House Journal: Thursday, March 6, 2003
JOURNAL OF THE HOUSE
Fifty-third Calendar Day - Thirty-eighth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 6, 2003
The House met pursuant to adjournment at 8:45 a.m., Speaker
Rants in the chair.
Prior to convening John Busbee, currently performing at the
Ingersoll Dinner Theater, playing Tevya in the "Fiddler on the Roof"
production sang before the House in celebration of Cultural Arts Day.
He was introduced by Representative Oldson of Polk County.
Prayer was offered by Reverend Doug Peters, pastor of Walnut
Hills United Methodist Church, Urbandale. He was the guest of
Representative Watts of Dallas County.
The Journal of Wednesday, March 5, 2003 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Myers of Johnson on request of Mascher of Johnson; Quirk of Chickasaw on request
of T. Taylor of Linn.
INTRODUCTION OF BILLS
House File 468, by Granzow and Hogg, a bill for an act relating to
school improvement advisory committee recommendations for foreign
language instruction at the elementary school level.
Read first time and referred to committee on education.
House File 469, by Paulsen and Raecker , a bill for an act relating
to the state fleet administrator by providing for the purchase of
vehicles for use of the institutions of the board of regents, providing
for the sale of state-owned motor vehicles, and making an
appropriation.
Read first time and referred to committee on state government.
House File 470, by Davitt and Hogg, a bill for an act relating to
urban renewal plans, including the procedures for notification of and
consultation with affected taxing entities, agreement on
recommendations for certain modifications to a proposed plan, the
consequences of failing to reach agreement on certain
recommendations for modification of a proposed plan, and providing
an effective date.
Read first time and referred to committee on local government.
House File 471, by Boggess, a bill for an act relating to providing
financing to agricultural processors, providing for bonding authority,
and providing an appropriation.
Read first time and referred to committee on agriculture.
House File 472, by committee on appropriations, a bill for an act
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.
Read first time and placed on the appropriations calendar.
House File 473, by Murphy, a bill for an act creating a pension
advocate within the office of the treasurer of state.
Read first time and referred to committee on state government.
House File 474, by Alons, a bill for an act expanding the tuition
tax credit under the individual income tax to include tuition and
textbook expenses at an elementary or secondary school situated
outside of Iowa including a retroactive applicability date provision.
Read first time and referred to committee on education.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 5, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 215, a bill for an act eliminating certain public disclosure requirements
by state banks.
Also: That the Senate has on March 5, 2003, passed the following bill in which the
concurrence of the House was asked:
Senate File 134, a bill for an act relating to the various duties of the county
treasurer and providing an effective date.
Also: That the Senate has on March 5, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 180, a bill for an act relating to the procedures for handling abandoned
property and property presumed to be abandoned.
Also: That the Senate has on March 5, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 185, a bill for an act relating to criminal law and procedure, including
the criminal offenses of arson, communications by an arrested person, and harassment.
Also: That the Senate has on March 5, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 201, a bill for an act relating to a review of statistical information
compiled by the board of educational examiners from Praxis II examinations
administered to initial, provisional teaching license applicants.
MICHAEL E. MARSHALL, Secretary
RULES SUSPENDED
Gipp of Winneshiek asked and received unanimous consent to
suspend the rules for the immediate consideration of House File 306.
CONSIDERATION OF BILLS
Appropriations Calendar
House File 306, a bill for an act establishing a special breast
cancer awareness motor vehicle registration plate and appropriating
fees from such plates for breast cancer screening, was taken up for
consideration.
SENATE FILE 127 SUBSTITUTED FOR HOUSE FILE 306
Jacobs of Polk asked and received unanimous consent to substitute
Senate File 127 for House File 306.
Senate File 127, a bill for an act establishing a special breast
cancer awareness motor vehicle registration plate and appropriating
fees from such plates for breast cancer screening, was taken up for
consideration.
Jacobs 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?" (S.F. 127)
The ayes were, 95:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | 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 | Huser |
|
Hutter | Jacobs | Jenkins | Jochum |
|
Jones | Klemme | Kramer | Kuhn |
|
Kurtenbach | Lalk | Lensing | Lukan |
|
Lykam | Maddox | Manternach | Mascher |
|
McCarthy | Mertz | Miller | Murphy |
|
Oldson | Olson, D. | Olson, S. | Osterhaus |
|
Paulsen | Petersen | 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, 5:
|
Boggess | Horbach | Huseman | Myers |
|
Quirk |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Regular Calendar
House File 387, a bill for an act relating to mental health and
developmental disabilities by revising life safety requirements for
intermediate care facilities for persons with mental retardation,
expanding an exemption to health care licensing requirements for
certain residential programs that receive funding under a medical
assistance home and community-based services waiver and approval
from the department of human services, and revising membership
requirements for the mental health and developmental disabilities
commission, and providing an effective date, was taken up for
consideration.
Carroll of Poweshiek 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. 387)
The ayes were, 94:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | 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 | Huser |
|
Hutter | Jacobs | Jenkins | Jones |
|
Klemme | Kramer | Kuhn | Kurtenbach |
|
Lalk | Lensing | Lukan | Lykam |
|
Maddox | Manternach | Mascher | McCarthy |
|
Mertz | Miller | Murphy | Oldson |
|
Olson, D. | Olson, S. | Osterhaus | Paulsen |
|
Petersen | 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, 1:
Absent or not voting, 5:
|
Boggess | Horbach | Huseman | Myers |
|
Quirk | |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILES 184 and 306 WITHDRAWN
Jacobs of Polk asked and received unanimous consent to withdraw
House Files 184 and 306 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
File 387 and Senate File 127.
HOUSE FILE 200 WITHDRAWN
Carroll of Poweshiek asked and received unanimous consent to
withdraw House File 200 from further consideration by the House.
On motion by Gipp of Winneshiek, the House was recessed at 9:07
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 12:59 p.m., Speaker Rants in the chair.
INTRODUCTION OF BILLS
House File 475, by Paulsen, a bill for an act relating to the award
of damages in an action alleging medical malpractice.
Read first time and referred to committee on judiciary.
House File 476, by Hogg, a bill for an act relating to retroactive
applicability of modifications of child support orders.
Read first time and referred to committee on human resources.
House File 477, by Fallon, a bill for an act relating to the
provision of complementary and alternative health care diagnoses
and treatment by unlicensed persons, and making penalties
applicable.
Read first time and referred to committee on state government.
SENATE MESSAGES CONSIDERED
Senate File 134, by committee on local government, a bill for an
act relating to the various duties of the county treasurer and
providing an effective date.
Read first time and passed on file.
Senate File 180, by committee on commerce, a bill for an act
relating to the procedures for handling abandoned property and
property presumed to be abandoned.
Read first time and referred to committee on commerce
regulation and labor
Senate File 185, by committee on judiciary, a bill for an act
relating to criminal law and procedure, including the criminal
offenses of arson, communications by an arrested person, and
harassment.
Read first time and referred to committee on public safety.
Senate File 201, by committee on education, a bill for an act
relating to a review of statistical information compiled by the board of
educational examiners from Praxis II examinations administered to
initial, provisional teaching license applicants.
Read first time and referred to committee on education.
SPECIAL PRESENTATION TO HOUSE PAGES
Speaker Rants invited the House Pages to the Speaker's station for
a special presentation and thanked them for their service to the
House of Representatives.
Certificates of excellence for serving with honor and distinction as
a House Page during the First Regular Session of the Eightieth
General Assembly were presented to the following Pages by Speaker
Rants, Majority Leader Chuck Gipp of Winneshiek and
Representative Mascher of Johnson:
Justin Ehrecke John Pilkington
Tyler Goings Sarah Skoog
Megan Page Kelsey Veach
BILL SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing
that on March 5, 2003, he approved and transmitted to the Secretary
of Sate the following bill:
House File 66, an Act requiring motor vehicle operators to take certain precautions
when passing stationary utility maintenance or municipal maintenance vehicles and
making a penalty applicable.
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\631 Collin Nelson, McGregor - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2003\632 Jeff Bickel, McGregor - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2003\633 Laurence Martin, Marion - For celebrating his 80th birthday.
2003\634 Laurence and Marjory Martin, Marion - For celebrating their 55th
wedding anniversary.
2003\635 Colin Frescoln, Eldon - For receiving 2nd place in the 140 lb. weight
class in the Class 1-A Division of the 2003 State Wrestling
Tournament.
2003\636 Don and Darlene Fagen, Keota - For celebrating their 55th wedding
anniversary.
2003\637 Indianola High School Jazz 1, Indianola - For their performance at
the Iowa State Capitol.
2003\638 Indianola High School Thespian Society, Indianola - For their
performance at the Iowa State Capitol.
2003\639 Arlene and Elmer Dinkla, Casey - For celebrating their 61st
wedding anniversary.
2003\640 Evan Holt, Stratford - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
House File 251
Environmental Protection: Wilderdyke, Chair; D. Hanson and D. Olson.
House File 313
Transportation: Rasmussen, Chair; H. Miller and S. Olson
House File 372
Economic Growth: Granzow, Chair; D. Hanson and H. Miller.
House File 378
Commerce, Regulation and Labor: B. Hansen, Chair; Osterhaus and Sands.
House File 414
Commerce, Regulation and Labor: Hoffman, Chair; B. Hansen and T. Taylor.
House File 418
Education: Schickel, Chair; Foege and Paulsen.
House File 425
Education: Carroll, Chair; Roberts and Stevens.
House File 439
Education: Tymeson, Chair; Chambers and Wise.
House File 441
Commerce, Regulation and Labor: Horbach, Chair; B. Hansen and Osterhaus.
House File 442
Commerce, Regulation and Labor: B. Hansen, Chair; Ford and Horbach.
House File 444
Commerce, Regulation and Labor: B. Hansen, Chair; Hoffman and Petersen.
House File 447
Commerce, Regulation and Labor: Horbach, Chair; Petersen and Watts.
House File 461
Natural Resources: Boggess, Chair; Granzow and McCarthy.
House File 465
Education: Boal, Chair; Mascher and Paulsen.
House File 468
Education: K. Kramer, Chair; Dandekar and Dolecheck.
House File 474
Education: Tjepkes, Chair; Berry and B. Hansen.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 241
State Government: Greiner, Chair; Jochum and Watts.
House Study Bill 242
State Government: Greiner, Chair; Jones and Whitead.
House Study Bill 243
Ethics: Raecker, Chair; Bukta, Dennis, Huseman, Mascher and McCarthy.
House Study Bill 244
Environmental Protection: Klemme, Chair; Ford and Greiner.
House Study Bill 245
Public Safety: Baudler, Chair; McCarthy and Sands.
House Study Bill 246
Public Safety: Baudler, Chair; Chambers and McCarthy.
House Study Bill 247
State Government: Raecker, Chair; Lykam and Rasmussen.
House Study Bill 248
State Government: Elgin, Chair; Fallon, Hutter, Jochum, Oldson, Roberts and Watts.
House Study Bill 249
Agriculture: Alons, Chair; Lalk and Whitaker.
House Study Bill 250
Agriculture: Dolecheck, Chair; Rayhons and Struyk.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 251 Local Government
Relating to the procedure for reducing the number of members of a
city council from five to three in certain cities.
H.S.B. 252 Judiciary
Relating to real property, including acknowledgements of real
property conveyances and limitations on causes of action concerning
real property.
H.S.B. 253 Economic Growth
Creating workforce training and economic development funds for
community colleges, making related appropriations, and providing an
effective date.
H.S.B. 254 Economic Growth
Creating workforce training and economic development funds for
community colleges, creating a workforce training and economic
development levy, making related appropriations, and providing an
effective date.
H.S.B. 255 Economic Growth
Creating workforce training and economic development funds for
community colleges, increasing the excise tax on cigarettes, making
related appropriations, and providing effective dates.
H.S.B. 256 Judiciary
Relating to the prosecution of certain criminal offenses committed in
a city located in two or more counties.
H.S.B. 257 Judiciary
Requiring a valid driver's license for issuance or renewal of a motor
vehicle registration.
H.S.B. 258 Judiciary
Relating to agreements to arbitrate and providing remedies.
H.S.B. 259 Judiciary
Relating to the construction, size, location, and accessibility of storm
shelters located in mobile home parks or manufactured home
communities and the resolution of conflicting ordinances between a
county and city.
H.S.B. 260 Judiciary
Relating to the uniform athlete agents Act and providing penalties.
H.S.B. 261 Judiciary
To legalize the proceedings of the City Council of the City of
Urbandale relating to the approval of a partial exemption from
property taxation of actual value added to industrial real estate, and
providing for effective and applicability dates.
H.S.B. 262 Judiciary
Relating to landlords, tenants, and actions for forcible entry or
detention.
H.S.B. 263 Judiciary
Relating to electronic communication, providing for restrictions on
unsolicited advertisements via e-mail or facsimile, restrictions on
unauthorized access to or disruption of computer data and systems,
and providing penalties.
H.S.B. 264 Commerce, Regulation and Labor
Relating to exempt transactions of unauthorized insurers.
H.S.B. 265 Natural Resources
Relating to deer venison abandoned at certain establishments and
providing penalties.
H.S.B. 266 Commerce, Regulation and Labor
Relating to cemeteries and cemetery regulation; establishing
requirements for interment rights agreements, reporting, and
permits; establishing and appropriating fees; and providing
administration and enforcement procedures and penalties.
H.S.B. 267 Agriculture
Relating to biodiesel fuel, including biodiesel fuel tax credits and
providing an applicability date.
H.S.B. 268 Human Resources
Relating to certain health care provisions including authority for 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.
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 COMMERCE, REGULATION AND LABOR
Committee Bill (Formerly House Study Bill 50), increasing the surcharge for
certain dishonored negotiable instruments.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 2003.
COMMITTEE ON ECONOMIC GROWTH
Committee Bill (Formerly House Study Bill 60), relating to the shelter assistance
fund.
Fiscal Note is not required.
Recommended Do Pass March 6, 2003.
Committee Bill (Formerly House Study Bill 181), renaming the department of
economic development and the Iowa economic development board.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 2003.
COMMITTEE ON HUMAN RESOURCES
Committee Bill (Formerly House File 60), designating advanced registered nurse
practitioners as providers of health care services pursuant to managed care or prepaid
services contracts under the medical assistance program.
Fiscal Note is not required.
Recommended Do Pass March 6, 2003.
Committee Bill (Formerly House Study Bill 145), relating to programs and
services under the purview of the department of human services, and providing for
retroactive applicability and effective dates.
Fiscal Note is not required.
Recommended Do Pass March 6, 2003.
Committee Bill (Formerly House Study Bill 146), relating to family investment
program eligibility requirements involving motor vehicle equity and providing an
applicability provision.
Fiscal Note is not required.
Recommended Do Pass March 6, 2003.
Committee Bill (Formerly House Study Bill 168), relating to the authorization of
podiatrists to administer anesthesia.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 2003.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House File 131), relating to fraudulent use of a credit
card and providing a penalty.
Fiscal Note is required.
Recommended Amend and Do Pass March 6, 2003.
Committee Bill (Formerly House Study Bill 72), to prohibit unauthorized
computer access to operational or support data of a rural water district and providing a
penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 2003.
Committee Bill (Formerly House Study Bill 75), relating to appeals filed in child
in need of assistance proceedings.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 2003.
COMMITTEE ON STATE GOVERNMENT
Committee Bill (Formerly House Study Bill 192), providing for the reorganization
of certain state departments by establishing a department of administrative services,
making related changes, providing penalties, making appropriations, and providing an
effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 2003.
COMMITTEE ON TRANSPORTATION
Committee Bill (Formerly House File 222), relating to fees charged for special fire
fighter motor vehicle registration plates and making an appropriation.
Fiscal Note is not required.
Recommended Amend and Do Pass March 6, 2003.
AMENDMENT FILED
H-1037 H.F. 349 Kramer of Polk
On motion by Gipp of Winneshiek the House adjourned at 1:05
p.m., until 8:45 a.m., Friday, March 7, 2003.
© 2003 Cornell College and
League of Women Voters of Iowa
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