house journal - legis.iowa.gov

PROOF

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STATE OF IOWA

House Journal

MONDAY, APRIL 21, 2003

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Printed daily by the State of Iowa during the sessions of the General Assembly. An official corrected copy is available for reference in the office of the Chief Clerk. (The official bound copy will be available after a reasonable time upon adjournment.)

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1174 JOURNAL OF THE HOUSE 99th Day

JOURNAL OF THE HOUSE

Ninety-ninth Calendar Day - Seventieth Session Day

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

The House met pursuant to adjournment at 1:00 p.m., Speaker Rants in the chair. Prayer was offered by Reverend Darrell Weber, pastor of Zion Evangelical and Reformed Church, Garner. He was the guest of Representative Linda Upmeyer of Hancock County. The Journal of Friday, April 18, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Speaker Rants.

ADOPTION OF HOUSE RESOLUTION 47

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

ADOPTION OF HOUSE RESOLUTION 44

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

SPECIAL PRESENTATION

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

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=80&hbill=HR47






MONDAY, APRIL 21, 2003 1175

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

AFTERNOON SESSION The House reconvened at 5:04 p.m., Speaker Rants in the chair.

QUORUM CALL

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

INTRODUCTION OF BILL

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

MESSAGES FROM THE SENATE

The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 21, 2003, amended and passed the following bill in which the concurrence of the House is asked: House File 400, a bill for an act relating to providing probationer and parolee information to local law enforcement agencies and the state department of transportation. Also: That the Senate has on April 21, 2003, amended and passed the following bill in which the concurrence of the House is asked: House File 454, a bill for an act relating to mandatory universal newborn and infant hearing screening. Also: That the Senate has on April 21, 2003, amended and passed the following bill in which the concurrence of the House is asked: House File 457, a bill for an act expanding requirements for the transition of an individual from the child welfare services system to adulthood.

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=80&hbill=HF688





Also: That the Senate has on April 21, 2003, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 386, a bill for an act requiring the insurance division of the department of commerce to establish a school health insurance reform team study and to make recommendations to the general assembly.

MICHAEL E. MARSHALL, Secretary

SENATE AMENDMENTS CONSIDERED Klemme of Plymouth called up for consideration House File 516, a bill for an act relating to composition and responsibilities of the Iowa comprehensive petroleum underground storage tank fund board, amended by the Senate, and moved that the House concur in the following Senate amendment H–1322: H-1322 1 Amend House File 516, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, by inserting after line 25, the 4 following: 5 "Sec. . Section 455G.6, Code 2003, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 17. The board may adopt rules 8 pursuant to chapter 17A providing for the transfer of 9 all or a portion of the liabilities of the board under 10 this chapter. Notwithstanding other provisions to the 11 contrary, the board, upon such transfer, shall not 12 maintain any duty to reimburse claimants under this 13 chapter for those liabilities transferred." 14 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H–1322. Klemme of Plymouth moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 516) The ayes were, 99: Alons Arnold Baudler Bell

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=80&hbill=SF386


http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=80&hbill=H1322





Berry Boal Boddicker Boggess Bukta Carroll Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hanson Heaton Heddens Hoffman Hogg Horbach Hunter Huseman Huser Hutter Jacobs Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Mr. Speaker Rants The nays were, none. Absent or not voting, 1: Hansen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Carroll of Poweshiek in the chair at 5:17 p.m. Wise of Lee called up for consideration House File 391, a bill for an act establishing a pilot program for the development of cogeneration facilities, providing for the development of ratemaking principles and rates for pilot program facilities, and providing for a future repeal, amended by the Senate, and moved that the House concur in the following Senate amendment H–1335: H-1335 1 Amend House File 391, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, line 6, by striking the word "three"





4 and inserting the following: "two". 5 2. Page 2, line 10, by striking the word "pilot". 6 3. Page 2, line 31, by striking the figure "2008" 7 and inserting the following: "2007". 8 4. Page 2, by inserting after line 31 the 9 following: 10 "c. The selection of a cogeneration project under 11 this program does not authorize an electric utility to 12 furnish or offer to furnish electric services to the 13 public outside its assigned area of service 14 established under sections 476.22 through 476.26." 15 5. Page 2, line 32, by striking the figure "2008" 16 and inserting the following: "2007". 17 6. Page 2, line 35, by striking the figure "2008" 18 and inserting the following: "2007". 19 7. By renumbering, relettering, or redesignating 20 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H–1335. Wise of Lee moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 391) The ayes were, 99: Alons Arnold Baudler Bell Berry Boal Boddicker Boggess Bukta Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hanson Heaton Heddens Hoffman Hogg Horbach Hunter Huseman Huser Hutter Jacobs Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T.




Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Carroll, Presiding The nays were, none. Absent or not voting, 1: Hansen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Heaton of Henry called up for consideration House File 529, a bill for an act directing the mental health and developmental disabilities commission to make recommendations for redesigning the mental health and developmental disabilities services system for adults and children and providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H–1342: H-1342 1 Amend House File 529, as passed by the House, as 2 follows: 3 1. Page 1, lines 9 and 10, by striking the words 4 "and children". 5 2. Page 2, by striking line 15 and inserting the 6 following: 7 "The commission shall include a process by which 8 funding follows the covered individual among the 9 options considered, including but not limited to the 10 following:" 11 3. By striking page 4, line 14, through page 5, 12 line 14, and inserting the following: 13 "4. ADDRESS THE LEGAL SETTLEMENT PROCESS. 14 The commission shall consider options for 15 addressing the deficiencies in the legal settlement 16 process currently used for determining governmental 17 financial liability for service costs. The options 18 considered may include but are not limited to 19 providing for a transition to a system that provides 20 for service access based upon an individual's 21 residency."






22 4. Title page, line 4, by striking the words "and 23 children". The motion prevailed and the House concurred in the Senate amendment H–1342. Heaton of Henry moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 529) The ayes were, 87: Alons Arnold Baudler Bell Boal Boddicker Boggess Bukta Chambers Cohoon Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hoffman Hogg Horbach Huseman Huser Hutter Jacobs Jenkins Jones Klemme Kramer Kuhn Kurtenbach Lalk Lukan Lykam Maddox Manternach McCarthy Mertz Miller Myers Oldson Olson, S. Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Smith Stevens Struyk Swaim Taylor, D. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Wise Carroll, Presiding The nays were, 13: Berry Connors Ford Hunter Jochum Lensing Mascher Murphy Olson, D. Osterhaus Shoultz Taylor, T. Winckler Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to.




Elgin of Linn called up for consideration House File 534, a bill for an act providing for the reorganization of certain state departments by establishing a department of administrative services, making related changes, providing penalties, and providing an effective date, amended by the Senate amendment H–1336 as follows: H-1336 1 Amend House File 534, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, line 15, by striking the word 4 "public". 5 2. Page 3, line 18, by striking the word 6 "enterprisewide". 7 3. Page 3, line 21, by striking the words "the 8 enterprise" and inserting the following: "state 9 government". 10 4. Page 8, line 27, by inserting after the word 11 "approving" the following: ", on an annual basis,". 12 5. Page 8, line 28, by striking the word 13 "service.", and inserting the following: "service, 14 the procedure for resolving complaints concerning the 15 service provided, and the procedure for setting rates 16 for the service. In addition, if the service to be 17 provided may also be provided to the judicial branch 18 and legislative branch, then the rules shall provide 19 that the chief justice of the supreme court and the 20 legislative council may, in their discretion, each 21 appoint a member to the applicable customer council." 22 6. Page 8, by striking line 32 and inserting the 23 following: "biennial review by the appropriate 24 customer council of the decision made by the 25 department that the department should be the sole 26 provider of a service." 27 7. Page 8, by inserting before line 33 the 28 following: 29 "4. The department shall annually prepare a 30 listing separately identifying services to be provided 31 by the department and funded by an appropriation, 32 services to be provided by the department and funded 33 by the governmental entity receiving the service, and 34 services which the department is authorized to provide 35 but which governmental entities may provide on their 36 own or obtain from another provider of the service." 37 8. By striking page 8, line 35, through page 9, 38 line 2, and inserting the following: 39 "1. The director shall enter into agreements with 40 state agencies, and may enter into agreements with any 41 other governmental entity, to furnish services and 42 facilities of the department to the applicable





43 governmental entity. The". 44 9. Page 9, by inserting after line 8 the 45 following: 46 "3. The state board of regents shall not be 47 required to obtain any service for the state board of 48 regents or any institution under the control of the 49 state board of regents that is provided by the 50 department pursuant to this chapter without the Page 2 1 consent of the state board of regents." 2 10. Page 9, line 9, by striking the word 3 "REVOLVING", and inserting the following: "INTERNAL 4 SERVICE". 5 11. Page 9, by striking lines 10 through 17 and 6 inserting the following: 7 "1. Activities of the department shall be 8 accounted for within the general fund of the state, 9 except that the director may establish and maintain 10 internal service funds in accordance with generally 11 accepted accounting principles, as defined in section 12 8.57, subsection 4, for activities of the department 13 which are primarily funded from billings to 14 governmental entities for services rendered by the 15 department. The establishment of an internal service 16 fund is subject to the approval of the director of the 17 department of management and the concurrence of the 18 auditor of state. At least ninety days prior to the 19 establishment of an internal service fund pursuant to 20 this section, the director shall notify in writing the 21 general assembly, including the legislative council, 22 legislative fiscal committee, and the legislative 23 fiscal bureau. 24 2. Internal service funds shall be administered by 25 the department and shall consist of moneys collected 26 by the department from billings issued in accordance 27 with section 8A.125 and any other moneys obtained or 28 accepted by the department, including but not limited 29 to gifts, loans, donations, grants, and contributions, 30 which are designated to support the activities of the 31 individual internal service funds." 32 12. Page 9, line 19, by striking the words "a 33 revolving" and inserting the following: "an internal 34 service". 35 13. Page 9, by striking lines 23 and 24 and 36 inserting the following: 37 "3. The proceeds of an internal service fund 38 established pursuant to this section shall be used by 39 the". 40 14. Page 9, line 28, by striking the words "a 41 revolving", and inserting the following: "an internal


42 service". 43 15. Page 9, line 34, by striking the letter "c.", 44 and inserting the following: "4." 45 16. Page 9, line 34, by striking the word 46 "revolving", and inserting the following: "internal 47 service". 48 17. Page 10, by striking line 3 and inserting the 49 following: 50 "5. a. The director shall annually provide Page 3 1 internal service fund". 2 18. Page 10, line 9, by striking the figure 3 "(2)", and inserting the following: "b." 4 19. Page 10, line 10, by striking the word and 5 figure "January 31", and inserting the following: 6 "October 1". 7 20. Page 10, line 12, by striking the words "a 8 revolving", and inserting the following: "an internal 9 service". 10 21. Page 10, by striking lines 14 through 20. 11 22. , line 3, by inserting after the word 12 "costs" the following: "which have not been funded by 13 an appropriation to the department". 14 23. Page 11, lines 25 and 26, by striking the 15 words "a revolving", and inserting the following: "an 16 internal service". 17 24. Page 11, line 27, by striking the word 18 "revolving", and inserting the following: "internal 19 service". 20 25. Page 13, line 11, by inserting after the word 21 "systems" the following: "and capitol complex 22 security systems in use for the legislative branch". 23 26. Page 13, by inserting after line 15, the 24 following: 25 "g. A judicial district department of correctional 26 services established pursuant to section 905.2". 27 27. Page 30, line 2, by inserting after the word 28 "purchased" the following: "by state agencies". 29 28. Page 30, line 6, by inserting after the word 30 "law." the following: "However, items of general use 31 may be purchased through the department by any 32 governmental entity." 33 29. Page 31, line 35, by inserting after the 34 figure "3." the following: "a." 35 30. Page 32, by inserting after line 5 the 36 following: 37 "b. Architectural and engineering services shall 38 be procured in a reasonable manner, as the director by 39 rule may determine, on the basis of competence and 40 qualification for the type of services required and


41 for a fair and reasonable price." 42 31. Page 55, by striking lines 27 through 28. 43 32. Page 55, line 29, by striking the figure "4." 44 and inserting the following: "3." 45 33. Page 63, line 2, by striking the word "as", 46 and inserting the following: "if such policies are 47 otherwise". 48 34. Page 107, by striking line 15, and inserting 49 the following: "shall be paid at the rate established 50 by section 18.117 8A.363 for". Page 4 1 35. Page 107, line 18, by inserting after the 2 word "session" the following: "unless the general 3 assembly otherwise provides". 4 36. Page 107, by striking lines 19 through 31. 5 37. Page 107, by inserting before line 32, the 6 following: 7 "Sec. . Section 2.43, unnumbered paragraph 1, 8 Code 2003, is amended to read as follows: 9 The legislative council in cooperation with the 10 officers of the senate and house shall have the duty 11 and responsibility for preparing for each session of 12 the general assembly. Pursuant to such duty and 13 responsibility, the legislative council shall assign 14 the use of areas in the state capitol except for the 15 areas used by the governor as of January 1, 1986, and 16 by the courts as of November 1, 2002 July 1, 2003, 17 and, in consultation with the director of the 18 department of general services and the capitol 19 planning commission, may assign areas in other state 20 office buildings for use of the general assembly or 21 legislative agencies. The legislative council may 22 authorize the renovation, remodeling and preparation 23 of the physical facilities used or to be used by the 24 general assembly or legislative agencies subject to 25 the jurisdiction of the legislative council and award 26 contracts pursuant to such authority to carry out such 27 preparation. The legislative council may purchase 28 supplies and equipment deemed necessary for the proper 29 functioning of the legislative branch of government." 30 38. Page 108, by striking lines 2 through 11. 31 39. By striking page 109, line 6, through page 32 112, line 8. 33 40. Page 114, by striking lines 25 through 34. 34 41. Page 118, by striking line 9, and inserting 35 the following: "revenue and finance certify that 36 the". 37 42. Page 118, line 18, by striking the words 38 "administrative services", and inserting the 39 following: "management for deposit in the innovations


40 fund". 41 43. Page 119, by striking lines 16 through 22. 42 44. By striking page 125, line 18, through page 43 126, line 2. 44 45. Page 126, by striking lines 3 through 12. 45 46. 0, by striking lines 2 and 3 and 46 inserting the following: 47 "Sec. . Section 70A.38, subsection 8, Code 48 2003, is amended to read as follows: 49 8. This section is repealed June 30, 2003 2008." 50 47. Page 179, by inserting after line 13, the Page 5 1 following: 2 "Sec. . DEPARTMENT PROGRESS REPORTS. The 3 department of administrative services shall report to 4 the committees on government oversight of the senate 5 and house of representatives on or before each July 31 6 and January 31 between July 1, 2003, and February 1, 7 2006, regarding the activities of the department in 8 implementing the requirements of this Act, including 9 but not limited to the department's decisions 10 concerning which services should be provided solely by 11 the department and which services should be available 12 from a variety of providers." 13 48. Page 179, by inserting after line 17 the 14 following: 15 "__. "Agency" or "state agency" means as defined 16 in section 8A.101. "Agency" includes the state board 17 of regents subject to the requirements of section 18 8A.122." 19 49. Page 179, by striking line 24 and inserting 20 the following: "state agencies and other entities 21 to". 22 50. Page 179, line 27, by striking the words 23 "government entities and", and inserting the 24 following: "agencies. Managed competition". 25 51. Page 179, line 28, by inserting after the 26 word "providers" the following: ", which may be state 27 agencies or nongovernmental entities,". 28 52. Page 179, line 28, by inserting after the 29 word "service" the following: "to state agencies". 30 53. Page 179, by striking line 31 and inserting 31 the following: 32 "2. The following duties relating to state 33 administrative services shall be performed, subject to 34 the requirements of chapter 8A, as provided by this 35 subsection: 36 a. (1) The department of administrative services 37 shall, pursuant to the requirements of this section, 38 select a designated state service and conduct a pilot


39 project to determine the feasibility of conducting a 40 managed competition for delivery of the service and 41 shall submit a report, with its findings and 42 recommendations, to the legislative fiscal bureau and 43 the committees on government oversight of the senate 44 and house of representatives by July 1, 2005. 45 (2) In addition, the department of administrative 46 services may,". 47 54. Page 179, line 35, by striking the words "In 48 addition,". 49 55. Page 180, by striking lines 1 through 10. 50 56. Page 180, line 11, by striking the words and Page 6 1 figures "a. By July 1, 2004", and inserting the 2 following: 3 "b. By July 1, 2005". 4 57. Page 180, line 13, by inserting after the 5 word "services" the following: "unless more efficient 6 results can be obtained through the use of other 7 entrepreneurial methods as authorized by chapter 8A". 8 58. Page 180, by striking lines 17 through 31 and 9 inserting the following: 10 "c. By September 1, 2004, the department of 11 administrative services, with the assistance of the 12 department of management, shall conduct a 13 comprehensive study of the impact of transferring all 14 state agency employees delivering information 15 technology services to the department of 16 administrative services and of the impact of 17 physically merging the data centers of the department, 18 the state department of transportation, and the 19 department of workforce development, into one data 20 center. The study shall include an assessment of 21 advantages and disadvantages, economies of scale, 22 cost, and space availability, and shall solicit input 23 from outside vendors, both public and private. The 24 department shall report to the legislative fiscal 25 bureau and the committees on government oversight of 26 the senate and house of representatives on the 27 department's findings and recommendations by November 28 1, 2004." 29 59. Page 181, by striking lines 1 through 3 and 30 inserting the following: "the department of 31 administrative services unless more efficient results 32 can be obtained through the use of other 33 entrepreneurial methods as authorized by chapter 8A. 34 The request for proposals shall allow for the awarding 35 of all or parts of fleet management to the department 36 of administrative services, other governmental 37 agencies, or nongovernmental entities."


38 60. Page 181, line 4, by striking the figure "4." 39 and inserting the following: "3." 40 61. Page 181, by striking lines 5 through 17 and 41 inserting the following: "process for issuance of 42 requests for proposals for managed competition. The 43 role of the auditor of state is to provide advice as 44 to whether an approach offers the best opportunity for 45 reducing state government costs." 46 62. Page 181, line 20, by inserting after the 47 figure "7D.33," the following: "7F.1,". 48 63. Page 181, by inserting after line 24, the 49 following: 50 "Sec. . PREVAILING PROVISIONS. The provisions Page 7 1 of House File 636 relating to legislative branch 2 consolidation of functions, or a similar bill enacted 3 by the Eightieth General Assembly, 2003 Regular 4 Session, which provisions relate to official legal and 5 other publications, procurements, special distribution 6 of legal publications, and restrictions on free 7 distributions by the legislative service bureau or its 8 successor agency, shall prevail over any conflicting 9 provisions of this Act." 10 64. By renumbering, relettering, or redesignating 11 and correcting internal references as necessary. Elgin of Linn offered the following amendment H–1345, to the Senate amendment H–1336, filed by him and moved its adoption: H-1345 1 Amend the Senate amendment, H-1336, to House File 2 534, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 4, by striking line 33. 5 2. Page 6, by striking lines 46 and 47. Amendment H–1345 was adopted. On motion by Elgin of Linn, the House concurred in the Senate amendment H–1336, as amended. Elgin of Linn moved that the bill, as amended by the Senate, further amended and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time.







On the question “Shall the bill pass?” (H.F. 534) The ayes were, 100: Alons Arnold Baudler Bell Berry Boal Boddicker Boggess Bukta Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hoffman Hogg Horbach Hunter Huseman Huser Hutter Jacobs Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Carroll, Presiding The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

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

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




the Senate, and moved that the House concur in the following Senate amendment H–1294: H-1294 1 Amend House File 655, as passed by the House, as 2 follows: 3 1. Page 3, by striking line 12 and inserting the 4 following: 5 " ........................................................................................ $ 829,996" 6 2. Page 3, by striking lines 14 through 22 and 7 inserting the following: 8 "b. Notwithstanding the provisions of section 9 546.10, subsection 3, to the contrary, for the fiscal 10 year beginning July 1, 2003, and ending June 30, 2004, 11 funds received from an increase in licensing fees by 12 the real estate commission created pursuant to chapter 13 543B shall be deposited in the general fund of the 14 state as provided in section 546.10, subsection 5." 15 3. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H–1294. Eichhorn of Hamilton moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question “Shall the bill pass?” (H.F. 655) The ayes were, 55: Alons Arnold Baudler Boal Boddicker Boggess Chambers De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Freeman Gipp Granzow Greiner Hahn Hansen Hanson Heaton Hoffman Horbach Huseman Hutter Jacobs Jenkins Jones Klemme Kramer Kurtenbach Lalk Lukan Maddox Manternach Olson, S. Paulsen Raecker Rants, Spkr. Rasmussen Roberts Sands Schickel Struyk Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wilderdyke Carroll, Presiding






The nays were, 45. Bell Berry Bukta Cohoon Connors Dandekar Davitt Fallon Foege Ford Frevert Gaskill Greimann Heddens Hogg Hunter Huser Jochum Kuhn Lensing Lykam Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Osterhaus Petersen Quirk Reasoner Shoultz Smith Stevens Swaim Taylor, D. Taylor, T. Thomas Wendt Whitaker Whitead Winckler Wise Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Horbach of Tama called up for consideration House File 548, a bill for an act relating to law enforcement officer training at the Iowa law enforcement academy, amended by the Senate, and moved that the House concur in the following Senate amendment H–1284: H-1284 1 Amend House File 548, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting after line 34 the 4 following: 5 "Sec. . Section 80B.11B, subsection 2, Code 6 2003, is amended to read as follows: 7 2. The Iowa law enforcement academy may also 8 charge the department of natural resources or other 9 agency or department of the state, a member of a 10 police force of a city or county, or any political 11 subdivision of the state not more than one-half of the 12 cost of providing the basic training course which is 13 designed to meet the minimum basic training 14 requirements for a law enforcement officer. All other 15 candidates to the law enforcement academy, including a 16 candidate from a tribal government, shall pay the full 17 costs of providing the basic training requirements for 18 a law enforcement officer." 19 2. Title page, line 2, by inserting after the 20 word "academy" the following: ", and providing for a 21 fee".





The motion prevailed and the House concurred in the Senate amendment H–1284. Horbach of Tama moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question “Shall the bill pass?” (H.F. 548) The ayes were, 100: Alons Arnold Baudler Bell Berry Boal Boddicker Boggess Bukta Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hoffman Hogg Horbach Hunter Huseman Huser Hutter Jacobs Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Carroll, Presiding The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Sands of Louisa called up for consideration House File 319, a bill for an act permitting written demand via regular mail prior to an





action under the uniform commercial code for recovery of civil damages for a dishonored check, draft, or order, when supported by an affidavit of service, amended by the Senate, and moved that the House concur in the following Senate amendment H–1283: H-1283 1 Amend House File 319, as passed by the House, as 2 follows: 3 1. Page 1, line 13, by striking the word 4 "conclusive" and inserting the following: 5 "presumptive". The motion prevailed and the House concurred in the Senate amendment H–1283. Sands of Louisa moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question “Shall the bill pass?” (H.F. 319) The ayes were, 100: Alons Arnold Baudler Bell Berry Boal Boddicker Boggess Bukta Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hoffman Hogg Horbach Hunter Huseman Huser Hutter Jacobs Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead






Wilderdyke Winckler Wise Carroll, Presiding The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. S. Olson of Clinton called up for consideration House File 547, a bill for an act providing for evidence of financial responsibility filed by commercial pesticide applicators, amended by the Senate, and moved that the House concur in the following Senate amendment H–1334: H-1334 1 Amend House File 547, as passed by the House, as 2 follows: 3 1. Page 2, by inserting after line 22, the 4 following: 5 "Sec. . EFFECTIVE DATE. This Act, being deemed 6 of immediate importance, takes effect upon enactment." 7 2. Title page, line 2, by inserting after the 8 word "applicators" the following: ", and providing an 9 effective date". 10 3. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H–1334. S. Olson of Clinton moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question “Shall the bill pass?” (H.F. 547) The ayes were, 99: Alons Arnold Baudler Bell Berry Boal Boddicker Boggess Bukta Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp







Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hoffman Hogg Hunter Huseman Huser Hutter Jacobs Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Carroll, Presiding The nays were, none. Absent or not voting, 1: Horbach The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to.

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 319, 547, 548 and 655.

CONSIDERATION OF BILLS Unfinished Business Calendar

Senate File 102, a bill for an act relating to the chief executive officer of the Iowa public employees' retirement system and providing an effective and retroactive applicability date, with report of committee recommending passage, was taken up for consideration. Drake of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time.



On the question “Shall the bill pass?” (S.F. 102) The ayes were, 100: Alons Arnold Baudler Bell Berry Boal Boddicker Boggess Bukta Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hoffman Hogg Horbach Hunter Huseman Huser Hutter Jacobs Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Carroll, Presiding The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

Ways and Means Calendar House File 671, a bill for an act relating to the recycling property exemption from property tax and including an applicability date, was taken up for consideration. Lalk of Fayette moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time.




On the question “Shall the bill pass?” (H.F. 671) The ayes were, 99: Alons Arnold Baudler Bell Berry Boal Boddicker Boggess Bukta Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hogg Horbach Hunter Huseman Huser Hutter Jacobs Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Carroll, Presiding The nays were, none. Absent or not voting, 1: Hoffman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Jacobs of Polk in the chair at 6:00 p.m.

Appropriations Calendar

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




effective date and retroactive applicability, was taken up for consideration. Drake of Pottawattamie offered amendment H–1354 filed by him and Boggess of Page and requested division as follows: H-1354 1 Amend House File 682 as follows: H-1354A 2 1. Page 2, by inserting after line 16 the 3 following: 4 "Sec. . Section 123.127, subsection 1, 5 paragraph c, Code 2003, is amended by striking the 6 paragraph and inserting in lieu thereof the following: 7 c. That the applicant is a person of good moral 8 character as defined by this chapter." 9 2. Page 4, by striking lines 31 through 34 and 10 inserting the following: 11 "c. The place of birth of the applicant, and if 12 the applicant is a naturalized citizen, the time and 13 place of naturalization, or if a corporation, the 14 state of incorporation. That the applicant is a 15 person of good moral character as defined by this 16 chapter." H-1354B 17 3. Page 5, by inserting after line 18 the 18 following: 19 "Sec. . Section 123.176, subsection 1, 20 paragraph c, Code 2003, is amended by striking the 21 paragraph and inserting in lieu thereof the following: 22 c. That the applicant is a person of good moral 23 character as defined by this chapter." On motion by Drake of Pottawattamie amendment H–1354A was adopted. Drake of Pottawattamie asked and received unanimous consent to withdraw amendment H–1354B. Boggess of Page moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time.






On the question “Shall the bill pass?” (H.F. 682) The ayes were, 87: Baudler Bell Berry Boal Boddicker Boggess Bukta Carroll Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Elgin Fallon Foege Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hoffman Hogg Horbach Hunter Huseman Huser Jenkins Jochum Jones Klemme Kramer Kuhn Kurtenbach Lensing Lukan Lykam Maddox Manternach McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Petersen Quirk Raecker Rants, Spkr. Rayhons Reasoner Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, T. Thomas Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Jacobs, Presiding The nays were, 13: Alons Arnold Eichhorn Ford Hutter Lalk Mascher Paulsen Rasmussen Roberts Taylor, D. Tjepkes Van Fossen, J.R. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

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




SENATE AMENDMENT CONSIDERED

Carroll of Poweshiek called up for consideration House File 387, a bill for an act relating to mental health and developmental disabilities by revising life safety requirements for intermediate care facilities for persons with mental retardation, expanding an exemption to health care licensing requirements for certain residential programs that receive funding under a medical assistance home and community-based services waiver and approval from the department of human services, and revising membership requirements for the mental health and developmental disabilities commission, and providing an effective date, amended by the Senate and moved that the House concur in the following Senate amendment H–1367: H-1367 1 Amend House File 387, as passed by the House, as 2 follows: 3 1. Page 1, line 20, by striking the figure and 4 word "1985 edition" and inserting the following: 5 "1985 2000 edition". 6 2. Page 3, by striking lines 6 through 14, and 7 inserting the following: 8 "Sec. . Section 225C.5, subsection 1, paragraph 9 c, Code 2003, is amended to read as follows: 10 c. One member shall be an active board member of a 11 community mental health center selected from nominees 12 submitted by the Iowa association of community 13 providers." 14 3. Title page, by striking lines 2 and 3, and 15 inserting the following: "by expanding an". The motion prevailed and the House concurred in the Senate amendment H–1367. Carroll of Poweshiek moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 387)







The ayes were, 99: Alons Arnold Baudler Bell Berry Boal Boddicker Boggess Bukta Carroll Chambers Cohoon Connors Dandekar Davitt De Boef Dennis Dix Dolecheck Drake Eichhorn Elgin Fallon Foege Ford Freeman Frevert Gaskill Gipp Granzow Greimann Greiner Hahn Hansen Hanson Heaton Heddens Hoffman Hogg Horbach Hunter Huseman Huser Hutter Jenkins Jones Klemme Kramer Kuhn Kurtenbach Lalk Lensing Lukan Lykam Maddox Manternach Mascher McCarthy Mertz Miller Murphy Myers Oldson Olson, D. Olson, S. Osterhaus Paulsen Petersen Quirk Raecker Rants, Spkr. Rasmussen Rayhons Reasoner Roberts Sands Schickel Shoultz Smith Stevens Struyk Swaim Taylor, D. Taylor, T. Thomas Tjepkes Tymeson Upmeyer Van Engelenhoven Van Fossen, J.K. Van Fossen, J.R. Watts Wendt Whitaker Whitead Wilderdyke Winckler Wise Jacobs, Presiding The nays were, none. Absent or not voting, 1. Jochum The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to.

IMMEDIATE MESSAGE

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

SENATE FILE 371 REFERRED

The Speaker announced that Senate File 371, previously placed on the calendar was referred to committee on ways and means.





BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 21st day of April, 2003: House Files 65, 397, 489 and 509.

MARGARET A. THOMSON Chief Clerk of the House

Report adopted.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that on April 17, 2003, he approved and transmitted to the Secretary of State the following bills: House File 411, an Act providing resident license fees for hunting, fishing, trapping, and related activities to certain persons in the armed forces of the United States. House File 412, an Act relating to the amount of mussels and shells which may be taken pursuant to a sport fishing license. House File 456, an Act relating to contract choice-of-law provisions referring to the Uniform Computer Information Transactions Act, and related matters and providing an effective date. House File 601, an Act relating to campaign finance, including political party committees, campaign disclosure reports, independent expenditures, and income tax checkoff provisions. House File 623, an Act relating to registration with the United States Selective Service System by application for a driver's license or nonoperator's identification card or for renewal of a driver's license or nonoperator's identification card. House File 652, an Act relating to and making appropriations and other infrastructure-related appropriations to the State Department of Transportation, including allocation and use of moneys from the Road Use Tax Fund and the Primary Road Fund, and providing for the nonreversion of certain moneys. Senate File 272, an Act relating to conflicts of interest in public contracts.









CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows.


2003\1252 James Bowman, Perry – For celebrating his 83rd birthday, and upon his

retirement, for 25 years of very special service as a Registered Nurse to the patients at the Medical Center at Woodward Resource Center.

COMMITTEE RECOMMENDATIONS

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


COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House Study Bill 314), providing a wind energy production tax credit under the individual and corporate income taxes, the franchise tax, and insurance premiums tax and including an applicability date provision. Fiscal note is not required. Recommended Amend and Do Pass April 21, 2003. Committee Bill (Formerly House Study Bill 315), relating to ethanol blended gasoline tax credits, and providing for its retroactive applicability, refunds, and an effective date. Fiscal note is not required. Recommended Amend and Do Pass April 21, 2003.

AMENDMENTS FILED

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

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=80&hbill=HSB314

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=80&hbill=HSB315








H–1374 S.F. 445 Tymeson of Madison H–1375 H.F. 663 Tymeson of Madison H–1376 S.F. 445 Hogg of Linn H–1377 S.F. 445 Hogg of Linn H–1378 H.F. 679 Lukan of Dubuque` H–1379 H.F. 584 Miller of Webster H–1380 H.F. 454 Senate Amendment H–1381 S.F. 422 Baudler of Adair H–1382 H.F. 400 Senate Amendment H–1383 H.F. 457 Senate Amendment On motion by Gipp of Winneshiek the House adjourned at 6:18 p.m., until 8:45 a.m., Tuesday, April 22, 2003.





















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