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Eighty-first Calendar Day - Fifty-fifth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 2, 1998 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Lindsay Watkins, Trinity Lutheran Church, Boone. The Journal of Wednesday, April 1, 1998 was approved. SENATE MESSAGE CONSIDERED Senate File 2415, by committee on appropriations, a bill for an act relating to agricultural finance, providing an appropriation, and providing an effective date. Read first time and referred to committee on appropriations. CONSIDERATION OF BILLS Ways and Means Calendar House File 2541, a bill for an act relating to the use tax exemption for vehicles used substantially in interstate commerce, was taken up for consideration. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2541) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Boddicker Ford Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2542, a bill for an act regulating bulk dry animal nutrient products, providing for fees and an appropriation, providing penalties, and providing for an effective date, 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?" (H.F. 2542) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Boddicker Ford The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar Senate File 2170, a bill for an act relating to licensing sanctions against individuals who default on debt owed to or collected by the college student aid commission, with report of committee recommending passage, was taken up for consideration. Nelson of Marshall 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. 2170) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Doderer Absent or not voting, 2: Boddicker Ford The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2441 WITHDRAWN Drake of Pottawattamie asked and received unanimous consent to withdraw House File 2441 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2541, 2542 and Senate File 2170. Senate File 2186, a bill for an act relating to the validity and enforceability in Iowa of an advance directive document executed by a veteran of the armed forces, with report of committee recommending passage, was taken up for consideration. Kremer of Buchanan 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. 2186) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Boddicker Ford Greig Osterhaus The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2329, a bill for an act expanding the compensation available from the crime victim compensation program to victims of crime and their families, with report of committee recommending passage, was taken up for consideration. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-8722 filed by him on March 25, 1998. Veenstra of Sioux offered the following amendment H-8738 filed by him and Huser of Polk and moved its adoption: H-8738 1 Amend Senate File 2329, as passed by the Senate, as 2 follows: 3 1. Page 2, by inserting after line 24, the 4 following: 5 "Sec. ___. PREVAILING AMENDMENTS AND CODE EDITOR 6 DIRECTIVE. 7 1. Any amendments to section 232A.4, section 8 232.28, subsections 10 and 11, sections 232.28A, 9 709.10, and 709.17, section 904.108, subsection 6, and 10 chapters 709B, 910A, and 912, Code and Code 11 Supplement, enacted in any Acts of the Seventy-seventh 12 General Assembly, 1998 Session, shall prevail over the 13 repeal of those provisions in 1998 Iowa Acts, House 14 File 2527, as the reenactment of those provisions in 15 new Code chapter 915 in that Act is intended to be a 16 continuation of the prior statutes but is not intended 17 to preclude further amendment of those provisions. 18 2. The Code editor is therefore directed to apply 19 and harmonize any amendments enacted during the 1998 20 Session of the Seventy-seventh General Assembly to 21 section 232A.4, section 232.28, subsections 10 and 11, 22 sections 232.28A, 709.10, and 709.17, section 904.108, 23 subsection 6, and chapters 709B, 910A, and 912, Code 24 and Code Supplement, to the appropriate corresponding 25 provisions of new Code chapter 915, as enacted in 1998 26 Iowa Acts, House File 2527. 27 3. If amendments in other 1998 Iowa Acts to any of 28 the repealed sections and chapters or partially 29 stricken sections cannot easily be applied and 30 harmonized to corresponding provisions in new Code 31 chapter 915, the amendments may be included in a Code 32 editor's bill to be submitted to the general assembly 33 which convenes in January 1999. 34 4. Notwithstanding subsection 1, the repeal of 35 section 232.28A in section 81 of 1998 Iowa Acts, House 36 File 2527, is intended to prevail over the amendment 37 of section 232.28A in section 62 of that Act." 38 2. Title page, line 1, by inserting after the 39 word "Act" the following: "relating to crime victims, 40 by". 41 3. Title page, line 2, by inserting after the 42 word "families" the following: "and providing a Code 43 editor directive". 44 4. By renumbering as necessary. Amendment H-8738 was adopted. Veenstra of Sioux moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2329) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Boddicker Ford Larson Meyer The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Senate File 2353, a bill for an act relating to an allocation of state aid for purposes of school-based youth services programs, with report of committee recommending amendment and passage, was taken up for consideration. Grundberg of Polk offered the following amendment H-8503 filed by the committee on education and moved its adoption: H-8503 1 Amend Senate File 2353, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 4, by striking the figure "2002" 4 and inserting the following: "2000". 5 2. Page 1, line 9, by striking the figure "2002" 6 and inserting the following: "2000". 7 3. Page 1, line 21, by striking the figure "2002" 8 and inserting the following: "2000". The committee amendment H-8503 was adopted. Brand of Tama offered the following amendment H-8639 filed by Brand, et al., and moved its adoption: H-8639 1 Amend Senate File 2353, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 279.51, subsection 1, 6 unnumbered paragraph 1, Code Supplement 1997, is 7 amended to read as follows: 8 There is appropriated from the general fund of the 9 state to the department of education for the fiscal 10 year beginning July 1, 1997, and each succeeding 11 fiscal year, the sum offifteeneighteen millionone12hundredseventy thousand dollars." 13 2. Page 1, line 4, by striking the word "two" and 14 inserting the following: "twofive". 15 3. Page 1, line 5, by striking the word "eight" 16 and inserting the following: "eightseven". Roll call was requested by Brand of Tama and Grundberg of Polk. On the question "Shall amendment H-8639 be adopted?" (S.F. 2353) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Boddicker Dolecheck Ford Amendment H-8639 lost. Huser of Polk asked and received unanimous consent to withdraw amendment H-8598 filed by her on March 23, 1998. Huser of Polk offered the following amendment H-8871 filed by her from the floor and moved its adoption: H-8871 1 Amend Senate File 2353, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 1 and 2 and 4 inserting the following: 5 "Sec. ___. Section 279.51, subsection 1, paragraph 6 c, Code Supplement 1997, is amended to read as 7 follows:" 8 2. Page 1, by striking lines 13 through 15 and 9 inserting the following: "organizations and agencies. 10A school that received a grant during the fiscal year11beginning July 1, 1993, is ineligible to receive a12grant under this paragraph." 13 3. Page 1, by striking lines 19 through 27 and 14 inserting the following: 15 "Sec. ___. Section 279.51, subsection 1, paragraph 16 e, Code Supplement 1997, is amended by striking the 17 paragraph." 18 4. By renumbering as necessary. Amendment H-8871 lost. Grundberg of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2353) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boggess Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 2: Garman Huser Absent or not voting, 3: Boddicker Bradley Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 2186, 2329 and 2353. Senate File 2201, a bill for an act relating to security for damages arising from the abandonment of natural gas pipelines, with report of committee recommending passage, was taken up for consideration. Dix of Butler 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. 2201) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Boddicker The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2201 be immediately messaged to the Senate. Ways and Means Calendar House File 2513, a bill for an act relating to the individual income tax by eliminating the taxation of certain capital gains and providing special treatment of gains from the sales of businesses to descendants, increasing the amount of pension income excluded, increasing certain personal exemption tax credits, and increasing and expanding the tuition and textbook tax credit, exempting sales and services to certain nonprofit hospitals from the sales, services, and use taxes, and relating to the income eligibility requirements for the homestead property tax credit, mobile home tax credit, or reimbursement for rent constituting property taxes paid, and including effective and prospective and retroactive applicability date provisions, was taken up for consideration. The House stood at ease at 10:30 a.m., until the fall of the gavel. The House resumed session at 12:25 p.m., Veenstra of Sioux in the chair. Brunkhorst of Bremer asked and received unanimous consent that House File 2513 be deferred and that the bill retain its place on the calendar. On motion by Brunkhorst of Bremer, the House was recessed at 12:25 p.m., until 1:15 p.m. AFTERNOON SESSION The House reconvened at 1:30 p.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-eight members present, thirty-two absent. RULE 4 SUSPENDED Schrader of Marion asked and received unanimous consent to suspend Rule 4 for the temporary filming of an IP-TV documentary. The House stood at ease at 1:42 p.m., until the fall of the gavel. The House resumed session and consideration of House File 2513 (previously deferred) at 1:50 p.m., Speaker Corbett in the chair. Shoultz of Black Hawk offered the following amendment H-8411 filed by Shoultz, et al., and moved its adoption: H-8411 1 Amend House File 2513 as follows: 2 1. By striking page 1, line 2, through page 2, 3 line 8, and inserting the following: 4 "DEPENDENT CREDIT 5 Section 1. Section 422.12, subsection 1, paragraph 6 c, Code 1997, is amended to read as follows: 7 c. For each dependent, an additionalfortyseventy 8 dollars. As used in this section, the term 9 "dependent" has the same meaning as provided by the 10 Internal Revenue Code." 11 2. Title page, by striking lines 1 through 3 and 12 inserting the following: "An Act relating to the 13 individual income tax by increasing the dependent 14 credit,". 15 3. Title page, line 4, by striking the word 16 "descendants,". Roll call was requested by Shoultz of Black Hawk and Siegrist of Pottawattamie. On the question "Shall amendment H-8411 be adopted?" (H.F. 2513) The ayes were, 27: Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Connors Doderer Dotzler Fallon Foege Holveck Jochum Kinzer Koenigs Mascher Moreland Murphy Myers Osterhaus Richardson Schrader Shoultz Taylor Warnstadt Whitead The nays were, 72: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cohoon Cormack Dinkla Dix Dolecheck Drake Drees Eddie Falck Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin May Mertz Metcalf Meyer Millage Mundie Nelson O'Brien Rants Rayhons Reynolds-Knight Scherrman Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett Absent or not voting, 1: Ford Amendment H-8411 lost. Bernau of Story asked and received unanimous consent that amendment H-8879 be deferred. Weigel of Chickasaw offered the following amendment H-8849 filed by him and moved its adoption: H-8849 1 Amend House File 2513 as follows: 2 1. By striking page 2, line 17, through page 3, 3 line 8, and inserting the following: 4 "34. For a person who is disabled, or is fifty- 5 five years of age or older, or is the surviving spouse 6 of an individual or a survivor having an insurable 7 interest in an individual who would have qualified for 8 the exemption under this subsection for the tax year, 9 subtract, to the extent included, the total amount of 10 a governmental or other pension or retirement pay, 11 including, but not limited to, defined benefit or 12 defined contribution plans, annuities, individual 13 retirement accounts, plans maintained or contributed 14 to by an employer, or maintained or contributed to by 15 a self-employed person as an employer, and deferred 16 compensation plans or any earnings attributable to the 17 deferred compensation plans, up to a maximum ofthree18 five thousand five hundred dollars for a person who 19 files a separate state income tax return and up to a 20 maximum ofsixeleven thousand dollars for a husband 21 and wife who file a joint state income tax return. 22 However, a surviving spouse who is not disabled or 23 fifty-five years of age or older can only exclude the 24 amount of pension or retirement pay received as a 25 result of the death of the other spouse." A non-record roll call was requested. The ayes were 29, nays 45. Carroll of Poweshiek in the chair at 2:35 p.m. Amendment H-8849 lost. Jenkins of Black Hawk asked and received unanimous consent to withdraw amendment H-8211 filed by him and Greig of Emmet on March 4, 1998. Richardson of Warren offered the following amendment H-8384 filed by him and Fallon of Polk and moved its adoption: H-8384 1 Amend House File 2513 as follows: 2 1. Page 3, line 28, by striking the words "ten3 twenty-five" and inserting the following: "ten". A non-record roll call was requested. The ayes were 19, nays 58. Amendment H-8384 lost. Richardson of Warren asked and received unanimous consent to withdraw amendment H-8486 filed by him on March 18, 1998. Grundberg of Polk offered the following amendment H-8875 filed by her from the floor and moved its adoption: H-8875 1 Amend House File 2513 as follows: 2 1. Page 4, line 29, by striking the word 3 "However,". 4 2. Page 4, by striking lines 30 through 32. Amendment H-8875 was adopted. Richardson of Warren offered amendment H-8385 filed by him as follows: H-8385 1 Amend House File 2513 as follows: 2 1. Page 4, by striking lines 1 through 29 and 3 inserting the following: "216. As used in this 4 subsection, "textbooks" means books, necessary school 5 supplies, and other instructional materials, eye and 6 ear protective devices, and equipment used in 7 elementary and secondary schools, including summer 8 school, in teaching only those subjects legally and 9 commonly taught in public elementary and secondary 10 schools, including drivers education, in this state 11 and does not include instructional books and materials 12 used in the teaching of religious tenets, doctrines, 13 or worship, the purpose of which is to inculcate those 14 tenets, doctrines, or worship, and does not include 15 books or materials for extracurricular activities 16 including sporting events, musical or dramatic events, 17 speech activities,driver's education,or programs of 18 a similar nature. Notwithstanding any other 19 provision, all other credits allowed under this 20 section and section 422.12B shall be deducted before 21 the tuition credit under this subsection. The 22 department, when conducting an audit of a taxpayer's 23 return, shall also audit the tuition tax credit 24 portion of the tax return. 25 As used in this subsection, "tuition" means any 26 charges for the expenses of personnel, buildings, 27 equipment and materials other than textbooks, summer 28 school tuition, drivers education instructional fees, 29 necessary school supplies, eye and ear protective 30 devices, transportation costs pursuant to section 31 285.5, and other expenses of elementary or secondary 32 schools which relate to the teaching only of those 33 subjects legally and commonly taught in public 34 elementary and secondary schools in this state and 35 which do not relate to the teaching of religious 36 tenets, doctrines, or worship, the purpose of which is 37 to inculcate those tenets, doctrines, or worship, and 38 which do not relate to extracurricular activities 39 including sporting events, musical or dramatic events, 40 speech activities,driver's education,or programs of 41 a similar nature. However,". Grundberg of Polk offered the following amendment H-8877, to amendment H-8385, filed by her from the floor and moved its adoption: H-8877 1 Amend the amendment, H-8385, to House File 2513, as 2 follows: 3 1. Page 1, line 2, by striking the figure "29" 4 and inserting the following: "32". 5 2. Page 1, line 41, by striking the word 6 "However,". Amendment H-8877 was adopted. Richardson of Warren moved the adoption of amendment H-8385, as amended. Amendment H-8385 lost. Doderer of Johnson offered amendment H-8293 filed by Doderer, et al., as follows: H-8293 1 Amend House File 2513 as follows: 2 1. Page 5, line 2, by inserting after the word 3 "HOSPITALS" the following: "AND MASSAGE THERAPISTS". 4 2. Page 5, by inserting after line 2 the 5 following: 6 "Sec. ___. Section 422.43, subsection 11, 7 unnumbered paragraph 1, Code Supplement 1997, is 8 amended to read as follows: 9 The following enumerated services are subject to 10 the tax imposed on gross taxable services: alteration 11 and garment repair; armored car; vehicle repair; 12 battery, tire, and allied; investment counseling; 13 service charges of all financial institutions; barber 14 and beauty; boat repair; vehicle wash and wax; 15 carpentry; roof, shingle, and glass repair; dance 16 schools and dance studios; dating services; dry 17 cleaning, pressing, dyeing, and laundering; electrical 18 and electronic repair and installation; rental of 19 tangible personal property, except mobile homes which 20 are tangible personal property; excavating and 21 grading; farm implement repair of all kinds; flying 22 service; furniture, rug, upholstery repair and 23 cleaning; fur storage and repair; golf and country 24 clubs and all commercial recreation; house and 25 building moving; household appliance, television, and 26 radio repair; jewelry and watch repair; limousine 27 service, including driver; machine operator; machine 28 repair of all kinds; motor repair; motorcycle, 29 scooter, and bicycle repair; oilers and lubricators; 30 office and business machine repair; painting, 31 papering, and interior decorating; parking facilities; 32 pipe fitting and plumbing; wood preparation; licensed 33 executive search agencies; private employment 34 agencies, excluding services for placing a person in 35 employment where the principal place of employment of 36 that person is to be located outside of the state; 37 sewage services for nonresidential commercial 38 operations; sewing and stitching; shoe repair and 39 shoeshine; sign construction and installation; storage 40 of household goods, mini-storage, and warehousing of 41 raw agricultural products; swimming pool cleaning and 42 maintenance; taxidermy services; telephone answering 43 service; test laboratories, including mobile testing 44 laboratories and field testing by testing 45 laboratories, and excluding tests on humans or 46 animals; termite, bug, roach, and pest eradicators; 47 tin and sheet metal repair; turkish baths, massage, 48 and reducing salons, excluding services provided by 49 massage therapists licensed under chapter 152C; 50 weighing; welding; well drilling; wrapping, packing, Page 2 1 and packaging of merchandise other than processed 2 meat, fish, fowl and vegetables; wrecking service; 3 wrecker and towing; pay television; campgrounds; 4 carpet and upholstery cleaning; gun and camera repair; 5 janitorial and building maintenance or cleaning; lawn 6 care, landscaping and tree trimming and removal; pet 7 grooming; reflexology; security and detective 8 services; tanning beds or salons; and water 9 conditioning and softening." 10 3. Title page, line 7, by inserting after the 11 word "hospitals" the following: "and services 12 provided by licensed massage therapists". 13 4. By renumbering as necessary. Chapman of Linn offered the following amendment H-8876, to amendment H-8293, filed by her and Doderer of Johnson from the floor and moved its adoption: H-8876 1 Amend the amendment, H-8293, to House File 2513 as 2 follows: 3 1. Page 1, line 49, by inserting after the figure 4 "152C" the following: "if such services are 5 prescribed by a licensed physician". Amendment H-8876 was adopted. Doderer of Johnson moved the adoption of amendment H-8293, as amended. A non-record roll call was requested. The ayes were 46, nays 47. Amendment H-8293 lost. Jochum of Dubuque offered the following amendment H-8292 filed by Jochum, et al., and moved its adoption: H-8292 1 Amend House File 2513 as follows; 2 1. Page 5, line 9, by inserting after the word 3 "hospital" the following: "or to a nonprofit nursing 4 facility licensed pursuant to chapter 135C to be used 5 in the operation of the nursing facility". 6 2. Title page, line 7, by inserting after the 7 word "hospitals" the following: "and nursing 8 facilities". A non-record roll call was requested. The ayes were 43, nays 52. Amendment H-8292 lost. Osterhaus of Jackson asked and received unanimous consent to withdraw amendment H-8376 and amendment H-8375 filed by him on March 12, 1998. Myers of Johnson offered amendment H-8814 filed by him as follows: H-8814 1 Amend House File 2513 as follows: 2 1. Page 5, by inserting after line 9 the 3 following: 4 "DIVISION ___ 5 HAGGE REFUND 6 Sec. ___. Section 422.73, Code 1997, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION. 3. Notwithstanding subsection 2, 9 a claim for refund of individual income tax paid for 10 any tax year beginning on or after January 1, 1985, 11 and before January 1, 1989, is considered timely if 12 filed with the department on or before October 31, 13 1998, if the taxpayer's claim is the result of the 14 unconstitutional taxation of federal pension benefits 15 based upon the decision in Davis v. Michigan 16 Department of Treasury, 489 U.S. 803, 109 S. Ct. 1500 17 (1989). 18 A taxpayer entitled to a refund of tax paid under 19 this subsection shall receive an amount equal to one 20 hundred percent of the refund without interest. The 21 claim for refund shall be filed separate from any 22 income tax return and shall not be allowed as a credit 23 for income taxes owed. A claim shall be filed between 24 the effective date of this division of this Act and 25 October 31, 1998. An extension for filing shall not 26 be allowed and claims disallowed on the basis of 27 timeliness shall not be allowed upon appeal to any 28 other state agency notwithstanding any other provision 29 of law. 30 The claim for refund shall be made on claim forms 31 to be made available by the department. In order for 32 a taxpayer to have a valid refund claim, the taxpayer 33 must supply legible copies of documents the director 34 deems necessary to show entitlement to the refund, 35 including but not limited to income tax forms and W-2P 36 forms, which will establish the state income tax that 37 was paid on the federal pension benefits for the tax 38 years in question. The burden of proof is on the 39 taxpayer to show that the claim for refund is valid. 40 Estates are not entitled to file a claim for refund 41 under this subsection, except a spouse of a deceased 42 taxpayer who was the spouse of the taxpayer when the 43 unconstitutional tax was imposed may file a claim for 44 refund without reopening the deceased taxpayer's 45 estate. If a taxpayer has filed a claim under this 46 subsection and subsequently dies before receipt of the 47 refund, the taxpayer's estate is entitled to receipt 48 of any valid refund claim. 49 The department shall make a reasonable attempt to 50 notify individuals who are entitled to a refund under Page 2 1 this subsection. 2 Sec. ___. EFFECTIVE DATE. This division of this 3 Act, being deemed of immediate importance, takes 4 effect upon enactment." 5 2. Title page, line 5, by inserting after the 6 word "credits," the following: "allowing certain tax 7 refunds for income tax paid on federal pension 8 benefits,". Blodgett of Cerro Gordo rose on a point of order that amendment H-8814 was not germane. The Speaker ruled the point well taken and amendment H-8814 not germane. Myers of Johnson moved to suspend the rules to consider amendment H-8814. Roll call was requested by Myers of Johnson and Schrader of Marion. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-8814?" (H.F. 2513) The ayes were, 49: Arnold Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Lamberti Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Van Fossen Warnstadt Weigel Whitead Wise Witt The nays were, 49: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Larson Lord Martin Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Carroll, Presiding Absent or not voting, 2: Nelson Thomson The motion to suspend the rules lost. Shoultz of Black Hawk offered amendment H-8848 filed by Shoultz, et al., as follows: H-8848 1 Amend House File 2513 as follows: 2 1. Page 8, by inserting after line 32 the 3 following: 4 "Sec. ___. Section 425.40, Code Supplement 1997, 5 is amended by striking the section and inserting in 6 lieu thereof the following: 7 425.40 LOW-INCOME FUND CREATED - APPROPRIATION. 8 The low-income tax credit and reimbursement fund is 9 created. There is appropriated annually from the 10 general fund of the state to the department of revenue 11 and finance to be credited to the low-income tax 12 credit and reimbursement fund, from funds not 13 otherwise appropriated, an amount sufficient to 14 implement this division for claimants described in 15 section 425.17, subsection 2, paragraph "b"." Blodgett of Cerro Gordo rose on a point of order that amendment H-8848 was not germane. The Speaker ruled the point well taken and amendment H-8848 not germane. Schrader of Marion moved to suspend the rules to consider amendment H-8848. Roll call was requested by Schrader of Marion and Myers of Johnson. On the question "Shall the rules be suspended to consider amendment H-8848?" (H.F. 2513) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Carroll, Presiding Absent or not voting, 1: Nelson The motion to suspend the rules lost. Schrader of Marion asked and received unanimous consent that amendment H-8397 be deferred. Doderer of Johnson offered amendment H-8516 filed by Doderer, et al., as follows: H-8516 1 Amend House File 2513 as follows: 2 1. Page 9, by inserting after line 35 the 3 following: 4 "DIVISION ___ 5 NET INCOME EXCLUSION AND CIGARETTE 6 TAX INCREASE 7 Sec. 100. Section 422.5, subsections 2 and 8, Code 8 Supplement 1997, are amended to read as follows: 9 2. However, the tax shall not be imposed on a 10 resident or nonresident whose net income, as defined 11 in section 422.7, isthirteensixteen thousandfive12 eight hundred seventy-five dollars or less in the case 13 of married persons filing jointly or filing separately 14 on a combined return, unmarried heads of household, 15 and surviving spouses ornineeleven thousand two 16 hundred fifty dollars or less in the case of all other 17 persons; but in the event that the payment of tax 18 under this division would reduce the net income to 19 less thanthirteensixteen thousandfiveeight hundred 20 seventy-five dollars ornineeleven thousand two 21 hundred fifty dollars as applicable, then the tax 22 shall be reduced to that amount which would result in 23 allowing the taxpayer to retain a net income of 24thirteensixteen thousandfiveeight hundred seventy- 25 five dollars ornineeleven thousand two hundred fifty 26 dollars as applicable. The preceding sentence does 27 not apply to estates or trusts. For the purpose of 28 this subsection, the entire net income, including any 29 part of the net income not allocated to Iowa, shall be 30 taken into account. For purposes of this subsection, 31 net income includes all amounts of pensions or other 32 retirement income received from any source which is 33 not taxable under this division as a result of the 34 government pension exclusions in section 422.7, or any 35 other state law. If the combined net income of a 36 husband and wife exceedsthirteensixteen thousand 37fiveeight hundred seventy-five dollars, neither of 38 them shall receive the benefit of this subsection, and 39 it is immaterial whether they file a joint return or 40 separate returns. However, if a husband and wife file 41 separate returns and have a combined net income of 42thirteensixteen thousandfiveeight hundred seventy- 43 five dollars or less, neither spouse shall receive the 44 benefit of this paragraph, if one spouse has a net 45 operating loss and elects to carry back or carry 46 forward the loss as provided in section 422.9, 47 subsection 3. A person who is claimed as a dependent 48 by another person as defined in section 422.12 shall 49 not receive the benefit of this subsection if the 50 person claiming the dependent has net income exceeding Page 2 1thirteensixteen thousandfiveeight hundred seventy- 2 five dollars ornineeleven thousand two hundred fifty 3 dollars as applicable or the person claiming the 4 dependent and the person's spouse have combined net 5 income exceedingthirteensixteen thousandfiveeight 6 hundred seventy-five dollars ornineeleven thousand 7 two hundred fifty dollars as applicable. 8 In addition, if the married persons', filing 9 jointly or filing separately on a combined return, 10 unmarried head of household's, or surviving spouse's 11 net income exceedsthirteensixteen thousandfive12 eight hundred seventy-five dollars, the regular tax 13 imposed under this division shall be the lesser of the 14 maximum state individual income tax rate times the 15 portion of the net income in excess ofthirteen16 sixteen thousandfiveeight hundred seventy-five 17 dollars or the regular tax liability computed without 18 regard to this sentence. Taxpayers electing to file 19 separately shall compute the alternate tax described 20 in this paragraph using the total net income of the 21 husband and wife. The alternate tax described in this 22 paragraph does not apply if one spouse elects to carry 23 back or carry forward the loss as provided in section 24 422.9, subsection 3. 25 8. In addition to the other taxes imposed by this 26 section, a tax is imposed on the amount of a lump sum 27 distribution for which the taxpayer has elected under 28 section 402(e) of the Internal Revenue Code to be 29 separately taxed for federal income tax purposes for 30 the tax year. The rate of tax is equal to twenty-five 31 percent of the separate federal tax imposed on the 32 amount of the lump sum distribution. A nonresident is 33 liable for this tax only on that portion of the lump 34 sum distribution allocable to Iowa. The total amount 35 of the lump sum distribution subject to separate 36 federal tax shall be included in net income for 37 purposes of determining eligibility under thethirteen38 sixteen thousandfiveeight hundred seventy-five 39 dollar or less ornineeleven thousand two hundred 40 fifty dollar or less exclusion, as applicable. 41 Sec. ___. Section 453A.6, subsection 1, Code 1997, 42 is amended to read as follows: 43 1. There is imposed, and shall be collected and 44 paid to the department, the following taxes on all 45 cigarettes used or otherwise disposed of in this state 46 for any purpose whatsoever: 47 CLASS A. On cigarettes weighing not more than 48 three pounds per thousand,eighteen millsthree cents 49 on each such cigarette. 50 CLASS B. On cigarettes weighing more than three Page 3 1 pounds per thousand,eighteen millsthree cents on 2 each such cigarette. 3 Sec. ___. APPLICABILITY. Section 100 of this 4 division applies retroactively to January 1, 1998, for 5 tax years beginning on or after that date." 6 2. Title page, line 5, by inserting after the 7 word "credits," the following: "increasing the net 8 income exclusion amount,". 9 3. Title page, line 8, by inserting after the 10 word "taxes," the following: "relating to an increase 11 in the cigarette tax rate,". Greig of Emmet rose on a point of order that amendment H-8516 was not germane. The Speaker ruled the point well taken and amendment H-8516 not germane. Jochum of Dubuque offered amendment H-8865 filed by Jochum, et. al., as follows: H-8865 1 Amend House File 2513 as follows: 2 1. Page 9, by inserting after line 35 the 3 following: 4 "DIVISION ___ 5 MILITARY TAX EXEMPTION 6 Sec. ___. Section 25B.7, subsection 2, paragraph 7 c, Code Supplement 1997, is amended to read as 8 follows: 9 c. Military service property tax credit and 10 exemption pursuant to chapter 426A and sections 427.3 11 through 427.7, to the extent of six dollars and12seventy-five cents per thousand dollars of assessed13value of the exempt property. 14 Sec. ___. Section 426A.2, Code 1997, is amended to 15 read as follows: 16 426A.2 MILITARY SERVICE TAX CREDIT. 17 The moneys shall be apportioned each year so as to 18 replace allor a portionof the tax which would be due 19 on property eligible for military service tax 20 exemption in the state, if the property were subject 21 to taxation, the amount of the credit to be not more22than six dollars and seventy-five cents per thousand23dollars of assessed value of property which would be24subject to the tax, except for the military service25tax exemption. 26 Sec. ___. Section 426A.5, Code 1997, is amended to 27 read as follows: 28 426A.5PROPORTIONATESHARES TO DISTRICTS. 29 The amount of credits received under this chapter 30 shall then be apportioned by each county treasurer to 31 the several taxing districts in the same manner as 32 though the amount of the credit had been paid by the 33 owner of the property receiving the credit. Each 34 taxing district shall receive itsproportionateshare 35 of the military service tax credit allowed on each and 36 every tax exemption allowed insuchthe taxing 37 district, in the proportion that the levy made by such38taxing district upon general property bears to the39total levy upon all property subject to general40property taxation by all taxing districts imposing a41general property tax in such taxing districtbased 42 upon the amount of property taxes which would be due 43 on the property receiving the credit, if the property 44 were subject to taxation. 45 Sec. ___. This division of this Act, being deemed 46 of immediate importance, takes effect upon enactment 47 and applies to the military service property tax 48 exemption allowed for property taxes due and payable 49 during fiscal years beginning on or after July 1, 50 1998." Page 2 1 2. Page 10, by inserting before line 1 the 2 following: 3 "DIVISION ___ 4 DEFINITION OF VETERAN FOR PROPERTY TAX EXEMPTION 5 Sec. ___. Section 427.3, subsections 1 and 2, Code 6 1997, are amended to read as follows: 7 1. The property, not to exceed two thousand seven 8 hundred seventy-eight dollars in taxable value of any 9honorably discharged soldier, sailor, marine, or nurse10 veteran, as defined in subsection 3, of the first 11 World War. 12 2. The property, not to exceed one thousand eight 13 hundred fifty-two dollars in taxable value of an 14 honorably separated, retired, furloughed to a reserve, 15 placed on inactive status, or dischargedsoldier,16sailor, marine, or nurse of the second World War from17December 7, 1941, to December 31, 1946, army of18occupation in Germany from November 12, 1918, to July1911, 1923, American expeditionary forces in Siberia20from November 12, 1918, to April 30, 1920, second21Nicaraguan campaign with the navy or marines in22Nicaragua or on combatant ships 1926-1933, second23Haitian suppression of insurrections 1919-1920, navy24and marine operations in China 1937-1939 and Yangtze25service with navy and marines in Shanghai or in the26Yangtze Valley 1926-1927 and 1930-1932 or of the27Korean Conflict at any time between June 25, 1950, and28January 31, 1955, both dates inclusive, or those who29served on active duty during the Vietnam Conflict30beginning December 22, 1961, and ending May 7, 1975,31both dates inclusive, or those who served on active32duty during the Persian Gulf Conflict at any time33between August 2, 1990, and the date the president or34the Congress of the United States declares a permanent35cessation of hostilities, both dates inclusive36 veteran, as defined in subsection 3.However, if37Congress enacts a date different from August 2, 1990,38as the beginning of the Persian Gulf Conflict for39purposes of determining whether a veteran is entitled40to receive military benefits as a veteran of the41Persian Gulf Conflict, that date shall be substituted42for August 2, 1990. For the purposes of this section,43"active duty" means full-time duty in the armed forces44of the United States, excluding active duty for45training purposes only and excluding any period a46person was assigned by the armed forces to a civilian47institution for a course of education or training48which was substantially the same as established49courses offered to civilians, or as a cadet or50midshipman, however enrolled, at one of the servicePage 3 1academies.2 Sec. ___. Section 427.3, subsection 3, Code 1997, 3 is amended by striking the subsection and inserting 4 the following: 5 As used in sections 427.3 through 427.7, "veteran" 6 means a resident of this state who served in the armed 7 forces of the United States and who was discharged 8 under honorable conditions. "Veteran" includes the 9 following persons: 10 a. Former members of the reserve forces of the 11 United States who served at least twenty years in the 12 reserve forces after January 28, 1973, and who were 13 discharged under honorable conditions. However, a 14 member of the reserve forces of the United States who 15 completed a minimum aggregate of ninety days of active 16 federal service, other than training, and was 17 discharged under honorable conditions, or was retired 18 under Title X of the United States Code shall be 19 included as a veteran. 20 b. Former members of the Iowa national guard who 21 served at least twenty years in the Iowa national 22 guard after January 28, 1973, and who were discharged 23 under honorable conditions. However, a member of the 24 Iowa national guard who was activated for federal 25 duty, other than training, for a minimum aggregate of 26 ninety days, and was discharged under honorable 27 conditions or was retired under Title X of the United 28 States Code shall be included as a veteran. 29 c. Former members of the active, oceangoing 30 merchant marines who served during World War II at any 31 time between December 7, 1941, and December 31, 1946, 32 both dates inclusive, who were discharged under 33 honorable conditions. 34 d. Former members of the women's air force service 35 pilots and other persons who have been conferred 36 veterans status based on their civilian duties during 37 World War II in accordance with federal Pub. L. No. 38 95-202, 38 U.S.C. "/g" 106. 39 Sec. ___. Section 427.4, Code 1997, is amended to 40 read as follows: 41 427.4 EXEMPTIONS TO RELATIVES. 42 In case any person in the foregoing classifications 43 does not claimany suchthe exemption from taxation, 44 it shall be allowed in the name ofsuchthe person to 45 the same extent on the property of any one of the 46 following persons in the order named: 47 1. The spouse, or surviving spouse remaining 48 unmarried, ofany such soldier, sailor, marine, or49nursea veteran, as defined in section 427.3, where 50 they are living together or were living together at Page 4 1 the time of the death ofsuch personthe veteran. 2 2. The parent whose spouse is deceased and who 3 remains unmarried, ofany such soldier, sailor,4marine, or nursea veteran, as defined in section 5 427.3, whether living or deceased, wheresuchthe 6 parent is, or was at the time of death of thesoldier,7sailor, marine, or nurseveteran, dependent onsuch8personthe veteran for support. 9 3. The minor child, or children owning property as 10 tenants in common, ofany sucha deceasedsoldier,11sailor, marine, or nurseveteran, as defined in 12 section 427.3. 13 No more than one tax exemption shall be allowed 14 under this section or section 427.3 in the name ofany15honorably discharged soldier, sailor, marine, or nurse16 a veteran, as defined in section 427.3. 17 Sec. ___. This division of this Act, being deemed 18 of immediate importance, takes effect upon enactment 19 and applies to the military service property tax 20 exemption allowed for property taxes due and payable 21 during fiscal years beginning on or after July 1, 22 1998." 23 3. Title page, line 11, by inserting after the 24 word "paid," the following: "and increasing state 25 reimbursement for the military tax exemption,". 26 4. Title page, line 11, by inserting before the 27 words "and including" the following: "and expanding 28 the definition of veteran for purposes of the military 29 tax exemption,". Greig of Emmet rose on a point of order that amendment H-8865 was not germane. The Speaker ruled the point well taken and amendment H-8865 not germane. Jochum of Dubuque asked for unanimous consent to suspend the rules to consider amendment H-8865. Objection was raised. Jochum of Dubuque moved to suspend the rules to consider amendment H-8865. Roll call was requested by Jochum of Dubuque and Schrader of Marion. On the question "Shall the rules be suspended to consider amendment H-8865?" (H.F. 2513) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Larson Lord Martin Metcalf Meyer Millage Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Carroll, Presiding Absent or not voting, 3: Lamberti Nelson Van Fossen The motion to suspend the rules lost. Witt of Black Hawk offered the following amendment H-8880 filed by him from the floor and moved its adoption: H-8880 1 Amend House File 2513 as follows: 2 1. Page 1, line 27, by striking the words ", "c", 3 and "d"" and inserting the following: "and "c"". 4 2. Page 1, by inserting after line 35 the 5 following: 6 "Sec. ___. Section 422.7, subsection 21, paragraph 7 d, Code Supplement 1997, is amended by striking the 8 paragraph." Amendment H-8880 lost. Bernau of Story offered the following amendment H-8879 filed by him from the floor previously deferred, and moved its adoption: H-8879 1 Amend House File 2513 as follows: 2 1. Page 2, line 17, by inserting before the word 3 "For" the following: "a." 4 2. Page 2, line 29, by striking the words "three5 five" and inserting the following: "three". 6 3. Page 2, line 31, by striking the words "six7 ten" and inserting the following: "six". 8 4. Page 2, line 33, by striking the words 9 "However, a" and inserting the following: "However,a10 the maximum amount specified in this paragraph may be 11 increased as provided in paragraph "b". A". 12 5. Page 3, by inserting after line 8 the 13 following: 14 "b. For purposes of this paragraph, "net income" 15 means the net income computed under this section prior 16 to any deduction under this subsection. The maximum 17 amount specified in paragraph "a" may be increased by 18 three thousand dollars for single filers and six 19 thousand dollars for joint filers. Single filers with 20 net incomes of thirty-four thousand dollars or less 21 and joint filers with forty-four thousand dollars or 22 less may receive one hundred percent of the three 23 thousand dollar increase or six thousand dollar 24 increase, respectively. For each additional one 25 thousand dollars, or portion thereof, of net income, 26 the percentage of the appropriate dollar increase 27 specified in this paragraph allowed as a deduction 28 shall be reduced by five percent." Roll call was requested by Bernau of Story and Murphy of Dubuque. On the question "Shall amendment H-8879 be adopted?" (H.F. 2513) The ayes were, 48: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Martin Mascher May Mertz Millage Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Metcalf Meyer Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Carroll, Presiding Absent or not voting, 1: Nelson Amendment H-8879 lost. Richardson of Warren asked and received unanimous consent to withdraw amendment H-8397 filed by him on March 12, 1998. Greig of Emmet 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. 2513) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin May Mertz Metcalf Meyer Millage Moreland Mundie Murphy O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 5: Chapman Doderer Fallon Mascher Myers Absent or not voting, 1: Nelson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2513 be immediately messaged to the Senate. INTRODUCTION OF BILLS House File 2544, by committee on appropriations, a bill for an act relating to the protection of and provision of safe living environments for certain individuals including providing safe assisted living facilities. Read first time and placed on the appropriations calendar. House File 2545, by committee on appropriations, a bill for an act relating to county mental health, mental retardation, and developmental disabilities service funding, allocating an appropriation, and providing effective dates. Read first time and placed on the appropriations 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 2, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2168, a bill for an act relating to the sale of stock or ownership interest of any corporation formed under the Iowa business development finance Act. Also: That the Senate has on April 2, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2175, a bill for an act relating to the creation of, and annexation of property to, a sanitary sewer district. Also: That the Senate has on April 2, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2281, a bill for an act providing for the mandatory recording of certain residential real estate installment sales contracts, providing a penalty, and providing for the Act's applicability. Also: That the Senate has on April 2, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Joint Resolution 2001, a joint resolution relating to the interior renovation of the state capitol and requiring that certain portions be accessible to persons with disabilities, consistent with federal requirements by the year 2002. Also: That the Senate has on April 2, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2023, a bill for an act relating to the issuance of ex-prisoner of war motor vehicle registration plates to surviving spouses. Also: That the Senate has on April 2, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2085, a bill for an act relating to the responsibilities of the department of transportation, including vehicle equipment and parking regulation, postings of highway weight restrictions, and receipt of plans for city street construction. Also: That the Senate has on March 30, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2410, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care, and providing effective dates and an applicability provision. Also: That the Senate has on April 2, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2411, a bill for an act to legalize the transfer of certain property by the joint county system of Black Hawk and Buchanan counties to the Independence community school district, and providing an effective date. MARY PAT GUNDERSON, Secretary EXPLANATION OF VOTE I was necessarily absent from the House chamber on the afternoon of April 1, 1998. Had I been present, I would have voted "aye" on Senate Files 347, 2066, 2330, 2378 and 2400. CATALDO of Polk BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills and resolution 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 2nd day of April, 1998: House Joint Resolution 2003 and House Files 2392, 2402, 2443, 2465 and 2478. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 2, 1998, he approved and transmitted to the Secretary of State the following bills: House File 530, an act concerning assistive devices by requiring a warranty, and providing for replacement of assistive devices and consumer remedies. House File 2292, an act relating to permits for aquifer storage and recovery and making penalties applicable. House File 2429, an act relating to the regulation of physical exercise clubs. House File 2435, an act relating to the entrepreneurs with disabilities program. House File 2438, an act relating to the regulation of commercial feed. House File 2456, an act changing the designation of the judiciary in the Code from the judicial department to the judicial branch. House File 2492, an act relating to drainage districts, by extending the period for financing repairs and improvements. House File 2502, an act relating to the statewide notification center and providing for alternative staff and the information requirements associated with the notice of an excavation. House File 2516, an act providing for mandatory licensure for marital and family therapists and mental health counselors, establishing transition provisions, removing frequency requirements regarding board of behavioral science examiners' meetings, and providing an effective date. Senate File 2324, an act relating to the allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices. Senate File 2341, an act relating to hepatitis type B immunizations of children and providing an applicability provision and an effective date. PROOF OF PUBLICATION (Senate File 2411) Published copy of Senate File 2411 and verified proof of publication of said bill in The Independence Bulletin Journal, a bi-weekly newspaper printed and published in Buchanan County, Iowa on March 25, 1998, was filed with the Chief Clerk of the House prior to the time said bill was placed on passage in the House. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Thirty-two 5th grade students from Cody Elementary, Pleasant Valley, accompanied by Sonia Vogel, Dave Langtimm and Todd Hawley. By Bradley of Clinton. Forty students from Manning High School, Manning, accompanied by Kevin Litterer. By Drees of Carroll. Forty 8th grade students from River Valley Middle School, Quimby, accompanied by Mike Nugent. By Huseman of Cherokee. Twenty-five students from Maquoketa Valley, Delhi, accompanied by Kathy Jurgens, Claudia Keith and Marty Tumey. By Scherrman of Dubuque. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: COLLEGE STUDENT AID COMMISSION The 1996-1997 Annual Report, pursuant to Chapter 7A.4(7), Code of Iowa. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\386 Dr. Robert Larson, Indianola - For receiving the Iowa Arts Award for his work with the Des Moines Metro Opera. 1998\387 Ray and Alta Vander Linden, Monroe - For celebrating their 50th wedding anniversary. 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. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 2280, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8881 April 1, 1998. Senate File 2332, a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8882 April 1, 1998. Committee Bill (Formerly House File 2459), relating to the creation of a certified school to career program, providing refunds for certain wages paid to and amounts held in trust for individuals in the program, making an appropriation and including an effective and applicability date provision. Fiscal Note is not required. Recommended Amend and Do Pass April 2, 1998. Committee Bill (Formerly House File 2511), relating to waste tires and tire-derived fuels. Fiscal Note is not required. Recommended Amend and Do Pass April 2, 1998. Committee Bill (Formerly House File 2519), relating to county mental health, mental retardation, and developmental disabilities service funding, allocating an appropriation, and providing effective dates. Fiscal Note is not required. Recommended Do Pass April 1, 1998. Committee Bill (Formerly House File 2524), establishing the IowAccess system and providing for an appropriation. Fiscal Note is not required. Recommended Amend and Do Pass April 2, 1998. Committee Bill (Formerly House File 2525), relating to the protection of and provision of safe living environments for certain individuals including providing safe assisted living facilities, establishing dependent adult abuse assessment pilot projects, defining terms related to dependent adult abuse, providing a civil penalty for elder dependent adult abuse, and establishing a dependent adult emergency services fund. Fiscal Note is not required. Recommended Amend and Do Pass April 1, 1998. AMENDMENTS FILED H-8868 H.F. 2136 Senate Amendment H-8869 S.F. 187 Klemme of Plymouth H-8870 S.F. 2296 Churchill of Polk H-8872 S.F. 2296 Cormack of Webster H-8873 S.F. 58 Fallon of Polk H-8874 S.F. 187 Dotzler of Black Hawk H-8878 S.F. 58 Dotzler of Black Hawk Foege of Linn H-8881 S.F. 2280 Committee on Appropriations H-8882 S.F. 2332 Committee on Appropriations H-8883 S.F. 2296 Dix of Butler Heaton of Henry H-8884 S.F. 58 Fallon of Polk H-8885 S.F. 187 Klemme of Plymouth H-8886 S.F. 2277 Fallon of Polk Lamberti of Polk Vande Hoef of Osceola Huser of Polk Reynolds-Knight of Van Buren Dotzler of Black Hawk Cormack of Webster H-8887 S.F. 2404 Vande Hoef of Osceola Brunkhorst of Bremer Meyer of Sac H-8888 H.F. 2175 Senate Amendment H-8889 S.F. 2380 Bernau of Story H-8890 S.F. 2380 Brand of Tama H-8891 S.F. 2380 Brand of Tama H-8892 H.F. 2515 Lamberti of Polk Taylor of Linn H-8893 S.F. 2380 Osterhaus of Jackson H-8894 S.F. 2380 Bernau of Story On motion by Siegrist of Pottawattamie, the House adjourned at 7:28 p.m., until 8:45 a.m., Friday, April 3, 1998. Correction to the Journal of April 1, 1998 Page 1181 - Message from the Senate, House File 2136 should be amended and passed by the Senate.
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