House Journal: Monday, March 20, 2000
JOURNAL OF THE HOUSE
Seventy-first Calendar Day - Forty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, March 20, 2000
The House met pursuant to adjournment at 1:16 p.m., Speaker
Siegrist in the chair.
Prayer was offered by Monsignor Gerald Stessman, pastor of Holy
Trinity Catholic Church, Des Moines.
The Journal of Friday, March 17, 2000 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Cub Scouts from Pack 8,
accompanied by James Payton, Cubmaster; Carol Schultes,
committee Chairperson; and Den Leaders, Doug Buchanan and
Marilyn Gibbons. They were the guests of the Honorable Todd Taylor,
state representative from Linn County.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Weidman of Cass on request of Carroll of Poweshiek.
CONSIDERATION OF BILLS
Ways and Means Calendar
Senate File 2089, a bill for an act relating to collection of the
physical plant and equipment property tax levy in certain urban
renewal areas and providing an applicability date, with report of
committee recommending amendment and passage, was taken up for
consideration.
Boal of Polk offered amendment H-8079 filed by the committee on
ways and means as follows:
H-8079
1 Amend Senate File 2089, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 298.3, Code 1999, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 12. Payments to a municipality or
8 other entity as required under section 403.19,
9 subsection 2."
10 2. Page 1, line 19, by inserting after the word
11 "paid" the following: "by the school district".
12 3. Page 1, line 20, by striking the words "county
13 auditor" and inserting the following: "school
14 district by July 1".
15 4. Page 1, line 23, by inserting after the figure
16 "2000." the following: "Such school district shall
17 pay over the amount certified by November 1 following
18 certification to the school district."
19 5. By renumbering as necessary.
Boal of Polk offered the following amendment H-8400, to the
committee amendment H-8079, filed by her from the floor and moved
its adoption:
H-8400
1 Amend the amendment, H-8079, to Senate File 2089,
2 as passed by the Senate, as follows:
3 1. Page 1, by inserting after line 9 the
4 following:
5 " . Page 1, line 18, by inserting after the
6 word "However," the following: "all or a portion of
7 the"."
8 2. Page 1, by striking lines 12 through 14 and
9 inserting the following:
10 " . Page 1, by striking line 20 and inserting
11 the following: "municipality certifies to the school
12 district by July 1 the amount of such levy that is"."
Amendment H-8400 was adopted.
On motion by Boal of Polk the committee amendment H-8079, as
amended, was adopted.
Boal of Polk moved that the bill be read a last time now and placed
upon its passage which motion prevailed and the bill was read a last
time.
On the question "Shall the bill pass?" (S.F. 2089)
The ayes were, 96:
|
Alons | Arnold | Barry | Baudler |
|
Bell | Blodgett | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Brunkhorst |
|
Bukta | Carroll | Cataldo | Chiodo |
|
Cohoon | Connors | Cormack | Davis |
|
Doderer | Dolecheck | Dotzler | Drake |
|
Drees | Eddie | Falck | Fallon |
|
Foege | Frevert | Garman | Gipp |
|
Greimann | Greiner | Grundberg | Hahn |
|
Hansen | Heaton | Hoffman | Holmes |
|
Holveck | Horbach | Houser | Huseman |
|
Huser | Jacobs | Jager | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lord | Martin | May | Mertz |
|
Metcalf | Millage | Mundie | Murphy |
|
Myers | Nelson-Forbes | O'Brien | Osterhaus |
|
Parmenter | Raecker | Rants | Rayhons |
|
Reynolds | Richardson | Scherrman | Schrader |
|
Shey | Shoultz | Stevens | Sukup |
|
Sunderbruch | Taylor, D. | Taylor, T. | Teig |
|
Thomas | Thomson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weigel | Welter |
|
Whitead | Wise | Witt | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, none.
Absent or not voting, 4:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Regular Calendar
Senate File 324, a bill for an act relating to certain franchise
agreements and the rights and responsibilities of the parties under
such agreements, with report of committee recommending
amendment and passage, was taken up for consideration.
Metcalf of Polk offered amendment H-8021 filed by the committee
on commerce and regulation as follows:
H-8021
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 13, line 32, by inserting after the word
4 "franchisee." the following: "a determination of
5 whether the duty of good faith with respect to a new
6 outlet or location has been met shall be made pursuant
7 to the provisions, standards, and procedures in
8 subsection 6.
9 11A. EXCLUSION. For purposes of this section,
10 "franchise" does not include a contract under which a
11 franchise relationship is established with respect to
12 retreaded tires and related equipment used for
13 commercial vehicles."
14 2. Page 14, line 23, by striking the figure
15 "1999" and inserting the following: "2000".
16 3. Page 14, line 24, by striking the figure
17 "1999" and inserting the following: "2000".
18 4. Page 14, line 27, by striking the figure
19 "1999" and inserting the following: "2000".
The House stood at ease at 1:45 p.m., until the fall of the gavel.
The House resumed session at 3:00 p.m., Speaker pro tempore
Sukup in the chair.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-8040 filed by him on February 16, 2000.
Jager of Black Hawk offered the following amendment H-8391, to
the committee amendment H-8021, filed by Jager, et al., and moved
its adoption:
H-8391
1 Amend the amendment, H-8021, to Senate File 324, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 3 through 10 and
5 inserting the following:
6 " . Page 2, by inserting after line 12 the
7 following:
8 "(4) "Franchise" also does not include a contract
9 under which a"."
10 2. By renumbering as necessary.
Roll call was requested by Weigel of Chickasaw and Shoultz of
Black Hawk.
On the question "Shall amendment H-8391, to the committee
amendment H-8021, be adopted?" (S.F. 324)
The ayes were, 39:
|
Arnold | Boddicker | Boggess | Brunkhorst |
|
Connors | Cormack | Dotzler | Drake |
|
Falck | Fallon | Frevert | Garman |
|
Greimann | Heaton | Holveck | Horbach |
|
Huser | Jager | Jochum | Kettering |
|
Kreiman | Kuhn | May | Mertz |
|
Mundie | Murphy | O'Brien | Osterhaus |
|
Parmenter | Richardson | Scherrman | Schrader |
|
Shoultz | Stevens | Thomson | Van Engelenhoven |
|
Warnstadt | Weigel | Witt |
|
|
The nays were, 59:
|
Alons | Barry | Baudler | Bell |
|
Blodgett | Boal | Bradley | Brauns |
|
Bukta | Carroll | Cataldo | Chiodo |
|
Cohoon | Davis | Dix | Doderer |
|
Dolecheck | Drees | Eddie | Foege |
|
Ford | Gipp | Grundberg | Hahn |
|
Hansen | Hoffman | Holmes | Houser |
|
Huseman | Jacobs | Jenkins | Johnson |
|
Klemme | Larkin | Larson | Lord |
|
Martin | Mascher | Metcalf | Millage |
|
Myers | Nelson-Forbes | Raecker | Rants |
|
Rayhons | Reynolds | Shey | Siegrist, Spkr. |
|
Sunderbruch | Taylor, D. | Taylor, T. | Teig |
|
Thomas | Tyrrell | Van Fossen | Welter |
|
Whitead | Wise | Sukup, |
|
| | Presiding |
|
|
Absent or not voting, 2:
Amendment H-8391 lost.
Metcalf of Polk moved the adoption of the committee amendment
H-8021.
A non-record roll call was requested.
The ayes were 55, nays 11.
The committee amendment H-8021 was adopted.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-1643 filed by him on April 15, 1999.
Murphy of Dubuque offered the following amendment H-1544 filed
by him and moved its adoption:
H-1544
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 3 the
4 following:
5 "4A. NOTICE REQUIRED. a franchise agreement
6 entered into in this state shall prominently display
7 in ten point type the following notice: "This
8 Agreement is subject to the Iowa Fair Franchising Act.
9 The Act establishes certain rights and
10 responsibilities for franchisors and franchisees. The
11 provisions of the Act could be important to you in the
12 operation of this franchise. Consult your attorney or
13 legal advisor for advice regarding the scope and
14 applicability of this important statutory provision.""
15 2. Page 14, by inserting after line 18 the
16 following:
17 " ___. TITLE. This section may be known as the
18 "Iowa Fair Franchising Act"."
19 3. By renumbering as necessary.
Amendment H-1544 lost.
Witt of Black Hawk offered the following amendment H-1595 filed
by him and moved its adoption:
H-1595
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 3 the
4 following:
5 "4A. MEET AND CONFER. a group of franchisees may
6 seek to meet and confer with a franchisor regarding
7 any issues related to a franchise agreement or its
8 enforcement. If a group of franchisees obtains
9 express written authorization by twenty percent of
10 existing franchisees in the state, the franchisor of
11 the existing franchises shall meet and confer in good
12 faith with representatives of the franchisee group
13 over issues related to the franchises. The
14 representatives of the franchisee group shall be
15 selected by a majority vote at a meeting where all
16 franchisees receive ten days' notice or through
17 written authorization by a majority of the members of
18 the franchisee group."
19 2. By renumbering as necessary.
Amendment H-1595 lost.
Myers of Johnson asked and received unanimous consent that
amendment H-1604 be deferred.
Weigel of Chickasaw offered the following amendment H-1620 filed
by him and moved its adoption:
H-1620
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 3 the
4 following:
5 "4A. UNILATERAL MODIFICATION. a franchise
6 agreement shall not provide that it can be
7 unilaterally modified by the franchisor."
8 2. By renumbering as necessary.
Amendment H-1620 lost.
Weigel of Chickasaw offered the following amendment H-1641 filed
by him and moved its adoption:
H-1641
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 3 the
4 following:
5 "4A. ADVERTISING FEES. It shall be unlawful to
6 collect any advertising fee from a franchisee and not
7 use the funds for the purpose of advertising the
8 business conducted by the franchisee. With respect to
9 collection and expenditure of advertising fees, the
10 franchisor owes a fiduciary duty to the franchisor's
11 franchisees."
12 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 36, nays 52.
Amendment H-1641 lost.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-1642 be deferred.
Weigel of Chickasaw offered the following amendment H-1644 filed
by him and moved its adoption:
H-1644
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 3 the
4 following:
5 "4A. BUSINESS HOURS. a franchisor may only
6 require a franchisee to keep the franchisee's retail
7 outlet open for business for a specified number of
8 hours per day or per week if the requirement is
9 negotiated in good faith by both parties, is arrived
10 at by mutual agreement, and is based on a bona fide
11 business need."
12 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 32, nays 49.
Amendment H-1644 lost.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-1646 filed by him on April 15, 1999.
Shoultz of Black Hawk offered the following amendment H-1680
filed by him and moved its adoption:
H-1680
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 3 the
4 following:
5 "4A. LIMITATIONS ON FRANCHISE SALES. a franchise
6 shall not be offered for sale or sold in this state if
7 the franchise agreements or business methods of the
8 franchisor violate this section."
9 2. By renumbering as necessary.
Amendment H-1680 lost.
Shoultz of Black Hawk offered the following amendment H-1681
filed by him and moved its adoption:
H-1681
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by inserting after line 3 the
4 following:
5 "4A. DISCRIMINATION AMONG FRANCHISES. A
6 franchisor shall not unreasonably and materially
7 discriminate among franchisees in assessing franchise
8 fees, or charges for goods, services, equipment, or
9 leases, or any other action. Acts of discrimination
10 which may be reasonable include, but are not limited
11 to, the following:
12 a. Discrimination based on franchises granted at
13 different times or places and the discrimination is
14 reasonably related to such differences in time or
15 place.
16 b. Discrimination related to a program under which
17 franchisees are made available to a class of persons
18 that may have been denied franchise opportunities in
19 the past, based on suspect classifications, including
20 race, sex, religion, or national origin.
21 c. Discrimination designed to accommodate efforts
22 by one or more franchisees to cure deficiencies in the
23 operation of franchised businesses or defaults in
24 franchise agreements."
25 2. By renumbering as necessary.
Amendment H-1681 lost.
Weigel of Chickasaw offered amendment H-1517 filed by him and
requested division as follows:
H-1517
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
H-1517A
3 1. Page 6, by inserting after line 12 the
4 following:
5 " ___. A franchisee may transfer the franchisee's
6 interest in the franchise, for the unexpired term of
7 the franchise agreement, and a franchisor shall not
8 require the franchisee or the transferee to enter into
9 a new or different franchise agreement as a condition
10 of the transfer."
H-1517B
11 2. Page 6, by inserting after line 23 the
12 following:
13 " ___. A franchisor shall not transfer its interest
14 in a franchise unless the franchisor makes reasonable
15 provision for the performance of the franchisor's
16 obligations under the franchise agreement by the
17 transferee. For purposes of this section "reasonable
18 provision" means that upon the transfer, the entity
19 assuming the franchisor's obligation has the financial
20 means to perform the franchisor's obligations in the
21 ordinary course of business, but does not mean that
22 the franchisor transferring the franchise is required
23 to guarantee obligations of the underlying franchise
24 agreement."
H-1517C
25 3. Page 6, by inserting after line 32 the
26 following:
27 " ___. A franchisor, as a condition to a transfer
28 of a franchise, shall not obligate a franchisee to
29 undertake obligations or relinquish any rights
30 unrelated to the franchise proposed to be transferred,
31 or to enter into a release of claims broader than a
32 similar release of claims by the franchisor against
33 the franchisee which is entered into by the
34 franchisor.
35 ___. A franchisor shall not discriminate against a
36 proposed transferee of a franchise on the basis of
37 race, color, national origin, religion, sex, or
38 disability.
39 ___. A franchisor, after a transfer of a
40 franchise, shall not seek to enforce any convenant of
41 the transferred franchise against the transferor which
42 prohibits the transferor from engaging in any lawful
43 occupation or enterprise. However, this subsection
44 does not prohibit the franchisor from enforcing a
45 contractual convenant against the transferor not to
46 exploit the franchisor's trade secrets or intellectual
47 property rights, unless otherwise agreed to by the
48 parties."
H-1517D
49 4. Page 7, by striking lines 34 and 35 and
50 inserting the following: "franchisees. If less than
Page 2
1 fifty".
H-1517E
2 5. Page 8, by inserting after line 5 the
3 following:
4 "j. a franchisor shall not interfere or attempt to
5 interfere with any permissible disposition of an
6 interest in a franchise or franchised business."
7 6. Page 8, line 31, by striking the word "six"
8 and inserting the following: "five".
9 7. Page 9, by striking lines 4 through 6.
10 8. Page 9, line 35, by striking the words "no
11 more".
12 9. Page 10, line 1, by striking the words "than
13 three years of proven".
14 10. Page 10, line 6, by striking the word "Six"
15 and inserting the following: "Five".
16 11. Page 10, line 29, by inserting after the word
17 "capricious" the following: "when compared to the
18 actions of the franchisor in other similar
19 circumstances".
H-1517F
20 12. By striking page 11, line 33, through page
21 12, line 2, and inserting the following:
22 "(6) After three material breaches of a franchise
23 agreement occurring within a twelve-month period, for
24 which the franchisee has been given notice and an
25 opportunity to cure, the franchisor may terminate upon
26 any subsequent material breach within the twelve-month
27 period without providing an opportunity to cure,
28 provided that the action is not arbitrary and
29 capricious."
H-1517G
30 13. Page 13, line 2, by inserting after the word
31 "supplies," the following: "equipment, fixtures,".
32 14. Page 13, line 5, by inserting after the word
33 "supplies," the following: "equipment, fixtures,".
34 15. Page 13, line 9, by inserting after the word
35 "supplies," the following: "equipment, fixtures,".
36 16. Page 13, line 10, by inserting after the word
37 "supplies," the following: "equipment, fixtures,".
38 17. Page 13, line 16, by inserting after the word
39 "supplies," the following: "equipment, fixtures,".
40 18. Page 13, line 17, by inserting after the word
41 "supplies," the following: "equipment, fixtures,".
42 19. Page 13, by inserting after line 24 the
43 following:
44 "10A. LIMITED FIDUCIARY DUTY. Without regard to
45 whether a fiduciary duty is imposed generally on the
46 franchisor by virtue of a franchise agreement, the
47 franchisor owes a fiduciary duty to its franchisees
48 and is obligated to exercise the highest standards of
49 care for franchisee interests where the franchisor
50 does any of the following:
Page 3
1 a. Undertakes to perform bookkeeping, collection,
2 payroll, or accounting services on behalf of the
3 franchisee.
4 b. Administers, controls, or supervises, either
5 directly or through any subsidiary or affiliate, any
6 advertising, marketing, or promotional fund or program
7 to which franchisees are required to, or routinely,
8 contribute."
H-1517H
9 20. Page 13, by striking lines 25 through 32 and
10 inserting the following:
11 "11. DUTY OF GOOD FAITH. a franchise imposes on
12 the parties a duty of good faith in performance and
13 enforcement of the franchise agreement. "Good faith"
14 means honesty in fact and the observance of reasonable
15 commercial standards of fair dealing in the trade.
16 The duty of good faith is imposed in situations
17 including, but not limited to, where the franchisor
18 opens a new outlet, location, or channel of
19 distribution that has an adverse impact on an existing
20 franchisee."
H-1517I
21 21. Page 13, by inserting before line 33 the
22 following:
23 " ___. REPURCHASE OF ASSETS. A franchisor shall
24 not terminate or refuse to renew a franchise without
25 fairly compensating the franchisee for the fair market
26 value, at the time of termination or expiration of the
27 franchise, of the franchisee's inventory, supplies,
28 equipment, and furnishings purchased from the
29 franchisor or approved supplier, and good will,
30 exclusive of personalized materials which have no
31 value to the franchisor, and inventory, supplies,
32 equipment, and furnishings not reasonably required in
33 the conduct of the franchise business. However,
34 compensation need not be made to a franchisee for good
35 will if the franchisee is given one year's notice of
36 nonrenewal and the franchisor agrees in writing not to
37 enforce any covenant which restrains the franchisee
38 from competing with the franchisor. a franchisor may
39 offset against amounts owed to a franchisee under this
40 subsection any amounts owed by such franchisee to the
41 franchisor."
H-1517J
42 22. Page 14, by inserting after line 3 the
43 following:
44 "Punitive damages may also be awarded if an act or
45 omission of the franchisor, which constitutes the
46 violation of this section, occurs with malice or
47 reckless disregard for the statutory or contractual
48 rights of the franchisee."
49 23. By renumbering as necessary.
Weigel of Chickasaw moved the adoption of amendment H-1517A.
Speaker Siegrist in the chair at 5:03 p.m.
Amendment H-1517A lost.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendments H-1517B and H-1517C.
Ford of Polk offered the following amendment H-1543 filed by him
and Metcalf of Polk and moved its adoption:
H-1543
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, by inserting after line 32 the
4 following:
5 " ___. a franchisor shall not discriminate against
6 a proposed transferee of a franchise on the basis of
7 race, color, national origin, religion, sex, or
8 disability."
9 2. By relettering as necessary.
Amendment H-1543 was adopted.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendments H-1517D through H-1517J.
Weigel of Chickasaw asked and received unanimous consent to
withdraw the following amendments:
Amendment H-1619 filed by him on April 14, 1999.
Amendment H-1621 filed by him on April 14, 1999.
Amendment H-1622 filed by him on April 14, 1999.
Amendment H-1623 filed by him on April 14, 1999.
Amendment H-1645 filed by him on April 15, 1999.
Amendment H-1647 filed by him on April 15, 1999.
Amendment H-1648 filed by him on April 15, 1999.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-1682 filed by him on April 19, 1999.
Witt of Black Hawk asked and received unanimous consent that
amendment H-1596 be deferred.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-1679 filed by him on April 19, 1999.
Witt of Black Hawk offered the following amendment H-1597 filed
by him and moved its adoption:
H-1597
1 Amend Senate File 324, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 13, by inserting after line 32 the
4 following:
5 "11A. POLITICAL COERCION. It shall be unlawful
6 for a franchisor, directly or indirectly, to coerce
7 political participation from franchisees, their
8 employees, or their families."
9 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 39, nays 50.
Amendment H-1597 lost.
Holveck of Polk asked and received unanimous consent to
withdraw amendment H-1604, previously deferred, filed by him on
April 13, 1999.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-1642, previously deferred, filed by him on
April 15, 1999.
Witt of Black Hawk asked and received unanimous consent to
withdraw amendment H-1596, previously deferred, filed by him on
April 13, 1999.
Metcalf 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. 324)
The ayes were, 71:
|
Alons | Arnold | Barry | Baudler |
|
Bell | Blodgett | Boal | Boggess |
|
Bradley | Brauns | Brunkhorst | Bukta |
|
Carroll | Cataldo | Chiodo | Cohoon |
|
Cormack | Davis | Dix | Dolecheck |
|
Drake | Eddie | Foege | Ford |
|
Gipp | Greiner | Grundberg | Hahn |
|
Hansen | Heaton | Hoffman | Holmes |
|
Houser | Huseman | Jacobs | Jager |
|
Jenkins | Johnson | Kettering | Klemme |
|
Larkin | Larson | Lord | Martin |
|
Mascher | May | Metcalf | Millage |
|
Mundie | Myers | Nelson-Forbes | O'Brien |
|
Raecker | Rants | Rayhons | Reynolds |
|
Shey | Sukup | Sunderbruch | Taylor, T. |
|
Teig | Thomas | Thomson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Welter |
|
Whitead | Wise | Mr. Speaker |
|
| | Siegrist |
|
|
The nays were, 28:
|
Boddicker | Connors | Doderer | Dotzler |
|
Drees | Falck | Fallon | Frevert |
|
Garman | Greimann | Holveck | Horbach |
|
Huser | Jochum | Kreiman | Kuhn |
|
Mertz | Murphy | Osterhaus | Parmenter |
|
Richardson | Scherrman | Schrader | Shoultz |
|
Stevens | Taylor, D. | Weigel | Witt |
|
|
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
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
March 20, 2000, amended and passed the following bill in which the concurrence of the
House is asked:
House File 620, a bill for an act relating to persons with disabilities by providing for
the use of wheelchair parking cones, providing for persons with disabilities registration
plates for trailers, and providing for penalties.
Also: That the Senate has on March 20, 2000, amended and passed the following
bill in which the concurrence of the House is asked:
House File 683, a bill for an act relating to mediation services related to custody,
visitation, and support of a child.
Also: That the Senate has on March 20, 2000, amended and passed the following
bill in which the concurrence of the House is asked:
House File 2136, a bill for an act relating to nonsubstantive Code corrections.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2173, a bill for an act providing for inheritance by great-grandparents,
great-aunts and uncles, and second cousins of intestate decedents.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2179, a bill for an act relating to the certified school to career program.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2218, a bill for an act creating a county and state mutual insurance
guaranty association and providing penalties.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2220, a bill for an act relating to the confidentiality of internet protocol
numbers associated with public information requests.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2239, a bill for an act relating to limited partnerships by providing for
such partnerships to become limited liability limited partnerships, providing for
related matters, and providing an effective date.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2240, a bill for an act relating to notice and the appointment of counsel
in guardianship and conservatorship proceedings.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2277, a bill for an act relating to hunting preserves by eliminating
regulations applicable to certain animals classified as livestock.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2329, a bill for an act extending the time period to qualify for certain
linked investment programs and providing an effective date.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the Senate was asked:
House File 2330, a bill for an act relating to directional signs visible from the street
at polling places.
Also: That the Senate has on March 20, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:
Senate File 2147, a bill for an act relating to motor vehicles, including motor vehicle
enforcement, titling, and registration, the renewal of certain licenses related to selling
vehicles, and motor carrier regulation, making penalties applicable, and providing
effective dates.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the House is asked:
Senate File 2418, a bill for an act relating to certification of property taxes by
townships and providing an effective date.
Also: That the Senate has on March 20, 2000, passed the following bill in which the
concurrence of the House is asked:
Senate File 2420, a bill for an act relating to the administration and enforcement of
the replacement tax imposed on the generation, transmission, and delivery, consump-
tion, and use of electricity and natural gas, providing for the Act's retroactive
applicability, and providing an effective date.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2418, by committee on ways and means, a bill for an
act relating to certification of property taxes by townships and
providing an effective date.
Read first time and referred to committee on ways and means.
Senate File 2420, by committee on ways and means, a bill for an
act relating to the administration and enforcement of the replacement
tax imposed on the generation, transmission, and delivery,
consumption, and use of electricity and natural gas, providing for the
Act's retroactive applicability, and providing an effective date.
Read first time and referred to committee on ways and means.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
Senate File 2089 be immediately messaged to the Senate.
MOTIONS TO RECONSIDER
(Senate File 324)
I move to reconsider the vote by which Senate File 324 passed the
House on March 20, 2000.
JAGER of Black Hawk
I move to reconsider the vote by which Senate File 324 passed the
House on March 20, 2000.
METCALF of Polk
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 16,
2000. Had I been present, I would have voted "aye" on House Files
2148, 2162 and 2439.
CARROLL of Poweshiek
I was necessarily absent from the House chamber on March 7,
2000. Had I been present, I would have voted "aye" on House Files
2387, 2431, 2473, 2528 and Senate File 2248.
FORD of Polk
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
2000\569 Roscoe and Eunice White, Packwood - For celebrating their 61st
wedding anniversary.
2000\570 Amy Swisher, Cedar Falls - For being named to the Iowa Newspaper
Association All-State, Class 4-A First Team, 2000 Iowa Girls'
Basketball Tournament.
2000\571 Ellie Peterson, Cedar Falls - For being named to the Iowa Newspaper
Association All-State, Class 4-A First Team, 2000 Iowa Girls'
Basketball Tournament.
2000\572 Eleanor Bahr, Wall Lake - For celebrating her 89th birthday.
2000\573 Bernice Reida, Lake View - For celebrating her 85th birthday.
2000\574 Marjorie Seymour, Lake View - For celebrating her 89th birthday.
2000\575 Alvera Ruchti, Lake View - For celebrating her 90th birthday.
2000\576 Margaret Dahm, Early - For celebrating her 90th birthday.
2000\577 Betty and Glenn Stephenson, Winterset - For celebrating their 50th
wedding anniversary.
2000\578 Lorna Nesselroad, Panora - For celebrating her 86th birthday.
2000\579 George Olson, Panora -For celebrating his 86th birthday.
2000\580 Velda and Bill Morse, Winterset - For celebrating their 71st wedding
anniversary.
2000\581 Zachary Rudolph, Coralville - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2000\582 Chad Gaul, Dyersville - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2000\583 Verna Remmes, Charter Oak - For celebrating her 101st birthday.
2000\584 Velma Meehan, Westside - For celebrating her 90th birthday.
2000\585 Pinkie Galbreath, Onawa - For celebrating her 102nd birthday.
2000\586 Marie Dubrall, Manilla - For celebrating her 101st birthday.
2000\587 Selma Carter, Manilla - For celebrating her 90th birthday.
2000\588 Doc Naulteus, Mapleton - For celebrating his 90th birthday.
2000\589 Nick Stultz, Kirn Junior High School - For winning first place in the
state MATHCOUNTS competition.
2000\590 Anita Suchy, Osage - For celebrating her 90th birthday.
2000\591 Harry Eliasen, Charles City - For celebrating his 88th birthday.
2000\592 Florence Schwartz, Osage - For celebrating her 80th birthday.
2000\593 Myrtle O'Connor, Rockford - For celebrating her 80th birthday.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 769 Appropriations
Relating to the funding of, operation of, and appropriation of moneys
to the college student aid commission, the department of cultural
affairs, the department of education, and the state board of regents,
providing related statutory changes, and providing effective dates.
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 EDUCATION
Senate File 2267, a bill for an act requiring the board of directors of a school
district to enter into a compact with parents and guardians by adopting a school
promotion policy for grade three level students and providing for related matters.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8409 March 16, 2000.
Senate File 2318, a bill for an act relating to the establishment of Iowa charter
schools.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8408 March 16, 2000.
Senate File 2338, a bill for an act providing for a school investment partnership
pilot program.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8407 March 16, 2000.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Senate File 2371, a bill for an act relating to the establishment of a water quality
initiative program by the department of agriculture and land stewardship and the
department of natural resources, defining and providing for the use of credible data for
quality control and assurance procedures, and providing for other properly related
matters, and providing an applicability date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8416 March 16, 2000.
COMMITTEE ON HUMAN RESOURCES
Senate File 2367, a bill for an act relating to the information collected through
termination of pregnancy reporting.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8402 March 16, 2000.
COMMITTEE ON JUDICIARY
Senate File 2276, a bill for an act relating to the application of earned time credits
against a criminal sentence and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8421 March 16, 2000.
COMMITTEE ON LOCAL GOVERNMENT
Senate File 2215, a bill for an act striking a mandatory leave of absence for a civil
service officer or employee, or a deputy sheriff who is a candidate for partisan public
office, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass March 16, 2000.
Senate File 2364, a bill for an act relating to the residency requirements for city
civil service employees.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8417 March 16, 2000.
COMMITTEE ON STATE GOVERNMENT
Senate File 2395, a bill for an act relating to the creation of an information
technology department and making related changes.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8405 March 16, 2000.
Senate File 2411, a bill for an act relating to public retirement systems and
providing implementation, applicability, and effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8404 March 16, 2000.
AMENDMENTS FILED
H-8397 H.F. 2503 Blodgett of Cerro Gordo
H-8398 H.F. 2545 Thomas of Clayton
H-8399 H.F. 2545 Thomas of Clayton
H-8401 H.F. 2545 O'Brien of Boone
H-8402 S.F. 2367 Committee on Human Resources
H-8403 S.F. 2411 Frevert of Palo Alto
H-8404 S.F. 2411 Committee on State Government
H-8405 S.F. 2395 Committee on State Government
H-8406 H.F. 2545 Cormack of Webster
H-8407 S.F. 2338 Committee on Education
H-8408 S.F. 2318 Committee on Education
H-8409 S.F. 2267 Committee on Education
H-8410 H.F. 2427 Scherrman of Dubuque
H-8411 H.F. 2136 Senate Amendment
H-8412 H.F. 620 Senate Amendment
H-8413 H.F. 2545 Dix of Butler
Brunkhorst of Bremer
H-8414 S.F. 2308 Davis of Wapello
H-8415 H.F. 683 Senate Amendment
H-8416 S.F. 2371 Committee on Environmental
Protection
H-8417 S.F. 2364 Committee on Local Government
H-8418 H.F. 2545 Falck of Fayette
H-8419 H.F. 2545 Murphy of Dubuque
H-8420 H.F. 2545 Warnstadt of Woodbury
H-8421 S.F. 2276 Committee on Judiciary
H-8422 S.F. 2111 Lord of Dallas
Boal of Polk Brunkhorst of Bremer
Carroll of Poweshiek Dolecheck of Ringgold
Thomson of Linn Hansen of Pottawattamie
Sunderbruch of Scott Eddie of Buena Vista
Grundberg of Polk Boddicker of Cedar
Nelson-Forbes of Marshall Shey of Linn
H-8423 S.F. 2411 Mascher of Johnson
H-8424 H.F. 2538 Blodgett of Cerro Gordo
H-8425 S.F. 2411 Greimann of Story
H-8426 H.F. 2545 Murphy of Dubuque
On motion by Rants of Woodbury the House adjourned at 5:31
p.m., until 8:45 a.m., Tuesday, March 21, 2000.
© 2000 Cornell College and
League of Women Voters of Iowa
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