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House Journal: Wednesday, April 19, 2000

JOURNAL OF THE HOUSE

One Hundred First Calendar Day - Sixty-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 19, 2000

The House met pursuant to adjournment at 8:50 a.m., Speaker
Siegrist in the chair.

Prayer was offered by the Honorable David Lord, state represen-
tative from Dallas County.

The Journal of Tuesday, April 18, 2000 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Alons of Sioux, until his arrival, on request of Rants of Woodbury.

SPECIAL PRESENTATION

Dix of Butler presented to Betty Millen a certificate of recognition
for her many years of service in the Iowa House.

The House rose and expressed its appreciation.

INTRODUCTION OF BILLS

House File 2578, by committee on ways and means, a bill for an
act relating to the size of an estate that may be distributed by
affidavit, making related changes, and providing for the Act's
applicability.

Read first time and placed on the ways and means calendar.

House File 2579, by Rants, a bill for an act creating a tobacco
settlement authority Act, authorizing the issuance of bonds, and
providing an effective date.

Read first time and referred to committee on appropriations.

CONSIDERATION OF BILLS
Unfinished Business Calendar

House File 2459, a bill for an act relating to regulation and
inspection of health care facilities including the establishment of a
quality-based inspections system, was taken up for consideration.

Sukup of Franklin in the chair at 9:12 a.m.

Witt of Black Hawk asked and received unanimous consent to
withdraw amendment H-8075 filed by him on February 28, 2000.

Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-8078 filed by him on February 29, 2000.

Blodgett of Cerro Gordo offered the following amendment H-8238
filed by him and moved its adoption:

H-8238

1 Amend House File 2459 as follows:
2 1. Page 1, by striking lines 26 through 28, and
3 inserting the following: "inspection or unless in the
4 course of the complaint investigation a violation is
5 evident to the inspector. Upon arrival".
6 2. Page 2, by inserting after line 14, the
7 following:
8 "1A. The department of inspections and appeals
9 shall convene an advisory committee of stakeholders to
10 monitor the development and ongoing refinement of the
11 criteria to be used in conducting a quality-based
12 inspection system. The advisory committee shall
13 consult with the department of inspections and appeals
14 regarding the ongoing distribution of the most current
15 criteria to all appropriate stakeholders."
16 3. By renumbering as necessary.

Amendment H-8238 was adopted.

Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-8172 filed by him on March 6, 2000.

Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-8137 filed by Brunkhorst of Bremer on
March 1, 2000.

SENATE FILE 2144 SUBSTITUTED FOR HOUSE FILE 2459

Blodgett of Cerro Gordo asked and received unanimous consent to
substitute Senate File 2144 for House File 2459.

Senate File 2144, a bill for an act relating to regulation and
inspection of health care facilities including the establishment of a
quality-based inspections system, was taken up for consideration.

Blodgett of Cerro Gordo offered the following amendment H-8496
filed by him and moved its adoption:

H-8496

1 Amend Senate File 2144, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, line 3, by inserting after the word
4 "The" the following: "protection and".

Amendment H-8496 was adopted.

Blodgett of Cerro Gordo offered the following amendment H-8374
filed by him and moved its adoption:

H-8374

1 Amend Senate File 2144 as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, line 23, by striking the words
"oversight and communications," and inserting the
5 following: "administration and regulation, to the
6 committees on human resources of both houses,".
7 2. Page 3, line 3, by striking the words
8 "oversight and communications" and inserting the
9 following: "administration and regulation and by the
10 committees on human resources of both houses".

Amendment H-8374 was adopted.

Blodgett of Cerro Gordo 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. 2144)


The ayes were, 94:
Arnold Barry Baudler Bell
Blodgett Boal Boddicker Boggess
Bradley Brauns Bukta Carroll
Cataldo Chiodo Cohoon Connors
Cormack Davis Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greimann Greiner Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser 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 Siegrist, Spkr. Stevens Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Engelenhoven Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Sukup,
Presiding

 


The nays were, 2:
Van Fossen

 


Absent or not voting, 4:
Alons Brunkhorst Grundberg O'Brien

 


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

HOUSE FILE 2459 WITHDRAWN

Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw House File 2459 from further consideration by the House.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2144 be immediately messaged to the Senate.

SENATE AMENDMENT CONSIDERED

Brauns of Muscatine called up for consideration House File 2008,
a bill for an act providing residency status to certain members of the
armed forces for purposes of hunting, fishing, and fur harvesting,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8939:

H-8939

1 Amend House File 2008, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 7 the
4 following:
5 "Sec. ___. 2000 Iowa Acts, House File 2486,
6 section 5, if enacted, is amended to read as follows:
7 SEC. 5. Section 483A.1A, subsection 4, Code 1999,
8 is amended by adding the following new paragraph:
9 d. e. Is registered to vote in this state."
10 2. Page 1, by striking line 22 and inserting the
11 following: "fishing and, if. In lieu of carrying the
12 person's earnings statement, the military person may
13 also claim residency if the person is registered to
14 vote in this state. If a deer or wild turkey is
15 taken, the military person shall".
16 3. Page 1, by striking lines 24 through 32 and
17 inserting the following: "appropriate tag to
18 transport the animal. No a license shall not be".
19 4. By renumbering, relettering, or redesignating
20 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8939.

Brauns of Muscatine 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. 2008)

The ayes were, 94:
Arnold Barry Baudler Bell
Blodgett Boal Boddicker Boggess
Bradley Brauns Bukta Carroll
Cataldo Chiodo Cohoon Connors
Cormack Davis Dix Doderer
Dotzler Drees Eddie Falck
Fallon Foege Ford Frevert
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck Horbach
Houser Huseman Huser Jacobs
Jager 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 Siegrist, Spkr.
Stevens Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Alons Brunkhorst Dolecheck Drake
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

Jacobs of Polk asked and received unanimous consent that House
File 2008 be immediately messaged to the Senate.

ADOPTION OF HOUSE CONCURRENT RESOLUTION 109

Hansen of Pottawattamie called up for consideration House
Concurrent Resolution 109, a concurrent resolution requesting that
the Governor annually designate the week in June beginning with
Father's Day, as prostate cancer awareness week, and moved its
adoption.

The motion prevailed and the resolution was adopted.


IMMEDIATE MESSAGE

Jacobs of Polk asked and received unanimous consent that House
Concurrent Resolution 109 be immediately messaged to the
Senate.

The House stood at ease at 9:40 a.m., until the fall of the gavel.

The House resumed session at 10:05 a.m., Speaker Siegrist in the
chair.

On motion by Rants of Woodbury, the House was recessed at 10:08
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:15 p.m., Speaker Siegrist in the chair.

INTRODUCTION OF BILLS

House File 2580, by committee on ways and means, a bill for an
act relating to the deadline for municipalities to file annual financial
reports on urban renewal areas.

Read first time and placed on the ways and means calendar.

House File 2581, by committee on ways and means, a bill for an
act relating to the authorization of the Iowa higher education loan
authority to make loans and issue obligations to make loans to
entities other than educational institutions, and to finance projects to
be leased to educational institutions, and providing that the obliga-
tions and income from obligations are exempt from taxation.

Read first time and placed on the ways and means calendar.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 19, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2197, a bill for an act relating to the determination of fair value of the
shares of dissenting shareholders of a bank or bank holding company.

Also: That the Senate has on April 19, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2455, a bill for an act relating to eligibility for United States armed
forces retired special motor vehicle license plates.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGE CONSIDERED

Senate File 2455, by Iverson and Gronstal, a bill for an act re-
lating to eligibility for United States armed forces retired special
motor vehicle license plates.

Read first time and referred to committee on transportation.

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House File 2577.

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 2577, a bill for an act relating to public improvements
and providing financial assistance to communities and school districts
by creating a school infrastructure program and fund, continuing the
community attraction and tourism program and fund, creating a
vision Iowa board, creating a vision Iowa program and fund, pro-
viding bonding authority to the treasurer of state, and exempting cer-
tain income from taxation, was taken up for consideration.

Teig of Hamilton offered the following amendment H-8969 filed by
him from the floor and moved its adoption:

H-8969

1 Amend House File 2577 as follows:
2 1. Page 3, by inserting after line 25 the
3 following:
4 "Sec. ___. NEW SECTION. 15F.105 BENEFITS.
5 Any applicant awarded financial assistance by the
6 board under both the vision Iowa program established

7 in section 15F.302 and the community attraction and
8 tourism program established in section 15F.202 shall
9 provide and pay at least fifty percent of the cost of
10 a standard medical insurance plan for all full-time
11 employees working at the project after the completion
12 of the project for which financial assistance was
13 received."
14 2. Page 9, line 27, by inserting after the word
15 "located" the following: "or to persons living
16 outside the state".
17 3. Page 9, by striking lines 34 and 35.
18 4. Page 17, by inserting after line 11 the
19 following:
20 "Sec. . NEW SECTION. 12.81 GENERAL AND
21 SPECIFIC BONDING POWERS - SCHOOL INFRASTRUCTURE
22 PROGRAM.
23 1. The treasurer of state may issue bonds for
24 purposes of the school infrastructure program
25 established in section 292.2. Excluding the issuance
26 of refunding bonds, the treasurer of state shall not
27 issue bonds which result in the deposit of bond
28 proceeds of more than fifty million dollars into the
29 school infrastructure fund. The treasurer of state
30 shall have all of the powers which are necessary to
31 issue and secure bonds and carry out the purposes of
32 the fund. The treasurer of state may issue bonds in
33 principal amounts which are necessary to provide funds
34 for the fund as provided by this section, the payment
35 of interest on the bonds, the establishment of
36 reserves to secure the bonds, the costs of issuance of
37 the bonds, other expenditures of the treasurer of
38 state incident to and necessary or convenient to carry
39 out the bond issue for the fund, and all other
40 expenditures of the treasurer of state necessary or
41 convenient to administer the fund. The bonds are
42 investment securities and negotiable instruments
43 within the meaning of and for purposes of the uniform
44 commercial code.
45 2. Bonds issued under this section are payable
46 solely and only out of the moneys, assets, or revenues
47 of the school infrastructure fund and any bond reserve
48 funds, all of which may be deposited with trustees or
49 depositories in accordance with bond or security
50 documents and pledged by the treasurer of state to the

Page 2

1 payment thereof. Bonds issued under this section
2 shall contain on their face a statement that the bonds
3 do not constitute an indebtedness of the state. The
4 treasurer of state shall not pledge the credit or
5 taxing power of this state or any political

6 subdivision of this state or make bonds issued
7 pursuant to this section payable out of any moneys
8 except those in the school infrastructure fund.
9 3. The proceeds of bonds issued by the treasurer
10 of state and not required for immediate disbursement
11 may be deposited with a trustee or depository as
12 provided in the bond documents and invested or
13 reinvested in any investment approved by the treasurer
14 of state and specified in the trust indenture,
15 resolution, or other instrument pursuant to which the
16 bonds are issued without regard to any limitation
17 otherwise provided by law.
18 4. The bonds shall be:
19 a. In a form, issued in denominations, executed in
20 a manner, and payable over terms and with rights of
21 redemption, and be subject to such other terms and
22 conditions as prescribed in the trust indenture,
23 resolution, or other instrument authorizing their
24 issuance.
25 b. Negotiable instruments under the laws of the
26 state and may be sold at prices, at public or private
27 sale, and in a manner, as prescribed by the treasurer
28 of state. Chapters 73A, 74, 74A, and 75 do not apply
29 to the sale or issuance of the bonds.
30 c. Subject to the terms, conditions, and covenants
31 providing for the payment of the principal, redemption
32 premiums, if any, interest, and other terms,
33 conditions, covenants, and protective provisions
34 safeguarding payment, not inconsistent with this
35 section and as determined by the trust indenture,
36 resolution, or other instrument authorizing their
37 issuance.
38 5. The bonds are securities in which public
39 officers and bodies of this state; political
40 subdivisions of this state; insurance companies and
41 associations and other persons carrying on an
42 insurance business; banks, trust companies, savings
43 associations, savings and loan associations, and
44 investment companies; administrators, guardians,
45 executors, trustees, and other fiduciaries; and other
46 persons authorized to invest in bonds or other
47 obligations of the state, may properly and legally
48 invest funds, including capital, in their control or
49 belonging to them.
50 6. Bonds must be authorized by a trust indenture,

Page 3

1 resolution, or other instrument of the treasurer of
2 state. However, a trust indenture, resolution, or
3 other instrument authorizing the issuance of bonds may
4 delegate to an officer of the issuer the power to

5 negotiate and fix the details of an issue of bonds.
6 7. Neither the resolution, trust agreement, nor
7 any other instrument by which a pledge is created
8 needs to be recorded or filed under the Iowa uniform
9 commercial code to be valid, binding, or effective.
10 8. Bonds issued under the provisions of this
11 section are declared to be issued for a general public
12 and governmental purpose and all bonds issued under
13 this section shall be exempt from taxation by the
14 state of Iowa and the interest on the bonds shall be
15 exempt from the state income tax and the state
16 inheritance and estate tax.
17 9. Subject to the terms of any bond documents,
18 moneys in the school infrastructure fund may be
19 expended for administration expenses.
20 10. The treasurer of state may issue bonds for the
21 purpose of refunding any bonds or notes issued
22 pursuant to this section then outstanding, including
23 the payment of any redemption premiums thereon and any
24 interest accrued or to accrue to the date of
25 redemption of the outstanding bonds or notes. Until
26 the proceeds of bonds issued for the purpose of
27 refunding outstanding bonds or notes are applied to
28 the purchase or retirement of outstanding bonds or
29 notes or the redemption of outstanding bonds or notes,
30 the proceeds may be placed in escrow and be invested
31 and reinvested in accordance with the provisions of
32 this section. The interest, income, and profits
33 earned or realized on an investment may also be
34 applied to the payment of the outstanding bonds or
35 notes to be refunded by purchase, retirement, or
36 redemption. After the terms of the escrow have been
37 fully satisfied and carried out, any balance of
38 proceeds and interest earned or realized on the
39 investments may be returned and deposited in the
40 school infrastructure fund. All refunding bonds shall
41 be issued and secured and subject to the provisions of
42 this chapter in the same manner and to the same extent
43 as other bonds issued pursuant to this section.
44 Sec. . NEW SECTION. 12.82 SCHOOL
45 INFRASTRUCTURE AND RESERVE FUNDS.
46 1. A school infrastructure fund is created and
47 established as a separate and distinct fund in the
48 state treasury under the control of the department of
49 education. The fund shall be used for purposes of the
50 school infrastructure program established in section

Page 4

1 292.2.
2 2. Revenue for the school infrastructure fund
3 shall include, but is not limited to, the following,

4 which shall be deposited with the treasurer of state
5 or its designee as provided by any bond or security
6 documents and credited to the fund:
7 a. The proceeds of bonds issued to capitalize and
8 pay the costs of the fund and investment earnings on
9 the proceeds.
10 b. Interest attributable to investment of money in
11 the fund or an account of the fund.
12 c. Moneys in the form of a devise, gift, bequest,
13 donation, federal or other grant, reimbursement,
14 repayment, judgment, transfer, payment, or
15 appropriation from any source intended to be used for
16 the purposes of the fund.
17 3. Moneys in the school infrastructure fund are
18 not subject to section 8.33. Notwithstanding section
19 12C.7, subsection 2, interest or earnings on moneys in
20 the fund shall be credited to the fund.
21 4. The treasurer of state may establish reserve
22 funds to secure one or more issues of bonds or notes
23 issued pursuant to section 12.81. The treasurer of
24 state may deposit in a reserve fund established under
25 this subsection the proceeds of the sale of its bonds
26 or notes and other money which is made available from
27 any other source. The treasurer of state may allow a
28 reserve fund established under this subsection to be
29 depleted.
30 Sec. . NEW SECTION. 12.83 PLEDGES.
31 1. It is the intention of the general assembly
32 that a pledge made in respect of bonds or notes shall
33 be valid and binding from the time the pledge is made,
34 that the money or property so pledged and received
35 after the pledge by the authority shall immediately be
36 subject to the lien of the pledge without physical
37 delivery or further act, and that the lien of the
38 pledge shall be valid and binding as against all
39 parties having claims of any kind in tort, contract,
40 or otherwise against the treasurer of state whether or
41 not the parties have notice of the lien.
42 2. The state pledges to and agrees with the
43 holders of bonds or notes issued under section 12.81,
44 that the state will not limit or alter the rights and
45 powers vested in the treasurer of state to fulfill the
46 terms of a contract made by the treasurer of state
47 with respect to the bonds or notes, or in any way
48 impair the rights and remedies of the holders until
49 the bonds and notes, together with the interest on
50 them including interest on unpaid installments of

Page 5

1 interest, and all costs and expenses in connection
2 with an action or proceeding by or on behalf of the

3 holders, are fully met and discharged. The treasurer
4 of state is authorized to include this pledge and
5 agreement of the state, as it refers to holders of
6 bonds or notes of the authority, in a contract with
7 the holders.
8 Sec. . NEW SECTION. 12.84 LIMITATIONS.
9 Bonds or notes issued pursuant to section 12.81 are
10 not debts of the state, or of any political
11 subdivision of the state and do not constitute a
12 pledge of the faith and credit of the state or a
13 charge against the general credit or general fund of
14 the state. The issuance of any bonds or notes
15 pursuant to section 12.81 by the treasurer of state
16 does not directly, indirectly, or contingently
17 obligate the state or a political subdivision of the
18 state to apply moneys from, or to levy or pledge any
19 form of taxation whatever to, the payment of the bonds
20 or notes. Bonds and notes issued under section 12.81
21 are payable solely and only from the sources and
22 special fund provided in section 12.82. Expenses
23 incurred in carrying out sections 12.81 through 12.83,
24 this section, and section 12.85 are payable solely
25 from funds available under those sections.
26 Sec. . NEW SECTION. 12.85 CONSTRUCTION.
27 Sections 12.81 through 12.84, being necessary for
28 the welfare of this state and its inhabitants, shall
29 be liberally construed to effect its purposes."
30 5. Page 17, line 24, by striking the figure
31 "292.3", and inserting the following: "12.82".
32 6. Page 22, by striking lines 7 and 8 and
33 inserting the following: "requirement. The program
34 shall provide grants in an amount of not more than ten
35 million dollars during the fiscal year beginning July
36 1, 2000, not more than twenty million dollars during
37 the fiscal year beginning July 1, 2001, and not more
38 than twenty million dollars during the fiscal year
39 beginning July 1, 2002."
40 7. Page 23, by striking lines 8 through 16.
41 8. By renumbering, relettering, or redesignating
42 and correcting internal references as necessary.

The House stood at ease at 1:30 p.m., until the fall of the gavel.

The House resumed session at 1:32 p.m., Speaker Siegrist in the
chair.

The House resumed consideration of House File 2577 and amend-
ment H-8969.

On motion by Teig of Hamilton, amendment H-8969 was adopted.

SENATE FILE 2447 SUBSTITUTED FOR HOUSE FILE 2577

Teig of Hamilton asked and received unanimous consent to sub-
stitute Senate File 2447 for House File 2577.

Senate File 2447, a bill for an act relating to public improvements
and providing financial assistance to communities and school districts
by creating a school infrastructure program and fund, continuing the
community attraction and tourism program and fund, creating a
vision Iowa board, creating a vision Iowa program and fund, pro-
viding bonding authority to the treasurer of state, and exempting cer-
tain income from taxation, was taken up for consideration.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8962 filed by him from the floor.

Richardson of Warren offered amendment H-8965 filed by him
from the floor and requested division as follows:

H-8965

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:

H-8965A

3 1. Page 5, line 30, by inserting after the word
4 "impact" the following: ", including any projected
5 increase in revenue received from a local sales and
6 services tax for school infrastructure imposed
7 pursuant to section 422E.2".
8 2. Page 9, by inserting after line 5 the
9 following:
10 "4. If a local sales and services tax for school
11 infrastructure is imposed pursuant to section 422E.2
12 in the county of an applicant receiving financial
13 assistance under the program, any amount of revenue
14 received by the county from the local sales and
15 services tax for school infrastructure above the
16 amount received by the county from the local sales and
17 services tax for school infrastructure at the time the
18 application is approved shall be distributed to all
19 school districts in the state on a per pupil basis."
20 3. Page 24, line 19, by striking the words "a
21 total tax and on".
22 4. Page 24, line 20, by inserting after the word
23 "district." the following: "The department of

24 education, in consultation with the department of
25 revenue and finance and the legislative fiscal bureau,
26 shall annually calculate the sales tax capacity for
27 each school district in order to determine the sales
28 tax capacity for the school district at the fiftieth
29 percentile for purposes of subsection 5."
30 5. Page 25, by striking lines 15 through 17 and
31 inserting the following: "center."
32 6. Page 27, line 4, by striking the word "A" and
33 inserting the following: "Except as provided in
34 subsection 4A, a".

H-8965B

35 7. Page 27, by inserting after line 21 the
36 following:
37 "4A. If all applications are approved or denied
38 during a fiscal year and money is remaining in the
39 fund, a school district may apply for and, upon
40 approval, receive a second grant under the program."
41 8. Page 27, by striking line 25 and inserting the
42 following: "requirement. If a local sales and
43 services tax for infrastructure is imposed pursuant to
44 section 422E.2 in the county of a school district
45 receiving financial assistance under the program, then
46 the school district's grant shall be reduced by an
47 amount equal to the amount of local sales and services
48 tax for infrastructure revenue received by the school
49 district minus the sales tax capacity of the school
50 district at the fiftieth percentile for sales tax

Page 2

1 capacity.
2 5A. The program shall provide grants in an amount
3 of".

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8965B.

On motion by Richardson of Warren, amendment H-8965A lost.

Raecker of Polk offered the following amendment H-8966 filed by
him, Boggess of Page, and Stevens of Dickinson from the floor and
moved its adoption:

H-8966

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:

3 1. Page 7, by inserting after line 28 the
4 following:
5 "8. Of any moneys appropriated for deposit in the
6 fund, up to ten percent may be used for the
7 development of marketing efforts and promotion of Iowa
8 tourism attractions and events in markets outside the
9 state. Moneys for such out-of-state marketing and
10 promotion shall be allocated equally among the three
11 tourism regions in the state."

Amendment H-8966 lost.

Millage of Scott offered the following amendment H-8950 filed by
him from the floor and moved its adoption:

H-8950

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 9, line 9, by inserting after the word
4 "program." the following: "An applicant or the board
5 may divide a proposed project into component parts.
6 The board may choose to provide financial assistance
7 under the program to one or more component parts
8 instead of providing financial assistance under the
9 program for the entire project."

Amendment H-8950 was adopted.

Millage of Scott offered the following amendment H-8952 filed by
him from the floor and moved its adoption:

H-8952

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 9, line 18, by striking the word "fifty"
4 and inserting the following: "sixty".

Amendment H-8952 lost.

Millage of Scott asked and received unanimous consent to
withdraw amendment H-8953 filed by him from the floor.

Connors of Polk asked and received unanimous consent that
amendment H-8971 be deferred.


Millage of Scott offered amendment H-8954 filed by him from the
floor as follows:

H-8954

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 12, line 2, by inserting after the word
4 "dollars." the following: "The board shall not
5 provide financial assistance to an applicant under the
6 vision Iowa program in an amount which exceeds twenty
7 percent of the aggregate principal amount of bonds
8 issued pursuant to this section."

Wise of Lee asked for unanimous consent to defer Senate File
2447.

Objection was raised.

Millage of Scott moved the adoption of amendment H-8954.

Roll call was requested by Millage of Scott and Jager of Black
Hawk.

On the question "Shall amendment H-8954 be adopted?" (S.F.
2447)

The ayes were, 42:
Alons Baudler Bell Boddicker
Bradley Brauns Brunkhorst Cohoon
Dix Doderer Dolecheck Dotzler
Fallon Garman Greiner Hahn
Horbach Houser Jager Jenkins
Jochum Kettering Kreiman Kuhn
Larkin Lord Martin Millage
Nelson-Forbes Rayhons Reynolds Richardson
Shoultz Stevens Sunderbruch Thomas
Van Engelenhoven Van Fossen Weidman Weigel
Wise Witt

 


The nays were, 56:
Arnold Barry Blodgett Boal
Boggess Bukta Carroll Cataldo
Chiodo Connors Cormack Davis
Drake Drees Eddie Falck
Foege Ford Gipp Greimann
Grundberg Heaton Hoffman Holmes
Holveck Huseman Huser Jacobs
Johnson Klemme Larson Mascher
May Mertz Metcalf Mundie
Murphy Myers O'Brien Osterhaus
Parmenter Raecker Rants Scherrman
Schrader Shey Sukup Taylor, D.
Taylor, T. Teig Thomson Tyrrell
Warnstadt Welter Whitead Mr. Speaker
Siegrist

 


Absent or not voting, 2:
Hansen

 


Amendment H-8954 lost.

Raecker of Polk offered the following amendment H-8958 filed by
him and Shey of Linn from the floor and moved its adoption:

H-8958

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 12, line 2, by striking the word "three"
4 and inserting the following: "five".
5 2. Page 15, by striking lines 4 through 6 and
6 inserting the following: "appropriation."

Sukup of Franklin in the chair at 3:10 p.m.

Amendment H-8958 lost.

Blodgett of Cerro Gordo offered the following amendment H-8949
filed by him from the floor and moved its adoption:

H-8949

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 15, line 5, by striking the word
4 "seventy-five" and inserting the following: "fifty".

Speaker Siegrist in the chair at 3:22 p.m.

A non-record roll call was requested.

The ayes were 29, nays 58.

Amendment H-8949 lost.

Raecker of Polk asked and received unanimous consent to
withdraw amendment H-8959 filed by him and Shey of Linn from the
floor.

Millage of Scott offered the following amendment H-8956 filed by
him from the floor and moved its adoption:

H-8956

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 15, line 6, by inserting after the word
4 "fund." the following: "The board shall not award
5 financial assistance from the fund to a county for
6 more than one project."

A non-record roll call was requested.

The ayes were 34, nays 50.

Amendment H-8956 lost.

Jenkins of Black Hawk offered the following amendment H-8955
filed by him and Holmes of Scott from the floor and moved its
adoption:

H-8955

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 15, by striking lines 4 through 6 and
4 inserting the following: "appropriation. Applicants
5 from the same county for all fiscal years shall not
6 together receive financial assistance from the vision
7 Iowa fund in an amount which totals more than the
8 amount determined by the following formula less the
9 total amount received by all persons in the county in
10 all fiscal years under the community attraction and
11 tourism program established in section 15F.202:
12 a. The population of the county, according to the
13 most recent census, divided by the population of the
14 state, according to the most recent census.
15 b. The quotient calculated in paragraph "a"
16 multiplied by two.
17 c. The product calculated in paragraph "b"

18 multiplied by three hundred million dollars.
19 The formula shall not set a limitation lower than
20 ten million dollars for any applicant."

Amendment H-8955 lost.

Raecker of Polk asked and received unanimous consent to with-
draw amendment H-8957 filed by him and Shey of Linn from the
floor.

Boddicker of Cedar offered the following amendment H-8983 filed
by him from the floor and moved its adoption:

H-8983

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 17, line 21, by striking the word
4 "SCHOOL" and inserting the following: "COMMUNITY".
5 2. Page 17, line 23, by striking the word
6 "school" and inserting the following: "community".
7 3. Page 17, line 27, by striking the word
8 "school" and inserting the following: "community".
9 4. Page 18, line 7, by striking the word "school"
10 and inserting the following: "community".
11 5. Page 18, line 17, by striking the word
12 "school" and inserting the following: "community".
13 6. Page 20, line 1, by striking the word "school"
14 and inserting the following: "community".
15 7. Page 20, line 19, by striking the word
16 "school" and inserting the following: "community".
17 8. Page 20, line 24, by striking the word
18 "SCHOOL" and inserting the following: "COMMUNITY".
19 9. Page 20, line 26, by striking the word
20 "school" and inserting the following: "community".
21 10. Page 20, line 29, by striking the word
22 "school" and inserting the following: "community".
23 11. Page 20, line 31, by striking the word
24 "school" and inserting the following: "community".
25 12. Page 23, line 6, by striking the word
26 "school" and inserting the following: "community".
27 13. Page 23, line 16, by striking the word
28 "school" and inserting the following: "community".
29 14. Page 24, line 3, by striking the word
30 "SCHOOL" and inserting the following: "COMMUNITY".
31 15. Page 24, line 6, by striking the word
32 "school" and inserting the following: "community".
33 16. Page 24, line 8, by inserting after the word
34 "needs" the following: "and to counties with
35 infrastructure needs related to county jails. a grant

36 to a county for an infrastructure need related to a
37 county jail may be for a project which has been
38 initiated prior to the time the grant application is
39 submitted".
40 17. Page 26, line 10, by striking the words "The
41 application" and inserting the following: "An
42 application related to school infrastructure".
43 18. Page 27, by inserting after line 3 the
44 following:
45 "3A. An application for jail infrastructure needs
46 shall include, but not be limited to, a description of
47 the project and the total capital investment of the
48 project."
49 19. Page 27, line 4, by inserting after the word
50 "district" the following: "or county".

Page 2

1 20. Page 27, line 21, by inserting after the word
2 "enrollment" the following: "and counties with jail
3 infrastructure needs".
4 21. Page 27, line 32, by inserting after the word
5 "applications" the following: "from school
6 districts".
7 22. Page 28, by inserting after line 2 the
8 following:
9 "6A. The department of corrections shall review
10 all applications from counties for financial
11 assistance related to jail infrastructure under the
12 program and make recommendations regarding the
13 applications to the department of education. The
14 department of education shall make the final
15 determination on grant awards."
16 23. Page 28, line 32, by striking the word
17 "school" and inserting the following: "community".
18 24. Title page, line 3, by striking the word
19 "school" and inserting the following: "community".

Sukup of Franklin in the chair at 3:45 p.m.

Amendment H-8983 lost.

Kuhn of Floyd offered the following amendment H-8976 filed by
Kuhn, Wise of Lee, Richardson of Warren, Mascher of Johnson,
Kreiman of Davis, Bukta of Clinton, Greimann of Story, Foege of
Linn, Witt of Black Hawk, Larkin of Lee, Fallon of Polk, Cohoon of
Des Moines, Scherrman of Dubuque, and Osterhaus of Jackson from
the floor and moved its adoption:


H-8976

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 17, line 26, by striking the word "fifty"
4 and inserting the following: "seventy-five".

Roll call was requested by Kuhn of Floyd and Wise of Lee.

Rule 75 was invoked.

On the question "Shall amendment H-8976 be adopted?" (S.F.
2447)

The ayes were, 39:
Bell Boddicker Bukta Cohoon
Connors Dotzler Falck Fallon
Foege Garman Greimann Greiner
Jochum Kreiman Kuhn Larkin
Mascher May Mertz Mundie
Murphy Myers O'Brien Osterhaus
Parmenter Raecker Rayhons Reynolds
Richardson Scherrman Schrader Shoultz
Stevens Thomas Warnstadt Weigel
Whitead Wise Witt

 


The nays were, 59:
Alons Arnold Barry Baudler
Boal Boggess Bradley Brauns
Brunkhorst Carroll Cataldo Chiodo
Cormack Davis Dix Doderer
Dolecheck Drake Drees Eddie
Ford Gipp Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Rants Shey Siegrist, Spkr.
Sunderbruch Taylor, D. Taylor, T. Teig
Thomson Tyrrell Van Engelenhoven Van Fossen
Weidman Welter Sukup,
Presiding

 


Absent or not voting, 2:
Frevert

 



Amendment H-8976 lost.

Millage of Scott asked and received unanimous consent to with-
draw amendment H-8951 filed by him from the floor.

Teig of Hamilton offered the following amendment H-8968 filed by
him from the floor and moved its adoption:

H-8968

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 23, line 13, by inserting after the word
4 "fifty" the following: "percent".
5 2. Page 27, line 30, by inserting after the
6 figure "2002." the following: "If the amount of
7 grants awarded in a fiscal year is less than the
8 maximum amount provided for grants for that fiscal
9 year in this subsection, the amount of the difference
10 shall be carried forward to subsequent fiscal years
11 for purposes of providing grants under the program and
12 the maximum amount of grants for each fiscal year, as
13 provided in this subsection, shall be adjusted
14 accordingly."

Amendment H-8968 was adopted.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8960 filed by him from the floor.

Rayhons of Hancock offered the following amendment H-8972 filed
by him from the floor and moved its adoption:

H-8972

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 24, line 2, by inserting after the word
4 "field." the following: ""School infrastructure" may
5 include bonded indebtedness for activities included
6 under the definition in this subsection and initiated
7 prior to July 1, 2000."

Amendment H-8972 lost.

Hoffman of Crawford offered amendment H-8948 filed by him as
follows:

H-8948

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 28, by inserting after line 29 the
4 following:
5 "9. A school district located in a county which
6 has imposed a sales and services tax for school
7 infrastructure pursuant to section 422E.2 and has
8 sales and services tax revenue of more than five
9 hundred thirteen dollars per pupil shall not be
10 eligible for financial assistance under the program."

Hoffman of Crawford asked and received unanimous consent that
amendment H-8948 be deferred.

Richardson of Warren asked and received unanimous consent that
amendment H-8961 be deferred.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8964 filed by him from the floor, placing
amendment H-8975 filed by Richardson of Warren from the floor, out
of order.

Dolecheck of Ringgold offered the following amendment H-8982
filed by him from the floor and moved its adoption:

H-8982

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 28, by inserting after line 29 the
4 following:
5 "9. If a school district receives financial
6 assistance under the vision Iowa program created under
7 section 15F.302 pursuant to a joint application
8 submitted under section 15F.302, subsection 3, the
9 school district shall not be eligible to receive
10 financial assistance under the school infrastructure
11 program."

Amendment H-8982 was adopted.

Millage of Scott asked and received unanimous consent that
amendment H-8963 be deferred.


Shoultz of Black Hawk offered the following amendment H-8992
filed by him from the floor and moved its adoption:

H-8992

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 29, by inserting after line 11 the
4 following:
5 "Sec. ___. APPROPRIATIONS.
6 1. For the fiscal year beginning July 1, 2000,
7 there is appropriated from the Iowa economic emergency
8 fund created in section 8.55, to the department of
9 economic development two hundred million dollars for
10 deposit in the vision Iowa fund created in section
11 12.72, notwithstanding any contrary provisions of
12 section 8.55.
13 2. For the fiscal year beginning July 1, 2001, and
14 for each of the two succeeding fiscal years,
15 notwithstanding section 8.57, subsection 5, paragraph
16 "c", there is appropriated from the rebuild Iowa
17 infrastructure fund to the department of education
18 twenty-five million dollars for deposit in the school
19 infrastructure fund created in section 12.82."
20 2. Title page, line 6, by striking the word
21 "and".
22 3. Title page, line 7, by inserting after the
23 word "taxation" the following: ", and making
24 appropriations".
25 4. By renumbering as necessary.

Amendment H-8992 lost.

Hoffman of Crawford asked and received unanimous consent to
withdraw amendment H-8973 filed by him and Richardson of Warren
from the floor.

Richardson of Warren offered the following amendment H-8974
filed by him from the floor and moved its adoption:

H-8974

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, line 7, by inserting after the word
4 "senate." the following: "However, the member listed
5 in subsection 2, paragraph "c" shall not be subject to
6 confirmation by the senate."
7 2. Page 2, line 15, by inserting after the word

8 "counties." the following: "Three of the members
9 listed in subsection 2, paragraphs "a" and "d", shall
10 be from a county that has a population of less than
11 fifty thousand according to the 1990 census."
12 3. Page 6, by inserting after line 19 the
13 following:
14 "6. Upon denial of an application for financial
15 assistance under the program, the board shall notify
16 the applicant regarding the reasons for the denial of
17 the application."

Amendment H-8974 lost.

Teig of Hamilton asked and received unanimous consent that
amendment H-8994 be deferred.

Fallon of Polk offered amendment H-8977 filed by him from the
floor as follows:

H-8977

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, by inserting after line 32 the
4 following:
5 "f. A discussion of the manner in which the
6 project has taken the following planning principles
7 into consideration during the planning of the project:
8 (1) Efficient and effective use of land resources
9 and existing infrastructure by encouraging development
10 in areas with existing infrastructure or capacity to
11 avoid costly duplication of services and costly use of
12 land.
13 (2) Provision for a variety of transportation
14 choices, including neighborhoods conducive to
15 pedestrian traffic.
16 (3) Maintenance of a unique sense of place by
17 respecting local cultural and natural environmental
18 features.
19 (4) Conservation of open space and farmland and
20 preservation of critical environmental areas.
21 (5) Promotion of the safety, livability, and
22 revitalization of existing urban and rural
23 communities."
24 2. Page 8, by inserting after line 32 the
25 following:
26 "h. A discussion of the manner in which the
27 project has taken the following planning principles
28 into consideration during the planning of the project:
29 (1) Efficient and effective use of land resources

30 and existing infrastructure by encouraging development
31 in areas with existing infrastructure or capacity to
32 avoid costly duplication of services and costly use of
33 land.
34 (2) Provision for a variety of transportation
35 choices, including neighborhoods conducive to
36 pedestrian traffic.
37 (3) Maintenance of a unique sense of place by
38 respecting local cultural and natural environmental
39 features.
40 (4) Conservation of open space and farmland and
41 preserve critical environmental areas.
42 (5) Promotion of the safety, livability, and
43 revitalization of existing urban and rural
44 communities."

Fallon of Polk offered the following amendment H-8988, to amend-
ment H-8977, filed by him from the floor and moved its adoption:

H-8988

1 Amend the amendment, H-8977, to Senate File 2447,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 14, by striking the words
5 "neighborhoods conducive to".
6 2. Page 1, line 35, by striking the words
7 "neighborhoods conducive to".

Amendment H-8988 was adopted.

Fallon of Polk moved the adoption of amendment H-8977, as
amended.

A non-record roll call was requested.

The ayes were 38, nays 49.

Amendment H-8977, as amended, lost.

Fallon of Polk offered amendment H-8978 filed by him from the
floor as follows:

H-8978

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, by inserting after line 9 the

4 following:
5 "g. The extent to which the project has taken the
6 following planning principles into consideration:
7 (1) Efficient and effective use of land resources
8 and existing infrastructure by encouraging development
9 in areas with existing infrastructure or capacity to
10 avoid costly duplication of services and costly use of
11 land.
12 (2) Provision for a variety of transportation
13 choices, including neighborhoods conducive to
14 pedestrian traffic.
15 (3) Maintenance of a unique sense of place by
16 respecting local cultural and natural environmental
17 features.
18 (4) Conservation of open space and farmland and
19 preservation of critical environmental areas.
20 (5) Promotion of the safety, livability, and
21 revitalization of existing urban and rural
22 communities."
23 2. Page 11, by inserting after line 13 the
24 following:
25 "h. The extent to which the project has taken the
26 following planning principles into consideration:
27 (1) Efficient and effective use of land resources
28 and existing infrastructure by encouraging development
29 in areas with existing infrastructure or capacity to
30 avoid costly duplication of services and costly use of
31 land.
32 (2) Provision for a variety of transportation
33 choices, including neighborhoods conducive to
34 pedestrian traffic.
35 (3) Maintenance of a unique sense of place by
36 respecting local cultural and natural environmental
37 features.
38 (4) Conservation of open space and farmland and
39 preserve critical environmental areas.
40 (5) Promotion of the safety, livability, and
41 revitalization of existing urban and rural
42 communities."

Fallon of Polk offered the following amendment H-8987, to
amendment H-8978, filed by him from the floor and moved its
adoption:

H-8987

1 Amend the amendment, H-8978, to Senate File 2447,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 13, by striking the words
5 "neighborhoods conducive to".

6 2. Page 1, line 33, by striking the words
7 "neighborhoods conducive to".

Amendment H-8987 was adopted.

On motion by Fallon of Polk amendment H-8978, as amended, was
adopted.

Weigel of Chickasaw offered the following amendment H-8980 filed
by him from the floor and moved its adoption:

H-8980

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, line 1, by inserting after the word
4 "project." the following: "The total cost of a
5 project shall not exceed two million dollars."

Speaker Siegrist in the chair at 5:43 p.m.

Amendment H-8980 lost.

Weigel of Chickasaw offered the following amendment H-8985 filed
by him from the floor and moved its adoption:

H-8985

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, line 1, by inserting after the word
4 "project." the following: "Not more than five million
5 dollars of moneys from the fund shall be awarded to
6 projects in the same county over the lifetime of the
7 program."
8 2. Page 15, line 6, by inserting after the word
9 "fund." the following: "Not more than seventy-five
10 million dollars of moneys from the fund shall be
11 awarded to projects in the same county over the
12 lifetime of the program."

A non-record roll call was requested.

The ayes were 36, nays 50.

Amendment H-8985 lost.


Weigel of Chickasaw offered the following amendment H-8981 filed
by him from the floor and moved its adoption:

H-8981

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 9, line 7, by striking the word "twenty"
4 and inserting the following: "five".

Amendment H-8981 lost.

Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-8971, previously deferred, filed by him from
the floor, placing amendments H-8986 and H-8984 to amendment H-
8971, filed by Shoultz of Black Hawk from the floor, out of order.

Hoffman of Crawford called up for consideration amendment H-
8948, previously deferred, found on page 1640 of the House Journal.

The following amendments to amendment H-8948 were withdrawn
by unanimous consent:

Amendment H-8990 filed by Hoffman of Crawford from the floor.
Amendment H-8991 filed by Hoffman of Crawford from the floor.
Amendment H-8970 filed by Cormack of Webster and Mundie of
Webster from the floor.

Hoffman of Crawford offered the following amendment H-8995, to
amendment H-8948, filed by him, Cormack of Webster, and Mundie
of Webster from the floor and moved its adoption:

H-8995

1 Amend the amendment, H-8948, to Senate File 2447,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 5 through 10 and
5 inserting the following:
6 " "9. A school district located in whole or in part
7 in a county which has imposed the maximum rate of
8 sales and services tax for school infrastructure
9 pursuant to section 422E.2 and has sales and services
10 tax for school infrastructure revenue of more than the
11 statewide average of sales tax capacity per pupil, as
12 defined in section 292.1, subsection 8, shall not be

13 eligible for financial assistance under the program.
14 For purposes of this subsection, an individual school
15 district's sales tax capacity per pupil is the
16 estimated total sales and services tax for
17 infrastructure revenue to be actually received by the
18 school district divided by the school district's
19 enrollment as specified in section 292.1, subsection
20 8." "

Amendment H-8995 was adopted.

On motion by Hoffman of Crawford amendment H-8948, as
amended, was adopted, placing amendment H-8961, previously
deferred, filed by Richardson of Warren from the floor, out of order.

Millage of Scott asked and received unanimous consent to
withdraw amendment H-8963, previously deferred, filed by him from
the floor.

The House stood at ease at 6:23 p.m., until the fall of the gavel.

The House resumed session and consideration of Senate File 2447,
at 6:25 p.m., Speaker Siegrist in the chair.

Falck of Fayette offered the following amendment H-8994,
previously deferred, filed by him, Hoffman of Crawford, Houser of
Pottawattamie, Reynolds of Van Buren, and Wise of Lee from the
floor and moved its adoption:

H-8994

1 Amend Senate File 2447, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, line 16, by striking the word "and"
4 and inserting the following: "or".
5 2. Page 5, by striking line 25 and inserting the
6 following: "quality of life or the quality of
7 attraction or tourism employment in the community."
8 3. Page 5, line 27, by striking the words "and
9 tourism" and inserting the following: "or tourism".

Amendment H-8994 was adopted.

Carroll of Poweshiek in the chair at 6:42 p.m.
Teig of Hamilton 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. 2447)

The ayes were, 72:
Alons Arnold Barry Bell
Blodgett Boal Boggess Brauns
Bukta Cataldo Chiodo Connors
Cormack Davis Dolecheck Dotzler
Drake Eddie Falck Fallon
Foege Ford Gipp Greimann
Grundberg Hansen Heaton Hoffman
Holmes Holveck Huseman Huser
Jacobs Jochum Johnson Klemme
Larkin Larson Martin Mascher
May Mertz Metcalf Mundie
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Raecker Rants Reynolds
Richardson Scherrman Schrader Shey
Siegrist, Spkr. Stevens Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Fossen Warnstadt
Weidman Welter Whitead Carroll,
Presiding

 


The nays were, 27:
Baudler Boddicker Bradley Brunkhorst
Cohoon Dix Doderer Drees
Garman Greiner Hahn Horbach
Houser Jager Jenkins Kettering
Kreiman Kuhn Lord Millage
Parmenter Rayhons Shoultz Van Engelenhoven
Weigel Wise Witt

 


Absent or not voting, 1:
Frevert

 


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

HOUSE FILE 2577 WITHDRAWN

Teig of Hamilton asked and received unanimous consent to with-
draw House File 2577 from further consideration by the House.
IMMEDIATE MESSAGE


Rants of Woodbury asked and received unanimous consent that
Senate File 2447 be immediately messaged to the Senate.

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 19, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House Joint Resolution 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.

Also: That the Senate has on April 19, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2206, a bill for an act providing for the waiver or variance of
administrative rules by state agencies.

Also: That the Senate has on April 19, 2000, amended and passed the following bill
in which the concurrence of the House is asked:

House File 2557, a bill for an act relating to the state's disposition of unclaimed
property law by setting a limit on the retention of abandoned property records and
requiring the filing of rules setting requirements and conditions for hiring independent
auditors.

Also: That the Senate has on April 19, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2565, a bill for an act relating to tobacco use prevention and control and
providing an effective date.

Also: That the Senate has on April 19, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2569, a bill for an act exempting the sale of livestock ear tags by certain
nonprofit organizations from the sales and use taxes.

Also: That the Senate has on April 19, 2000, adopted the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 15, a concurrent resolution urging the Governor to
appoint a commission to develop design proposals for Iowa's participation in the United
States Mint's 50 state quarters program.

Also: That the Senate has on April 19, 2000, adopted the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 103, a concurrent resolution relating to the fair
treatment of women in the drafting of wills and trusts by estate planners, trust
officers, investment advisers, and other financial planners and advisers.

Also: That the Senate has on April 19, 2000, adopted the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 116, a concurrent resolution urging the Governor to
appoint a commission to develop design proposals for Iowa's participation in the United
States Mint's 50 state quarters program and to direct the commission to develop
designs incorporating the Loess Hills as a symbol for the state.

Also: That the Senate has on April 19, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2395, a bill for an act relating to the creation of an information
technology department and making related changes.

Also: That the Senate has on April 19, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2425, a bill for an act providing an assistive device tax credit under the
individual and corporate taxes for the acquisition or modification of assistive
technology or the modification of the workplace in order to assist persons with a
disability in the workplace, limiting the total amount of credits allowed, and including
an effective and retroactive applicability date provision.

Also: That the Senate has on April 19, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2453, a bill for an act relating to and making appropriations from the
rebuild Iowa infrastructure fund to state departments and agencies, including the
department for the blind, the department of corrections, the department of cultural
affairs, the department of economic development, the department 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,
providing for contingent effectiveness, and providing effective dates.

Also: That the Senate has on April 19, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2457, a bill for an act relating to certification of the need for the
physical plant and equipment property tax levy in certain urban renewal areas and
providing an applicability date.

Also: That the Senate has on April 19, 2000, adopted the following resolution in
which the concurrence of the House is asked:
Senate Concurrent Resolution 114, a concurrent resolution requesting the office of
the attorney general to establish an operating while intoxicated (OWI) task force to

review the clarity, complexity, and functionality of current operating while intoxicated
Code provisions and to make recommendations to the general assembly.

Also: That the Senate has on April 19, 2000, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 116, a concurrent resolution urging the Governor to
appoint a commission to develop design proposals for Iowa's participation in the United
States Mint's 50 state quarters program and to direct the commission to develop
designs incorporating the Old Capitol as a symbol for the state.

MICHAEL E. MARSHALL, Secretary

INTRODUCTION OF BILLS

House File 2582, by Davis, a bill for an act establishing a
pharmaceutical assistance program for elderly Iowans, providing a
penalty, and providing an appropriation.

Read first time and referred to committee on appropriations.

House File 2583, by Davis, a bill for an act providing a
prescription drug tax credit and including a retroactive applicability
date provision.

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

SENATE MESSAGES CONSIDERED

Senate File 2425, by committee on ways and means, a bill for an
act providing an assistive device tax credit under the individual and
corporate taxes for the acquisition or modification of assistive
technology or the modification of the workplace in order to assist
persons with a disability in the workplace, limiting the total amount
of credits allowed, and including an effective and retroactive
applicability date provision.

Read first time and passed on file.

Senate File 2453, by committee on appropriations, a bill for an
act relating to and making appropriations from the rebuild Iowa
infrastructure fund to state departments and agencies, including the
department for the blind, the department of corrections, the
department of cultural affairs, the department of economic

development, the department 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, providing for
contingent effectiveness, and providing effective dates.

Read first time and passed on file.

Senate File 2457, by committee on ways and means, a bill for an
act relating to certification of the need for the physical plant and
equipment property tax levy in certain urban renewal areas and
providing an applicability date.

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

Rants of Woodbury asked and received unanimous consent for the
committee on appropriations to meet immediately upon adjournment.

COMMUNICATION FROM THE STATE APPEAL BOARD

The following communication was received from the State Appeal
Board on April 18, 2000, and is on file in the office of the Chief Clerk:

April 17, 2000

Chief Clerk
House of Representatives
Statehouse
L O C A L

Dear Chief Clerk:

There are transmitted herewith claims against the State of Iowa to be filed with the
Claims Committee of the House of Representatives.

These include 6 claims of general nature that were denied by the State Appeal
Board at the March 9 and April 3, 2000, State Appeal Board meeting. This
supplements our filing of February 7, 2000.

The attached index shows claim number, name and address of claimant and the
amount requested in the claim.
If you need further information regarding the above, please contact Ronald A.
Amosson at (515) 281-3078.


Sincerely,
Cynthia P. Eisenhauer
Chairperson
STATE APPEAL BOARD

Receipt of the above is hereby acknowledged.

ELIZABETH A. ISAACSON
Chief Clerk of the House

DENIED GENERAL CLAIMS BY THE STATE APPEAL BOARD
SUBMITTED TO THE 78TH GENERAL ASSEMBLY
March 2000 through April 2000

Claim Full Name City Type Amount

G000220 City of Sheldon Sheldon, IA Transportation $493.73

G980585 North Central Clear Lake, IA License $1,755.68
Trucking Refund

G990143 Allen Memorial Waterloo, IA Drug $60.00
Hospital Screening

G990292 M & K Trucking - Sheldon, IA License $454.40
Monte Wallenberg Refund

G990370 Allen Memorial Waterloo, IA Lab Fees $44.00
Hospital

G990390 Children & Families Des Moines, IA Court Ordered $881.16
of Iowa

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 19, 2000.
Had I been present, I would have voted "aye" on House File 2008 and
Senate File 2144.

ALONS of Sioux

I was necessarily absent from the House chamber on April 19, 2000.
Had I been present, I would have voted "aye" on House File 2008,
House Concurrent Resolution 109 and Senate File 2144.

BRUNKHORST of Bremer

I was necessarily absent from the House chamber on March 28
through April 17, 2000. Had I been present, I would have voted "aye"
on House Files 475, 723, 2146, 2198, 2317, 2331, 2362, 2373, 2377,

2391, 2419, 2429, 2437, 2463, 2477, 2491, 2492, 2502, 2510, 2511,
2513, 2528, 2533, 2538, 2540, 2550, 2554, 2557, 2561, 2565, Senate
Joint Resolution 2005, Senate Files 419, 421, 466, 2047, 2079, 2092,
2113, 2126, 2141, 2143, 2146, 2214, 2238, 2249, 2252, 2254, 2267,
2294, 2302, 2307, 2308, 2312, 2313, 2324, 2329, 2331, 2342, 2348,
2360, 2366, 2371, 2390, 2395, 2416, 2418, 2420, 2424, 2426, 2428,
2429, 2435, 2439 and amendments H-8907 to House File 2548; H-
8595, H-8602, H-8603 to House File 2549; H-8626, H-8630, H-8631,
H-8634, H-8641, H-8642 to House File 2552; H-8874 to House File
2562; H-8900 to House File 2565; H-8719 to Senate File 2302; H-
8695, H-8696, H-8699, H-8700 to Senate File 2428; H-8885 to Senate
File 2429; H-8724 to Senate File 2430; H-8832, H-8834 to Senate File
2435; H-8804 to Senate File 2443; and "nay" on House Joint
Resolution 2014, House Files 2548, 2549, 2552, 2562 and Senate Files
2274, 2430 and 2443.

FREVERT of Palo Alto

I was necessarily absent from the House chamber on April 19, 2000.
Had I been present, I would have voted "aye" on House File 2008 and
Senate File 2144.

O'BRIEN of Boone

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 19th day of April, 2000: House Files 2170, 2362, 2377, 2511 and 2533.

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 19, 2000, he approved and transmitted to the Secretary of
State the following bills:

House File 2470, an act relating to the office of the state public defender including
indigent defense costs and the appropriation of indigent defense funds.

House File 2486, an act relating to the taking of fish and game by establishing
residency requirements, authorizing the taking of deer and the use of certain
mechanical devices for taking deer within a city, and methods of taking fish and
subjecting violators to an existing penalty.

House File 2492, an act relating to certain state and municipal agencies by making
changes relating to the provision of and training for fire protection service and
emergency medical service and by amending the powers and duties of townships and
township officers.

House File 2510, an act relating to operating while intoxicated, including ignition
interlock provisions.

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

Senate File 2249, an act relating to a state agency purchasing preference for bio-
based hydraulic fluids, greases, and other industrial lubricants.

Senate File 2312, an act relating to pseudorabies control, making penalties
applicable, for implementation and providing an effective date.

Senate File 2348, an act relating to the loess hills development and conservation
authority by creating a hungry canyons alliance, providing membership guidelines for
board of directors of the conservation authority and loess hills alliance, and providing
for the assistance of state agencies.

Senate File 2360, an act relating to state and local administrative and employment
provisions involving human services and providing an effective date.

Senate File 2418, an act relating to certification of property taxes by townships and
providing an effective date.

Senate File 2420, an act relating to the administration and enforcement of the
replacement tax imposed on the generation, transmission, and delivery, consumption,
and use of electricity and natural gas, providing for the Act's retroactive applicability,
and providing an effective date.

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\851 Betty Millen, West Des Moines - For her 28 years of dedicated service,
commitment and loyalty, to the Iowa House of Representatives and
staff.

2000\852 Iowa Gamma Chapter of Sigma Alpha Epsilon, Iowa State University -
For their exemplary actions in making SAE an alcohol-free house and,
scholastically, one of the top fraternities on campus.

2000\853 Phyllis Jans, Westside - For celebrating her 80th birthday.

2000\854 Bernice Willson, Mapleton - For celebrating her 80th birthday.

2000\855 Arlis and Leonard Petersen, Ute - For celebrating their 50th wedding
anniversary.

2000\856 Edna Campbell, Onawa - For celebrating her 94th birthday.

2000\857 Helen Wetzel, Manilla - For celebrating her 98th birthday.

2000\858 Vera McNally, Grinnell - For celebrating her 90th birthday.

2000\859 Irene and Bob Criswell, Kellogg - For celebrating their 50th wedding
anniversary.

2000\860 Doris and Leonard Cline, Guernsey - For celebrating their 50th
wedding anniversary.

2000\861 Doris Lemke, Adair - For celebrating her 80th birthday.

2000\862 Dorothy Petersen, Battle Creek - For celebrating her 80th birthday.

2000\863 Ruby Swanger, Battle Creek - For celebrating her 80th birthday.

2000\864 Marie Folgero, Slater - For celebrating her 99th birthday.

2000\865 Joan and Leonard Buch, Fairfield - For celebrating their 50th wedding
anniversary.

2000\866 Caroline and George Wander, West Clermont - For celebrating their
54th wedding anniversary.

2000\867 Marjorie and George Hood, Woodbine - For celebrating their 60th
wedding anniversary.


2000\868 Lorraine and Walter Kay, Holstein - For celebrating their 50th wedding
anniversary.

2000\869 Mark Muxfeldt, Story City - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\870 Michael John David Yeoman, Johnston - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.

2000\871 Brad Hammes, Wilton - For being elected as President for the Iowa
Future Farmers of America.

2000\872 St. Ansgar Future Farmers of America, St. Ansgar - For being named
the top FFA Chapter in the state.

SUBCOMMITTEE ASSIGNMENTS

House File 2579

Appropriations: Heaton, Chair; Gipp and Murphy.

Senate File 2455

Transportation: Eddie, Chair; May and Welter.

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 WAYS AND MEANS

House File 2084, a bill for an act prohibiting body piercing of persons less than
eighteen years of age without prior written notarized consent of a parent, providing for
injunctive relief, and providing a penalty.

Fiscal Note is not required.

Recommended Do Pass April 18, 2000.

Senate File 2427, a bill for an act relating to the definition of factory-built
structures, the certification of installers of manufactured homes and providing for a
fee, an appropriation, and a civil penalty.
Fiscal Note is not required.

Recommended Do Pass April 18, 2000.

Senate File 2438, a bill for an act relating to the creation of a water quality
district, providing for the levy of a tax, and providing for other properly related
matters.

Fiscal Note is not required.

Recommended Do Pass April 18, 2000.

Committee Bill (Formerly House File 2507), relating to urban renewal and urban
revitalization and providing for the Act's applicability.

Fiscal Note is not required.

Recommended Amend and Do Pass April 18, 2000.

Committee Bill (Formerly House Study Bill 756), relating to the authorization of
the Iowa higher education loan authority to make loans and issue obligations to make
loans to entities other than educational institutions, and to finance projects to be
leased to educational institutions, and providing that the obligations and income from
obligations are exempt from taxation.

Fiscal Note is not required.

Recommended Amend and Do Pass April 18, 2000.

Committee Bill (Formerly House Study Bill 771), relating to the size of an estate
that may be distributed by affidavit, making related changes, and providing for the
Act's applicability.

Fiscal Note is not required.

Recommended Do Pass April 18, 2000.

AMENDMENTS FILED

H-8967 H.F. 2576 Horbach of Tama
H-8979 S.F. 2433 Weigel of Chickasaw
H-8989 H.F. 2557 Senate Amendment
H-8993 S.F. 2327 Mundie of Webster
H-8996 H.F. 2572 Huser of Polk
Dotzler of Black Hawk
H-8997 H.F. 2574 Gipp of Winneshiek
H-8998 H.F. 2530 Raecker of Polk
H-8999 H.F. 2560 Weigel of Chickasaw
H-9000 S.F. 2438 Sukup of Franklin
H-9001 H.F. 2580 Jenkins of Black Hawk
H-9002 S.F. 2332 Mascher of Johnson

H-9003 S.F. 2332 Mascher of Johnson
H-9004 S.F. 2332 Mascher of Johnson
H-9005 S.F. 2332 Mascher of Johnson
H-9006 S.F. 2332 Jochum of Dubuque
H-9007 S.F. 2332 Mascher of Johnson
Jochum of Dubuque
H-9008 S.F. 2332 Greimann of Story
H-9009 H.F. 2530 Wise of Lee
H-9010 S.F. 2453 Gipp of Winneshiek
H-9011 S.F. 2332 Mascher of Johnson

On motion by Rants of Woodbury the House adjourned at 9:33
p.m., until 9:15 a.m., Thursday, April 20, 2000.


Previous Day: Tuesday, April 18Next Day: Thursday, April 20
Senate Journal: Index House Journal: Index
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