have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
Senate File 65 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Sukup of Franklin called up for consideration 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, amended
by the Senate amendment H-1029 as follows:
H-1029
1 Amend House File 1, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 17 the
4 following:
5 "Sec. . Section 422.45, Code 2001, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 61. a. Subject to paragraph "b",
8 the gross receipts from the sale, furnishing, or
9 service of metered gas and electricity to provide
10 energy for residential customers and the gross
11 receipts from the sale, furnishing, or service of
12 fuel, including propane and heating oil, used to
13 provide heat for residential dwellings and units of
14 apartment and condominium complexes used for human
15 occupancy.
16 b. The exemption in this subsection shall be
17 phased in by means of a reduction in the tax rate as
18 follows:
19 (1) If the date of the utility billing of the
20 customer for the sale, furnishing, or service of
21 metered gas and electricity is between January 1,
22 2002, and December 31, 2002, or the sale, furnishing,
23 or service of fuel for heating purposes occurs between
24 January 1, 2002, and December 31, 2002, the rate of
25 tax is four percent of the gross receipts.
26 (2) If the date of the utility billing of the
27 customer for the sale, furnishing, or service of
28 metered gas and electricity is between January 1,
29 2003, and December 31, 2003, or the sale, furnishing,
30 or service of fuel for heating purposes occurs between
31 January 1, 2003, and December 31, 2003, the rate of
32 tax is three percent of the gross receipts.
33 (3) If the date of the utility billing of the
34 customer for the sale, furnishing, or service of
35 metered gas and electricity is between January 1,
36 2004, and December 31, 2004, or the sale, furnishing,
37 or service of fuel for heating purposes occurs between
38 January 1, 2004, and December 31, 2004, the rate of
39 tax is two percent of the gross receipts.
40 (4) If the date of the utility billing of the
41 customer for the sale, furnishing, or service of
42 metered gas and electricity is between January 1,
43 2005, and December 31, 2005, or the sale, furnishing,
44 or service of fuel for heating purposes occurs between
45 January 1, 2005, and December 31, 2005, the rate of
46 tax is one percent of the gross receipts.
47 (5) If the date of the utility billing of the
48 customer for the sale, furnishing, or service of
49 metered gas and electricity is on or after January 1,
50 2006, or the sale, furnishing, or service of fuel for
Page 2
1 heating purposes occurs on or after January 1, 2006,
2 the rate of tax is zero percent of the gross receipts.
3 c. The exemption in this subsection does not apply
4 to local option sales and services tax imposed
5 pursuant to chapters 422B and 422E."
6 2. Title page, line 1, by striking the words
7 "during a certain period".
The House stood at ease at 5:51 p.m., until the fall of the gavel.
The House resumed session at 6:24 p.m., Speaker Siegrist in the
chair.
Millage of Scott offered amendment H-1033, to the Senate
amendment H-1029, filed by him from the floor as follows:
H-1033
1 Amend the Senate amendment, H-1029, to House File 1
2 as follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 1, by inserting before line 1 the
6 following:
7 "Section 1. Section 422.7, subsection 13, Code
8 2001, is amended by striking the subsection and
9 inserting in lieu thereof the following:
10 13. a. For a person who is disabled, or is fifty-
11 five years of age or older, or is the surviving spouse
12 of an individual or a survivor having an insurable
13 interest in an individual who would have qualified for
14 the exemption under this paragraph for the tax year,
15 subtract, to the extent included, the total amount of
16 a governmental or other pension or retirement pay,
17 including, but not limited to, defined benefit or
18 defined contribution plans, annuities, individual
19 retirement accounts, plans maintained or contributed
20 to by an employer, or maintained or contributed to by
21 a self-employed person as an employer, and deferred
22 compensation plans or any earnings attributable to the
23 deferred compensation plans, up to a maximum of eight
24 thousand five hundred dollars for tax years beginning
25 in the 2001 calendar year, twelve thousand dollars for
26 tax years beginning in the 2002 calendar year, and the
27 total amount of pension included for tax years
28 beginning on or after January 1, 2003, for a person,
29 other than a husband or wife, who files a separate
30 state income tax return and up to a maximum of
31 seventeen thousand dollars for tax years beginning in
32 the 2001 calendar year, twenty-four thousand dollars
33 for tax years beginning in the 2002 calendar year, and
34 the total amount of pension included for tax years
35 beginning on or after January 1, 2003, for a husband
36 and wife who file a joint state income tax return.
37 However, a surviving spouse who is not disabled or
38 fifty-five years of age or older can only exclude the
39 amount of pension or retirement pay received as a
40 result of the death of the other spouse. A husband
41 and wife filing separate state income tax returns or
42 separately on a combined state return are allowed a
43 combined maximum exclusion under this paragraph of up
44 to seventeen thousand dollars for tax years beginning
45 in the 2001 calendar year, and twenty-four thousand
46 dollars for tax years beginning in the 2002 calendar
47 year. The seventeen thousand dollar or twenty-four
48 thousand dollar exclusion, as applicable, shall be
49 allocated to the husband or wife in the proportion
50 that each spouse's respective pension and retirement
Page 2
1 pay received bears to total combined pension and
2 retirement pay received.
3 b. Subtract, to the extent included, the amount of
4 additional social security benefits taxable under the
5 Internal Revenue Code for tax years beginning on or
6 after January 1, 1994, but before January 1, 2006.
7 The amount of social security benefits taxable as
8 provided in section 86 of the Internal Revenue Code,
9 as amended up to and including January 1, 1993,
10 continues to apply for state income tax purposes for
11 tax years beginning on or after January 1, 1994, but
12 before January 1, 2006.
13 c. Subtract, to the extent included after the
14 subtraction in paragraph "b", the following:
15 (1) For tax years beginning in the 2004 calendar
16 year, one-third of taxable social security benefits
17 received.
18 (2) For tax years beginning in the 2005 calendar
19 year, two-thirds of taxable social security benefits
20 received.
21 d. Married taxpayers, who file a joint federal
22 income tax return and who elect to file separate
23 returns or who elect separate filing on a combined
24 return for state income tax purposes, shall allocate
25 between the spouses the amount of benefits subtracted
26 under paragraphs "b" and "c" from net income in the
27 ratio of the social security benefits received by each
28 spouse to the total of these benefits received by both
29 spouses.
30 e. Subtract, to the extent included, the amount of
31 social security benefits taxable under section 86 of
32 the Internal Revenue Code for tax years beginning on
33 or after January 1, 2006.
34 Sec. . Section 422.7, subsection 31, Code 2001,
35 is amended by striking the subsection.""
36 2. Page 1, line 22, by striking the words and
37 figures "2002, and December 31, 2002" and inserting
38 the following: "2005, and December 31, 2005".
39 3. Page 1, line 24, by striking the words and
40 figures "2002, and December 31, 2002" and inserting
41 the following: "2005, and December 31, 2005".
42 4. Page 1, line 29, by striking the words and
43 figures "2003, and December 31, 2003" and inserting
44 the following: "2006, and December 31, 2006".
45 5. Page 1, line 31, by striking the words and
46 figures "2003, and December 31, 2003" and inserting
47 the following: "2006, and December 31, 2006".
48 6. Page 1, line 36, by striking the words and
49 figures "2004, and December 31, 2004" and inserting
50 the following: "2007, and December 31, 2007".
Page 3
1 7. Page 1, line 38, by striking the words and
2 figures "2004, and December 31, 2004" and inserting
3 the following: "2007, and December 31, 2007".
4 8. Page 1, line 43, by striking the words and
5 figures "2005, and December 31, 2005" and inserting
6 the following: "2008, and December 31, 2008".
7 9. Page 1, line 45, by striking the words and
8 figures "2005, and December 31, 2005" and inserting
9 the following: "2008, and December 31, 2008".
10 10. Page 1, line 50, by striking the figure
11 "2006" and inserting the following: "2009".
12 11. Page 2, line 1, by striking the figure "2006"
13 and inserting the following: "2009".
14 12. Page 2, by inserting after line 5 the
15 following:
16 " . Page 1, line 33, by inserting after the
17 word "enactment." the following: "The sections of
18 this Act amending Code section 422.7, subsections 13
19 and 31, apply retroactively to January 1, 2001, for
20 tax years beginning on or after that date.""
21 13. Page 2, by striking lines 6 and 7 and
22 inserting the following:
23 " . Title page, by striking lines 1 through 4
24 and inserting the following: "An Act relating to
25 state taxes imposed on retirement benefits under the
26 individual income tax and imposed on the gross
27 receipts from the sale, furnishing, or service of
28 metered gas and electricity and of fuel used in
29 residential-type dwellings and including effective and
30 retroactive applicability date provisions.""
Sukup of Franklin rose on a point of order that amendment
H-1033 was not germane, to the Senate amendment H-1029.
The Speaker ruled the point well taken and amendment H-1033
not germane.
On motion by Sukup of Franklin the House concurred in the
Senate amendment H-1029.
Sukup of Franklin 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. 1)
The ayes were, 89:
|
Alons | Arnold | Atteberry | Barry | |
Baudler | Bell | Boal | Boddicker | |
Boggess | Bradley | Brauns | Broers | |
Brunkhorst | Bukta | Carroll | Chiodo | |
Cohoon | Connors | Cormack | De Boef | |
Dix | Dolecheck | Drake | Eddie | |
Eichhorn | Elgin | Fallon | Finch | |
Foege | Ford | Frevert | Garman | |
Gipp | Greimann | Grundberg | Hahn | |
Hansen | Heaton | Hoffman | Horbach | |
Houser | Hoversten | Huseman | Huser | |
Jacobs | Jenkins | Johnson | Kettering | |
Klemme | Kreiman | Kuhn | Larkin | |
Larson | Lensing | Manternach | Mascher | |
May | Mertz | Metcalf | Millage | |
O'Brien | Petersen | Quirk | Raecker | |
Rants | Rayhons | Rekow | Reynolds | |
Richardson | Roberts | Schrader | Seng | |
Shey | Sievers | Smith | Stevens | |
Sukup | Teig | Tremmel | Tymeson | |
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt | |
Weidman | Winckler | Wise | Witt | |
Mr. Speaker | |
Siegrist | |
|
The nays were, 11:
|
Dotzler | Falck | Hatch | Jochum | |
Murphy | Myers | Osterhaus | Scherrman | |
Shoultz | Taylor, D. | Taylor, T. | |
|
Absent or not voting, none.
The bill having received a constitutional majority was declared to |
have passed the House and the title, as amended, was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 1 be immediately messaged to the Senate.
HOUSE FILE 108 WITHDRAWN
Alons of Sioux asked and received unanimous consent to withdraw
House File 108 from further consideration by the House.
HOUSE FILE 109 REREFERRED
The Speaker announced that House File 109, previously referred
to committee on state government was rereferred to committee on
local government.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the office
of the Chief Clerk:
DEPARTMENT OF MANAGEMENT
Recommendations for resolution of the overbilling of the federal government for
certain services provided by the state to the federal government, pursuant to Chapter
1226.29, 2000 Acts of the Seventy-eighth General Assembly.
The Annual Report of standing appropriations, pursuant to Chapter 8.6(2), Code of
Iowa.
DEPARTMENT OF NATURAL RESOURCES
The Biennial Report for Iowa's State Preserves 1999-2000, pursuant to Chapter
465C, Code of Iowa.
DEPARTMENT OF PERSONNEL
The "Just the Facts for 2000: Iowa Executive Branch Workforce Almanac Report,"
pursuant to Chapter 19, Code of Iowa.
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\171 Barbara and Olin Shuler, Corning - For celebrating their 60th wedding
anniversary.
2001\172 Velma and Robert Hankemeier, Maquoketa - For celebrating their 50th
wedding anniversary.
2001\173 Clyde Evans, Muscatine - For being named District 9 Central Office
Administrator of the Year for 2001, by School Administrators of Iowa.
2001\174 Lavera and Raymond Bruns, Sigourney - For celebrating their 60th
wedding anniversary.
2001\175 Vesta Linsley, Fremont - For celebrating her 90th birthday.
2001\176 Josephine Sloan Harks, Independence - For celebrating her 90th
birthday.
2001\177 Arnold and Shirley Raatz, Hawkeye - For celebrating their 50th
wedding anniversary.
2001\178 Marge and Luke Kuennen, Oelwein - For celebrating their 50th
wedding anniversary.
2001\179 Germaine and Louis Keiper, Palo - For celebrating their 50th wedding
anniversary.
2001\180 Rose and Don Kasparek, Solon - For celebrating their 50th wedding
anniversary.
2001\181 Joan and Ralph Hobt, Chariton - For celebrating their 50th wedding
anniversary.
2001\182 Joyce and Earl Latham, Osceola - For celebrating their 50th wedding
anniversary.
2001\183 Pat and Bill Healy, Vail - For celebrating their 50th wedding
anniversary.
2001\184 Beverly and Don Finnegan, Boone - For celebrating their 50th wedding
anniversary.
2001\185 Gail and June Brown, Boone - For celebrating their 50th wedding
anniversary.
2001\186 Leona and Lester Freeman, Ogden - For celebrating their 68th wedding
anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 91
Transportation: Weidman, Chair; Arnold and Warnstadt.
House File 92 Reassigned
State Government: Jacobs, Chair; Boddicker, Eichhorn, Jochum and Reynolds.
House File 115
Transportation: Johnson, Chair; Klemme and Larkin.
House File 116
Human Resources: Carroll, Chair; Hoversten and Kreiman.
House File 127
State Government: Eichhorn, Chair; Chiodo and Jacobs.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 33
(Committee of the Whole)
Ethics: Huseman, Chair; Cormack, Garman, Mascher, Scherrman and Warnstadt.
House Study Bill 34
(Committee of the Whole)
Ethics: Huseman, Chair; Cormack, Garman, Mascher, Scherrman and Warnstadt.
House Study Bill 48
Transportation: Manternach, Chair; Heaton and Osterhaus.
House Study Bill 52
Environmental Protection: Bradley, Chair; Kettering and Stevens.
House Study Bill 56
Judiciary: Millage, Chair; Eichhorn and Ford.
House Study Bill 57
Judiciary: Millage, Chair; Eichhorn and Kreiman.
House Study Bill 58
Judiciary: Kettering, Chair; Broers and Witt.
House Study Bill 59
Judiciary: Grundberg, Chair; Boddicker and Mertz.
House Study Bill 60
Judiciary: Raecker, Chair; Eichhorn and Kreiman.
House Study Bill 61
Judiciary: Eichhorn, Chair; Kreiman and Raecker.
House Study Bill 62
Judiciary: Barry, Chair; Bell and Shey.
House Study Bill 63
Judiciary: Shey, Chair; Baudler and Tremmel.
House Study Bill 64
Judiciary: Raecker, Chair; Kettering and Kreiman.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 65 Judiciary
Relating to felonious misconduct by a public officer or employee and
providing a penalty.
H.S.B. 66 Judiciary
Relating to the victim rights compensation fund.
H.S.B. 67 Judiciary
Providing for protection from domestic abuse for persons in an
intimate relationship.
H.S.B. 68 Judiciary
Establishing child endangerment offenses for certain criminal acts
committed in the presence of a child or minor.
H.S.B. 69 Judiciary
Relating to the verification of a uniform citation and complaint issued
by a law enforcement agency.
H.S.B. 70 Judiciary
Relating to nonsubstantive Code corrections and including effective
and retroactive applicability provisions.
H.S.B. 71 Commerce and Regulation
Adding document preparation and modification to the list of acts
defining the activities of a real estate broker.
H.S.B. 72 State Government
To permit the public inspection and copying of certain information
containing personnel and payroll records pertaining to government
officers, officials, and employees.
H.S.B. 73 Human Resources
Relating to compliance with mandatory child and dependent adult
abuse reporter training requirements.
H.S.B. 74 State Government
Relating to the establishment of flammability standards for furniture
and providing an applicability date and a penalty.
H.S.B. 75 State Government
Relating to the financial operations and transactions of the
information technology department.
H.S.B. 76 Judiciary
Relating to sales and possession of pistols and revolvers, by requiring
a gun-locking device to be provided and related information to be
posted in connection with the retail sale of a pistol or revolver.
H.S.B. 77 Judiciary
Providing for increased penalties for successive violations of court
orders for persons who are the subject of certain protective and no-
contact orders and making conforming changes.
H.S.B. 78 Judiciary
Relating to the possession, transfer, or sale of firearms and offensive
weapons by persons in violation of any federal law and providing a
penalty.
H.S.B. 79 Judiciary
Relating to the physician-patient privilege to allow disclosure of
certain medical information.
H.S.B. 80 Judiciary
Relating to the appointment of an acting or a temporary county
attorney.
H.S.B. 81 Judiciary
Establishing the interstate compact for adult criminal offender
supervision and providing a contingent effective date.
H.S.B. 82 Judiciary
Relating to certain driving offenses, including driving under
suspension, operating without commercial driver's license, operating
without driver's license, operating with expired driver's license,
operating without driver's license in possession, and operating in
violation of restrictions, and providing penalties.
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 ETHICS
Committee Bill (Formerly House Study Bill 33), relating to the rules governing
lobbyists in the House of Representatives.
Fiscal Note is not required.
Recommended Do Pass January 30, 2001.
Committee Bill (Formerly House Study Bill 34), relating to the House code of
ethics.
Fiscal Note is not required.
Recommended Do Pass January 30, 2001.
AMENDMENTS FILED
H-1035 H.F. 2 Warnstadt of Woodbury
H-1036 H.F. 2 Warnstadt of Woodbury
On motion by Rants of Woodbury the House adjourned at 6:56
p.m., until 8:45 a.m., Wednesday, January 31, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
Comments about this site or page?
hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 31 13:35:00 CST 2001
URL: /DOCS/GA/79GA/Session.1/HJournal/Day/0130.html
jhf
|