Previous Day: Tuesday, February 27	Next Day: Thursday, March 1
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

House Journal: Wednesday, February 28, 2001

JOURNAL OF THE HOUSE

Fifty-second Calendar Day - Thirty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 28, 2001

The House met pursuant to adjournment at 8:45 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Reverend David Ruhe, pastor of Plymouth
Congregational Church, Des Moines.

The Journal of Tuesday, February 27, 2001 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Teig of Hamilton, until his arrival, on request of Arnold of Lucas.

INTRODUCTION OF BILLS

House Joint Resolution 10, by Larkin, a joint resolution to
designate the channel catfish as the official state fish for the state of
Iowa.

Read first time and referred to committee on state government.

House File 436, by committee on judiciary, a bill for an act
creating a new criminal offense of escape from custody by a sexually
violent predator civilly committed to confinement and providing a
penalty.

Read first time and placed on the calendar.

House File 437, by Larkin, Winckler, Richardson, and Stevens, a
bill for an act to increase the penalty applicable to lascivious acts
with a child.

Read first time and referred to committee on judiciary.

House File 438, by Bradley and Brauns, a bill for an act providing
an additional emergency levy amount for certain cities to replace
losses in revenue due to the exemption from property taxation of
industrial machinery, computers, and equipment.

Read first time and referred to committee on local government.

House File 439, by Rants and Hoversten, a bill for an act relating
to the assessment for property tax purposes of certain affordable
housing for low-income individuals and families.

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

House File 440, by Kreiman, a bill for an act relating to the
property tax assessment limitation for agricultural property.

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

House File 441, by Jacobs, Dotzler, Grundberg, Metcalf, Jenkins,
Reynolds, Hatch, Van Fossen, and Huser, a bill for an act relating to
the limitation on the amount of property rehabilitation tax credits
that may be approved for a fiscal year and including an applicability
date provision.

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

House File 442, by Bukta, Foege, and T. Taylor, a bill for an act
requiring the state department of transportation to conduct a study
regarding expansion of United States highway 30.

Read first time and referred to committee on transportation.

House File 443, by Larkin, Mascher, Bell, Bukta, Scherrman,
Lensing, Hatch, T. Taylor, Shoultz, Greimann, Stevens, Kuhn,
Frevert, Connors, Mertz, Quirk, and Dotzler, a bill for an act relating
to campaign finance law, including electronic filing of disclosure
reports by certain candidates, requiring certain supplemental reports,
providing for disclosures in relation to certain political telephone
communications, requiring disclosure of certain information in
conjunction with certain contributions, providing an effective date,
and applying a penalty.

Read first time and referred to committee on state government.

House File 444, by Kreiman, a bill for an act relating to the
contents of certain child abuse assessment reports.

Read first time and referred to committee on human resources.

House File 445, by Falck and Foege, a bill for an act prohibiting
the director of revenue and finance from charging a fee for
administering local option sales and services taxes and including an
effective date.

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

House File 446, by Bell, a bill for an act relating to service of a
nontestimonial identification order by a law enforcement officer.

Read first time and referred to committee on judiciary.

House File 447, by Richardson, a bill for an act relating to
criminal offenses that require an offender to submit to DNA profiling.

Read first time and referred to committee on judiciary.

House File 448, by Teig, a bill for an act exempting from sales
and use taxes the purchase of coins, currency, and bullion.

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

House File 449, by Boal, a bill for an act allowing an individual
income tax credit for contributions made to certain school tuition
organizations and including a retroactive applicability date.

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

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
February 28, 2001, amended and passed the following bill in which the concurrence of
the House is asked:

House File 352, a bill for an act relating to the administration and care of the Iowa
battle flag collection.

Also: That the Senate has on February 27, 2001, passed the following bill in which
the concurrence of the House is asked:

Senate File 104, a bill for an act relating to a study of the Iowa communications
network as a school district instructional tool for students enrolled in kindergarten
through grade twelve.

Also: That the Senate has on February 27, 2001, passed the following bill in which
the concurrence of the House is asked:

Senate File 114, a bill for an act relating to the composition of the medical
assistance advisory council.

Also: That the Senate has on February 27, 2001, passed the following bill in which
the concurrence of the House is asked:

Senate File 185, a bill for an act relating to the definition of factory-built structures,
the relocation of factory-built structures, the certification of installers of manufactured
homes, and providing a fee, an appropriation, and a civil penalty.

Also: That the Senate has on February 27, 2001, passed the following bill in which
the concurrence of the House is asked:

Senate File 211, a bill for an act relating to the powers and duties of the
department of agriculture and land stewardship.

Also: That the Senate has on February 27, 2001, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 11, a concurrent resolution requesting that the
United States Congress create a standard nationwide time for poll closings in general
and congressional elections.

MICHAEL E. MARSHALL, Secretary

CONSIDERATION OF BILLS
Regular Calendar

House File 229, a bill for an act relating to judicial district
departments of correctional services by providing for a judgment lien
for supervision fees and for the establishment of a reserve peace
officer force, was taken up for consideration.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1061 filed by Larson of Linn, et al., on

February 21, 2001.
Kreiman of Davis offered the following amendment H-1084 filed by
Larson of Linn, et al., and moved its adoption:

H-1084

1 Amend House File 229 as follows:
2 1. By striking page 3, line 27, through page 4,
3 line 1, and inserting the following:
4 "Sec. . Section 905.14, Code 2001, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 4. Upon the discharge of a person
7 from probation or parole any unpaid fees shall become
8 part of the person's restitution plan. The district
9 department may petition the court, pursuant to section
10 910.7, to modify the plan of restitution.
11 Sec. . Section 910.1, subsection 4, Code 2001,
12 is amended to read as follows:
13 4. "Restitution" means payment of pecuniary
14 damages to a victim in an amount and in the manner
15 provided by the offender's plan of restitution.
16 "Restitution" also includes fines, penalties, and
17 surcharges, the contribution of funds to a local
18 anticrime organization which provided assistance to
19 law enforcement in an offender's case, the payment of
20 crime victim compensation program reimbursements,
21 payment of restitution to public agencies pursuant to
22 section 321J.2, subsection 9, paragraph "b", payment
23 of unpaid fees pursuant to section 905.14, subsection
24 4, court costs including correctional fees approved
25 pursuant to section 356.7, court-appointed ~~attorney's~~
26 attorney fees, or the expense of a public defender,
27 and the performance of a public service by an offender
28 in an amount set by the court when the offender cannot
29 reasonably pay all or part of the court costs
30 including correctional fees approved pursuant to
31 section 356.7, court-appointed ~~attorney's~~ attorney
32 fees, or the expense of a public defender.
33 Sec. . Section 910.2, unnumbered paragraph 1,
34 Code 2001, is amended to read as follows:
35 In all criminal cases in which there is a plea of
36 guilty, verdict of guilty, or special verdict upon
37 which a judgment of conviction is rendered, the
38 sentencing court shall order that restitution be made
39 by each offender to the victims of the offender's
40 criminal activities, to the clerk of court for fines,
41 penalties, surcharges, and, to the extent that the
42 offender is reasonably able to pay, for crime victim
43 assistance reimbursement, restitution to public
44 agencies pursuant to section 321J.2, subsection 9,
45 paragraph "b", unpaid fees pursuant to section 905.14,

46 subsection 4, court costs including correctional fees
47 approved pursuant to section 356.7, court-appointed
48 attorney's fees ordered pursuant to section 815.9
49 including the expense of a public defender when
50 applicable, or contribution to a local anticrime

Page 2

1 organization. However, victims shall be paid in full
2 before fines, penalties, and surcharges, crime victim
3 compensation program reimbursement, public agencies,
4 unpaid fees pursuant to section 905.14, subsection 4,
5 court costs including correctional fees approved
6 pursuant to section 356.7, court-appointed attorney's
7 fees, the expenses of a public defender, or
8 contributions to a local anticrime organization are
9 paid. In structuring a plan of restitution, the court
10 shall provide for payments in the following order of
11 priority: victim, after modification of the plan
12 under section 910.7 unpaid fees incurred pursuant to
13 section 905.14, subsection 4, fines, penalties, and
14 surcharges, crime victim compensation program
15 reimbursement, public agencies, court costs including
16 correctional fees approved pursuant to section 356.7,
17 court-appointed attorney's fees, or the expense of a
18 public defender, and contribution to a local anticrime
19 organization.
20 Sec. . Section 910.3, Code 2001, is amended to
21 read as follows:
22 910.3 DETERMINATION OF AMOUNT OF RESTITUTION.
23 The county attorney shall prepare a statement of
24 pecuniary damages to victims of the defendant and, if
25 applicable, any award by the crime victim compensation
26 program and expenses incurred by public agencies
27 pursuant to section 321J.2, subsection 9, paragraph
28 "b", and shall provide the statement to the
29 presentence investigator or submit the statement to
30 the court at the time of sentencing. The clerk of
31 court shall prepare a statement of court-appointed
32 ~~attorney's~~ attorney fees, the expense of a public
33 defender, and court costs including correctional fees
34 claimed by a sheriff pursuant to section 356.7, which
35 shall be provided to the presentence investigator or
36 submitted to the court at the time of sentencing. If
37 these statements are provided to the presentence
38 investigator, they shall become a part of the
39 presentence report. If pecuniary damage amounts are
40 not available at the time of sentencing, the county
41 attorney shall provide a statement of pecuniary
42 damages incurred up to that time to the clerk of
43 court. The statement shall be provided no later than
44 thirty days after sentencing. If a defendant believes

45 no person suffered pecuniary damages, the defendant
46 shall so state. If the defendant has any mental or
47 physical impairment which would limit or prohibit the
48 performance of a public service, the defendant shall
49 so state. The court may order a mental or physical
50 examination, or both, of the defendant to determine a

Page 3

1 proper course of action. At the time of sentencing or
2 at a later date to be determined by the court, the
3 court shall set out the amount of restitution
4 including the amount of public service to be performed
5 as restitution and the persons to whom restitution
6 must be paid. If the full amount of restitution
7 cannot be determined at the time of sentencing, the
8 court shall issue a temporary order determining a
9 reasonable amount for restitution identified up to
10 that time. At a later date as determined by the
11 court, the court shall issue a permanent, supplemental
12 order, setting the full amount of restitution. The
13 court shall enter further supplemental orders, if
14 necessary. These court orders shall be known as the
15 plan of restitution.
16 Sec. . Section 910.7, Code 2001, is amended to
17 read as follows:
18 910.7 PETITION FOR HEARING.
19 1. At any time during the period of probation,
20 parole, or incarceration, the offender or the office
21 or individual who prepared the offender's restitution
22 plan may petition the court on any matter related to
23 the plan of restitution or restitution plan of payment
24 and the court shall grant a hearing if on the face of
25 the petition it appears that a hearing is warranted,
26 except as provided in subsection 2. The court, at any
27 time prior to the expiration of the offender's
28 sentence, may modify the plan of restitution or the
29 restitution plan of payment, or both, and may extend
30 the period of time for the completion of restitution.
31 2. A petition to modify the plan of restitution
32 for unpaid fees under section 905.14, subsection 4,
33 shall be without hearing unless the offender, after
34 being notified, objects to the amount of unpaid fees.
35 Sec. . Section 910.9, unnumbered paragraph 3,
36 Code 2001, is amended to read as follows:
37 Fines, penalties, and surcharges, crime victim
38 compensation program reimbursement, public agency
39 restitution, unpaid fees incurred pursuant to section
40 905.14, subsection 4, court costs including
41 correctional fees claimed by a sheriff pursuant to
42 section 356.7, court-appointed ~~attorney's~~ attorney
43 fees, and expenses for public defenders, shall not be

44 withheld by the clerk of court until all victims have
45 been paid in full. Payments to victims shall be made
46 by the clerk of court at least quarterly. Payments by
47 a clerk of court shall be made no later than the last
48 business day of the quarter, but may be made more
49 often at the discretion of the clerk of court. The
50 clerk of court receiving final payment from an

Page 4

1 offender shall notify all victims that full
2 restitution has been made. Each office or individual
3 charged with supervising an offender who is required
4 to perform community service as full or partial
5 restitution shall keep records to assure compliance
6 with the portions of the plan of restitution and
7 restitution plan of payment relating to community
8 service and, when the offender has complied fully with
9 the community service requirement, notify the
10 sentencing court."
11 2. Title page, line 2, by striking the word
12 "judgment" and inserting the following:
13 "restitution".

Amendment H-1084 was adopted.

Shey of Linn 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. 229)

The ayes were, 99:

Alons	Arnold	Atteberry	Barry
Baudler	Bell	Boal	Boddicker
Boggess	Bradley	Brauns	Broers
Brunkhorst	Bukta	Carroll	Chiodo
Cohoon	Connors	Cormack	De Boef
Dix	Dolecheck	Dotzler	Drake
Eddie	Eichhorn	Elgin	Falck
Fallon	Finch	Foege	Ford
Frevert	Garman	Gipp	Greimann
Grundberg	Hahn	Hansen	Hatch
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	Osterhaus	Petersen
Quirk	Raecker	Rants	Rayhons
Rekow	Reynolds	Richardson	Roberts
Scherrman	Schrader	Seng	Shey
Shoultz	Sievers	Smith	Stevens
Sukup	Taylor, D.	Taylor, T.	Teig
Tremmel	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Winckler
Wise	Witt	Mr. Speaker
		Siegrist

The nays were, none.

Absent or not voting, 1:

Heaton

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

House File 272, a bill for an act relating to felonious misconduct
by a public officer or employee and providing a penalty, was taken up
for consideration.

Baudler of Adair 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. 272)

The ayes were, 100:

Alons	Arnold	Atteberry	Barry
Baudler	Bell	Boal	Boddicker
Boggess	Bradley	Brauns	Broers
Brunkhorst	Bukta	Carroll	Chiodo
Cohoon	Connors	Cormack	De Boef
Dix	Dolecheck	Dotzler	Drake
Eddie	Eichhorn	Elgin	Falck
Fallon	Finch	Foege	Ford
Frevert	Garman	Gipp	Greimann
Grundberg	Hahn	Hansen	Hatch
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	Osterhaus
Petersen	Quirk	Raecker	Rants
Rayhons	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Sievers	Smith
Stevens	Sukup	Taylor, D.	Taylor, T.
Teig	Tremmel	Tymeson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Winckler	Wise	Witt	Mr. Speaker
			Siegrist

The nays were, none.

Absent or not voting, none.

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 229 be immediately messaged to the Senate.

On motion by Rants of Woodbury, the House was recessed at 9:27
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:00 p.m., Speaker pro tempore Sukup in
the chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Barry of Harrison, Hansen of Pottawattamie, Larson of Linn and Siegrist of
Pottawatamie, until their arrival, on request of Rants of Woodbury.

QUORUM CALL

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

INTRODUCTION OF BILLS

House File 450, by committee on human resources, a bill for an
act relating to the use of generally accepted accounting principles by
health care facilities and providing an effective date.

Read first time and placed on the calendar.

House File 451, by committee on state government, a bill for an
act regulating the practice of accounting, establishing fees, providing
penalties, and providing an effective date.

Read first time and placed on the calendar.

House File 452, by committee on human resources, a bill for an
act relating to appeals of orders and decrees entered by the juvenile
court.

Read first time and placed on the calendar.

House File 453, by committee on natural resources, a bill for an
act relating to the registration and titling of all-terrain vehicles and
snowmobiles, and subjecting violators to a penalty.

Read first time and placed on the calendar.

House File 454, by Hatch and Dotzler, a bill for an act relating to
the title insurance guaranty program.

Read first time and referred to committee on commerce and
regulation.

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
February 28, 2001, passed the following bill in which the concurrence of the Senate was
asked:

House File 267, a bill for an act renaming the waste management assistance
division of the department of natural resources.

Also: That the Senate has on February 28, 2001, passed the following bill in which
the concurrence of the House is asked:

Senate File 106, a bill for an act relating to statutory corrections which may adjust
language to reflect current practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update
ongoing provisions, or remove ambiguities and providing effective dates.

Also: That the Senate has on February 28, 2001, passed the following bill in which
the concurrence of the House is asked:

Senate File 222, a bill for an act relating to the statute of limitations in civil actions
arising out of the unsafe or defective condition of an improvement to real property.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGES CONSIDERED

Senate File 104, by committee on education, a bill for an act
relating to a study of the Iowa communications network as a school
district instructional tool for students enrolled in kindergarten
through grade twelve.

Read first time and referred to committee on education.

Senate File 114, by committee on human resources, a bill for an
act relating to the composition of the medical assistance advisory
council.

Read first time and referred to committee on human resources.

Senate File 185, by committee on ways and means, a bill for an
act relating to the definition of factory-built structures, the relocation
of factory-built structures, the certification of installers of
manufactured homes, and providing a fee, an appropriation, and a
civil penalty.

Read first time and referred to committee on local government.

Senate File 211, by committee on agriculture, a bill for an act
relating to the powers and duties of the department of agriculture
and land stewardship.

Read first time and referred to committee on agriculture.

CONSIDERATION OF BILLS
Regular Calendar

House File 354, a bill for an act relating to the pronouncement of
death by a physician assistant, a licensed practical nurse, or a
registered nurse, was taken up for consideration.

Grundberg of Polk offered the following amendment H-1075 filed
by her and moved its adoption:

H-1075

1 Amend House File 354 as follows:
2 1. Page 1, line 15, by inserting after the word
3 "hospice" the following: "program or".
4 2. Page 2, line 12 by striking the word
5 "physician," and inserting the following:
6 "physician,".
7 3. Page 2, by striking line 14 and inserting the
8 following: "chapter 148C, or a registered nurse or a
9 licensed practical nurse".

Amendment H-1075 was adopted.

Grundberg of Polk 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. 354)

The ayes were, 96:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dix
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Elgin	Falck	Fallon
Finch	Foege	Ford	Frevert
Garman	Gipp	Greimann	Grundberg
Hahn	Hatch	Heaton	Hoffman
Horbach	Houser	Hoversten	Huseman
Huser	Jacobs	Jenkins	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Millage	Murphy	Myers	O'Brien
Osterhaus	Petersen	Quirk	Raecker
Rants	Rayhons	Rekow	Reynolds
Richardson	Roberts	Scherrman	Schrader
Seng	Shey	Shoultz	Sievers
Smith	Stevens	Taylor, D.	Taylor, T.
Teig	Tremmel	Tymeson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Winckler	Wise	Witt	Sukup,
		Presiding

The nays were, none.

Absent or not voting, 4:

Barry	Hansen	Larson	Siegrist, Spkr.

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

House File 349, a bill for an act relating to the enterprise zone
program by creating an eligible development business portion of the
program, amending the incentives and assistance provisions available
under the enterprise zone program, and providing a retroactive
applicability date, was taken up for consideration.

Jenkins of Black Hawk asked and received unanimous consent to
withdraw amendment H-1067 filed by him on February 21, 2001.

Jenkins of Black Hawk offered amendment H-1076 filed by him as
follows:

H-1076

1 Amend House File 349 as follows:
2 1. Page 1, by inserting after line 27 the
3 following:
4 "Sec. . Section 15E.193B, subsection 2, Code
5 2001, is amended to read as follows:
6 2. An eligible housing business under this section
7 includes a housing developer, housing contractor, or
8 nonprofit organization that builds or rehabilitates a
9 minimum of four single-family homes ~~with a value,~~
10 ~~after completion of the building or rehabilitation,~~
11 ~~not exceeding one hundred twenty thousand dollars for~~
12 ~~each home~~ located in that part of a city or county in
13 which there is a designated enterprise zone or one
14 multiple dwelling unit building containing three or
15 more individual dwelling units ~~with a total value per~~
16 ~~unit, after completion of the building or~~
17 ~~rehabilitation, not exceeding one hundred twenty~~
18 ~~thousand dollars~~ located in that part of a city or

19 county in which there is a designated enterprise zone.
20 Sec. . Section 15E.193B, subsection 6,
21 paragraph a, Code 2001, is amended to read as follows:
22 a. An eligible housing business may claim a tax
23 credit up to a maximum of ten percent of the new
24 investment which is directly related to the building
25 or rehabilitating of a minimum of four single-family
26 homes located in that part of a city or county in
27 which there is a designated enterprise zone or one
28 multiple dwelling unit building containing three or
29 more individual dwelling units located in that part of
30 a city or county in which there is a designated
31 enterprise zone. The new investment that may be used
32 to compute the tax credit shall not exceed the new
33 investment used for the first one hundred forty
34 thousand dollars of value for each single-family home
35 or for each unit of a multiple dwelling unit building
36 containing three or more units. The tax credit may be
37 used to reduce the tax liability imposed under chapter
38 422, division II, III, or V. Any credit in excess of
39 the tax liability for the tax year may be credited to
40 the tax liability for the following seven years or
41 until depleted, whichever occurs earlier. If the
42 business is a partnership, S corporation, limited
43 liability company, or estate or trust electing to have
44 the income taxed directly to the individual, an
45 individual may claim the tax credit allowed. The
46 amount claimed by the individual shall be based upon
47 the pro rata share of the individual's earnings of the
48 partnership, S corporation, limited liability company,
49 or estate or trust."
50 2. Page 5, by inserting after line 28 the

Page 2

1 following:
2 "Sec. . Section 15E.194, subsection 4, Code
3 2001, is amended to read as follows:
4 4. A city of any size or any county may designate
5 an enterprise zone at any time prior to July 1, 2010,
6 when a business closure occurs involving the loss of
7 full-time employees, not including retail employees,
8 at one place of business totaling at least one
9 thousand employees or four percent or more of the
10 county's resident labor force based on the most recent
11 annual resident labor force statistics from the
12 department of workforce development, whichever is
13 lower. The enterprise zone may be established on the
14 property of the place of business that has closed and
15 the enterprise zone may include an area up to an
16 additional ~~one mile~~ five miles adjacent to the
17 property. The area meeting the requirements for

18 enterprise zone eligibility under this subsection
19 shall not be included for the purpose of determining
20 the area limitation pursuant to section 15E.192,
21 subsection 4. The area included in an enterprise zone
22 designated under this subsection on or after June 1,
23 2000, may be amended to change the boundaries of the
24 enterprise zone. Such an amendment must be approved
25 by the department within three years of the date the
26 enterprise zone was certified."
27 3. Title page, by striking lines 1 through 4 and
28 inserting the following: "An Act relating to the
29 enterprise zone program and providing a retroactive".
30 4. By renumbering as necessary.

Jenkins of Black Hawk offered the following amendment H-1077,
to amendment H-1076, filed by him and moved its adoption:

H-1077

1 Amend the amendment, H-1076, to House File 349, as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 1, line 11, by inserting after the
6 word "company," the following: "cooperative organized
7 under chapter 501 and filing as a partnership for
8 federal tax purposes,".
9 . Page 1, line 16, by inserting after the word
10 "company," the following: "cooperative organized
11 under chapter 501 and filing as a partnership for
12 federal tax purposes,"."
13 2. Page 1, line 43, by inserting after the word
14 "company," the following: "cooperative organized
15 under chapter 501 and filing as a partnership for
16 federal tax purposes,".
17 3. Page 1, line 48, by inserting after the word
18 "company," the following: "cooperative organized
19 under chapter 501 and filing as a partnership for
20 federal tax purposes,".
21 4. Page 1, by inserting after line 49 the
22 following:
23 " . Page 4, line 4, by inserting after the word
24 "company," the following: "cooperative organized
25 under chapter 501 and filing as a partnership for
26 federal tax purposes,".
27 . Page 4, line 9, by inserting after the word
28 "company," the following: "cooperative organized
29 under chapter 501 and filing as a partnership for
30 federal tax purposes,"."
31 5. By renumbering as necessary.

Amendment H-1077 was adopted.

On motion by Jenkins of Black Hawk amendment H-1076, as
amended, was adopted.

Jenkins of Black Hawk offered the following amendment H-1083
filed by him and moved its adoption:

H-1083

1 Amend House File 349 as follows:
2 1. Page 3, line 35, by inserting after the words
3 "or V" the following: "or chapter 432".

Amendment H-1083 was adopted.

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

On the question "Shall the bill pass?" (H.F. 349)

The ayes were, 95:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dix
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Elgin	Falck	Fallon
Finch	Foege	Ford	Frevert
Garman	Gipp	Greimann	Grundberg
Hahn	Hatch	Heaton	Hoffman
Horbach	Houser	Hoversten	Huseman
Huser	Jacobs	Jenkins	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Millage	Murphy	O'Brien	Osterhaus
Petersen	Quirk	Raecker	Rants
Rayhons	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Sievers	Smith
Stevens	Taylor, D.	Taylor, T.	Teig
Tremmel	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Winckler

Wise Witt Sukup,
Presiding

The nays were, none.

Absent or not voting, 5:

Barry	Hansen	Larson	Myers
Siegrist, Spkr.

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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 349 and 354.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Myers of Johnson for the remainder of the day and for Thursday, March 1, 2001, on
request of Warnstadt of Woodbury.

House File 325, a bill for an act relating to regulation of multiple
employer welfare arrangements by the commissioner of insurance,
repealing the future repeal date for such regulation, and providing an
effective date, was taken up for consideration.

Jacobs of Polk offered the following amendment H-1111 filed by
her and moved its adoption:

H-1111

1 Amend House File 325 as follows:
2 1. Page 1, line 26, by striking the word "which"
3 and inserting the following: "~~which~~ that".
4 2. Page 2, by inserting after line 2 the
5 following:
6 "d. A multiple employer welfare arrangement
7 registered with the commissioner of insurance shall
8 file with the commissioner of insurance on or before
9 March 1 of each year a copy of the report required to
10 be filed with the United States department of labor
11 pursuant to 29 C.F.R. } 2520.101-2.

12 e. A multiple employer welfare arrangement
13 registered with the commissioner of insurance shall
14 file with the commissioner of insurance on or before
15 March 1 of each year an annual report containing all
16 of the following information regarding the multiple
17 employer welfare arrangement:
18 (1) The number of participants.
19 (2) The amount of premium collected.
20 (3) Those special health and accident coverages
21 under chapter 514C provided by the multiple welfare
22 arrangement.
23 f. The reports filed by the multiple employer
24 welfare arrangements pursuant to paragraph "e" shall
25 be compiled by the insurance division and filed
26 annually with the general assembly by March 30. The
27 compilation shall include the following information:
28 (1) A computation of the amount of premium tax
29 that would have been paid by the multiple employer
30 welfare arrangements if the arrangements had been
31 insurance companies.
32 (2) A computation of the amount that would have
33 been assessed by the Iowa individual health benefit
34 reinsurance association to the multiple employer
35 welfare arrangements if the arrangements had been
36 members of the Iowa individual health benefit
37 reinsurance association.
38 Sec. . INTERIM STUDY. The legislative council
39 is requested to authorize an interim study committee
40 to review the current status of the health insurance
41 market in Iowa with regard to multiple employer
42 welfare arrangements presently registered with the
43 commissioner of insurance, and whether or not
44 additional multiple employer welfare arrangements
45 should be permitted to operate in Iowa. The study
46 shall include a review of the regulatory oversight of
47 all health insurance products sold in Iowa, and report
48 on the conditions of the health insurance market in
49 Iowa. The study committee shall be composed of
50 representatives of the general assembly, the insurance

Page 2

1 division, the insurance industry, the business
2 community, and such other interests as the legislative
3 council deems appropriate. Appointments to the
4 committee shall be made no later than June 15, 2001.
5 Staffing for the committee shall be provided by the
6 legislative service bureau. The study committee shall
7 submit a report of findings and recommendations,
8 including proposed legislation, if any, to the general
9 assembly on or before November 15, 2001."
10 3. Page 2, by inserting after line 7 the

11 following:
12 "Sec. . Section 507A.4, subsection 10,
13 paragraphs e and f, as enacted in this Act, are
14 amended by striking the paragraphs effective July 1,
15 2002."
16 4. By renumbering as necessary.

Amendment H-1111 was adopted.

Jacobs of Polk 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. 325)

The ayes were, 95:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dix
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Elgin	Falck	Fallon
Finch	Foege	Ford	Frevert
Garman	Gipp	Greimann	Grundberg
Hahn	Hatch	Heaton	Hoffman
Horbach	Houser	Hoversten	Huseman
Huser	Jacobs	Jenkins	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Millage	Murphy	O'Brien	Osterhaus
Petersen	Quirk	Raecker	Rants
Rayhons	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Sievers	Smith
Stevens	Taylor, D.	Taylor, T.	Teig
Tremmel	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Winckler
Wise	Witt	Sukup,
		Presiding

The nays were, none.

Absent or not voting, 5:

Barry	Hansen	Larson	Myers
Siegrist, Spkr.

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

House File 245, a bill for an act relating to the verification of a
uniform citation and complaint issued by a law enforcement agency,
was taken up for consideration.

SENATE FILE 83 SUBSTITUTED FOR HOUSE FILE 245

Baudler of Adair asked and received unanimous consent to
substitute Senate File 83 for House File 245.

Senate File 83, a bill for an act relating to the verification of a
uniform citation and complaint issued by a law enforcement agency,
was taken up for consideration.

Baudler of Adair 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. 83)

The ayes were, 95:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dix
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Elgin	Falck	Fallon
Finch	Foege	Ford	Frevert
Garman	Gipp	Greimann	Grundberg
Hahn	Hatch	Heaton	Hoffman
Horbach	Houser	Hoversten	Huseman
Huser	Jacobs	Jenkins	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Millage	Murphy	O'Brien	Osterhaus
Petersen	Quirk	Raecker	Rants
Rayhons	Rekow	Reynolds	Richardson
Roberts	Scherrman	Schrader	Seng
Shey	Shoultz	Sievers	Smith
Stevens	Taylor, D.	Taylor, T.	Teig
Tremmel	Tymeson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Winckler
Wise	Witt	Sukup,
		Presiding

The nays were, none.

Absent or not voting, 5:

Barry	Hansen	Larson	Myers
Siegrist, Spkr.

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

House File 294, a bill for an act relating to contracts and
compensation that benefit a member of the board of directors of a
school district, was taken up for consideration.

Boal of Polk offered the following amendment H-1074 filed by her
and moved its adoption:

H-1074

1 Amend House File 294 as follows:
2 1. Page 1, by striking lines 6 through 8 and
3 inserting the following: "subdistrict.
4 Notwithstanding any contrary provision of the Code, a
5 member of the board of directors of a school district
6 shall not receive compensation directly from the
7 school board unless the compensation is for part-time
8 or temporary employment and does not exceed the
9 limitation set forth in section 279.7A."
10 2. Page 1, by striking lines 19 and 20 and
11 inserting the following: "the purchase of goods or
12 services which benefit a director, or to compensation
13 for part-time or temporary employment which benefits a
14 director, if the benefit".

Amendment H-1074 was adopted.

Boal of Polk 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. 294)

The ayes were, 94:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dix
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Elgin	Falck	Fallon
Finch	Foege	Ford	Frevert
Garman	Gipp	Greimann	Grundberg
Hahn	Hatch	Heaton	Hoffman
Horbach	Hoversten	Huseman	Huser
Jacobs	Jenkins	Jochum	Johnson
Kettering	Klemme	Kreiman	Kuhn
Larkin	Lensing	Manternach	Mascher
May	Mertz	Metcalf	Millage
Murphy	O'Brien	Osterhaus	Petersen
Quirk	Raecker	Rants	Rayhons
Rekow	Reynolds	Richardson	Roberts
Scherrman	Schrader	Seng	Shey
Shoultz	Sievers	Smith	Stevens
Taylor, D.	Taylor, T.	Teig	Tremmel
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Winckler	Wise
Witt	Sukup,
	Presiding

The nays were, none.

Absent or not voting, 6:

Barry	Hansen	Houser	Larson
Myers	Siegrist, Spkr.

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

HOUSE FILE 245 WITHDRAWN

Baudler of Adair asked and received unanimous consent to
withdraw House File 245 from further consideration by the House.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 294, 325 and Senate File 83.

SPECIAL PRESENTATION

Bukta of Clinton introduced to the House the Honorable La Metta
Wynn, Mayor of Clinton, Iowa.

The House rose and expressed its welcome.

HOUSE FILE 288 REREFERRED

The Speaker announced that House File 288, previously referred
to committee on local government was rereferred to committee on
agriculture.

MOTION TO RECONSIDER
(House File 272)

I move to reconsider the vote by which House File 272 passed the
House on February 28, 2001.

TREMMEL of Wapello

PRESENTATION OF VISITORS

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

Six Family, Career and Community Leaders of America high
school students from Gilbert High School, Gilbert, accompanied by
Karlene Wonderlich. By Garman of Story.

Six Family, Career and Community Leaders of America members
from Glenwood High School, Glenwood, accompanied by Mrs. Janis
Moore. By Houser of Pottawattamie.

SUBCOMMITTEE ASSIGNMENTS

House File 141

State Government: Larkin, Chair; Elgin and Gipp.

House File 288

Agriculture: Mertz, Chair; Manternach and Rekow.

House File 386

Commerce and Regulation: Jacobs, Chair; Falck and Jenkins.

House File 396

Natural Resources: Weidman, Chair; Baudler and May.

House File 411

Local Government: Sievers, Chair; Arnold and Connors.

House File 423

Appropriations: Heaton, Chair; Barry and T. Taylor.

House File 425

Labor and Industrial Relations: Boddicker, Chair; Barry and Murphy.

House File 428

Labor and Industrial Relations: Hansen, Chair; Dolecheck and T. Taylor.

House File 429

Labor and Industrial Relations: Sukup, Chair; Dotzler and Millage.

House File 431

Labor and Industrial Relations: Millage, Chair; Ford and Horbach.

House File 432

Appropriations: Jacobs, Chair; Barry and Bell.

Senate Concurrent Resolution 2

Administration and Rules: Carroll, Chair; Dix and Jochum.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 176

Economic Development: Teig, Chair; Dotzler, Hoffman, Hoversten and Stevens.

House Study Bill 177

State Government: Brauns, Chair; Connors and Elgin.

House Study Bill 178

Environmental Protection: Bradley, Chair; Gipp and Hatch.

House Study Bill 181

Commerce and Regulation: Metcalf, Chair; Chiodo and Hansen.

House Study Bill 184

Labor and Industrial Relations: Metcalf, Chair; Hansen and T. Taylor.

House Study Bill 185

Local Government: Weidman, Chair; Arnold, Connors, Eddie and Reynolds.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 186 Agriculture

Providing for an income tax credit for making capital investments in
certain value-added agricultural businesses and including effective
and retroactive applicability date provisions.

H.S.B. 187 Ways and Means

Relating to the administration of the tax and related laws by the
department of revenue and finance, including administration of state
individual income, corporate income, sales and use, franchise, hotel
and motel, environmental protection charge on petroleum diminution,
property, cigarette and tobacco products, and inheritance taxes, local
option taxes, and including effective and retroactive applicability date
provisions.

H.S.B. 188 State Government

Providing title restrictions relating to the practice of physical
therapy, and providing a penalty.

H.S.B. 189 Natural Resources

Relating to the taking of fish and game by increasing fees for
nonresident hunting, fishing, fur harvesting, and related licenses,
providing for additional licenses and fees, and providing effective and
applicability dates.

H.S.B. 190 Education

Relating to the responsibilities and duties of the department of
education and the commission of libraries, including the renaming of
the regional library system, the appointment of trustees for the
unified library service district, development of a biennial unified plan
of service and service delivery in consultation with unified library
service districts and area education agency media centers, and
distribution of moneys allocated for purposes of the enrich Iowa
program.

H.S.B. 191 Environmental Protection

Prohibiting the land disposal of and requiring recycling or reuse of
white goods.

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 AGRICULTURE

Senate File 62, a bill for an act relating to the processing and distribution of honey
in residences.

Fiscal Note is not required.

Recommended Do Pass February 28, 2001.

Committee Bill (Formerly House File 163), relating to agricultural production, by
prohibiting acts relating to facilities or operations, making penalties applicable, and
providing penalties and civil liability.

Fiscal Note is not required.

Recommended Amend and Do Pass February 28, 2001.

Committee Bill (Formerly House Study Bill 124), requiring agricultural
equipment suppliers to repurchase certain items upon termination of an agricultural
equipment dealership agreement.

Fiscal Note is not required.

Recommended Amend and Do Pass February 28, 2001.

COMMITTEE ON EDUCATION

Committee Bill (Formerly House File 362), relating to the reimbursement of
administrative costs of an area education agency for services provided by the agency
under part C of the federal Individuals With Disabilities Education Act.

Fiscal Note is not required.

Recommended Amend and Do Pass February 28, 2001.

COMMITTEE ON NATURAL RESOURCES

Committee Bill (Formerly House Study Bill 120), relating to the registration and
titling of all-terrain vehicles and snowmobiles, and subjecting violators to a penalty.

Fiscal Note is not required.

Recommended Do Pass February 27, 2001.

COMMITTEE ON STATE GOVERNMENT

House File 225, a bill for an act providing for the reorganization of districts for the
election of Iowa state fair board directors, and providing for an election.

Fiscal Note is not required.

Recommended Do Pass February 28, 2001.

House File 256, a bill for an act relating to health care facility regulation,
including information to be included in a notice of a deficiency and including the
collaboration of the department of inspections and appeals and the state fire marshal
in promulgating rules.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1116 February 28,
2001.

Committee Bill (Formerly House Study Bill 129), providing for the protection of
proprietary rights and collection of fees and revenue for software, network designs, and
technology applications of the Iowa communications network.

Fiscal Note is not required.

Recommended Amend and Do Pass February 28, 2001.

RESOLUTIONS FILED

HCR 19, by Sievers, Van Fossen, Shey, Dix, Barry, Hoversten,
Hansen, Boal, Raecker, Roberts, Tymeson, Teig, Eichhorn, Rants,
Bradley, Horbach, Broers, Hoffman, Boddicker, Millage, Baudler,
Weidman, Van Engelenhoven, Drake, Eddie, Johnson, Garman,
De Boef, Heaton, Brauns, Finch, Elgin, Manternach, Arnold, Rekow,
Huseman, Dolecheck, Alons, Kettering, Larson, Boggess, Metcalf,
Gipp, Grundberg, Carroll, Brunkhorst, Jenkins, Sukup, Klemme,
Houser, Rayhons, Siegrist, Hahn, Tyrrell, and Jacobs, a concurrent
resolution requesting the congressional delegation of the state of Iowa
support President Bush's tax relief proposal.

Laid over under Rule 25.

HR 19, by Carroll, a resolution declaring March 6, 2001, Marriage
Day.

Laid over under Rule 25.

SCR 11, by committee on state government, a concurrent resolution
requesting that the United States Congress create a standard
nationwide time for poll closings in general and congressional
elections.

Laid over under Rule 25.

AMENDMENTS FILED

H-1112 H.F. 399 Kreiman of Davis
H-1113 H.F. 352 Senate Amendment
H-1114 H.F. 399 Shoultz of Black Hawk
H-1115 H.F. 403 Reynolds of Van Buren
H-1116 H.F. 256 Committee on State Government
H-1117 S.F. 66 Murphy of Dubuque
H-1118 S.F. 66 Murphy of Dubuque
H-1119 S.F. 66 Murphy of Dubuque
H-1120 S.F. 66 Murphy of Dubuque
H-1121 S.F. 66 Witt of Black Hawk
H-1122 S.F. 66 Kreiman of Davis
H-1123 S.F. 66 Schrader of Marion
H-1124 S.F. 66 Quirk of Chickasaw
H-1125 S.F. 66 Atteberry of Delaware
H-1126 S.F. 66 Shoultz of Black Hawk

H-1127 S.F. 66 Greimann of Story
H-1128 S.F. 66 Hatch of Polk
H-1129 S.F. 66 Kuhn of Floyd
H-1130 S.F. 66 Wise of Lee
H-1131 S.F. 66 Dotzler of Black Hawk
H-1132 S.F. 66 Dotzler of Black Hawk
H-1133 S.F. 66 Wise of Lee
H-1134 S.F. 66 Wise of Lee
H-1135 S.F. 66 Ford of Polk

On motion by Rants of Woodbury the House adjourned at 2:25
p.m., until 8:45 a.m., Thursday, March 1, 2001.

Previous Day: Tuesday, February 27	Next Day: Thursday, March 1
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

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: Thu Mar 1 13:35:00 CST 2001
URL: /DOCS/GA/79GA/Session.1/HJournal/Day/0228.html
jhf