House Journal: Monday, April 10, 2000
JOURNAL OF THE HOUSE
Ninety-second Calendar Day - Fifty-ninth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, April 10, 2000
The House met pursuant to adjournment at 1:05 p.m., Speaker
Siegrist in the chair.
Prayer was offered by Father Mark Osterhaus, pastor of St.
Matthew's Catholic Church, Cedar Rapids.
The Journal of Thursday, April 6, 2000 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by sixth grade students from
Centennial and Willowbrook Elementary schools, accompanied by
teachers Chris Hennigan and Jami Aldridge from Centennial
Elementary; Diana Griffiths, Fonda Wettestad and Angela Stewart
from Willowbrook Elementary, Altoona. They are the guests of the
Honorable Geri Huser, state representative from Polk County. Jami
Aldridge is the sister-in-law of the Honorable Steve Sukup, Speaker
pro tempore from Franklin County.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Cataldo of Polk on request of Kreiman of Davis; Frevert of Palo Alto on request of
Myers of Johnson; Mascher of Johnson, until her arrival, on request of Stevens of
Dickinson.
PETITION FILED
The following petition was received and placed on file:
By Weigel of Chickasaw from fifty-five Iowans favoring the
establishment of a commission on the status of Asian and Pacific
Islander Americans in the state of Iowa, Department of Human
Rights.
INTRODUCTION OF BILL
House Joint Resolution 2014, by Rants and Schrader, a joint
resolution authorizing the temporary use and consumption of wine in
the State Capitol in conjunction with the awards ceremony of the
World Food Prize Foundation.
Read first time and referred to committee on administration and
rules.
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 6, 2000, amended and passed the following bill in which the concurrence of the
House is asked:
House File 2419, a bill for an act changing the criminal penalties relating to
possession, manufacture, or delivery of amphetamines.
Also: That the Senate has on April 6, 2000, amended and passed the following bill
in which the concurrence of the House is asked:
House File 2437, a bill for an act relating to disclosure by a postsecondary education
institution of information to the parent or guardian of a student.
Also: That the Senate has on April 6, 2000, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was 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 April 6, 2000, passed the following bill in which the
concurrence of the House is asked:
Senate File 2439, a bill for an act relating to the accelerated career education
program, providing a tax credit from withholding, creating an accelerated career
education grant program and fund, relating to the transfer of job training withholding
to the workforce development fund account, and providing an effective date.
Also: That the Senate has on April 6, 2000, passed the following bill in which the
concurrence of the House is asked:
Senate File 2444, a bill for an act relating to the taxation of property used by the
Iowa national guard.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2439, by committee on ways and means, a bill for an
act relating to the accelerated career education program, providing a
tax credit from withholding, creating an accelerated career education
grant program and fund, relating to the transfer of job training
withholding to the workforce development fund account, and
providing an effective date.
Read first time and passed on file.
Senate File 2444, by committee on ways and means, a bill for an
act relating to the taxation of property used by the Iowa national
guard.
Read first time and passed on file.
CONSIDERATION OF BILL
Unfinished Business Calendar
Senate File 2143, a bill for an act relating to the eligibility of
certain school organizations to conduct games and raffles, with report
of committee recommending passage, was taken up for consideration.
Jacobs of Polk offered the following amendment H-8666 filed by
her and moved its adoption:
H-8666
1 Amend Senate File 2143, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 99B.1, Code 1999, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 24. "Unrelated entity" means a
8 person that has a separate and distinct state charter
9 and tax identification number from any other person,
10 and, if the person is an individual, an individual
11 that is not related by law or by consanguinity."
12 2. Page 1, by inserting after line 14 the
13 following:
14 "Sec. . Section 99B.7, Code 1999, is amended by
15 adding the following new subsection:
16 NEW SUBSECTION. 3A. If a licensee derives ninety
17 percent or more of its total income from conducting
18 bingo, raffles, or small games of chance, at least
19 seventy-five percent of the licensee's net receipts
20 shall be distributed to an unrelated entity for an
21 educational, civic, public, charitable, patriotic, or
22 religious use."
23 3. Title page, line 2, by inserting after the
24 word "raffles" the following: "and the disposition of
25 receipts from games and raffles".
Amendment H-8666 was adopted.
O'Brien of Boone 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. 2143)
The ayes were, 68:
|
Barry | Baudler | Bell | Boal |
|
Boddicker | Boggess | Bradley | Brauns |
|
Brunkhorst | Bukta | Chiodo | Cohoon |
|
Connors | Davis | Dix | Doderer |
|
Dolecheck | Dotzler | Drake | Drees |
|
Eddie | Falck | Ford | Gipp |
|
Grundberg | Hahn | Hansen | Hoffman |
|
Holmes | Horbach | Houser | Huseman |
|
Huser | Jacobs | Jenkins | Jochum |
|
Kettering | Larkin | Larson | Martin |
|
May | Mertz | Metcalf | Millage |
|
Mundie | Murphy | Myers | O'Brien |
|
Osterhaus | Rants | Rayhons | Reynolds |
|
Scherrman | Shey | Shoultz | Stevens |
|
Taylor, D. | Taylor, T. | Teig | Thomas |
|
Thomson | Warnstadt | Weidman | Weigel |
|
Welter | Whitead | Wise | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, 25:
|
Alons | Arnold | Carroll | Cormack |
|
Fallon | Foege | Garman | Greimann |
|
Greiner | Heaton | Holveck | Jager |
|
Johnson | Klemme | Kreiman | Kuhn |
|
Lord | Nelson-Forbes | Parmenter | Raecker |
|
Richardson | Sukup | Tyrrell | Van Engelenhoven |
|
Witt |
|
|
Absent or not voting, 7:
|
Blodgett | Cataldo | Frevert | Mascher |
|
Schrader | Sunderbruch | Van Fossen |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
SENATE AMENDMENTS CONSIDERED
Metcalf of Polk called up for consideration House File 475, a bill
for an act concerning nonsubstantive gender-related provisions in the
Code, amended by the Senate, and moved that the House concur in
the following Senate amendment H-8729:
H-8729
1 Amend House File 475, as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 1 through 6.
4 2. By striking page 1, line 16, through page 3,
5 line 19.
6 3. Page 4, line 4, by striking the figures
7 "384.84, 425.17,".
8 4. Page 4, line 6, by striking the figure
9 "562A.8,".
10 5. Page 4, line 10, by striking the figure
11 "563A.35" and inserting the following: "562A.35".
12 6. Page 4, line 11, by striking the figure
13 "562B.9,".
14 7. Page 4, line 14, by striking the figure
15 "562B.27,".
16 8. Page 4, line 15, by striking the figure
17 "627.6,".
18 9. Page 4, lines 15 and 16, by striking the word
19 and figures "679.5, and 808B.5" and inserting the
20 following: "and 679.5".
21 10. Page 4, by inserting after line 18 the
22 following:
23 "1A. Sections 384.84, 425.17, 562A.8, 562B.9,
24 562B.18, 562B.27, 627.6, 808B.5, 808B.12, and 808B.13,
25 Code Supplement 1999, are amended by striking from the
26 sections the word "landlord" and inserting in lieu
27 thereof the words: "property lessor"."
28 11. Page 4, line 19, by striking the figure
29 "321.47,".
30 12. Page 4, line 21, by striking the figure
31 "562B.9,".
32 13. Page 4, line 22, by striking the figure
33 "562B.27,".
34 14. Page 4, by inserting after line 26 the
35 following:
36 "2A. Sections 321.47, 562A.8, 562B.9, and 562B.27,
37 Code Supplement 1999, are amended by striking from the
38 sections the word "landlord's" and inserting in lieu
39 thereof the words "property lessor's"."
40 15. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8729.
Metcalf of Polk 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. 475)
The ayes were, 93:
|
Alons | Arnold | Barry | Baudler |
|
Bell | Blodgett | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Brunkhorst |
|
Bukta | 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 | 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 | Taylor, D. |
|
Taylor, T. | Teig | Thomas | Thomson |
|
Tyrrell | Warnstadt | Weidman | Weigel |
|
Welter | Whitead | Wise | Witt |
|
Mr. Speaker |
|
Siegrist |
|
|
The nays were, none.
Absent or not voting, 7:
|
Carroll | Cataldo | Frevert | Mascher |
|
Sunderbruch | Van Engelenhoven | Van Fossen |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Fallon of Polk called up for consideration House File 2528, a bill
for an act relating to the condemnation of private property for certain
public purposes and providing an effective date, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-8739:
H-8739
1 Amend House File 2528, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 14, by inserting after the word
4 "owner" the following: "and any contract purchaser".
5 2. Page 1, line 19, by inserting after the word
6 "owner" the following: "and any contract purchaser".
7 3. Page 1, line 22, by inserting after the word
8 "owner" the following: "and any contract purchaser".
9 4. Page 1, line 23, by inserting after the word
10 "owner's" the following: "and contract purchaser's".
11 5. Page 1, line 34, by inserting after the words
12 "fund the" the following: "final".
13 6. Page 2, line 10, by inserting after the word
14 "owner" the following: "and any contract purchaser".
15 7. Page 2, line 23, by inserting after the words
16 "fund the" the following: "final".
17 8. Page 2, line 31, by inserting after the words
18 "fund the" the following: "final".
19 9. Page 3, line 19, by striking the word "should"
20 and inserting the following: "shall".
21 10. Page 3, by striking lines 20 through 26, and
22 inserting the following: "twenty days before the
23 public hearing is held as referred to in subsection 1.
24 The published notice shall, at a minimum,".
25 11. Page 3, line 33, by inserting after the words
26 "fund the" the following: "final".
27 12. Page 4, line 5, by striking the words "site
28 specific" and inserting the following: "final site-
29 specific".
30 13. Page 4, line 14, by inserting after the word
31 "section." the following: "If the acquiring agency is
32 a person required to obtain a permit under chapter
33 479, compliance with section 479.5 shall satisfy the
34 notice requirements of this section."
35 14. By striking page 10, line 29, through page
36 11, line 3.
37 15. Page 11, by inserting before line 4, the
38 following:
39 "Sec. ___. Section 6B.14, unnumbered paragraph 1,
40 Code Supplement 1999, is amended to read as follows:
41 The commissioners shall, at the time fixed in the
42 aforesaid notices, view the land sought to be
43 condemned and assess the damages which the owner will
44 sustain by reason of the appropriation; and they. The
45 commission shall file their its written report, signed
46 by all commissioners, with the sheriff. At the
47 request of the condemner or the condemnee, the
48 commission shall divide the damages into parts to
49 indicate the value of any dwelling, the value of the
50 land and improvements other than a dwelling, and the
Page 2
1 value of any additional damages. The appraisement and
2 return may be in parcels larger than forty acres
3 belonging to one person and lying in one tract, unless
4 the agent or attorney of the applicant, or the
5 commissioners, have actual knowledge that the tract
6 does not belong wholly to the person in whose name it
7 appears of record; and in case of such knowledge, the
8 appraisement shall be made of the different portions
9 as they are known to be owned."
10 16. Page 11, line 12, by striking the word
11 "shall" and inserting the following: "may".
12 17. Page 11, line 13, by striking the words
13 "closed session".
14 18. Page 11, line 18, by inserting after the word
15 "commission." the following: "The commission shall
16 keep minutes of all its meetings showing the date,
17 time, and place, the members present, and the action
18 taken at each meeting. The minutes shall show the
19 results of each vote taken and information sufficient
20 to indicate the vote of each member present. The vote
21 of each member present shall be made public at the
22 open session. The minutes shall be public records
23 open to public inspection."
24 19. Page 14, line 4, by inserting after the word
25 "owner" the following: "and any contract purchaser".
26 20. Page 14, line 6, by inserting after the word
27 "owner" the following: "and any contract purchaser".
28 21. Page 14, line 12, by inserting after the word
29 "owner" the following: "or any contract purchaser".
30 22. Page 15, by inserting after line 21, the
31 following:
32 "Sec. ___. Section 479.5, unnumbered paragraphs 3
33 and 6, Code 1999, are amended to read as follows:
34 a pipeline company shall hold informational
35 meetings in each county in which real property or
36 property rights will be affected at least thirty days
37 prior to filing the petition for a new pipeline. A
38 member of the board or a person designated by the
39 board shall serve as the presiding officer at each
40 meeting and, shall present an agenda for the meeting
41 which shall include a summary of the legal rights of
42 the affected landowners, and shall distribute and
43 review the statement of individual rights required
44 under section 6B.2A. No a formal record of the
45 meeting shall not be required.
46 The notice shall set forth the name of the
47 applicant; the applicant's principal place of
48 business; the general description and purpose of the
49 proposed project; the general nature of the right-of-
50 way desired; the possibility that the right-of-way may
Page 3
1 be acquired by condemnation if approved by the
2 utilities board; a map showing the route of the
3 proposed project; a description of the process used by
4 the utilities board in making a decision on whether to
5 approve a permit including the right to take property
6 by eminent domain; that the landowner has a right to
7 be present at such meeting and to file objections with
8 the board; and a designation of the time and place of
9 the meeting; and. The notice shall be served by
10 certified mail with return receipt requested not less
11 than thirty days previous to the time set for the
12 meeting; and shall be published once in a newspaper of
13 general circulation in the county. The publication
14 shall be considered notice to landowners whose
15 residence is not known and to each person in
16 possession of or residing on the property provided a
17 good faith effort to notify can be demonstrated by the
18 pipeline company.
19 Sec. ___. Section 479.7, Code 1999, is amended by
20 adding the following new unnumbered paragraph:
21 NEW UNNUMBERED PARAGRAPH. Where a petition seeks
22 the use of the right of eminent domain over specific
23 parcels of real property, the board shall prescribe
24 the notice to be served upon the owners of record and
25 parties in possession of the property over which the
26 use of the right of eminent domain is sought. The
27 notice shall include the statement of individual
28 rights required pursuant to section 6B.2A."
29 23. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8739.
Fallon of Polk 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. 2528)
The ayes were, 93:
|
Alons | Arnold | Barry | Baudler |
|
Bell | Blodgett | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Brunkhorst |
|
Bukta | Carroll | 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 | May | Mertz | Metcalf |
|
Millage | Mundie | Murphy | Myers |
|
Nelson-Forbes | O'Brien | Osterhaus | Parmenter |
|
Raecker | Rants | Rayhons | Reynolds |
|
Richardson | Scherrman | Shey | Shoultz |
|
Stevens | Sukup | Taylor, D. | Taylor, T. |
|
Teig | Thomas | Thomson | Tyrrell |
|
Van Engelenhoven | Warnstadt | Weidman | Weigel |
|
Welter | Whitead | Wise | Witt |
|
Mr. Speaker |
|
Siegrist |
|
|
The nays were, none.
Absent or not voting, 7:
|
Cataldo | Frevert | Houser | Mascher |
|
Schrader | Sunderbruch | Van Fossen |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 475, 2528 and Senate File 2143.
INTRODUCTION OF BILL
House File 2565, by Rants, a bill for an act relating to tobacco use
prevention and control and providing an effective date.
Read first time and referred to committee on human resources.
RULES SUSPENDED
Rants of Woodbury asked and received unanimous consent to
suspend the rules for a meeting of the committee on administration
and rules for the consideration of House Joint Resolution 2014 and a
meeting of the committee on human resources for the consideraton of
House File 2565 at 2:00 p.m. today.
On motion by Rants of Woodbury, the House was recessed at 1:50
p.m., until 4:30 p.m.
AFTERNOON SESSION
The House reconvened at 4:53 p.m., Speaker Siegrist in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Doderer of Johnson on request of Jochum of Dubuque.
INTRODUCTION BILL
House File 2566, by Rants and Schrader, a bill for an act relating
to eligibility for United States armed forces retired special motor
vehicle license plates.
Read first time and referred to committee on transportation.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-two members present,
twenty-eight absent.
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 10, 2000, passed the following bill in which the concurrence of the Senate was
asked:
House File 2090, a bill for an act changing the name of the forests and forestry
division of the department of natural resources to the forests and prairies division and
expanding its responsibilities.
Also: That the Senate has on April 10, 2000, passed the following bill in which the
concurrence of the House is asked:
Senate File 2433, a bill for an act relating to state government technology and
operations, by making and relating to appropriations to the Iowa communications
network for the support of certain Part III users, making appropriations to various
entities for other technology-related purposes, providing for the procurement of
information technology, providing for the use of the network, and providing an effective
date.
MICHAEL E. MARSHALL, Secretary
SENATE AMENDMENT CONSIDERED
Alons of Sioux called up for consideration House File 2491, a bill
for an act providing for the production of life science products, and
providing for penalties, amended by the Senate amendment H-8757
as follows:
H-8757
1 Amend House File 2491, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 10B.4, subsection 2, Code
6 1999, is amended by adding the following new
7 paragraph:
8 NEW PARAGRAPH. g. If the reporting entity is a
9 life science enterprise, as provided in chapter 10C,
10 as that chapter exists on or before June 30, 2004, the
11 total amount of commercial sale of life science
12 products and products other than life science products
13 which are produced from the agricultural land held by
14 the life science enterprise.
15 Sec. 2. NEW SECTION. 10C.1 DEFINITIONS.
16 1. "Actively engaged in farming" means the same as
17 defined in section 10.1.
18 2. "Agricultural commodity" means the same as
19 defined in section 190C.1.
20 3. "Agricultural land" means land suitable for use
21 in farming as defined in section 9H.1.
22 4. "Animal" means a creature belonging to the
23 bovine, caprine, equine, ovine, or porcine species.
24 5. "Corporation" means a domestic or foreign
25 corporation subject to chapter 490, a nonprofit
26 corporation, or a cooperative.
27 6. "Economic development board" or "board" means
28 the economic development board created pursuant to
29 section 15.103.
30 7. "Family farm entity" means the same as defined
31 in section 10.1.
32 8. "Life science enterprise" or "enterprise" means
33 a corporation or limited liability company organized
34 for the purpose of using biotechnological systems or
35 techniques for the production of life science
36 products.
37 9. "Life science product" or "product" means a
38 product derived from an animal by using
39 biotechnological systems or techniques and which
40 includes only the following:
41 a. Embryos or oocytes for use in animal
42 implantation.
43 b. Blood, milk, or urine for use in the
44 manufacture of pharmaceuticals or nutriceuticals.
45 c. Cells, tissue, or organs for use in animal or
46 human transplantation.
47 10. "Limited liability company" means a limited
48 liability company as defined in section 490A.102.
49 Sec. 3. NEW SECTION. 10C.2 PURPOSE.
50 The purpose of this chapter is to promote economic
Page 2
1 growth in this state during this period of
2 revolutionary technological advancement in animal and
3 human health sciences, by providing for the
4 development of industries unrelated to traditional
5 farming, but devoted to the production of life science
6 products derived from animals.
7 Sec. 4. NEW SECTION. 10C.3 ENTERPRISES ENGAGED
8 IN THE CREATION AND DEVELOPMENT OF LIFE SCIENCE
9 PRODUCTS - PROHIBITION AND EXCEPTIONS.
10 Notwithstanding any other provision of law, a life
11 science enterprise may acquire or hold an ownership or
12 leasehold interest in agricultural land, if the
13 economic development board approves a life science
14 enterprise plan as provided in section 15.104. a life
15 science enterprise must acquire or hold the
16 agricultural land pursuant to the plan which may be
17 amended as provided by the board. However, the life
18 science enterprise shall not hold a total of more than
19 three hundred twenty acres of agricultural land. The
20 life science enterprise shall hold the land only for
21 purposes of producing life science products according
22 to the life science enterprise plan. In addition, the
23 life science enterprise shall not acquire or hold
24 agricultural land, if the life science enterprise
25 receives any form of financing from an Iowa
26 agricultural industry finance corporation as provided
27 in chapter 15E. a life science enterprise that
28 complies with this section may hold the interest in
29 the agricultural land, as provided in the plan, for as
30 long as commercial sales of products produced from the
31 agricultural land are subject to the following:
32 1. The sale of life science products must equal at
33 least seventy-five percent of commercial sales of all
34 products produced from the agricultural land during
35 any year that the life science enterprise is required
36 to report under section 10B.4.
37 2. The sale of products other than life science
38 products must equal not more than twenty-five percent
39 of commercial sales of all products produced from the
40 agricultural land during any year that the life
41 science enterprise is required to report under section
42 10B.4.
43 Sec. 5. NEW SECTION. 10C.4 ENFORCEMENT -
44 PENALTIES.
45 1. The office of attorney general or a county
46 attorney shall enforce the provisions of this chapter.
47 2. a life science enterprise violating this
48 chapter shall be assessed a civil penalty of not more
49 than twenty-five thousand dollars. Each day that a
50 violation exists shall constitute a separate offense.
Page 3
1 In addition, the life science enterprise shall divest
2 itself of any land held in violation of this chapter
3 within one year after judgment. The court may
4 determine the method of divesting an interest held by
5 a life science enterprise found to be in violation of
6 this chapter. A financial gain realized by the
7 enterprise which disposes of an interest held in
8 violation of this chapter shall be forfeited to the
9 general fund of the state. All court costs and fees
10 shall be paid by the enterprise holding the interest
11 in violation of this chapter.
12 3. The courts of this state may prevent and
13 restrain violations of this chapter through the
14 issuance of an injunction. The attorney general or a
15 county attorney shall institute suits on behalf of the
16 state to prevent and restrain violations of this
17 chapter.
18 Sec. 6. NEW SECTION. 10C.5 REPEAL.
19 Sections 10C.1 through 10C.4 and this section are
20 repealed July 1, 2004.
21 Sec. 7. NEW SECTION. 10C.6 EXISTING LIFE SCIENCE
22 ENTERPRISES.
23 This section applies on and after July 1, 2004.
24 1. a. a life science enterprise may acquire or
25 hold agricultural land, notwithstanding section 10C.5
26 as that section exists in the 2003 Code or 2003 Code
27 Supplement, if all of the following applies:
28 (1) The life science enterprise acquires the
29 agricultural land on or before June 30, 2004.
30 (2) The enterprise acquires or holds the
31 agricultural land pursuant to chapter 10C as that
32 chapter exists in the 2003 Code or 2003 Code
33 Supplement.
34 (3) The economic development board has approved a
35 life science enterprise plan filed on or before June
36 30, 2004 with the board. The enterprise must acquire
37 or hold the agricultural land pursuant to the plan
38 which may be amended at any time and approved by the
39 board pursuant to section 15.104.
40 b. The life science enterprise must file a report
41 with the secretary of state as provided in section
42 10B.4.
43 2. a person who is a successor in interest to a
44 life science enterprise may acquire or hold
45 agricultural land, notwithstanding section 10C.5 as
46 that section exists in the 2003 Code or 2003 Code
47 Supplement, if all of the following applies:
48 a. The person meets the qualifications of a life
49 science enterprise and acquires or holds the
50 agricultural land as provided in chapter 10C as that
Page 4
1 chapter exists in the 2003 Code or 2003 Code
2 Supplement.
3 b. The person acquires or holds the agricultural
4 land according to the life science enterprise plan
5 filed by the person's predecessor in interest and
6 approved by the economic development board. The plan
7 may be amended at any time and approved by the board
8 pursuant to section 15.104.
9 c. The person has filed a notice with the economic
10 development board as required by the board. The
11 notice shall state that the person is a successor in
12 interest. The notice must be filed with the board
13 within thirty days following the person's acquisition
14 of the interest.
15 d. The person must file a report as a life science
16 enterprise with the secretary of state as provided in
17 section 10B.4.
18 Sec. 8. Section 15.104, Code 1999, is amended by
19 adding the following new subsection:
20 NEW SUBSECTION. 4A. Review and approve or
21 disapprove a life science enterprise plan or
22 amendments to that plan as provided in chapter 10C as
23 that chapter exists on or before June 30, 2004, and
24 according to rules adopted by the board. a life
25 science plan shall make a reasonable effort to provide
26 for participation by persons who are individuals or
27 family farm entities actively engaged in farming as
28 defined in section 10.1. The persons may participate
29 in the life science enterprise by holding an equity
30 position in the life science enterprise or providing
31 goods or service to the enterprise under contract.
32 The plan must be filed with the board not later than
33 June 30, 2004. The life science enterprise may file
34 an amendment to a plan at any time. a life science
35 enterprise is not eligible to file a plan, unless the
36 life science enterprise files a notice with the board.
37 The notice shall be a simple statement indicating that
38 the life science enterprise may file a plan as
39 provided in this section. The notice must be filed
40 with the board not later than June 30, 2001. The
41 notice, plan, or amendments shall be submitted by a
42 life science enterprise as provided by the board. The
43 board shall consult with the department of agriculture
44 and land stewardship during its review of a life
45 science plan or amendments to that plan. The plan
46 shall include information regarding the life science
47 enterprise as required by rules adopted by the board,
48 including but not limited to all of the following:
49 a. a description of life science products to be
50 developed by the enterprise.
Page 5
1 b. The time frame required by the enterprise to
2 develop the life science products.
3 c. The amount of capital investment required by
4 the enterprise to develop the life science products.
5 d. The number of acres of land required to produce
6 the life science products.
7 e. The type and extent of participation in the
8 life science enterprise by persons who are individuals
9 or family farm entities. If the plan does not provide
10 for participation or minimal participation, the plan
11 shall include a detailed explanation of the reasonable
12 effort made by the life science enterprise to provide
13 for participation.
14 Sec. 9. DIRECTIONS TO CODE EDITOR. The Code
15 editor may transfer section 10C.6 to another chapter
16 in the 2005 Code, and correct internal references as
17 necessary in order to enhance the readability of the
18 Code.
19 Sec. 10. EFFECTIVE DATE. This Act, being deemed
20 of immediate importance, takes effect upon enactment."
Alons of Sioux offered the following amendment H-8796, to the
Senate amendment H-8757, filed by him from the floor and moved its
adoption:
H-8796
1 Amend the Senate amendment, H-8757, to House File
2 2491, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 31, the
5 following:
6 " ___. "Life science by-product" means a commodity,
7 other than a life science product, if the commodity
8 derives from the production of a life science product
9 and the commodity is not intended or used for human
10 consumption."
11 2. Page 2, by striking lines 32 through 42, and
12 inserting the following:
13 " ___. The sale of life science products.
14 ___. The sale of cull livestock kept on the
15 agricultural land, surplus commodities produced as
16 feed for livestock kept on the agricultural land, or
17 life science by-products."
18 3. Page 5, by inserting after line 20, the
19 following:
20 " ___. Title page, line 2, by inserting after the
21 word "penalties" the following: "and an effective
22 date"."
Amendment H-8796 was adopted.
On motion by Alons of Sioux the House concurred in the Senate
amendment H-8757, as amended, placing amendment H-8772 filed by
Alons of Sioux on April 6, 2000, out of order.
Alons of Sioux moved that the bill, as amended by the Senate and
further amended and concurred in by the House, be read a last time
now and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2491)
The ayes were, 91:
|
Alons | Arnold | Barry | Baudler |
|
Bell | Blodgett | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Brunkhorst |
|
Bukta | Carroll | Chiodo | Cohoon |
|
Connors | Cormack | Davis | Dix |
|
Dolecheck | Dotzler | Drake | Drees |
|
Eddie | Falck | Foege | Ford |
|
Garman | Greimann | Greiner | Grundberg |
|
Hahn | Heaton | Hoffman | Holmes |
|
Holveck | Horbach | Houser | Huseman |
|
Huser | Jacobs | Jager | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | 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 |
|
Warnstadt | Weidman | Welter | Whitead |
|
Wise | Witt | Mr. Speaker |
|
| | Siegrist |
|
|
The nays were, 3:
Absent or not voting, 6:
|
Cataldo | Doderer | Frevert | Gipp |
|
Hansen | Van Fossen |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 2491 be immediately messaged to the Senate.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 6, 2000.
Had I been present, I would have voted "aye" on House File 2463 and
Senate Files 2331, 2371, 2395 and 2424.
HUSEMAN of Cherokee
I was necessarily absent from the House chamber on Monday,
April 10, 2000. Had I been present, I would have voted "aye" on
House Files 475, 2528 and Senate File 2143.
MASCHER of Johnson
I was necessarily absent from the House chamber on Monday,
April 10, 2000. Had I been present, I would have voted "aye" on
House Files 475, 2528 and Senate File 2143.
SUNDERBRUCH of Scott
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 10th day of April, 2000: House Files 2027, 2148,
2247, 2280 and 2494.
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 5, 2000, he approved and transmitted to the Secretary of
State the following bill:
House File 2385, an act providing for establishment of a statewide organ and tissue
donor registry.
Also: That on April 6, 2000, he approved and transmitted to the
Secretary of State the following bills:
House File 2136, an act relating to nonsubstantive Code corrections.
House File 2172, an act relating to polygraph examinations of applicants for certain
law enforcement positions.
House File 2321, an act relating to medical assistance, including eligibility cate-
gories and transfer of assets.
House File 2512, an act relating to certain violations attributed to motor vehicles
rented from motor vehicle rental companies.
House File 2525, an act relating to limitations on recoverable noneconomic damages
in legal actions arising out of motor vehicle accidents.
Senate File 182, an act requiring licensure to practice acupuncture.
Senate File 2089, an act relating to collection of the physical plant and equipment
property tax levy in certain urban renewal areas and providing an applicability date.
Senate File 2111, an act relating to certain school finance formula provisions and
providing an effective date.
Senate File 2221, an act relating to juvenile court jurisdiction and the prosecution
of juveniles in juvenile and district court.
Senate File 2303, an act relating to judicial administration by providing for benefits
applicable to judicial branch employees, the allocation of magistrates, and the manner
of making certain noncourt and administrative appointments, and requesting a legis-
lative study.
Also: That on April 7, 2000, he approved and transmitted to the
Secretary of State the following bills:
House File 2254, an act relating to actions on certain older claims to real estate.
House File 2279, an act relating to the renewal date for a license issued by the
board of educational examiners.
House File 2422, an act relating to funding of the local housing assistance program
and providing an effective date.
House File 2435, an act repealing a provision authorizing the raising of an
additional enrichment amount to fund asbestos removal projects.
House File 2438, an act extending a partial suspension of permitting requirements
of facilities that deal with hazardous waste.
House File 2538, an act relating to and making transportation and other
infrastructure-related appropriations to the state department of transportation, in-
cluding allocation and use of moneys from the general fund of the state, road use tax
fund, and primary road fund, and including fees for certain registration plates,
allowing the department to conduct a pilot project, and providing for the nonreversion
of certain moneys, and providing an effective date.
Senate File 2007, an act relating to responsibilities of a guardian in procuring
professional services for a ward with a physical or mental disability which do not
require prior court approval.
Senate File 2142, an act relating to crime victim compensation.
Senate File 2145, an act relating to the national crime prevention and privacy
compact.
Senate File 2314, an act relating to communicable and infectious diseases and pro-
viding penalties.
Senate File 2344, an act relating to child and family services administered by the
department of human services.
Senate File 2371, 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 pro-
viding an applicability date.
GOVERNOR'S VETO MESSAGES
Copies of the following communications were received and placed
on file:
April 6, 2000
Brent Siegrist
Speaker of the House
State Capitol Building
L O C A L
Dear Speaker Siegrist:
I hereby transmit House File 2113, an act relating to the recognition of federal
rights and service, including eligibility for United States armed forces retired special
motor vehicle license plates and designation of a "Bill of Rights Day", in accordance
with Article III, Section 16, of the Constitution of Iowa.
This bill contains two worthwhile provisions, one which designates December 15 as
"Bill of Rights Day," and a second which makes it easier for certain retired and
honorably discharged military veterans to obtain special vehicle license plates.
I regret to inform you that I am unable to approve House File 2113 as presented.
Article III, Section 29, of the Constitution of Iowa, states, in part, that "Every act shall
embrace but one subject, and matters properly connected therewith…" This legislation
fails to meet that Constitutional test based on legal tests applied in relevant Iowa court
decisions. The bill clearly contains two distinct and separate subjects, and each section
of this bill has no relation to the other.
Throughout this legislative session there have been discussions of the proper use of
legal authority within state government. In this case, the question of legal authority is
a very basic one. This legislative enactment violates Article III, Section 29 of the
Constitution. As Governor, I have sworn to uphold the Constitution of the state.
Therefore, I have no choice but to respectfully disapprove House File 2113.
I call upon legislators, during the time remaining in this legislative session to pass
these two provisions in a proper Constitutional form. Both provisions have merit, and I
will approve them, if presented to me in proper form.
Sincerely,
Thomas J. Vilsack
Governor
April 7, 2000
Brent Siegrist
Speaker of the House
State Capitol Building
L O C A L
Dear Speaker Siegrist:
I hereby transmit House File 2229, an act relating to informed consent provisions
relating to an abortion and providing criminal penalties, and providing an effective
date.
House File 2229 provides that an abortion shall be prohibited without the
"voluntary and informed consent" of the woman seeking the procedure. To meet this
consent requirement, a physician or the physician's agent is required to provide
prescribed information, predominantly non-medical, to the woman at least 24 hours
prior to performing the procedure. The bill, in a rare move, would subject medical
professionals to criminal penalties for failing to comply.
As a state senator, I felt that government had a proper, but limited, role to act in
certain areas affecting abortions. I supported parental notification as well as the ban
on late-term abortions. However, I view House File 2229 differently.
Iowa law currently requires a medical professional to obtain, from the patient, a
written consent to any medical or surgical procedure. (Iowa Code 147.137) This written
consent includes information on the risks associated with the procedure to be per-
formed. Therefore, women are already being provided information they need to make
an informed decision about the abortion procedure. This bill also assumes that women
do not invest enough time before the procedure weighing the emotional, medical, and
spiritual factors involved in making this extremely difficult decision. I do not believe
that assumption is true.
Current parental notification laws also provide an opportunity for every young
woman to have help and assistance in making this decision. Medical facilities providing
abortions and family planning services currently make available to a woman
contemplating an abortion a great deal of information. A number of other organiza-
tions, including many churches, make information on alternatives available. From this,
I conclude that any information a woman wants or needs is available to her.
Given the current laws in Iowa and the level of information currently available to
women, I must conclude that this bill is not about providing informed consent. Rather
it is about government prescribing what a woman should think about, when a woman
should think, and for how long a woman should think. This goes beyond the appro-
priate role of government in the context of this legal procedure.
The decision to have or not have an abortion is and should be the patient's decision.
It should be made pursuant to her own values, in consultation with her physician and
her God. Government's role is and should be limited.
For the above reasons, I hereby respectfully disapprove House File 2229.
Sincerely,
Thomas J. Vilsack
Governor
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Thirteen government students from Lamoni High School, Lamoni,
accompanied by Jack Vanderflught. By Dolecheck of Ringgold.
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\766 Frank and Gladys Strovers, Grinnell - For celebrating their 70th
wedding anniversary.
2000\767 Max and Gloria Clay, Grinnell - For celebrating their 50th wedding
anniversary.
2000\768 Ruth "Dolly" McDonald, Grinnell - For celebrating her 95th birthday.
2000\769 Ona W. Jones, Grinnell - For celebrating her 90th birthday.
2000\770 Geneva Tinkle, Grinnell - For celebrating her 97th birthday.
2000\771 Charles Louden, Grinnell - For celebrating his 90th birthday.
2000\772 Leroy and Helen Brubaker, Searsboro - For celebrating their 65th
wedding anniversary.
2000\773 Alice and Raymond Beck, Grinnell - For celebrating their 50th wedding
anniversary.
2000\774 Berniece Seymour, Indianola - For celebrating her 99th birthday.
2000\775 Harold Warnock, Corning - For celebrating his 90th birthday.
2000\776 Dustin John Holmes, Perry - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2000\777 Nicholas Alan Bailey, Perry - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.
2000\778 Orra Mullenix, Ottumwa - For celebrating her 95th birthday.
2000\779 Lona Hicks, Sac City - For celebrating her 80th birthday.
2000\780 Leonard Heun, Lake View - For celebrating his 80th birthday.
2000\781 Helen Mulligan, Wall Lake - For celebrating her 84th birthday.
2000\782 Dorothy Dreessen, Wall Lake - For celebrating her 90th birthday.
2000\783 Violet Barnes, Sac City - For celebrating her 90th birthday.
2000\784 Ben Roesner, Wall Lake - For celebrating his 94th birthday.
2000\785 Hilda Pagel, Wall Lake - For celebrating her 100th birthday.
2000\786 Germaine and Arnold Nieland, Auburn - For celebrating their 60th
wedding anniversary.
2000\787 Ona and Clark Weary, Ida Grove - For celebrating their 65th wedding
anniversary.
2000\788 Bill and Mabel Oehlert, Osceola - For celebrating their 50th wedding
anniversary.
2000\789 Bob and Bev Niswender, Osceola - For celebrating their 50th wedding
anniversary.
SUBCOMMITTEE ASSIGNMENT
House Joint Resolution 2014
Administration and Rules: Barry, Chair; Rants and Schrader.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 782 Appropriations
Relating to the compensation and benefits for public officials and
employees, providing for related matters, and making appropriations.
H.S.B. 783 Appropriations
Relating to state government technology and operations, by making
and relating to appropriations to the Iowa communications network
for the support of certain Part III users, making appropriations to
various entities for other technology-related purposes, providing for
the procurement of information technology, providing for the use of
the network, and providing an effective date.
H.S.B. 784 Appropriations
Relating to and making appropriations from the rebuild Iowa infra-
structure fund to state departments and agencies, including the de-
partment for the blind, the department of corrections, the department
of cultural affairs, the department of economic development, the de-
partment of general services, the judicial branch, the department of
public safety, the state board of regents, the state department of
transportation, the office of treasurer of state, and the commission of
veterans affairs, creating an environment first fund and making
appropriations from that fund for environmental purposes, making
related Code language 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 ADMINISTRATION AND RULES
House Joint Resolution File 2014, a joint resolution authorizing the temporary
use and consumption of wine in the State Capitol in conjunction with the awards
ceremony of the World Food Prize Foundation.
Fiscal Note is not required.
Recommended Do Pass April 10, 2000.
COMMITTEE ON WAYS AND MEANS
Senate File 2419, a bill for an act providing for limitations on investments by city
hospitals.
Fiscal Note is not required.
Recommended Do Pass April 6, 2000.
Committee Bill (Formerly House File 774), exempting the increase in assessed
value of a farm structure due to improvements made to the structure to preserve it as a
barn.
Fiscal Note is not required.
Recommended Do Pass April 6, 2000.
Committee Bill (Formerly House Study Bill 758), relating to the taxation of
property used by the Iowa national guard.
Fiscal Note is not required.
Recommended Amend and Do Pass April 6, 2000.
Committee Bill (Formerly House Study Bill 762), exempting the sale of livestock
ear tags by certain nonprofit organizations from the sales and use taxes.
Fiscal Note is not required.
Recommended Do Pass April 6, 2000.
RESOLUTIONS FILED
HR 119, by Ford and Raecker, a resolution congratulating Cameron
Hawkins.
Laid over under Rule 25.
SCR 108, by Hedge, a concurrent resolution recognizing the
accomplishments of John Fletcher Lacey and commemorating the one-
hundredth-year anniversary of the Lacey Act.
Laid over under Rule 25.
AMENDMENTS FILED
H-8781 S.F. 2364 Alons of Sioux
Bradley of Clinton
H-8782 H.F. 2557 Sukup of Franklin
Myers of Johnson
H-8783 H.F. 2419 Senate Amendment
H-8784 H.F. 2437 Senate Amendment
H-8785 S.F. 2435 Osterhaus of Jackson
Heaton of Henry
H-8786 S.F. 2435 Jochum of Dubuque
Foege of Linn
H-8787 S.F. 2435 Foege of Linn
H-8788 S.F. 2435 Foege of Linn
H-8789 S.F. 2435 Foege of Linn
H-8790 S.F. 2435 Murphy of Dubuque
H-8791 S.F. 2435 Osterhaus of Jackson
H-8792 S.F. 2435 Osterhaus of Jackson
H-8793 S.F. 2435 Foege of Linn
H-8794 S.F. 2435 Heaton of Henry
H-8795 S.F. 2332 Reynolds of Van Buren
H-8797 S.F. 2435 Osterhaus of Jackson
H-8798 S.F. 2435 Foege of Linn
H-8799 S.F. 2430 Thomas of Clayton
H-8800 H.F. 2560 Ford of Polk
Shoultz of Black Hawk
Weigel of Chickasaw
H-8801 S.F. 2435 Heaton of Henry
On motion by Rants of Woodbury the House adjourned at 5:20 p.m., until
8:45 a.m., Tuesday, April 11, 2000.
© 2000 Cornell College and
League of Women Voters of Iowa
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