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House Journal: Thursday, April 3, 2003

JOURNAL OF THE HOUSE

Eightieth-first Calendar Day - Fifty-eighth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 3, 2003

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

Prayer was offered by Reverend Sheryl Campbell, pastor of Ripley
United Church of Christ, Traer, accompanied by House Page, Natalie
Owens from Traer. She was the guest of Representative Horbach of
Tama County.

The Journal of April 2, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Speaker Rants.

SENATE MESSAGE CONSIDERED

Senate File 354, by committee on human resources, a bill for an
act implementing the federal Indian Child Welfare Act.

Read first time and referred to committee on human resources.

ADOPTION OF HOUSE RESOLUTION 49

Shoultz of Black Hawk, Jenkins of Black Hawk and Berry of Black
Hawk called up for consideration House Resolution 49, a resolution
honoring the East Waterloo High School Boys’ Basketball Team, and
moved its adoption.

The motion prevailed and the resolution was adopted.

SPECIAL PRESENTATION

Berry of Black Hawk introduced the East Waterloo High School
Boys Basketball Team.

The House rose and expressed it welcome.

On motion by Gipp of Winneshiek, the House was recessed at 9:01
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 12:58 p.m., Speaker Rants in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty-three members present,
seventeen absent.

SPECIAL PRESENTATION

Raecker of Polk introduced to the House, Julie Dwyer, the
National Director of the Character Counts! Coalition, and Bambi
Wagner from the Institute of Character Development from Drake
University.

The House rose and expressed its welcome.

SENATE AMENDMENT CONSIDERED

Raecker of Polk called up for consideration House File 180, a bill
for an act relating to character education and service learning in
Iowa's elementary and secondary schools, amended by the Senate,
and moved that the House concur in the following Senate
amendment:

H-1211

1 Amend House File 180, as passed by the House, as
2 follows:
3 1. Page 1, line 4, by inserting after the word
4 "condition" the following: "for the inclusion of a
5 service learning endorsement on a student's diploma or
6 as a condition".

The motion prevailed and the House concurred in the Senate
amendment H-1211.

Raecker of Polk moved that the bill, as amended by the Senate and

concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 180)

The ayes were, 97:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta 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
Hogg Horbach Hunter Huseman
Huser Hutter Jacobs Jenkins
Jochum Jones Klemme Kramer
Kuhn Kurtenbach Lalk Lensing
Lukan Lykam Maddox Manternach
Mascher McCarthy Mertz Miller
Murphy Myers Oldson Olson, D.
Olson, S. Osterhaus Paulsen Peterson
Quirk Raecker Rasmussen Rayhons
Reasoner Roberts Sands Schickel
Shoultz Smith Stevens Struyk
Swaim Taylor, D. Taylor, T. Thomas
Tjepkes Tymeson 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, 3:
Carroll Hoffman Upmeyer

 


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 180 be immediately messaged to the Senate.


SPECIAL PRESENTATION

Myers of Johnson introduced to the House the Honorable former
state representative Andra Atteberry from Delaware County.

The House rose and expressed it’s welcome.

The House stood at ease at 1:12 p.m., until the fall of the gavel.

The House resumed session at 3:00 p.m., Speaker Rants in the
chair.

CONSIDERATION OF BILLS
Unfinished Business Calendar

The House resumed consideration of House File 662, a bill for an
act relating to the funding of, the operation of, and appropriation of
moneys to the college student aid commission, the department for the
blind, the department of cultural affairs, the department of
education, and the state board of regents and including an effective
date and retroactive applicability date provision, previously deferred,
on April 2, 2003 and found on pages 931 through 933 of the House
Journal.

Jenkins of Black Hawk offered the following amendment H-1261
filed by Jenkins, et al., and moved its adoption:

H-1261

1 Amend House File 662 as follows:
2 1. Page 12, by striking line 20 and inserting the
3 following:
4 " $ 1,190,152"
5 2. Page 13, by striking line 6 and inserting the
6 following:
7 " $ 108,673"
8 3. Page 13, by striking line 10 and inserting the
9 following:
10 " $ 79,940"
11 4. Page 13, by striking line 13 and inserting the
12 following:
13 " $ 161,173"
14 5. Page 13, by striking line 19 and inserting the
15 following:
16 " $232,423,103"
17 6. Page 13, by striking line 35 and inserting the
18 following:
19 " $ 28,833,519"

20 7. Page 15, by striking line 22, and inserting
21 the following:
22 " $ 7,442,887"
23 8. Page 15, by striking line 28 and inserting the
24 following:
25 " $ 6,724,505"
26 9. Page 16, by striking line 2 and inserting the
27 following:
28 " $ 2,808,191"
29 10. Page 16, by striking line 8 and inserting the
30 following:
31 " $ 4,018,388"
32 11. Page 16, by striking line 16 and inserting
33 the following:
34 " $ 2,193,798"
35 12. Page 16, by striking line 25 and inserting
36 the following:
37 " $ 685,914"
38 13. Page 16, by striking line 30 and inserting
39 the following:
40 " $ 188,886"
41 14. Page 17, by striking line 1 and inserting the
42 following:
43 " $ 68,553"
44 15. Page 17, by striking line 6 and inserting the
45 following:
46 " $ 931,420"
47 16. Page 17, by striking line 12 and inserting
48 the following:
49 " $ 803,013"
50 17. Page 17, by striking line 21 and inserting

Page 2

1 the following:
2 " $ 47,170"
3 18. Page 17, by striking line 28 and inserting
4 the following:
5 " $183,134,521"
6 19. Page 18, by striking line 5 and inserting the
7 following:
8 " $ 32,712,448"
9 20. Page 18, by striking line 12 and inserting
10 the following:
11 " $ 20,815,676"
12 21. Page 18, by striking line 18 and inserting
13 the following:
14 " $ 489,648"
15 22. Page 18, by striking line 29 and inserting
16 the following:
17 " $ 82,228,033"
18 23. Page 19, by striking line 6 and inserting the

19 following:
20 " $ 217,290"
21 24. Page 19, by striking line 12 and inserting
22 the following:
23 " $ 8,107,934"
24 25. Page 19, by striking line 18 and inserting
25 the following:
26 " $ 4,537,514"
27 26. Page 19, by striking line 27 and inserting
28 the following:
29 " $ 15,103"

Amendment H-1261 was adopted, placing out of order amendment
H-1208, previously deferred, filed by Greimann of Story, et al., on
April 1, 2003.

Whitaker of Van Buren offered amendment H-1202 filed by
Whitaker, et al., as follows:

H-1202

1 Amend House File 662, as follows:
2 1. Page 22, by inserting after line 23 the
3 following:
4 "Sec. . Section 261.86, Code 2003, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 6. Notwithstanding section 8.33,
7 until one year after the date the president of the
8 United States or the Congress of the United States
9 declares a cessation of hostilities ending operation
10 Iraqi freedom, funds appropriated for purposes of this
11 section which remain unencumbered or unobligated at
12 the close of the fiscal year for which the funds were
13 appropriated shall not revert but shall be available
14 for expenditure for the following fiscal year for
15 purposes of this section."

Tymeson of Madison offered the following amendment H-1237, to
amendment H-1202, filed by Tymeson, et al., and moved its adoption:

H-1237

1 Amend the amendment, H-1202, to House File 662 as
2 follows:
3 1. Page 1, by inserting after line 15 the
4 following:
5 " . Page 25, by inserting after line 32 the
6 following:
7 " . The section of this Act, amending section

8 261.86, being deemed of immediate importance, takes
9 effect upon enactment and applies retroactively to
10 July 1, 2002.""
11 2. By renumbering, redesignating, and correcting
12 internal references as necessary.

Amendment H-1237 was adopted.

On motion by Whitaker of Van Buren, amendment H-1202, as
amended, was adopted.

Carroll of Poweshiek in the chair at 3:17 p.m.

Winckler of Scott offered the following amendment H-1210,
previously deferred, filed by her and moved its adoption:

H-1210

1 Amend House File 662 as follows:
2 1. By striking page 1, line 33 through page 2,
3 line 2.

Roll call was requested by Winckler of Scott and Shoultz of Black
Hawk.

Rule 75 was invoked.

On the question "Shall amendment H-1210 be adopted?" (H.F. 662)

The ayes were, 47:
Bell Berry Bukta Cohoon
Connors Dandekar Davitt Fallon
Foege Ford Frevert Gaskill
Greimann Heaton Heddens Hogg
Hunter Huser Jochum Kuhn
Lensing Lykam Maddox Mascher
McCarthy Mertz Miller Murphy
Myers Oldson Olson, D. Osterhaus
Petersen Reasoner Shoultz Smith
Stevens Struyk Swaim Taylor, D.
Taylor, T. Thomas Wendt Whitaker
Whitead Winckler Wise

 


The nays were, 52:
Alons Arnold Baudler Boal
Boddicker Boggess Chambers De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Freeman Gipp
Granzow Greiner Hahn Hansen
Hanson Hoffman Horbach Huseman
Hutter Jacobs Jenkins Jones
Klemme Kramer Kurtenbach Lalk
Lukan Manternach Olson, S. Paulsen
Raecker Rants, Spkr. Rasmussen Rayhons
Roberts Sands Schickel Tjepkes
Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K.
Van Fossen, J.R. Watts Wilderdyke Carroll,
Presiding

 


Absent or not voting, 1:
Quirk

 


Amendment H-1210 lost.

Jenkins of Black Hawk asked and received unanimous consent to
withdraw amendment H-1221, previously deferred, filed by him on
April 1, 2003.

Dolecheck of Ringgold 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. 662)

The ayes were, 99:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Chambers Cohoon Connors
Dandekar Davitt De Boef Dennis
Dix Dolecheck Drake Eichhorn
Elgin Fallon Foege Ford
Freeman Frevert Gaskill Gipp
Granzow Greimann Greiner Hahn
Hansen Hanson Heaton Heddens
Hoffman Hogg Horbach Hunter
Huseman Huser Hutter Jacobs
Jenkins Jochum Jones Klemme
Kramer Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach Mascher McCarthy Mertz
Miller Murphy Myers Oldson
Olson, D. Olson, S. Osterhaus Paulsen
Petersen Raecker Rants, Spkr. 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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 1:
Quirk

 


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:

Miller of Webster on request of Myers of Johnson; Quirk of Chickasaw on request of
Stevens of Dickinson.

IMMEDIATE MESSAGE

Gipp of Winneshiek asked and received unanimous consent that
House File 662 be immediately messaged to the Senate.

Regular Calendar

House File 595, a bill for an act relating to land use, by limiting
condemnation of century farms, by modifying procedures pertaining
to certain voluntary annexations and to involuntary annexations and
providing an effective date, was taken up for consideration.

Tjepkes of Webster offered the following amendment H-1223 filed
by him and moved its adoption:

H-1223

1 Amend House File 595 as follows:
2 1. Page 1, by striking lines 1 through 14.
3 2. Title page, by striking lines 1 and 2 and
4 inserting the following: "An Act relating to certain

5 voluntary".
6 3. By renumbering as necessary.

Roll call was requested by Myers of Johnson and Kuhn of Floyd.

Rule 75 was invoked.

On the question "Shall amendment H-1223 be adopted?" (H.F. 595)

The ayes were, 57:
Alons Arnold Berry Boal
Boddicker Chambers Dandekar De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Gipp Granzow
Greiner Hahn Hansen Hanson
Heaton Hoffman Horbach Huseman
Hutter Jacobs Jenkins Jones
Klemme Kramer Kurtenbach Lalk
Lukan Maddox Manternach McCarthy
Olson, S. Paulsen Raecker Rants, Spkr.
Rasmussen Rayhons Reasoner Roberts
Sands Schickel Shoultz Smith
Tjepkes Tymeson Upmeyer Van Engelenhoven
Van Fossen, J.K. Van Fossen, J.R. Watts Wilderdyke
Carroll,
Presiding

 


The nays were, 39:
Bell Bukta Cohoon Connors
Davitt Fallon Foege Ford
Freeman Frevert Gaskill Greimann
Heddens Hogg Hunter Huser
Jochum Kuhn Lensing Lykam
Mascher Mertz Murphy Myers
Oldson Olson, D. Osterhaus Petersen
Stevens Struyk Swaim Taylor, D.
Taylor, T. Thomas Wendt Whitaker
Whitead Winckler Wise

 


Absent or not voting, 4:
Boggess Miller Quirk

 


Amendment H-1223 was adopted.

Wise of Lee asked and received unanimous consent to withdraw

amendment H-1260 filed by him on April 2, 2003.

Wise of Lee offered amendment H-1262 filed by him as follows:

H-1262

1 Amend House File 595 as follows:
2 1. Page 1, by inserting before line 15, the
3 following:
4 "Sec. . Section 331.303, Code 2003, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 8A. Upon petition of twenty
7 percent of the eligible electors residing in the area
8 outside the city limits over which the zoning
9 jurisdiction is extended, approve or disapprove
10 pursuant to section 414.23 a city zoning ordinance or
11 regulation or an amendment to such an ordinance or
12 regulation affecting such area."
13 2. Page 5, by inserting before line 30, the
14 following:
15 "Sec. . Section 414.23, unnumbered paragraph 3,
16 Code 2003, is amended to read as follows:
17 Property owners affected by such zoning regulations
18 shall have the same rights of hearing, protest, and
19 appeal as those within the municipality exercising
20 this power. However, upon petition of twenty percent
21 of the eligible electors residing in the area outside
22 the city limits over which the zoning jurisdiction is
23 extended, the city zoning ordinance or regulation, or
24 amendment to such an ordinance or regulation, shall
25 not take effect within such area unless the zoning
26 ordinance or regulation, or the amendment to such an
27 ordinance or regulation, is approved by the board of
28 supervisors. The petition shall be submitted to the
29 county auditor. The auditor shall notify the city of
30 receipt of the petition."
31 3. Page 5, by inserting after line 31 the
32 following:
33 "Sec. . APPLICABILITY DATE. The sections of
34 this Act enacting section 331.303, subsection 8A, and
35 amending section 414.23 apply to a city zoning
36 ordinance or regulation or an amendment to a city
37 ordinance or regulation affecting an unincorporated
38 area of a county over which a city has extended its
39 jurisdiction, which is adopted on or after the
40 effective date of this Act".
41 4. Title page, line 3, by inserting after the
42 words "involuntary annexations" the following: "and
43 authorizing a county board of supervisors to approve
44 or disapprove certain city zoning ordinances or
45 regulations,".

46 5. Title page, line 4, by inserting after the
47 word "date" the following: "and an applicability
48 date".
49 6. By renumbering as necessary.

Tjepkes of Webster rose on a point of order that amendment H-
1262 was not germane.

The Speaker ruled the point well taken and amendment H-1262
not germane.

Tjepkes of Webster offered amendment H-1224 filed by him as
follows:

H-1224

1 Amend House File 595 as follows:
2 1. Page 1, by inserting after line 19, the
3 following:
4 "Sec. . Section 368.4, Code 2003, is amended to
5 read as follows:
6 368.4 ANNEXING MORATORIUM.
7 A city, following notice and hearing, may by
8 resolution agree with another city or cities to
9 refrain from annexing specifically described territory
10 for a period not to exceed ten years and, following
11 notice and hearing, may by resolution extend the
12 agreement for subsequent periods not to exceed ten
13 years each. Notice of a hearing shall be served by
14 regular mail at least thirty days before the hearing
15 on the city development board, and on the board of
16 supervisors of the county in which the territory is
17 located, and on all persons owning land within the
18 area subject to the agreement and shall be published
19 in an official county newspaper in each county
20 containing a city conducting a hearing regarding the
21 agreement, in any county within two miles of any such
22 city, and in an official newspaper of each city
23 conducting a hearing regarding the agreement. The
24 notice shall include the time and place of the
25 hearing, describe the territory subject to the
26 proposed agreement, and the general terms of the
27 agreement. After passage of a resolution by the
28 cities approving the agreements, a copy of the
29 agreement and a copy of any resolution extending an
30 agreement shall be filed with the city development
31 board within ten days of enactment. If such an
32 agreement is in force, the board shall dismiss a
33 petition or plan which violates the terms of the

34 agreement."
35 2. Page 2, by striking lines 3 through 8, and
36 inserting the following: "hearing for all affected
37 property owners and the county. Public land may be
38 included in the".
39 3. Page 3, line 26, by inserting after the word
40 "annexed" the following: "unless the adjoining
41 property is in a city".
42 4. Page 4, by striking lines 17 and 18, and
43 inserting the following: "considering such an
44 annexation application, the board may request that the
45 annexing city provide information on the amount of
46 land located in the".
47 5. Page 4, by inserting after line 21, the
48 following:
49 "Sec. . Section 368.11, Code 2003, is amended
50 by adding the following new subsection:

Page 2

1 NEW SUBSECTION. 14. In the case of an annexation,
2 a plan for extending municipal services to be provided
3 by the annexing city to the annexed territory within
4 three years of July 1 of the fiscal year in which city
5 taxes are collected against property in the annexed
6 territory."
7 6. Page 5, line 6, by striking the word "Before"
8 and inserting the following: "Within thirty days
9 after receiving notice that".
10 7. Page 5, line 7, by striking the words "may be
11 submitted to" and inserting the following: "has been
12 filed with".
13 8. Page 5, by inserting before line 20, the
14 following:
15 "Sec. . Section 368.25, Code 2003, is amended
16 to read as follows:
17 368.25 FAILURE TO PROVIDE MUNICIPAL SERVICES.
18 Prior to expiration of the three-year period
19 established in section 368.11, subsection 14, the
20 annexing city shall submit a report to the board
21 describing the status of the provision of municipal
22 services identified in the plan required in section
23 368.11, subsection 14. If a city fails to provide
24 municipal services, or fails to show substantial and
25 continuing progress in the provision of municipal
26 services, to territory involuntarily annexed,
27 according to the plan for extending municipal services
28 filed pursuant to section 368.11, subsection 14,
29 within three years after city taxes are imposed in the
30 annexed territory the time period specified in that
31 subsection, the city development board shall may
32 initiate proceedings to sever the annexed territory

33 from the city. The board shall notify the city of the
34 severance proceedings and shall hold a public hearing
35 on the proposed severance. The board shall give
36 notice of the hearing in the same manner as notice of
37 a public meeting in section 368.11. The board may
38 order severance of all or a portion of the territory
39 and the order to sever is not subject to approval at
40 an election. However, a A city may appeal to request
41 that the board for allow up to an additional three
42 years to provide municipal services if good cause is
43 shown. a petition for severance filed pursuant to
44 this section shall be filed and acted upon in the same
45 manner as a petition under section 368.11. As an
46 alternative to severance of the territory, the board
47 may impose a moratorium on additional annexation by
48 the city until the city complies with its plan for
49 extending municipal services. For purposes of this
50 section, "municipal services" means services selected

Page 3

1 by a landowner to be provided by the city, including,
2 but not limited to, water supply, sewage disposal,
3 street and road maintenance, and police and fire
4 protection, if the provision of such services is
5 within the legal authority of the annexing city
6 included in the plan required by section 368.11,
7 subsection 14, for extending municipal services."
8 9. Page 5, by striking lines 22 through 29 and
9 inserting the following:
10 "A city ordinance or regulation that regulates a
11 condition or activity occurring on protected farmland
12 or regulates a person who owns or operates protected
13 farmland is unenforceable against the owner or
14 operator of the protected farmland for a period of ten
15 years from the effective date of the annexation, to
16 the extent the city ordinance or regulation is more
17 stringent than county legislation. Section 335.2
18 shall apply to the protected farmland until the owner
19 of the protected farmland determines that the land
20 will no longer be operated as an agricultural
21 operation. Any enforcement activity conducted in
22 violation of this section is void.
23 A "condition or activity occurring on protected
24 farmland" includes but is not limited to the raising,
25 harvesting, drying, or storage of crops; the marketing
26 of products at roadside stands or farm markets; the
27 creation of noise, odor, dust, or fumes; the
28 production, care, feeding, or housing of animals
29 including but not limited to the construction,
30 operation, or management of an animal feeding
31 operation, an animal feeding operation structure, or

32 aerobic structure, and to the storage, handling, or
33 application of manure or egg washwater; the operation
34 of machinery including but not limited to planting and
35 harvesting equipment, grain dryers, grain handling
36 equipment, and irrigation pumps; ground and aerial
37 seeding and spraying; the application of chemical
38 fertilizers, conditioners, insecticides, pesticides,
39 and herbicides; and the employment and use of labor.
40 For the purposes of this section, "protected
41 farmland" means land that is part of a century farm as
42 that term is defined in section 403.17, subsection 10.
43 "County legislation" means any ordinance, motion,
44 resolution, or amendment adopted by a county pursuant
45 to section 331.302."
46 10. By renumbering, redesignating, and correcting
47 internal references as necessary.

Huser of Polk offered the following amendment H-1256, to
amendment H-1224, filed by her and moved its adoption:

H-1256

1 Amend the amendment, H-1224, to House File 595, as
2 follows:
3 1. Page 3, line 12, by striking the word "or" and
4 inserting the following: "and".
5 2. Page 3, lines 13 and 14, by striking the words
6 "or operator".

Amendment H-1256 was adopted.

D. Olson of Boone offered the following amendment H-1272, to
amendment H-1224, filed by him from the floor and requested
division as follows:

H-1272

1 Amend the amendment, H-1224, to House File 595 as
2 follows:

H-1272A

3 1. Page 1, by inserting after line 1, the
4 following:
5 " . Page 1, by inserting before line 15, the
6 following:
7 "Sec. . Section 6A.21, Code 2003, is amended by
8 adding the following new subsection:
9 NEW SUBSECTION. 3. A county may adopt an
H-1272A

10 ordinance restricting the county from exercising the
11 right of eminent domain over a century farm. For
12 purposes of this subsection, "century farm" means a
13 farm in which at least forty acres of such farm have
14 been held in continuous ownership by the same family
15 for one hundred years or more.""

H-1272B

16 2. Page 1, by inserting after line 1, the
17 following:
18 " . Page 1, by inserting before line 15, the
19 following:
20 "Sec. . Section 6A.21, Code 2003, is amended by
21 adding the following new subsection:
22 NEW SUBSECTION. 4. A city may adopt an ordinance
23 restricting the city from exercising the right of
24 eminent domain over a century farm. For purposes of
25 this subsection, "century farm" means a farm in which
26 at least forty acres of such farm have been held in
27 continuous ownership by the same family for one
28 hundred years or more."

H-1272C

29 3. Page 3, by inserting before line 46, the
30 following:
31 " . Title page, line 3, by inserting after the
32 words "involuntary annexations" the following: "and
33 condemnation of century farms"."

Tjepkes of Webster rose on a point of order that amendment
H-1272A was not germane, to amendment H-1224.

The Speaker ruled the point well taken and amendment H-1272A
to amendment H-1224 not germane.

D. Olson of Boone asked and received unanimous consent to
withdraw amendments H-1272B, and H-1272C to amendment H-
1224.

On motion by Tjepkes of Webster amendment H-1224, as
amended, was adopted, placing out of order amendments H-1133 and
H-1134 filed by Huser of Polk on March 24, 2003.

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?" (H.F. 595)

The ayes were, 88:
Arnold Baudler Bell Boal
Boddicker Bukta Chambers Cohoon
Connors Davitt De Boef Dennis
Dix Dolecheck Drake Eichhorn
Elgin Fallon Foege Ford
Freeman Frevert Gaskill Gipp
Granzow Greimann Greiner Hahn
Hansen Hanson Heaton Heddens
Hoffman Hogg Horbach Hunter
Huseman Huser Hutter Jacobs
Jenkins Jochum Jones Klemme
Kramer Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach Mascher McCarthy Mertz
Myers Oldson Olson, D. Olson, S.
Osterhaus Paulsen Petersen Raecker
Rants, Spkr. Rasmussen Rayhons Reasoner
Roberts Sands Schickel Stevens
Struyk Swaim Taylor, D. Taylor, T.
Tjepkes Tymeson Upmeyer Van Engelenhoven
Van Fossen, J.K. Van Fossen, J.R. Watts Whitaker
Wilderdyke Winckler Wise Carroll,
Presiding

 


The nays were, 8:
Berry Dandekar Murphy Shoultz
Smith Thomas Wendt Whitead

 


Absent or not voting, 4:
Alons Boggess Miller Quirk

 


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

HOUSE FILE 196 WITHDRAWN

Tjepkes of Webster asked and received unanimous consent to
withdraw House File 196 from further consideration by the House.

House File 617, a bill for an act requiring that dealers of certain
swine file a surety bond with the department of agriculture and land
stewardship, was taken up for consideration.

Greiner of Washington offered the following amendment H-1255
filed by her and moved its adoption:

H-1255

1 Amend House File 617 as follows:
2 1. Page 1, line 24, by striking the words "an
3 additional surety bond" and inserting the following:
4 "evidence of financial responsibility".
5 2. Page 1, line 25, by inserting before the word
6 "renewed" the following: "issued or".
7 3. Page 1, line 30, by inserting after the figure
8 "163.30." the following: "However, a dealer does not
9 include a person who operates a livestock market, as
10 defined in section 459.102."
11 4. Page 1, by inserting after line 34, the
12 following:
13 "___. "Financial institution" means a bank or
14 savings and loan association authorized by this state
15 or by the laws of the United States, which is a member
16 of the federal deposit insurance corporation or the
17 federal savings and loan insurance corporation."
18 5. Page 2, by inserting after line 3, the
19 following:
20 "___. "Sales agreement" means an oral or written
21 contract executed between a dealer and a purchaser for
22 the sale of feeder pigs."
23 6. By striking page 2, line 4, through page 3,
24 line 11, and inserting the following:
25 "Sec. ___. NEW SECTION. 202C.2 EVIDENCE OF
26 FINANCIAL RESPONSIBILITY - REQUIREMENTS.
27 1. A dealer shall provide the department with
28 evidence of financial responsibility as required by
29 the department. The evidence of financial
30 responsibility shall consist of a surety bond
31 furnished by a surety or an irrevocable letter of
32 credit issued by a financial institution.
33 2. The evidence of financial responsibility shall
34 be provided to the department before the dealer's
35 license is issued or renewed pursuant to section
36 163.30.
37 3. The amount of the evidence of financial
38 responsibility shall be established by rules which
39 shall be adopted by the department. Unless the
40 department otherwise has good cause, the rules shall
41 be based upon the volume of sales reported by the

42 dealer to the United States packers and stockyards
43 administration. However, the evidence of financial
44 responsibility shall not be for less than fifty
45 thousand dollars or for more than three hundred
46 thousand dollars.
47 4. The evidence of financial responsibility must
48 be conditioned upon the dealer's faithful performance
49 of the terms and conditions of the sales agreement.
50 The surety's or issuer's liability extends to each

Page 2

1 such sales agreement executed while the surety bond or
2 letter of credit is in force and until performance or
3 the recision of the sales agreement.
4 5. The evidence of financial responsibility shall
5 be continuous in nature until canceled by the surety
6 or issuer. The surety or issuer shall provide at
7 least ninety days' notice in writing to the dealer and
8 the department indicating the surety's or issuer's
9 intent to cancel the surety bond or letter of credit
10 and the effective date of the cancellation. The
11 dealer shall have sixty days from the date of receipt
12 of the surety's or issuer's notice of cancellation to
13 file a replacement. However, the surety or issuer
14 remains liable for damages arising from sales
15 agreements which were executed during the effective
16 period of the evidence of financial responsibility.
17 Sec. . NEW SECTION. 202C.3 SURETY OR ISSUER
18 - LIABILITY.
19 1. The purchaser may bring a legal action arising
20 from the breach of a sales agreement against the
21 surety on the bond or issuer on the irrevocable letter
22 of credit in the purchaser's own name in district
23 court to recover any damages as allowed by law. The
24 purchaser may also be awarded interest as determined
25 pursuant to section 668.13, beginning from the date
26 that the sales agreement was executed. The purchaser
27 may also be awarded court costs and reasonable
28 attorney fees, which shall be taxed as part of the
29 costs of the legal action.
30 2. The aggregate liability of the surety or issuer
31 due to a breach of a sales agreement shall not exceed
32 the amount of the evidence of financial
33 responsibility.
34 Sec. . NEW SECTION. 202C.4 DEPARTMENTAL
35 RULES.
36 The department shall adopt rules as required to
37 administer this chapter, including but not limited to
38 rules providing for amounts of evidence of financial
39 responsibility, qualifications for a surety or
40 financial institution, procedures for filing evidence

41 of financial responsibility, including replacement
42 bonds or letters of credit, requirements for the
43 cancellation of the evidence of financial
44 responsibility, and the liability of a surety or
45 issuer after cancellation."
46 7. Title page, line 1, by striking the words "a
47 surety bond" and inserting the following: "evidence
48 of financial responsibility".
49 8. By renumbering as necessary.

Amendment H-1255 was adopted.

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. 617)

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Chambers Cohoon Connors
Dandekar Davitt De Boef Dennis
Dix Dolecheck Drake Eichhorn
Elgin Fallon Foege Ford
Freeman Frevert Gaskill Gipp
Granzow Greimann Greiner Hahn
Hansen Hanson Heaton Heddens
Hoffman Hogg Horbach Hunter
Huseman Huser Hutter Jacobs
Jenkins Jochum Jones Klemme
Kramer Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach Mascher McCarthy Mertz
Murphy Myers Oldson Olson, D.
Olson, S. Osterhaus Paulsen Petersen
Raecker Rants, Spkr. 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 Carroll,
Presiding

 


The nays were, none.


Absent or not voting, 2:
Miller Quirk

 


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

HOUSE FILE 350 WITHDRAWN

Greiner of Washington asked and received unanimous consent to
withdraw House File 350 from further consideration by the House.

House File 583, a bill for an act relating to the ethics and
campaign disclosure board, including reports of official misconduct,
lobbyist and client reports, advisory opinions, campaign finance
reporting, and making penalties applicable, was taken up for
consideration.

Raecker of Polk offered the following amendment H-1196 filed by
Raecker, et al., and moved its adoption:

H-1196

1 Amend House File 583 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 68B.22, subsection 4,
5 paragraph e, Code 2003, is amended to read as follows:
6 e. Anything available or distributed free of
7 charge to members of the general public without regard
8 to the official status of the recipient. This
9 paragraph shall not apply to receptions described
10 under paragraph "r".
11 Sec. 2. Section 68B.22, subsection 4, Code 2003,
12 is amended by adding the following new paragraph:
13 NEW PARAGRAPH. r. Gifts of food, beverage, and
14 entertainment received by public officials or public
15 employees at a reception where every member of the
16 general assembly has been invited to attend, when the
17 reception takes place during a regular session of the
18 general assembly. A sponsor of a reception under this
19 paragraph shall file a report disclosing the total
20 amount expended, including in-kind expenditures, on
21 food, beverage, and entertainment for the reception.
22 The report shall be filed with the secretary of the
23 senate, the chief clerk of the house, and the board
24 within five business days following the date of the
25 reception.

26 Sec. 3. Section 68B.38, Code 2003, is amended to
27 read as follows:
28 68B.38 LOBBYIST'S CLIENT REPORTING.
29 1. a. On or before January 31 and July 31 1 of
30 each year, a lobbyist's client shall file with the
31 general assembly or board a report that contains
32 information on all salaries, fees, and retainers paid
33 by the lobbyist's client to the lobbyist for lobbying
34 purposes during the preceding six twelve calendar
35 months.
36 b. Reports by a lobbyist's clients shall be filed
37 with the same entity with which the lobbyist filed the
38 lobbyist's registration.
39 2. a. The report due January 31 shall include a
40 cumulative total of all salaries, fees, retainers, and
41 reimbursements of expenses paid to the lobbyist for
42 lobbying activities during the preceding calendar
43 year.
44 b. The secretary of the senate, chief clerk of the
45 house, and the board shall develop forms to implement
46 this section."
47 2. Title page, by striking lines 1 through 4 and
48 inserting the following: "An Act relating to
49 governmental ethics disclosure reports, including
50 reports related to receptions for members of the

Page 2

1 general assembly during session detailing food,
2 beverage, and entertainment received by public
3 officials and public employees, and reports filed by
4 clients of lobbyists before the general assembly and
5 the executive branch pertaining to moneys paid for
6 lobbying purposes."

Amendment H-1196 was adopted.

Raecker of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 583)

The ayes were, 80:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Chambers Cohoon Connors
De Boef Dennis Dix Dolecheck
Drake Eichhorn Elgin Foege
Freeman Frevert Gaskill Gipp
Granzow Greimann Greiner Hahn
Hansen Hanson Heaton Hoffman
Horbach Hunter Huseman Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Maddox
Manternach Mascher McCarthy Mertz
Murphy Myers Olson, S. Osterhaus
Paulsen Raecker Rants, Spkr. Rasmussen
Rayhons Roberts Sands Shoultz
Stevens Taylor, D. Taylor, T. Thomas
Tjepkes Tymeson Upmeyer Van Engelenhoven
Van Fossen, J.K. Van Fossen, J.R. Watts Wendt
Wilderdyke Winckler Wise Carroll,
Presiding

 


The nays were, 18:
Dandekar Davitt Fallon Ford
Heddens Hogg Huser Lykam
Oldson Olson, D. Petersen Reasoner
Schickel Smith Struyk Swaim
Whitaker Whitead

 


Absent or not voting, 2:
Miller Quirk

 


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

House File 502, a bill for an act relating to damage disclosure
statements required for transfer of ownership of motor vehicles, was
taken up for consideration.

Hoffman of Crawford offered amendment H-1234 filed by him as
follows:

H-1234

1 Amend House File 502 as follows:
2 1. Page 3, line 29, by inserting after the word
3 "homes." the following: "This section does not apply
4 to a vehicle with a certificate of title bearing a
5 designation that the vehicle was previously titled on
6 a salvage certificate of title pursuant to section
7 321.52, subsection 4, paragraph "b", or to vehicles
8 with a certificate of title bearing a "REBUILT" or

9 "SALVAGE" designation pursuant to section 321.24,
10 subsection 4 or 5."

Hoffman of Crawford offered the following amendment H-1271, to
amendment H-1234, filed by him from the floor and moved its
adoption:

H-1271

1 Amend the amendment, H-1234, to House File 502 as
2 follows:
3 1. Page 1, line 3, by striking the words "This
4 section" and inserting the following: "The
5 requirement in subsection 1 that the new certificate
6 of title and registration receipt shall state on the
7 face of the title the total cumulative dollar amount
8 of damage".
9 2. Page 1, line 7, by striking the word
10 "vehicles" and inserting the following: "a vehicle".

Amendment H-1271 was adopted.

On motion by Hoffman of Crawford amendment H-1234, as
amended, was adopted.

Hoffman of Crawford offered the following amendment H-1048
filed by him and moved its adoption:

H-1048

1 Amend House File 502 as follows:
2 1. Title page, line 2, by inserting after the
3 word "vehicles" the following: "and providing a
4 penalty".

Amendment H-1048 was adopted.

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. 502)

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Chambers Cohoon Connors
Dandekar Davitt De Boef Dennis
Dix Dolecheck Drake Eichhorn
Elgin Fallon Foege Ford
Freeman Frevert Gaskill Gipp
Granzow Greimann Greiner Hahn
Hansen Hanson Heaton Heddens
Hoffman Hogg Horbach Hunter
Huseman Huser Hutter Jacobs
Jenkins Jochum Jones Klemme
Kramer Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach Mascher McCarthy Mertz
Murphy Myers Oldson Olson, D.
Olson, S. Osterhaus Paulsen Petersen
Raecker Rants, Spkr. 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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Miller Quirk

 


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 502, 583, 595 and 617.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on April 3, 2003.
Had I been present, I would have voted "aye" on House File 180.

CARROLL of Poweshiek


PRESENTATION OF VISITORS

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

Fifth grade students from Ar-We-Va Community School District,
(Arcadia Center), Carroll, Iowa, accompanied by Carmen Thiedeman.
By Roberts of Carroll.

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\1072 Letha Dodge, Rockwell - For celebrating her 95th birthday.

2003\1073 Betty Kobes, Belmond - For receiving the Iowa State Water
Resources Research Institute 'Outstanding Educator Award'.

2003\1074 Christina Nugent, Dubuque - For receiving the 2002 Presidential
Award for Excellence in Math and Science.

2003\1075 Hazel Halversen Fitzgerald, Fort Dodge - For celebrating her 90th
birthday.

2003\1076 Colleen Pagg, Fort Dodge - For celebrating her 80th birthday.

2003\1077 June Algoe, Fort Dodge - For celebrating her 80th birthday.

2003\1078 Paul Ivory, Fort Dodge - For celebrating his 80th birthday.

2003\1079 Sarah Weirather, Central Lee High School - For being chosen for
the third team of three all-state girls basketball teams: the Iowa
Newspaper Association, the Iowa Girls Coaches Association and the
Des Moines Register.

2003\1080 Jennifer Goetz, Cardinal Stritch High School - For receiving first
team all-state honors in Class 1-A for the third consecutive year
from the Iowa Newspaper Association.

2003\1081 Bryce Ricketts, Blue Grass - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2003\1082 Cleo Raffety, Chariton - For celebrating her 90th birthday.


2003\1083 Dean and Leah White, Chariton - For celebrating their 50th
wedding anniversary.

2003\1084 Don Willis, Chariton - For celebrating his 80th birthday.

2003\1085 Ronald and Lois Fogle, Chariton - For celebrating their 50th
wedding anniversary.

2003\1086 Leander Kubu, Toledo - For celebrating his 90th birthday.

2003\1087 Donna and Bill Moulton, Toledo - For celebrating their 50th wedding
anniversary.

2003\1088 Gertrude Christensen, Denison - For celebrating her 90th birthday.

2003\1089 Bob and Garnet Arnold, Denison - For celebrating their 65th
wedding anniversary.

2003\1090 Lourine Kluver, Mapleton - For celebrating her 80th birthday.

2003\1091 Wayne and Joyce Ray, Greenfield - For celebrating their 50th
wedding anniversary.

2003\1092 Fred Kesler, Panora - For celebrating his 80th birthday.

2003\1093 Lloyd and Helen Wine, Panora - For celebrating their 71st wedding
anniversary.

2003\1094 Cleo Lewis, Bayard - For celebrating her 85th birthday.

2003\1095 Delmar Frank Gifford, Boone - For celebrating his 83rd birthday.

2003\1096 Maynard Darwin Lind, Boone - For celebrating his 81st birthday.

2003\1097 Sarah Elizabeth Akers, Exira - For celebrating her 100th birthday.

2003\1098 Joshua Stokes, Sioux City - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2003\1099 James and Helen Martens, Conroy - For celebrating their 55th
wedding anniversary.

2003\1100 Edna McKenna, North English - For celebrating her 90th birthday.

2003\1101 Mary Jane and Maynard Danker, Minden - For celebrating their
50th wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House File 33

Ways and Means: Lukan, Chair; J. Drake and Kuhn.

House File 399

Ways and Means: Lukan, Chair; Lalk and Winckler.

House File 620

Ways and Means: Lukan, Chair; Hogg and Jones.

House File 645

Ways and Means: J. Drake, Chair; Lalk and Shoultz.

House File 657

Appropriations: Alons, Chair; Jenkins and Thomas.

Senate File 344

Commerce, Regulation and Labor: Horbach, Chair; Connors and B. Hansen.

Senate File 368

Commerce, Regulation and Labor: Dix, Chair; B. Hansen and Wise.

Senate File 380

Transportation: S. Olson, Chair; Bukta and Chambers.

Senate File 383

Education: Tymeson, Chair; Schickel and Stevens.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT

House Study Bill 310

Government Oversight: Alons, Chair; Baudler and Oldson.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House


COMMITTEE ON APPROPRIATIONS

Committee Bill (Formerly House Study Bill 309), relating to and making
appropriations for health and human services to the department of elder affairs, the
Iowa department of public health, the department of inspections and appeals, the
department of human services, and the commission of veterans affairs, and providing
effective dates.

Fiscal Note is required.

Recommended Amend and Do Pass April 3, 2003.

COMMITTEE ON EDUCATION

Senate File 173, a bill for an act authorizing school districts to deduct and pay fees
for membership in not-for-profit professional education associations.

Fiscal Note is not required.

Recommended Do Pass April 3, 2003.

COMMITTEE ON ENVIRONMENTAL PROTECTION

Senate File 343, a bill for an act relating to operation permits for public disposal
systems and providing an effective date.

Fiscal Note is not required.

Recommended Do Pass April 2, 2003.

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House File 15), relating to property taxation of certain
lands leased to others by the department of corrections or department of human
services and providing for the Act's applicability.

Fiscal Note is not required.

Recommended Do Pass April 3, 2003.

Committee Bill (Formerly House File 157), creating a university-based research
utilization program, providing tax credits, and making appropriations.

Fiscal Note is not required.

Recommended Amend and Do Pass April 3, 2003.

Committee Bill (Formerly House File 546), creating a sales tax exemption for
certain equipment sold for use in a warehouse or distribution center.

Fiscal Note is not required.

Recommended Do Pass April 3, 2003.

AMENDMENTS FILED

H-1263 H.F. 598 Jenkins of Black Hawk
H-1264 S.F. 433 Thomas of Clayton
H-1265 H.F. 598 Heaton of Henry
Horbach of Tama
Shoultz of Black Hawk
H-1266 H.F. 598 Swaim of Davis
H-1267 H.F. 598 Swaim of Davis
H-1268 H.F. 598 Baudler of Adair
H-1269 H.F. 598 Swaim of Davis
H-1270 H.F. 598 Swaim of Davis
H-1273 S.F. 433 Murphy of Dubuque
Ford of Polk Thomas of Clayton
Hogg of Linn Gaskill of Wapello
H-1274 H.F. 628 Boddicker of Cedar
Murphy of Dubuque
H-1275 H.F. 611 Kuhn of Floyd

On motion by Gipp of Winneshiek the House adjourned at 5:27
p.m., until 8:45 a.m., Friday, April 4, 2003.


Previous Day: Wednesday, April 2Next Day: Friday, April 4
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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