House Journal: Wednesday, January 24, 2001
JOURNAL OF THE HOUSE
Seventeenth Calendar Day - Twelfth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, January 24, 2001
The House met pursuant to adjournment at 8:47 a.m., Dix of
Butler in the chair.
Prayer was offered by Reverend Donna Joseph, pastor of Unity
Lutheran Church, Des Moines.
The Journal of Tuesday, January 23, 2001 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk, until his arrival, on request of Myers of Johnson.
INTRODUCTION OF BILLS
House File 83, by Brauns and Hahn, a bill for an act relating to
the standard for investment of retirement funds by municipal
utilities.
Read first time and referred to committee on commerce and
regulation.
House File 84, by Rayhons, Mertz, and Klemme, a bill for an act
relating to the drainage of land involving improvements.
Read first time and referred to committee on agriculture.
House File 85, by Grundberg, a bill for an act providing a
refundable newborn tax credit under the individual income tax and
including effective date and retroactive applicability date provisions.
Read first time and referred to committee on ways and means.
House File 86, by Brunkhorst, a bill for an act relating to the
recruitment of former Iowans and making an appropriation.
Read first time and referred to committee on economic
development.
House File 87, by Shoultz, a bill for an act exempting property
passing to a stepgrandchild from the state inheritance tax and
including an applicability date provision.
Read first time and referred to committee on ways and means.
House File 88, by Heaton, a bill for an act establishing an income
tax deduction for certain volunteer emergency medical services
providers and volunteer fire fighters and providing a retroactive
applicability date.
Read first time and referred to committee on ways and means.
House File 89, by committee on education, a bill for an act
relating to the supervision of curriculum received via the Iowa
communications network.
Read first time and placed on the calendar.
House File 90, by May, a bill for an act relating to the maximum
length allowable for certain combinations of vehicles traveling on the
highways of the state.
Read first time and referred to committee on transportation.
House File 91, by Heaton, a bill for an act relating to windshield
wiper operation and the use of certain vehicle lights and making a
penalty applicable.
Read first time and referred to committee on transportation.
House File 92, by Gipp and Jacobs, a bill for an act relating to
mandatory disclosures in certain political telephone communications,
and applying a penalty.
Read first time and referred to committee on state government.
House File 93, by Richardson, a bill for an act relating to the
inclusion of income of a parent's spouse in the calculation of the
parent's child support obligation.
Read first time and referred to committee on human resources.
House File 94, by Richardson, a bill for an act relating to the
discarding of solid waste and providing a penalty.
Read first time and referred to committee on environmental
protection.
House File 95, by Dotzler, Weidman and Huseman, a bill for an
act relating to the time of possession of deer venison, increasing the
minimum fine for unlawful taking, possessing, injuring, or
transporting protected species and game, and subjecting violators to a
penalty.
Read first time and referred to committee on natural resources.
House File 96, by Tyrrell, a bill for an act providing an exemption
from state individual income tax for pension and retirement income
and providing a retroactive applicability date.
Read first time and referred to committee on ways and means.
House File 97, by Brunkhorst, a bill for an act relating to
applications for absentee ballots by eligible electors.
Read first time and referred to committee on state government.
House File 98, by Baudler, a bill for an act relating to residency
and other requirements of brood mares producing Iowa-foaled
racehorses.
Read first time and referred to committee on state government.
House File 99, by Barry, Boggess, Klemme, Johnson, De Boef,
Roberts, O'Brien, Mertz, May, and Rayhons, a bill for an act relating
to a requirement that the state department of transportation give
preference to soydiesel fuel when purchasing fuel for use in its
vehicles.
Read first time and referred to committee on transportation.
House File 100, by Huser, a bill for an act relating to the
registration and regulation of off-highway vehicles, providing fees,
making penalties applicable, and providing an effective date.
Read first time and referred to committee on transportation.
House File 101, by Baudler, a bill for an act requiring motor
vehicle operators to take certain precautions when passing certain
stationary vehicles and providing a penalty.
Read first time and referred to committee on transportation.
On motion by Rants of Woodbury, the House was recessed at 9:01
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:02 p.m., Speaker Siegrist in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-six members present, thirty-
four absent.
INTRODUCTION OF BILLS
House File 102, by Bradley, a bill for an act relating to moving
traffic violations in school zones and increasing fines.
Read first time and referred to committee on transportation.
House File 103, by committee on labor and industrial relations, a
bill for an act relating to information included in written promotional
materials distributed by the department of economic development.
Read first time and placed on the calendar.
CONSIDERATION OF BILL
Regular Calendar
House File 1, a bill for an act relating to the exemption during a
certain period from the sales and use taxes of the gross receipts from
the sale, furnishing, or service of metered gas and electricity and of
fuel used for heating of residential-type dwellings and including an
effective date, was taken up for consideration.
SPECIAL PRESENTATION
Speaker Siegrist introduced to the House the Honorable Don
Hanson, former state representative from Black Hawk County.
The House rose and expressed its welcome.
Carroll of Poweshiek in the chair at 1:17 p.m.
Sukup of Franklin offered amendment H-1011 filed by the
committee on ways and means as follows:
H-1011
1 Amend House File 1 as follows:
2 1. Page 1, line 4, by striking the words "and
3 electricity".
4 2. Page 1, by striking lines 5 and 6 inserting
5 the following: "provide energy for residential
6 customers and the".
7 3. Page 1, line 12, by striking the words "and
8 electricity".
9 4. Page 1, line 13, by striking the word "heat"
10 and inserting the following: "energy".
11 5. Page 1, line 14, by inserting after the figure
12 "2001," the following: "or April 2001,".
13 6. Page 1, line 14, by striking the word "and"
14 and inserting the following: "or".
15 7. Page 1, line 17, by inserting after the figure
16 "2001" the following: "or March 2001".
17 8. Title page, line 3, by striking the words "and
18 electricity".
19 9. Title page, line 4, by striking the words "for
20 heating of" and inserting the following: "in".
Shoultz of Black Hawk offered the following amendment H-1015,
to the committee amendment H-1011, filed by him and Richardson of
Warren and moved its adoption:
H-1015
1 Amend the committee amendment, H-1011, to House
2 File 1 as follows:
3 1. Page 1, by striking lines 2 through 20 and
4 inserting the following:
5 " . By striking everything after the enacting
6 clause and inserting the following:
7 "Section 1. Section 422.45, Code 2001, is amended
8 by adding the following new subsection:
9 NEW SUBSECTION. 60. a. Subject to paragraph "b",
10 the gross receipts from the sale, furnishing, or
11 service of metered gas for residential customers and
12 the gross receipts from the sale, furnishing, or
13 service of fuel, including propane and heating oil,
14 used to provide heat for residential customers.
15 b. The exemption in this subsection shall be
16 phased in by means of a reduction in the tax rate as
17 follows:
18 (1) If the date of the utility billing of the
19 customer for the sale, furnishing, or service of
20 metered gas is between March 1, 2001, and December 31,
21 2001, or the sale, furnishing, or service of fuel for
22 heating purposes occurs between March 1, 2001, and
23 December 31, 2001, the rate of tax is four percent of
24 the gross receipts.
25 (2) If the date of the utility billing of the
26 customer for the sale, furnishing, or service of
27 metered gas is between January 1, 2002, and December
28 31, 2002, or the sale, furnishing, or service of fuel
29 for heating purposes occurs between January 1, 2002,
30 and December 31, 2002, the rate of tax is three
31 percent of the gross receipts.
32 (3) If the date of the utility billing of the
33 customer for the sale, furnishing, or service of
34 metered gas is between January 1, 2003, and December
35 31, 2003, or the sale, furnishing, or service of fuel
36 for heating purposes occurs between January 1, 2003,
37 and December 31, 2003, the rate of tax is two percent
38 of the gross receipts.
39 (4) If the date of the utility billing of the
40 customer for the sale, furnishing, or service of
41 metered gas is between January 1, 2004, and December
42 31, 2004, or the sale, furnishing, or service of fuel
43 for heating purposes occurs between January 1, 2004,
44 and December 31, 2004, the rate of tax is one percent
45 of the gross receipts.
46 (5) If the date of the utility billing of the
47 customer for the sale, furnishing, or service of
48 metered gas is on or after January 1, 2005, or the
49 sale, furnishing, or service of fuel for heating
50 purposes occurs on or after January 1, 2005, the rate
Page 2
1 of tax is zero percent of the gross receipts.
2 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
3 immediate importance, takes effect upon enactment."
4 2. Title page, by striking lines 1 through 5 and
5 inserting the following: "An Act relating to the
6 phasing in of an exemption from state sales and use
7 taxes on the gross receipts from the sale, furnishing,
8 or service of metered gas and heating fuel used by
9 residential customers and including an effective
10 date.""
SPECIAL PRESENTATION
Carroll of Poweshiek introduced to the House the Honorable Bob
Krause, former state representative from Kossuth County.
The House rose and expressed its welcome.
Roll call was requested by Shoultz of Black Hawk and Myers of
Johnson.
Rule 75 was invoked.
On the question "Shall amendment H-1015, to the committee
amendment H-1011 be adopted?" (H.F. 1)
The ayes were, 42:
|
Atteberry | Bell | Bukta | Chiodo |
|
Cohoon | Dotzler | Falck | Foege |
|
Ford | Frevert | Greimann | Hatch |
|
Huser | Jochum | Kreiman | Kuhn |
|
Larkin | Lensing | Mascher | May |
|
Mertz | Murphy | Myers | O'Brien |
|
Osterhaus | Petersen | Quirk | Reynolds |
|
Richardson | Scherrman | Schrader | Seng |
|
Shoultz | Smith | Stevens | Taylor, D. |
|
Taylor, T. | Tremmel | Warnstadt | Winckler |
|
Wise | Witt |
|
|
The nays were, 56:
|
Alons | Arnold | Barry | Baudler |
|
Boal | Boddicker | Boggess | Bradley |
|
Brauns | Broers | Brunkhorst | Cormack |
|
De Boef | Dix | Dolecheck | Drake |
|
Eddie | Eichhorn | Elgin | Fallon |
|
Finch | Garman | Gipp | Grundberg |
|
Hahn | Hansen | Heaton | Hoffman |
|
Horbach | Houser | Hoversten | Huseman |
|
Jacobs | Jenkins | Johnson | Kettering |
|
Klemme | Larson | Manternach | Metcalf |
|
Millage | Raecker | Rants | Rayhons |
|
Rekow | Roberts | Shey | Siegrist, Spkr. |
|
Sievers | Sukup | Teig | Tymeson |
|
Tyrrell | Van Engelenhoven | Weidman | Carroll, |
|
| | | Presiding |
|
|
Absent or not voting, 2:
Amendment H-1015 lost.
Richardson of Warren asked and received unanimous consent to
withdraw amendment H-1016, to the committee amendment H-
1011, filed by him on January 18, 2001.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-1021, to the committee amendment H-
1011, filed by him on January 22, 2001.
Kreiman of Davis offered the following amendment H-1017, to the
committee amendment H-1011, filed by him and moved its adoption:
H-1017
1 Amend the committee amendment, H-1011, to House
2 File 1 as follows:
3 1. Page 1, by striking lines 15 and 16 and
4 inserting the following:
5 " . Page 1, line 16, by striking the word
6 "February" and inserting the following: "the period
7 beginning with the effective date of this Act and
8 ending on March 31,"."
Amendment H-1017 was adopted.
Fallon of Polk asked and received unanimous consent to withdraw
amendments H-1018 and H-1019, to the committee amendment H-
1011, filed by him on January 22, 2001.
Fallon of Polk offered amendment H-1020, to the committee
amendment H-1011, filed by him as follows:
H-1020
1 Amend the Committee amendment, H-1011, to House
2 File 1 as follows:
3 1. Page 1, by inserting after line 16 the
4 following:
5 " . Page 1, by inserting after line 17 the
6 following:
7 "Sec. . Section 476.20, Code 2001, is amended
8 by adding the following new subsection:
9 NEW SUBSECTION. 6. A utility shall waive any late
10 charge or penalty on utility bills dated during the
11 period beginning November 1, and ending March 31.""
12 2. Page 1, by inserting after line 20 the
13 following:
14 " . Title page, by inserting after line 4 the
15 following: "limiting the ability to charge a penalty
16 for late payment by utilities and"."
Sukup of Franklin rose on a point of order that amendment
H-1020, to the committee amendment H-1011, was not germane.
The Speaker ruled the point well taken and amendment H-1020, to
the committee amendment H-1011, not germane.
Fallon of Polk asked for unanimous consent to suspend the rules to
consider amendment H-1020, to the committee amendment H-1011.
Objection was raised.
Fallon of Polk moved to suspend the rules to consider amendment
H-1020, to the committee amendment H-1011.
A non-record roll call was requested.
The ayes were 39, nays 52.
The motion to suspend the rules lost.
Sukup of Franklin offered the following amendment H-1023, to the
committee amendment H-1011, filed by him from the floor and moved
its adoption:
H-1023
1 Amend the Committee amendment, H-1011, to House
2 File 1 as follows:
3 1. Page 1, by inserting after line 16 the
4 following:
5 " . Page 1, by inserting after line 17 the
6 following:
7 "Sec. . If a utility that sells, furnishes, or
8 services metered gas to provide energy for residential
9 customers is unable to timely adjust its billing
10 system to provide the sales and use tax exemption
11 provided in section 1 of this Act, the utility is
12 authorized to charge the sales or use tax on utility
13 bills that are dated during March 2001 or until the
14 billing system is adjusted for the sales and use tax
15 exemption provided in section 1 of this Act. The
16 utility shall grant to each residential customer from
17 which the tax was collected on such gross receipts a
18 credit equal to the amount of tax collected. The
19 credit shall appear on the first utility billing which
20 is dated after March 31, 2001. The department of
21 revenue is granted emergency rulemaking authority to
22 implement this section.""
Amendment H-1023 was adopted.
On motion by Sukup of Franklin the committee amendment H-
1011, as amended, was adopted.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-1014 filed by him on January 18, 2001.
Sukup of Franklin moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.
On the question "Shall the bill pass?" (H.F. 1)
The ayes were, 93:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Chiodo | Cohoon |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Falck | Fallon | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | Greimann | Grundberg | Hahn |
|
Hansen | Heaton | Hoffman | Horbach |
|
Houser | Hoversten | Huseman | Huser |
|
Jacobs | Jenkins | Jochum | Johnson |
|
Kettering | Klemme | Kreiman | Kuhn |
|
Larkin | Larson | Lensing | Manternach |
|
Mascher | May | Mertz | Metcalf |
|
Millage | Murphy | Myers | O'Brien |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Rekow | Reynolds | Richardson |
|
Roberts | Schrader | Seng | Shey |
|
Siegrist, Spkr. | Sievers | Smith | Stevens |
|
Sukup | Teig | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Winckler | Wise | Witt |
|
Carroll, |
|
Presiding |
|
|
The nays were, 6:
|
Hatch | Osterhaus | Scherrman | Shoultz |
|
Taylor, D. | Taylor, T. |
|
|
Absent or not voting, 1:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 1 be immediately messaged to the Senate.
APPOINTMENTS
The following individuals are appointed to the Legislative Council
and Committees of the Council:
2001-2002 LEGISLATIVE COUNCIL
(Chapter 2.41, Code of Iowa)
Representative Brent Siegrist
Representative Steve Sukup
Representative Christopher Rants
Representative Richard Myers
Representative John Connors
Representative Chuck Gipp
Representative Betty Grundberg
Representative Elizabeth "Libby" Jacobs
Representative Pam Jochum
Representative Dolores Mertz
Representative David Millage
Representative Pat Murphy
ADMINISTRATION COMMITTEE
Representative Steve Sukup
Representative Elizabeth "Libby" Jacobs
Representative Pam Jochum
CAPITAL PROJECTS
Representative Chuck Gipp
Representative Betty Grundberg
Representative Pam Jochum
Representative Dave Millage
Representative Pat Murphy
FISCAL COMMITTEE
Representative Dave Millage
Representative Elizabeth "Libby" Jacobs
Representative Pat Murphy
Representative Don Shoultz
Representative James Van Fossen
INTERNATIONAL RELATIONS
Representative Willard Jenkins
Representative Paul Bell
Representative Jack Drake
Representative Chuck Gipp
Representative Jane Greimann
Representative Elizabeth "Libby" Jacobs
Representative Scott Raecker
Representative Paul Scherrman
Representative Vicki Lensing
SERVICE
Representative Christopher Rants
Representative John Connors
Representative Steve Sukup
STUDIES
Representative Chuck Gipp
Representative Dolores Mertz
Representative Richard Myers
Representative Christopher Rants
Representative Brent Siegrist
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on January 24,
2001. Had I been present, I would have voted "nay" on Amendment
H-1015 to House File 1.
VAN FOSSEN of Scott
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2001\139 Ruby and Robert Thompson, Altoona - For celebrating their 60th
wedding anniversary.
2001\140 Blake Larsen, Atlantic - For being named Parade Magazine's 2000
High School All-American.
SUBCOMMITTEE ASSIGNMENTS
House File 13
State Government: Brauns, Chair; Larkin and Van Engelenhoven.
House File 64
Transportation: Van Engelenhoven, Chair; Johnson and Scherrman.
House File 68
Environmental Protection: Drake, Chair; Lensing and Sievers.
House File 80
Ways and Means: Houser, Chair; Kuhn and Sievers.
House File 81
State Government: Bradley, Chair; Elgin and O'Brien.
House File 84
Agriculture: Rayhons, Chair; Klemme and Mertz.
House File 92
State Government: Gipp, Chair; Chiodo and Cormack.
House File 97
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House File 98
State Government: Garman, Chair; O'Brien and Van Engelenhoven.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 11
Ways and Means: Hoversten, Chair; Richardson and Sievers.
House Study Bill 13
Appropriations: Alons, Chair; Jacobs and Murphy.
House Study Bill 17
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House Study Bill 18
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House Study Bill 19
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House Study Bill 20
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House Study Bill 21
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House Study Bill 22
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House Study Bill 23
State Government: Brauns, Chair; Larkin and Van Engelenhoven.
House Study Bill 29
Natural Resources: Baudler, Chair; Bell and Weidman.
House Study Bill 30
Natural Resources: Alons, Chair; Huseman and O'Brien.
House Study Bill 31
State Government: Millage, Chair; Chiodo and Garman.
House Study Bill 32
State Government: Boddicker, Chair; Falck and Gipp.
House Study Bill 35
Ways and Means: Larson, Chair; Eichhorn and Richardson.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 38 State Government
Relating to the administration and management of the department of
personnel and the creation of a revolving fund, and providing for the
appropriation and use of the moneys credited to the fund.
H.S.B. 39 Ways and Means
Relating to the definition of factory-built structures, the relocation of
factory-built structures, the certification of installers of manufactured
homes, and providing a fee, an appropriation, and a civil penalty.
H.S.B. 40 State Government
Relating to provision of notice by state agencies prior to providing
new products or services.
H.S.B. 41 Ways and Means
Relating to the taxation of garages and other appurtenances located
on mobile home sites.
H.S.B. 42 Transportation
Relating to the regulation of motor vehicle rental companies.
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.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House Study Bill 4), relating to child endangerment
violations and injuries to a child and providing penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass January 23, 2001.
COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Committee Bill (Formerly House File 3), relating to information included in
written promotional materials distributed by the department of economic development.
Fiscal Note is not required.
Recommended Amend and Do Pass January 23, 2001.
RESOLUTIONS FILED
HCR 6, by Jochum, a concurrent resolution requesting that the
legislative council establish a family and work forum to bring
together a diverse group of legislators, community leaders, and other
interests to explore new approaches for supporting families in the
evolving economy.
Laid over under Rule 25.
HR 7, by Grundberg, Smith, Lensing, Mascher, Foege, Myers, Alons,
Arnold, Atteberry, Barry, Baudler, Bell, Boal, Boddicker, Boggess,
Bradley, Brauns, Broers, Brunkhorst, Carroll, Connors, De Boef, Dix,
Dolecheck, Dotzler, Drake, Eddie, Eichhorn, Elgin, Falck, Fallon,
Finch, Ford, Frevert, Garman, Gipp, Greimann, Hahn, Hansen,
Heaton, Hoffman, Horbach, Houser, Hoversten, Huseman, Huser,
Jacobs, Jenkins, Jochum, Johnson, Kettering, Klemme, Kuhn,
Larkin, Larson, Manternach, May, Mertz, Metcalf, Millage, Murphy,
O'Brien, Osterhaus, Quirk, Raecker, Rants, Rayhons, Rekow,
Reynolds, Richardson, Roberts, Scherrman, Schrader, Seng, Shey,
Siegrist, Sievers, Sukup, D. Taylor, T. Taylor, Teig, Tymeson, Tyrrell,
Van Engelenhoven, Van Fossen, Warnstadt, Weidman, and Witt, a
resolution recognizing the achievements of Nancy Coover Andreasen.
Laid over under Rule 25.
AMENDMENT FILED
H-1022 H.F. 2 Millage of Scott
On motion by Rants of Woodbury the House adjourned at 2:45
p.m., until 8:45 a.m., Thursday, January 25, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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