House Journal: Tuesday, April 15, 2003
JOURNAL OF THE HOUSE
Ninety-third Calendar Day - Sixty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 15, 2003
The House met pursuant to adjournment at 8:47 a.m., Speaker
Rants in the chair.
Prayer was offered by Bishop Alan Scarfe, Bishop of the Episcopal
Church of Iowa, Des Moines. He was the guest of Representative Rob
Hogg of Linn County.
The Journal of Monday, April 14, 2003 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Speaker Rants.
Prior to convening the House was entertained by the singing of
Paul Olson, Jeff Kessler, Ayron Hyatt, John Sankey and Zach Edge of
the Ankeny High School singers, .Skim Milk.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
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
April 15, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 380, a bill for an act providing for the administration of funds for animal
agriculture, including moneys transferred from and deposited into these funds, and
providing an effective date.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 446, a bill for an act relating to dealership agreements, and providing
for the Act's applicability.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 480, a bill for an act relating to the shelter assistance fund.
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 534, a bill for an act providing for the reorganization of certain state
departments by establishing a department of administrative services, making related
changes, providing penalties, and providing an effective date.
Also: That the Senate has on April 14, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 619, a bill for an act relating to health care including reimbursement of
health care facilities based on resident program eligibility and providing effective dates
and a contingent effective date.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGE CONSIDERED
Senate File 440, by committee on appropriations, a bill for an act
providing for an annual increase in specified state aid to nonpublic
schools under prescribed circumstances.
Read first time and referred to committee on appropriations.
The House stood at ease at 8:52 a.m., until the fall of the gavel.
The House resumed session at 11:12 a.m., Roberts of Carroll in the
chair.
ADOPTION OF HOUSE RESOLUTION 9
Bell of Jasper called up for consideration House Resolution 9, a
resolution supporting a proposal to invite the Republic of China
(Taiwan) to participate in the upcoming meetings of the World Health
Assembly as an observer, and moved its adoption.
The motion prevailed and the resolution was adopted.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 19
Bell of Jasper called up for consideration House Concurrent
Resolution 19, a concurrent resolution urging a congressional
adoption of a free trade agreement between Taiwan and the United
States.
Bell of Jasper offered the following amendment H-1185 filed by
him as follows:
H-1185
1 Amend House Concurrent Resolution 19 as follows:
2 1. Page 1, line 15, by striking the word
3 "imports" and inserting the following: "exports".
Amendment H-1185 was adopted.
On motion by Bell of Jasper, House Concurrent Resolution 19, as
amended, was adopted.
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 15, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 392, a bill for an act relating to economic growth strategic planning.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 557, a bill for an act relating to liability for certain health care facilities
and health care providers participating in the volunteer health care provider program.
Also: That the Senate has on April 15, 2003, amended and passed the following bill
in which the concurrence of the House is asked:
House File 584, a bill for an act providing for exceptions to municipal tort liability
for certain activities.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 634, a bill for an act relating to the conversion of cooperative
associations originally organized as business corporations.
MICHAEL E. MARSHALL, Secretary
CONSIDERATION OF BILLS
Regular Calendar
Senate File 3, a bill for an act relating to the inclusion of certain
information in a termination of pregnancy report, with report of
committee recommending passage, was taken up for consideration.
Carroll of Poweshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 3)
The ayes were, 93:
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Carroll | Chambers | Cohoon | Connors | |
Dandekar | Davitt | De Boef | Dennis | |
Dix | Dolecheck | Drake | Eichhorn | |
Elgin | 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 | |
Maddox | Manternach | McCarthy | Mertz | |
Murphy | Myers | Oldson | Olson, D. | |
Olson, S. | Osterhaus | Paulsen | Petersen | |
Quirk | Raecker | Rants, Spkr. | Rasmussen | |
Rayhons | Reasoner | Sands | Schickel | |
Shoultz | Smith | Stevens | Struyk | |
Swaim | Taylor, D. | Thomas | Tjepkes | |
Tymeson | Upmeyer | Van Engelenhoven Van Fossen, J.K. | |
Van Fossen, J.R. | Watts | Wendt | Whitaker | |
Whitead | Wilderdyke | Winckler | Wise | |
Roberts,
Presiding
|
The nays were, 5: |
|
Fallon | Foege | Mascher | Miller | |
Taylor, T.
|
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 119, a bill for an act relating to real estate appraiser
certification, with report of committee recommending passage, was
Taken up for consideration.
Sands of Louisa 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. 119)
The ayes were, 99: |
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | 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 | Maddox | |
Manternach | Mascher | McCarthy | Mertz | |
Miller | Murphy | Myers | Oldson | |
Olson, D. | Olson, S. | Osterhaus | Paulsen | |
Petersen | Quirk | Raecker | Rants, Spkr. | |
Rasmussen | Rayhons | Reasoner | 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 | Roberts, |
| Presiding |
The nays were, none.
Absent or not voting, 1:
|
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: House
Concurrent Resolution 19 and Senate Files 3 and 119.
Senate File 201, a bill for an act relating to a review of statistical
information compiled by the board of educational examiners from
Praxis II examinations administered to initial, provisional teaching
license applicants, with report of committee recommending passage,
was taken up for consideration.
Chambers of O'Brien 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. 201)
The ayes were, 64: |
|
Alons | Baudler | Bell | Berry | |
Boal | Boddicker | Boggess | Carroll | |
Chambers | Dandekar | De Boef | Dennis | |
Dix | Drake | Eichhorn | Elgin | |
Freeman | Gaskill | Granzow | Greiner | |
Hahn | Hansen | Hanson | Heaton | |
Hoffman | Horbach | Huser | Hutter | |
Jacobs | Jenkins | Jones | Klemme | |
Kurtenbach | Lalk | Lukan | Lykam | |
Maddox | Manternach | Oldson | Olson, S. | |
Paulsen | Petersen | Quirk | Raecker | |
Rants, Spkr. | Rasmussen | Rayhons | Reasoner | |
Sands | Schickel | Smith | Struyk | |
Swaim | Thomas | Tjepkes | Tymeson | |
Upmeyer | Van Engelenhoven | Van Fossen, J.K. | Van Fossen, J.R. | |
Watts | Whitaker | Wilderdyke | Roberts, | |
| | Presiding | |
The nays were, 33: |
|
Arnold | Bukta | Cohoon | Connors | |
Davitt | Dolecheck | Fallon | Foege | |
Ford | Frevert | Greimann | Heddens | |
Hogg | Hunter | Jochum | Kuhn | |
Lensing | Mascher | McCarthy | Mertz | |
Miller | Murphy | Myers | Olson, D. | |
Osterhaus | Shoultz | Stevens | Taylor, D. | |
Taylor, T. | Wendt | Whitead | Winckler | |
Wise
|
Absent or not voting, 3:
|
Gipp | Huseman | Kramer | |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Senate File 236, a bill for an act relating to the time periods that
unclaimed demutualization proceeds and wages are presumed to be
abandoned and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
|
Jacobs of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
|
On the question "Shall the bill pass?" (S.F. 236)
The ayes were, 95: |
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Bukta | Carroll | Chambers | Cohoon | |
Connors | Dandekar | Davitt | De Boef | |
Dennis | Dix | Dolecheck | Drake | |
Elgin | Fallon | Foege | Ford | |
Freeman | Frevert | Gaskill | Granzow | |
Greimann | Greiner | Hahn | Hansen | |
Hanson | Heaton | Heddens | Hoffman | |
Hogg | Horbach | Hunter | Huser | |
Hutter | Jacobs | Jenkins | Jochum | |
Jones | Klemme | Kuhn | Kurtenbach | |
|
Lalk | Lensing | Lukan | Lykam |
Maddox | Manternach | Mascher | Mertz |
Miller | Murphy | Myers | Oldson |
Olson, D. | Olson, S. | Osterhaus | Paulsen |
Petersen | Quirk | Raecker | Rants, Spkr. |
Rasmussen | Rayhons | Reasoner | 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 | Roberts, |
| Presiding |
The nays were, 2: |
|
Eichhorn | McCarthy | |
Absent or not voting, 3: |
|
Gipp | Huseman | Kramer | |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Klemme of Plymouth asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 201 and 236.
On motion by Klemme of Plymouth, the House was recessed at
11:45 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Horbach of Tama in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-nine members present, thirty-
one absent.
|
|
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 15, 2003, amended and passed the following bill in which the concurrence of the
House was asked:
House File 529, a bill for an act directing the mental health and developmental
disabilities commission to make recommendations for redesigning the mental health
and developmental disabilities services system for adults and children and providing
an effective date.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the Senate is asked:
House File 551, a bill for an act providing for a fee for transporting an inmate for
medical or dental care.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 604, a bill for an act requiring state government annual reports made to
the general assembly to include certain financial information.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the Senate was asked:
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.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 648, a bill for an act relating to the consolidation of the management of
state archives and records and making conforming changes.
Also: That the Senate has on April 15, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 352, a bill for an act relating to the training of an individual who
intends to become certified as a law enforcement officer.
MICHAEL E. MARSHALL, Secretary
CONSIDERATION OF BILLS
Regular Calendar
Senate File 303, a bill for an act relating to the contents of
certain child abuse assessment reports, with report of committee
recommending passage, was taken up for consideration.
Roberts of Carroll in the chair at 1:09 p.m.
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. 303)
The ayes were, 97: |
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Bukta | Carroll | Chambers | Cohoon | |
Connors | Dandekar | Davitt | De Boef | |
Dennis | Dix | Dolecheck | 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 | 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 | 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 | |
Roberts,
Presiding
The nays were, none.
|
Absent or not voting, 3:
|
Drake | Huseman | Kramer | |
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
Senate File 303 be immediately messaged to the Senate.
Senate File 351, a bill for an act relating to child care
requirements involving prohibitions against involvement with child
care, record checks and evaluations performed by the department of
human services, eligibility for state assistance, and child care fraud
program sanctions, and making penalties applicable, with report of
committee recommending amendment and passage, was taken up for
consideration.
Granzow of Hardin offered the following amendment H-1245 filed
by the committee on human resources and moved its adoption:
H-1245
1 Amend Senate File 351, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, line 31, by striking the words "may
4 shall" and inserting the following: "may".
The committee amendment H-1245 was adopted.
Granzow of Hardin 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. 351)
The ayes were, 98: |
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | 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 | |
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 | 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 Roberts,
Presiding
The nays were, none.
|
Absent or not voting, 2:
|
Huseman | Kramer | |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Senate File 379, a bill for an act relating to certain agricultural
liens, with report of committee recommending amendment and
passage, was taken up for consideration.
Rayhons of Hancock offered the following amendment H-1246 filed
by the committee on agriculture and moved its adoption:
|
H-1246
1 Amend Senate File 379, as passed by the Senate, as
2 follows:
3 1. Page 4, line 33, by inserting after the word
4 "perfected." the following: "However, a landlord's
5 lien that is perfected pursuant to section 570.1 shall
6 have priority over a conflicting agricultural supply
7 dealer's lien as provided in section 570.1, and a
8 harvester's lien that is perfected pursuant to section
9 571.3 shall have priority over a conflicting
10 agricultural supply dealer's lien as provided in
11 section 571.3A."
12 2. Page 5, by striking lines 5 through 20.
13 3. Page 7, by striking lines 11 through 21, and
14 inserting the following: "is perfected. A perfected
15 harvester's lien shall have priority over a
16 conflicting landlord's lien as provided in chapter
17 570, regardless of when such landlord's lien is
18 perfected."
19 4. By striking page 8, line 20, through page 9,
20 line 1, and inserting the following: "interest or
21 lien in livestock treated by a veterinarian,
22 regardless of when such security interest or lien is
23 perfected."
The committee amendment H-1246 was adopted.
Rayhons of Hancock 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. 379)
The ayes were, 98: |
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Bukta | Carroll | Chambers | Cohoon | |
Connors | Dandekar | Davitt | De Boef | |
Dennis | Dix | Dolecheck | Drake | |
Eichhorn | Elgin | allon | 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 | Rants, Spkr. | Rasmussen | |
Rayhons | Reasoner | 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 | Roberts, | |
Presiding | |
The nays were, none.
|
Absent or not voting, 2:
|
Huseman | Huser | |
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 351 and 379.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Huser of Polk, until her return, on request of T. Taylor of Linn.
Senate File 340, a bill for an act relating to business entities,
based on revisions related to the Iowa business corporation Act,
including addition of a savings clause and addition of provisions
related to director and officer liability, duty, and indemnification for
certain insurance companies and indemnification for cooperative
associations, with report of committee recommending passage, was
taken up for consideration.
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?" (S.F. 340)
The ayes were, 95: |
|
Arnold | Baudler | Bell | Berry | |
Boddicker | Boggess | Bukta | Carroll | |
Chambers | Cohoon | Connors | Dandekar | |
Davitt | De Boef | Dennis | Dix | |
Dolecheck | Drake | Eichhorn | Elgin | |
Fallon | Foege | Ford | Freeman | |
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 | Rants, Spkr. | |
Rasmussen | Rayhons | Reasoner | 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 | Roberts, | |
Presiding | |
|
The nays were, 1: |
Absent or not voting, 4: |
|
Alons | Boal | Huseman | Huser | |
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:
Raecker of Polk, until his return, on request of Gipp of Winneshiek.
Senate File 395, a bill for an act relating to assistance services
provided to the department of agriculture and land stewardship,
including for the filing of documents and the payment of fees and civil
penalties, and the authorization to assess additional charges, 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. 395)
The ayes were, 94: |
|
Arnold | Baudler | Bell | Berry | |
Boddicker | Boggess | Bukta | Carroll | |
Chambers | Cohoon | Connors | Dandekar | |
Davitt | De Boef | Dennis | Dix | |
Dolecheck | Drake | Eichhorn | Elgin | |
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 | Rants, Spkr. | Rasmussen | |
Rayhons | Reasoner | 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 | Roberts, | |
Presiding | |
The nays were, 1: |
Fallon
|
Absent or not voting, 5: |
|
Alons | Boal | Huseman | Huser | |
Raecker
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Jacobs of Polk asked and received unanimous consent that Senate
File 395 be immediately messaged to the Senate.
Senate File 394, a bill for an act relating to the regulation of the
grain industry, and making penalties applicable, with report of
committee recommending passage, was taken up for consideration.
Rayhons of Hancock 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. 394)
The ayes were, 98: |
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | 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 | Rants, Spkr. | Rasmussen | |
Rayhons | Reasoner | 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 | Roberts, | |
Presiding | |
The nays were, none. | |
|
Absent or not voting, 2: |
|
Huseman | Huser | |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
|
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, with report of committee recommending
amendment and passage, was taken up for consideration.
Lalk of Fayette offered the following amendment H-1247 filed by
the committee on agriculture and moved its adoption:
H-1247
1 Amend Senate File 396, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 7, the
4 following:
5 "Sec. . EFFECTIVE DATE. This Act, being deemed
6 of immediate importance, takes effect upon enactment."
7 2. Title page, line 1, by striking the word
8 "pullets" and inserting the following: "fowl".
9 3. Title page, line 3, by inserting after the
10 word "Act" the following: ", and providing an
11 effective date".
12 4. By renumbering as necessary.
The committee amendment H-1247 was adopted.
Lalk of Fayette offered the following amendment H-1331 filed by
him and moved its adoption:
H-1331
1 Amend Senate File 396, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 3, by striking the word "sixty-
4 eight" and inserting the following: "one hundred
5 twelve".
6 2. Page 1, line 4, by striking the word "sixty-
7 eight" and inserting the following: "one hundred
8 twelve".
9 3. Page 1, line 6, by striking the word "twenty"
10 and inserting the following: "forty-eight".
11 4. Page 1, line 7, by striking the word "twenty"
12 and inserting the following: "forty-eight".
Amendment H-1331 was adopted.
Lalk of Fayette 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. 396)
The ayes were, 98: |
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | 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 | Rants, Spkr. | Rasmussen | |
Rayhons | Reasoner | 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 | Roberts, | |
Presiding | |
The nays were, none. | |
|
Absent or not voting, 2: |
|
Huseman | Huser | |
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Senate File 416, a bill for an act relating to an emergency shelter
and support services demonstration project relating to dependent
adults, with report of committee recommending amendment and
passage, was taken up for consideration.
Upmeyer of Hancock offered the following amendment H-1300
filed by the committee on human resources and moved its adoption:
H-1300
1 Amend Senate File 416, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 231.56A ELDER ABUSE
6 EMERGENCY SHELTER AND SUPPORT SERVICES PROJECTS.
7 1. Through the state's service contract process
8 adopted pursuant to section 8.47, the department shall
9 identify area agencies on aging that have demonstrated
10 the ability to provide a collaborative response to the
11 immediate needs of elders in the area agency on aging
12 service area for the purpose of implementing elder
13 abuse emergency shelter and support services projects.
14 The projects shall be implemented only in the counties
15 within an area agency on aging service area that have
16 a multidisciplinary team established pursuant to
17 section 235B.1.
18 2. The target population of the projects shall be
19 any elder residing in the service area of an area
20 agency on aging who meets both of the following
21 conditions:
22 a. Is the subject of a report of suspected
23 dependent adult abuse pursuant to chapter 235B.
24 b. Is not receiving assistance under a county
25 management plan approved pursuant to section 331.439.
26 3. The area agencies on aging implementing the
27 projects shall identify allowable emergency shelter
28 and support services, state funding, outcomes,
29 reporting requirements, and approved community
30 resources from which services may be obtained under
31 the projects. The area agency on aging shall identify
32 at least one provider of case management services for
33 the project area.
34 4. The area agencies on aging shall implement the
35 projects and shall coordinate the provider network
36 through the use of referrals or other engagement of
37 community resources to provide services to elders.
38 5. The department shall award funds to the area
39 agencies on aging in accordance with the state's
40 service contract process. Receipt and expenditures of
41 moneys under the projects are subject to examination,
42 including audit, by the department.
43 6. This section shall not be construed and is not
44 intended as, and shall not imply, a grant of
45 entitlement for services to individuals who are not
46 otherwise eligible for the services or for utilization
47 of services that do not currently exist or are not
48 otherwise available.
49 Sec. 2. Section 235B.3, subsection 5, Code 2003,
50 is amended to read as follows:
Page 2
1 5. Following the reporting of suspected dependent
2 adult abuse, the department of human services or an
3 agency approved by the department shall complete an
4 assessment of necessary services and shall make
5 appropriate referrals for receipt of these services.
6 The assessment shall include interviews with the
7 dependent adult, and, if appropriate, with the alleged
8 perpetrator of the dependent adult abuse and with any
9 person believed to have knowledge of the circumstances
10 of the case. The department may provide necessary
11 protective services and may establish a sliding fee
12 schedule for those persons able to pay a portion of
13 the protective services.
14 Sec. 3. Section 235B.6, subsection 2, paragraph c,
15 Code 2003, is amended by adding the following new
16 subparagraph:
17 NEW SUBPARAGRAPH. (8) An employee of an agency
18 requested by the department to provide case management
19 or other services to the dependent adult.
20 Sec. 4. Section 235B.6, subsection 2, paragraph e,
21 Code 2003, is amended by adding the following new
22 subparagraph:
23 NEW SUBPARAGRAPH. (10) The long-term care
24 resident's advocate if the victim resides in a long-
25 term care facility or the alleged perpetrator is an
26 employee of a long-term care facility.
27 Sec. 5. Section 235B.6, subsection 3, Code 2003,
28 is amended to read as follows:
29 3. Access to unfounded dependent adult abuse
30 information is authorized only to those persons
31 identified in subsection 2, paragraph "a", paragraph
32 "b", subparagraphs (2), (5), and (6), and paragraph
33 "e", subparagraph subparagraphs (2) and (10).
34 Sec. 6. Section 235B.9, subsections 1, 2, and 3,
35 Code 2003, are amended to read as follows:
36 1. Dependent adult abuse information relating to a
37 particular case of suspected dependent adult abuse
38 which is determined by a preponderance of the evidence
39 to be founded, shall be sealed ten years after the
40 receipt of the initial report of such abuse by the
41 registry unless good cause is shown why the
42 information should remain open to authorized access.
43 If a subsequent report of a suspected case of founded
44 dependent adult abuse involving the adult named in the
45 initial report as the victim of abuse or a person
46 named in such report as having abused an adult is
47 received by the registry within the ten-year period,
48 the information shall be sealed ten years after
49 receipt of the subsequent report unless good cause is
50 shown why the information should remain open to
|
Page 3
1 authorized access.
2 2. Dependent adult abuse information which cannot
3 be determined by a preponderance of the evidence to be
4 founded or unfounded shall be expunged one year after
5 the receipt of the initial report of abuse and
6 dependent adult abuse information which is determined
7 by a preponderance of the evidence to be unfounded
8 shall be expunged immediately when one year from the
9 date it is determined to be unfounded.
10 3. However, if a correction of dependent adult
11 abuse information is requested under section 235B.10
12 and the issue is not resolved at the end of one year
13 the information shall be retained until the issue is
14 resolved and if the dependent adult abuse information
15 is not determined to be founded, the information shall
16 be expunged immediately when one year from the date it
17 is determined to be unfounded."
18 2. Title page, line 1, by striking the words "to
19 an" and inserting the following: "to dependent adult
20 abuse including elder abuse".
21 3. Title page, by striking line 2 and inserting
22 the following: "projects".
The committee amendment H-1300 was adopted.
Upmeyer of Hancock 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. 416)
The ayes were, 98:
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | 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 | Rants, Spkr. | Rasmussen | |
Rayhons | Reasoner | 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 | Roberts, | |
| Presiding | |
The nays were, none. | |
|
Absent or not voting, 2: |
|
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
Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: Senate Files
394, 396 and 416.
Senate File 393, a bill for an act relating to the agricultural
development authority by providing for its organization and
administration, with report of committee recommending passage, was
taken up for consideration.
Stevens of Dickinson offered amendment H-1332 filed by him and
Greiner of Washington as follows:
H-1332
1 Amend Senate File 393, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 23, by striking the word "eleven"
4 and inserting the following: "eleven ten".
Greiner of Washington offered the following amendment H-1344,
to amendment H-1332, filed by Greiner, Stevens of Dickinson, Drake
of Pottawattamie, Mertz of Kossuth and Kuhn of Floyd from the floor
and moved its adoption:
H-1344
1 Amend the amendment H-1332, to Senate File 393, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 2, the
5 following:
6 " . Page 1, by striking lines 1 and 2, and
7 inserting the following:
8 "Sec. . Section 7E.7, subsection 2, Code 2003,
9 is amended to read as follows:
10 2. The agricultural development authority as
11 established in section 175.3 shall be considered part
12 of the department of agriculture and land stewardship.
13 The department of agriculture and land stewardship
14 office of treasurer of state. The office may provide
15 staff assistance and administrative support to the
16 authority."
17 . Page 1, by striking lines 5 through 7, and
18 inserting the following:
19 "1. a. The agricultural development authority is
20 established within the department of agriculture and
21 land stewardship office of treasurer of state. The
22 authority is constituted as a public"."
23 2. By renumbering as necessary.
Amendment H-1344 was adopted.
On motion by Stevens of Dickinson, amendment H-1332, as
amended, 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?" (S.F. 393)
|
The ayes were, 92: |
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Bukta | Carroll | Chambers | Cohoon | |
Connors | Dandekar | Davitt | De Boef | |
Dennis | Dix | Dolecheck | Drake | |
Eichhorn | Elgin | Fallon | Foege | |
Ford | Freeman | Frevert | Gaskill | |
Gipp | Granzow | Greiner | Hahn | |
Hansen | Hanson | Heaton | Heddens | |
Hoffman | Hogg | Horbach | Hutter | |
Jacobs | Jenkins | Jochum | Jones | |
Klemme | Kramer | Kuhn | Kurtenbach | |
Lalk | Lensing | Lukan | Lykam | |
Maddox | Manternach | Mascher | Mertz | |
Miller | Murphy | Myers | Oldson | |
Olson, S. | Osterhaus | Paulsen | Petersen | |
Quirk | Raecker | Rants, Spkr. | Rasmussen | |
Rayhons | 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 | Wise | Roberts, | |
| | Presiding | |
The nays were, 3: |
|
McCarthy | Olson, D. | Reasoner | |
|
Absent or not voting, 5: |
|
Greimann | Hunter | Huseman | Huser | |
Winckler
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Jacobs of Polk asked and received unanimous consent that Senate
File 393 be immediately messaged to the Senate.
MOTIONS TO RECONSIDER
(Senate File 340)
I move to reconsider the vote by which Senate File 340 passed the
House on April 15, 2003.
RAECKER of Polk
I move to reconsider the vote by which Senate File 340 passed the
House on April 15, 2003.
KUHN of Floyd
|
|
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 15,
2003. Had I been present, I would have voted "aye" on Senate Files
340 and 395.
ALONS of Sioux
I was necessarily absent from the House chamber on April 15,
2003. Had I been present, I would have voted "aye" on Senate Files
340 and 395.
BOAL of Polk
I was necessarily absent from the House chamber on April 10 and
April 14, 2003. Had I been present, I would have voted "aye" on
House File 541, Senate Files 155 and 397 and "nay" on House Files
654, 667 and Senate File 172.
BUKTA of Clinton
I was necessarily absent from the House chamber on April 15,
2003. Had I been present, I would have voted "aye" on Senate Files
340, 79, 394, 395, 396 and 416 and "nay" on Senate File 393.
HUSER of Polk
I was necessarily absent from the House chamber on April 15,
2003. Had I been present, I would have voted "aye" on Senate File
395.
RAECKER of Polk
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 15th day of April, 2003: House Files 411 and 412.
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 14, 2003, he approved and transmitted to the Secretary of
State the following bills:
House File 85, an Act relating to the tip-up fishing in the waters of the Missouri
and Big Sioux Rivers and subjecting violators to an existing penalty.
House File 381, an Act relating to anatomical gifts including bone marrow and
organ donation by state employees and grants from the Anatomical Gift Public
Awareness and Transplantation Fund.
House File 396, an Act relating to disaster preparedness and providing an effective
date.
House File 472, an Act appropriating federal funds made available from federal
block grants and other federal grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than anticipated or if federal
block grants are more or less than anticipated.
House File 612, an Act relating to the exemption from land ownership restrictions
for nonresident aliens under the New Jobs and Income Program.
House File 636, an Act relating to legislative branch consolidation of functions by
combining the Legislative Service Bureau, Legislative Fiscal Bureau, and Legislative
Computer Support Bureau into a single central legislative staff agency, providing for
legislative publications procedures, modifying the sales tax exemption for items sold or
services provided by the new agency, including related matters, and providing an
effective date.
Senate File 237, an Act relating to fees charged to certain private water supply
contractors, establishing a private water supply system account within the Water
Quality Protection Fund, and appropriating moneys in the account.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Students from Hubbard/Radcliffe School, Radcliffe, Iowa,
accompanied by Ona Mae Lettow and Brett Comyges. By Granzow of
Hardin.
COMMUNICATION RECEIVED
The following communication was received and filed in the office of
the Chief Clerk:
IOWA COMMUNICATIONS NETWORK
The fiscal year 2002 annual report, pursuant to Chapter 8D.3, Code of Iowa.
AMENDMENTS FILED
H-1336 H.F. 534 Senate Amendment
H-1337 H.F. 584 Senate Amendment
H-1338 S.F. 313 Wise of Lee
H-1339 S.F. 439 Horbach of Tama
Lukan of Dubuque
H-1340 H.F. 677 Jochum of Dubuque
H-1341 H.F. 679 Jochum of Dubuque
H-1342 H.F. 529 Senate Amendment
H-1343 S.F. 439 Horbach of Tama
Lukan of Dubuque
H-1345 H.F. 534 Elgin of Linn
H-1346 S.F. 392 Manternach of Jones
H-1347 S.F. 392 Kuhn of Floyd
H-1348 S.F. 392 Kuhn of Floyd
On motion by Jacobs of Polk the House adjourned at 2:48 p.m.,
until 8:45 a.m., Wednesday, April 16, 2003.
© 2003 Cornell College and
League of Women Voters of Iowa
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