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House Journal: Monday, April 21, 2003

JOURNAL OF THE HOUSE

Ninety-ninth Calendar Day - Seventieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 21, 2003

The House met pursuant to adjournment at 1:00 p.m., Speaker
Rants in the chair.

Prayer was offered by Reverend Darrell Weber, pastor of Zion
Evangelical and Reformed Church, Garner. He was the guest of
Representative Linda Upmeyer of Hancock County.

The Journal of Friday, April 18, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Speaker Rants.

ADOPTION OF HOUSE RESOLUTION 47

Schickel of Cerro Gordo called up for consideration House
Resolution 47, a resolution honoring the City of Mason City on its
sesquicentennial year, and moved its adoption.

The motion prevailed and the resolution was adopted.

ADOPTION OF HOUSE RESOLUTION 44

Dennis of Black Hawk, Jenkins of Black Hawk, Shoultz of Black
Hawk and Berry of Black Hawk called up for consideration House
Resolution 44, a resolution congratulating the University of
Northern Iowa Panthers Women’s Volleyball Team, and moved its
adoption.

The motion prevailed and the resolution was adopted.

SPECIAL PRESENTATION

Dennis of Black Hawk introduced to the House the coach of the
Panthers, Bobbi Petersen, who introduced the Panthers Women’s
Volleyball team and their staff.

The House rose and expressed its welcome.

On motion by Gipp of Winneshiek, the House was recessed at 1:19
p.m., until 5:00 p.m.

AFTERNOON SESSION

The House reconvened at 5:04 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 seventy-members present, thirty
absent.

INTRODUCTION OF BILL

House File 688, by committee on ways and means, a bill for an
act relating to biodiesel fuel, including by providing for financial
assistance and biodiesel fuel tax credits and providing an
applicability date.

Read first time and placed on the ways and means calendar.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 21, 2003, amended and passed the following bill in which the concurrence of the
House is asked:

House File 400, a bill for an act relating to providing probationer and parolee
information to local law enforcement agencies and the state department of
transportation.

Also: That the Senate has on April 21, 2003, amended and passed the following bill
in which the concurrence of the House is asked:

House File 454, a bill for an act relating to mandatory universal newborn and
infant hearing screening.

Also: That the Senate has on April 21, 2003, amended and passed the following bill
in which the concurrence of the House is asked:

House File 457, a bill for an act expanding requirements for the transition of an
individual from the child welfare services system to adulthood.


Also: That the Senate has on April 21, 2003, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

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.

MICHAEL E. MARSHALL, Secretary

SENATE AMENDMENTS CONSIDERED

Klemme of Plymouth called up for consideration House File 516,
a bill for an act relating to composition and responsibilities of the
Iowa comprehensive petroleum underground storage tank fund board,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-1322:

H-1322

1 Amend House File 516, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by inserting after line 25, the
4 following:
5 "Sec. . Section 455G.6, Code 2003, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 17. The board may adopt rules
8 pursuant to chapter 17A providing for the transfer of
9 all or a portion of the liabilities of the board under
10 this chapter. Notwithstanding other provisions to the
11 contrary, the board, upon such transfer, shall not
12 maintain any duty to reimburse claimants under this
13 chapter for those liabilities transferred."
14 2. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1322.

Klemme of Plymouth 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. 516)

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 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 Quirk Raecker Rasmussen
Rayhons Reasoner Roberts Sands
Schickel Shoultz Smith Stevens
Struyk Swaim Taylor, D. Taylor, T.
Thomas Tjepkes Tymeson Upmeyer
Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts
Wendt Whitaker Whitead Wilderdyke
Winckler Wise Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 1:
Hansen

 


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

Carroll of Poweshiek in the chair at 5:17 p.m.

Wise of Lee called up for consideration 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, amended by the Senate, and moved that the House
concur in the following Senate amendment H-1335:

H-1335

1 Amend House File 391, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 6, by striking the word "three"

4 and inserting the following: "two".
5 2. Page 2, line 10, by striking the word "pilot".
6 3. Page 2, line 31, by striking the figure "2008"
7 and inserting the following: "2007".
8 4. Page 2, by inserting after line 31 the
9 following:
10 "c. The selection of a cogeneration project under
11 this program does not authorize an electric utility to
12 furnish or offer to furnish electric services to the
13 public outside its assigned area of service
14 established under sections 476.22 through 476.26."
15 5. Page 2, line 32, by striking the figure "2008"
16 and inserting the following: "2007".
17 6. Page 2, line 35, by striking the figure "2008"
18 and inserting the following: "2007".
19 7. By renumbering, relettering, or redesignating
20 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1335.

Wise of Lee 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. 391)

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
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
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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 1:
Hansen

 


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

Heaton of Henry called up for consideration 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, amended by the Senate, and
moved that the House concur in the following Senate amendment H-
1342:

H-1342

1 Amend House File 529, as passed by the House, as
2 follows:
3 1. Page 1, lines 9 and 10, by striking the words
4 "and children".
5 2. Page 2, by striking line 15 and inserting the
6 following:
7 "The commission shall include a process by which
8 funding follows the covered individual among the
9 options considered, including but not limited to the
10 following:"
11 3. By striking page 4, line 14, through page 5,
12 line 14, and inserting the following:
13 "4. ADDRESS THE LEGAL SETTLEMENT PROCESS.
14 The commission shall consider options for
15 addressing the deficiencies in the legal settlement
16 process currently used for determining governmental
17 financial liability for service costs. The options
18 considered may include but are not limited to
19 providing for a transition to a system that provides
20 for service access based upon an individual's
21 residency."


22 4. Title page, line 4, by striking the words "and
23 children".

The motion prevailed and the House concurred in the Senate
amendment H-1342.

Heaton of Henry 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. 529)

The ayes were, 87:
Alons Arnold Baudler Bell
Boal Boddicker Boggess Bukta
Chambers Cohoon Dandekar Davitt
De Boef Dennis Dix Dolecheck
Drake Eichhorn Elgin Fallon
Foege Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Huseman Huser Hutter Jacobs
Jenkins Jones Klemme Kramer
Kuhn Kurtenbach Lalk Lukan
Lykam Maddox Manternach McCarthy
Mertz Miller Myers Oldson
Olson, S. Paulsen Petersen Quirk
Raecker Rants, Spkr. Rasmussen Rayhons
Reasoner Roberts Sands Schickel
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 Wise Carroll,
Presiding

 


The nays were, 13:
Berry Connors Ford Hunter
Jochum Lensing Mascher Murphy
Olson, D. Osterhaus Shoultz Taylor, T.
Winckler

 


Absent or not voting, none.

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

Elgin of Linn called up for consideration 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,
amended by the Senate amendment H-1336 as follows:

H-1336

1 Amend House File 534, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 15, by striking the word
4 "public".
5 2. Page 3, line 18, by striking the word
6 "enterprisewide".
7 3. Page 3, line 21, by striking the words "the
8 enterprise" and inserting the following: "state
9 government".
10 4. Page 8, line 27, by inserting after the word
11 "approving" the following: ", on an annual basis,".
12 5. Page 8, line 28, by striking the word
13 "service.", and inserting the following: "service,
14 the procedure for resolving complaints concerning the
15 service provided, and the procedure for setting rates
16 for the service. In addition, if the service to be
17 provided may also be provided to the judicial branch
18 and legislative branch, then the rules shall provide
19 that the chief justice of the supreme court and the
20 legislative council may, in their discretion, each
21 appoint a member to the applicable customer council."
22 6. Page 8, by striking line 32 and inserting the
23 following: "biennial review by the appropriate
24 customer council of the decision made by the
25 department that the department should be the sole
26 provider of a service."
27 7. Page 8, by inserting before line 33 the
28 following:
29 "4. The department shall annually prepare a
30 listing separately identifying services to be provided
31 by the department and funded by an appropriation,
32 services to be provided by the department and funded
33 by the governmental entity receiving the service, and
34 services which the department is authorized to provide
35 but which governmental entities may provide on their
36 own or obtain from another provider of the service."
37 8. By striking page 8, line 35, through page 9,
38 line 2, and inserting the following:
39 "1. The director shall enter into agreements with
40 state agencies, and may enter into agreements with any
41 other governmental entity, to furnish services and
42 facilities of the department to the applicable

43 governmental entity. The".
44 9. Page 9, by inserting after line 8 the
45 following:
46 "3. The state board of regents shall not be
47 required to obtain any service for the state board of
48 regents or any institution under the control of the
49 state board of regents that is provided by the
50 department pursuant to this chapter without the

Page 2

1 consent of the state board of regents."
2 10. Page 9, line 9, by striking the word
3 "REVOLVING", and inserting the following: "INTERNAL
4 SERVICE".
5 11. Page 9, by striking lines 10 through 17 and
6 inserting the following:
7 "1. Activities of the department shall be
8 accounted for within the general fund of the state,
9 except that the director may establish and maintain
10 internal service funds in accordance with generally
11 accepted accounting principles, as defined in section
12 8.57, subsection 4, for activities of the department
13 which are primarily funded from billings to
14 governmental entities for services rendered by the
15 department. The establishment of an internal service
16 fund is subject to the approval of the director of the
17 department of management and the concurrence of the
18 auditor of state. At least ninety days prior to the
19 establishment of an internal service fund pursuant to
20 this section, the director shall notify in writing the
21 general assembly, including the legislative council,
22 legislative fiscal committee, and the legislative
23 fiscal bureau.
24 2. Internal service funds shall be administered by
25 the department and shall consist of moneys collected
26 by the department from billings issued in accordance
27 with section 8A.125 and any other moneys obtained or
28 accepted by the department, including but not limited
29 to gifts, loans, donations, grants, and contributions,
30 which are designated to support the activities of the
31 individual internal service funds."
32 12. Page 9, line 19, by striking the words "a
33 revolving" and inserting the following: "an internal
34 service".
35 13. Page 9, by striking lines 23 and 24 and
36 inserting the following:
37 "3. The proceeds of an internal service fund
38 established pursuant to this section shall be used by
39 the".
40 14. Page 9, line 28, by striking the words "a
41 revolving", and inserting the following: "an internal

42 service".
43 15. Page 9, line 34, by striking the letter "c.",
44 and inserting the following: "4."
45 16. Page 9, line 34, by striking the word
46 "revolving", and inserting the following: "internal
47 service".
48 17. Page 10, by striking line 3 and inserting the
49 following:
50 "5. a. The director shall annually provide

Page 3

1 internal service fund".
2 18. Page 10, line 9, by striking the figure
3 "(2)", and inserting the following: "b."
4 19. Page 10, line 10, by striking the word and
5 figure "January 31", and inserting the following:
6 "October 1".
7 20. Page 10, line 12, by striking the words "a
8 revolving", and inserting the following: "an internal
9 service".
10 21. Page 10, by striking lines 14 through 20.
11 22. Page 11, line 3, by inserting after the word
12 "costs" the following: "which have not been funded by
13 an appropriation to the department".
14 23. Page 11, lines 25 and 26, by striking the
15 words "a revolving", and inserting the following: "an
16 internal service".
17 24. Page 11, line 27, by striking the word
18 "revolving", and inserting the following: "internal
19 service".
20 25. Page 13, line 11, by inserting after the word
21 "systems" the following: "and capitol complex
22 security systems in use for the legislative branch".
23 26. Page 13, by inserting after line 15, the
24 following:
25 "g. A judicial district department of correctional
26 services established pursuant to section 905.2".
27 27. Page 30, line 2, by inserting after the word
28 "purchased" the following: "by state agencies".
29 28. Page 30, line 6, by inserting after the word
30 "law." the following: "However, items of general use
31 may be purchased through the department by any
32 governmental entity."
33 29. Page 31, line 35, by inserting after the
34 figure "3." the following: "a."
35 30. Page 32, by inserting after line 5 the
36 following:
37 "b. Architectural and engineering services shall
38 be procured in a reasonable manner, as the director by
39 rule may determine, on the basis of competence and
40 qualification for the type of services required and

41 for a fair and reasonable price."
42 31. Page 55, by striking lines 27 through 28.
43 32. Page 55, line 29, by striking the figure "4."
44 and inserting the following: "3."
45 33. Page 63, line 2, by striking the word "as",
46 and inserting the following: "if such policies are
47 otherwise".
48 34. Page 107, by striking line 15, and inserting
49 the following: "shall be paid at the rate established
50 by section 18.117 8A.363 for".

Page 4

1 35. Page 107, line 18, by inserting after the
2 word "session" the following: "unless the general
3 assembly otherwise provides".
4 36. Page 107, by striking lines 19 through 31.
5 37. Page 107, by inserting before line 32, the
6 following:
7 "Sec. . Section 2.43, unnumbered paragraph 1,
8 Code 2003, is amended to read as follows:
9 The legislative council in cooperation with the
10 officers of the senate and house shall have the duty
11 and responsibility for preparing for each session of
12 the general assembly. Pursuant to such duty and
13 responsibility, the legislative council shall assign
14 the use of areas in the state capitol except for the
15 areas used by the governor as of January 1, 1986, and
16 by the courts as of November 1, 2002 July 1, 2003,
17 and, in consultation with the director of the
18 department of general services and the capitol
19 planning commission, may assign areas in other state
20 office buildings for use of the general assembly or
21 legislative agencies. The legislative council may
22 authorize the renovation, remodeling and preparation
23 of the physical facilities used or to be used by the
24 general assembly or legislative agencies subject to
25 the jurisdiction of the legislative council and award
26 contracts pursuant to such authority to carry out such
27 preparation. The legislative council may purchase
28 supplies and equipment deemed necessary for the proper
29 functioning of the legislative branch of government."
30 38. Page 108, by striking lines 2 through 11.
31 39. By striking page 109, line 6, through page
32 112, line 8.
33 40. Page 114, by striking lines 25 through 34.
34 41. Page 118, by striking line 9, and inserting
35 the following: "revenue and finance certify that
36 the".
37 42. Page 118, line 18, by striking the words
38 "administrative services", and inserting the
39 following: "management for deposit in the innovations

40 fund".
41 43. Page 119, by striking lines 16 through 22.
42 44. By striking page 125, line 18, through page
43 126, line 2.
44 45. Page 126, by striking lines 3 through 12.
45 46. Page 130, by striking lines 2 and 3 and
46 inserting the following:
47 "Sec. . Section 70A.38, subsection 8, Code
48 2003, is amended to read as follows:
49 8. This section is repealed June 30, 2003 2008."
50 47. Page 179, by inserting after line 13, the

Page 5

1 following:
2 "Sec. . DEPARTMENT PROGRESS REPORTS. The
3 department of administrative services shall report to
4 the committees on government oversight of the senate
5 and house of representatives on or before each July 31
6 and January 31 between July 1, 2003, and February 1,
7 2006, regarding the activities of the department in
8 implementing the requirements of this Act, including
9 but not limited to the department's decisions
10 concerning which services should be provided solely by
11 the department and which services should be available
12 from a variety of providers."
13 48. Page 179, by inserting after line 17 the
14 following:
15 "__. "Agency" or "state agency" means as defined
16 in section 8A.101. "Agency" includes the state board
17 of regents subject to the requirements of section
18 8A.122."
19 49. Page 179, by striking line 24 and inserting
20 the following: "state agencies and other entities
21 to".
22 50. Page 179, line 27, by striking the words
23 "government entities and", and inserting the
24 following: "agencies. Managed competition".
25 51. Page 179, line 28, by inserting after the
26 word "providers" the following: ", which may be state
27 agencies or nongovernmental entities,".
28 52. Page 179, line 28, by inserting after the
29 word "service" the following: "to state agencies".
30 53. Page 179, by striking line 31 and inserting
31 the following:
32 "2. The following duties relating to state
33 administrative services shall be performed, subject to
34 the requirements of chapter 8A, as provided by this
35 subsection:
36 a. (1) The department of administrative services
37 shall, pursuant to the requirements of this section,
38 select a designated state service and conduct a pilot

39 project to determine the feasibility of conducting a
40 managed competition for delivery of the service and
41 shall submit a report, with its findings and
42 recommendations, to the legislative fiscal bureau and
43 the committees on government oversight of the senate
44 and house of representatives by July 1, 2005.
45 (2) In addition, the department of administrative
46 services may,".
47 54. Page 179, line 35, by striking the words "In
48 addition,".
49 55. Page 180, by striking lines 1 through 10.
50 56. Page 180, line 11, by striking the words and

Page 6

1 figures "a. By July 1, 2004", and inserting the
2 following:
3 "b. By July 1, 2005".
4 57. Page 180, line 13, by inserting after the
5 word "services" the following: "unless more efficient
6 results can be obtained through the use of other
7 entrepreneurial methods as authorized by chapter 8A".
8 58. Page 180, by striking lines 17 through 31 and
9 inserting the following:
10 "c. By September 1, 2004, the department of
11 administrative services, with the assistance of the
12 department of management, shall conduct a
13 comprehensive study of the impact of transferring all
14 state agency employees delivering information
15 technology services to the department of
16 administrative services and of the impact of
17 physically merging the data centers of the department,
18 the state department of transportation, and the
19 department of workforce development, into one data
20 center. The study shall include an assessment of
21 advantages and disadvantages, economies of scale,
22 cost, and space availability, and shall solicit input
23 from outside vendors, both public and private. The
24 department shall report to the legislative fiscal
25 bureau and the committees on government oversight of
26 the senate and house of representatives on the
27 department's findings and recommendations by November
28 1, 2004."
29 59. Page 181, by striking lines 1 through 3 and
30 inserting the following: "the department of
31 administrative services unless more efficient results
32 can be obtained through the use of other
33 entrepreneurial methods as authorized by chapter 8A.
34 The request for proposals shall allow for the awarding
35 of all or parts of fleet management to the department
36 of administrative services, other governmental
37 agencies, or nongovernmental entities."

38 60. Page 181, line 4, by striking the figure "4."
39 and inserting the following: "3."
40 61. Page 181, by striking lines 5 through 17 and
41 inserting the following: "process for issuance of
42 requests for proposals for managed competition. The
43 role of the auditor of state is to provide advice as
44 to whether an approach offers the best opportunity for
45 reducing state government costs."
46 62. Page 181, line 20, by inserting after the
47 figure "7D.33," the following: "7F.1,".
48 63. Page 181, by inserting after line 24, the
49 following:
50 "Sec. . PREVAILING PROVISIONS. The provisions

Page 7

1 of House File 636 relating to legislative branch
2 consolidation of functions, or a similar bill enacted
3 by the Eightieth General Assembly, 2003 Regular
4 Session, which provisions relate to official legal and
5 other publications, procurements, special distribution
6 of legal publications, and restrictions on free
7 distributions by the legislative service bureau or its
8 successor agency, shall prevail over any conflicting
9 provisions of this Act."
10 64. By renumbering, relettering, or redesignating
11 and correcting internal references as necessary.

Elgin of Linn offered the following amendment H-1345, to the
Senate amendment H-1336, filed by him and moved its adoption:

H-1345

1 Amend the Senate amendment, H-1336, to House File
2 534, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 4, by striking line 33.
5 2. Page 6, by striking lines 46 and 47.

Amendment H-1345 was adopted.

On motion by Elgin of Linn, the House concurred in the Senate
amendment H-1336, as amended.

Elgin of Linn moved that the bill, as amended by the Senate,
further amended 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. 534)

The ayes were, 100:
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 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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, none.

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

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 391, 516, 529 and 534.

Eichhorn of Hamilton called up for consideration House File 655,
a bill for an act relating to and making appropriations to certain state
departments, agencies, funds, and certain other entities, providing for
regulatory authority, and other properly related matters, amended by

the Senate, and moved that the House concur in the following Senate
amendment H-1294:

H-1294

1 Amend House File 655, as passed by the House, as
2 follows:
3 1. Page 3, by striking line 12 and inserting the
4 following:
5 " $ 829,996"
6 2. Page 3, by striking lines 14 through 22 and
7 inserting the following:
8 "b. Notwithstanding the provisions of section
9 546.10, subsection 3, to the contrary, for the fiscal
10 year beginning July 1, 2003, and ending June 30, 2004,
11 funds received from an increase in licensing fees by
12 the real estate commission created pursuant to chapter
13 543B shall be deposited in the general fund of the
14 state as provided in section 546.10, subsection 5."
15 3. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1294.

Eichhorn of Hamilton 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. 655)

The ayes were, 55:
Alons Arnold Baudler Boal
Boddicker Boggess Chambers De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Freeman Gipp
Granzow Greiner Hahn Hansen
Hanson Heaton Hoffman Horbach
Huseman Hutter Jacobs Jenkins
Jones Klemme Kramer Kurtenbach
Lalk Lukan Maddox Manternach
Olson, S. Paulsen Raecker Rants, Spkr.
Rasmussen Roberts Sands Schickel
Struyk Tjepkes Tymeson Upmeyer
Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts
Wilderdyke Carroll,
Presiding

 



The nays were, 45.
Bell Berry Bukta Cohoon
Connors Dandekar Davitt Fallon
Foege Ford Frevert Gaskill
Greimann Heddens Hogg Hunter
Huser Jochum Kuhn Lensing
Lykam Mascher McCarthy Mertz
Miller Murphy Myers Oldson
Olson, D. Osterhaus Petersen Quirk
Reasoner Shoultz Smith Stevens
Swaim Taylor, D. Taylor, T. Thomas
Wendt Whitaker Whitead Winckler
Wise

 


Absent or not voting, none.

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

Horbach of Tama called up for consideration House File 548, a
bill for an act relating to law enforcement officer training at the Iowa
law enforcement academy, amended by the Senate, and moved that
the House concur in the following Senate amendment H-1284:

H-1284

1 Amend House File 548, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 34 the
4 following:
5 "Sec. . Section 80B.11B, subsection 2, Code
6 2003, is amended to read as follows:
7 2. The Iowa law enforcement academy may also
8 charge the department of natural resources or other
9 agency or department of the state, a member of a
10 police force of a city or county, or any political
11 subdivision of the state not more than one-half of the
12 cost of providing the basic training course which is
13 designed to meet the minimum basic training
14 requirements for a law enforcement officer. All other
15 candidates to the law enforcement academy, including a
16 candidate from a tribal government, shall pay the full
17 costs of providing the basic training requirements for
18 a law enforcement officer."
19 2. Title page, line 2, by inserting after the
20 word "academy" the following: ", and providing for a
21 fee".


The motion prevailed and the House concurred in the Senate
amendment H-1284.

Horbach of Tama 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. 548)

The ayes were, 100:
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 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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, none.

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

Sands of Louisa called up for consideration House File 319, a bill
for an act permitting written demand via regular mail prior to an

action under the uniform commercial code for recovery of civil
damages for a dishonored check, draft, or order, when supported by
an affidavit of service, amended by the Senate, and moved that the
House concur in the following Senate amendment H-1283:

H-1283

1 Amend House File 319, as passed by the House, as
2 follows:
3 1. Page 1, line 13, by striking the word
4 "conclusive" and inserting the following:
5 "presumptive".

The motion prevailed and the House concurred in the Senate
amendment H-1283.

Sands of Louisa 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. 319)

The ayes were, 100:
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 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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, none.

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

S. Olson of Clinton called up for consideration House File 547, a
bill for an act providing for evidence of financial responsibility filed by
commercial pesticide applicators, amended by the Senate, and moved
that the House concur in the following Senate amendment H-1334:

H-1334

1 Amend House File 547, as passed by the House, as
2 follows:
3 1. Page 2, by inserting after line 22, the
4 following:
5 "Sec. . EFFECTIVE DATE. This Act, being deemed
6 of immediate importance, takes effect upon enactment."
7 2. Title page, line 2, by inserting after the
8 word "applicators" the following: ", and providing an
9 effective date".
10 3. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1334.

S. Olson of Clinton 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. 547)

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 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
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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 1:
Horbach

 


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 319, 547, 548 and 655.

CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 102, a bill for an act relating to the chief executive
officer of the Iowa public employees' retirement system and providing
an effective and retroactive applicability date, with report of
committee recommending passage, was taken up for consideration.

Drake 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. 102)

The ayes were, 100:
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 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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, none.

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

Ways and Means Calendar

House File 671, a bill for an act relating to the recycling property
exemption from property tax and including an applicability date, was
taken up for consideration.

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?" (H.F. 671)

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
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
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 Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 1:
Hoffman

 


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

Jacobs of Polk in the chair at 6:00 p.m.

Appropriations Calendar

House File 682, a bill for an act relating to wine by providing for
native wine permits, providing wine gallonage tax revenue to support
grape and wine development, providing for fees, and providing an

effective date and retroactive applicability, was taken up for
consideration.

Drake of Pottawattamie offered amendment H-1354 filed by him
and Boggess of Page and requested division as follows:

H-1354

1 Amend House File 682 as follows:

H-1354A

2 1. Page 2, by inserting after line 16 the
3 following:
4 "Sec. . Section 123.127, subsection 1,
5 paragraph c, Code 2003, is amended by striking the
6 paragraph and inserting in lieu thereof the following:
7 c. That the applicant is a person of good moral
8 character as defined by this chapter."
9 2. Page 4, by striking lines 31 through 34 and
10 inserting the following:
11 "c. The place of birth of the applicant, and if
12 the applicant is a naturalized citizen, the time and
13 place of naturalization, or if a corporation, the
14 state of incorporation. That the applicant is a
15 person of good moral character as defined by this
16 chapter."

H-1354B

17 3. Page 5, by inserting after line 18 the
18 following:
19 "Sec. . Section 123.176, subsection 1,
20 paragraph c, Code 2003, is amended by striking the
21 paragraph and inserting in lieu thereof the following:
22 c. That the applicant is a person of good moral
23 character as defined by this chapter."

On motion by Drake of Pottawattamie amendment H-1354A was
adopted.

Drake of Pottawattamie asked and received unanimous consent to
withdraw amendment H-1354B.

Boggess of Page 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. 682)

The ayes were, 87:
Baudler Bell Berry Boal
Boddicker Boggess Bukta Carroll
Chambers Cohoon Connors Dandekar
Davitt De Boef Dennis Dix
Dolecheck Drake Elgin Fallon
Foege Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Hunter Huseman Huser Jenkins
Jochum Jones Klemme Kramer
Kuhn Kurtenbach Lensing Lukan
Lykam Maddox Manternach McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Petersen Quirk Raecker Rants, Spkr.
Rayhons Reasoner Sands Schickel
Shoultz Smith Stevens Struyk
Swaim Taylor, T. Thomas Tymeson
Upmeyer Van Engelenhoven Van Fossen, J.K. Watts
Wendt Whitaker Whitead Wilderdyke
Winckler Wise Jacobs,
Presiding

 


The nays were, 13:
Alons Arnold Eichhorn Ford
Hutter Lalk Mascher Paulsen
Rasmussen Roberts Taylor, D. Tjepkes
Van Fossen, J.R.

 


Absent or not voting, none.

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

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 671, 682 and Senate File 102.


SENATE AMENDMENT CONSIDERED

Carroll of Poweshiek called up for consideration House File 387, a
bill for an act relating to mental health and developmental
disabilities by revising life safety requirements for intermediate care
facilities for persons with mental retardation, expanding an
exemption to health care licensing requirements for certain
residential programs that receive funding under a medical assistance
home and community-based services waiver and approval from the
department of human services, and revising membership
requirements for the mental health and developmental disabilities
commission, and providing an effective date, amended by the Senate
and moved that the House concur in the following Senate amendment
H-1367:

H-1367

1 Amend House File 387, as passed by the House, as
2 follows:
3 1. Page 1, line 20, by striking the figure and
4 word "1985 edition" and inserting the following:
5 "1985 2000 edition".
6 2. Page 3, by striking lines 6 through 14, and
7 inserting the following:
8 "Sec. . Section 225C.5, subsection 1, paragraph
9 c, Code 2003, is amended to read as follows:
10 c. One member shall be an active board member of a
11 community mental health center selected from nominees
12 submitted by the Iowa association of community
13 providers."
14 3. Title page, by striking lines 2 and 3, and
15 inserting the following: "by expanding an".

The motion prevailed and the House concurred in the Senate
amendment H-1367.

Carroll of Poweshiek moved that the bill, as amended by the
House, further 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. 387)


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 Huseman Huser Hutter
Jenkins 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 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 Jacobs,
Presiding

 


The nays were, none.

Absent or not voting, 1.
Jochum

 


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

IMMEDIATE MESSAGE

Gipp of Winneshiek asked and received unanimous consent that
House File 387 be immediately messaged to the Senate.

SENATE FILE 371 REFERRED

The Speaker announced that Senate File 371, previously placed
on the calendar was referred 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 21st day of April, 2003: House Files 65, 397, 489 and 509.

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 17, 2003, he approved and transmitted to the Secretary
of State the following bills:

House File 411, an Act providing resident license fees for hunting, fishing,
trapping, and related activities to certain persons in the armed forces of the United
States.

House File 412, an Act relating to the amount of mussels and shells which may be
taken pursuant to a sport fishing license.

House File 456, an Act relating to contract choice-of-law provisions referring to
the Uniform Computer Information Transactions Act, and related matters and
providing an effective date.

House File 601, an Act relating to campaign finance, including political party
committees, campaign disclosure reports, independent expenditures, and income tax
checkoff provisions.

House File 623, an Act relating to registration with the United States Selective
Service System by application for a driver's license or nonoperator's identification card
or for renewal of a driver's license or nonoperator's identification card.

House File 652, an Act relating to and making appropriations and other
infrastructure-related appropriations to the State Department of Transportation,
including allocation and use of moneys from the Road Use Tax Fund and the Primary
Road Fund, and providing for the nonreversion of certain moneys.

Senate File 272, an Act relating to conflicts of interest in public contracts.


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\1252 James Bowman, Perry - For celebrating his 83rd birthday, and upon his
retirement, for 25 years of very special service as a Registered Nurse to
the patients at the Medical Center at Woodward Resource Center.

COMMITTEE RECOMMENDATIONS

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

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House Study Bill 314), providing a wind energy
production tax credit under the individual and corporate income taxes, the franchise
tax, and insurance premiums tax and including an applicability date provision.

Fiscal note is not required.

Recommended Amend and Do Pass April 21, 2003.

Committee Bill (Formerly House Study Bill 315), relating to ethanol blended
gasoline tax credits, and providing for its retroactive applicability, refunds, and an
effective date.

Fiscal note is not required.

Recommended Amend and Do Pass April 21, 2003.

AMENDMENTS FILED

H-1371 H.F. 685 Thomas of Clayton
Huser of Polk
H-1372 H.F. 685 Huser of Polk
Thomas of Clayton
H-1373 S.F. 383 Tymeson of Madison
Stevens of Dickinson
Schickel of Cerro Gordo

H-1374 S.F. 445 Tymeson of Madison
H-1375 H.F. 663 Tymeson of Madison
H-1376 S.F. 445 Hogg of Linn
H-1377 S.F. 445 Hogg of Linn
H-1378 H.F. 679 Lukan of Dubuque`
H-1379 H.F. 584 Miller of Webster
H-1380 H.F. 454 Senate Amendment
H-1381 S.F. 422 Baudler of Adair
H-1382 H.F. 400 Senate Amendment
H-1383 H.F. 457 Senate Amendment

On motion by Gipp of Winneshiek the House adjourned at 6:18
p.m., until 8:45 a.m., Tuesday, April 22, 2003.


Previous Day: Friday, April 18Next Day: Tuesday, April 22
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