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House Journal: Wednesday, March 26, 2003

JOURNAL OF THE HOUSE

Seventy-third Calendar Day - Fifty-second Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 26, 2003

The House met pursuant to adjournment at 8:45 a.m., Speaker
Rants in the chair.

Prayer was offered by Reverend Mark C. Urlaub, pastor of
Bethlehem Evangelical Lutheran Church, Vinton. He was the guest
of Representative Dell Hanson of Benton County.

The Journal of Tuesday, March 25, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Speaker Rants.

INTRODUCTION OF BILLS

House File 659, by Gipp and Myers, a bill for an act relating to
ownership of alternate energy production facilities by public utilities,
making related changes, and providing an effective date.

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

House File 660, by committee on government oversight, a bill for
an act relating to government efficiency by providing for the
establishment of common state services regional boundaries, a report
concerning the consolidation of community college administrative
services, and providing an effective date.

Read first time and placed on the calendar.

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 25, 2003, passed the following bill in which the concurrence of the Senate was
asked:

House File 504, a bill for an act relating to fraudulent use of a credit card, scanning
device, or reencoder, and providing a penalty.

Also: That the Senate has on March 25, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 359, a bill for an act relating to landlords, tenants, and actions for
forcible entry or detention.

Also: That the Senate has on March 25, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 396, a bill for an act providing for the animal unit capacity of pullets for
purposes of regulation under the animal agriculture compliance Act.

Also: That the Senate has on March 25, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 402, a bill for an act relating to the admissibility of prior criminal
offenses into evidence in the prosecution of certain sexual offenses.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGES CONSIDERED

Senate File 386, by committee on education, a bill for an act
requiring the insurance division of the department of commerce to
establish a school health insurance reform team study and to make
recommendations to the general assembly.

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

Senate File 416, by committee on human resources, a bill for an
act relating to an emergency shelter and support services
demonstration project relating to dependent adults.

Read first time and referred to committee on human resources.

Senate File 425, by committee on appropriations, a bill for an act
relating to and making appropriations involving state government,
including provisions affecting agriculture and natural resources.

Read first time and referred to committee on appropriations.

On motion by Gipp of Winneshiek, the House was recessed at 8:56
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:00 p.m., Speaker Rants in the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Boddicker of Cedar and Huseman of Cherokee, on request of Gipp of Winneshiek.

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 26, 2003, adopted the following resolution in which the concurrence of the
Senate was asked:

House Joint Resolution 3, a joint resolution proposing an amendment to the
Constitution of the State of Iowa relating to the qualification of electors.
Also: That the Senate has on March 26, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 371, a bill for an act relating to formatting standards for recording
documents or instruments by a county recorder, specifying a recording fee for certain
documents or instruments, and providing an effective date.

Also: That the Senate has on March 26, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 375, a bill for an act relating to enforcement enhancements relative to
certain tobacco product manufacturers, providing appropriations and penalties, and
providing effective dates.

Also: That the Senate has on March 26, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 397, a bill for an act relating to the issuance of free hunting licenses for
antlerless deer, providing for the disposition of harvested deer meat to public
institutions, and providing a penalty.

MICHAEL E. MARSHALL, Secretary


SENATE MESSAGES CONSIDERED

Senate File 359, by committee on judiciary, a bill for an act
relating to landlords, tenants, and actions for forcible entry or
detention.

Read first time and referred to committee on judiciary.

Senate File 396, by committee on agriculture, a bill for an act
providing for the animal unit capacity of pullets for purposes of
regulation under the animal agriculture compliance Act.

Read first time and referred to committee on agriculture.

Senate File 397, by committee on natural resources and
environment, a bill for an act relating to the issuance of hunting
licenses for anterless deer, providing for the disposition of harvested
deer meat to public institutions, requiring a report, and providing a
penalty.

Read first time and referred to committee on natural resources.

Senate File 402, by committee on judiciary, a bill for an act
relating to the admissibility of prior criminal offenses into evidence in
the prosecution of certain sexual offenses.

Read first time and referred to committee on judiciary.

CONSIDERATION OF BILLS
Appropriations Calendar

House File 656, a bill for an act relating to fees charged for
special fire fighter motor vehicle registration plates, was taken up for
consideration.

Osterhaus of Jackson offered the following amendment H-1141
filed by Osterhaus, et al., and moved its adoption:

H-1141

1 Amend House File 656 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. NEW SECTION. 100B.12 PAUL RYAN
5 MEMORIAL FIRE FIGHTER SAFETY TRAINING FUND.
6 A Paul Ryan memorial fire fighter safety training
7 fund is created in the state treasury under the

8 control of the department of public safety. The fund
9 shall consist of fees transferred by the treasurer of
10 state from the sale of special fire fighter license
11 plates pursuant to section 321.34, subsection 10.
12 Moneys in the fund shall be used exclusively by the
13 fire service training bureau to offset fire fighter

14 training costs. Notwithstanding section 8.33, moneys
15 in the fund shall not revert to the general fund of
16 the state at the end of the fiscal year, but shall
17 remain available for expenditure by the fire service
18 training bureau for fire fighter training in future
19 fiscal years."
20 2. By striking page 1, line 32, through page 2,
21 line 3, and inserting the following: "revenues to the
22 Paul Ryan memorial fire fighter safety training fund
23 created pursuant to section 100B.12 the amount of the
24 special fees collected in the previous month for the
25 fire fighter plates."
26 3. By renumbering as necessary.

Amendment H-1141 was adopted.

Alons of Sioux 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. 656)

The ayes were, 96:
Alons Arnold Baudler Bell
Boal 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 Huser
Hutter Jacobs Jenkins Jochum
Jones Klemme Kramer Kuhn
Kurtenbach Lalk Lensing Lukan
Lykam 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, 4:
Berry Boddicker Huseman Maddox

 


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

HOUSE FILES 222 and 497 WITHDRAWN

Alons of Sioux asked and received unanimous consent to withdraw
House Files 222 and 497 from further consideration by the House.

Regular Calendar

House File 235, a bill for an act relating to the various duties of
the county treasurer, was taken up for consideration.

Carroll of Poweshiek offered amendment H-1029 filed by him as
follows:

H-1029

1 Amend House File 235 as follows:
2 1. Page 2, by striking lines 6 through 8 and
3 inserting the following: "midnight on the last day of
4 the registration year. a person shall not be
5 penalized for driving a motor vehicle with an expired
6 registration for a period of one month following the
7 expiration date of the vehicle registration. The one-
8 month period shall be the same as the period defined
9 in section 321.134, subsection 1."
10 2. Page 5, by inserting after line 10, the
11 following:
12 "Sec. 100. NEW SECTION. 435.26a SURRENDER OF
13 TITLE.
14 1. A person who owns a manufactured home that is
15 located in a manufactured home community and is
16 installed on a permanent foundation may surrender the
17 manufactured home's certificate of title to the county
18 treasurer for the purpose of assuring eligibility for
19 funds available from mortgage lending programs
20 sponsored by the federal national mortgage
21 association, the federal home loan mortgage
22 corporation, the United States department of
23 agriculture, or any other federal governmental agency

24 or instrumentality that has similar requirements for
25 mortgage lending programs.
26 2. Upon receipt of a certificate of title from a
27 manufactured home owner, a county treasurer shall
28 notify the department of transportation that the
29 certificate of title has been surrendered, remove the
30 registration of title from the county treasurer's
31 records, and destroy the record of title.
32 3. After the surrender of a manufactured home's
33 certificate of title under this section, the
34 manufactured home shall continue to be taxed under
35 section 435.22 and is not eligible for the homestead
36 tax credit or the military service tax exemption. A
37 foreclosure action on a manufactured home whose title
38 has been surrendered under this section shall be
39 conducted as a real estate foreclosure. a tax lien
40 and its priority shall remain the same on a
41 manufactured home after its certificate of title has
42 been surrendered.
43 4. The certificate of title of a manufactured home
44 shall not be surrendered under this section if an
45 unreleased security interest is noted on the
46 certificate of title.
47 5. An owner of a manufactured home who has
48 surrendered a certificate of title under this section
49 and requires another certificate of title for the
50 manufactured home is required to apply for a bonded

Page 2

1 certificate of title under chapter 321."
2 3. Page 5, by inserting after line 18, the
3 following:
4 "Sec. . EFFECTIVE DATE. Section 100 of this
5 Act, being deemed of immediate importance, takes
6 effect upon enactment."
7 4. Title page, line 1, by inserting after the
8 word "treasurer" the following: "and providing an
9 effective date".
10 5. By renumbering as necessary.

Carroll of Poweshiek offered the following amendment H-1031, to
amendment H-1029, filed by him and moved its adoption:

H-1031

1 Amend the amendment, H-1029, to House File 235 as
2 follows:
3 1. Page 1, line 5, by striking the words
4 "penalized for" and inserting the following:
5 "considered to be".
6 2. Page 1, line 31, by striking the word "record"
7 and inserting the following: "certificate".

Amendment H-1031 was adopted.

On motion by Carroll of Poweshiek amendment H-1029, as
amended, was adopted.

SENATE FILE 134 SUBSTITUTED FOR HOUSE FILE 235

Tjepkes of Webster asked and received unanimous consent to
substitute Senate File 134 for House File 235.

Senate File 134, a bill for an act relating to the various duties of
the county treasurer and providing an effective date, was taken up for
consideration.

Tjepkes of Webster 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. 134)

The ayes were, 95:
Alons Arnold Baudler Bell
Boal 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 Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
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, 5:
Berry Boddicker Huseman Huser
Maddox

 


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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Huser of Polk on request of T. Taylor of Linn.

HOUSE FILE 235 WITHDRAWN

Tjepkes of Webster asked and received unanimous consent to
withdraw House File 235 from further consideration by the House.

House File 556, a bill for an act relating to the exclusion of
certain nonprofit transitional housing and public housing from
certain landlord and tenant disputes, was taken up for consideration.

Paulsen of Linn offered amendment H-1145 filed by Paulsen and
Struyk of Pottawattamie as follows:

H-1145

1 Amend House File 556 as follows:
2 1. Page 1, line 7, by inserting after the word
3 "persons." the following: "a person who unlawfully
4 remains on the premises of such housing may be subject
5 to criminal trespass penalties pursuant to section
6 716.8."

Hogg of Linn offered the following amendment H-1152, to
amendment H-1145, filed by him and moved its adoption:

H-1152

1 Amend the amendment, H-1145, to House File 556 as
2 follows:
3 1. Page 1, by striking line 3 and inserting the
4 following: ""persons." the following: "Absent an

5 applicable provision in a lease, contract, or other
6 agreement, a person who unlawfully".

Amendment H-1152 was adopted.

On motion by Paulsen of Linn, amendment H-1145, as amended,
was adopted.

Paulsen of Linn 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. 556)

The ayes were, 96:
Alons Arnold Baudler Bell
Boal 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 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, 4:
Berry Boddicker Huseman Huser

 



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

HOUSE FILE 120 WITHDRAWN

Paulsen of Linn asked and received unanimous consent to
withdraw House File 120 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 556, 656 and Senate File 134.

House File 560, a bill for an act relating to medical assistance
home and community-based services waivers, was taken up for
consideration.

Heaton of Henry offered the following amendment H-1125 filed by
him and moved its adoption:

H-1125

1 Amend House File 560 as follows:
2 1. Page 1, line 6, by inserting after the word
3 "services." the following: "The county of legal
4 settlement shall pay for the nonfederal share of the
5 cost of services provided under the waiver and the
6 state shall pay for the nonfederal share of such costs
7 if the person does not have a county of legal
8 settlement."

Amendment H-1125 was adopted.

Heaton of Henry 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. 560)

The ayes were, 96:
Alons Arnold Baudler Bell
Boal 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 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, 4:
Berry Boddicker Huseman Huser

 


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

HOUSE FILE 383 WITHDRAWN

Heaton of Henry asked and received unanimous consent to
withdraw House File 383 from further consideration by the House.

Unfinished Business Calendar

House File 637, a bill for an act relating to tobacco retailers and
providing penalties and providing applicability provisions and an
effective date, was taken up for consideration.

McCarthy of Polk offered the following amendment H-1153 filed by
him and moved its adoption:


H-1153

1 Amend House File 637 as follows:
2 1. Page 2, by striking lines 16 and 17, and
3 inserting the following: "department or local
4 authority, or the Iowa department of public health
5 following transfer of the matter to the Iowa
6 department of public health pursuant to section
7 453A.2, subsection 5A , in addition to the other
8 penalties fixed for such".
9 2. Page 3, line 33, by inserting after the word
10 "program" the following: "which is approximately one
11 hour in length as".

Amendment H-1153 was adopted.

SENATE FILE 401 SUBSTITUTED FOR HOUSE FILE 637

McCarthy of Polk asked and received unanimous consent to
substitute Senate File 401 for House File 637.

Senate File 401, a bill for an act relating to tobacco retailers and
providing penalties and providing applicability provisions and an
effective date, was taken up for consideration.

McCarthy 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. 401)

The ayes were, 96:
Alons Arnold Baudler Bell
Boal 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 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, 4:
Berry Boddicker Huseman Huser

 


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

HOUSE FILE 637 WITHDRAWN

McCarthy of Polk asked and received unanimous consent to
withdraw House File 637 from further consideration by the House.

Regular Calendar

House File 593, a bill for an act 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, was taken up for
consideration.

Gaskill of Wapello offered the following amendment H-1149 filed
by Gaskill et al., and moved its adoption:

H-1149

1 Amend House File 593 as follows:
2 1. By striking page 3, line 34 through page 4,
3 line 17.
4 2. Title page, line 9, by striking the words "and
5 closing hours".
6 3. By renumbering as necessary.

Amendment H-1149 was adopted.

Jacobs of Polk offered the following amendment H-1076 filed by
her and moved its adoption:

H-1076

1 Amend House File 593 as follows:
2 1. Title page, by striking lines 5 and 6, and
3 inserting the following: "certain ballots, relating
4 to".

Amendment H-1076 was adopted.

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?" (H.F. 593)

The ayes were, 96:
Alons Arnold Baudler Bell
Boal 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 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, 4:
Berry Boddicker Huseman Huser

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, 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 560, 593 and Senate File 401.

House File 616, a bill for an act prohibiting a cancellation penalty
upon cancellation of a purchase agreement for cemetery merchandise,
funeral merchandise, and funeral services, was taken up for
consideration.

Hoffman of Crawford 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. 616)

The ayes were, 95:
Alons Arnold Baudler Bell
Boal 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 Hutter
Jacobs Jenkins Jochum Jones
Klemme 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, 5:
Berry Boddicker Huseman Huser
Kramer

 


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

HOUSE FILE 192 WITHDRAWN

Hoffman of Crawford asked and received unanimous consent to
withdraw House File 192 from further consideration by the House.

House File 650, a bill for an act relating to the assessment of a
correctional fee by a county or municipality, and to the prosecution of
certain criminal offenses committed in a municipality located in two
or more counties, was taken up for consideration.

Hutter 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. 650)

The ayes were, 95:
Alons Arnold Baudler Bell
Boal 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 Hutter
Jacobs Jenkins Jochum Jones
Klemme 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, 5:
Berry Boddicker Huseman Huser
Kramer

 


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

House File 648, a bill for an act relating to the consolidation of
the management of state archives and records and making
conforming changes, was taken up for consideration.

Greiner of Washington 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. 648)

The ayes were, 95:
Alons Arnold Baudler Bell
Boal 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 Hutter
Jacobs Jenkins Jochum Jones
Klemme 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, 5:
Berry Boddicker Huseman Huser
Kramer

 


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 616, 648 and 650.

House File 644, a bill for an act providing for manure application
requirements, providing for fees, making penalties applicable, and
providing an effective date, was taken up for consideration.

Alons of Sioux offered the following amendment H-1163 filed by
Alons and Whitaker of Van Buren and moved its adoption:

H-1163

1 Amend House File 644 as follows:
2 1. Page 1 by striking line 13, and inserting the

3 following:
4 "a. A manager of a commercial manure service.
5 As".
6 2. Page 1, line 14, by inserting after the word
7 "who" the following: "is actively involved in the
8 operation of a commercial manure service and".
9 3. Page 2, line 16, by inserting before the word
10 "license" the following: "commercial manure service".
11 4. Page 2, by striking lines 18 and 19, and
12 inserting the following: "commercial manure service
13 unless each manager".
14 5. Page 7, line 10, by inserting after the words
15 "shall be" the following: "adjusted annually by the
16 department".
17 6. Page 7, line 26, by striking the words "an
18 owner or manager" and inserting the following: "a
19 manager".
20 7. Page 7, line 27, by striking the figure
21 "459.318A" and inserting the following: "459.314A".
22 8. Page 7, line 29, by striking the words "an
23 owner or" and inserting the following: "a".
24 9. Page 8, line 7, by striking the word
25 "certification" and inserting the following: "a
26 commercial manure service license".
27 10. Page 8, line 9, by inserting after the words
28 "shall be" the following: "adjusted annually by the
29 department".
30 11. Page 8, by inserting after line 11, the
31 following:
32 "Sec. . Section 459.316, subsection 2, Code
33 2003, is amended to read as follows:
34 2. a. Except as provided in paragraph "b",
35 Compliance fees collected by the department shall be
36 deposited into the animal agriculture compliance fund
37 created in section 459.401.
38 a. Moneys Except as provided in paragraph "b",
39 moneys collected from all fees other than the annual
40 compliance fee shall be deposited into the compliance
41 fund's general account.
42 b. Moneys collected from the annual compliance fee
43 shall be deposited into the compliance fund's
44 assessment account. Moneys collected from commercial
45 manure service license fees and educational program
46 fees shall be deposited into the compliance fund's
47 educational program account.
48 b. Receipts that are required to be received by
49 the department from persons required to be certified
50 pursuant to section 459.315 may be used to compensate

Page 2

1 a person who teaches continuing instructional courses

2 in lieu of deposit into the compliance fund.
3 Sec. . Section 459.316, subsection 3, Code
4 2003, is amended to read as follows:
5 3. At the end of each fiscal year the department
6 shall determine the balance of unencumbered and
7 unobligated moneys in the assessment account and the
8 educational program account of the animal agriculture
9 compliance fund created pursuant to section 459.401.
10 a. If on that date June 30, the balance of
11 unencumbered and unobligated moneys in the assessment
12 account is one million dollars or more, the department
13 shall adjust the rate of the annual compliance fee for
14 the following fiscal year. The adjusted rate for the
15 annual compliance fee shall be based on the
16 department's estimate of the amount required to ensure
17 that at the end of the following fiscal year the
18 balance of unencumbered and unobligated moneys in the
19 assessment account is not one million dollars or more.
20 b. If on June 30, the balance of unencumbered and
21 unobligated moneys in the educational program account
22 is twenty-five thousand dollars or more, the
23 department shall adjust the rate of the commercial
24 manure service license fee and the educational program
25 fee for the following fiscal year. The adjusted rate
26 for the fees shall be based on the department's
27 estimate of the amount required to ensure that at the
28 end of the following fiscal year the balance of
29 unencumbered and unobligated moneys in the assessment
30 account is not twenty-five thousand dollars or more.
31 Sec. . Section 459.401, subsection 2,
32 unnumbered paragraph 1, Code 2003, is amended to read
33 as follows:
34 The compliance fund is composed of two three
35 accounts, the general account, and the assessment
36 account, and the educational program account."
37 12. Page 8, line 16, by striking the word "on"
38 and inserting the following: "or".
39 13. Page 8, line 17, by striking the word
40 "application" and inserting the following:
41 "applicators".
42 14. Page 8, line 17, by striking the figure
43 "459.315" and inserting the following: "459.316".
44 15. Page 8, by inserting after line 19, the
45 following:
46 "Sec. . Section 459.401, subsection 2, Code
47 2003, is amended by adding the following new
48 paragraph:
49 NEW PARAGRAPH. c. The educational program account
50 is composed of moneys collected from the commercial


Page 3

1 manure service license fee and the educational program
2 fee required pursuant to section 459.316.
3 Sec. . Section 459.401, subsection 5, Code
4 2003, is amended to read as follows:
5 5. Notwithstanding section 8.33, any unexpended
6 balance in an account of the compliance fund at the
7 end of the fiscal year shall be retained in the fund
8 that account. Notwithstanding section 12C.7,
9 subsection 2, interest, earnings on investments, or
10 time deposits of the moneys in an account of the
11 compliance fund shall be credited to the fund that
12 account."
13 16. Page 10, by striking lines 30 and 31 and
14 inserting the following:
15 "Sec. . PRIOR PAYMENT OF FEES.
16 1. a. A manager of a commercial manure service
17 that has paid a certification fee as provided in
18 section 459.315, Code 2003, on or after January 1,
19 2003, but before the effective date of this Act, shall
20 not be required to pay a fee for a commercial manure
21 service license pursuant to section 459.316 until
22 March 1, 2004.
23 b. A commercial manure service representative who
24 has paid a certification fee as provided in section
25 459.315, Code 2003, on or after January 1, 2003, but
26 before the effective date of this Act, shall not be
27 required to pay an educational program fee required
28 pursuant to section 459.316 until March 1, 2005.
29 2. The department may require that a person who is
30 excused from paying a commercial manure service
31 license fee or an educational program fee as provided
32 in this section provide documentation that the person
33 is excused from paying the fee when being issued a
34 license or becoming certified.
35 Sec. . DIRECTIVE TO CODE EDITOR. The Code
36 editor shall transfer section 459.316, as amended by
37 this Act, to a new section 459.400.
38 Sec. . EFFECTIVE DATES.
39 1. Except as provided in subsection 2, this Act,
40 being deemed of immediate importance, takes effect
41 upon enactment.
42 2. Section 459.314A, as enacted in this Act, takes
43 effect January 1, 2004."
44 17. Title page, lines 2 and 3, by striking the
45 words "an effective date" and inserting the following:
46 "effective dates".

Amendment H-1163 was adopted.


Alons of Sioux 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. 644)

The ayes were, 94:
Alons Arnold Baudler Bell
Boal 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 Hutter
Jacobs Jenkins Jochum Jones
Klemme Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach Mascher McCarthy Mertz
Miller Murphy Myers Oldson
Olson, D. Olson, S. Osterhaus Paulsen
Petersen Quirk 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, 6:
Berry Boddicker Huseman Huser
Kramer Raecker

 


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

IMMEDIATE MESSAGE

Gipp of Winneshiek asked and received unanimous consent that
House File 644 be immediately messaged to the Senate.


ADOPTION OF HOUSE MEMORIAL RESOLUTION 1

Schickel of Cerro Gordo offered the following House Memorial
Resolution 1 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 1

WHEREAS, The Honorable Roger A. Broers, of Cerro Gordo
County, Iowa, who was a member of the Seventy-ninth, Seventy-
ninth extra, and Seventy-ninth second extra general assemblies,
passed away September 30th, 2002; NOW THEREFORE,

BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES, That a committee of three be appointed by
the Speaker of the House to prepare suitable resolutions
commemorating his life, character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Schickel of Cerro Gordo, Kuhn of Floyd and Upmeyer of
Hancock.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 2

Baudler of Adair offered the following House Memorial Resolution
2 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 2

WHEREAS, The Honorable Helen Margaret Crabb, of Guthrie
County, Iowa, who was a member of the Fifty-third and Fifty-fourth
general assemblies, passed away August 15th, 2002; NOW
THEREFORE,

BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES, That a committee of three be appointed by
the Speaker of the House to prepare suitable resolutions
commemorating her life, character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Baudler of Adair, Watts of Dallas and D. Olson of Boone.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 3

Tjepkes of Webster offered the following House Memorial
Resolution 3 and moved its adoption:


HOUSE MEMORIAL RESOLUTION 3

WHEREAS, The Honorable Willard M. Freed, of Webster
County, Iowa, who was a member of the Fifty-sixth, Fifty-seventh,
Fifty-eighth, and Fifty-ninth general assemblies, passed away
February 6th, 2001; NOW THEREFORE,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
That a committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life, character
and service to the state.

The motion prevailed and the Speaker appointed as such
committee Tjepkes of Webster, Mertz of Kossuth and Eichhorn of
Hamilton.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 4

Chambers of O’Brien offered the following House Memorial
Resolution 5 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 4

WHEREAS, The Honorable Lester M. Freeman, of Dickinson
County, Iowa, who was a member of the Sixty-second and Sixty-
third general assemblies, passed away November 9th, 2002; NOW
THEREFORE,

BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES, That a committee of three be appointed by
the Speaker of the House to prepare suitable resolutions
commemorating his life, character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Chambers of O'Brien, Stevens of Dickinson and Freeman
of Buena Vista.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 5

Winckler of Scott offered the following House Memorial Resolution
5 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 5

WHEREAS, The Honorable Ronald J. Kinzer, of Scott County,
Iowa, who was a member of the Seventy-seventh general assembly,
passed away June 19th, 2002; NOW THEREFORE,


BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES,
That a committee of three be appointed by the Speaker of the House
to prepare suitable resolutions commemorating his life, character
and service to the state.

The motion prevailed and the Speaker appointed as such
committee Winckler of Scott, Lykam of Scott and J.K. Van Fossen of
Scott.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 6

Cohoon of Des Moines offered the following House Memorial
Resolution 6 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 6

WHEREAS, The Honorable Clyde L. Norrgard, of Des Moines
County, Iowa, who was a member of the Seventy-second, Seventy-
second extra, and Seventy-second second extra general assemblies,
passed away April 24th, 2002; NOW THEREFORE,

BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES, That a committee of three be appointed by
the Speaker of the House to prepare suitable resolutions
commemorating his life, character and service to the state.

The motion prevailed and the Speaker appointed as such
committee Cohoon of Des Moines, Sands of Louisa and Heaton of
Henry.

ADOPTION OF HOUSE MEMORIAL RESOLUTION 7

Hahn of Muscatine offered the following House Memorial
Resolution 7 and moved its adoption:

HOUSE MEMORIAL RESOLUTION 7

WHEREAS, The Honorable Donald R. Platt of Muscatine
County, Iowa, who was a member of the Seventy-first, Seventy-
second, Seventy-second extra, and Seventy-second second extra
general assemblies, passed away July 29th, 2002; NOW
THEREFORE,

BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES, That a committee of three be appointed by
the Speaker of the House to prepare suitable resolutions
commemorating his life, character and service to the state.


The motion prevailed and the Speaker appointed as such
committee Hahn of Muscatine, Boddicker of Cedar and Sands of
Louisa.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on March 26,
2003. Had I been present, I would have voted "aye" on House File
656 and Senate File 134.

MADDOX of Polk

I was necessarily absent from the House chamber on March 25,
2003. Had I been present, I would have voted "aye" on House Files
397, 480 and 633. I would have voted "nay" on House File 655.

STEVENS of Dickinson

BILL ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bill has been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 26th day of March, 2003: House File 504.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

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

Two exchange students, Marculo of Ecuador and Ardie of Russia,
from North Fayette High School, West Union, Iowa, accompanied by
Mrs. Josephine Heying. By Lalk of Fayette.


Mock trial students from Camanche High School, Camanche, Iowa,
accompanied by Superintendent Tom Parker and Teacher Lisa Low.
By S. Olson of Clinton.

SUBCOMMITTEE ASSIGNMENTS

House File 659

Commerce, Regulation and Labor: Jenkins, Chair; Oldson and Watts.

Senate File 359

Judiciary: Boal, Chair; Baudler and Swaim.

Senate File 397

Natural Resources: Boddicker, Chair; Bell and Freeman.

Senate File 402

Judiciary: Paulsen, Chair; Heaton and Reasoner.

Senate File 416

Human Resources: Upmeyer, Chair; Berry and Boddicker.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 300

Government Oversight: Jenkins, Chair; Alons and Thomas.

House Study Bill 301

Appropriations: Jenkins, Chair; Eichhorn and Quirk.

House Study Bill 302

Ways and Means: Paulsen, Chair; K. Kramer and Kuhn.

House Study Bill 303

Ways and Means: Paulsen, Chair; Kurtenbach and Shoultz.

House Study Bill 304

Ways and Means: Boal, Chair; Jochum and K. Kramer.


HOUSE STUDY BILL COMMITTEE ASSIGNMENT

H.S.B. 305 Agriculture

A concurrent resolution urging the United States Congress to hold
hearings to investigate the impact of mandatory country of origin
labeling regulations and to delay the date of compliance with the law.

RESOLUTIONS FILED

HCR 20, by Reasoner, Bell, Berry, Bukta, Cohoon, Connors,
Dandekar, Davitt, Foege, Frevert, Gaskill, Greimann, Heddens,
Hunter, Huser, Jochum, Kuhn, Lensing, Lykam, Mascher, McCarthy,
Mertz, Miller, Murphy, Myers, D. Olson, Osterhaus, Petersen, Quirk,
Smith, Stevens, Struyk, Swaim, D. Taylor, Thomas, Wendt,
Whitaker, Winckler and Wise, a concurrent resolution urging the
United States Department of Agriculture to rescind an
administrative regulation regarding grain warehouse licensing.

Laid over under Rule 25.

HR 43, by Foege, Lensing, Mascher and Myers, a resolution marking
the restoration of the dome, cupola, and bell of the Old Capitol
building in Iowa City and honoring the contractors, artisans, skilled
workers, and the many individuals contributing to the effort to
complete the restoration.

Laid over under Rule 25.

HR 44, by Dennis, Jenkins, Shoultz and Berry, a resolution
congratulating the University of Northern Iowa Panthers Women's
Volleyball Team.

Laid over under Rule 25.

AMENDMENTS FILED

H-1168 S.F. 390 Hogg of Linn
H-1169 S.F. 390 Hogg of Linn
H-1170 H.F. 647 Hoffman of Crawford
H-1171 H.F. 576 Jenkins of Black Hawk

H-1172 H.F. 647 Hoffman of Crawford
H-1173 H.F. 647 Hoffman of Crawford
H-1174 H.F. 573 Eichhorn of Hamilton
Swaim of Davis
H-1175 H.F. 587 Swaim of Davis
H-1176 H.F. 646 Elgin of Linn
H-1177 H.F. 651 Manternach of Jones
H-1178 S.F. 390 Hogg of Linn
H-1179 S.F. 390 Van Engelenhoven of Marion
Greiner of Washington Arnold of Lucas
Hahn of Muscatine Baudler of Adair
Hoffman of Crawford Eichhorn of Hamilton

On motion by Gipp of Winneshiek the House adjourned at 2:48
p.m., until 8:45 a.m., Thursday, March 27, 2003.


Previous Day: Tuesday, March 25Next Day: Thursday, March 27
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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