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House Journal: Tuesday, March 4, 2003

JOURNAL OF THE HOUSE

Fifty-first Calendar Day - Thirty-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 4, 2003

The House met pursuant to adjournment at 8:50 a.m., Speaker
Rants in the chair.

Prayer was offered by Reverend Randy Widbin, pastor of Christ
Community Church, Sioux Center. He was the guest of
Representative Dwayne Alons of Sioux County.

The Journal of Monday, March 3, 2003 was approved.

INTRODUCTION OF BILLS

House File 390, by committee on economic growth, a bill for an
act relating to economic development programs for targeted small
businesses.

Read first time and placed on the calendar.

House File 391, by committee on commerce, regulation and labor,
a bill for an act establishing a pilot program for the development of
cogeneration facilities, providing for the development of ratemaking
principles and rates for pilot program facilities, and providing for a
future repeal.

Read first time and placed on the calendar.

House File 392, by committee on economic growth, a bill for an
act relating to economic growth strategic planning.

Read first time and placed on the calendar.

House File 393, by Wendt, a bill for an act establishing a
multiagency quality service review pilot project for children involved
in the juvenile justice, education, and child welfare systems and
providing an appropriation.

Read first time and referred to committee on human resources.

House File 394, by committee on economic growth, a bill for an
act relating to the purposes of the community attraction and tourism
program.

Read first time and placed on the calendar.

House File 395, by committee on commerce, regulation and labor,
a bill for an act relating to the extension of credit without
discrimination under the consumer credit code.

Read first time and placed on the calendar.

House File 396, by committee on human resources, a bill for an
act relating to disaster preparedness and providing an effective date.

Read first time and placed on the calendar.

House File 397, by committee on economic growth, a bill for an
act relating to community development block grants to the
department of economic development and including effective and
retroactive applicability dates.

Read first time and placed on the calendar.

House File 398, by Kurtenbach, Dix, Alons, Jenkins, Hahn, Boal,
Kramer, J. K. Van Fossen, Drake, and Eichhorn, a bill for an act
requiring the establishment of alternative defined contribution
retirement systems for elementary and secondary school teachers and
public hospital employees.

Read first time and referred to committee on state government.

House File 399, by committee on economic growth, a bill for an
act relating to the new jobs and income program and providing a tax
credit.

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

House File 400, by committee on public safety, a bill for an act
relating to conducting searches of persons on probation or parole and

providing information to local law enforcement agencies and the state
department of transportation.

Read first time and placed on the calendar.

House File 401, by committee on economic growth, a bill for an
act relating to the procedures for certificates of completion of property
rehabilitation projects for which tax credits may be available.

Read first time and placed on the calendar.

House File 402, by Raecker, Maddox, Elgin, Jochum, and
Mascher, a bill for an act providing for the restoration of the right to
vote for certain persons who have made full restitution and who have
been discharged from probation, parole, or work release, or who have
been released from confinement.

Read first time and referred to committee on state government.

House File 403, by Heaton, a bill for an act authorizing the
department of human services to contract for managed care of adult
mental health or substance abuse services under the medical
assistance program under certain circumstances and providing an
effective date.

Read first time and referred to committee on human resources.

House File 404, by committee on public safety, a bill for an act
authorizing a sentencing court to issue no-contact orders against
persons arrested for any public offense.

Read first time and placed on the calendar.

House File 405, by Stevens, Upmeyer, Freeman, and Tjepkes, a
bill for an act relating to the authority of a local governmental entity
to regulate the application, use, sale, and distribution of fertilizers
and soil conditioners.

Read first time and referred to committee on agriculture.


House File 406, by Heaton, a bill for an act providing for
assignment of child support to the department of human services for
provision of care to a child in a psychiatric medical institution for
children.

Read first time and referred to committee on human resources.

House File 407, by Jochum, a bill for an act providing for an
increase in the amount of punitive damages a tenant may recover
from a landlord's bad faith retention of a security deposit.

Read first time and referred to committee on judiciary.

House File 408, by Lukan, a bill for an act relating to bingo
operations.

Read first time and referred to committee on state government.

House File 409, by Heaton, a bill for an act relating to
establishing a pharmaceutical discount clearinghouse and hotline,
and making an appropriation.

Read first time and referred to committee on human resources.

House File 410, by Lensing and Mascher, a bill for an act relating
to smoking prohibitions.

Read first time and referred to committee on human resources.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

De Boef of Kossuth and Huseman of Cherokee on request of Speaker Rants.

ADOPTION OF HOUSE RESOLUTION 16

Smith of Marshall called up for consideration House Resolution
16, a resolution honoring the city of Marshalltown on its
sesquicentennial year, and moved its adoption.

The motion prevailed and the resolution was adopted.

SPECIAL PRESENTATION

Smith of Marshall introduced to the House the Mayor of
Marshalltown, Floyd Harthun, who thanked the House for the honor.

The House rose and expressed its welcome.

CONSIDERATION OF BILLS
Regular Calendar

House File 249, a bill for an act 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, was
taken up for consideration.

Eichhorn of Hamilton 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. 249)

The ayes were, 97:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt 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
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.R. Watts Wendt Whitaker
Whitead Wilderdyke Winckler Wise
Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 3:
De Boef Huseman Van Fossen, J.K.

 


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

House File 250, a bill for an act relating to the criminal penalties
for an assault on members of certain occupations, was taken up for
consideration.

Hogg of Linn asked and received unanimous consent to withdraw
amendment H-1026 filed by him on February 25, 2003.

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. 250)

The ayes were, 96:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt Dennis
Dix Dolecheck Drake Eichhorn
Elgin Foege Ford Freeman
Frevert Gaskill Gipp Granzow
Greimann Greiner Hahn Hansen
Hanson Heaton Heddens Hoffman
Hogg Horbach Hunter 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.R.
Watts Wendt Whitaker Whitead
Wilderdyke Winckler Wise Mr. Speaker
Rants

 


The nays were, 1.
Fallon

 


Absent or not voting, 3:
De Boef Huseman Van Fossen, J.K.

 


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

House File 234, 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, was taken up for consideration.

Boggess of Page offered amendment H-1020 filed by Boggess,
Freeman of Buena Vista and Whitead of Woodbury as follows:

H-1020

1 Amend House File 234 as follows:
2 1. By striking page 1, line 1, through page 3,
3 line 12, and inserting the following:
4 "Section 1. NEW SECTION. 161D.9 MISSOURI RIVER
5 PRESERVATION AND LAND USE.
6 1. LEGISLATIVE FINDINGS. The general assembly
7 finds that the Missouri river is an important natural
8 resource to the state of Iowa and that the creation of
9 comprehensive plans which lead to the purchase,
10 development, and preservation of land adjacent to the
11 Missouri river will provide recreational and economic
12 benefits to the state and to the counties and cities
13 which border on the river. The general assembly
14 further finds that current planning and purchase
15 efforts relating to development of Missouri riverfront
16 property have fallen short of the goal of developing a
17 comprehensive plan for the recreational development of
18 the Missouri river and that giving the loess hills
19 development and conservation authority the mission of
20 engaging in these efforts will have a greater
21 likelihood of reaching the desired goal.

22 2. DUTIES OF AUTHORITY.
23 a. The authority may engage in comprehensive
24 planning for and the development and implementation of
25 strategies designed to preserve and restore the
26 natural beauty of the land adjacent to and the water
27 of the Missouri river through land acquisition.
28 Planning and implementation activities may be
29 coordinated with plans and implementation activities
30 of the department of natural resources for lands owned
31 or acquired by the department.
32 b. The mission of the authority is to research,
33 develop comprehensive plans, and implement strategies
34 which emphasize the creation of multipurpose
35 recreational areas that foster and accent the natural
36 characteristics of the Missouri river and which
37 provide for environmentally sound land and water use
38 practices for land adjacent to the Missouri river; to
39 designate and prioritize for purchase parcels of land
40 which are located in areas critical for the
41 environmental health of the Missouri river waterway;
42 to develop plans for and to acquire parcels of land to
43 establish a public greenbelt along the banks of the
44 Missouri river; to develop plans for public
45 recreational use of lands adjacent to the Missouri
46 river, including but not limited to a public bicycle
47 trail; and to cooperate with county and city
48 authorities and federal and state authorities in order
49 to fulfill the mission of the authority.
50 c. The authority may develop plans and proposals

Page 2

1 and conduct public hearings relating to the
2 conservation, preservation, and acquisition of land
3 adjacent to the Missouri river. In developing plans
4 and proposals, the authority may consult with any
5 person or organization which has interests that would
6 be affected by the acquisition and development of
7 Missouri river property in accordance with the mission
8 of the authority, including but not limited to utility
9 companies, municipalities, agricultural organizations,
10 the corps of engineers, rural water districts, soil
11 and water conservation districts, private water
12 suppliers, business and industry organizations,
13 drainage and levee district associations, benefited
14 recreational lake districts, and any soil conservation
15 organizations. The authority may include a copy of
16 any plans and proposals and may document the results
17 and findings of those hearings in a report or series
18 of reports.
19 d. The authority shall administer the Missouri
20 river preservation and land use fund established under

21 subsection 3, and shall deposit and expend moneys in
22 the fund for the development of plans for, development
23 of, and purchase of lands adjacent to the Missouri
24 river and for annual payment of property taxes on any
25 land purchased. The county treasurer shall certify
26 the amount of taxes due the authority. The assessed
27 value of the property held by the authority shall be
28 that value determined under section 427.1, subsection
29 18, and the authority may protest the assessed value
30 in the manner provided by law for any property owner
31 to protest an assessment. For purposes of chapter
32 257, the assessed value of any property which was
33 acquired by the authority shall be included in the
34 valuation base of the school district and the payments
35 made by the authority shall be considered as property
36 tax revenues and not as miscellaneous income. The
37 expenditure of funds may include, but is not limited
38 to, use of moneys from the Missouri river preservation
39 and land use fund to match funds from state, federal,
40 and private resources.
41 e. The title to all property purchased by the
42 authority shall be taken in the name of the state, but
43 land shall not be acquired through condemnation
44 proceedings and all purchases shall be from willing
45 sellers. The authority may transfer jurisdiction over
46 any lands the authority acquires to the department of
47 natural resources, or may enter into agreements with
48 the department or the appropriate county conservation
49 board, for the management of the lands. All lands
50 purchased shall be for public use, and not for private

Page 3

1 commercial purposes, but the authority may permit the
2 expenditure of private funds for the improvement of
3 land or water adjacent to or purchased by the
4 authority. All surveys and plats of lands purchased
5 by the authority shall be filed in the manner provided
6 in section 461A.22. Land purchased by the authority
7 shall be managed and policed in the manner provided
8 under agreements between the authority and the agency
9 responsible for management of the property, except
10 that, subject to the restrictions contained in chapter
11 455B, the authority shall not be required to obtain
12 the prior permission of the natural resource
13 commission when using private funds to establish land
14 or water recreational areas, and any property
15 purchased by the authority shall not be sold without
16 the prior notification and consent of the authority.
17 3. MISSOURI RIVER PRESERVATION AND LAND USE FUND.
18 A Missouri river preservation and land use fund is
19 established in the office of treasurer of state, to be

20 administered by and subject to the use of the
21 authority for the purposes established in subsection
22 2. The Missouri authority may accept gifts, grants,
23 bequests, other moneys including but not limited to
24 state or federal moneys, and in-kind contributions for
25 deposit in the fund for the use of the authority to
26 carry out the authority's mission. Gifts, grants, and
27 bequests from public and private sources, state and
28 federal moneys, and other moneys received by the
29 authority shall be deposited in the fund and any
30 interest earned on the fund shall be credited to the
31 fund to be used for the purposes specified in
32 subsection 2. Notwithstanding section 8.33, any
33 unexpended or unencumbered moneys remaining in the
34 fund at the end of a fiscal year shall not revert, but
35 shall remain available for expenditure by the
36 authority in succeeding fiscal years.
37 Sec. 2. Section 456A.14, Code 2003, is amended to
38 read as follows:
39 456A.14 TEMPORARY APPOINTMENTS - PEACE OFFICER
40 STATUS.
41 The director may appoint temporary officers for a
42 period not to exceed six months and may adopt minimum
43 physical, educational, mental, and moral requirements
44 for the temporary officers. Chapter 80B does not
45 apply to the temporary officers. Temporary officers
46 have all the powers of peace officers in the
47 enforcement of this chapter and chapters 161D, 321G,
48 456B, 461A, 461B, 462A, 462B, 463B, 465C, 481A, 481B,
49 482, 483A, 484A, and 484B, and the trespass laws.
50 Sec. 3. Section 456A.24, subsection 12, Code 2003,

Page 4

1 is amended to read as follows:
2 12. Adopt rules authorizing officers and employees
3 of the department who are peace officers to issue
4 warning citations for violations of this chapter and
5 chapters 161D, 321G, 350, 456B, 457A, 461A through
6 461C, 462A, 462B, 463B, 464A, 465A through 465C, 481A,
7 481B, 482, 483A, 484A, and 484B.
8 Sec. 4. Section 461A.78, Code 2003, is amended to
9 read as follows:
10 461A.78 METHOD NOT EXCLUSIVE.
11 This division shall not be the exclusive method for
12 establishing a water recreational area and shall not
13 be construed to prohibit the establishment of public
14 recreational areas by the Missouri river preservation
15 and land use loess hills development and conservation
16 authority under chapter 463B 161D.
17 Sec. 5. Section 481A.1, unnumbered paragraph 1,
18 Code 2003, is amended to read as follows:

19 Words and phrases as used in this chapter and
20 chapters 161D, 350, 456A, 456B, 457A, 461A through
21 461C, 462A, 462B, 463B, 464A, 465A through 465C, 481B,
22 482, 483A, 484A, and 484B and such other chapters as
23 relate to the subject matter of these chapters shall
24 be construed as follows:
25 Sec. 6. Chapter 463B, Code 2003, is repealed."
26 2. By renumbering as necessary.

Boggess of Page offered the following amendment H-1022, to
amendment H-1020, filed by her and moved its adoption:

H-1022

1 Amend the amendment, H-1020, to House File 234 as
2 follows:
3 1. Page 3, line 47, by striking the figure
4 "161D,".
5 2. Page 4, line 5, by striking the figure
6 "161D,".
7 3. Page 4, line 20, by striking the figure
8 "161D,".

Amendment H-1022 was adopted.

On motion by Boggess of Page amendment H-1020, as amended,
was adopted.

Boggess of Page 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. 234)

The ayes were, 97:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt 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
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.R. Watts Wendt Whitaker
Whitead Wilderdyke Winckler Wise
Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 3:
De Boef Huseman Van Fossen, J.K.

 


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

HOUSE FILE 80 WITHDRAWN

Boggess of Page asked and received unanimous consent to
withdraw House File 80 from further consideration by the House.

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 234, 249 and 250.

On motion by Gipp of Winneshiek, the House was recessed at 9:23
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:01 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-five members present,
twenty-five absent.

INTRODUCTION OF BILLS

House File 411, by committee on natural resources, 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 placed on the calendar.

House File 412, by committee on natural resources, 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 placed on the calendar.

House File 413, by Mascher, a bill for an act creating a wetlands
program and providing penalties.

Read first time and referred to committee on natural resources.

House File 414, by Thomas, a bill for an act relating to employer
notification to employees of cancellation of group insurance, and
providing recovery for certain medical bills.

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

House File 415, by Mascher, a bill for an act defining infamous
crime as a class "A" felony for purposes of disqualifying a person from
registering to vote and voting and from being a candidate for certain
elective offices.

Read first time and referred to committee on state government.

House File 416, by Dix, a bill for an act providing for exceptions
to municipal tort liability for river rafting, canoeing, and kayaking.

Read first time and referred to committee on judiciary.


House File 417, by Mascher, a bill for an act relating to the
required number of hours of training necessary for approval as a
certified nurse aide.

Read first time and referred to committee on state government.

House File 418, by Foege, a bill for an act relating to the
collection and maintenance of obesity-related data by the Iowa
department of public health and participating elementary and
secondary schools.

Read first time and referred to committee on education.

House File 419, by Fallon and Hogg, a bill for an act requiring
that state agencies purchase Iowa agricultural commodities and food
derived from Iowa agricultural commodities.

Read first time and referred to committee on agriculture.

House File 420, by Hogg, a bill for an act relating to a business
health care tax credit for individual and corporate income tax
purposes and including a retroactive applicability date provision.

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

House File 421, by committee on natural resources, a bill for an
act relating to the registration of hunting outfitters or hunting guides
and providing a penalty.

Read first time and placed on the calendar.

CONSIDERATION OF BILLS
Regular Calendar

House File 265, a bill for an act relating to the withdrawal of
blood without a warrant from a person under arrest for an operating-
while-intoxicated offense when the arrest results from a traffic
accident resulting in death or personal injury reasonably likely to
cause death, was taken up for consideration.

Hogg of Linn asked and received unanimous consent to withdraw
amendments H-1023 and H-1024 filed by him on February 25, 2003.

Klemme of Plymouth offered amendment H-1030 filed by him and
Hogg of Linn as follows:

H-1030

1 Amend House File 265 as follows:
2 1. Page 1, by inserting after line 21, the
3 following:
4 "4. If the person from whom a specimen of blood is
5 to be withdrawn objects to the withdrawal, a breath or
6 urine sample may be taken under the following
7 circumstances:
8 a. If the person is capable of giving a specimen
9 of breath, and a direct breath testing instrument is
10 readily available, the withdrawal of a specimen of the
11 person's breath may be taken for chemical testing,
12 unless the peace officer has reasonable grounds to
13 believe that the person was under the influence of a
14 controlled substance, a drug other than alcohol, or a
15 combination of alcohol and another drug.
16 b. If the peace officer has reasonable grounds to
17 believe that the person was under the influence of a
18 controlled substance, a drug other than alcohol, or a
19 combination of alcohol and another drug, a urine
20 sample shall be collected in lieu of a blood sample,
21 if the person is capable of giving a urine sample and
22 the sample can be collected."

Klemme of Plymouth offered the following amendment H-1033, to
amendment H-1030, filed by him and Hogg of Linn from the floor and
moved its adoption:

H-1033

1 Amend the amendment, H-1030, to House File 265 as
2 follows:
3 1. Page 1, by inserting after line 1, the
4 following:
5 " . Page 1, line 3, by inserting before the
6 word "Notwithstanding" the following: "1."
7 . Page 1, line 13, by striking the figure "1."
8 and inserting the following: "a."
9 . Page 1, line 15, by striking the figure "2."
10 and inserting the following: "b."
11 . Page 1, line 18, by striking the figure "3."
12 and inserting the following: "c.""
13 2. Page 1, line 4, by striking the figure "4."
14 and inserting the following: "2."
15 3. By renumbering as necessary.


Amendment H-1033 was adopted.

On motion by Klemme of Plymouth amendment H-1030, as
amended, was adopted.

Klemme of Plymouth 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. 265)

The ayes were, 88:
Alons Arnold Baudler Bell
Boal Boddicker Boggess Bukta
Chambers Cohoon Connors Dandekar
Davitt Dennis Dix Dolecheck
Drake Eichhorn Elgin Freeman
Frevert Gaskill Gipp Granzow
Greiner Hahn Hansen Hanson
Heaton Heddens Hoffman Hogg
Horbach Huser Hutter Jacobs
Jenkins Jochum Jones Klemme
Kramer Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach McCarthy Mertz Miller
Murphy Myers Oldson Olson, D.
Olson, S. Osterhaus Paulsen Petersen
Quirk Raecker Rasmussen Rayhons
Reasoner Roberts Sands Schickel
Smith Stevens Struyk Swaim
Taylor, D. 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, 8:
Berry Fallon Ford Greimann
Hunter Mascher Shoultz Taylor, T.

 


Absent or not voting, 4:
Carroll De Boef Foege Huseman

 


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
File 265 and Senate Concurrent Resolution 3.

SPONSOR ADDED
(House File 190)

Murphy of Dubuque requests to be added as a sponsor of House
File 190.

SPONSORS ADDED
(House Joint Resolution 5)

Alons of Sioux, Arnold of Lucas, Baudler of Adair, Boal of Polk,
Boddicker of Cedar, Boggess of Page, Carroll of Poweshiek, Chambers
of O'Brien, Cohoon of Des Moines, Connors of Polk, De Boef of
Keokuk, Dennis of Black Hawk, Dix of Butler, Dolecheck of Ringgold
Drake of Pottawattamie, Eichhorn of Hamilton, Freeman of Buena
Vista, Gipp of Winneshiek, Granzow of Hardin, Greiner of
Washington, Hansen of Pottawattamie, Hanson of Benton, Heaton of
Henry, Hoffman of Crawford, Horbach of Tama, Huseman of
Cherokee, Jacobs of Polk, Jenkins of Black Hawk, Jones of Mills,
Klemme of Plymouth, Kramer of Polk, Kurtenbach of Story, Lalk of
Fayette, Lukan of Dubuque, Maddox of Polk, Manternach of Jones,
Mertz of Kossuth, S. Olson of Clinton, Paulsen of Linn, Quirk of
Chickasaw, Rasmussen of Buchanan, Rayhons of Hancock, Roberts of
Carroll, Sands of Louisa, Smith of Marshall, T. Taylor of Linn,
Thomas of Clayton, Tjepkes of Webster, Tymeson of Madison,
Upmeyer of Hancock, Van Engelenhoven of Marion, J.K. Van Fossen
of Scott, J.R. Van Fossen of Scott, Watts of Dallas, Whitead of
Woodbury and Wilderdyke of Harrison request to be added as
sponsors of House Joint Resolution 5.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on March 4,
2003. Had I been present, I would have voted "aye" on House Files
234, 249 and 250.

J.K. VAN FOSSEN of Scott


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\553 Ben and Betty Pickel, Mapleton - For celebrating their 50th wedding
anniversary.

2003\554 Lawrence Bartels, Schleswig- For celebrating his 85th birthday.

2003\555 Dorothy Davis, Anthon - For celebrating her 95th birthday.

2003\556 Frances Wiegel, Charter Oak - For celebrating her 80th birthday.

2003\557 Loren and Dorothy Stine, Dallas Center - For celebrating their 63rd
wedding anniversary.

2003\558 Raymond Fistler, Ackley - For celebrating his 80th birthday.

2003\559 Jeanette White, Iowa Falls - For celebrating her 80th birthday.

2003\560 Charles Birker, Vinton - For celebrating his 90th birthday.

2003\561 Berniece Duello, Vinton - For celebrating her 85th birthday.

2003\562 Marion Dykstra, Grinnell - For celebrating his 80th birthday.

2003\563 Lowell and Rosalie McClure, Grinnell - For celebrating their 55th
wedding anniversary.

2003\564 Paul and Mary Lewis, Beacon - For celebrating their 55th wedding
anniversary.

2003\565 Dale Ferns, Oskaloosa - For celebrating his 80th birthday.

2003\566 Gerald and Betty Thomas, Farnhamville - For celebrating their 50th
wedding anniversary.

2003\567 Doris and Dean Hoag, Manson - For celebrating their 50th wedding
anniversary.

2003\568 Chase Holmgaard, Ft. Dodge - For receiving 1st place in the 171 lb.
weight class in the Class 3-A Division of the 2003 State Wrestling
Tournament.

2003\569 Marvin and Kay Schoneman, Garner - For celebrating their 60th
wedding anniversary.

2003\570 Eldon Hagen, Klemme - For celebrating his 80th birthday.

2003\571 Ella Lembke, Rockwell - For celebrating her 90th birthday.

2003\572 T.J. Sebolt, Centerville - For receiving 1st place in the 103 lb. weight
class in the Class 2-A Division of the 2003 State Wrestling
Tournament.

2003\573 Justin Brown, Centerville - For receiving 1st place in the 112 lb.
weight class in the Class 2-A Division of the 2003 State Wrestling
Tournament.

2003\574 Grace Harrenstein, Grundy Center - For celebrating her 80th
birthday.

2003\575 Mr. and Mrs. Gerald Lee, Davenport - For celebrating their 50th
wedding anniversary.

2003\576 Gena Owens, DeWitt - For winning the Outstanding Teacher of the
Year Award.

2003\577 Ruby Denney, Sioux City - For celebrating her 87th birthday.

2003\578 John Mitchell, Carroll - For celebrating his 85th birthday.

2003\579 Colby Goetsch, Ankeny - For receiving 1st place in the 140 lb. weight
class in the Class 3-A Division of the 2003 State Wrestling
Tournament.

2003\580 Christopher "Topher" Ewing, Ankeny - For receiving 1st place in the
145 lb. weight class in the Class 3-A Division of the 2003 State
Wrestling Tournament.

2003\581 Jim Gebhart, Saylor Township - For being named the 2003 Athletic
Director of the Year.

2003\582 Jack and Eva Hoglan, Independence - For celebrating their 50th
wedding anniversary.

2003\583 Clarence and Nona Liebsch, Jesup - For celebrating their 60th
wedding anniversary.

2003\584 Vern Wermerskirchen, Gilbertville - For celebrating his 86th
birthday.

2003\585 Bernard and Margaret Schons, Waterloo - For celebrating their 65th
wedding anniversary.

2003\586 Millie Diehm, Waterloo - For celebrating her 80th birthday.

2003\587 Velma Hansen, Waterloo - For celebrating her 85th birthday.


2003\588 Euarda Lichty, Waterloo - For celebrating her 95th birthday.

2003\589 Hattie Christians, Sibley - For celebrating her 90th birthday.

2003\590 Wilbert and Melva Rusch, Hartley - For celebrating their 60th
wedding anniversary.

2003\591 Don and Darlene Lauder, Fairfield - For celebrating their 50th
wedding anniversary.

2003\592 Donald and Maxine Ledger, Fairfield - For celebrating their 50th
wedding anniversary.

2003\593 Lorence (Bill) and Iva Bolsinger, Guttenberg - For celebrating their
60th wedding anniversary.

2003\594 Norma Jean Brainard, Luana - For celebrating her 80th birthday.

2003\595 John and Jeanette Cannon, Dubuque - For celebrating their 52nd
wedding anniversary.

2003\596 Ray and Dorothy Hall, Dubuque - For celebrating their 61st
wedding anniversary.

2003\597 Leroy and Ida Mehlmann, Massena - For celebrating their 64th
wedding anniversary.

2003\598 Gayle R. Johnson, Atlantic - For celebrating her 90th birthday.

2003\599 Deb and Willma Clayton, Greenfield - For celebrating their 55th
wedding anniversary.

2003\600 Vina Smith-Mains, Casey - For celebrating her 80th birthday.

2003\601 Sadie Slauson, Des Moines - For celebrating her 80th birthday.

2003\602 Florence Hughes, Des Moines - For celebrating her 90th birthday.

2003\603 Everett and Bernice Johansen, Audubon - For celebrating their 65th
wedding anniversary.

2003\604 Loyd Hofer, Sumner - For celebrating his 80th birthday.

2003\605 Herman Lalk, Hawkeye - For celebrating his 80th birthday.

2003\606 Inga Evenson, West Union - For celebrating her 91st birthday.

2003\607 Hilda Kasemeier, Sumner - For celebrating her 90th birthday.

2003\608 Marie Halstead, West Union - For celebrating her 102nd birthday.

2003\609 Veryle Anderson, Eldorado - For celebrating her 90th birthday.

2003\610 Harlan and LaVerda Welzel, Eldorado - For celebrating their 60th
wedding anniversary.

2003\611 Frank and Ruth Boriskey, Marshalltown - For celebrating their 50th
wedding anniversary.

2003\612 Everett and Shirley Dexter, Marshalltown - For celebrating their
55th wedding anniversary.

2003\613 Gordon and Irene Finders, Marshalltown - For celebrating their 61st
wedding anniversary.

2003\614 Catherine Struble, Marshalltown - For celebrating her 82nd
birthday.

2003\615 Myrtle B. Thompson, Marshalltown - For celebrating her 80th
birthday.

2003\616 Carol Buckman, Davenport - For celebrating her 95th birthday.

2003\617 Wade Hammen, Rockwell City - For receiving 2nd place in the 189
lb. weight class in the Class 1-A Division of the 2003 State
Wrestling Tournament.

2003\618 Irene Walther, Readlyn - For celebrating her 85th birthday.

2003\619 Leslie Peters, Tripoli - For celebrating his 85th birthday.

2003\620 Amil Fisher, Charles City - For celebrating his 87th birthday.

2003\621 Kathryn Nath, Riceville - For celebrating her 90th birthday.

2003\622 Dorothy Manley, Milo - For celebrating her 80th birthday.

2003\623 Vern and Dottie Thomas, Dubuque - For celebrating their 50th
wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House Joint Resolution 6

State Government: Jacobs, Chair; Dennis, M. Gaskill, Greiner, Mascher, Petersen and
Rasmussen.

House Joint Resolution 7

State Government: Jacobs, Chair; Dennis, M. Gaskill, Greiner, Mascher, Petersen and
Rasmussen.

House Joint Resolution 8

Human Resources: Heaton, Chair; Carroll and H. Miller.

House File 302

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

House File 305

Local Government: Huser, Chair; Arnold and B. Hansen.

House File 306

Appropriations: Jacobs, Chair; Dandekar and Huseman.

House File 314

State Government: Raecker, Chair; Lykam and Rasmussen.

House File 326

Public Safety: Horbach, Chair; De Boef and McCarthy.

House File 346

State Government: Raecker, Chair; Lykam and Rasmussen.

House File 347

State Government: Raecker, Chair; Lykam and Rasmussen.

House File 350

Agriculture: Greiner, Chair; Dolecheck and Frevert.

House File 351

Commerce, Regulation and Labor: Sands, Chair; Hoffman and Quirk.

House File 352

Commerce, Regulation and Labor: Raecker, Chair; D. Taylor and Watts.

House File 353

Commerce, Regulation and Labor: Horbach, Chair; Manternach and Murphy.

House File 355

Human Resources: Heaton, Chair; Foege and Tymeson.

House File 356

Public Safety: Horbach, Chair; Boddicker and Hunter.


House File 358

Agriculture: Alons, Chair; Baudler and Kuhn.

House File 359

Human Resources: Watts, Chair; Roberts and Smith.

House File 368

Human Resources: Upmeyer, Chair; Boddicker and Smith.

House File 369

Human Resources: Heaton, Chair; Carroll and Heddens.

House File 370

Commerce, Regulation and Labor: Jacobs, Chair; Murphy and Sands.

House File 375

Human Resources: Roberts, Chair; Wendt and Wilderdyke.

House File 376

Agriculture: Mertz, Chair; Dolecheck and Rayhons.

House File 382

Human Resources: Heaton, Chair; Carroll and Smith.

House File 383

Human Resources: Heaton, Chair; Berry and Carroll.

House File 384

Human Resources: Heaton, Chair; Murphy and Tymeson.

House File 385

Public Safety: Alons, Chair; Hunter and Klemme.

House File 398

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

House File 403

Human Resources: Heaton, Chair; Carroll and Greimann.


House File 406

Human Resources: Heaton, Chair; Boddicker and Smith.

House File 408

State Government: Raecker, Chair; Lykam and Rasmussen.

House File 409

Human Resources: Heaton, Chair; Murphy and Upmeyer.

Senate File 172
(Committee of the Whole)

Education: Carroll, Chair; Berry, Boal, Bukta, Chambers, Cohoon, Dandekar, Dennis,
Dolecheck, Foege, B. Hansen, K. Kramer, Mascher, Paulsen, Raecker, Roberts,
Schickel, Stevens, Tjepkes, Tymeson, Wendt, Winckler and Wise.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 109

Human Resources: Boddicker, Chair; Heddens, Smith, Tymeson and Watts.

House Study Bill 150 Reassigned

Agriculture: Rayhons, Chair; Davitt and S. Olson.

House Study Bill 175 Reassigned

Agriculture: Rayhons, Chair; Davitt and S. Olson.

House Study Bill 226

Human Resources: Granzow, Chair; Greimann and Watts.

House Study Bill 227

Human Resources: Boddicker, Chair; Berry and Tymeson.

House Study Bill 228

Public Safety: Klemme, Chair; Hunter and Sands.

House Study Bill 230

Economic Growth: Lalk, Chair; Lukan and H. Miller.

House Study Bill 231

Commerce, Regulation and Labor: Horbach, Chair; Connors and Watts.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 232 Appropriations

Appropriating federal funds made available from federal block grants
and other federal grants, allocating portions of federal block grants,
and providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated.

H.S.B. 233 Human Resources

Relating to the regulation of elder family homes, elder group homes,
and assisted living programs, providing for appropriation of fees, and
providing penalties.

H.S.B. 234 State Government

Relating to elections and voter registration by providing for
nonpartisan election of township offices, allowing nomination
petitions to be signed on both sides of paper, removing the
requirement that judges' names be rotated on certain ballots,
removing certain authority to sign voter registration forms on behalf
of the registrant, relating to use of substitute precinct election
officials, relating to use of voting machine or paper ballots at certain
elections, modifying opening hours and closing hours of the polls at
certain elections, providing for destruction of certain ballots, relating
to the abstract of votes for county offices, providing for use of certain
voting machines at satellite absentee voting stations, relating to
observers present when ballots are counted, allowing absentee voting
at the commissioner's office for certain elections, and relating to
persons nominated for city office by write-in votes.

H.S.B. 235 Agriculture

Relating to soil conservation by providing for the acquisition of land
by soil and water conservation districts, and eliminating certain
reporting requirements.


H.S.B. 236 Agriculture

Providing for evidence of financial responsibility filed by commercial
pesticide applicators.

H.S.B. 237 Judiciary

Relating to the assessment of a correctional fee by a county or
municipality.

H.S.B. 238 Judiciary

Relating to payment of restitution to the state or a political
subdivision of the state in certain criminal offenses.

H.S.B. 239 Human Resources

Relating to the regulation of adult day services, providing for
appropriations and penalties, and providing a contingent 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

Committee Bill (Formerly House File 255), 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 required.

Recommended Do Pass March 3, 2003.

COMMITTEE ON COMMERCE REGULATION AND LABOR

Committee Bill (Formerly House Study Bill 31), relating to the definition and
authorized activities of a licensed real estate broker and making criminal penalties
applicable.


Fiscal Note is not required.

Recommended Amend and Do Pass March 4, 2003.

Committee Bill (Formerly House Study Bill 213), relating to dealership
agreements, and providing for the Act's applicability.

Fiscal Note is not required.

Recommended Do Pass March 4, 2003.

Committee Bill (Formerly House Study Bill 214), relating to contract choice-of-law
provisions referring to the uniform computer information transactions Act, and
relating matters.

Fiscal Note is not required.

Recommended Amend and Do Pass March 4, 2003.

COMMITTEE ON ECONOMIC GROWTH

Committee Bill (Formerly House Study Bill 180), relating to animal biotechnology
by creating an animal biotechnology commercialization fund, extending the time period
during which a life science enterprise may purchase agricultural land, making
appropriations, and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass March 4, 2003.

COMMITTEE ON EDUCATION

Senate File 172, a bill for an act relating to the establishment of a public charter
school pilot program and providing effective and applicability dates.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1034 March 3, 2003.

COMMITTEE ON HUMAN RESOURCES

Committee Bill (Formerly House File 190), relating to mandatory universal
newborn and infant hearing screening.

Fiscal Note is not required.

Recommended Amend and Do Pass March 4, 2003.

COMMITTEE ON JUDICIARY

Committee Bill (Formerly House File 151), creating an exception to the statutory
rule against perpetuities and making related changes.

Fiscal Note is not required.

Recommended Do Pass March 4, 2003.

COMMITTEE ON TRANSPORTATION

Senate File 97, a bill for an act relating to highway, aviation, motor vehicle
transportation and public transit, including regulation of junkyards along highways
and placement of political signs, elimination of the aviation hangar revolving loan
fund, applications for certificates of title by motor vehicle dealers, fees charged for
driver's licenses and nonoperator's identification cards and making an appropriation,
security interests in motor vehicles, charges financed in a motor vehicle retail
installment transaction, confidentiality of motor vehicle accident reports, requirements
for motor carrier safety rules, exemptions for certain motor vehicle operators from
motor carrier safety rules and hazardous materials transportation regulations, load
limits for vehicles transporting construction machinery, urban public transit funding,
and tariffs charged by motor carriers of household goods, and including effective and
retroactive applicability date provisions.

Fiscal Note is not required.

Recommended Do Pass March 4, 2003.

Pursuant to Rule 31.7, Senate File 97 was referred to the committee on
ways and means.

AMENDMENTS FILED

H-1034 S.F. 172 Committee on Education
H-1035 H.F. 342 Connors of Polk
Drake of Pottawattamie
Jones of Mills
Lykam of Scott

On motion by Gipp of Winneshiek the House adjourned at 1:40
p.m., until 8:45 a.m., Wednesday, March 5, 2003.


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