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House Journal: Monday, April 14, 2003

JOURNAL OF THE HOUSE

Ninety-second Calendar Day - Sixty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 14, 2003

The House met pursuant to adjournment at 1:09 p.m., Speaker
Rants in the chair.

Prayer was offered by Reverend Douglas B. Haviland, pastor of
Saint John's by the Campus Church, Ames. He was the guest of
Representative Lisa Heddens of Story County and Representative
Jane Greimann of Story County.

The Journal of Friday, April 11, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by fifty-one Girl Scouts ranging
from Daisies to Senior Girl Scouts from Garner, accompanied by their
leader, Carmen Ostrem. They were the guests of Representative
Henry Rayhons of Hancock County.

ADOPTION OF HOUSE RESOLUTION 35

Wilderdyke of Harrison, Drake of Pottawattamie and Baudler of
Adair called up for consideration House Resolution 35, a resolution
honoring Bob and Sheila Everhart for their efforts to preserve and
promote folk, country, and bluegrass music in the Midwest, and
moved its adoption.

The motion prevailed and the resolution was adopted.

HOUSE FILES REREFERRED TO COMMITTEE

Under the provision of House Rule 45, the following House Files
were rereferred to the committees listed:

House File 8 State Government
House File 22 Human Resources
House File 156 Human Resources

House File 213 Economic Growth
House File 259 Judiciary
House File 330 Human Resources
House File 402 State Government
House File 421 Natural Resources
House File 448 Commerce, Regulation and Labor
House File 481 Human Resources
House File 488 Local Government
House File 513 Natural Resources
House File 519 Natural Resources
House File 527 Human Resources
House File 532 Transportation
House File 533 Environmental Protection
House File 552 Public Safety
House File 566 Judiciary
House File 568 Education
House File 573 Judiciary
House File 579 Education
House File 580 Judiciary
House File 581 Judiciary
House File 587 Judiciary
House File 589 State Government
House File 590 State Government
House File 591 Economic Growth
House File 605 State Government
House File 606 State Government
House File 610 Human Resources
House File 611 Economic Growth
House File 621 Economic Growth
House File 627 Human Resources
House File 630 Human Resources
House File 635 Judiciary
House File 638 Public Safety
House File 649 Public Safety

On motion by Gipp of Winneshiek, the House was recessed at 1:19
p.m., until 3:00 p.m.

AFTERNOON SESSION

The House reconvened at 3:05 p.m., Speaker Rants in the chair.


LEAVE OF ABSENCE

Leave of absence was granted as follows:

Huseman of Cherokee on request of Gipp of Winneshiek.

The House stood at ease at 3:05 p.m., until the fall of the gavel.

The House resumed session at 4:09 p.m., Klemme of Plymouth in
the chair.
QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-one members present,
twenty-nine absent.

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 654, a bill for an act relating to the exemption of sand
handling and core and mold making equipment and materials used in
the mold making process from sales and use taxes, providing refunds,
and including effective and retroactive applicability date provisions,
was taken up for consideration.

Wise of Lee offered the following amendment H-1281 filed by Wise,
et al., and moved its adoption:

H-1281

1 Amend House File 654 as follows:
2 1. Page 1, line 5, by striking the words ", sand,
3 and chemicals".
4 2. Page 1, by striking lines 15 through 26.
5 3. Title page, line 2, by striking the words "and
6 materials".

Division was requested as follows:

Page 1 Lines 2 through 3 - Division A.
Page 1 Lines 4 through 6 - Division B.

On motion by Wise of Lee amendment H-1281A was adopted.


Hogg of Linn offered the following amendment H-1238 filed by him
and moved its adoption:

H-1238

1 Amend House File 654 as follows:
2 1. Page 1, by inserting after line 6 the
3 following:
4 "This exemption does not apply to a foundry unless
5 all of the following conditions are met:
6 a. The foundry pays a median wage for hourly,
7 nonmanagement employees working at the foundry of at
8 least twelve dollars per hour.
9 b. The foundry provides at least eighty percent of
10 the cost of a standard medical and dental insurance
11 plan for all full-time employees working at the
12 foundry."

Amendment H-1238 lost.

Jochum of Dubuque offered the following amendment H-1226 filed
by her and Shoultz of Black Hawk and moved its adoption:

H-1226

1 Amend House File 654 as follows:
2 1. Page 1, lines 13 and 14, by striking the words
3 and figures "prior to October 1, 2003," and inserting
4 the following: "within one hundred twenty days
5 following the effective date of this Act".
6 2. Page 1, line 21, by striking the words and
7 figures "prior to October 1, 2003," and inserting the
8 following: "within one hundred twenty days following
9 the effective date of this Act".
10 3. Page 1, by striking lines 28 through 30 and
11 inserting the following: "PROVISION. This Act takes
12 effect on the date the general assembly notifies the
13 department of revenue and finance of a reduction in or
14 the elimination of a specific service or program
15 funded by an appropriation from the general fund of
16 the state that will at least offset the estimated
17 future revenue loss to the general fund of the state
18 as a result of the implementation of this Act. If
19 this Act takes effect, this Act applies retroactively
20 to July 1, 1997."

Amendment H-1226 lost.


Jochum of Dubuque offered the following amendment H-1222 filed
by her and moved its adoption:

H-1222

1 Amend House File 654 as follows:
2 1. Page 1, by striking lines 8 through 14.
3 2. Page 1, line 15, by striking the figure "2."
4 3. Page 1, lines 17 and 18, by striking the words
5 "of sand and chemicals".

Amendment H-1222 lost.

On motion by Wise of Lee amendment H-1281B was adopted.

Hahn of Muscatine 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. 654)

The ayes were, 67:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Carroll Chambers Cohoon Dandekar
De Boef Dennis Dolecheck Drake
Eichhorn Elgin Gipp Granzow
Greiner Hahn Hansen Hanson
Heaton Hoffman Horbach Huser
Hutter Jacobs Jenkins Jones
Kramer Kurtenbach Lalk Lukan
Lykam Maddox Manternach Olson, D.
Olson, S. Paulsen Petersen Quirk
Raecker Rants, Spkr. Rasmussen Rayhons
Reasoner Roberts Sands Schickel
Smith Stevens Struyk Swaim
Tjepkes Tymeson Upmeyer Van Engelenhoven
Van Fossen, J.K. Van Fossen, J.R. Watts Whitaker
Wilderdyke Wise Klemme,
Presiding

 


The nays were, 31:
Connors Davitt Dix Fallon
Foege Ford Freeman Frevert
Gaskill Greimann Heddens Hogg
Hunter Jochum Kuhn Lensing
Mascher McCarthy Mertz Miller
Murphy Myers Oldson Osterhaus
Shoultz Taylor, D. Taylor, T. Thomas
Wendt Whitead Winckler

 


Absent or not voting, 2:
Bukta Huseman

 


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

HOUSE FILE 26 WITHDRAWN

Hahn of Muscatine asked and received unanimous consent to
withdraw House File 26 from further consideration by the House.

IMMEDIATE MESSAGE

Gipp of Winneshiek asked and received unanimous consent that
House File 654 be immediately messaged to the Senate.

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
April 14, 2003, passed the following bill in which the concurrence of the Senate was
asked:

House File 170, a bill for an act relating to the criminal offense of identity theft by
making changes in the elements of the offense.

Also: That the Senate has on April 14, 2003, passed the following bill in which the
concurrence of the Senate was asked:

House File 344, a bill for an act allowing a refund of motor fuel taxes paid by a
benefited fire district.

Also: That the Senate has on April 14, 2003, passed the following bill in which the
concurrence of the Senate was asked:

House File 349, a bill for an act relating to the representation of indigent persons
and indigent defense claims.

Also: That the Senate has on April 14, 2003, passed the following bill in which the
concurrence of the House is asked:


Senate File 440, a bill for an act providing for an annual increase in specified state
aid to nonpublic schools under prescribed circumstances.

MICHAEL E. MARSHALL, Secretary

Regular Calendar

Senate File 155, a bill for an act relating to statutory corrections
which may adjust language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete temporary
language, resolve inconsistencies and conflicts, update ongoing
provisions, or remove ambiguities, and including effective and
retroactive applicability date provisions, with report of committee
recommending passage, was taken up for consideration.

Struyk of Pottawattamie 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. 155)

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
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 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 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 Klemme,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Bukta Huseman

 


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

Senate File 172, a bill for an act relating to the establishment of a
public charter school pilot program and providing effective and
applicability dates, with report of committee recommending
amendment and passage, was taken up for consideration.

Carroll of Poweshiek offered the following amendment H-1034
filed by the committee on education and moved its adoption:

H-1034

1 Amend Senate File 172, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 30, the
4 following:
5 "Sec. . Section 256F.11, as enacted by 2002
6 Iowa Acts, chapter 1124, section 11, is amended to
7 read as follows:
8 SEC. 11. NEW SECTION. 256F.11 FUTURE REPEAL.
9 This chapter is repealed effective July 1, 2010
10 2011."
11 2. By renumbering as necessary.

The committee amendment H-1034 was adopted.

Carroll of Poweshiek offered the following amendment H-1304
filed by him and moved its adoption:

H-1304

1 Amend Senate File 172, as passed by the Senate, as
2 follows:
3 1. Page 1, line 10, by striking the words "Upon
4 receipt of such a grant, the" and inserting the
5 following: "The".
6 2. Page 2, by striking lines 33 and 34, and
7 inserting the following: "application procedure for

8 the fiscal year beginning not later than July 1, 2002
9 2004, for purposes of receiving distributing federal
10 planning funds".

Amendment H-1304 was adopted.

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

On the question "Shall the bill pass?" (S.F. 172)

The ayes were, 71:
Alons Arnold Baudler Bell
Boal Boddicker Boggess Carroll
Chambers Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Freeman Gaskill
Gipp Granzow Greiner Hahn
Hansen Hanson Heaton Hoffman
Hogg Horbach Hutter Jacobs
Jenkins Jones Kramer Kurtenbach
Lalk Lukan Maddox Manternach
McCarthy Myers Oldson Olson, D.
Olson, S. Paulsen Petersen Quirk
Raecker Rants, Spkr. Rasmussen Rayhons
Reasoner Roberts Sands Schickel
Stevens Struyk Swaim Thomas
Tjepkes Tymeson Upmeyer Van Engelenhoven
Van Fossen, J.K. Van Fossen, J.R. Watts Whitaker
Wilderdyke Wise Klemme,
Presiding

 


The nays were, 27:
Berry Cohoon Connors Fallon
Foege Ford Frevert Greimann
Heddens Hunter Huser Jochum
Kuhn Lensing Lykam Mascher
Mertz Miller Murphy Osterhaus
Shoultz Smith Taylor, D. Taylor, T.
Wendt Whitead Winckler

 


Absent or not voting, 2:
Bukta Huseman

 


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

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
April 14, 2003, passed the following bill in which the concurrence of the Senate was
asked:

House File 389, a bill for an act providing for miscellaneous technical and
substantive changes relating to controlled and precurser substances.

Also: That the Senate has on April 14, 2003, passed the following bill in which the
concurrence of the Senate was asked:

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

Also: That the Senate has on April 14, 2003, passed the following bill in which the
concurrence of the Senate was asked:

House File 502, a bill for an act relating to damage disclosure statements required
for transfer of ownership of motor vehicles and providing a penalty.

Also: That the Senate has on April 14, 2003, passed the following bill in which the
concurrence of the Senate was asked:

House File 509, a bill for an act relating to deer and elk chronic wasting disease by
establishing a task force and requiring departmental cooperation in the
implementation of a chronic wasting disease administrative strategy, and providing an
effective date.

MICHAEL E. MARSHALL, Secretary

Senate File 397, a bill for an act relating to the issuance of
hunting licenses for antlerless deer, providing for the disposition of
harvested deer meat to public institutions, requiring a report, and
providing a penalty, with report of committee recommending
amendment and passage, was taken up for consideration.

Baudler of Adair offered amendment H-1287 filed by the
committee on natural resources as follows:

H-1287

1 Amend Senate File 397, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1, the
4 following:

5 "Section 1. Section 483A.8, Code 2003, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 6. The commission shall provide,
8 by rule, for the issuance to a nonresident, of a
9 nonresident antlerless deer hunting license that is
10 valid for use only during the period beginning on
11 December 24, 2003, and ending at sunset on January 2,
12 2004, and costs fifty dollars. A nonresident hunting
13 deer with a license issued under this subsection shall
14 be otherwise qualified to hunt deer in this state and
15 shall have a nonresident hunting license and pay the
16 wildlife habitat fee. Pursuant to this subsection,
17 the commission shall make available for issuance only
18 the remaining nonresident antlerless deer hunting
19 licenses allocated under subsection 3 that have not
20 yet been issued for the 2003-2004 antlerless deer
21 hunting seasons."
22 2. By renumbering as necessary.

Alons of Sioux offered the following amendment H-1328, to the
committee amendment H-1287, filed by him from the floor and moved
its adoption:

H-1328

1 Amend the amendment, H-1287, to Senate File 397, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting before line 3, the
5 following:
6 " . Page 1, by inserting before line 1 the
7 following:
8 "Section 1. Section 481A.38, Code 2003, is amended
9 by adding the following new subsection:
10 NEW SUBSECTION. 4. The commission shall not adopt
11 a rule which restricts a person who has been issued an
12 early muzzleloader season license for deer, and does
13 not take a deer during that season, from eligibility
14 to purchase a deer hunting license for the second
15 regular gun season.""
16 2. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 28, nays 50.

Amendment H-1328 lost.


On motion by Baudler of Adair the committee amendment H-1287
was adopted.

Boddicker of Cedar 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. 397)

The ayes were, 97:
Alons Arnold Baudler Bell
Boal Boddicker Boggess 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 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
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
Klemme,
Presiding

 


The nays were, none.

Absent or not voting, 3:
Berry Bukta Huseman

 


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


IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 155, 172 and 397.

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
April 14, 2003, passed the following bill in which the concurrence of the Senate was
asked:

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

Also: That the Senate has on April 14, 2003, amended and passed the following bill
in which the concurrence of the House is asked:

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

Also: That the Senate has on April 14, 2003, passed the following bill in which the
concurrence of the Senate was asked:

House File 395, a bill for an act relating to the extension of credit without
discrimination under the consumer credit code.

Also: That the Senate has on April 14, 2003, amended and passed the following bill
in which the concurrence of the House is asked:

House File 547, a bill for an act providing for evidence of financial responsibility
filed by commercial pesticide applicators.

MICHAEL E. MARSHALL, Secretary

HOUSE FILE 678 REREFERRED

The Speaker announced that House File 678, previously referred to
committee on appropriations was rereferred to committee on ways
and means.

BILLS 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
bills have 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 14th day of April, 2003 : House Files 456, 601, 623 and 652.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on April 11, 2003, he approved and transmitted to the Secretary of
State the following bills:

House File 180, an Act relating to character education and service learning in Iowa's
elementary and secondary schools.

House File 339, an Act relating to snowmobile franchises by requiring the
repurchase of certain inventory upon termination of a franchise and providing effective
and retroactive applicability dates.

House File 659, an Act relating to ownership of alternate energy production facilities
by public utilities, making related changes, and providing an effective date.

Senate Joint Resolution 1, a Joint Resolution authorizing the temporary use and
consumption of wine in the State Capitol in conjunction with the awards ceremony of
the World Food Prize Foundation.

Senate File 134, an Act relating to the various duties of the county treasurer and
providing an effective date.

Senate File 224, an Act relating to appeals filed in child in need of assistance and
termination of parental rights proceedings.

Senate File 401, an Act relating to tobacco retailers and providing penalties and
providing applicability provisions and an effective date.

Senate File 436, an Act making a supplemental appropriation to the Environment
First Fund from the cash reserve fund and including an effective date.

SUBCOMMITTEE ASSIGNMENT

Senate File 375

Appropriations: Horbach, Chair; Heaton and Smith.


MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON APPROPRIATIONS

Senate File 439, a bill for an act relating to and making appropriations to the
justice system and providing an effective date.

Fiscal note is not required.

Recommended Do Pass April 14, 2003.

COMMITTEE ON COMMERCE, REGULATION AND LABOR

Senate File 180, a bill for an act relating to the procedures for handling
abandoned property and property presumed to be abandoned.

Fiscal note is not required.

Recommended Do Pass April 8, 2003.

Senate File 313, a bill for an act concerning public employee collective
bargaining.

Fiscal note is not required.

Recommended Amend and Do Pass with Amendment H-1326 April 10, 2003.

Senate File 368, a bill for an act relating to advanced telecommunications
services, including modification of rate provisions, economic development promotional
certification, and a study of competition and access charges by the utilities board.

Fiscal note is not required.

Recommended Amend and Do Pass with Amendment H-1327 April 10, 2003.

Senate File 372, a bill for an act relating to the licensing of persons providing
money transmission and currency exchange services, providing penalties, and
providing an effective date.

Fiscal note is not required.

Recommended Do Pass April 10, 2003.

Senate File 386, 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.

Fiscal note is not required.

Recommended Amend and Do Pass with Amendment H-1325 April 10, 2003.

Senate File 405, a bill for an act relating to the authority of a city to acquire
equity interest in business entities for the purpose of participating in electric energy
transmission service.

Fiscal note is not required.

Recommended Do Pass April 10, 2003.

COMMITTEE ON WAYS AND MEANS

Senate File 275, a bill for an act relating to the taxation of utilities, including
establishment of a natural gas delivery tax rate for new electric power generating
plants, establishment of a replacement transmission tax for certain municipal utilities,
methods of allocation of replacement generation tax incurred by certain new stand-
alone electric power generating plants, a formula for determining taxable value for
property generating replacement tax annually, extending the task force, and providing
for applicability.

Fiscal note is not required.

Recommended Do Pass April 14, 2003.

AMENDMENTS FILED

H-1324 H.F. 674 Boddicker of Cedar
Tymeson of Madison
H-1325 S.F. 386 Committee on Commerce,
Regulation and Labor
H-1326 S.F. 313 Committee on Commerce,
Regulation and Labor
H-1327 S.F. 368 Committee on Commerce,
Regulating and Labor
H-1329 H.F. 677 Lukan of Dubuque
H-1330 S.F. 366 Eichhorn of Hamilton
H-1331 S.F. 396 Lalk of Fayette
H-1332 S.F. 393 Stevens of Dickinson
Greiner of Washington
H-1333 S.F. 275 Baudler of Adair
H-1334 H.F. 547 Senate Amendment
H-1335 H.F. 391 Senate Amendment

On motion by Gipp of Winneshiek the House adjourned at 6:04
p.m., until 8:45 a.m., Tuesday, April 15, 2003.


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