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House Journal: Thursday, March 30, 2000

JOURNAL OF THE HOUSE

Eighty-first Calendar Day - Fifty-fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 30, 2000

The House met pursuant to adjournment at 9:20 a.m., Speaker pro
tempore Sukup in the chair.

Prayer was offered by Reverend Lola M. Rosenberger, pastor of St.
John's United and Zion United Church of Christ, Peterson and
Calumet.

The Journal of Wednesday, March 29, 2000 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Speaker Siegrist, until his arrival, on request of Rants of Woodbury; Houser of
Pottawattamie on request of Barry of Harrison.

ADOPTION OF HOUSE RESOLUTION 116

Ford of Polk called up for consideration House Resolution 116, a
resolution congratulating the Des Moines Dragons International
Basketball Association Basketball Team, and moved its adoption.

The motion prevailed and the resolution was adopted.

Carroll of Poweshiek in the chair at 9:43 a.m.

SENATE AMENDMENT CONSIDERED

Alons of Sioux called up for consideration House File 2376, a bill
for an act relating to veterans preference in public employment,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8610:

H-8610

1 Amend House File 2376 as follows:
2 1. Page 1, by striking lines 16 through 20 and

3 inserting the following: "appointed or refused to
4 appoint the person. Within ten days after an
5 appointment is refused, the appointing officer, board,
6 or person shall notify the unsuccessful applicant in
7 writing of the At the time of application or at an
8 interview for the position, an applicant may request
9 notification of refusal only or notification of
10 refusal and the".
11 2. Page 1, line 21, by inserting after the word
12 "refusal." the following: "The notification shall be
13 sent within ten days after the successful applicant is
14 selected."

The motion prevailed and the House concurred in the Senate
amendment H-8610.

Alons of Sioux moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 2376)

The ayes were, 97:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Cataldo Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher 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 Weidman Weigel
Welter Whitead Wise Witt
Carroll,
Presiding
The nays were, none.

 


Absent or not voting, 3:
Frevert Houser Siegrist, Spkr.

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

CONSIDERATION OF BILLS
Unfinished Business Calendar

House File 2325, a bill for an act relating to the family
investment program and associated provisions, with report of
committee recommending passage, was taken up for consideration.

SENATE FILE 2368 SUBSTITUTED FOR HOUSE FILE 2325

Boddicker of Cedar asked and received unanimous consent to
substitute Senate File 2368 for House File 2325.

Senate File 2368, a bill for an act relating to the family
investment program and associated provisions, was taken up for
consideration.

Boddicker of Cedar moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (S.F. 2368)

The ayes were, 94:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Cataldo Chiodo Cohoon
Connors Cormack Davis Doderer
Dolecheck Dotzler Drake Eddie
Falck Fallon Foege Ford
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holveck Horbach Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lord Martin Mascher 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 Weidman
Weigel Welter Whitead Wise
Witt Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Dix Drees Frevert Holmes
Houser Siegrist, Spkr.

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

HOUSE FILE 2325 WITHDRAWN

Boddicker of Cedar asked and received unanimous consent to
withdraw House File 2325 from further consideration by the House.

IMMEDIATE MESSAGES

Barry of Harrison asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House File
2376 and Senate File 2368.

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 30, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2393, a bill for an act relating to the certification of persons as
confinement site manure applicators, providing for fees, and making penalties
applicable.


Also: That the Senate has on March 30, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2522, a bill for an act relating to addresses used by persons seeking
relief from domestic abuse.

Also: That the Senate has on March 30, 2000, passed the following joint resolution
in which the concurrence of the House is asked:

Senate Joint Resolution 2005, a joint resolution nullifying amendments to
administrative rules of the department of revenue and finance concerning the
classification of condominiums for property tax purposes and providing an effective
date.

MICHAEL E. MARSHALL, Secretary

On motion by Barry of Harrison, the House was recessed at 9:55
a.m., until 11:30 a.m.

LATE MORNING SESSION

The House reconvened at 11:40 a.m., Speaker Siegrist in the chair.

QUORUM CALL

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

SENATE AMENDMENT CONSIDERED

Boddicker of Cedar called up for consideration House File 2135, a
bill for an act relating to the designated date of withholding of
support by payors of income and providing an effective date, amended
by the Senate, and moved that the House concur in the following
Senate amendment H-8580:

H-8580

1 Amend House File 2135, as passed by the House, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 252B.22, Code 1999, is amended
6 to read as follows:
7 252B.22 STATEWIDE SUPPORT LIEN INDEX LIENS -

8 MOTOR VEHICLE REGISTRATION - TASK FORCE.
9 1. The child support recovery unit created in this
10 chapter shall establish a task force to assist in the
11 development and implementation of a plan for a
12 statewide support lien index. all of the following:
13 The unit, in consultation with the task force, may
14 recommend additional statutory changes to the general
15 assembly by January 1, 1999, to facilitate
16 implementation of a statewide index.
17 2. The plan shall provide for an index pertaining
18 to any person against whom a support judgment is
19 entered, registered, or otherwise filed with a court
20 in this state, against whom the unit is enforcing a
21 support judgment, or against whom an interstate lien
22 form promulgated by the United States secretary of
23 health and human services is filed. The plan shall
24 also provide for implementation and administration of
25 an automated statewide support lien index, access to
26 at least one location in every county, and the
27 development of procedures to periodically update the
28 lien information.
29 a. The filing of notices of liens and actions to
30 release liens.
31 b. The process for delaying the renewal of a motor
32 vehicle registration due to a support delinquency and
33 recommendations for additional statutory changes to
34 the general assembly.
35 3. 2. Members of the task force may include, but
36 shall not be limited to, representatives, appointed by
37 the respective entity, of the Iowa land title
38 association, the Iowa realtors' association, the Iowa
39 state bar association, the Iowa county recorders'
40 association, the Iowa clerks of court association, the
41 Iowa county treasurers' association, the Iowa
42 automobile dealers' association, the Iowa bankers
43 association, the Iowa recreational vehicle dealers'
44 association, the independent automobile dealers'
45 association of Iowa, the Iowa mortgage bankers'
46 association, the Iowa motorcycle association, the Iowa
47 credit union league, department of revenue and
48 finance, state department of transportation, the
49 office of the secretary of state, the office of the
50 state court administrator, and other constituency

Page 2

1 groups and agencies which have an interest in a
2 statewide support lien index to the record liens.
3 Appointments are not subject to sections 69.16 and
4 69.16A. Vacancies shall be filled by the original
5 appointment authority and in the manner of the
6 original appointments."

7 2. Title page, by striking lines 1 and 2 and
8 inserting the following: "An Act relating to support
9 obligations and providing an effective date."
10 3. By renumbering as necessary.

Carroll of Poweshiek in the chair at 11:50 a.m.

The motion prevailed and the House concurred in the Senate
amendment H-8580.

Boddicker of Cedar moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and placed
upon its passage which motion prevailed and the bill was read a last
time.

On the question "Shall the bill pass?" (H.F. 2135)

The ayes were, 94:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Cataldo Chiodo Cohoon
Connors Cormack Davis Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Holmes Holveck Horbach Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Millage Mundie
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Parmenter Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Siegrist, Spkr. Stevens
Sukup Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Carroll,
Presiding

 


The nays were, none.


Absent or not voting, 6:
Dix Ford Frevert Hoffman
Houser Raecker

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

CONSIDERATION OF BILLS
Unfinished Business Calendar

House File 2219, a bill for an act relating to the limitation on
deposits which may be held by a depository institution or holding
company and establishment of a procedure for determining
compliance with such limitation, was taken up for consideration.

Bradley of Clinton offered the following amendment H-8067 filed
by him and moved its adoption:

H-8067

1 Amend House File 2219 as follows:
2 1. Page 8, by inserting after line 14, the
3 following:
4 "Sec. ___. EFFECTIVE DATE AND RETROACTIVE
5 APPLICABILITY. This Act, being deemed of immediate
6 importance, takes effect upon enactment, and is
7 retroactively applicable to January 1, 2000."
8 2. Title page, line 4, by inserting after the
9 word "limitation" the following: ", providing for the
10 Act's applicability, and providing an effective date".

Amendment H-8067 was adopted.

SENATE FILE 2158 SUBSTITUTED FOR HOUSE FILE 2219

Bradley of Clinton asked and received unanimous consent to
substitute Senate File 2158 for House File 2219.

Senate File 2158, a bill for an act relating to the limitation on
deposits which may be held by a depository institution or holding
company and establishment of a procedure for determining
compliance with such limitation, providing for the Act's applicability,
and providing an effective date, was taken up for consideration.


Bradley of Clinton 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. 2158)

The ayes were, 83:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Cataldo Chiodo Cohoon
Connors Cormack Davis Dolecheck
Dotzler Drake Drees Eddie
Falck Gipp Greimann Greiner
Hahn Hansen Heaton Hoffman
Holmes Holveck Horbach Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Nelson-Forbes Osterhaus Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Siegrist, Spkr. Stevens Sukup
Sunderbruch Teig Thomas Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Carroll,
Presiding

 


The nays were, 11:
Doderer Fallon Foege Garman
Kreiman Myers O'Brien Parmenter
Rants Taylor, D. Taylor, T.

 


Absent or not voting, 6:
Dix Ford Frevert Grundberg
Houser Raecker

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

HOUSE FILE 2219 WITHDRAWN

Bradley of Clinton asked and received unanimous consent to
withdraw House File 2219 from further consideration by the House.

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 30, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2424, a bill for an act creating an Iowa Lewis and Clark bicentennial
commission, an Iowa Lewis and Clark bicentennial fund, and providing an effective
date.

Also: That the Senate has on March 30, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2485, a bill for an act relating to the allocation of funds within the soil
and water enhancement account of the resource enhancement and protection fund.

Also: That the Senate has on March 30, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2521, a bill for an act relating to mandatory mediation of certain farm
disputes prior to initiation of related litigation.

Also: That the Senate has on March 30, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2427, a bill for an act relating to the definition of factory-built
structures, the relocation of factory-built structures, the certification of installers of
manufactured homes and providing for a fee, an appropriation, and a civil penalty.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGES

Barry of Harrison asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
2135 and Senate File 2158.

House File 2540, a bill for an act relating to economic
development programs and related tax credits, was taken up for
consideration.

Warnstadt of Woodbury offered the following amendment H-8494
filed by him and moved its adoption:


H-8494

1 Amend House File 2540 as follows:
2 1. Page 3, by inserting after line 12 the
3 following:
4 "Sec. . Section 15E.192, Code 1999, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 2A. a city or county may create
7 an economic development enterprise zone as authorized
8 in this division, subject to certification by the
9 department of economic development, by designating up
10 to four square miles of the city or county for that
11 purpose. In order for an enterprise zone to be
12 certified pursuant to this subsection, an enterprise
13 zone shall meet the distress criteria provided in
14 section 15E.194, subsection 2A. Section 15E.194,
15 subsections 1 and 2, shall not apply to an enterprise
16 zone certified pursuant to this subsection."
17 2. Page 3, line 17, by striking the word "the"
18 and inserting the following: "the a county or city
19 may apply to the department for an area to be
20 certified as an enterprise zone pursuant to subsection
21 2a at any time prior to July 1, 2001. The".
22 3. Page 3, by inserting after line 20 the
23 following:
24 "Sec. . Section 15E.194, subsection 2,
25 unnumbered paragraph 1, Code 1999, is amended to read
26 as follows:
27 An enterprise zone may be designated by a city with
28 a population of twenty-four thousand or more which
29 meets at least two of the following criteria:
30 Sec. . Section 15E.194, Code 1999, is amended
31 by adding the following new subsection:
32 NEW SUBSECTION. 2A. a city or county may
33 designate an area of up to four square miles to be an
34 enterprise zone if the area includes or is located
35 within one mile of at least three of the following:
36 a. a commercial service airport.
37 b. a barge terminal or a navigable waterway.
38 c. Entry to a rail line.
39 d. Entry to an interstate highway.
40 e. Entry to a commercial and industrial highway
41 network as identified pursuant to section 313.2A."
42 4. Page 4, line 26, by striking the words "county
43 or" and inserting the following: "county, or".
44 5. Page 4, line 27, by inserting after the word
45 "city," the following: "or subsection 2a upon request
46 by the county or city,".
47 6. Page 4, line 31, by inserting after the figure
48 "1," the following: "2A,".
49 7. Page 5, line 1, by inserting after the figure
50 "1," the following: "2A,".

Page 2

1 8. Page 5, line 22, by inserting after the figure
2 "1" the following: ", 2A".
3 9. Page 5, lines 23 and 24, by striking the words
4 "with a population of twenty-four thousand or more"
5 and inserting the following: "with a population of
6 twenty-four thousand or more".
7 10. Page 5, line 25, by inserting after the
8 figure "2" the following: ", 2A,".
9 11. By renumbering as necessary.

Speaker Siegrist in the chair at 12:45 p.m.

Amendment H-8494 lost.

Jacobs of Polk asked and received unanimous consent to withdraw
amendment H-8575 filed by her and Jenkins of Black Hawk on March
28, 2000.

Jacobs of Polk offered the following amendment H-8623 filed by
her and Jenkins of Black Hawk and moved its adoption:

H-8623

1 Amend House File 2540 as follows:
2 1. Page 3, by inserting after line 20 the
3 following:
4 "Sec. 100. Section 15E.193B, subsection 2, Code
5 1999, is amended to read as follows:
6 2. An eligible housing business under this section
7 includes a housing developer, or housing contractor,
8 or nonprofit organization that builds or rehabilitates
9 a minimum of four single-family homes with a value,
10 after completion of the building or rehabilitation,
11 not exceeding one hundred twenty thousand dollars for
12 each home located in that part of a city or county in
13 which there is a designated enterprise zone or one
14 multiple dwelling unit building containing three or
15 more individual dwelling units with a total value per
16 unit, after completion of the building or
17 rehabilitation, not exceeding one hundred twenty
18 thousand dollars located in that part of a city or
19 county in which there is a designated enterprise zone.
20 Sec. 101. Section 15E.193B, subsection 5, Code
21 1999, is amended by adding the following new
22 paragraph:
23 NEW PARAGRAPH. e. Information showing the amount
24 of tax credits and government forgivable loans and

25 grants which will be received as a result of its new
26 investment in housing for which the business is
27 seeking approval for the tax credit provided in
28 subsection 6, paragraph "a".
29 Sec. 102. Section 15E.193B, subsection 6,
30 paragraph a, Code 1999, is amended to read as follows:
31 a. An eligible housing business may claim an
32 income a tax credit up to a maximum of ten percent of
33 the new investment which is directly related to the
34 building or rehabilitating of a minimum of four
35 single-family homes located in that part of a city or
36 county in which there is a designated enterprise zone
37 or one multiple dwelling unit building containing
38 three or more individual dwelling units located in
39 that part of a city or county in which there is a
40 designated enterprise zone. The tax credit may be
41 used to reduce the tax liability imposed under chapter
42 422, division II, III, or V. Any credit in excess of
43 the tax liability for the tax year may be credited to
44 the tax liability for the following seven years or
45 until depleted, whichever occurs earlier. If the
46 business is a partnership, subchapter S corporation,
47 limited liability company, or estate or trust electing
48 to have the income taxed directly to the individual,
49 an individual may claim the tax credit allowed. The
50 amount claimed by the individual shall be based upon

Page 2

1 the pro rata share of the individual's earnings of the
2 partnership, subchapter S corporation, limited
3 liability company, or estate or trust."
4 2. Page 6, by inserting after line 17 the
5 following:
6 "Sec. 103. Section 15E.195, subsection 5, Code
7 1999, is amended by adding the following new
8 unnumbered paragraph:
9 NEW UNNUMBERED PARAGRAPH. However, if the
10 commission or department finds that an eligible
11 housing business will receive, as a result of its new
12 investment in housing, other tax credits and
13 government forgivable loans and grants, the maximum
14 amount of tax credit that may be approved under
15 section 15E.193B, subsection 6, shall be the lesser of
16 ten percent or the amount which when added to the
17 other tax credits and government forgivable loans and
18 grants will result in the housing business receiving
19 eighty percent of the cost of the new investment for
20 which approval is sought in governmental incentives
21 and assistance."
22 3. Page 6, by inserting after line 35 the
23 following:

24 "Sec. . EFFECTIVE AND APPLICABILITY DATES.
25 This Act, being deemed of immediate importance, takes
26 effect upon enactment. Sections 100, 101, 102, and
27 103 of this Act apply retroactively to January 1,
28 2000, for tax years beginning on or after that date."
29 4. Title page, line 2, by inserting after the
30 word "credits" the following: "and including
31 effective and retroactive applicability date
32 provisions".

Amendment H-8623 was adopted.

Horbach of Tama offered the following amendment H-8640 filed by
him and moved its adoption:

H-8640

1 Amend House File 2540 as follows:
2 1. Page 4, line 11, by striking the word "five"
3 and inserting the following: "four".

Amendment H-8640 was adopted.

Jenkins of Black Hawk offered the following amendment H-8608
filed by him and Weigel of Chickasaw and moved its adoption:

H-8608

1 Amend House File 2540 as follows:
2 1. Page 4, lines 16 and 17, by striking the words
3 "fifty acres" and inserting the following: "one
4 mile".

Amendment H-8608 was adopted.

Jenkins of Black Hawk moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (H.F. 2540)

The ayes were, 93:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Cormack Davis Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck Horbach
Huseman Huser Jacobs Jager
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
Osterhaus Parmenter Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 7:
Connors Dix Ford Frevert
Houser O'Brien Raecker

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
March 30, 2000, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2377, a bill for an act providing for access to certain child abuse
information by the governor and the general assembly, making penalties and remedies
applicable, and including an effective date and applicability provision.

MICHAEL E. MARSHALL, Secretary

Senate File 2047, a bill for an act relating to the powers and
duties of county officers with respect to county warrants, with report
of committee recommending passage, was taken up for consideration.

Van Engelenhoven of Mahaska 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. 2047)

The ayes were, 93:
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 Garman Gipp Greimann
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck Horbach
Huseman Huser Jacobs Jager
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
Osterhaus Parmenter Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Shoultz Stevens
Sukup Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 7:
Dix Ford Frevert Greiner
Houser O'Brien Thomson

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.


IMMEDIATE MESSAGES

Barry of Harrison asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House File
2540 and Senate File 2047.

Senate File 2092, a bill for an act relating to statutory corrections
which may adjust language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete temporary
language, resolve inconsistencies and conflicts, update ongoing
provisions, or remove ambiguities and providing effective dates, with
report of committee recommending amendment and passage, was
taken up for consideration.

Kettering of Sac offered the following amendment H-8255 filed by
the committee on judiciary and moved its adoption:

H-8255

1 Amend Senate File 2092, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 9, by striking lines 26 through 31.
4 2. Page 9, by inserting after line 33 the
5 following:
6 "Sec. ___. Section 322C.11, Code 1999, is amended
7 to read as follows:
8 322C.11 PENALTIES.
9 a person violating a provision of section 322C.3,
10 or 322C.7 or 322C.8 is guilty of a serious
11 misdemeanor."
12 3. Page 15, by inserting after line 30, the
13 following:
14 "Sec. ___. Section 322C.8, Code 1999, is repealed."
15 4. By renumbering as necessary.

The committee amendment H-8255 was adopted.

Kettering of Sac 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. 2092)


The ayes were, 94:
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 Garman Gipp Greimann
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Huseman Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes Osterhaus Parmenter Raecker
Rants Rayhons Reynolds Richardson
Scherrman Schrader Shey Shoultz
Stevens Sukup Sunderbruch Taylor, D.
Taylor, T. Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 6:
Dix Ford Frevert Houser
O'Brien Teig

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2443, a bill for an act relating to residential landlord-
tenant law, by allowing for notice of and a surcharge for payments
with a check returned for insufficient funds, and making certain
changes related to forcible entry and detainer actions, was taken up
for consideration.

Fallon of Polk asked and received unanimous consent to withdraw
amendments H-8355, H-8356, H-8357 and H-8358 filed by him on
March 14, 2000.


Carroll of Poweshiek offered amendment H-8568 filed by him as
follows:

H-8568

1 Amend House File 2443 as follows:
2 1. Page 2, line 23, by striking the word
3 "brought", and inserting the following: "filed".
4 2. Page 3, by inserting after line 22 the
5 following:
6 "5. In any case where this section has become
7 operative, the provisions of section 648.18 shall not
8 apply."

Fallon of Polk offered the following amendment H-8606, to
amendment H-8568, filed by him and moved its adoption:

H-8606

1 Amend the amendment, H-8568, to House File 2443, as
2 follows:
3 1. Page 1, by inserting after line 3 the
4 following:
5 " . Page 3, line 2, by striking the word
6 "agreement" and inserting the following:
7 "undertaking"."

Amendment H-8606 was adopted.

On motion by Carroll of Poweshiek amendment H-8568, as
amended, was adopted.

SENATE FILE 2214 SUBSTITUTED FOR HOUSE FILE 2443

Carroll of Poweshiek asked and received unanimous consent to
substitute Senate File 2214 for House File 2443.

Senate File 2214, a bill for an act relating to residential landlord-
tenant law, by allowing for notice of and a surcharge for rent paid
with a check returned for insufficient funds, and making certain
changes related to forcible entry and detainer actions, was taken up
for consideration.

Fallon of Polk asked and received unanimous consent that
amendment H-8585 be deferred.


Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-8601 filed by him on March 28, 2000.

Carroll of Poweshiek offered amendment H-8567 filed by him as
follows:

H-8567

1 Amend Senate File 2214, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 1, line 1, through page 2,
4 line 10.
5 2. Title page, lines 1 through 3, by striking the
6 words "allowing for notice of and a surcharge for rent
7 paid with a check returned for insufficient funds,
8 and".
9 3. By renumbering as necessary.

Shoultz of Black Hawk offered the following amendment H-8609,
to amendment H-8567, filed by him and moved its adoption:

H-8609

1 Amend the amendment, H-8567, to Senate File 2214,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 3 and 4 and
5 inserting the following:
6 " . Page 1, by inserting after line 31 the
7 following:
8 "3. Regardless of whether the rental agreement
9 entered into by the parties is in writing, if a
10 landlord has, in accordance with section 562A.18,
11 established a rule requiring payment of a late fee in
12 the event that periodic rent payments are not timely
13 made, in the situation where the tenant makes an
14 untimely payment of rent with a dishonored check,
15 draft, or order, or if the dishonoring of the check,
16 draft, or order causes the rent payment to become
17 untimely, the landlord must then elect whether to
18 collect the surcharge for the dishonored check, draft,
19 or order, or to collect the late fee for untimely
20 payment of rent, but shall not collect both."
21 . Page 2, by inserting after line 10 the
22 following:
23 "3. Regardless of whether the rental agreement
24 entered into by the parties is in writing, if a
25 landlord has, in accordance with section 562B.19,
26 established a rule requiring payment of a late fee in
27 the event that periodic rent payments are not timely

28 made, in the situation where the tenant makes an
29 untimely payment of rent with a dishonored check,
30 draft, or order, or if the dishonoring of the check,
31 draft, or order causes the rent payment to become
32 untimely, the landlord must then elect whether to
33 collect the surcharge for the dishonored check, draft,
34 or order, or to collect the late fee for untimely
35 payment of rent, but shall not collect both.""
36 2. Page 1, by striking lines 5 through 8.

Amendment H-8609 lost.

On motion by Carroll of Poweshiek amendment H-8567 was
adopted.

Fallon of Polk offered the following amendment H-8600 filed by
him and moved its adoption:

H-8600

1 Amend Senate File 2214, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, line 2, by striking the word
4 "undertaking" and inserting the following:
5 "agreement".

Amendment H-8600 was adopted.

Carroll of Poweshiek offered the following amendment H-8632
filed by him and moved its adoption:

H-8632

1 Amend Senate File 2214, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, lines 18 and 19, by striking the words
4 "this section" and inserting the following:
5 "subsection 1".

Amendment H-8632 was adopted.

Fallon of Polk offered amendment H-8585 filed by him, previously
deferred and requested division as follows:

H-8585

1 Amend Senate File 2214, as amended, passed and

2 reprinted by the Senate, as follows:

H-8585A

3 1. Page 1, line 13, by striking the word "may"
4 and inserting the following: "shall".
5 2. Page 1, line 13, by inserting after the words
6 "by a" the following: "clear and conspicuous".
7 3. Page 1, line 15, by striking the word "may"
8 and inserting the following: "shall".
9 4. Page 1, line 15, by inserting after the word
10 "by" the following: "clear and conspicuous".
11 5. Page 1, line 21, by inserting before the word
12 "notice" the following: "clear and conspicuous".
13 6. Page 1, line 23, by inserting after the word
14 "rent" the following: "or other amounts owed to the
15 landlord".
16 7. Page 1, line 26, by inserting after the word
17 "shall" the following: "not".
18 8. Page 1, line 30, by inserting before the word
19 "notice" the following: "clear and conspicuous".
20 9. Page 1, line 35, by inserting before the word
21 "notice" the following: "clear and conspicuous".
22 10. Page 2, line 5, by inserting after the word
23 "shall" the following: "not".
24 11. Page 2, line 6, by inserting after the word
25 "total" the following: "rent".
26 12. Page 2, line 9, by inserting after the word
27 "provides" the following: "clear and conspicuous".

H-8585B

28 13. Page 2, lines 33 and 34, by striking the
29 words "land-leased community", and inserting the
30 following: "mobile home park".
31 14. Page 3, line 3, by inserting before the word
32 "upkeep", the following: "reasonable".
33 15. Page 3, line 3, by inserting before the word
34 "charges", the following: "reasonable".
35 16. Page 3, line 7, by striking the words "land-
36 leased community", and inserting the following:
37 "mobile home park".
38 17. Page 3, lines 20 and 21, by striking the
39 words "whether or not", and inserting the following:
40 "if".

Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8585A.

Further division was requested as follows:

Lines 38 through 40, Division C.

On motion by Fallon of Polk amendment H-8585B was adopted.

The following amendment H-8676, to amendment H-8585C, filed
by Fallon from the floor was adopted by unanimous consent:

H-8676

1 Amend amendment H-8585, to Senate File 2214,
2 as amended, passed and reprinted by the Senate,
3 as follows:
4 1. Page 1, line 40, by inserting after the word
5 "if" the word "the".

Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8585C.

Carroll of Poweshiek 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. 2214)

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 Ford Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes 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 Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Dix Frevert Houser O'Brien

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

HOUSE FILE 2443 WITHDRAWN

Carroll of Poweshiek asked and received unanimous consent to
withdraw House File 2443 from further consideration by the House.

IMMEDIATE MESSAGES

Barry of Harrison asked and received unanimous consent that the
following bills be immediately messaged to the Senate: Senate Files
2092 and 2214.

The House resumed consideration of Senate File 2366, a bill for
an act relating to the purchase, possession, and sale of cigarettes and
tobacco products and providing penalties, previously deferred on
March 29, 2000.

Parmenter of Story asked and received unanimous consent to
withdraw amendment H-8520, previously deferred, filed by him on
March 22, 2000.

Sukup of Franklin offered the following amendment H-8670 filed
by him, Kreiman of Davis, Weigel of Chickasaw and Myers of
Johnson from the floor and moved its adoption:

H-8670

1 Amend Senate File 2366, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by striking lines 19 through 26, and
4 inserting the following:
5 "11. Failure to pay the civil penalty imposed for
6 a violation of section 453A.2, subsection 2, is a

7 simple misdemeanor punishable as a scheduled violation
8 under section 805.8, subsection 11. Notwithstanding
9 section 602.8106 or any other provision to the
10 contrary, any civil penalty or criminal fine paid
11 under this subsection shall be retained by the city or
12 county enforcing the violation to be used for
13 enforcement of section 453A.2."
14 2. Page 2, by striking lines 27 through 31, and
15 inserting the following:
16 "b. For a first offense, performance of eight
17 hours of community work requirements, unless waived by
18 the court.
19 c. For a second offense, performance of twelve
20 hours of community work requirements."
21 3. Page 2, line 32 by striking the word "forty"
22 and inserting the following: "sixteen".
23 4. Page 2, line 33, by striking the word
24 "service" and inserting the following: "work
25 requirements."
26 5. Page 2, line 33, by striking the words "and
27 suspension of the person's".
28 6. By striking page 2, line 34, through page 3,
29 line 31.
30 7. Page 7, line 8, by striking the figure "(1)"
31 and inserting the following: "(1)".
32 8. Page 7, line 13, by striking the letter "(a)"
33 and inserting the following: "(1)".
34 9. Page 7, line 15, by striking the letter "(b)"
35 and inserting the following: "(2)".
36 10. Page 7, line 17, by striking the letter "(c)"
37 and inserting the following: "(3)".
38 11. Page 7, by striking lines 19 through 22.
39 12. Page 7, by striking lines 23 through 33, and
40 inserting the following:
41 "(2) For failing to pay the civil penalty under
42 section 453A.2, subsection 2, the scheduled criminal
43 fine is twenty-five dollars if the violation is a
44 first offense, fifty dollars if the violation is a
45 second offense, and one hundred dollars if the
46 violation is a third or subsequent offense. Failure
47 to pay the scheduled criminal fine shall not result in
48 the person being detained in a secure facility. The
49 complainant shall not be charged a filing fee."
50 13. By renumbering as necessary.

Amendment H-8670 was adopted.

Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-8516 filed by Weigel of Chickasaw and
Parmenter of Story on March 22, 2000.

Parmenter of Story asked and received unanimous consent to
withdraw amendment H-8660 filed by him on March 29, 2000.

Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-8521 filed by him on March 22, 2000.

Parmenter of Story asked and received unanimous consent to
withdraw amendment H-8656 filed by him on March 29, 2000.

Sukup of Franklin 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. 2366)

The ayes were, 86:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Dolecheck
Dotzler Drake Drees Eddie
Falck Garman Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck Horbach
Huseman Huser Jacobs Jager
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lord Martin May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes Osterhaus Parmenter
Raecker Rants Rayhons Richardson
Scherrman Schrader Shey Shoultz
Stevens Sukup Sunderbruch Taylor, D.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 9:
Davis Doderer Fallon Foege
Ford Greimann Mascher Reynolds
Taylor, T.

 




Absent or not voting, 5:
Dix Frevert Houser Jenkins
O'Brien

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2366 be immediately messaged to the Senate.

SENATE MESSAGES CONSIDERED

Senate Joint Resolution 2005, by committee on ways and
means, a joint resolution nullifying amendments to administrative
rules of the department of revenue and finance concerning the
classification of condominiums for property tax purposes and
providing an effective date.

Read first time and passed on file.

Senate File 2427, by committee on ways and means, a bill for an
act relating to the definition of factory-built structures, the relocation
of factory-built structures, the certification of installers of
manufactured homes and providing for a fee, an appropriation, and a
civil penalty.

Read first time and referred to committee on ways and means.

INTRODUCTION OF BILL

House File 2555, by committee on appropriations, a bill for an act
relating to and making appropriations from the tobacco settlement
fund.

Read first time and placed on the appropriations calendar.


EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on Wednesday
afternoon, March 29, 2000. Had I been present, I would have voted
"aye" on House Files 2146, 2391, 2492 and 2510.

GARMAN of Story

I was necessarily absent from the House chamber on March 29,
2000. Had I been present, I would have voted "aye" on House Files
2146, 2331, 2391, 2510, 2554 and "nay" on House File 2552.

MUNDIE of Webster

I was necessarily absent from the House chamber on March 30,
2000. Had I been present, I would have voted "aye" on House Files
2135, 2540 and Senate File 2158.

RAECKER of Polk

I was necessarily absent from the House chamber on March 29,
2000. Had I been present, I would have voted "aye" on House Files
2146, 2331, 2391, 2492, 2510, 2554 and "nay" on House File 2552.

STEVENS of Dickinson

I was necessarily absent from the House chamber on March 30,
2000. Had I been present, I would have voted "aye" on Senate File
2092.

TEIG of Hamilton

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 30th day of March, 2000: House Files 2431 and 2531.


ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

BILL SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on March 29, 2000, he approved and transmitted to the Secretary of
State the following bill:

House File 2179, an act relating to the certified school to career program.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Moulton Elementary School students, Moulton. By Ford of Polk.

Sixty-eight sixth grade students from Gladbrook-Reinbeck Middle
School, Gladbrook, accompanied by Terri Luehring. By Horbach of
Tama.

Thirty-four senior students from Jesup High School, Jesup,
accompanied by Teacher Jeff Gearhart. By Jager of Black Hawk.

Forty government students from Harmony High School,
Farmington, accompanied by Amy Morgan. By Reynolds of Van
Buren.

Forty-eight sixth grade students from Nashua-Plainfield School,
Nashua. By Weigel of Chickasaw.

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\695 Oscar Swenson, Fairfield - For celebrating his 90th birthday.

2000\696 Ethel Holm, Keosauqua - For celebrating her 106th birthday.

2000\697 Darlene and Ken Harsch, Ottumwa - For celebrating their 57th
wedding anniversary.

2000\698 Lois and Allen Sommers, Bellevue - For celebrating their 50th wedding
anniversary.

SUBCOMMITTEE ASSIGNMENT

House File 2398

Ways and Means: Hoffman, Chair; Jenkins and Weigel.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 780

Ways and Means: Larson, Chair; Jager and Weigel.

House Study Bill 781

Appropriations: Heaton, Chair; Murphy and Nelson-Forbes.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

ELIZABETH A. ISAACSON
Chief Clerk of the House

COMMITTEE ON APPROPRIATIONS

Committee Bill (Formerly House Study Bill 781), relating to and making
appropriations from the tobacco settlement fund.

Fiscal Note is not required.

Recommended Amend and Do Pass March 30, 2000.

AMENDMENTS FILED

H-8664 S.F. 2245 Raecker of Polk
Kreiman of Davis

H-8665 H.F. 2530 Wise of Lee
H-8666 S.F. 2143 Jacobs of Polk
H-8667 H.F. 2530 Hoffman of Crawford
Shey of Linn Larson of Linn
Hahn of Muscatine Kettering of Sac
Davis of Wapello Raecker of Polk
Sunderbruch of Scott Warnstadt of Woodbury
Martin of Scott Heaton of Henry
Jager of Black Hawk Wise of Lee
Thomson of Linn Chiodo of Polk
Cataldo of Polk Van Engelenhoven of Mahaska
Baudler of Adair
H-8668 S.F. 2241 Ford of Polk
Baudler of Adair
H-8669 S.F. 2313 Heaton of Henry
H-8671 H.F. 2530 Chiodo of Polk
Metcalf of Polk
H-8672 H.F. 2377 Senate Amendment
H-8673 H.F. 620 Witt of Black Hawk
H-8674 H.F. 2386 Van Engelenhoven of Mahaska
H-8675 S.F. 2245 May of Worth
Blodgett of Cerro Gordo
H-8677 S.F. 2430 Baudler of Adair
Greimann of Story
H-8678 S.F. 2430 Blodgett of Cerro Gordo

On motion by Rants of Woodbury the House adjourned at 3:22
p.m., until 1:00 p.m., Monday, April 3, 2000.

Correction to Journal of March 29, 2000

Page 1137 - Should have shown:

Resolution Filed, HR 116, by Ford and Jacobs, a resolution Congratulating the Des
Moines Dragons International Basketball Association Basketball Team.

Laid over under Rule 25.


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