, and appropriating moneys in the
account.

Fiscal Note is not required.

Recommended Do Pass February 19, 2003.

AMENDMENT FILED

H-1018 H.F. 216 Hogg of Linn
Alons of Sioux

On motion by Gipp of Winneshiek the House adjourned at 1:41
p.m., until 8:45 a.m., Thursday, February 20, 2003.


Previous Day: Tuesday, February 18Next Day: Thursday, February 20
Senate Journal: Index House Journal: Index
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