House Journal: Tuesday, April 22, 2003
JOURNAL OF THE HOUSE
One-hundredth Calendar Day - Seventy-first Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 22, 2003
The House met pursuant to adjournment at 8:43 a.m., Speaker
Rants in the chair.
Prayer was offered and a song was sung by Reverend Robert E.
Connors, pastor of the Union Park Independent Christian Church,
Des Moines. He was the guest and is the brother of the Honorable
John Connors, state representative from Polk County.
The Journal of April 21, 2003 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Speaker Rants.
PETITION FILED
The following petition was received and placed on file:
By Thomas of Clayton from two hundred seventy-two people from
Buchanan, Delaware and Fayette counties favoring the four year
transfer to formula funding for equalization of empowerment areas.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 21, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 206, a bill for an act increasing the child age applicable to mandatory
reporting of suspected child sexual abuse perpetrated by a person other than the
person responsible for the care of the child.
MICHAEL E. MARSHALL, Secretary
The House stood at ease at 8:47 a.m., until the fall of the gavel.
The House resumed session at 3:06 p.m., Klemme of Plymouth in
the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty-members present, twenty
absent.
INTRODUCTION OF BILLS
House File 689, by committee on ways and means, a bill for an
act relating to ethanol blended gasoline, by providing for tax credits
and for their retroactive applicability, providing for refunds, and
providing for an effective date.
Read first time and placed on the ways and means calendar.
House File 690, by committee on ways and means, a bill for an
act 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.
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 22, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 541, a bill for an act relating to the fee and use of fee for a certificate of
birth.
Also: That the Senate has on April 22, 2003, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:
Senate File 94, a bill for an act providing for the confidentiality of certain veterans'
records maintained by county recorders.
Also: That the Senate has on April 22, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 441, a bill for an act relating to the transfer of certain property-related
tax credits.
Also: That the Senate has on April 22, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 442, a bill for an act updating the Iowa Code references to the Internal
Revenue Code, providing for decoupling with the Internal Revenue Code for a certain
bonus depreciation provision, and providing retroactive applicability dates and an
effective date.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGES CONSIDERED
Senate File 441, by committee on ways and means, a bill for an
act relating to the transfer of certain property-related tax credits and
including effective and retroactive applicability date provisions.
Read first time and referred to committee on ways and means.
Senate File 442, by committee on ways and means, a bill for an
act updating the Iowa Code references to the Internal Revenue Code,
providing for decoupling with the Internal Revenue Code for a certain
bonus depreciation, provision, and providing retroactive applicability
dates and an effective date.
Read first time and referred to committee on ways and means.
Speaker pro tempore Carroll in the chair at 3:18 p.m.
CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 354, a bill for an act implementing the federal Indian
Child Welfare Act, with report of committee recommending passage,
was taken up for consideration.
Boddicker of Cedar offered amendment H-1365 filed by him and
Foege of Linn as follows:
H-1365
1 Amend Senate File 354, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, line 4, by striking the words "any
4 extended family members of the child," and inserting
5 the following: "the child's parent, any person who
6 has custody of the child or with whom the child
7 resides,".
8 2. Page 13, by striking lines 26 and 27 and
9 inserting the following:
10 "f. Identification and provision of information to
11 the child's family concerning community resources that
12 may be able to offer housing, financial, and
13 transportation assistance and actively assisting the
14 family in accessing the community resources."
15 3. By striking page 14, line 17 through page 15,
16 line 12 and inserting the following:
17 "2. Within seventy-two hours following the
18 issuance of an order of emergency removal or placement
19 of an Indian child, the court issuing the order shall
20 notify the Indian child's tribe of the emergency
21 removal or placement by registered mail, return
22 receipt requested. The notice shall include the court
23 order, the petition, if applicable, any information
24 required by this chapter, and a statement informing
25 the child's tribe of the tribe's right to intervene in
26 the proceeding.
27 3. A motion, application, or petition commencing
28 an emergency or temporary removal under section 232.79
29 or 232.95 or foster care placement proceeding under
30 chapter 232 involving an Indian child shall be
31 accompanied by all of the following:
32 a. An affidavit containing the names, tribal
33 affiliations, and addresses of the Indian child, and
34 of the child's parents and Indian custodians.
35 b. A specific and detailed account of the
36 circumstances supporting the removal of the child.
37 c. All reports or other documents from each public
38 or private agency involved with the emergency or
39 temporary removal that are filed with the court and
40 upon which any decision may be based. The reports
41 shall include all of the following information, when
42 available:
43 (1) The name of each agency.
44 (2) The names of agency administrators and
45 professionals involved in the removal.
46 (3) A description of the emergency justifying the
47 removal of the child.
48 (4) All observations made and actions taken by the
49 agency.
50 (5) The date, time, and place of each such action.
Page 2
1 (6) The signatures of all agency personnel
2 involved.
3 (7) A statement of the specific actions taken and
4 to be taken by each involved agency to effectuate the
5 safe return of the child to the custody of the child's
6 parent or Indian custodian."
7 4. Page 26, by striking lines 21 through 31 and
8 inserting the following:
9 "1. The department of human services, in
10 consultation with Indian tribes, shall establish
11 standards and procedures for the department's review
12 of cases subject to this chapter and methods for
13 monitoring the department's compliance with provisions
14 of the federal Indian Child Welfare Act and this
15 chapter. These standards and procedures and the
16 monitoring methods shall be integrated into the
17 department's structure and plan for the federal
18 government's child and family service review process
19 and any program improvement plan resulting from that
20 process."
21 5. By renumbering as necessary.
Boddicker of Cedar offered the following amendment H-1384, to
amendment H-1365, filed by him from the floor and moved its
adoption:
H-1384
1 Amend the amendment, H-1365, to Senate File 354, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 17, by striking the words
5 "seventy-two hours" and inserting the following:
6 "three business days".
Amendment H-1384 was adopted.
On motion by Boddicker of Cedar, amendment H-1365, as
amended, was adopted.
Boddicker of Cedar moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 354)
The ayes were, 99:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | Boggess |
|
Bukta | Chambers | Cohoon | Connors |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Fallon | Foege | Ford |
|
Freeman | Frevert | Gaskill | Gipp |
|
Granzow | Greimann | Greiner | Hahn |
|
Hansen | Hanson | Heaton | Heddens |
|
Hoffman | Hogg | Horbach | Hunter |
|
Huseman | Huser | Hutter | Jacobs |
|
Jenkins | Jochum | Jones | Klemme |
|
Kramer | Kuhn | Kurtenbach | Lalk |
|
Lensing | Lukan | Lykam | Maddox |
|
Manternach | Mascher | McCarthy | Mertz |
|
Miller | Murphy | Myers | Oldson |
|
Olson, D. | Olson, S. | Osterhaus | Paulsen |
|
Petersen | 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 | Carroll, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
J.R. Van Fossen of Scott called up for consideration House File
171, a bill for an act relating to nonsubstantive Code corrections and
including effective and retroactive applicability date provisions,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-1212:
H-1212
1 Amend House File 171, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 14, by inserting after line 27 the
4 following:
5 "Sec. . Section 161B.1, subsection 2, Code
6 2003, is amended to read as follows:
7 2. The department of agriculture and land
8 stewardship shall report annually to the senate
9 standing committees committee on energy natural
10 resources and environment and the house of
11 representatives standing committee on environmental
12 protection of the house and senate on the projects
13 conducted with the agricultural energy management
14 fund."
15 2. Page 19, by inserting after line 16 the
16 following:
17 "Sec. . Section 303A.6, subsection 3, Code
18 2003, is amended to read as follows:
19 3. Upon approving a grant, the board shall certify
20 to the treasurer of state the amount of financial
21 assistance payable from the trust grant account to the
22 qualified organization whose grant application is
23 approved."
24 3. Page 19, by inserting after line 23 the
25 following:
26 "Sec. . Section 307.27, subsection 8, Code
27 2003, is amended to read as follows:
28 8. Administer the registration of interstate
29 commerce commission authority of motor carriers
30 pursuant to chapter 327B as provided in 49 U.S.C. §
31 14504 and United States department of transportation
32 regulations."
33 4. Page 20, by inserting after line 25 the
34 following:
35 "Sec. . Section 327B.1, subsections 1 through
36 3, Code 2003, are amended to read as follows:
37 1. It is unlawful for a carrier to perform an
38 interstate transportation service for compensation
39 upon the highways of this state without first
40 registering the authority obtained from the interstate
41 commerce commission United States department of
42 transportation or evidence that such authority is not
43 required with the state department of transportation.
44 2. The department shall participate in the single
45 state insurance registration program for regulated
46 motor carriers as provided in 49 U.S.C. § 11506 14504
47 and interstate commerce commission United States
48 department of transportation regulations.
49 3. Registration for carriers transporting
50 commodities exempt from interstate commerce commission
Page 2
1 United States department of transportation regulation
2 shall be granted without hearing upon application and
3 payment of a twenty-five-dollar filing fee and an
4 annual one-dollar fee per vehicle.
5 Sec. . Section 327B.7, Code 2003, is amended to
6 read as follows:
7 327B.7 RECIPROCITY FOR EXEMPT COMMODITY BASE STATE
8 REGISTRATION SYSTEM.
9 The department may enter into a reciprocity
10 agreement on behalf of this state with authorized
11 representatives of other states to become a member of
12 an exempt commodity base state registration system for
13 the registration, insurance verification, and fee
14 collection for carriers hauling commodities exempt
15 from interstate commerce commission United States
16 department of transportation authority.
17 Sec. . Section 327C.22, Code 2003, is amended
18 to read as follows:
19 327C.22 INTERSTATE FREIGHT RATES.
20 The department shall exercise constant diligence to
21 ascertain the rates, charges, rules, and practices of
22 common carriers operating in this state, in relation
23 to the transportation of freight in interstate
24 business. When it shall ascertain from any source or
25 have reasonable grounds to believe that the rates
26 charged on such interstate business or the rules or
27 practices in relation thereto discriminate unjustly
28 against any of the citizens, industries, interests, or
29 localities of the state, or place any of them at an
30 unreasonable disadvantage as compared with those of
31 other states, or are in violation of the laws of the
32 United States regulating commerce, or in conflict with
33 the rulings, orders, or regulations of the interstate
34 commerce commission surface transportation board, the
35 department shall take the necessary steps to prevent
36 the continuance of such rates, rules, or practices.
37 Sec. . Section 327C.23, Code 2003, is amended
38 to read as follows:
39 327C.23 APPLICATION TO INTERSTATE COMMERCE
40 COMMISSION SURFACE TRANSPORTATION BOARD.
41 When any common carrier has put in force any rates,
42 rules, or practices in relation to interstate freight
43 business, in violation of the laws of the United
44 States regulating commerce, or of the orders, rules,
45 or regulations of the interstate commerce commission
46 surface transportation board, or shall unjustly
47 discriminate against any of the citizens, industries,
48 interests, or localities of the state, the department
49 shall present the material facts involved in such
50 violations or discrimination to the interstate
Page 3
1 commerce commission surface transportation board and
2 seek relief therefrom, and, if deemed necessary or
3 expedient, the department shall prosecute any charge
4 growing out of such violation or discrimination, at
5 the expense of the state, before the interstate
6 commerce commission surface transportation board.
7 Sec. . Section 327D.67, unnumbered paragraph 2,
8 Code 2003, is amended to read as follows:
9 The form of every schedule shall be prescribed by
10 the department and shall conform, in the case of
11 common carriers, as nearly as may be to the form
12 prescribed by the interstate commerce commission
13 United States department of transportation.
14 Sec. . Section 327D.72, Code 2003, is amended
15 to read as follows:
16 327D.72 INTERSTATE COMMERCE SCHEDULES.
17 When schedules and classifications required by the
18 interstate commerce commission United States
19 department of transportation contain in whole or in
20 part the information required by the provisions of
21 this chapter, the posting and filing of a copy of such
22 schedules and classifications with the interstate
23 commerce commission United States department of
24 transportation shall be deemed a compliance with the
25 filing requirements of this chapter insofar as such
26 schedules and classifications contain the information
27 required by this chapter, and any additional or
28 different information may be posted and filed in a
29 supplementary schedule.
30 Sec. . Section 327D.200, Code 2003, is amended
31 to read as follows:
32 327D.200 INCONSISTENCY WITH FEDERAL LAW -
33 RAILROADS.
34 If any provision of this chapter is inconsistent or
35 conflicts with federal laws, rules or regulations
36 applicable to railway corporations subject to the
37 jurisdiction of the federal interstate commerce
38 commission surface transportation board, the
39 department shall suspend the provision, but only to
40 the extent necessary to eliminate the inconsistency or
41 conflict.
42 Sec. . Section 327D.201, Code 2003, is amended
43 to read as follows:
44 327D.201 RAILROAD INTRASTATE RATES - RULES.
45 The department may issue rules relating to the
46 regulation of railroad intrastate rates,
47 classifications, rules and practices in accordance
48 with the standards and procedures of the federal
49 interstate commerce commission surface transportation
50 board applicable to rail carriers.
Page 4
1 Sec. . Section 327G.61, subsection 2, Code
2 2003, is amended to read as follows:
3 2. "Spur track" means a railroad track located
4 wholly within the state connected to a main or branch
5 line of a railroad and used to originate or terminate
6 traffic at one or more industries or a railroad track
7 not subject to the jurisdiction of the interstate
8 commerce commission surface transportation board. A
9 spur track shall not include a railroad line used to
10 provide line-haul or intercity transportation.
11 Sec. . Section 327G.78, unnumbered paragraph 1,
12 Code 2003, is amended to read as follows:
13 Subject to sections 327G.77 and 6A.16, when a
14 railroad corporation, its trustee, or its successor in
15 interest has interests in real property adjacent to a
16 railroad right-of-way that are abandoned by order of
17 the interstate commerce commission surface
18 transportation board, reorganization court, bankruptcy
19 court, or the department, or when a railroad
20 corporation, its trustee, or its successor in interest
21 seeks to sell its interests in that property under any
22 other circumstance, the railroad corporation, its
23 trustee, or its successor in interest shall extend a
24 written offer to sell at a fair market value price to
25 the persons holding leases, licenses, or permits upon
26 those properties, allowing sixty days from the time of
27 receipt for a written response. If a disagreement
28 arises between the parties concerning the price or
29 other terms of the sale transaction, either or both
30 parties may make written application to the department
31 to resolve the disagreement. The application shall be
32 made within sixty days from the time an initial
33 written response is served upon the railroad
34 corporation, trustee, or successor in interest by the
35 person wishing to purchase the property. The
36 department shall notify the department of inspections
37 and appeals which shall hear the controversy and make
38 a final determination of the fair market value of the
39 property and the other terms of the transaction which
40 were in dispute, within ninety days after the
41 application is filed. The determination is subject to
42 review by the department and the department's decision
43 is the final agency action. All correspondence shall
44 be by certified mail."
45 5. Page 21, by inserting after line 24, the
46 following:
47 "Sec. . Section 384.63, subsection 3, Code
48 2003, is amended to read as follows:
49 3. When a private improvement is constructed on a
50 lot subject to a deficiency, during the period of
Page 5
1 amortization, the council shall, by resolution, assess
2 a pro rata portion of the deficiency on that lot, in
3 the same proportion to the total deficiency on that
4 lot as the number of future installments of special
5 assessments remaining to be paid is to the total
6 number of installments of assessments for the project,
7 subject to the twenty-five percent limitation of
8 section 384.62. A deficiency assessment becomes a
9 lien on the property and is payable in the same
10 manner, and subject to the same interests as the other
11 special assessments. The council shall direct the
12 clerk to certify a deficiency assessment to the county
13 treasurer, and to send a notice of the deficiency
14 assessment by mail to each owner, as provided in
15 section 384.60, subsection 5, but publication of the
16 notice is not required."
17 6. Page 21, line 32, by striking the word
18 "annually" and inserting the following: "on July 1 of
19 each fiscal year".
20 7. Page 22, by inserting after line 8 the
21 following:
22 "Sec. . Section 435.26, subsection 1, paragraph
23 a, Code 2003, is amended to read as follows:
24 a. A mobile home or manufactured home which is
25 located outside a manufactured home community or
26 mobile home park shall be converted to real estate by
27 being placed on a permanent foundation and shall be
28 assessed for real estate taxes. A home, after
29 conversion to real estate, is eligible for the
30 homestead tax credit and the military service tax
31 exemption as provided in sections 425.2 and 426A.11."
32 8. Page 27, line 12, by striking the word and
33 figures "504 or 504A" and inserting the following:
34 "504, Code 1989, or chapter 504A".
35 9. Page 30, by inserting after line 12, the
36 following:
37 "Sec. . Section 537.1303, subsection 10, Code
38 2003, is amended to read as follows:
39 10. "Pursuant to a credit card". Section
40 537.1301, subsection 17 16."
41 10. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1212.
J.R. Van Fossen of Scott 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. 171)
The ayes were, 98:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | Boggess |
|
Bukta | Chambers | Cohoon | Connors |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Fallon | Foege | Ford |
|
Freeman | Frevert | Gaskill | Gipp |
|
Granzow | Greimann | Greiner | Hahn |
|
Hansen | Hanson | Heaton | Heddens |
|
Hoffman | Hogg | Horbach | Hunter |
|
Huseman | Huser | Hutter | Jacobs |
|
Jenkins | Jochum | Jones | Klemme |
|
Kramer | Kuhn | Kurtenbach | Lalk |
|
Lensing | Lukan | Lykam | Maddox |
|
Manternach | Mascher | McCarthy | Mertz |
|
Miller | Murphy | Myers | Oldson |
|
Olson, D. | Olson, S. | Osterhaus | Paulsen |
|
Petersen | Quirk | Raecker | Rasmussen |
|
Rayhons | Reasoner | Roberts | Schickel |
|
Shoultz | Smith | Stevens | Struyk |
|
Swaim | Taylor, D. | Taylor, T. | Thomas |
|
Tjepkes | Tymeson | Upmeyer | Van Engelenhoven |
|
Van Fossen, J.K. | Van Fossen, J.R. | Watts | Wendt |
|
Whitaker | Whitead | Wilderdyke | Winckler |
|
Wise | Carroll, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 2:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Appropriations Calendar
House File 657, a bill for an act relating to the establishment of
the office of grants enterprise management in the department of
management to assist the state in receiving more nonstate funds and
providing a standing limited appropriation, was taken up for
consideration.
Alons of Sioux offered the following amendment H-1293 filed by
the committee on appropriations and moved its adoption:
H-1293
1 Amend House File 657 as follows:
2 1. Page 1, lines 6 and 7, by striking the words
3 "funds received by the state" and inserting the
4 following: "grants as defined in section 8.2,
5 subsections 1 and 3".
The committee amendment H-1293 was adopted.
SENATE FILE 438 SUBSTITUTED FOR HOUSE FILE 657
Alons of Sioux asked and received unanimous consent to substitute
Senate File 438 for House File 657.
Senate File 438, a bill for an act relating to the establishment of
the office of grants enterprise management in the department of
management to assist the state in receiving more nonstate funds and
providing a standing limited appropriation, was taken up for
consideration.
Alons of Sioux moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 438)
The ayes were, 99:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | Boggess |
|
Bukta | Chambers | Cohoon | Connors |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Fallon | Foege | Ford |
|
Freeman | Frevert | Gaskill | Gipp |
|
Granzow | Greimann | Greiner | Hahn |
|
Hansen | Hanson | Heaton | Heddens |
|
Hoffman | Hogg | Horbach | Hunter |
|
Huseman | Huser | Hutter | Jacobs |
|
Jenkins | Jochum | Jones | Klemme |
|
Kramer | Kuhn | Kurtenbach | Lalk |
|
Lensing | Lukan | Lykam | Maddox |
|
Manternach | Mascher | McCarthy | Mertz |
|
Miller | Murphy | Myers | Oldson |
|
Olson, D. | Olson, S. | Osterhaus | Paulsen |
|
Petersen | 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 | Carroll, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 657 WITHDRAWN
Alons of Sioux asked and received unanimous consent to withdraw
House File 657 from further consideration by the House.
Senate File 375, a bill for an act relating to enforcement
enhancements relative to certain tobacco product manufacturers,
providing appropriations and penalties, and providing effective dates,
with report of committee recommending passage, was taken up for
consideration.
Horbach of Tama 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. 375)
The ayes were, 99:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | Boggess |
|
Bukta | Chambers | Cohoon | Connors |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Fallon | Foege | Ford |
|
Freeman | Frevert | Gaskill | Gipp |
|
Granzow | Greimann | Greiner | Hahn |
|
Hansen | Hanson | Heaton | Heddens |
|
Hoffman | Hogg | Horbach | Hunter |
|
Huseman | Huser | Hutter | Jacobs |
|
Jenkins | Jochum | Jones | Klemme |
|
Kramer | Kuhn | Kurtenbach | Lalk |
|
Lensing | Lukan | Lykam | Maddox |
|
Manternach | Mascher | McCarthy | Mertz |
|
Miller | Murphy | Myers | Oldson |
|
Olson, D. | Olson, S. | Osterhaus | Paulsen |
|
Petersen | 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 | Carroll, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 1:
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 665, a bill for an act relating to property taxation of
certain lands leased to others by the department of corrections or
department of human services and providing for the Act’s
applicability, was taken up for consideration.
Horbach of Tama offered the following amendment H-1277 filed by
him and moved its adoption:
H-1277
1 Amend House File 665 as follows:
2 1. Page 1, by striking line 21, and inserting the
3 following: "leased to an entity other than an entity
4 which is exempt from property taxation under this
5 section shall be".
6 2. Page 1, line 22, by striking the words "exempt
7 from" and inserting the following: "subject to
8 property".
9 3. Page 2, by striking lines 15 and 16, and
10 inserting the following: "property taxes due and
11 payable on".
12 4. Page 2, line 18, by inserting after the word
13 "departments" the following: "if land subject to this
14 section is leased to an entity other than an entity
15 which is exempt from property taxation under section
16 427.1".
Amendment H-1277 was adopted.
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?" (H.F. 665)
The ayes were, 97:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | Boggess |
|
Bukta | Chambers | Cohoon | Connors |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Fallon | Foege | Ford |
|
Freeman | Frevert | Gaskill | Gipp |
|
Granzow | Greimann | Greiner | Hahn |
|
Hansen | Hanson | Heaton | Heddens |
|
Hoffman | Hogg | Horbach | Hunter |
|
Huseman | Huser | Hutter | Jacobs |
|
Jenkins | Jochum | Jones | Klemme |
|
Kramer | Kuhn | Kurtenbach | Lalk |
|
Lensing | Lykam | Maddox | Manternach |
|
Mascher | McCarthy | Mertz | Miller |
|
Murphy | Myers | Oldson | Olson, D. |
|
Olson, S. | Osterhaus | Paulsen | Petersen |
|
Quirk | Raecker | Rasmussen | 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, 3:
|
Lukan | Rants, Spkr. | Rayhons |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
171, 665 and Senate Files 354, 375 and 438.
INTRODUCTION OF BILL
House File 691, by committee on appropriations, a bill for an act
relating to state and local government financial and regulatory
matters, making and reducing appropriations, providing a fee, and
providing applicability and effective dates.
Read first time and placed on appropriations calendar.
Unfinished Business Calendar
Senate File 402, a bill for an act relating to the admissibility of
prior criminal offenses into evidence in the prosecution of certain
sexual offenses, with report of committee recommending passage, was
taken up for consideration.
McCarthy of Polk offered the following amendment H-1391 filed by
him and Baudler of Adair from the floor and moved its adoption:
H-1391
1 Amend Senate File 402, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 27 the
4 following:
5 "Sec. . Section 708.2, Code 2003, is amended by
6 adding the following new subsection:
7 NEW SUBSECTION. 4A. A person who commits an
8 assault, as defined in section 708.1, and who uses any
9 object to penetrate the genitalia or anus of another
10 person, is guilty of a class "C" felony."
11 2. Title page, line 1, by inserting after the
12 word "to" the following: "sexual assault offenses by
13 affecting".
14 3. Title page, line 2, by inserting after the
15 word "offenses" the following: "and by modifying the
16 penalties for certain assaults".
17 4. By renumbering as necessary.
Amendment H-1391 was adopted.
Paulsen of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (S.F. 402)
The ayes were, 99:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | Boggess |
|
Bukta | Chambers | Cohoon | Connors |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Fallon | Foege | Ford |
|
Freeman | Frevert | Gaskill | Gipp |
|
Granzow | Greimann | Greiner | Hahn |
|
Hansen | Hanson | Heaton | Heddens |
|
Hoffman | Hogg | Horbach | Hunter |
|
Huseman | Huser | Hutter | Jacobs |
|
Jenkins | Jochum | Jones | Klemme |
|
Kramer | Kuhn | Kurtenbach | Lalk |
|
Lensing | Lukan | Lykam | Maddox |
|
Manternach | Mascher | McCarthy | Mertz |
|
Miller | Murphy | Myers | Oldson |
|
Olson, D. | Olson, S. | Osterhaus | Paulsen |
|
Petersen | 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 | Carroll, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Senate File 343, a bill for an act relating to operation permits for
public disposal systems and providing an effective date, with report of
committee recommending passage, was taken up for consideration.
Fallon of Polk offered the following amendment H-1291 filed by
him and moved its adoption:
H-1291
1 Amend Senate File 343, as passed by the Senate, as
2 follows:
3 1. Page 1, line 3, by striking the words "A
4 publicly" and inserting the following: "After a
5 publicly owned disposal system has applied for and
6 been denied financial assistance from the Iowa water
7 pollution control works and drinking water facilities
8 financing program, the publicly".
Amendment H-1291 lost.
Gipp of Winneshiek asked and received unanimous consent that
Senate File 343 be deferred and that the bill retain its place on the
calendar.
Senate File 173, a bill for an act authorizing school districts to
deduct and pay fees for membership in not-for-profit professional
education associations, with report of committee recommending
passage, was taken up for consideration.
Boal 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. 173)
The ayes were, 52:
|
Alons | Arnold | Baudler | Boal |
|
Boddicker | Boggess | Chambers | De Boef |
|
Dennis | 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 |
|
Rayhons | Roberts | Sands | Thomas |
|
Tjepkes | Tymeson | Upmeyer | Van Engelenhoven |
|
Van Fossen, J.K. | Watts | Wilderdyke | Carroll, |
|
| | | Presiding |
|
|
The nays were, 47:
|
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 | Schickel | Shoultz | Smith |
|
Stevens | Struyk | Swaim | Taylor, D. |
|
Taylor, T. | Van Fossen, J.R. | Wendt | Whitaker |
|
Whitead | Winckler | Wise |
|
|
Absent or not voting, 1:
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 670, a bill for an act relating to the Iowa probate code,
including provisions relating to state inheritance, gift taxes, and
trusts and including an applicability date provision, was taken up for
consideration.
SENATE FILE 366 SUBSTITUTED FOR HOUSE FILE 670
Eichhorn of Hamilton asked and received unanimous consent to
substitute Senate File 366 for House File 670.
Senate File 366, a bill for an act relating to the Iowa probate
code, including provisions relating to state inheritance, gift taxes, and
trusts and including an applicability date provision, was taken up for
consideration.
Gipp of Winneshiek asked and received unanimous consent that
Senate File 366 be deferred and that the bill retain its place on the
calendar.
ADOPTION OF HOUSE RESOLUTION 50
Lensing of Johnson, Foege of Linn, Mascher of Johnson and Myers
of Johnson called up for consideration House Resolution 50, a
resolution honoring the University of Iowa Football Team and Coach
Kirk Ferentz, and moved its adoption.
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION
Myers of Johnson introduced to the House, Coach Kirk Ferentz of
the University of Iowa Football Team who spoke briefly thanking the
House for the honor and expressing thanks to his team and staff.
The House rose and expressed its welcome.
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 22, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 599, a bill for an act relating to property insurance, including
establishment of a mandatory plan to assure fair access to insurance requirements,
and providing for an effective date and retroactive applicability.
Also: That the Senate has on April 22, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 600, a bill for an act regulating organic agricultural products, providing
for fees and penalties, and providing an effective date.
MICHAEL E. MARSHALL, Secretary
Klemme of Plymouth in the chair at 4:36 p.m.
The House resumed consideration of Senate File 366, a bill for an
act relating to the Iowa probate code, including provisions relating to
state inheritance, gift taxes, and trusts and including an applicability
date provision, previously deferred.
Eichhorn of Hamilton offered the following amendment H-1330
filed by him and moved its adoption:
H-1330
1 Amend Senate File 366, as passed by the Senate, as
2 follows:
3 1. Page 3, line 27, by inserting after the word
4 "trust" the following: "not".
Amendment H-1330 was adopted.
Eichhorn of Hamilton 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. 366)
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 |
|
Jacobs | Jenkins | Jochum | Jones |
|
Kramer | Kuhn | Kurtenbach | Lalk |
|
Lensing | Lukan | Lykam | Maddox |
|
Manternach | Mascher | McCarthy | Mertz |
|
Miller | Murphy | Myers | Oldson |
|
Olson, D. | Olson, S. | Osterhaus | Paulsen |
|
Petersen | Quirk | Raecker | Rasmussen |
|
Rayhons | Reasoner | Roberts | Sands |
|
Schickel | Shoultz | Smith | Stevens |
|
Struyk | Swaim | Taylor, D. | Taylor, T. |
|
Thomas | Tjepkes | Tymeson | Upmeyer |
|
Van Engelenhoven | Van Fossen, J.K. | Van Fossen, J.R. | Watts |
|
Wendt | Whitaker | Whitead | Wilderdyke |
|
Winckler | Wise | Klemme, |
|
| | Presiding |
|
|
The nays were, none.
Absent or not voting, 1:
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 680, a bill for an act relating to licenses for bait
dealers by creating resident and nonresident wholesale bait dealer
licenses, providing reciprocity, and providing effective and
applicability dates, was taken up for consideration.
Carroll of Poweshiek in the chair at 4:48 p.m.
Lukan of Dubuque offered the following amendment H-1359 filed
by Lukan, et al., and moved its adoption:
H-1359
1 Amend House File 680 as follows:
2 1. Page 1, by striking lines 6 through 12 and
3 inserting the following:
4 "NEW PARAGRAPH. t. Wholesale bait dealer license .. $ 125.00
5 Sec. . Section 483A.1, subsection 2, paragraph
6 l, Code 2003, is amended to read as follows:
7 l. Bait Retail bait dealer license ................. $ 66.00
8 125.00
9 or the amount for the same type of license
10 in the nonresident's state, whichever is
11 greater
12 Sec. . Section 483A.1, subsection 2, Code 2003,
13 is amended by adding the following new paragraph:
14 NEW PARAGRAPH. t. Wholesale bait dealer license ... $ 250.00
15 or the amount for the same type of license
16 in the nonresident's state, whichever is
17 greater".
18 2. Page 1, by striking lines 22 through 24 and
19 inserting the following:
20 "Sec. ___. EFFECTIVE DATE. This Act, being deemed
21 of immediate importance, takes effect upon enactment."
22 3. Title page, by striking line 3, and inserting
23 the following: "reciprocity, and providing an
24 effective date."
25 4. By renumbering as necessary.
Amendment H-1359 was adopted.
Lukan of Dubuque 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. 680)
The ayes were, 98:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | Boggess |
|
Bukta | Chambers | Cohoon | Connors |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Fallon | Foege | Ford |
|
Freeman | Frevert | Gaskill | Gipp |
|
Granzow | Greimann | Greiner | Hahn |
|
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 | Carroll, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 2:
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Appropriations Calendar
House File 684, a bill for an act relating to the revenue
estimating conference’s responsibilities and authority, was taken up
for consideration.
Jenkins of Black Hawk 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. 684)
The ayes were, 98:
|
Alons | Arnold | Baudler | Bell |
|
Berry | Boal | Boddicker | Boggess |
|
Bukta | Chambers | Cohoon | Connors |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Fallon | Foege | Ford |
|
Freeman | Frevert | Gaskill | Gipp |
|
Granzow | Greimann | Greiner | Hahn |
|
Hansen | Hanson | Heaton | Heddens |
|
Hoffman | Hogg | Horbach | Hunter |
|
Huseman | Huser | Hutter | Jacobs |
|
Jenkins | Jochum | Jones | Klemme |
|
Kramer | Kuhn | Kurtenbach | Lalk |
|
Lensing | Lukan | Lykam | Maddox |
|
Manternach | Mascher | McCarthy | Mertz |
|
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.R. | Watts | Wendt |
|
Whitaker | Whitead | Wilderdyke | Winckler |
|
Wise | Carroll, |
|
| Presiding |
|
|
The nays were, none.
Absent or not voting, 2:
|
Rants, Spkr. | Van Fossen, J.K. |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILES 554 AND 670 WITHDRAWN
Eichhorn of Hamilton asked and received unanimous consent to
withdraw House Files 554 and 670 from further consideration by the
House.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 680, 684 and Senate Files 173, 366 and 402.
SENATE AMENDMENT CONSIDERED
Roberts of Carroll called up for consideration House File 594, a
bill for an act relating to the registration of electrical and mechanical
amusement devices and the registration of manufacturers and
distributors thereof, making an appropriation, making penalties
applicable, and providing an effective date, amended by the Senate
amendment H-1369:
H-1369
1 Amend House File 594, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 8, by striking the words "No more
4 than four" and inserting the following: "For an
5 organization that meets the requirements of section
6 99B.7, subsection 1, paragraph "m", no more than four,
7 and for all other persons, no more than two".
8 2. Page 1, by striking lines 11 through 14 and
9 inserting the following: "location or premises. Each
10 person owning an electrical and mechanical amusement
11 device in this state shall obtain a registration tag
12 for each electrical and mechanical amusement device
13 owned that is required".
14 3. Page 1, line 25, by inserting after the word
15 "chapter." the following: "A person owning or leasing
16 an electrical and mechanical amusement device required
17 to be registered under this subsection shall only own
18 or lease an electrical and mechanical amusement device
19 that is required to be registered that has been
20 purchased from a manufacturer, manufacturer's
21 representative, or distributor registered with the
22 department under section 99B.10A."
23 4. Page 2, line 6, by inserting after the word
24 "department." the following: "Each person who
25 registers with the department under this section shall
26 pay an annual registration fee of two thousand five
27 hundred dollars."
28 5. Title page, line 3, by inserting after the
29 word "thereof," the following: "establishing fees,".
30 6. By renumbering, relettering, or redesignating
31 and correcting internal references as necessary.
Gipp of Winneshiek asked and received unanimous consent that
House File 594 be deferred and that the bill retain its place on the
calendar. (Amendment H-1369 pending)
Unfinished Business Calendar
House File 358, a bill for an act relating to life science enterprises
by providing for financing, was taken up for consideration.
Alons of Sioux offered the following amendment H-1192 filed by
the committee on agriculture and moved its adoption:
H-1192
1 Amend House File 358 as follows:
2 1. Page 1, by striking lines 14 through 18, and
3 inserting the following: "plan. In addition, the
4 life science enterprise shall not acquire or hold
5 agricultural land if the life science enterprise
6 receives receive any form of financing from an Iowa
7 agricultural industry finance corporation as provided
8 in chapter 15E for the purchase or lease of
9 agricultural land in this state. A life science
10 enterprise that complies with".
11 2. Page 1, by inserting after line 22 the
12 following:
13 "Sec. . EFFECTIVE DATE. This Act, being deemed
14 of immediate importance, takes effect upon enactment."
15 3. Title page, line 2, by inserting after the
16 word "financing" the following: ", and providing an
17 effective date".
18 4. By renumbering as necessary.
The committee amendment H-1192 was adopted.
Hogg of Linn asked and received unanimous consent that
amendment H-1385 be deferred.
Kuhn of Floyd offered the following amendment H-1280 filed by
Kuhn, et al., and moved its adoption:
H-1280
1 Amend House File 358 as follows:
2 1. Page 1, by inserting after line 22 the
3 following:
4 "Sec. . Section 15E.202, subsection 7, Code
5 2003, is amended to read as follows:
6 7. "Biotechnology enterprise" means an enterprise
7 organized under the laws of this state using
8 biological systems or techniques for the development
9 of specialized plant or animal characteristics for
10 beneficial nutritional, commercial, or industrial
11 purposes, including but not limited for the purposes
12 of a life science enterprise as provided in section
13 10C.2.
14 Sec. . 15E.202, Code 2003, is amended by adding
15 the following new subsections:
16 NEW SUBSECTION. 7A. "Biotechnological system or
17 technique" means any scientific process, including but
18 not limited to a transgenic process, that involves
19 changing an organism's original genetic code or
20 modifying enzymes in living cells to cause a specific
21 biochemical reaction, other than by breeding or
22 pollination. For purposes of this subsection, a life
23 science product as provided in chapter 10C is produced
24 using a biotechnological system or technique.
25 NEW SUBSECTION. 16A. "Processing" means turning
26 an agricultural commodity into an agricultural
27 processed product by physical or chemical
28 modification, including but not limited to canning,
29 freezing, drying, dehydrating, cooking, pressing,
30 powdering, packaging, repacking, baking, heating,
31 mixing, grinding, churning, separating, extracting,
32 cutting, fermenting, eviscerating, preserving,
33 jarring, brewing, or slaughtering.
34 Sec. . Section 15E.209, subsection 3, Code
35 2003, is amended to read as follows:
36 3. A An Iowa agricultural industry finance
37 corporation shall not provide financing to support an
38 outstanding debt or other obligation, regardless of
39 whether the original financing was provided by a
40 corporation.
41 4. a. An Iowa agricultural industry finance
42 corporation that receives an Iowa agricultural
43 industry finance loan shall invest at least fifty
44 percent of all of its moneys to finance an Iowa
45 agricultural industry venture involving processing.
46 b. An Iowa agricultural industry finance
47 corporation that receives an Iowa agricultural
48 industry finance loan shall not invest more than fifty
49 percent of all of its moneys in a business which
50 produces or studies the production of an article
Page 2
1 derived from a biotechnological system or technique.
2 An Iowa agricultural industry finance corporation's
3 moneys include moneys that originate from an Iowa
4 agricultural industry finance loan or any another
5 source. The investment referred to in paragraph "a"
6 may be in the form of financing as provided in this
7 section or may be the acquisition of an equity
8 interest in a business."
Roll call was requested by Myers of Johnson and Kuhn of Floyd.
Rule 75 was invoked.
On the question "Shall amendment H-1280 be adopted?" (H.F. 358)
The ayes were, 49:
|
Bell | Berry | Bukta | Cohoon |
|
Connors | Dandekar | Davitt | De Boef |
|
Fallon | Foege | Ford | Frevert |
|
Gaskill | Greimann | Heddens | Hogg |
|
Hunter | Huser | Jochum | Kuhn |
|
Lensing | Lykam | Mascher | McCarthy |
|
Mertz | Miller | Murphy | Myers |
|
Oldson | Olson, D. | Olson, S. | Osterhaus |
|
Petersen | Quirk | Rayhons | Reasoner |
|
Shoultz | Smith | Stevens | Struyk |
|
Swaim | Taylor, D. | Taylor, T. | Thomas |
|
Wendt | Whitaker | Whitead | Winckler |
|
Wise |
|
|
The nays were, 51:
|
Alons | Arnold | Baudler | Boal |
|
Boddicker | Boggess | Chambers | 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 | Paulsen |
|
Raecker | Rants, Spkr. | Rasmussen | Roberts |
|
Sands | Schickel | Tjepkes | Tymeson |
|
Upmeyer | Van Engelenhoven | Van Fossen, J.K. | Van Fossen, J.R. |
|
Watts | Wilderdyke | Carroll, |
|
| | Presiding |
|
|
Absent or not voting, none.
Amendment H-1280 lost.
Hogg of Linn offered the following amendment H-1385 filed by him
from the floor, previously deferred, and moved its adoption:
H-1385
1 Amend House File 358 as follows:
2 1. Page 1, line 11, by inserting after the word
3 "land." the following: "A life science enterprise
4 that receives any form of financing from an Iowa
5 agricultural industry finance corporation as provided
6 in chapter 15E shall file a life science security plan
7 with the department of economic development according
8 to procedures required by the department. However,
9 the plan must be submitted to the department no later
10 than ninety days after the life science enterprise's
11 application for financial assistance has been
12 approved. The plan shall provide for management
13 practices which include safeguards designed to protect
14 against threats presented by terrorism and to ensure
15 the protection of human health, the natural
16 environment, and agricultural products. The plan
17 shall be approved by the department of economic
18 development. If the department approves the plan, the
19 department shall also submit the plan to the Iowa
20 department of public health, the department of natural
21 resources, the department of agriculture and land
22 stewardship, and the emergency management division of
23 the department of public defense for further approval.
24 The further approvals or any disapproval by another
25 department shall be returned to the department of
26 economic development. Any disapproval shall include
27 reasons for the disapproval. The life science
28 enterprise shall resubmit a plan until the plan is
29 approved by each of the departments."
30 2. By renumbering as necessary.
Amendment H-1385 lost.
Alons of Sioux moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (H.F. 358)
The ayes were, 54:
|
Alons | Baudler | Boal | Boddicker | |
Boggess | Chambers | Dandekar | 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 | |
Rayhons | Roberts | Sands | Schickel | |
Struyk | Tjepkes | Tymeson | Upmeyer | |
Van Fossen, J.K. | Van Fossen, J.R. | Watts | Wilderdyke | |
Wise | Carroll, | |
| Presiding | |
|
The nays were, 45:
|
Arnold | Bell | Berry | Bukta | |
Cohoon | Connors | Davitt | De Boef | |
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 | |
|
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Unfinished Business Calendar
Senate File 353, a bill for an act requiring establishment of
county child protection assistance teams, with report of committee
recommending passage, was taken up for consideration.
Roberts of Carroll 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. 353)
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.
SENATE AMENDMENTS CONSIDERED
Boddicker of Cedar called up for consideration House File 565, a
bill for an act relating to the healthy and well kids in Iowa program,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-1366:
H-1366
1 Amend House File 565, as passed by the House, as
2 follows:
3 1. Page 1, line 11, by inserting after the word
4 "amounts" the following: "of not less than ten
5 dollars per individual and twenty dollars per family,
6 if not otherwise prohibited by federal law,".
7 2. Page 2, by striking line 32, and inserting the
8 following: "shall be assessed on a sliding fee scale
9 based on family".
10 3. Page 3, by striking lines 15 and 16, and
11 inserting the following:
12 "e. Is not currently covered under or was not
13 covered within the prior six months under a group
14 health plan as".
15 4. Page 3, by inserting after line 33, the
16 following:
17 "Sec. . MONITORING AND REPORTING REQUIREMENTS.
18 The department of human services shall monitor the
19 effects of the striking of section 514I.5, subsection
20 8, paragraph "m", by this Act, until June 30, 2005.
21 The department shall submit a report to the general
22 assembly annually on January 15, during the period
23 ending June 30, 2005, that includes the reporting of
24 any increased cost of the hawk-i program resulting
25 from the striking of the paragraph described in this
26 section."
27 5. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1366.
Boddicker of Cedar 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. 565)
The ayes were, 98:
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Bukta | Chambers | Cohoon | Connors | |
Dandekar | Davitt | De Boef | Dennis | |
Dix | Dolecheck | Drake | Eichhorn | |
Elgin | Fallon | Foege | Ford | |
Freeman | Frevert | Gaskill | Gipp | |
Granzow | Greimann | Greiner | Hahn | |
Hansen | Hanson | Heaton | Heddens | |
Hoffman | Hogg | Horbach | Hunter | |
Huseman | Huser | Hutter | Jacobs | |
Jenkins | Jochum | Jones | Klemme | |
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 | Carroll, | |
| Presiding | |
|
The nays were, none.
Absent or not voting, 2:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Upmeyer of Hancock called up for consideration House File 386, a
bill for an act relating to the department of elder affairs including
provisions relating to the elder Iowans Act, amended by the Senate,
and moved that the House concur in the following Senate amendment
H-1349:
H-1349
1 Amend House File 386, as passed by the House, as
2 follows:
3 1. Page 5, by inserting after line 1 the
4 following:
5 "Sec. . NEW SECTION. 231.23A PROGRAMS AND
6 SERVICES.
7 The department of elder affairs shall provide or
8 administer, but is not limited to providing or
9 administering, all of the following programs and
10 services:
11 1. Elderly services including but not limited to
12 home and community-based services such as adult day
13 services, assessment and intervention, transportation,
14 chore services, counseling, homemaker services,
15 material aid, personal care, reassurance, respite
16 services, visitation, caregiver support, emergency
17 response system services, mental health outreach, and
18 home repair.
19 2. The senior internship program.
20 3. The retired senior volunteer program.
21 4. The case management program for the frail
22 elderly.
23 5. Administration relating to the long-term care
24 resident's advocate program and training for resident
25 advocate committees.
26 6. Administration relating to the area agencies on
27 aging.
28 7. Other programs and services authorized by law."
29 2. Page 10, line 1, by inserting after the word
30 "out" the following: "reasonably and".
31 3. By renumbering, relettering, or redesignating
32 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1349.
Upmeyer of Hancock 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. 386)
The ayes were, 98:
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Bukta | Chambers | Cohoon | Connors | |
Dandekar | Davitt | De Boef | Dennis | |
Dix | Dolecheck | Drake | Eichhorn | |
Elgin | Fallon | Foege | Ford | |
Freeman | Frevert | Gaskill | Gipp | |
Granzow | Greimann | Greiner | Hahn | |
Hansen | Hanson | Heaton | Heddens | |
Hoffman | Hogg | Horbach | Hunter | |
Huseman | Huser | Hutter | Jacobs | |
Jenkins | Jochum | Jones | Klemme | |
Kramer | Kuhn | Kurtenbach | Lalk | |
Lensing | Lukan | Lykam | Maddox | |
Manternach | Mascher | McCarthy | Mertz | |
Miller | Murphy | 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 | Carroll, | |
| Presiding | |
|
The nays were, none.
Absent or not voting, 2:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
MESSAGES FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 22, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 492, a bill for an act relating to soil conservation by providing for the
acquisition of land by soil and water conservation districts, and eliminating certain
reporting requirements.
Also: That the Senate has on April 22, 2003, adopted the following resolution in
which the concurrence of the Senate was asked:
House Concurrent Resolution 19, a concurrent resolution urging congressional
adoption of a free trade agreement between Taiwan and the United States.
MICHAEL E. MARSHALL, Secretary
HOUSE RECEDES
Horbach of Tama called up for consideration Senate File 435, a
bill for an act relating to and making appropriations to the judicial
branch, amended by the House and moved that the House recede
from its amendment.
The motion prevailed and the House recedes.
Horbach of Tama 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. 435)
The ayes were, 89:
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Bukta | Chambers | Cohoon | Connors | |
Dandekar | De Boef | Dennis | Dix | |
Dolecheck | Drake | Eichhorn | Elgin | |
Fallon | Foege | Ford | Freeman | |
Gipp | Granzow | Greimann | Greiner | |
Hahn | Hansen | Hanson | Heaton | |
Heddens | Hoffman | Hogg | Horbach | |
Hunter | Huseman | Huser | Hutter | |
Jacobs | Jenkins | Jochum | Jones | |
Klemme | Kramer | Kurtenbach | Lalk | |
Lensing | Lukan | Lykam | Maddox | |
Manternach | Mascher | McCarthy | Mertz | |
Miller | Murphy | Myers | Oldson | |
Olson, D. | Olson, S. | Osterhaus | Paulsen | |
Petersen | Raecker | Rasmussen | Rayhons | |
Reasoner | Roberts | Sands | Schickel | |
Shoultz | Struyk | Taylor, D. | Taylor, T. | |
Tjepkes | Tymeson | Upmeyer | Van Engelenhoven | |
Van Fossen, J.K. | Van Fossen, J.R. | Watts | Wendt | |
Whitead | Wilderdyke | Winckler | Wise | |
Carroll, | |
Presiding | |
|
The nays were, 10: |
|
Davitt | Frevert | Gaskill | Kuhn | |
Quirk | Smith | Stevens | Swaim | |
Thomas | Whitaker | |
|
Absent or not voting, 1:
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 358, 386, 565 and Senate File 353.
Unfinished Business Calendar
The House resumed consideration of Senate File 343, a bill for an
act relating to operation permits for public disposal systems and
providing an effective date, previously deferred.
Greimann of Story offered amendment H-1398 filed by her from
the floor as follows:
H-1398
1 Amend Senate File 343, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 455B.171, subsection 4, Code
6 2003, is amended to read as follows:
7 4. "Credible data" means scientifically valid
8 chemical, physical, or biological monitoring data
9 collected under a scientifically accepted sampling and
10 analysis plan, including quality control and quality
11 assurance procedures, and scientifically valid
12 evaluative data and information documented by a
13 qualified professional in the department such as a
14 professional engineer, biologist, or hydrologist, or
15 by a professional designee of the department, as
16 defined in section 455B.193, subsection 1. Data dated
17 more than five ten years before the department's date
18 of listing or other determination under section
19 455B.194, subsection 1, shall be presumed not to be
20 credible data unless the department identifies
21 compelling reasons as to why the data is credible.
22 Sec. . Section 455B.171, subsection 8, Code
23 2003, is amended to read as follows:
24 8. "Historical data" means data collected more
25 than five ten years before the department's date of
26 listing or other determination under section 455B.194,
27 subsection 1."
28 2. Page 1, line 11, by inserting after the word
29 "methods" the following: "using credible data".
30 3. Page 1, by inserting after line 12 the
31 following:
32 "Sec. . Section 455B.193, subsection 1, Code
33 2003, is amended to read as follows:
34 1. Data is not credible data unless the data
35 originates from studies and samples collected by the
36 department, a professional designee of the department,
37 or a qualified volunteer. For purposes of this
38 subsection, "professional designee" includes
39 governmental agencies other than the department, and a
40 person hired by, or under contract for compensation
41 with, the department to collect or study data, and a
42 qualified volunteer who has passed the third level of
43 training in quality control and quality assessment
44 measures under the Iowa water pollution control works
45 and drinking water facilities financing program.
46 Sec. . Section 455B.194, subsection 1,
47 paragraph a, Code 2003, is amended by striking the
48 paragraph.
49 Sec. . Section 455B.195, subsection 1,
50 paragraph b, Code 2003, is amended to read as follows:
Page 2
1 b. The data quality for removal of water of the
2 state from any list of impaired waters including any
3 section 303(d) list shall be the same as the data
4 quality for adding a water to that list. A water of
5 the state that is placed on a section 303(d) list
6 shall not be removed from a section 303(d) list due to
7 lack of credible data."
8 4. Title page, line 1, by inserting after the
9 word "systems" the following: "and credible data
10 concerning water quality".
11 5. By renumbering as necessary.
Greiner of Washington rose on a point of order that amendment H-
1398 was not germane.
The Speaker ruled the point well taken and amendment H-1398
not germane.
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. 343)
The ayes were, 61:
|
Alons | Arnold | Baudler | Boal | |
Boddicker | Boggess | Chambers | De Boef | |
Dennis | Dix | Dolecheck | Drake | |
Eichhorn | Elgin | Freeman | Gaskill | |
Gipp | Granzow | Greiner | Hahn | |
Hansen | Hanson | Heaton | Hoffman | |
Horbach | Huseman | Huser | Hutter | |
Jacobs | Jenkins | Jones | Klemme | |
Kramer | Kuhn | Kurtenbach | Lalk | |
Lukan | Manternach | Mertz | Olson, S. | |
Paulsen | Quirk | Raecker | Rants, Spkr. | |
Rasmussen | Rayhons | Roberts | Sands | |
Schickel | Stevens | Struyk | Thomas | |
Tjepkes | Tymeson | Upmeyer | Van Engelenhoven | |
Van Fossen, J.K. | Van Fossen, J.R. | Watts | Wilderdyke | |
Carroll, | |
Presiding | |
|
The nays were, 39:
|
Bell | Berry | Bukta | Cohoon | |
Connors | Dandekar | Davitt | Fallon | |
Foege | Ford | Frevert | Greimann | |
Heddens | Hogg | Hunter | Jochum | |
Lensing | Lykam | Maddox | Mascher | |
McCarthy | Miller | Murphy | Myers | |
Oldson | Olson, D. | Osterhaus | Petersen | |
Reasoner | Shoultz | Smith | Swaim | |
Taylor, D. | Taylor, T. | 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.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 343 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
The House resumed consideration House File 594, a bill for an
act relating to the registration of electrical and mechanical
amusement devices and the registration of manufacturers and
distributors thereof, making an appropriation, making penalties
applicable, and providing an effective date, amended by the Senate
amendment H-1369, pending and found on pages 1229 and 1230 of
the House Journal.
Heaton of Henry asked and received unanimous consent to
withdraw amendment H-1396, to the Senate amendment H-1369,
filed by him from the floor.
Petersen of Polk offered the following amendment H-1394, to the
Senate amendment H-1369, filed by her and Wise of Lee from the
floor and moved its adoption:
H-1394
1 Amend the Senate amendment, H-1369, to House File
2 594, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 27 the
5 following:
6 " . Page 2, line 12, by inserting after the
7 words "in this state." the following: "Fees collected
8 pursuant to this section shall not be deposited in the
9 general fund of the state but are appropriated to the
10 department of human services for the purpose of
11 increasing registered child care inspections.""
Amendment H-1394 lost.
Petersen of Polk asked and received unanimous consent to
withdraw amendment H-1395, to the Senate amendment H-1369,
filed by her from floor.
On motion by Roberts of Carroll the House concurred in the Senate
amendment H-1369.
Roberts of Carroll 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. 594)
The ayes were, 94:
|
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 | 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 | |
Maddox | Manternach | Mascher | McCarthy | |
Mertz | 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 | |
Wise | Carroll, | |
| Presiding | |
|
The nays were, 4:
|
Gaskill | Lykam | Miller | Winckler | |
|
Absent or not voting, 2:
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
Unfinished Business Calendar
Senate File 405, a bill for an act relating to the authority of a city
to acquire equity interests in business entities for the purpose of
participating in electric energy transmission service, 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. 405)
The ayes were, 82:
|
Alons | Baudler | Bell | Berry | |
Boal | Boggess | Bukta | Chambers | |
Cohoon | Connors | Dandekar | Davitt | |
Dennis | Dix | Dolecheck | Drake | |
Eichhorn | Elgin | Fallon | Foege | |
Freeman | Frevert | Gaskill | Gipp | |
Greimann | Greiner | Hahn | Hansen | |
Hanson | Heaton | Heddens | Hoffman | |
Hogg | Huseman | Jacobs | Jenkins | |
Jochum | Jones | Klemme | Kuhn | |
Lensing | Lukan | Lykam | Maddox | |
Mascher | McCarthy | Mertz | Miller | |
Murphy | Myers | Oldson | Olson, D. | |
Olson, S. | Osterhaus | Paulsen | Petersen | |
Quirk | Raecker | Rants, Spkr. | Reasoner | |
Roberts | Sands | Schickel | Shoultz | |
Smith | Stevens | Struyk | Swaim | |
Taylor, D. | Taylor, T. | Thomas | Tjepkes | |
Tymeson | Upmeyer | Watts | Wendt | |
Whitaker | Whitead | Wilderdyke | Winckler | |
Wise | Carroll, | |
| Presiding | |
|
The nays were, 18:
|
Arnold | Boddicker | De Boef | Ford | |
Granzow | Horbach | Hunter | Huser | |
Hutter | Kramer | Kurtenbach | Lalk | |
Manternach | Rasmussen | Rayhons | Van Engelenhoven | |
Van Fossen, J.K. | 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.
SENATE AMENDMENT CONSIDERED
Schickel of Cerro Gordo called up for consideration House File
584, a bill for an act providing for exceptions to municipal tort
liability for certain activities, amended by the Senate amendment H-
1337:
H-1337
1 Amend House File 584, as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 9 through 12, and
4 inserting the following: "constructed or
5 reconstructed, reasonably and in good faith, in
6 accordance with a generally recognized engineering or
7 safety standard, criteria, standards or design theory
8 theories in existence at the time of the construction
9 or reconstruction."
10 2. By renumbering as necessary.
Miller of Webster offered the following amendment H-1379, to the
Senate amendment H-1337, filed by her and moved its adoption:
H-1379
1 Amend the Senate amendment, H-1337, to House File
2 584, as passed by the House, as follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 1, by inserting before line 1 the
6 following:
7 "Section 1. NEW SECTION. 321G.23a RECREATIONAL
8 RIDING AREA - LIMITATION OF LIABILITY OF PRIOR
9 LANDOWNERS.
10 Prior owners of land on which an all-terrain
11 vehicle recreational riding area is established,
12 maintained, or operated owe no duty of care to keep
13 the land safe for entry or use by persons operating an
14 all-terrain vehicle or to give any warning of a
15 dangerous condition, use, structure, or activity on
16 such premises that would make the land unsafe for all-
17 terrain vehicle usage.""
18 2. Title page, line 1, by striking the words
19 "municipal tort".
20 3. By renumbering as necessary.
Amendment H-1379 was adopted.
On motion by Schickel of Cerro Gordo, the House concurred in the
Senate amendment H-1337, as amended.
Schickel of Cerro Gordo 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. 584)
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 | 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.
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
SENATE AMENDMENT CONSIDERED
Eichhorn of Hamilton called up for consideration House File 404,
a bill for an act authorizing a sentencing court to issue no-contact
orders against persons arrested for any public offense, amended by
the Senate, and moved that the House concur in the following Senate
amendment H-1323:
H-1323
1 Amend House File 404, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 17, by inserting after the word
4 "victim" the following: ", a person residing with the
5 victim, a member of the victim's immediate family, or
6 a witness to the offense".
7 2. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1323.
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. 404)
The ayes were, 99:
|
Alons | Arnold | Baudler | Bell | |
Berry | Boal | Boddicker | Boggess | |
Bukta | Chambers | Cohoon | Connors | |
Dandekar | Davitt | De Boef | Dennis | |
Dix | Dolecheck | Drake | Eichhorn | |
Elgin | Fallon | Foege | Ford | |
Freeman | Frevert | Gaskill | Gipp | |
Granzow | Greimann | Greiner | Hahn | |
Hansen | Hanson | Heaton | Heddens | |
Hoffman | Hogg | Horbach | Hunter | |
Huseman | Huser | Hutter | Jacobs | |
Jenkins | Jochum | Jones | Klemme | |
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:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Alons of Sioux called up for consideration House File 644, a bill
for an act providing for manure application requirements, providing
for fees, making penalties applicable, and providing effective dates,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-1370:
H-1370
1 Amend House File 644, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 3, by striking lines 11 through 13, and
4 inserting the following: "license pursuant to section
5 17A.18A. The".
6 2. Page 6, by striking lines 28 through 34, and
7 inserting the following:
8 "The department may issue an order to suspend or
9 revoke the certification of a commercial manure
10 service representative for a violation of this
11 chapter. The department shall issue an order for the
12 suspension".
13 3. By striking page 10, line 16, through page 12,
14 line 25.
15 4. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1370.
Alons of Sioux 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. 644)
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.
INTRODUCTION OF BILL
House File 692, by committee on ways and means, a bill for an
act relating to taxation of property and income and including effective
date and applicability date provisions.
Read first time and placed on the ways and means calendar.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 404, 584, 594, 644 and Senate File 405.
MOTION TO RECONSIDER
(Senate File 435)
I move to reconsider the vote by which Senate File 435 passed the
House on April 22, 2003.
HORBACH of Tama
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 22nd day of April, 2003: House Files 204, 390, 392, 480, 493, 505, 545, 603 and
641.
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 21, 2003, he approved and transmitted to the Secretary of
State the following bills:
House File 170, an Act relating to the criminal offense of identity theft by making
changes in the elements of the offense.
House File 344, an Act allowing a refund of motor fuel taxes paid by a benefited
fire district.
House File 349, an Act relating to the representation of indigent persons and
indigent defense claims.
House File 380, 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.
House File 389, an Act providing for miscellaneous technical and substantive
changes relating to controlled and precursor substances.
House File 395, an Act relating to the extension of credit without discrimination
under the consumer credit code.
Senate File 3, an Act relating to the inclusion of certain information in a
termination of pregnancy report.
Senate File 119, an Act relating to real estate appraiser certification.
Senate File 155, an Act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update
ongoing provisions, or remove ambiguities, and including effective and retroactive
applicability date provisions.
Senate File 201, 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.
Senate File 236, an Act relating to the time periods that unclaimed
demutualization proceeds and wages are presumed to be abandoned and providing an
effective date.
Senate File 303, an Act relating to the contents of certain child abuse assessment
reports.
Senate File 395, 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.
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\1253 Dale and Janice Wagner, Indianola - For celebrating their 50th
wedding anniversary.
2003\1254 Herbert Walk, Indianola - For celebrating his 85th birthday.
2003\1255 Florence Zimmerman, Indianola - For celebrating her 89th birthday.
2003\1256 Helen Schadde, Creston - For celebrating her 80th birthday.
2003\1257 Jim Danner, Lucas - For celebrating his 95th birthday.
2003\1258 Myrna Shope, Marshalltown - For celebrating her 80th birthday.
2003\1259 Carol and Richard Weidner, Marshalltown - For celebrating their
50th wedding anniversary.
2003\1260 Gwen and Urban Long, Marshalltown - For celebrating their 57th
wedding anniversary.
2003\1261 Dorothy Olsen, Sioux City - For celebrating her 80th birthday.
2003\1262 Robert and Rita Welter, Cedar Falls - For celebrating their 50th
wedding anniversary.
2003\1263 John Madden, Rock Rapids - For being one of four men to receive a
2003 Distinguished Engineer Award from South Dakota State
University.
2003\1264 Wallace Caswell, Inwood - For being a 2003 winner of the Tradition
of Caring Jefferson Award for Public Service.
2003\1265 Agnes Mobley, Shenandoah - For celebrating her 90th birthday.
2003\1266 Verne and Ruth Drews, Clinton - For celebrating their 50th wedding
anniversary.
2003\1267 LeRoy and Myrna Mohr, Clinton - For celebrating their 60th
wedding anniversary.
2003\1268 Joyce and Arnold Andersen, Clinton - For celebrating their 50th
wedding anniversary.
2003\1269 Elmer Seiler, Clinton - For celebrating his 90th birthday.
2003\1270 Leonard Peters, Clinton - For celebrating his 90th birthday.
2003\1271 Henry Rose, Eldora - For celebrating his 80th birthday.
2003\1272 Mary Fisher, Hubbard - For celebrating her 95th birthday.
2003\1273 Dorothy Roelfs, Ackley - For celebrating her 85th birthday.
2003\1274 Margaret Johns, Ackley - For celebrating her 85th birthday.
2003\1275 Clarence Blanchard, Hampton - For celebrating his 90th birthday.
2003\1276 Beecher Crosley, Eldora - For celebrating his 90th birthday.
2003\1277 Woody Fisher, Ackley - For celebrating his 98th birthday.
2003\1278 Vera Baumann, Iowa Falls - For celebrating her 85th birthday.
2003\1279 Verna Kielsmeier, Alden - For celebrating her 80th birthday.
2003\1280 Vera and Ted Cutler, New Providence - For celebrating their 65th
wedding anniversary.
2003\1281 Henry and Dorothy Jensen, Hubbard - For celebrating their 60th
wedding anniversary.
2003\1282 Lloyd and Martha McDonald, New Providence - For celebrating
their 50th wedding anniversary.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly LSB 3461YC), resulting to state and local government
financial and regulatory matters and providing for applicability.
Fiscal note is required.
Recommended Amend and Do Pass April 22, 2003.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 312), relating to taxation of property
and income and including effective date and applicability date provisions.
Fiscal note is not required.
Recommended Amend and Do Pass April 22, 2003.
RESOLUTION FILED
HR 55, by Boal, Tymeson, Boddicker, Manternach, Paulsen and
Gipp, a resolution reaffirming Iowa's commitment to freedom and
democracy and calling for an end to terrorism.
Laid over under Rule 25.
AMENDMENTS FILED
H-1386 H.F. 685 Smith of Marshall
Berry of Black Hawk Hogg of Linn
Whitead of Woodbury Wendt of Woodbury
Lensing of Johnson Greimann of Story
Petersen of Polk Mertz of Kossuth
Foege of Linn D. Olson of Boone
H-1387 H.F. 685 Smith of Marshall
Berry of Black Hawk Whitead of Woodbury
Osterhaus of Jackson Jochum of Dubuque
Wendt of Woodbury Lensing of Johnson
Miller of Webster Petersen of Polk
Mertz of Kossuth Foege of Linn
D. Olson of Boone
H-1388 H.F. 685 Smith of Marshall
Berry of Black Hawk Hogg of Linn
Wise of Lee Whitead of Woodbury
Kuhn of Floyd Osterhaus of Jackson
Jochum of Dubuque Wendt of Woodbury
Lensing of Johnson Greimann of Story
Foege of Linn Whitaker of Van Buren
Swaim of Davis Miller of Webster
Struyk of Pottawattamie Petersen of Polk
Mertz of Kossuth Frevert of Palo Alto
Bell of Jasper Cohoon of Des Moines
D. Olson of Boone
H-1389 S.F. 94 Senate Amendment
H-1390 H.F. 686 Shoultz of Black Hawk
H-1392 H.F. 685 Huser of Polk
H-1393 S.F. 383 Tymeson of Madison
Stevens of Dickinson
Schickel of Cerro Gordo
H-1397 H.F. 674 Whitaker of Van Buren
Tymeson of Madison
Murphy of Dubuque
Paulsen of Linn
H-1399 H.F. 691 Horbach of Tama
H-1400 H.F. 668 Jenkins of Black Hawk
H-1401 H.F. 691 Horbach of Tama
H-1402 H.F. 691 Baudler of Adair
Tjepkes of Webster
J.R. Van Fossen of Scott
Bell of Jasper
Connors of Polk
H-1403 H.F. 679 Eichhorn of Hamilton
Miller of Webster
H-1404 H.F. 677 Lukan of Dubuque
H-1405 S.F. 422 Fallon of Polk
H-1406 H.F. 686 Ford of Polk
H-1407 H.F. 675 Upmeyer of Hancock
On motion by Gipp of Winneshiek the House adjourned at 7:49
p.m., until 8:45 a.m., Wednesday, April 23, 2003.
© 2003 Cornell College and
League of Women Voters of Iowa
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