The nays were, 51:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Carroll | Chambers |
| De Boef | Dennis | Dix | Dolecheck |
| Drake | Elgin | Freeman | Gipp |
| Greiner | Hahn | Hansen | Hanson |
| Hoffman | Horbach | Huseman | Hutter |
| Jacobs | Jenkins | Jones | Klemme |
| Kramer | Kurtenbach | Lalk | Lukan |
| Maddox | Manternach | Olson, S. | Paulsen |
| Raecker | Rants, Spkr. | Rasmussen | Rayhons |
| Sands | Schickel | Tjepkes | Tymeson |
| Upmeyer | Van Engelenhoven | Van Fossen, J.K. | Van Fossen, J.R. |
| Watts | Wilderdyke | Roberts, | |
| Presiding | |||
Absent or not voting, 1:
| Bukta | |
Amendment H-1451 lost.
Hogg of Linn asked and received unanimous consent that
amendment H-1168 be deferred.
Van Engelenhoven of Marion asked and received unanimous
consent to withdraw amendment H-1179 filed by Van Engelenhoven,
et al., on March 26, 2003.
Hogg of Linn asked and received unanimous consent to withdraw
amendment H-1182 filed by him on March 27, 2003.
Elgin of Linn asked and received unanimous consent to withdraw
amendment H-1232 filed by him on April 2, 2003.
Hogg of Linn asked and received unanimous consent to withdraw
amendment H-1178 filed by him on March 26, 2003.
Wise of Lee asked and received unanimous consent to withdraw
amendment H-1206 filed by him on March 31, 2003.
Jochum of Dubuque offered the following amendment H-1193,
previously deferred, filed by her and moved its adoption:
H-1193
1 Amend Senate File 390, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 331.210A, subsection 2, Code
6 2003, is amended by adding the following new
7 paragraph:
8 NEW PARAGRAPH. f. (1) Notwithstanding the
9 provisions of this section to the contrary, a county
10 that has adopted a charter for a city-county
11 consolidated form of government or a community
12 commonwealth form of government and which charter
13 provides for representation by districts, the
14 legislative service bureau, and not the temporary
15 county redistricting commission, shall draw a first or
16 second plan as necessary and required by paragraph "a"
17 pursuant to a contract executed with the county. The
18 plan drawn by the legislative service bureau shall be
19 based upon the precinct plan adopted for use by the
20 county and shall be drawn in accordance with section
21 42.4, to the extent applicable.
22 (2) The plan drawn by the legislative service
23 bureau shall be submitted to the temporary county
24 redistricting commission which shall not amend the
25 plan and which shall perform the duties required by
26 paragraphs "b" and "c" concerning the plan. The
27 temporary county redistricting commission shall accept
28 the plan in total or it may request and contract to
29 have a second plan prepared by the legislative service
30 bureau. In doing so, the temporary county
31 redistricting commission shall state its objections to
32 the first plan in writing.
33 (3) After the requirements of paragraphs "b" and
34 "c" have been met with respect to either a first or
35 second plan, the plan drawn by the legislative service
36 bureau and accepted by the temporary county
37 redistricting commission shall be submitted to the
38 governing body for its approval or rejection. If the
39 plan drawn by the legislative service bureau and
40 accepted by the temporary county redistricting
41 commission is rejected by the governing body, the
42 governing body may consider and accept the other plan
43 submitted by the legislative service bureau to the
44 temporary county redistricting commission, if any, or
45 shall direct the temporary county redistricting
46 commission to prepare another plan as provided by
47 paragraph "d".
48 Sec. 2. Section 331.231, subsection 5, Code 2003,
49 is amended to read as follows:
50 5. City-county consolidated form as provided in
Page 2
1
2 Sec. 3. Section 331.232, subsection 3, Code 2003,
3 is amended to read as follows:
4 3. An alternative form of county government shall
5 be submitted to the
6 commission in the form of a charter or charter
7 amendment.
8 Sec. 4. Section 331.234, subsections 3 and 4, Code
9 2003, are amended to read as follows:
10 3. The board shall make available to the
11 commission in-kind services such as office space,
12 printing, supplies, and equipment
13 shall pay from the segregated account established in
14 subsection 4, the other necessary expenses of the
15 commission including compensation for secretarial,
16 clerical, professional, and consultant services. The
17 total annual expenses, not including the value of in-
18 kind expenses, to be paid from public funds shall not
19 exceed one hundred thousand dollars or an amount equal
20 to thirty cents times the population of the commission
21 area, according to the most recent certified federal
22 census. The commission may employ staff as necessary.
23 4. The expenses of the commission
24
25 city and county participating in the charter process
26 or from any combination of public or private funds
27 available for that purpose. Each city's share shall
28 be its pro rata share of the expenses based upon the
29 ratio that the population of the city bears to the
30 total population in the county. The county's share
31 shall be its pro rata share of expenses based upon the
32 ratio that the population of the unincorporated area
33 of the county bears to the total population of the
34 county. The amount paid by each city and county
35 participating in the charter process shall be
36 deposited in a segregated account maintained by the
37 county. The commission's annual expenses may exceed
38 the amount in subsection 3 only if the excess is paid
39 from private funds. If a proposed charter is
40 submitted to the electorate, private funds donated to
41 the commission may be used to promote passage of the
42 proposed charter.
43 Sec. 5. Section 331.235, Code 2003, is amended to
44 read as follows:
45 331.235 COMMISSION PROCEDURES AND REPORTS.
46 1. Within sixty days after its organization, the
47 commission shall hold at least one public hearing for
48 the purpose of receiving information and material
49 which will assist in the drafting of a charter.
50 Notice of the date, time, and place of the hearing
Page 3
1 shall be given as provided in chapter 21. If the
2 commission is created pursuant to section 331.264,
3 subsection 4, the hearing shall be held thirty days
4 after submission of the preliminary report to the
5 board, pursuant to section 331.264, subsection 3.
6 2. Within nine months after the organization of
7 the commission, the commission shall submit a
8 preliminary report to the board, which report may
9 include the text of the proposed charter. If a
10 proposed charter is included in the preliminary
11 report, the report shall also include an analysis of
12 the fiscal impact of the proposed charter. Sufficient
13 copies of the report shall be made available for
14 distribution to residents of the county who request a
15 copy. The commission shall hold at least one public
16 hearing after submission of the preliminary report to
17 obtain public comment. This subsection does not apply
18 if the commission is created pursuant to section
19 331.264, subsection 4.
20 3. Within twenty months after organization, the
21 commission shall submit the final report to the board.
22 If the commission is created pursuant to section
23 331.264, subsection 4, the commission shall submit the
24 final report to the board within five months after
25 submission of the preliminary report to the board
26 pursuant to section 331.264, subsection 3. A
27 commission created pursuant to section 331.264,
28 subsection 4, may adopt a motion granting itself a
29 sixty-day extension of time for submission of its
30 final report. If the commission recommends a charter
31 including a form of government other than the existing
32 form of government, the final report shall include the
33 full text and an explanation of the proposed charter,
34 a statement of alternatives considered including but
35 not limited to the potential for agreements under
36 chapter 28E, a statement that the elected officers
37 shall be elected on a partisan basis, an analysis of
38 the fiscal impact of the proposed charter, any
39 comments deemed desirable by the commission, and any
40 minority reports. The final report may recommend no
41 change to the existing form of government and that no
42 charter be submitted to the electorate, in which case,
43 the report shall state the reasons for and against a
44 change in the existing form of government. The final
45 report shall be made available to the residents of the
46 county upon request. A summary of the final report
47 shall be published in the official newspapers of the
48 county and in a newspaper of general circulation in
49 each participating city.
50 4. The commission is dissolved on the date of the
Page 4
1
2 submitted to the electorate. However, if a charter
3 proposing the city-county consolidated form or the
4 community commonwealth form is adopted, the commission
5 is dissolved on the date that the terms of office of
6 the members of the governing body for the alternative
7 form of government commence. If a charter is not
8 recommended, the commission is dissolved upon
9 submission of its final report to the board.
10 Sec. 6. Section 331.237, subsection 3, Code 2003,
11 is amended to read as follows:
12 3. If a charter is submitted to the electorate but
13 is not adopted, another charter shall not be submitted
14 to the electorate for
15 adopted, it may be amended at any time. If a charter
16 is adopted, a proposed charter for another alternative
17 form of county government shall not be submitted to
18 the electorate for six years.
19 Sec. 7. Section 331.237, Code 2003, is amended by
20 adding the following new subsection:
21 NEW SUBSECTION. 4. Subsections 2 and 3 do not
22 apply to the city-county consolidated form of
23 government or the community commonwealth form of
24 government.
25 Sec. 8. Section 331.238, Code 2003, is amended by
26 adding the following new subsection:
27 NEW SUBSECTION. 4. Subsections 1 and 2 do not
28 apply to the city-county consolidated form of
29 government or the community commonwealth form of
30 government.
31 Sec. 9. Section 331.244, Code 2003, is amended by
32 adding the following new subsection:
33 NEW SUBSECTION. 3. This section does not apply to
34 the city-county consolidated form of government.
35 Sec. 10. Section 331.247, Code 2003, is amended to
36 read as follows:
37 331.247 CITY-COUNTY CONSOLIDATION FORM.
38 1. a
39
40
41 appointed pursuant to section 331.233A may propose a
42 charter under which a county and one or more cities
43 within the county may unite to form a single unit of
44 local government, or may propose a charter under which
45 a county and one or more cities within the county may
46 form a combined governance structure for the county
47 and such cities in accordance with this part. The
48 charter shall declare whether the form is a merger of
49 a county and one or more cities to form a single unit
50 of local government or whether the form establishes a
Page 5
1 combined government structure of a county and one or
2 more cities. Either option proposed shall be referred
3 to as a city-county consolidated form of government.
4 If more than fifty percent of the population of a city
5 resides within the affected county, it is a city
6 within the county for the purposes of this section and
7 may continue its status as a city within the county
8 even if the population of such city falls below the
9 fifty percent threshold in a future census.
10 2.
11
12
13
14 the
15 to the electorate of
16
17 charter for a city-county consolidated form of
18 government.
19
20
21 3.
22 county consolidated
23 government does not need to include more than one
24 city. A city shall not be included unless the city
25 participates in the commission process
26
27
28 4. If an alternative form of government for a
29 consolidated unit of local government is proposed,
30 approval of the consolidation charter shall be
31 separate
32 form of government in those cities proposed to be
33 included in the consolidation.
34
35
36
37
38 shall consolidate with the county if a majority of the
39 votes cast in the city on the proposal approves the
40 proposal. If one or more cities named on the ballot
41 approves the proposal, the charter is adopted if both
42 a majority of the votes cast in the unincorporated
43 area of the county approves the proposal and a
44 majority of the votes cast in the entire county
45 approves the proposal.
46 5. A city may request to join an existing city-
47 county consolidated government by resolution of the
48 city council or upon petition of eligible electors of
49 the city equal in number to at least twenty-five
50 percent of the persons who voted at the last
Page 6
1
2
3 election. Within fifteen days after receiving a valid
4 petition, the city council of the petitioning city
5 shall adopt a resolution in favor of participation and
6 shall
7 forward the resolution to the
8 body of the city-county consolidated government. If a
9 majority of the
10 governing body of the city-county consolidated
11 government approves the resolution, the question of
12 joining the city-county consolidated government shall
13 be submitted to the electorate of the petitioning city
14 within sixty days after approval of the resolution.
15 6. a. If a charter is adopted, it may be amended
16 at any time by one of the following methods:
17 (1) The governing body of the city-county
18 consolidated form of government, by resolution, may
19 submit a proposed amendment to the voters at a general
20 election, and the proposed amendment becomes effective
21 upon approval by a majority of those voting.
22 (2) The governing body of the city-county
23 consolidated form of government, by ordinance, may
24 amend the charter. However, within thirty days
25 following publication of the ordinance, if a petition
26 valid under the provisions of section 331.306 is filed
27 with the governing body of the city-county
28 consolidated form of government, the governing body
29 must submit the charter amendment to the voters at the
30 next general election and, in such an event, the
31 amendment becomes effective only upon approval of a
32 majority of those voting within the city-county
33 consolidated area.
34 (3) If a petition valid under the provisions of
35 section 331.306 filed with the governing body of the
36 city-county consolidated form of government, proposing
37 an amendment to the charter, the governing body must
38 submit the proposed amendment to the voters at a
39 general election and, in such an event, the amendment
40 becomes effective only upon approval of a majority of
41 those voting within the city-county consolidated area.
42 b. If an election is held, the governing body
43 shall submit the question of amending the charter to
44 the electors in substantially the following form:
45 Should the amendment described below be adopted for
46 the city-county consolidated charter of (insert name
47 of county and of each consolidated city)?
48 The ballot must contain a brief description and
49 summary of the proposed amendment.
50 c. An amendment shall not adopt an alternative
Page 7
1 form of county government but an amendment may allow
2 the governing body of a city-county consolidated form
3 of government that has a combined governance structure
4 to adopt a city-county consolidated form of government
5 under which a county and one or more cities within the
6 county unite to form a single unit of local
7 government.
8 Sec. 11. Section 331.248, subsection 1, Code 2003,
9 is amended to read as follows:
10 1. The charter commission proposing
11 a city-county consolidated form of government shall
12 prepare, adopt, and
13 the voters
14
15 Sec. 12. Section 331.248, subsection 2, Code 2003,
16 is amended to read as follows:
17 2. The
18 consolidated form of government shall:
19 a. Provide for adjustment of existing bonded
20 indebtedness and other obligations in a manner which
21 will provide for a fair and equitable burden of
22 taxation for debt service.
23 b. Provide for establishment of service areas,
24 except that formation of a city-county
25
26 affect the assignment of electric utility service
27 territories pursuant to chapter 476, and shall not
28 affect the rights of a city to grant a franchise under
29 chapter 364.
30 c. Provide for the transfer or other disposition
31 of property and other rights, claims, assets, and
32 franchises of
33 city consolidated under the alternative form.
34 d. Provide the official name of the city-county
35 consolidated
36 government.
37 e. Provide for the transfer, reorganization,
38 abolition, absorption, and adjustment of boundaries of
39 all existing boards, bureaus, commissions, agencies,
40 special districts, and political subdivisions of the
41 city-county consolidated form of government.
42 f.
43
44
45
46 power and authority not inconsistent with state law.
47 g. Provide for a governing body of an odd number
48 of members, not less than five, but which may exceed
49 the number of members specified in sections 331.201,
50 331.203, and 331.204. The titles of the members of
Page 8
1 the governing body shall be determined by the charter.
2 h. Provide for a representation plan for the
3 governing body which representation plan may differ
4 from the representation plans provided in section
5 331.206 and in chapter 372. If the plan calls for
6 representation by districts, the plan shall be drawn
7 pursuant to section 331.210A, subsection 2, paragraph
8 "f". The initial representation plan shall be drawn
9 as provided in section 331.210A, subsection 2,
10 paragraph "f", within ninety days after the election
11 at which the charter is approved. For the initial
12 representation plan, the charter commission shall
13 assume the role of the governing body for purposes of
14 this paragraph and section 331.210A, subsection 2,
15 paragraphs "d" through "f".
16 i. Provide for the initial compensation for
17 members of the governing body and for a method of
18 changing the compensation.
19 j. Provide for the partisan election of its
20 officers.
21 Sec. 13. Section 331.248, Code 2003, is amended by
22 adding the following new subsection:
23 NEW SUBSECTION. 4. The consolidation charter may
24 include other provisions which the commission elects
25 to include and which are not irreconcilable with state
26 law. These provisions may include but are not limited
27 to the following:
28 a. Provide for a method of selecting officers of
29 the governing body and fixing their terms of office
30 which may differ from the requirements of sections
31 331.208 through 331.211 and the provisions of chapter
32 372.
33 b. Provide for meetings of the governing body and
34 rules of procedure which may differ from the
35 requirements of section 331.213, except that the
36 meetings shall be scheduled and conducted in
37 compliance with chapter 21.
38 c. Provide for combining the duties of elected
39 officials of the county, for eliminating elected
40 offices and the assumption of the duties of those
41 offices by appointed officials, and for adding to,
42 deleting, or otherwise changing the duties of
43 officials, elected or otherwise, of the county and
44 each consolidated city.
45 d. Provide for the organization of city and county
46 departments, agencies, or boards. The organization
47 plan may provide for the abolition or consolidation of
48 a department, agency, board, or commission and the
49 assumption of its powers and duties by the governing
50 body or by another department, agency, board, or
Page 9
1 commission. This paragraph does not apply to the
2 board of trustees of a county hospital.
3 e. Provide for a method for the governing body or
4 another office to exercise the powers and duties of
5 the township trustees, in lieu of their election or
6 appointment.
7 Sec. 14. Section 331.249, Code 2003, is amended to
8 read as follows:
9 331.249 EFFECT OF CONSOLIDATION.
10 1. a.
11
12
13 A city-county consolidated form of government under
14 which a county and one or more cities within the
15 county unite to form a single unit of local government
16 shall create a unified government which includes a
17 municipal corporation and a county. The consolidated
18 unit shall have the separate status of a county and a
19 city for all purposes and shall constitute two
20 political subdivisions, a consolidated city and a
21 county, under combined governance. The consolidated
22 unit shall retain one separate constitutional debt
23 limitation with respect to its status as a city and a
24 separate constitutional debt limitation with respect
25 to its status as a county.
26 b. The governing body of a city-county
27 consolidated form of government under which a county
28 and one or more cities within the county form a
29 combined governance structure shall have, with respect
30 to the county, the power and authority of the board of
31 supervisors of a county, and, with respect to each
32 city, the power and authority of the city council of a
33 city. Each consolidated city and the county
34 constitute separate political subdivisions. Each
35 consolidated city and the county shall retain a
36 separate constitutional debt limitation and shall each
37 have the authority to issue bonds and incur financial
38 obligations in accordance with the provisions of state
39 law applicable to a city or a county, respectively.
40 2.
41
42 which is located in another county, but which is
43 within the corporate boundaries of one of the
44 consolidated cities. County services
45 provided in the extra-county area and taxes to fund
46 those services
47 county area by the consolidated government, to the
48 extent permitted by the Constitution of the State of
49 Iowa. In addition to the right to vote in the county
50 of residence, electors residing in the extra-county
Page 10
1 area shall have the right to vote on any matter
2 related to the city-county consolidated
3 form of government, including election of its
4
5 If a city-county consolidation charter is proposed,
6 within ninety days following the final report of the
7 commission, a resident or property owner of the
8 commission area proposed to be consolidated may bring
9 an action in district court for declaratory judgment
10 to determine the legality of the proposed charter and
11 to otherwise declare the effect of the charter. The
12 court shall expedite its review and determination in
13 this matter. The referendum on the proposed charter
14 shall be stayed during pendency of the action and for
15 such additional time during which the proposed charter
16 or its enabling legislation does not conform to the
17 Constitution or laws of the State of Iowa. If in its
18 final judgment the court determines that the proposed
19 charter fails to conform to the Constitution or laws
20 of this state, the commission shall have a period of
21 six months in which to revise and resubmit the
22 proposed charter.
23 3. All provisions of law authorizing contributions
24 of any kind, in money or otherwise, from the state or
25 federal government to counties and cities shall remain
26 in full force with respect to each city and the county
27 comprising a city-county consolidated
28 government.
29 4. The adoption of the city-county consolidated
30 form of government does not alter any right or
31 liability of the county or consolidated city in effect
32 at the time of the election at which the charter was
33 adopted.
34 5. All departments and agencies of the county and
35 of each consolidated city shall continue to operate
36 until their authority to operate is superseded by
37 action of the governing body.
38 6. Upon the effective date of the adopted charter,
39 the county shall adopt the city-county consolidated
40 form of government by ordinance, and shall file a copy
41 with the secretary of state and maintain available
42 copies for public inspection.
43 7. Members of the governing body of the county and
44 of each consolidated city shall continue in office
45 until the members of the governing body of the city-
46 county consolidated form of government have been
47 elected and sworn into office, at which time the
48 offices of the former governing bodies shall be
49 abolished, and the terms of the members of the former
50 governing bodies shall be terminated. During the
Page 11
1 period between the effective date of the charter and
2 the election and qualification of the elected members
3 of the new governing body, the former governing bodies
4 of each consolidated city and of the county shall
5 continue to perform their duties and shall assist in
6 planning the transition to the city-county
7 consolidated form of government.
8 8. If a city-county consolidation charter is
9 submitted to the electorate but is not adopted,
10 another charter shall not be submitted to the
11 electorate for at least six years from the date of the
12 election at which the charter was rejected. If a
13 city-county consolidation charter is adopted, a
14 proposed charter for another alternative form of
15 county government shall not be submitted to the
16 electorate for at least six years from the date of the
17 election at which the charter was adopted.
18 Sec. 15. Section 331.250, Code 2003, is amended to
19 read as follows:
20 331.250 GENERAL POWERS OF CONSOLIDATED LOCAL
21 GOVERNMENTS.
22 The consolidation charter shall provide for the
23 delivery of services to specified areas of the
24
25 consolidated city. The governing body of the
26 consolidated government shall
27 administration of the provision of services in each of
28 the designated service areas and shall have the
29 authority to determine the boundaries of the service
30 areas. For each service provided by the consolidated
31 government, the consolidated government shall assume
32 the same statutory rights, powers, and duties relating
33 to the provision of the service as if the county or
34 the member city were itself providing the service to
35 its citizens.
36 Sec. 16. Section 331.251, Code 2003, is amended to
37 read as follows:
38 331.251 RULES, ORDINANCES, AND RESOLUTIONS OF
39 CONSOLIDATED
40
41
42
43
44
45
46 resolution in force within a county or within a city
47 at the time of consolidation shall remain in force
48 within
49 or within that city until superseded by action of the
50 new governing body, unless the rule, ordinance, or
Page 12
1 resolution is in conflict with a provision of the
2 charter, in which case, the charter provision shall
3 supersede the conflicting rule, ordinance, or
4 resolution. Ordinances and resolutions relating to
5 public improvements to be paid for in whole or in part
6 by special assessments shall remain in effect until
7 paid in full.
8 Sec. 17. Section 331.252, Code 2003, is amended to
9 read as follows:
10 331.252 FORM OF BALLOT - CITY-COUNTY
11 CONSOLIDATION.
12 The question of city-county consolidation shall be
13 submitted to the electors in substantially the
14 following form:
15 Should the
16
17
18
19 adopted for (insert name of county and each city
20 proposing to consolidate)?
21
22
23
24
25
26 The ballot must contain a brief description and
27 summary of the proposed charter
28 Sec. 18. Section 331.254, subsection 7, Code 2003,
29 is amended to read as follows:
30 7. The merger of the elective offices of each
31 consolidating county with the election of new officers
32 within sixty days after the effective date of the
33 charter which shall specifically provide that the
34 election of new officers shall be on a partisan basis.
35 The elections shall be conducted by the county
36 commissioner of elections of each county. No primary
37 election shall be held. Nominations shall be made
38 pursuant to section 43.78 and chapters 44 and 45, as
39 applicable, except that the filing deadline shall be
40 forty days before the election.
41 Sec. 19. Section 331.260, subsection 2, Code 2003,
42 is amended to read as follows:
43 2. A charter proposing a community commonwealth as
44 an alternative form of government may be submitted to
45 the voters only by a commission established under
46 section 331.232. A majority vote by the commission is
47 required for the submission of a charter proposing a
48 community commonwealth as an alternative form of local
49 government. The commission submitting a community
50 commonwealth form of government shall issue a final
Page 13
1 report and proposal.
2
3
4
5
6
7
8
9
10
11 named on the ballot shall be united with the county in
12 a community commonwealth if a majority of the votes
13 cast in the city on the proposal approves the
14 proposal. If one or more cities named on the ballot
15 approves the proposal, the charter is adopted if both
16 a majority of the votes cast in the unincorporated
17 area of the county approves the proposal and a
18 majority of the votes cast in the entire county
19 approves the proposal.
20 The question of forming a community commonwealth
21 shall be submitted to the electorate in substantially
22 the same
23 subsection 4, and section 331.252.
24 Sec. 20. Section 331.261, subsection 2, Code 2003,
25 is amended to read as follows:
26 2. An elective legislative body established in the
27 manner provided for county boards of supervisors under
28 sections 331.201 through 331.216 and section
29 331.248, subsection 2.
30 Sec. 21. Section 331.261, unnumbered paragraph 2,
31 Code 2003, is amended to read as follows:
32 The community commonwealth charter may include
33 other provisions which the commission elects to
34 include and which are not
35 with state law, including, but not limited to, those
36 provisions in section 331.248, subsection 4.
37 Sec. 22. Section 331.262, Code 2003, is amended by
38 adding the following new subsections:
39 NEW SUBSECTION. 1A. The adoption of the community
40 commonwealth form of government does not alter any
41 right or liability of the county or member city in
42 effect at the time of the election at which the
43 charter was adopted.
44 NEW SUBSECTION. 1B. All departments and agencies
45 of the county and of each member city shall continue
46 to operate until their authority to operate is
47 superseded by action of the governing body.
48 NEW SUBSECTION. 1C. All ordinances or resolutions
49 in effect remain effective until amended or repealed,
50 unless they are irreconcilable with the adopted
Page 14
1 charter.
2 NEW SUBSECTION. 1D. Upon the effective date of
3 the adopted charter, the county shall adopt the
4 community commonwealth form of government by
5 ordinance, and shall file a copy with the secretary of
6 state and maintain available copies for public
7 inspection.
8 NEW SUBSECTION. 1E. Members of the governing body
9 of the county and of each member city shall continue
10 in office until the members of the governing body of
11 the community commonwealth form of government have
12 been elected and sworn into office, at which time the
13 offices of the former governing bodies shall be
14 abolished, and the terms of the members of the former
15 governing bodies shall be terminated. During the
16 period between the effective date of the charter and
17 the election and qualification of the elected members
18 of the new governing body, the former governing bodies
19 of each member city and of the county shall continue
20 to perform their duties and shall assist in planning
21 the transition to the community commonwealth form of
22 government.
23 NEW SUBSECTION. 1F. If a community commonwealth
24 charter is submitted to the electorate but is not
25 adopted, another charter shall not be submitted to the
26 electorate for at least six years from the date of the
27 election at which the charter was rejected. If a
28 community commonwealth charter is adopted, a proposed
29 charter for another alternative form of county
30 government shall not be submitted to the electorate
31 for at least six years from the date of the election
32 at which the charter was adopted.
33 Sec. 23. NEW SECTION. 331.264 LOCAL GOVERNMENT
34 ORGANIZATION REVIEW COMMITTEE.
35 1. A local government organization review
36 committee may be created in a county. The committee
37 shall be composed of the following members:
38 a. Three city council members appointed by the
39 city council of each participating city with a
40 population of twenty-five thousand or more.
41 b. Three county supervisors appointed by the
42 county board of supervisors.
43 c. One city council member appointed by each
44 participating city with a population of less than
45 twenty-five thousand.
46 d. One member shall be appointed by each state
47 legislator whose legislative district is located in
48 the county if a majority of the constituents of that
49 legislative district reside in the county. However,
50 if a county does not have a state representative's
Page 15
1 legislative district which has a majority of a state
2 representative's constituency residing in the county,
3 the state representative having the largest plurality
4 of constituents residing in the county shall appoint a
5 member. The member appointed by each state legislator
6 shall be a person who is not holding elected office
7 and who is a resident of the legislative district of
8 the state legislator.
9 e. Three members appointed by the township
10 trustees of all the townships in the county and an
11 additional member appointed by the township trustees
12 for each five percent of the total population of the
13 county residing in the unincorporated area of the
14 county. The members shall be residents of the
15 unincorporated area of the county and shall be persons
16 who are not holding elected office other than that of
17 township trustee. The county auditor shall determine
18 the date and location for a meeting of the township
19 trustees of all the townships in the county at which
20 meeting the appointments shall be made and shall
21 provide written notice of the meeting to the trustees.
22 The meeting shall be held in accordance with chapter
23 21.
24 Organization and expenses of the committee are
25 subject to section 331.234 as if the committee were a
26 city-county consolidation or community commonwealth
27 commission. Sections 69.16 and 69.16A shall not apply
28 to the committee. However, a city allowed more than
29 one appointment shall balance its appointments in
30 accordance with sections 69.16 and 69.16A, when
31 possible.
32 2. Members shall be appointed to the organization
33 review committee within thirty days after any of the
34 following occurs:
35 a. The county board of supervisors and each city
36 council in the county adopt a joint resolution calling
37 for appointment of members to the committee and files
38 the resolution with the county board of supervisors.
39 b. The county board of supervisors in a county
40 adopts a resolution calling for appointment of members
41 to the committee.
42 c. A petition signed by eligible electors of the
43 county equal in number to at least twenty-five percent
44 of the votes cast in the county for the office of
45 president of the United States or governor at the
46 preceding general election or the signatures of at
47 least ten thousand eligible electors of the county,
48 whichever number is fewer, is filed with the county
49 board of supervisors.
50 3. Within seven months after the organization of
Page 16
1 the organization review committee, the committee shall
2 submit a preliminary report to the county board of
3 supervisors with a recommendation as to what the
4 committee believes to be the best proposal for an
5 alternative form of government for the county. The
6 auditor's office shall make the report available to
7 the public upon request. A summary of the report
8 shall be published in the official newspapers of the
9 county and in a newspaper of general circulation in
10 each participating city.
11 4. If the committee report recommends a city-
12 county consolidation or community commonwealth, the
13 committee shall continue its existence and be
14 designated, and operate with the powers and duties of,
15 a commission created pursuant to section 331.233A. If
16 the committee report recommends a multicounty
17 consolidation, the committee shall continue its
18 existence and be designated, and operate with the
19 powers and duties of, a commission created pursuant to
20 section 331.233.
21 5. This section does not apply to a county in
22 which a charter commission has been established and is
23 operating as of July 1, 2003.
24 Sec. 24. Section 372.1, Code 2003, is amended by
25 adding the following new subsections:
26 NEW SUBSECTION. 7. City-county consolidated form
27 as provided in sections 331.247 through 331.252.
28 NEW SUBSECTION. 8. Community commonwealth as
29 provided in sections 331.260 through 331.263.
30 Sec. 25. Section 372.2, unnumbered paragraph 1,
31 Code 2003, is amended to read as follows:
32
33 adopt a different form of government not more often
34 than once in a six-year period. A different form,
35 other than a home rule charter,
36 city-county consolidated form of government, or
37 community commonwealth must be adopted as follows:
38 Sec. 26. IMPLEMENTATION OF ACT. Section 25B.2,
39 subsection 3, shall not apply to this Act.
40 Sec. 27. EFFECTIVE AND APPLICABILITY DATES. This
41 Act, being deemed of immediate importance, takes
42 effect upon enactment and applies to charter
43 commissions in existence on the effective date of this
44 Act."
Roll call was requested by Mascher of Johnson and Raecker of
Polk.
On the question "Shall amendment H-1193 be adopted?" (S.F. 390)
The ayes were, 45:
| Bell | Berry | 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 | Struyk |
| Swaim | Taylor, D. | Taylor, T. | Thomas |
| Wendt | Whitaker | Whitead | Winckler |
| Wise | |||
The nays were, 54:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Carroll | 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 | Rayhons | Sands |
| Schickel | Tjepkes | Tymeson | Upmeyer |
| Van Engelenhoven | Van Fossen, J.K. | Van Fossen, J.R. | Watts |
| Wilderdyke | Roberts, | ||
| Presiding | |||
Absent or not voting, 1:
| Bukta | |
Amendment H-1193 lost.
Hogg of Linn offered the following amendment H-1165, previously
deferred, filed by him and moved its adoption:
H-1165
1 Amend Senate File 390, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, line 8, by inserting after the word
4 "charter," the following: "a statement of
5 alternatives considered including but not limited to
6 the potential for agreements under chapter 28E,".
Amendment H-1165 lost.
Hogg of Linn asked and received unanimous consent to withdraw
amendment H-1169, previously deferred, filed by him on March 26,
2003.
Hogg of Linn asked and received unanimous consent to withdraw
amendments H-1166 and H-1167, previously deferred, filed by him on
March 25, 2003.
Hogg of Linn asked and received unanimous consent to withdraw
amendment H-1168, previously deferred and filed by him on March
26, 2003.
Speaker Rants in the chair at 9:11 p.m.
Elgin 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. 390)
The ayes were, 52:
| Alons | Baudler | Boal | Boddicker |
| Boggess | Carroll | Chambers | De Boef |
| Dennis | Dix | Dolecheck | Drake |
| Eichhorn | Elgin | Foege | Freeman |
| Gipp | Greiner | Hahn | Hansen |
| Hanson | Heaton | Hoffman | Horbach |
| Huseman | Hutter | Jacobs | Jenkins |
| Jones | Klemme | Kramer | Kurtenbach |
| Lalk | Lukan | Maddox | Manternach |
| Olson, S. | Raecker | Rasmussen | Rayhons |
| Roberts | Sands | Schickel | Tjepkes |
| Tymeson | Upmeyer | Van Engelenhoven | Van Fossen, J.K. |
| Van Fossen, J.R. | Watts | Wilderdyke | Mr. Speaker |
| Rants | |||
The nays were, 47:
| Arnold | Bell | Berry | Cohoon |
| Connors | Dandekar | Davitt | Fallon |
| Ford | Frevert | Gaskill | Granzow |
| Greimann | Heddens | Hogg | Hunter |
| Huser | Jochum | Kuhn | Lensing |
| Lykam | Mascher | McCarthy | Mertz |
| Miller | Murphy | Myers | Oldson |
| Olson, D. | Osterhaus | Paulsen | Petersen |
| Quirk | Reasoner | Shoultz | Smith |
| Stevens | Struyk | Swaim | Taylor, D. |
| Taylor, T. | Thomas | Wendt | Whitaker |
| Whitead | Winckler | Wise | |
Absent or not voting, 1:
| Bukta |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 646 WITHDRAWN
Elgin of Linn asked and received unanimous consent to withdraw
House File 646 from further consideration by the House.
HOUSE FILE 700 WITHDRAWN
Dix of Butler asked and received unanimous consent to withdraw
House File 700 from further consideration by the House.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 390 be immediately messaged to the Senate.
House File 517, a bill for an act relating to fishing by establishing
fees, allocating fishing license revenue to fish habitat development,
modifying trout fishing requirements, and providing effective and
applicability dates, was taken up for consideration.
Freeman of Buena Vista offered the following amendment H-1350
filed by her and moved its adoption:
H-1350
1 Amend House File 517 as follows:
2 1. Page 1, line 4, by striking the figure "15.50"
3 and inserting the following: "17.00".
4 2. Page 1, line 8, by striking the figure "5.00"
5 and inserting the following: "7.50".
6 3. Page 1, line 16, by striking the figure
7 "14.00" and inserting the following: "15.50".
8 4. Page 2, by striking lines 2 through 6, and
9 inserting the following: "commission. The commission
10 may grant a permit to a community event in which trout
11 will be stocked in water which is not designated trout
12 water and a person may catch and possess trout during
13 the period and from the water covered by the permit
14 without having paid the trout fishing fee."
Amendment H-1350 was adopted.
SENATE FILE 348 SUBSTITUTED FOR HOUSE FILE 517
Freeman of Buena Vista asked and received unanimous consent to
substitute Senate File 348 for House File 517.
Senate File 348, a bill for an act relating to fishing by
establishing fees, allocating fishing license revenue to fish habitat
development, modifying trout fishing fee requirements, and providing
effective and applicability dates, was taken up for consideration.
Freeman of Buena Vista 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. 348)
The ayes were, 62:
| Alons | Baudler | Bell | Berry |
| Boal | Boggess | Chambers | Connors |
| Davitt | De Boef | Dennis | Dolecheck |
| Drake | Elgin | Fallon | Foege |
| Freeman | Frevert | Gaskill | Gipp |
| Granzow | Greimann | Hansen | Hanson |
| Heddens | Hoffman | Hogg | Horbach |
| Hunter | Huseman | Jacobs | Jenkins |
| Jochum | Jones | Kuhn | Lensing |
| Lykam | Maddox | Mascher | Mertz |
| Miller | Myers | Olson, D. | Olson, S. |
| Osterhaus | Roberts | Shoultz | Smith |
| Stevens | Taylor, D. | Taylor, T. | Tjepkes |
| Tymeson | Upmeyer | Van Fossen, J.R. | Watts |
| Wendt | Whitaker | Whitead | Wilderdyke |
| Winckler | Mr. Speaker | ||
| Rants | |||
The nays were, 37:
| Arnold | Boddicker | Carroll | Cohoon |
| Dandekar | Dix | Eichhorn | Ford |
| Greiner | Hahn | Heaton | Huser |
| Hutter | Klemme | Kramer | Kurtenbach |
| Lalk | Lukan | Manternach | McCarthy |
| Murphy | Oldson | Paulsen | Petersen |
| Quirk | Raecker | Rasmussen | Rayhons |
| Reasoner | Sands | Schickel | Struyk |
| Swaim | Thomas | Van Engelenhoven | Van Fossen, J.K. |
| Wise | |||
Absent or not voting, 1:
| Bukta |
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 348 be immediately messaged to the Senate.
ADOPTION OF SENATE CONCURRENT RESOLUTION 20
Manternach of Jones asked and received unanimous consent for
the immediate consideration of Senate Concurrent Resolution 20,
a concurrent resolution recognizing Richard and Joyce Lynch, the
first recipients of the Good Neighbor Award presented by the
Department of Agriculture and Land Stewardship, and moved its
adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate Concurrent Resolution 20 be immediately messaged to the
Senate.
REMARKS BY THE MAJORITY LEADER
Majority Leader Chuck Gipp offered the following remarks:
Gayle Goble came to me this week asking if I had my speech written. Normally this
is written and inserted by the people in the journal room who record this and it is
published in the House Journal. My promise to Gayle at that time was simply this,
"Gayle I haven't written a speech yet because I don't know how this session is going to
end." How can I write speech on Monday when we have four major issues still hanging
out there for the House to accomplish? The four major issues that we started with in
this session.
I have talked to a number of people outside this lobby, former majority leaders and
speakers and people that have been here in the past. And all of them said, "I've never
been associated or seen a legislative session that was so difficult, with so many big
issues to accomplish, and with all the right people here to do them." It is an amazing
thing that we see in this House chamber year after year and this is my thirteenth year
here. But you know what was unique about this session? The people of Iowa elected a
governor, they elected a Democrat. The same people in Iowa elected the Republicans to
control both the House and the Senate. But the common denominator about that
election is the people that were elected were determined that what we needed to do was
to work together to get something done, and something different done because Iowa is
stagnant and Iowa wasn't growing. With a slow growth state we needed to do
something different. So it was called bold or it was called good a few times this session
and even last night, bold, good. We needed to do something different. We needed
something different so that Iowa wouldn't continue to be an older and older state with
kids like Allison and Barret Gipp, now living in Minnesota, continuing to leave this
state, leaving Iowa with an older and older population. With a population base that
was going to have to be asked to pay more taxes rather than increasing the tax base
that just pays taxes to provide for the services.
This legislative session we addressed those issues which we hope, and I know, if
adopted later on, will help turn this state around. There is a lot of people to thank
about the accomplishments this session. About the property tax, about the income tax,
about the values fund and about regulatory reform, which I know, and many of you do
as well, is going to be the difference in changing this state to make sure that we are a
growth friendly state so our young people can be citizens of Iowa the remainder of their
lives. I think we have accomplished that. Unfortunately, tonight's sine die, tonight's
going away isn't going to be that long, and we don't know how the rest of this story is
going to end. But what I do know, is that I have a deep appreciation for everybody here
and the part that you played in doing what I know needed to be done. The House did
its work. At 109 days, we didn't leave early, we finished our work and I am proud of
everybody here for that.
There are a number of people to thank, and it is everybody in this room, from the
Pages to the staff, to the people in the well. Especially to my caucus staff, who does an
excellent job and to the Democratic caucus staff who do such a great job serving your
staff and your members of the House. I truly appreciate the cooperation that you give
us and that our staff gives you. Jeff does a great job of selecting our caucus staff
members and having them work in a coordinated effort to help make us look good. In
my own office, I'm the luckiest guy that there is, because I had the wisdom to keep
somebody in my office that has been in this place for a long, long time and that is
Susan Severino. If I was able to accomplish anything this year it was because of the
cordiality of my secretary, Sarah and the knowledge and the know-all of Susan
Severino, who really runs this place. This is the last time that we are going to see the
name of Susan Severino mentioned in the House Journal because Susan Severino is
going to be back, but it won't be Susan Severino, because later on she is going to get
married, and she is going to be Susan Fenton. I am looking forward to that day and I
know Susan is as well. Susan I wish you and Scott well on your new marriage.
Minority Leader Myers, you do a great job. You do a great, great job and I think
that my job was made so much easier by how you made it easier. You could have been
tough on me. I have been here thirteen years, but at the same time, I didn't know all
the rules and the ropes. It's one thing being a legislator, it's quite another being the
majority leader, but you have made my job a lot easier and I thank you for that, I
appreciate it and I wish you well.
To my leadership team, Libby, Danny, Gene, Rod, Carmen and Ralph, it's the best
group that I have ever been associated with in my thirteen years here and I have
served in leadership for eleven of those years. Your a great group and your a great
part of the success of our caucus, the direction that we took and the accomplishments
we have made. Our caucus has been great. And all the new members, all you guys….
(Libby, you've got to do a better job of keeping these guys in line), they bring energy to
this place. And the House Democrat and Republican new members, you are great
people. You are great people and you do a great job and I appreciate all of your efforts.
And the veteran members, I look over there at Jim Hahn. Jim Hahn and I came to this
place together in 1990 in a group of eighteen, and we are the last one's remaining. I
appreciate Jim Hahn for sticking with me all these years in this place.
Now, I'm not leaving, I'm coming back, and a number of you probably wish I
wouldn't, but I'm coming back. I appreciate the help from my leadership team. That
leaves one other person left to thank. That is the Speaker of the House, Speaker
Christopher Rants. Mr. Speaker, you've grown comfortable with your position. You
and I have roomed together for ten years and we have commiserated over bowls of chili
and all the other things that nobody needs to know about, but Mr. Speaker, you truly
deserve the honor of being Mr. Speaker. There are a lot of famous guys in that back
hallway there with their pictures up on the wall and it is a privilege to know that you
will someday join that group back there as well. You do an excellent job. We all should
be grateful for your participation. Thank you Mr. Speaker.
And now it is time to go home and unfortunately, we are going to be back in a short
time, but the House is going to complete its work. We've done a great job, I appreciate
the efforts of all of you. Go back and meet your families and get reacquainted with
your kids and your wives and your husbands and your friends and enjoy yourself for a
few days knowing full well that there is a lot more work to be done. We have a good
start with the things that we have done this year, but there is more work to be done. I
will be glad to be here to help you do that. Thank you Mr. Speaker.
REMARKS BY THE MINORITY LEADER
Minority Leader Dick Myers offered the following remarks:
Mr. Speaker, ladies and gentlemen of the House. You know the end of these
sessions are always remarkable, regardless of how you fight and sometimes don't get
along as best you should, but we really feel good about coming to the end of it. Not
because it is just the end, but because we really think we have a sense of
accomplishment about things. I think this session is remarkable because of the degree
of that accomplishment. We came in here after a pretty tough campaign and maybe
even some tough sessions before that, with a lot of new folks. My good friend
Representative Gipp said it is time to govern the campaign is over. Boy, I like that.
That set the tone for me. And I think the tone that was set by the leadership on the
Republican side coming into this place, helped me as the Minority Leader to work with
them to try to find some solutions for our state. I can sometimes hardly believe that I
am here and I am not quite sure what I'm going to say tonight, but I am going to try to
get through this.
First of all I want start out by thanking the people who allowed me to be their
leader, the members of the Democratic caucus. It truly was humbling for me to be the
leader of this caucus for this last session. As you know, I am going to be leaving and
the irony is that I have spent two years learning the job and now I am going to leave. I
kind of wondered about that. I used to get teased a lot when I first came in here. Some
of you new members don't know, but the first day that I was in the legislature the
Minority Leader at that time, Robert Arnold, handed me a piece of paper, told me that
my reputation had preceded me. On that piece of paper was a list of seven words that I
couldn't say. And I will tell you that the majority leader and the Speaker of the House
have spent the last ten sessions trying to get me to say one of those words. They aren't
going to make it. They also gave me a list of words I could say, like golly, and gee whiz
and shucks. I learned a lot up here. I really want to thank my Democratic caucus. I
want to, also, make special remarks about the newer people that came in here on my
side of the aisle and the Republican side of the aisle. I have never seen such a talented
group of people that came in here willing to work together and didn't have any of the
old, you know, sort of crosses to bear. They came in here, they wanted to listen to one
another. They didn't care who was a Republican or a Democrat necessarily, they cared
about representing their communities.
When the freshmen came in here I told them they had two things to do. One, you
had to represent your district and the second is that you had to think. Boy we need
people to think in this place and not just act like a bunch of robots. That is really
important.
I also want to thank my staff; Mark Bransgaard and Carolyn. I can't tell you how
much they helped me by trying to get me through the day and believe me, if I sound
like I know what I am talking about once in a while, it is because they wrote the stuff.
And I appreciate the work of the Republican staff. You have always been very kind
and courteous to me and the members of my caucus. I can't say enough about that, but
I have to say folks, I believe I have the best Democratic caucus staff in the building and
I am biased about that. I really appreciated working with Polly Lipsman and Tom and
Ed and Joe, Mary and Jennifer and Anna, Dean and Dave and my Page, Claire, who
was a great help to us. They helped all the members. And I think that they also
helped a lot of the people on the other side of the aisle too. I hope they were always
receptive to helping folks in the republican caucus, because I know that the Republican
staff members helped us.
There is a new intelligence here now. There is a new life and a new energy here in
the House of Representatives. We came in here with huge tasks. And you know what?
It's easy to take on some of these subjects when times are kind of easy, you know, we
got a lot of money. It is easy to be in politics when you got a lot of money. Especially if
your a Democrat, I can tell you that. Of course I have seen the Republicans spend
money lately in ways I can't believe, but nevertheless, I've always wondered about that
a little bit, but, regardless.
The other thing that I talked about on opening day was I asked the new people to
get to know their neighbors not just as people, not just as legislators. To get to know
them and their needs and their districts and what they came down here to serve. And
I think that has happened. I see Republicans and Democrats talking together time and
time again on all kinds of things here and I think, well, you know, we had some fights.
There will always be differences. I hope there are always differences. There should be
differences. We should be proud of those differences. But, we have accomplished some
good sized things. I kind of wish the folks across the ropes would have worked a little
better with us. Maybe when you go to the Senate, and I don't want to be nasty here,
about the Senate because when I was over there, my goodness, they gave me a
standing ovation and I've made more fun of those guys than anybody else since I've
been here. But I did appreciate it. It was an honor. I think that maybe the Senate
will work with us here on some of the things that we have done. But when the
governor announced that there should be an Iowa values fund in this state, that we
had to change, that we had to risks, I know what that is about. As a person who has
operated his own business and started a couple of others over the last forty years, I
know what risks are all about. And I know they are important. But to really do this
right for the people of the state of Iowa, there could not be just a House Republican
plan, or a House Democratic plan. There had to be a House plan and then we could
turn that into a General Assembly plan, a Iowa plan for the people of the state. And I
think we have accomplished that in the House. I don't think it would have been done
without the help of the people in the majority party to work with us in the minority
party. The two of us getting together, those eight people, by the way, and I want to pay
a special tribute to the eight people, I don't care whether you voted for that thing or
not. There was a tremendous amount of hard work and I respect the people that voted
no as well as those that voted yes, because I know darn well you were thinking about
it. I do believe that was a very defining moment in this state. Is it risk? Oh, you bet.
In fact, I will tell you something, with that vote we cast the other night on the Iowa
Values, that was the easy part. The hard work is coming to make that thing work.
And it is not going to be easy. It will take an awful lot of work. It will take more than
just Iowa, but that was a very important thing to do. Frankly, even though I didn't
really care much for the bill I did respect the work that was done in rethinking the tax
structures and trying to move us down a road on doing something different.
We passed a bill that didn't get much notice. Frankly, it was introduced by a
Democrat and supported by Republicans on character education. We talked about it a
lot over the years. I am a person that's always believed very strongly that kids ought
to have a connection to their community. They ought to understand what their town is
all about. They ought to understand what their country is about. They ought to
understand what our economic system and our political system is about, and they need
to start that early. Our education system should support that, encourage that, make it
grow so that our children grow up really understanding just what a great place they
live in here in the great state of Iowa.
I regret that we didn't do a couple of things that I really wish you would think
about in the next term. We need to do a better job with prescription drugs. We need to
pass a mental health parody bill. We need to do something about people who are
mentally ill. We have the capacity to do that. We have the greatest expertise for
solving problems like this of any state in the country. Folks, the people at the bottom
of the wage scale need a raise. Those people take care of our children and they take
care of older people. And yes, the government can be a force to raise their economic
strata and it should be. It's time people at the bottom of the ladder got a raise. We
didn't get that done this time, but I think there is the heart in this place, the wish in
this place, the soul in this place to say that people at the bottom of the ladder need a
raise. I hope we get that done. Those are things that I wish we could have had a
chance to, but maybe next year.
You know the funny thing, I announced this morning that I, as you know, that I
wasn't going to run again. I noticed a couple things right off the bat. When you
announce that your going to retire from politics people start talking about you like your
dead. They talk about you in the past tense, he was, he left, he's gone. Well, I'm not
gone. I haven't died. Also, I noticed that the lobby treats you differently. They no
longer say 'sir' when they talk to you. I don't know for sure what the future brings for
me. I don't want to get any Republicans nervous here, I always like to look at
Representative Carroll when I say something like this, but maybe one of these days I'll
be riding around Poweshiek County with a real estate agent…. No, I doubt if I will do
that again.
I think most of you know that I've spent, spread over five decades, about thirty-four
years in public office since 1969. I have been very lucky, very fortunate. I seemed to
do that for a number of reasons, not the least of which is an awful lot of luck, but I can't
say enough about the people who sent me here. It is indeed humbling to think that
someone trusts you enough to do the things that we do here on their behalf. Even
when I was in county government or city government, you know that has always
amazed me. And, there was a time in my life when I didn't think that generated much
respect and yet that has happened to me. For that, I am enormously grateful.
And finally, one of the reason why I am leaving is I want to spend more time with
my family, with my wife. The first day that I was here, my wife has always given me
very sound instructions, I didn't always pay attention to them but, she said, "Richard",
I was sitting right over there where Representative Reasoner sits, "Richard, now your
starting here today and I know you, keep your mouth shut for five days." I'm sorry, I
didn't last five minutes. And some of you remember that. It's very difficult to talk
about the things that you really thought were important. People always ask me what
is the most important thing you have done in politics? I never can answer that.
Because I didn't do it, we did it. It takes 51 people to adjourn this place, no one does it
by themselves. And I hope they will always remember that. That is the real key to
working together. But I am a very humbled, grateful person. I can't think of how
lucky I am. I served in the military for eight years of active duty and I was always
grateful to come back to Iowa. What a great place to be from. Proud to say that I am
from Iowa. From Iowa City, Iowa, great place, a place to raise our kids. And we have
the capacity here to make it better. I think we did it this time, but I think we have
work to do. Maybe I'll go home and write a book. I won't publish it for about twenty-
five years, but I might write a book.
Mr. Speaker, I really appreciate working with you. You know we didn't come in
here dancing goody two shoes around the floor. I think we came in here at swords
point on many things. You got here about a year ahead of me and I think that we work
together pretty well, I like that. Both as Majority Leader and when you assumed the
Speakers chair. I want you to know I appreciate your work. Mr. Gipp, we have been
friends for a long time and we will remain so. I have enjoyed coming to work every
morning to find out what we were going to do that day and how we were going to get it
done. I don't want to start mentioning a lot of names, but I want you to remember the
first day that I walked in this door, a man by the name of Hubert Houser was the
former county supervisor, a conservative cattle farmer from western Iowa, walked up
to me and he said I hear that your interested in working on mental health. He said I'm
going to have a little informal meeting, you want to work with it? So, we did. We
started working on that and out of that came something called Senate File 69 and a
way to fund mental health bill that maybe will be done yet, we need to finish that. But
the guy that took his place is Danny Carroll. I think that Mr. Carroll and I have some
opinions about things that are different from one another's once in a while. We got
some things done here, I think. You know why? I trust Mr. Carroll. That's important
in this place, we need to trust one another. We need to earn that trust, and we need to
continue it.
So, thanks a lot. I'm going to go, goodbye, thank you.
REMARKS BY SPEAKER RANTS
Speaker Rants offered the following remarks:
For the last three years, Representative Myers and I have had a lot of opportunities
to go to a lot of functions and speak together. I always hate going after Dick Myers.
No more true than tonight. You will be missed Dick, and missed a lot.
I want to start tonight by saying that I am working on three and a half hours of
sleep and we will see if I can make it through this.
I want to start tonight by saying how proud I am of this Iowa House. In my eleven
years, I've never seen a more congenial, bi-partisan or non-partisan, more orderly
session and all of us should be proud of the way we did our job this year.
When we started this session, many said that with forty new members, that was
going to be our greatest weakness. It was our greatest strength this year. You know,
the last four months we have focused on four items; property and income tax reform,
regulatory reform and an economic stimulus package. In any other year the
accomplishment of one of those items would have been heralded as the hallmark of a
legislative session. We did all four. This House had a monumental year.
We resolved a lot of old carry-over issues -.08 alcohol limit, gambling and taxes, (at
least we got the gambling taxes part done). When we started the session we, we
Republican's at least, held ourselves to three basic tests for the year. Does it create
wealth, remember that? Opening day? Well, we have focused on the big four here
recently. We shouldn't forget our efforts to become more energy independent as a
state. I think that's on creating wealth. We did wind energy and a co-generation bill.
We passed a broad band initiative to deliver high speed access to all of Iowa. I think
that's about helping to create a state that fosters the creation of wealth. We did an
NGIP junior program and we worked to focus on commercializing our research and
development efforts at our research universities. And I know that's about creating
wealth.
The second test we challenged ourselves with was, does it improve student
performance? The first thing we had to do was to make sure we did no harm. Coming
in with a tight budget year, I know this is certainly true in our area, the people were
concerned about was the kind of cuts that were going to befall education. We protected
our priorities. We protected allowable growth. We protected our teacher comp
program. We protected our K-3 reading program. We said those were priorities and
we took care of them. Perhaps more importantly we finally ended the dispute between
rural and urban school districts over school infrastructure. Dan Boddickers' worst vote
he ever cast was following me down that path once upon a time. You owe
Representative Tymeson a thank you Representative Boddicker, for getting you out of
that vote.
Our third test was to put Iowa on sound financial footing. We came in, we started
with a four hundred million dollar projected shortfall. This chamber made the tough
decisions on things like Medicaid reform. When we walk out of here tonight, we walk
out with a balanced budget and one that complies with our 99 per cent expenditure
limitation allowed. Our appropriations chair did it with a smile. Congratulations
Representative Dix.
But, none of us did it alone. We are blessed with great people who work with us.
The folks in the well, the folks in all of the back rooms, the Chief Clerks Office, the
people crunching numbers, the people drafting amendments, the people proofing the
journal. They all continue to work when we walk out of here. Whether it's at 5:00 in
the afternoon or 11:00 at night. And we owe all of them a debt of thanks.
I have to say a special thanks to the Republican Caucus staff. In eleven years, I've
never had a better group of people to work with. I want to thank all you guys. To Tim,
Becky, Cynthia and especially Allison, whose job it was to kick me in the shins this
week if I was scowling and not smiling, you are the best team I could ever ask for. Now
we will see if I can keep you here with me for another year. To my fellow Republican
leaders; Gene, Rod, Libby, Carmen, thank you for helping to carry the burden. Danny
and Ralph, thank you for being there when I needed you. To my former roommate of
nine years, and it was nine years Chuck, I know...I always knew it would be like this
by the way. You know, polka dot ties were never really my style, might be yours, got it
if you need it.
You know in every session, there is a turning point for each member. Something
that turns your session around. For all of you it's different. I can imagine what it was
for Representative Kurtenbach, probably when he came in and found Gipp and I and
we told him, he was crazy… to go away, and he didn't anyway. That might have been
his turning point. I want to tell you about mine. My turning point was relatively early
on, I am new in the job and I think I know what I'm doing, not really sure though, with
a lot at stake. Chuck and I are sitting around in my office one night, it was probably
about 7:00, still dark out and everybody is gone. In walks a guy by the name of Jan
Schuiteman. He wanted to talk to us about crazy ideas. Got these genetically altered
cows, growing something called human serum albumen in the cows milk that you can
use for medical purposes. Replacing the cows antibody system with human antibody
system... why is that important? Because you can create vaccines. They are doing that
with a cow. That was a turning point for me in this session. Because that opened my
eyes about the potential that we have in this state. I am not an Ag guy, I'm a city kid.
I actually got to go up and pet those cows. It's like a poem… "I petted a cow." But to
me, that crystallized the possibilities that we have in Iowa. You know we are a state
that's dependent upon low price commodities. We try to add value to them and we are
doing a good job. We are running them through livestock. But here is a whole new
kind of potential, real value added agriculture. Bio-technology, something I read
about. I figured bio-tech was something they could do at UC Berkley or MIT. We can
do that here in Iowa. That should be our future. And that became clear to me that
night in those discussions and in the weeks that followed. Iowa has hope. We have
reason to give our children in this state hope for their future. It is going to take some
risks, and we took some of that risk last night, but we don't have to be satisfied in this
state with having more deaths than births in some of our counties or continuing to
export our best product, which is our children. We can give our young people some
hope. We can change the future of this state. We can chart a better course. We can do
business differently. It's about taking risks and we haven't been afraid to do that. It
took a lot of work Representative Hoffman, thank you for sticking with me all session
long, keeping me from sliding off when I was getting a little concerned. But that was a
turning point for me this session. And I think, I hope, because of the actions we took
last night, and I got dedicated to those actions, because of what I saw occurring at a
place called Trans Ova, in place called Hull, Iowa. I think that can be a turning point
for this state because of the actions that we took, this chamber took. I hope you had an
equally good turning point this session.
You know my favorite Roosevelt once said, "It is through labor and painful effort by
grim energy and resolute courage that we move into better things." Ladies and
gentlemen of the House, with that as our standard we had a "bully" of a year. Thank
you for the opportunity to be your Speaker. God bless and have a good summer.
ADOPTION OF SENATE CONCURRENT RESOLUTION 21
Gipp of Winneshiek asked and received unanimous consent for
the immediate consideration of Senate Concurrent Resolution 21,
a senate concurrent resolution to provide for adjournment sine die,
and moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate Concurrent Resolution 21 be immediately messaged to the
Senate.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on May 1, 2003.
Had I been present, I would have voted "aye" on House File 543.
ALONS of Sioux
I was necessarily absent from the House chamber on May 1, 2003.
Had I been present, I would have voted "aye" on House Files 543, 549,
595, 685 and Senate File 459.
MANTERNACH of Jones
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 report 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 1st day of May, 2003: House Files 206, 225, 304, 329, 386, 391, 394, 455, 457,
492, 558, 560, 565, 576, 577, 583, 584, 594, 599, 624, 644, 681 and 682.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
BILL SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 30, 2003, he approved and transmitted to the Secretary of
State the following bill:
House File 628, an Act relating to physician assistant licensure, and providing an
effective date.
Also: the Governor announced that on May 1, 2003, he approved
and transmitted to the Secretary of State the following bills:
House File 319, 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.
House File 387, an Act relating to mental health and developmental disabilities by
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.
House File 454, an Act relating to mandatory universal newborn and infant hearing
screening.
House File 541, an Act relating to the fee and use of fee for a certificate of birth.
House File 600, an Act regulating organic agricultural products, providing for fees
and penalties, and providing an effective date.
House File 656, an Act relating to fees charged for special fire fighter motor vehicle
registration plates.
Senate File 102, an Act relating to the Chief Executive Officer of the Iowa Public
Employees' Retirement System and providing an effective and retroactive applicability
date.
Senate File 366, an Act relating to the Iowa Probate Code, including provisions
relating to state inheritance, gift taxes, and trusts and including an applicability date
provision.
Senate File 372, an Act relating to the licensing of persons providing money
transmission and currency exchange services, providing penalties, and providing an
effective date.
Senate File 375, an Act relating to enforcement enhancements relative to certain
tobacco product manufacturers, providing appropriations and penalties, and providing
effective dates.
Senate File 416, an Act relating to dependent adult abuse including elder abuse
emergency shelter and support services projects.
Senate File 438, 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.
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\1394 Dale Barber, Bettendorf - For her 25 years of dedicated service as
the Superintendent at Pleasant Valley Community Schools.
2003\1395 Winga's Restaurant, Riverdale - For serving the citizens for
Washington County for 75 years.
2003\1396 Don and Joyce Zubrod, Manning - For celebrating their 50th
wedding anniversary.
2003\1397 Mr. and Mrs. Stewart, Ottumwa - For celebrating their 56th
wedding anniversary.
2003\1398 Mac Thummel, Clarinda - For being selected as a Southwest
Regional Finalist for the Des Moines Register Academic All-State
Team.
2003\1399 Richard and Joyce Lynch, Cascade - For being the first recipients of
the Good Nighbor Award presented by the Department of
Agriculture and Land Stewardship.
2003\1400 Ryan Francis Forret, Calamus - For receiving his Iowa FFA degree.
2003\1401 Clare and Ruth Hodson, DeWitt - For celebrating their 50th wedding
anniversary.
2003\1402 Mauree Gibson, Central Lee High School - For being selected by the
Water Pollution Control Association as the senior division winner of
its Environment Excellence Award.
2003\1403 Ski Schroeder, Mt. Pleasant - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2003\1404 Christopher Mallams, Mt. Pleasant - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
2003\1405 Nick Creager, Mt. Pleasant - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2003\1406 Todd A. Cooney, Muscatine - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
RESOLUTIONS FILED
HCR 23, by Rants and Myers, a house concurrent resolution to
provide for adjournment sine die.
Laid over under Rule 25.
HR 62, by Alons, De Boef, Boddicker, Roberts, Chambers, Lalk, Boal,
Lukan, Kramer, Kurtenbach and Mertz, a resolution to recognize that
human life exists at the point of conception.
Laid over under Rule 25.
HR 63, by Gipp, Myers, Hoffman, Alons and Thomas, a resolution
requesting the Department of Economic Development and the
department's director to continue efforts to foster and grow the
animal life science product industry in Iowa.
Laid over under Rule 25.
SCR 17, by Sievers, Behn, Kettering, Putney, Angelo, Hosch, Larson,
Boettger, Seymour, Schuerer, Iverson, McKibben, Stewart, Beall,
Bolkcom, Quirmbach, Seng, Dvorsky, Horn, Warnstadt, Black and
Courtney, a concurrent resolution supporting the widening,
improvement, and enhancement of U.S. Highway 30 across central
Iowa and requesting federal assistance.
Laid over under Rule 25.
SCR 19, by Dotzler, Rehberg, Hosch, Seymour, McKinley, Warnstadt,
Dvorsky, McKibben, Gaskill, Courtney, Stewart and Beall, a
concurrent resolution relating to federal funding for fire and
emergency services and homeland security costs.
Laid over under Rule 25.
AMENDMENT FILED
H-1585 S.F. 448 Horbach of Tama
The House stood at ease at 10:12 p.m., until the fall of the gavel.
The House resumed session at 3:33 p.m., Speaker Rants in the
chair.
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
May 1, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 662, a bill for an act relating to the funding of, the operation of, and
appropriation of moneys to the college student aid commission, the department for the
blind, the department of cultural affairs, the department of education, and the state
board of regents and including an effective date and retroactive applicability date
provision.
Also: That the Senate has on May 1, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 667, a bill for an act relating to and making appropriations for health
and human services to the department of elder affairs, the Iowa department of public
health, the department of inspections and appeals, the department of human services,
and the commission of veterans affairs, and providing effective dates.
Also: That the Senate has on May 1, 2003, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:
Senate File 433, a bill for an act relating to and making appropriations to the
department of economic development, certain board of regents institutions, department
of workforce development, and the public employment relations board and related
matters.
Also: That the Senate has on May 1, 2003, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:
Senate File 439, a bill for an act relating to and making appropriations to the
justice system and providing an effective date.
MICHAEL E. MARCHALL, Secretary
FINAL DISPOSITION OF MOTIONS TO RECONSIDER
Pursuant to House Rule 73.7, the following motions to reconsider
which remained on the House Calendar upon adjournment of 2003
Regular Session of the Eightieth General Assembly will be considered
to have failed:
By Greiner of Washington, Huser of Polk and Arnold of Lucas to
House File 490, a bill for an act relating to the right of
condemnation of owners of certain land and including effective and
applicability date provisions, filed on March 20, 2003. (Bill passed
the House on March 20, 2003)
By Gipp of Winneshiek to Senate File 425, a bill for an act
relating to and making appropriations involving state government,
including provisions affecting agriculture and natural resources, filed
on April 7, 2003. (Bill passed the House on April 7, 2003)
By Gipp of Winneshiek to Senate File 435, a bill for an act
relating to and making appropriations to the judicial branch, filed on
April 22, 2003. (Bill passed the House on April 22, 2003)
HOUSE AND SENATE FILES REREFERRED TO COMMITTEES
Under to provisions of House Rule 45, the following House Files
and Senate Files were rereferred to the committees listed:
House Joint Resolution 12 Ways and Means
House File 96 Ways and Means
House File 169 State Government
House File 211 State Government
House File 572 Environmental Protection
House File 607 Judiciary
House File 660 Government Oversight
House File 666 Ways and Means
House File 690 Ways and Means
Senate File 73 Economic Growth
Senate File 185 Public Safety
Senate File 203 Environmental Protection
Senate File 313 Commerce, Regulation &
Labor
Senate File 384 Ways and Means
Senate File 440 Appropriations
Senate File 448 Public Safety
Senate File 449, previously passed on file was referred to the
committee on commerce, regulation and labor.
REPORT OF CHIEF CLERK OF THE HOUSE
MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following corrections were made:
House File 549
1. Page 26, line 16 - Change spelling of teachers's to teacher's.
2. Page 37, line 4 - Underscore period after the c.
3. Page 42, line 4 - Need a comma after the word importance.
House File 654
1. Page 1, line 8 - Take out the "1.".
House File 667
Page 16, line 6 - Post marital should be one word.
Page 55, line 24 - Change impatient to inpatient.
House File 685
1. Page 4, line 18 - Move the amount $75,000 one space to the right.
2. Page 6, line 21 - Need a comma after the word subsection.
MARGARET A. THOMSON
Chief Clerk of the House
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 1st day of May, 2003: House Files 450, 534, 543, 549, 595, 654, 655, 662, 665,
667, 671, 672, 674, 675, 676, 677, 680, 685, 689, and 694.
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 May 2, 2003, he approved and transmitted to the Secretary of
State the following bills:
House File 171, an Act relating to nonsubstantive code corrections and including
effective and retroactive applicability date provisions.
House File 404, an Act authorizing a sentencing court to issue no-contact orders
against persons arrested for any public offense.
House File 516, an Act relating to composition and responsibilities of the Iowa
Comprehensive Petroleum Underground Storage Tank Fund Board.
House File 529, 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 providing an effective date.
House File 619, an Act relating to health care including reimbursement of health
care facilities based on resident program eligibility and providing effective dates and a
contingent effective date.
House File 650, an Act relating to the assessment of a correctional fee by a county or
municipality, and to the prosecution of certain criminal offenses committed in a
municipality located in two or more counties.
Senate File 275, an Act relating to the taxation of utilities, including establishment
of a natural gas delivery tax rate for new electric power generating plants,
establishment of a replacement transmission tax for certain municipal utilities,
methods of allocation of replacement generation tax incurred by certain new stand-
alone electric power generating plants, a formula for determining taxable value for
property generating replacement tax annually, extending the task force, and providing
for applicability.
Senate File 353, an Act requiring establishment of county child protection assistance
teams.
Also: the Governor announced that on May 9, 2003, he approved
and transmitted to the Secretary of State the following bills:
House File 457, an Act expanding the requirements for the transition of an
individual from the child welfare services system to adulthood.
House File 560, an Act relating to medical assistance home and community-based
services waivers.
House File 599, 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.
House File 680, an Act relating to licenses for bait dealers by creating resident and
nonresident wholesale bait dealer licenses, providing reciprocity, and providing an
effective date.
Senate File 94, an Act providing for the confidentiality of certain veterans’ records
maintained by county recorders.
Senate File 341, an Act regulating the balance of competitive forces in swine and
beef production by enhancing the welfare of the farming community and by preventing
processors from gaining control of beef or swine production, providing for the transfer
of provisions, making a penalty applicable, and providing for an effective date.
Senate File 405, 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.
Also: the Governor announced that on May 12, 2003, he approved
and transmitted to the Secretary of State the following bills:
House File 558, an Act authorizing the Department of Human Services to disclose
information regarding the listing of an individual in the child or dependent abuse
registry or the sex offender registry when it is necessary for the protection of a child or
a dependent adult.
House File 565, an Act relating to the Healthy and Well Kids in Iowa program.
House File 677, an Act relating to new capital investment for businesses and new
jobs by creating a new capital investment program, creating tax incentives, and
amending the New Jobs and Income Program.
Senate File 444, an Act relating to the requirements for receiving a property tax
exemption for open prairies and wildlife habitats and including an applicability date
provision.
Senate File 459, an Act relating to Iowa agricultural industrial finance corporations,
by providing for the assignment of an Iowa Agricultural Finance Loan, and providing
an effective date.
Also: The Governor announced that on May 15, 2003, he approved
and transmitted to the Secretary of State the following bills:
House File 304, an Act relating to the payment by a county of the agricultural land
tax credit and reimbursement to the county of its payment and providing an effective
date.
House File 492, an Act relating to soil conservation by providing for the acquisition
of land by soil and water conservation districts, and eliminating certain reporting
requirements.
House File 576, an Act relating to the enterprise zone program and including
effective date provisions.
House File 665, 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.
House File 676, an Act establishing a veterans trust fund under the control of the
Commission of Veterans Affairs and providing a contingent appropriation.
Senate File 368, an Act relating to advanced telecommunications services, including
rate provisions.
Also: The Governor announced that on May 16, 2003, he approved
and transmitted to the Secretary of State the following bills:
House File 455, an Act requiring licensed health-related professionals to report
certain burn injuries to a law enforcement agency.
House File 543, an Act relating to minimum mammography examination coverage,
and making related changes.
House File 671, an Act relating to the recycling property exemption from property
tax and including an applicability date.
Senate File 402, an Act relating to sexual assault offenses by affecting the
admissibility of prior criminal offenses into evidence in the prosecution of certain
sexual offenses and by modifying the penalties for certain assaults.
Senate File 441, an Act relating to the transfer of certain property-related tax
credits and including effective and retroactive applicability date provisions.
Also: The Governor announced that on May 21, 2003, he approved
and transmitted to the Secretary of State the following bills:
House File 225, an Act modifying workers’ compensation laws and providing an
effective date.
House File 386, an Act relating to the Department of Elder Affairs including
provisions relating to the Elder Iowans Act.
House File 674, an Act relating to income tax deductions and exemptions for military
personnel and organizations, and including effective and applicability date provisions.
House File 682, 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.
Senate File 393, an Act relating to the Agricultural Development Authority by
providing for its organization and administration.
Senate File 396, an Act providing for the animal unit capacity of fowl for purposes of
regulating under the Animal Agriculture Compliance Act, and providing an effective
date.
Senate File 442, 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 retroactivity applicability dates and an effective
date.
Also: the Governor announced that on May 23, 2003, he approved
and transmitted to the Secretary of State the following bills:
House File 534, 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.
House File 577, an Act providing for a waiver of deadline requirements relating to
whole-grade sharing agreements in specified school districts, and providing an effective
date.
House File 594, an Act relating to the registration of electrical and mechanical
amusement devices and the registration of manufacturers and distributors thereof,
establishing fees, making an appropriation, making penalties applicable, and providing
an effective date.
House File 595, an Act relating to certain voluntary annexations and to involuntary
annexations and providing an effective date.
House File 624, an Act regulating farm deer, providing for penalties, and providing
an effective date.
House File 681, an Act relating to tax credits and associated refunds for cooperatives
engaged in the production of value-added agricultural products, and providing for its
applicability.
House File 694, an Act relating to the judicial branch including by establishing a
judicial district and judicial election district redistricting process, making changes to
the nomination, appointment, and retention of judges, expanding magistrate courts,
eliminating the position of alternate district associate judge, permitting district
judgeships to be apportioned or transferred to another judicial district, requiring the
county sheriff to serve a summons in certain delinquency proceedings, eliminating the
participation of the Foster Care Review Board in voluntary foster care placements,
waiving the filing fee and court costs in certain contempt actions, changing the duties
of and the procedures related to the clerk of the district court, providing that interest
on a judgment be calculated upon the one year treasury constant maturity plus two
percent, expanding the access of the deferred judgment docket, prohibiting regional
litigation centers, modifying the schedule of the probate court, providing for a fee, and
providing for a study.
Senate File 425, an Act relating to and making appropriations involving state
government, including provisions affecting agriculture and natural resources.
Senate File 435, an Act relating to and making appropriations to the judicial branch.
Senate File 439, an Act relating to and making appropriations to the justice system
and providing an effective date.
Senate File 451, an Act providing for the jurisdiction and funding of roads by
transferring funding for and jurisdiction of certain primary and farm-to-market roads,
modifying the procedure for classification of area service "C" roads, and establishing a
street construction fund distribution advisory committee, and making appropriations.
GOVERNOR’S ITEM VETO MESSAGE
May 23, 2003
The Honorable Chester Culver
Secretary of State
State Capitol
L O C A L
Dear Mr. Secretary:
I hereby transmit House File 667, an Act relating to and making appropriations for
health and human services to the Department of Elder Affairs, the Iowa Department of
Public Health, the Department of Inspections and Appeals, the Department of Human
Services, and Commission of Veterans Affairs, and providing effective dates.
There were cooperative efforts to resolve issues in areas addressed by this bill that
will allow Iowa to continue to provide services to children and families, even in these
challenging times. The legislature was thoughtful and receptive and this bill reflects a
very collaborative process between the stakeholders. Strong efforts were made to
protect vulnerable Iowans; including seniors, the disabled, dependent children and
families. This bill reflects joint efforts to address Medicaid and child welfare issues.
However, this bill continues to demand more services and reporting requirements at
the same time funding levels have been reduced. With a goal of working to provide
needed services and reducing process requirements, this bill has several provisions
that I cannot support.
I am unable to approve the designated portions of Section 2, subsection 1. This
section would require the Department of Health to produce a report of all the
organizations that applied for substance abuse treatment funds, the amounts awarded,
and the basis for refusal to award funds to any of the organizations that applied. In
accordance with the Accountable Government Act all substance abuse treatment and
prevention grants are awarded on a competitive basis. This item is an un-funded
mandate that takes time away from customers and communities for unnecessary
reporting.
I am unable to approve the item designated as Section 7, subsection 15, paragraph a
through k in their entirety. This language creates a new Iowa marriage grant
initiative. The language involved adds new bureaucratic rules and regulations that
require extensive staff time that could otherwise be spent providing services to
families. Furthermore, language already exists in statute for this program.
I am unable to approve the item designated as Section 11, subsection 8 in its
entirety. This language directs the Department of Human Services to work with
counties to implement services to people with chronic mental illness. This effort has
already been accomplished and is, therefore, redundant.
I am unable to approve the item designated as Section 16, subsection 5 in its
entirety. This language requires additional notice to legislators if additional federal
child-care funds are received. This is an unnecessary reporting requirement at a time
when funding for staff have been reduced.
I am unable to approve the item designated as Section 16, subsection 7(b) and (c) in
their entirety. This language directs the Department of Human Services to develop
consumer information to assist parents in selecting a childcare provider. The
department currently provides consumer information to customers and will continue to
do so. Staff and funding of the department have been severely reduced leaving the
department ill-equipped to provide the support necessary to complete this effort.
I am unable to approve the item designated as Section 18, subsection 12 in its
entirety. This language requires the Department of Human Services and juvenile
court officers to develop criteria for intensive tracking and supervision of delinquent
youth. These criteria were developed three years ago in response to this language;
thus, this language is no longer needed.
I am unable to approve the item designated as Section 18, subsection 21. This
directs the Department of Human Services to develop a plan to privatize the
administration of foster care and adoption programs. Given the fact that no additional
funds were provided for this purpose, staffing has been severely reduced, and the child
welfare redesign effort is included in Senate File 453, implementation of this section is
counter-productive.
I am unable to approve the item designated as a portion of Section 28, subsection 2.
This item requires the Department of Human Services to submit proposed legislation
to correct Code references related to service areas. This appears to be the realm of the
Legislative Service Bureau or Code Editor rather than the Department of Human
Services, especially at a time when the Department’s resources have been severely
reduced.
I am unable to approve the item designated as Section 35. This language exempts
the Department of Human Services from making payments to the Vehicle Dispatcher
for fiscal year 2004. This would hamper the state’s efforts to purchase vehicles when
needed and at the best price.
I am unable to approve the item designated as Section 36, subsection 2, in its
entirety. This language creates a new initiative on parental involvement. The
language involved is very prescriptive, time intensive and can be accomplished without
directing the effort.
For the above reasons, I respectfully disapprove these items in accordance with
Amendment IV of the Amendments of 1968 to the Constitution of the State of Iowa.
All other items in House File 667 are hereby approved as of this date.
Sincerely,
Thomas J. Vilsack
Governor
COMMUNICATIONS RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT OF HUMAN SERVICES
Analysis report regarding the use of any excess payment allowance to nursing
facilities, pursuant to Chapter 3 e, f, Code of Iowa.
CIVIL RIGHTS COMMISSION
Annual savings report on ICN usage for fiscal year 2002, pursuant to Chapter
7E.5(n), Code of Iowa.
COMMITTEE TO NOTIFY THE GOVERNOR
Gipp of Winneshiek moved that a committee of two be appointed to
notify the Governor that the House was ready to adjourn in
accordance with Senate Concurrent Resolution 21, duly adopted.
The motion prevailed and the Speaker appointed as such
committee Carroll of Poweshiek and Myers of Johnson.
COMMITTEE TO NOTIFY THE SENATE
Gipp of Winneshiek moved that a committee of two be appointed to
notify the Senate that the House was ready to adjourn in accordance
with Senate Concurrent Resolution 21, duly adopted.
The motion prevailed and the Speaker appointed as such
committee Elgin of Linn and Connors of Polk.
COMMITTEE FROM THE SENATE
The committee from the Senate appeared and notified the House
that the Senate was ready to adjourn.
REPORT OF THE COMMITTEE TO NOTIFY THE SENATE
The committee appointed to notify the Senate that the House was
ready to adjourn returned and reported it had performed its duty.
REPORT OF THE COMMITTEE TO NOTIFY THE GOVERNOR
The committee appointed to notify the Governor that the House
was ready to adjourn returned and reported it had performed its
duty.
COMMUNICATION FROM THE GOVERNOR
May 1, 2003
The Honorable Mary Kramer
President of the Senate
State Capitol
L O C A L
The Honorable Christopher Rants
Speaker of the House
State Capitol
L O C A L
Dear President Kramer and Speaker Rants:
Throughout our state’s history, Iowans have valued education, hard work, self-
reliance, community involvement, generosity to our neighbors, and responsible
stewardship of the land, air, and water. Challenging times give us an opportunity to
assess our values, and to make changes that will support those values.
This, the first session of the Eightieth General Assembly, gave us the opportunity
to address these shared Iowa values. Even in these difficult economic times that have
most states reeling from budget cuts and shortfalls, we have a unique opportunity to
make the bold changes necessary to grow Iowa, preserve our values, and strengthen
the quality of life that has long sustained our state.
Developing and drafting consensus language that creates the Iowa Values Fund has
been a historic achievement accomplished by both the majority and minority members
of the House of Representatives during the regular session. I look forward to working
with the State Senate to act on the Iowa Values Fund.
Two pieces of significant legislation that were accomplished during the regular
session were to lower the level of alcohol needed in a person’s blood to be presumed
drunk, from .10 to .08 BAC and the proposal to reorganize and streamline state
government.
This was the third consecutive legislative session that I have called for a bill to
lower the blood alcohol rate to .08. The tougher standard corresponds with a projected
10-16 lives saved in Iowa per year. This has always been an issue of safety.
I had called on the legislature to create the Department of Administrative Services
(DAS) last session and am pleased that this session DAS was sent to me. DAS will
streamline services, improve services to customers, enhance resource flexibility, and to
save money.
I intend to continue to work with legislators to lay the foundation for a more
prosperous future for our state. When the people of Iowa work together on a common
goal, we can accomplish anything.
Sincerely,
Thomas J. Vilsack
Governor
FINAL ADJOURNMENT
By virtue of Senate Concurrent Resolution 21, duly adopted, the
day of May 1, 2003 having arrived, the Speaker of the House of
Representatives declared the 2003 Regular Session of the Eightieth
General Assembly adjourned sine die.
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