House Journal: Thursday, March 13, 2003
JOURNAL OF THE HOUSE
Sixtieth Calendar Day - Forty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 13, 2003
The House met pursuant to adjournment at 8:45 a.m., Speaker
Rants in the chair.
Prayer was offered by Reverend David Woolsey, pastor of St.
Thomas Lutheran Church, Panora. He was the guest of
Representative Baudler of Adair County.
The Journal of Wednesday, March 12, 2003 was approved.
INTRODUCTION OF BILLS
House File 534, by committee on state government, a bill for an
act 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.
Read first time and placed on the calendar.
House File 535, by Dandekar, a bill for an act relating to the
definition of small hydro facilities for purposes of public utility
regulation.
Read first time and referred to committee on commerce,
regulation and labor.
House File 536, by Foege, a bill for an act establishing an
independent living transition services program in the department of
human services for older children and young adults who have been
subject to court-ordered out-of-home placement.
Read first time and referred to committee on human resources.
House File 537, by Miller, a bill for an act relating to the
establishment of all-terrain vehicle recreational riding areas and
appropriating fees.
Read first time and referred to committee on transportation.
House File 538, by Wise, Huser, Quirk, and Mertz, a bill for an
act limiting the investment in banks by credit unions, and making
related changes.
Read first time and referred to committee on commerce,
regulation and labor.
House File 539, by Foege, a bill for an act to increase the tax
imposed on cigarettes and tobacco products.
Read first time and referred to committee on ways and means.
House File 540, by Petersen, a bill for an act relating to the
establishment of pilot projects for individual and group health
insurance.
Read first time and referred to committee on commerce,
regulation and labor.
House File 541, by committee on human resources, a bill for an
act relating to the fee and use of fee for a certificate of birth.
Read first time and placed on the calendar.
House File 542, by committee on public safety, a bill for an act
relating to the training of an individual who intends to become
certified as a law enforcement officer.
Read first time and placed on the calendar.
House File 543, by committee on commerce, regulation and labor,
a bill for an act relating to the provision of certain information for
insureds regarding external review of health care coverage decisions.
Read first time and placed on the calendar.
House File 544, by committee on economic growth, a bill for an
act relating to endow Iowa seed grants and endow Iowa tax credits
and including effective and retroactive applicability dates.
Read first time and referred to committee on ways and means.
House File 545, by committee on commerce, regulation and labor,
a bill for an act relating to the requirements for newspapers
designated for official publication purposes.
Read first time and placed on the calendar.
House File 546, by committee on economic growth, a bill for an
act creating a sales tax exemption for certain equipment sold for use
in a warehouse or distribution center.
Read first time and referred to committee on ways and means.
House File 547, by committee on agriculture, a bill for an act
providing for evidence of financial responsibility filed by commercial
pesticide applicators.
Read first time and placed on the calendar.
House File 548, by committee on public safety, a bill for an act
relating to tribal law enforcement officer training at the Iowa law
enforcement academy.
Read first time and placed on the calendar.
House File 549, by committee on education, a bill for an act
relating to the duties and operations of the department of education
and school boards.
Read first time and placed on the calendar.
House File 550, by committee on local government, a bill for an
act relating to proof of motor vehicle financial responsibility, and
providing effective and applicability dates.
Read first time and referred to committee on commerce,
regulation and labor.
House File 551, by committee on public safety, a bill for an act
providing for a fee for transporting an inmate for medical or dental
care.
Read first time and placed on the calendar.
House File 552, by committee on public safety, a bill for an act
prohibiting false compartments in vehicles for the purpose of
intentionally concealing or transporting contraband and providing for
penalties.
Read first time and placed on the calendar.
House File 553, by committee on local government, a bill for an
act relating to the procedure for reducing the number of members of a
city council from five to three in certain cities and providing an
effective date.
Read first time and placed on the calendar.
ADOPTION OF SENATE CONCURRENT RESOLUTION 1
Hansen of Pottawattamie called up for consideration Senate
Concurrent Resolution 1, a concurrent resolution relating to the
federal Medicare program and requesting assistance from the federal
government, and moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate Concurrent Resolution 1 be immediately messaged to the
Senate.
ADOPTION OF HOUSE RESOLUTION 29
Gipp of Winneshiek asked and received unanimous consent for the
immediate consideration of House Resolution 29, a resolution
urging the Commissioner of Insurance to solicit slaveholder insurance
policy records from the archives of Iowa-licensed insurance
companies. Ford of Polk moved its adoption.
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION
In celebration of "March Women's History Month", the Iowa
Commission on the Status of Women, the Iowa Department of
Education and the State Historical Society of Iowa sponsored a "Write
Women Back Into History" essay contest. Maddox of Polk and
Mascher of Johnson presented the following winners of the contest:
Sixth and Seventh Grade Category
First Place - Brittni Strouth, Sibley-Ocheyedan Middle School.
Second Place - Kathryn M. Skilton, Nashua-Plainfield Middle
School.
Third Place - Rachel Nilles, LeMars Community Middle School.
Eighth and Ninth Grade Category
First Place - Caitlin Oponski, Indianola Middle School.
Second Place - Amy Williams, Indianola Middle School.
Third Place - Amy Xu, Fort Dodge Senior High School.
Best Essays on Women in Science and Engineering
Six and Seventh Grade Category
First Place - David Maffett, Parkview Middle School, Ankeny.
Second Place - Dianna Krejsa, Indianola Middle School.
Eighth and Ninth Grade Category
First Place - Desmond Strooh, Central Academy, Des Moines.
Second Place - Tabby Pauly, Wilson Junior High School, Council
Bluffs.
Edith Rose Murphy Sackett Award for the
Best Essay on a Woman Volunteer
Caitlin Hillyard, Central Academy, Des Moines.
April Sauls, Central Academy, Des Moines.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 13, 2003, adopted the following resolution in which the concurrence of the House
is asked:
Senate Concurrent Resolution 9, a concurrent resolution designating March 2003 as
Iowa Women's History Month.
MICHAEL E. MARSHALL, Secretary
HOUSE FILE 469 REREFERRED
The Speaker announced that House File 469, previously referred
to committee on state government was rereferred to committee on
government oversight.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 12, 2003, he approved and transmitted to the Secretary of
State the following bills:
House File 215, an Act eliminating certain public disclosure requirements by state
banks.
Senate File 127, an Act establishing a special breast cancer awareness motor
vehicle registration plate and appropriating fees from such plates for breast cancer
screening.
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\744 Brittni Strouth, Sibley-Ocheyedan Middle School - For receiving 1st
place in the 6-7th grade category in the "Write Women Back Into
History" Essay Contest.
2003\745 Jerry and JoAnn Sell, Ames - For celebrating their 50th wedding
anniversary.
2003\746 Vendola Petra, Ames - For celebrating her 82nd birthday.
2003\747 Helen Elliott, Ames - For celebrating her 80th birthday.
2003\748 Verna Webber, Ames - For celebrating her 100th birthday.
2003\749 George and Delores Leonard, Holstein - For celebrating their 50th
wedding anniversary.
2003\750 Corrine Schmidt, Holstein - For celebrating her 90th birthday.
2003\751 Lila and Gene Champion, Denison - For celebrating their 50th
wedding anniversary.
2003\752 LaVerne Slechta, Denison - For celebrating her 90th birthday.
2003\753 Orville and Marie Riessen, Charter Oak - For celebrating their 60th
wedding anniversary.
2003\754 Josh Gorezynski, LeMars - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2003\755 Jason Letsche, Remsen - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2003\756 Bobby Roe, Washington - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2003\757 Mike Tweeton, Washignton - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2003\758 Tony Calddwell, Washington - For attaining the rank of Eagle
Scout, the highest award in the Boy Scouts of America.
2003\759 LuVerne Vogt, Davenport - For celebrating her 90th birthday.
2003\760 Ruth Viola Mantz, Ogden - For celebrating her 87th birthday.
2003\761 Ross Bergloff Hammarstedt, Ogden - For celebrating his 92nd
birthday.
2003\762 Neva McCoy, Boone - For celebrating her 90th birthday.
2003\763 Lois Fern Doran, Boone - For celebrating her 91st birthday.
2003\764 Bertha Elizabeth Schmidt, Boone - For celebrating her 83rd
birthday.
2003\765 Harold Robert Farley, Boone - For celebrating his 81st birthday.
2003\766 Lucille Sterner, Boone - For celebrating her 80th birthday.
2003\767 Gwendolyn Luella Daffy, Boone - For celebrating her 92nd birthday.
2003\768 Anthony Grasso, Boone - For celebrating his 84th birthday.
2003\769 Pearl McCambridge, Boone - For celebrating her 88th birthday.
SUBCOMMITTEE ASSIGNMENT
Senate File 102
State Government: J. Drake, Chair; Connors, Elgin, Jones and Lykam.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 288
Human Resources: Boddicker, Chair; Heaton and Smith.
House Study Bill 289
Economic Growth: S. Olson, Chair; Lalk and Struyk.
House Study Bill 290
Economic Growth: S. Olson, Chair; Lensing and Wilderdyke.
House Study Bill 291
Human Resources: Granzow, Chair; Boddicker and Smith.
House Study Bill 292
Human Resources: Carroll, Chair; Heaton and Smith.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 294 Agriculture
Relating to the regulation of motor vehicle fuel, providing for
penalties, providing for a compliance fund, and providing for an
appropriation.
H.S.B. 295 Economic Growth
Allocating moneys in the community attraction and tourism fund to
the Iowa Lewis and Clark bicentennial fund 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 ADMINISTRATION AND RULES
Senate Concurrent Resolution 2, a concurrent resolution relating to the
compensation of chaplains, officers, and employees of the eightieth general assembly.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1051 March 13, 2003.
Committee Bill (Formerly House Study Bill 240), relating to legislative branch
consolidation of functions by combining the legislative service bureau, legislative fiscal
bureau, and legislative computer support bureau into a single central legislative staff
agency, providing for legislative publications procedures, modifying the sales tax
exemption for items sold or services provided by the new agency, including related
matters, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 2003.
COMMITTEE ON COMMERCE, REGULATION AND LABOR
Committee Bill (Formerly House File 192), prohibiting a cancellation penalty
upon cancellation of a purchase agreement for cemetery merchandise, funeral
merchandise, and funeral services.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House File 444), relating to notice of rate increases for
health insurance coverage and short-term renewability of coverage.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 196), relating to insurance, including
various filing and information privacy requirements throughout the insurance code,
calculation of assessments by the Iowa individual health benefit reinsurance
association, payment of certain insurance fees, certain self-funded insurance plans by
school corporations or political subdivisions, designation of the commissioner of
insurance as process agent for various entities conducting insurance business in this
state, notification provisions relating to the effective date of cancellation of insurance,
beneficial stock ownership filings, funding agreements, creating an insurable interest
in active or retired employee lives for the benefit of an employer, providing for an
interstate insurance product regulation compact, and providing for retroactive
applicability and an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 266), 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.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 276), relating to property insurance,
including establishment of a mandatory plan to assure fair access to insurance
requirements, and providing for an effective date and retroactive applicability.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 293), providing an annual fee for
credit unions that acquire banks.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 2003.
COMMITTEE ON EDUCATION
Committee Bill (Formerly House File 262), relating to property tax relief and
school infrastructure purposes by increasing the state sales and use taxes and
distributing certain state sales and use tax revenues to school districts for property tax
relief or school infrastructure purposes if approved by a vote of the electorate,
providing a penalty, and including an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House File 335), relating to state and local funding for
the costs of providing educational services to children residing in psychiatric medical
institutions for children and mental health institutes operated by the state, and
providing effective date and retroactive applicability provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 274), providing for a waiver of
deadline requirements relating to whole-grade sharing agreements in specified school
districts, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 275), relating to designation by a
county of a property of historical significance, placing a moratorium on activities that
imperil the property, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Committee Bill (Formerly House File 83), relating to the number of controlled
burns of demolished buildings conducted by certain cities.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House File 251), relating to solid waste commissioners
and providing a penalty.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House File 140), relating to maintaining a magistrate
court in a city other than the county seat.
Fiscal Note is not required.
Recommended Do Pass March 13, 2003.
Committee Bill (Formerly House File 416), providing for exceptions to municipal
tort liability for river rafting, canoeing, and kayaking.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House File 427), relating to product liability actions.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House File 475), relating to the award of damages in
an action alleging medical malpractice.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 26), eliminating the limitation on the
reduction in damages awarded to plaintiffs who fail to wear a safety belt or safety
harness.
Fiscal Note is required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 27), relating to recovery of
prejudgment interest in relation to an offer to confess judgment.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 74), making changes to the
procedures related to reorganizing judicial districts and judicial election districts.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 78), relating to the clerk of the district
court by changing the method of appointment and removal, by permitting a clerk to
serve in more than one county, and by eliminating certain residency requirements.
Fiscal Note is required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 132), relating to nonprofit
corporations and providing penalties and effective and applicability dates.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 157), 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.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 177), relating to criminal sentencing
by permitting a conditional discharge, reclassifying certain felonies, and reopening a
sentence that requires a maximum accumulation of earned time credits of fifteen
percent of the total term of confinement, and providing penalties.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
Committee Bill (Formerly House Study Bill 237), relating to the assessment of a
correctional fee by a county or municipality.
Fiscal Note is required.
Recommended Amend and Do Pass March 13, 2003.
Committee Bill (Formerly House Study Bill 261), 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.
Fiscal Note is not required.
Recommended Do Pass March 12, 2003.
COMMITTEE ON PUBLIC SAFETY
Committee Bill (Formerly House Study Bill 245), relating to tobacco retailers and
providing penalties and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 2003.
Committee Bill (Formerly House Study Bill 246), relating to the statutory
responsibilities of the department of public defense, emergency management division,
by modifying the responsibilities of the emergency management division regarding
urban search and rescue, incident command system training, and enhanced 911 service
administration, and modifying enhanced 911 surcharges.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 2003.
Committee Bill (Formerly House Study Bill 273), relating to ephedrine, and
making pseudoephedrine a controlled substance, and making penalties applicable.
Fiscal Note is not required.
Recommended Amend and Do Pass March 13, 2003.
COMMITTEE ON STATE GOVERNMENT
House File 169, a bill for an act relating to the establishment of a bona fide
retirement under the Iowa public employees' retirement system.
Fiscal Note is not required.
Recommended Do Pass March 13, 2003.
House File 402, 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.
Fiscal Note is not required.
Recommended Do Pass March 11, 2003.
House File 496, a bill for an act relating to the regulation of pharmacy benefit
managers and making appropriations.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1053 March 13, 2003.
Pursuant to Rule 31.7, House File 496 was referred to the committee on
appropriations.
Committee Bill (Formerly House Study Bill 131), requiring state and local
government official reports to include certain financial information.
Fiscal Note is not required.
Recommended Amend and Do Pass March 11, 2003.
Committee Bill (Formerly House Study Bill 242), relating to the consolidation of
the management of state archives and records and making conforming changes.
Fiscal Note is not required.
Recommended Do Pass March 13, 2003.
COMMITTEE ON TRANSPORTATION
Committee Bill (Formerly House File 23), relating to registration with the United
States selective service system by application for a driver's license or nonoperator's
identification card or for renewal of a driver's license or nonoperator's identification
card.
Fiscal Note is not required.
Recommended Amend and Do Pass March 12, 2003.
RESOLUTION FILED
SCR 9, by Ragan and Kramer, a concurrent resolution designating
March 2003 as Iowa Women's History Month.
Laid over under Rule 25.
AMENDMENTS FILED
H-1051 S.C.R. 2 Committee on Administration and
Rules
H-1052 H.F. 453 Jenkins of Black Hawk
H-1053 H.F. 496 Committee on State Government
On motion by Gipp of Winneshiek the House adjourned at 9:08
a.m., until 8:45 a.m., Friday, March 14, 2003.
© 2003 Cornell College and
League of Women Voters of Iowa
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