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House Journal: Tuesday, April 24, 2001

JOURNAL OF THE HOUSE

One Hundred Seventh Calendar Day - Seventy-fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 24, 2001

The House met pursuant to adjournment at 8:48 a.m., Gipp of
Winneshiek in the chair.

Prayer was offered by Reverend Greg Stamm, pastor of the
Community Reformed Church, Clinton. He was the guest of
Representative Clyde Bradley of Clinton County.

The Journal of Monday, April 23, 2001 was approved.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 23, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 564, a bill for an act providing for the reversion of dividends and
distributions by certain cooperative associations.

Also: That the Senate has on April 23, 2001, amended and passed the following bill
in which the concurrence of the House is asked:

House File 680, a bill for an act relating to child and dependent abuse reporting and
civil remedies pertaining to such reporting.

Also: That the Senate has on April 23, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 707, a bill for an act establishing an interstate distribution center
initiative by identifying an activity of a foreign corporation for which a return is not
required for state income tax purposes and including effective and retroactive
applicability date provisions.

MICHAEL E. MARSHALL, Secretary

SPECIAL PRESENTATION

Greimann of Story introduced to the House Fred Hoiberg and
Marcus Fizer, Iowa State University graduates and former college
basketball champions.

The House rose and expressed its welcome and appreciation.

ADOPTION OF HOUSE RESOLUTION 39

Dix of Butler called up for consideration House Resolution 39, a
resolution recognizing Iowa State University graduates Marcus Fizer
and Fred Hoiberg for serving as "Literacy Champions", and moved its
adoption.

The motion prevailed and the resolution was adopted.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Schrader of Marion on request of Myers of Johnson; Hoffman of Crawford on
request of Barry of Harrison.

SENATE AMENDMENTS CONSIDERED

Hoversten of Woodbury called up for consideration House File
598, a bill for an act establishing a child protection center grant
program, amended by the Senate, and moved that the House concur
in the following Senate amendment H-1578:

H-1578

1 Amend House File 598, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by striking lines 6 through 10, and
4 inserting the following: "requirements for the grant
5 program and shall award grants. A grant may be used".

The motion prevailed and the House concurred in the Senate
amendment H-1578.

Hoversten of Woodbury 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. 598)


The ayes were, 93:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Brauns Broers Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Frevert Garman
Greimann Grundberg Hahn Hansen
Hatch Heaton Horbach Houser
Hoversten Huseman 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 Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Seng Shey Shoultz Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 7:
Bradley Ford Hoffman Huser
Rants Schrader Siegrist, Spkr.

 


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

Carroll of Poweshiek called up for consideration House File 590, a
bill for an act relating to the testing of individuals and the release of
the results of tests for communicable and infectious diseases and for
the human immunodeficiency virus and making penalties applicable,
amended by the Senate amendment H-1574 as follows:

H-1574

1 Amend House File 590, as amended, passed and
2 reprinted by the House, as follows:
3 1. Page 1, line 32, by striking the words ",
4 health care provider,".

5 2. Page 2, line 4, by striking the words ",
6 health care provider".
7 3. Page 2, line 15, by striking the words "health
8 care provider,".
9 4. Page 2, lines 24 and 25, by striking the words
10 "health care provider,".
11 5. Page 2, lines 28 and 29, by striking the words
12 "health care provider,".
13 6. Page 2, by inserting after line 31, the
14 following:
15 "d. Notwithstanding any other provision of law to
16 the contrary, a care provider may transmit cautions
17 regarding contagious or infectious disease information
18 in the course of the care provider's duties over the
19 police radio broadcasting system under chapter 693 or
20 any other radio-based communications system, if the
21 information transmitted does not personally identify
22 an individual or the contagious or infectious
23 disease."
24 7. Page 2, line 34, by striking the words "health
25 care provider,".
26 8. Page 5, line 23, by striking the words ",
27 health care provider,".
28 9. Page 5, line 30, by striking the words ",
29 health care provider,".
30 10. Page 6, line 7, by striking the words "health
31 care provider,".
32 11. Page 6, lines 16 and 17, by striking the
33 words "health care provider,".
34 12. Page 6, lines 20 and 21, by striking the
35 words "health care provider,".
36 13. Page 6, line 25, by striking the words
37 "health care provider,".
38 14. Page 6, line 31, by striking the words
39 "health care provider,".

Carroll of Poweshiek offered the following amendment H-1597, to
Senate amendment H-1574, filed by him and moved its adoption:

H-1597

1 Amend the Senate Amendment, H-1574, to House File
2 590 as amended, passed and reprinted by the House, as
3 follows:
4 1. Page 1, by striking lines 22 and 23, and
5 inserting the following: "an individual.""

Amendment H-1597 was adopted.


On motion by Carroll of Poweshiek the House concurred in the
Senate amendment H-1574, as amended.

Carroll of Poweshiek moved that the bill, as amended by the
Senate, further amended and concurred in by the House, be read a
last time now and placed upon its passage which motion prevailed
and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 590)

The ayes were, 94:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Ford Frevert
Garman Greimann Grundberg Hahn
Hansen Hatch Heaton Horbach
Hoversten Huseman 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 Rekow
Reynolds Richardson Roberts Scherrman
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Dolecheck Hoffman Houser Huser
Rayhons Schrader

 


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


Eichhorn of Hamilton called up for consideration House File 180,
a bill for an act relating to exceptions to the required participation in
a court-approved course prior to the granting of a final dissolution of
marriage decree or the entering of a final custody order, amended by
the Senate, and moved that the House concur in the following Senate
amendment H-1583:

H-1583

1 Amend House File 180, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 598.13, Code 2001, is amended
6 to read as follows:
7 598.13 FINANCIAL STATEMENTS FILED.
8 1. Both parties shall disclose their financial
9 status. a showing of special circumstances shall not
10 be required before the disclosure is ordered. A
11 statement of net worth set forth by affidavit on a
12 form prescribed by the supreme court and furnished
13 without charge by the clerk of the district court
14 shall be filed by each party prior to the dissolution
15 hearing. However, the parties may waive this
16 requirement upon application of both parties and
17 approval by the court.
18 Failure to comply with the requirements of this
19 section subsection constitutes failure to make
20 discovery as provided in rule of civil procedure 134.
21 2. The court may, in its discretion, order a
22 trustee to provide, on behalf of a trust, information
23 including but not limited to, trust documents and
24 financial statements relating to any beneficial
25 interest a party to the pending action may have in the
26 trust."
27 2. Title page, by striking lines 1 through 4 and
28 inserting the following: "An Act relating to
29 dissolution of marriage including certain financial
30 statement information filed by the parties and
31 participation in a court-approved course prior to the
32 granting of a final dissolution of marriage decree or
33 the entering of a final custody order."

The motion prevailed and the House concurred in the Senate
amendment H-1583.

Eichhorn of Hamilton 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. 180)

The ayes were, 96:
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 Greimann Grundberg
Hahn Hansen Hatch Horbach
Houser Hoversten Huseman 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 Seng Shey
Shoultz Siegrist, Spkr. Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Heaton Hoffman Huser Schrader

 


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

IMMEDIATE MESSAGES

Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House Files
180, 590 and 598.


SENATE AMENDMENT CONSIDERED

Teig of Hamilton called up for consideration House File 694, a bill
for an act relating to housing by creating a housing trust fund and a
housing trust commission, amended by the Senate, and moved that
the House concur in the following Senate amendment H-1560:

H-1560

1 Amend House File 694, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by inserting after line 21 the
4 following:
5 "7. By January 1 of each year, the commission
6 shall submit an annual written report to the general
7 assembly and the governor regarding, at a minimum, the
8 activities of the commission and any recommendations
9 regarding legislation.
10 Sec. . NEW SECTION. 16.183 REPEAL.
11 Section 16.182 is repealed on June 30, 2004."
12 2. Page 2, line 22, by striking the word "The"
13 and inserting the following: "By January 1, 2002,
14 the".
15 3. Page 2, by striking line 26 and inserting the
16 following: "submit an interim progress report to the
17 general assembly and the".
18 4. Page 2, line 27, by striking the word "for"
19 and inserting the following: "which shall include
20 preliminary findings regarding".
21 5. Page 2, line 28, by inserting after the word
22 "agency." the following: "By January 1, 2003, the
23 housing trust commission, in cooperation with the Iowa
24 finance authority, the department of economic
25 development, the attorney general, and the department
26 of public health, shall submit a final report to the
27 general assembly and the governor which shall include
28 the final findings and recommendations for the
29 implementation of the consolidation of all housing
30 programs under one agency."
31 6. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 50, nays 41.

The motion prevailed and the House concurred in the Senate
amendment H-1560.


Teig of Hamilton 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. 694)

The ayes were, 55:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Dolecheck
Eddie Eichhorn Elgin Finch
Garman Grundberg Hahn Hansen
Heaton Horbach Houser Hoversten
Huseman Jacobs Jenkins Johnson
Kettering Klemme Kreiman Larson
Manternach Metcalf Millage Raecker
Rants Rayhons Rekow Roberts
Shey Siegrist, Spkr. Sievers Sukup
Teig Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Gipp,
Presiding

 


The nays were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Huser Jochum
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reynolds Richardson Scherrman Seng
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


Absent or not voting, 3:
Drake Hoffman Schrader

 


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


MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 24, 2001, concurred in the House amendment and passed the following bill in
which the concurrence of the Senate was asked:

Senate File 84, a bill for an act prohibiting the sale or distribution of purple
loosestrife.

MICHAEL E. MARSHALL, Secretary

CONSIDERATION OF BILLS
Unfinished Business Calendar

Senate File 344, a bill for an act restricting the exemption in the
public records law for communications made to government bodies,
with report of committee recommending passage, was taken up for
consideration.

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

On the question "Shall the bill pass?" (S.F. 344)

The ayes were, 97:
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 Grundberg Hahn
Hansen Hatch Heaton 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 Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 3:
Greimann Hoffman Schrader

 


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

Ways and Means Calendar

House File 730, a bill for an act relating to duties of the county
sheriff by increasing the fees and expenses collected by the county
sheriff for various services and the release of a garnishment, was
taken up for consideration.

SENATE FILE 184 SUBSTITUTED FOR HOUSE FILE 730

Shey of Linn asked and received unanimous consent to substitute
Senate File 184 for House File 730.

Senate File 184, a bill for an act relating to duties of the county
sheriff by increasing the fees and expenses collected by the county
sheriff for various services and the release of a garnishment, was
taken up for consideration.

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?" (S.F. 184)

The ayes were, 96:
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 Greimann Grundberg
Hahn Hansen Hatch Heaton
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins 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 Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Weidman
Winckler Wise Witt Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Hoffman Jochum Schrader Warnstadt

 


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

Unfinished Business Calendar

Senate File 57, a bill for an act relating to approval of city
ordinances granting certain utility franchises, with report of
committee recommending passage, was taken up for consideration.

Weidman of Cass 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. 57)


The ayes were, 94:
Alons Arnold Atteberry Barry
Baudler Bell 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 Greimann Grundberg Hahn
Hansen Hatch Horbach Houser
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Kettering
Klemme Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Gipp,
Presiding

 


The nays were, 1:
Kreiman

 


Absent or not voting, 5:
Boal Heaton Hoffman Murphy
Schrader

 


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

IMMEDIATE MESSAGES

Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House File
694, and Senate Files 57, 184 and 344.

On motion by Jacobs of Polk, the House was recessed at 10:29 a.m.,
until 2:00 p.m.


AFTERNOON SESSION

The House reconvened at 2:22 p.m., Dix of Butler in the chair.

INTRODUCTION OF BILL

House File 734, by Kuhn and Reynolds, a bill for an act relating
to the regulation of genetically modified agricultural and vegetable
seed and providing penalties and an effective date.

Read first time and referred to committee on agriculture.

QUORUM CALL

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

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 712, a bill for an act relating to the annual filing for
the family farm tax credit, to the notification to the assessor of the
change in ownership or the person actively engaged in farming the
tract of agricultural land for which the family farm tax credit is
allowed, providing a penalty, and including effective and applicability
date provisions, was taken up for consideration.

Sievers of Scott asked and received unanimous consent to
withdraw amendment H-1651 filed by him and Grundberg of Polk
from the floor.

Sievers of Scott offered the following amendment H-1659 filed by
him and Grundberg of Polk from the floor and moved its adoption:

H-1659

1 Amend House File 712 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 425.7, subsection 3,
5 unnumbered paragraph 2, Code 2001, is amended to read
6 as follows:

7 If a claim is disallowed by the director of revenue
8 and finance and not appealed to the state board of tax
9 review or appealed to and upheld by the state board of
10 tax review and a petition for judicial review is not
11 filed with respect to the disallowance, any amounts of
12 credits allowed and paid from the homestead credit
13 fund including the penalty, if any, become a lien upon
14 the property on which credit was originally granted,
15 if still in the hands of the claimant, and not in the
16 hands of a bona fide purchaser, and any amount so
17 erroneously paid including the penalty, if any, shall
18 be collected by the county treasurer in the same
19 manner as other taxes and the collections shall be
20 returned to the department of revenue and finance and
21 credited to the homestead credit fund. The director
22 of revenue and finance may institute legal proceedings
23 against a homestead credit claimant for the collection
24 of payments made on disallowed credits and the
25 penalty, if any. If a person makes a false claim or
26 affidavit with fraudulent intent to obtain the
27 homestead credit, the person is guilty of a fraudulent
28 practice and the claim shall be disallowed in full.
29 If the credit has been paid, the amount of the credit
30 plus a penalty equal to twenty-five percent of the
31 amount of credit plus interest, at the rate in effect
32 under section 421.7, from the time of payment shall be
33 collected by the county treasurer in the same manner
34 as other property taxes, penalty, and interest are
35 collected and when collected shall be paid to the
36 director of revenue and finance. If a homestead
37 credit is disallowed and the claimant failed to give
38 written notice to the assessor as required by section
39 425.2 when the property ceased to be used as a
40 homestead by the claimant, a civil penalty equal to
41 fifty five percent of the amount of the disallowed
42 credit is assessed against the claimant."
43 2. Page 2, by inserting after line 15 the
44 following:
45 "Sec. . Section 425.14, Code 2001, is
46 repealed."
47 3. Page 2, line 17 by inserting after the word
48 "for" the following: "homestead tax credits filed or
49 on file and for".
50 4. Title page, line 1, by inserting after the

Page 2

1 word "relating" the following: "to the homestead tax
2 credit and".

Gipp of Winneshiek in the chair at 2:32 p.m.

Amendment H-1659 was adopted.

Sievers of Scott 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. 712)

The ayes were, 97:
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 Greimann Grundberg
Hahn Hansen Hatch Heaton
Horbach Houser Hoversten Huseman
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 Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 3:
Hoffman Huser Schrader

 


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


Unfinished Business Calendar

Senate File 211, a bill for an act relating to the powers and duties
of the department of agriculture and land stewardship, with report of
committee recommending amendment and passage, was taken up for
consideration.

De Boef of Mahaska offered the following amendment H-1422 filed
by the committee on agriculture and moved its adoption:

H-1422

1 Amend Senate File 211, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, line 4, by striking the words
4 "previous fiscal year" and inserting the following:
5 "two previous fiscal year years".

The committee amendment H-1422 was adopted.

Frevert of Palo Alto offered the following amendment H-1427 filed
by her and moved its adoption:

H-1427

1 Amend Senate File 211, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 19 through 21, and
4 inserting the following: "pay an equal amount from
5 moneys deposited into the fund that are withheld from
6 the purses won by Iowa-foaled horses to the breeders
7 of the winning Iowa-foaled horses by December 31 of
8 each calendar year".
9 2. Page 1, line 23, by inserting after the word
10 "dog." the following: "The amount shall be paid to
11 breeders of horses that have won purses at races
12 limited to Iowa-foaled horses that are held by the
13 licensee and breeders of standardbred horses that have
14 won races limited to Iowa-foaled horses that are held
15 by societies of county or district fairs as provided
16 in chapter 174."

A non-record roll call was requested.

The ayes were 33, nays 47.

Amendment H-1427 lost.

De Boef of Mahaska 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. 211)

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 Dotzler Drake
Eddie Eichhorn Elgin Falck
Finch Foege Ford Frevert
Grundberg Hahn Hansen Hatch
Heaton Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Rants Rayhons Rekow Reynolds
Richardson Scherrman Seng Shey
Shoultz Siegrist, Spkr. Sievers Stevens
Sukup Taylor, D. Taylor, T. Teig
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Gipp,
Presiding

 


The nays were, 8:
Fallon Garman Greimann Raecker
Roberts Smith Tremmel Witt

 


Absent or not voting, 3:
Hoffman Larkin Schrader

 


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

HOUSE FILE 730 WITHDRAWN

Shey of Linn asked and received unanimous consent to withdraw
House File 730 from further consideration by the House.

Senate File 418, a bill for an act relating to unemployment
compensation by providing that social security pension payments are
nondeductible from unemployment benefits and providing for
coverage for employment by an Indian tribe and providing an
effective date, with report of committee recommending passage, was
taken up for consideration.

Horbach of Tama 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. 418)

The ayes were, 97:
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 Greimann Grundberg
Hahn Hansen Hatch Heaton
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Rekow Reynolds
Richardson Roberts Scherrman Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 3:
Hoffman Larkin Schrader

 




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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 712 and Senate File 418.

The House stood at ease at 3:09 p.m., until the fall of the gavel.

The House resumed session at 4:12 p.m., Carroll of Poweshiek in
the chair.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 24, 2001, concurred in the House amendment and passed the following bill in
which the concurrence of the Senate was asked:

Senate File 209, a bill for an act providing for the control of paratuberculosis, and
providing for penalties.

Also: That the Senate has on April 24, 2001, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 336, a bill for an act relating to the authority of the state board of
educational examiners to develop a code of professional rights and responsibilities,
practices, and ethics for practitioners.

Also: That the Senate has on April 24, 2001, appointed the conference committee to
Senate File 346, a bill for an act relating to the department of corrections by providing
for the use of deadly force by correctional or peace officers, for submission of
presentence investigation reports to the department, for establishing a training fund in
the department, for transcription and recording of testimony for certain investigations
conducted by the department of corrections, and for purchases by a department or
agency from Iowa state industries, and the members of the conference committee on
the part of the Senate are: The Senator from Jones, Senator McKean, Chair; the
Senator from Union, Senator Angelo; the Senator from Story, Senator Hammond; the
Senator from Polk, Senator Holveck; and the Senator from Sac, Senator King.

Also: That the Senate has on April 24, 2001, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 473, a bill for an act relating to the regulation of securities, by defining
the terms "agent" and "security", providing registration requirements, providing for

disciplinary actions, imposing fees and civil penalties, providing for testimony and the
production of evidence, authorizing cooperation with law enforcement entities,
providing criminal penalties, and eliminating reporting requirements,

Also: That the Senate has on April 24, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 514, a bill for an act relating to a maximum property tax dollars
limitation for counties and providing for the Act's applicability.

MICHAEL E. MARSHALL, Secretary

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-one members present, thirty-
nine absent.

Ways and Means Calendar

House File 716, a bill for an act providing for taxes relating to the
sale of ethanol blended gasoline, making penalties applicable, and
providing for the Act's applicability, was taken up for consideration.

Shoultz of Black Hawk offered the following amendment H-1634
filed by him and moved its adoption:

H-1634

1 Amend House File 716 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 214A.1, Code 2001, is amended
5 by striking the section and inserting in lieu thereof
6 the following:
7 214A.1 DEFINITIONS.
8 The following definitions shall apply to the
9 various terms used in this chapter:
10 1. "A.S.T.M." means the American society for
11 testing and materials.
12 2. "Dealer" means a retail dealer or a wholesale
13 dealer.
14 3. "Dispense" means to do any of the following:
15 a. Sell motor vehicle fuel on a retail basis.
16 b. Place motor vehicle fuel in the fuel tank of a
17 motor vehicle or small engine for the operation of
18 that motor vehicle or small engine.
19 c. Place motor vehicle fuel in or remove motor

20 vehicle fuel from a motor vehicle fuel container,
21 including for storage in a motor vehicle fuel storage
22 tank or transfer by motor vehicle storage tank piping.
23 4. "Fiberglass motor vehicle fuel storage tank" or
24 "fiberglass storage tank" means a motor vehicle fuel
25 storage tank that is fiberglass or fiberglass lined
26 when manufactured.
27 5. "Gasoline" means a motor vehicle fuel which is
28 not any of the following:
29 a. Diesel fuel.
30 b. Aviation gasoline or special fuel as defined in
31 section 452A.2.
32 6. "Gasoline station" means the location of a
33 profit or nonprofit business where gasoline is
34 dispensed by a retail dealer.
35 7. "Motor vehicle" means a self-propelled vehicle
36 that operates using gasoline, including but not
37 limited to any of the following:
38 a. An automobile as defined in section 321.1.
39 b. A motor truck as defined in section 321.1.
40 c. A motor bus as used in section 452A.57.
41 d. A motorcycle as defined in section 321.1.
42 e. A watercraft as defined in section 462A.2.
43 f. An off-road vehicle which is a snowmobile or an
44 all-terrain vehicle as defined in section 321G.1.
45 8. "Motor vehicle fuel" means the same as defined
46 in section 214.1.
47 9. "Motor vehicle fuel container" means a
48 container used for the temporary storage of motor
49 vehicle fuel by the consumer of that motor vehicle
50 fuel.

Page 2

1 10. "Motor vehicle fuel pump" or "pump" means the
2 same as defined in section 214.1.
3 11. "Motor vehicle fuel storage tank" or "storage
4 tank" means a tank that is a fixture on the surface or
5 underground on the premises of a gasoline station, if
6 the tank and piping are used to store and dispense
7 gasoline to customers on a retail basis.
8 12. "Motor vehicle fuel storage tank equipment" or
9 "storage tank equipment" means a motor vehicle fuel
10 storage tank and motor vehicle fuel storage tank
11 piping.
12 13. "Motor vehicle fuel storage tank piping" or
13 "storage tank piping" means any rigid or flexible
14 piping used to transport motor vehicle fuel from a
15 motor vehicle fuel storage tank to a motor vehicle
16 storage tank pump.
17 14. "MTBE" means methyl tertiary butyl ether.
18 15. "Oxygenate octane enhancer" means oxygen-

19 containing compounds, including but not limited to
20 alcohols, ethers, or ethanol.
21 16. "Oxygenated gasoline" means gasoline that
22 contains an oxygenate octane enhancer as provided in
23 section 214A.2.
24 17. "Qualified motor vehicle" means a motor
25 vehicle that is any of the following:
26 a. A watercraft.
27 b. A motorcycle.
28 c. An antique vehicle registered under section
29 321.115.
30 d. An off-road vehicle that is a snowmobile or an
31 all-terrain vehicle.
32 18. "Raceway" means an enclosed area in which
33 there is located a public or private road used for
34 racing.
35 19. "Retail dealer" means a person who operates,
36 maintains, or conducts, either in person, or by any
37 agent, employee, or servant, any place of business
38 from which motor vehicle fuel is sold or offered for
39 sale, at retail.
40 20. "Sell" means to sell or offer to sell.
41 21. "Unoxygenated gasoline" means gasoline other
42 than oxygenated gasoline.
43 22. "Wholesale dealer" means a person, other than
44 a retail dealer, who provides motor vehicle fuel for
45 sale within this state.
46 Sec. 2. Section 214A.2, subsection 1, Code 2001,
47 is amended to read as follows:
48 1. a. The secretary department shall adopt rules
49 pursuant to chapter 17a for carrying out this chapter.
50 The rules may shall include, but are not limited to,

Page 3

1 establishing specifications relating to motor vehicle
2 fuel or oxygenate octane enhancers.
3 b. In the interest of uniformity, the secretary
4 department shall adopt rules, by reference or
5 otherwise, to establish specifications relating to
6 tests and standards for motor vehicle fuel or
7 oxygenate octane enhancers, established. The
8 specifications shall be based on those established by
9 the American society for testing and materials
10 (A.S.T.M.), unless the secretary department determines
11 that those specifications are inconsistent with this
12 chapter or are not appropriate to the conditions which
13 exist in this state.
14 Sec. 3. Section 214A.2, Code 2001, is amended by
15 adding the following new subsection:
16 NEW SUBSECTION. 1A. An oxygenated gasoline must
17 contain at least three and five-tenths percent oxygen

18 by weight.
19 Sec. 4. Section 214A.2A, Code 2001, is amended to
20 read as follows:
21 214A.2A KEROSENE LABELING AND LOW GRAVITY
22 PETROLEUM PRODUCTS.
23 1. Fuel which is sold or is kept, offered, or
24 exposed for sale as kerosene shall be labeled as
25 kerosene. The label shall include the word "kerosene"
26 and a designation as either "K1" or "K2", and shall
27 indicate that the kerosene is in compliance with the
28 standard specification adopted by the A.S.T.M. in
29 specification D-3699 (1982).
30 2. Kerosene and distillate or petroleum products
31 of lower gravity (Baume scale), when not used to
32 propel a motor vehicle or compounded or combined with
33 a motor vehicle fuel, are exempt from this chapter.
34 Sec. 5. Section 214A.4, Code 2001, is amended to
35 read as follows:
36 214A.4 INTRASTATE SHIPMENTS.
37 A wholesale dealer or retail dealer shall not
38 receive or sell or hold for sale, within this state,
39 any motor vehicle fuel or an oxygenate octane enhancer
40 for which specifications are prescribed in this
41 chapter, unless the all of the following apply:
42 1. The motor vehicle fuel is subject to
43 specifications required in this chapter, other than
44 standards relating to the oxygen content of oxygenated
45 gasoline as provided pursuant to section 214A.2.
46 2. The dealer first secures receives from the
47 refiner or producer of the motor vehicle fuel or
48 oxygenate octane enhancer, a certified statement,
49 verified by the oath of by a competent chemist
50 qualified according to requirements of the department,

Page 4

1 who is employed by or representing represents the
2 refiner or producer, showing. The statement shall
3 certify that the true standards and tests of the motor
4 vehicle fuel or oxygenate octane enhancer, obtained by
5 the methods referred to satisfies specifications for
6 the motor vehicle fuel as required by the department
7 pursuant to section 214A.2. The statement shall be
8 based on tests and standards approved by the
9 department as provided in section 214A.2. The
10 verified tests are required and certified statement
11 must accompany the bill of lading or shipping
12 documents representing the shipment of the motor
13 vehicle fuel or oxygenate octane enhancer into this
14 state before the shipment can be received and
15 unloaded, and shall be included with any cargo
16 documents required pursuant to section 452A.12.

17 Sec. 6. NEW SECTION. 214A.21 GENERAL
18 REQUIREMENTS.
19 1. Except as provided in this section, a person
20 shall not dispense gasoline other than oxygenated
21 gasoline in this state.
22 2. This section shall not apply to gasoline used
23 to operate any of the following:
24 a. An aircraft as defined in section 328.1.
25 b. A motor vehicle used exclusively for motor
26 sports, including a raceway, if the motor vehicle
27 cannot operate on a highway as provided in chapter 321
28 or rules adopted by the state department of
29 transportation.
30 3. A person may dispense unoxygenated gasoline
31 only as provided in this subsection. All unoxygenated
32 gasoline dispensed in this state shall be premium
33 grade unleaded gasoline as provided in section 214A.2.
34 The unoxygenated gasoline shall only be dispensed for
35 one of the following purposes:
36 a. The operation of a qualified motor vehicle or a
37 small engine.
38 b. The temporary storage of unoxygenated gasoline
39 in a small motor vehicle fuel container. The small
40 motor vehicle fuel container shall meet all of the
41 following requirements:
42 (1) It shall comply with the standards set forth
43 in section 214A.15, or rules adopted by the
44 department.
45 (2) It shall have a capacity of not more than six
46 gallons.
47 c. A retail dealer shall only dispense
48 unoxygenated gasoline at a gasoline station. A
49 gasoline station that is a marina, mooring facility,
50 or resort shall only dispense unoxygenated gasoline

Page 5

1 for use by a watercraft.
2 Sec. 7. NEW SECTION. 214A.22 MOTOR VEHICLE FUEL
3 STORAGE TANK - EQUIPMENT.
4 1. A retail dealer shall not install storage tank
5 equipment used to store or dispense gasoline, unless
6 the storage tank equipment is compatible with the
7 storage and dispensing of oxygenated gasoline.
8 2. a. Except as provided in this section, a
9 retail dealer shall not use more than one motor
10 vehicle fuel storage tank and connecting motor vehicle
11 fuel storage tank piping located on the premises of a
12 retail gasoline station for dispensing nonoxygenated
13 gasoline as provided in section 214A.21.
14 b. A retail dealer may use storage tank equipment
15 located on the premises of a retail gasoline station

16 for storing and dispensing nonoxygenated gasoline, if
17 the storage tank equipment is certified as exempt by
18 the department pursuant to this section.
19 c. In order to receive an exemption certificate,
20 the motor vehicle storage tank equipment must be
21 incompatible with the storage or dispensing of
22 oxygenated gasoline according to manufacturer
23 specifications. If the storage tank equipment is a
24 motor vehicle fuel storage tank, it must be a
25 fiberglass motor vehicle fuel storage tank.
26 3. The department shall grant an exemption
27 certificate upon application by the retail dealer in a
28 manner and according to procedures approved by the
29 department. The application shall contain all
30 information required by the department and shall at
31 least include all of the following:
32 a. The name of the retail dealer and the address
33 of the gasoline station.
34 b. A detailed description of the storage tank
35 equipment, including all of the following:
36 (1) The location of the storage tank equipment on
37 the premises of the gasoline station.
38 (2) The date that the storage tank equipment was
39 installed on the premises of the gasoline station.
40 (3) The model number of the storage tank
41 equipment, if available.
42 (4) A statement certified by the retail dealer
43 that the conversion necessary to store oxygenated fuel
44 in the fiberglass storage tank or dispense oxygenated
45 fuel using storage tank piping has not begun or been
46 completed since the date of installation.
47 c. A statement certified by the manufacturer of
48 the storage tank equipment verifying that the storage
49 tank equipment is not warranted for the storage or
50 dispensing of oxygenated fuel.

Page 6

1 4. The exemption certificate shall expire upon the
2 earlier of the following:
3 a. The date that the storage tank equipment is
4 replaced or converted with modifications necessary to
5 store or dispense oxygenated fuel. The retail dealer
6 shall immediately notify the department in writing of
7 the date that the exemption certificate expires under
8 this paragraph.
9 b. The twenty-year anniversary date of the
10 installation of the storage tank equipment.
11 5. The department shall extend an exemption
12 certificate upon application by the retail dealer in a
13 manner and according to procedures approved by the
14 department. The application shall contain all

15 information required in order to grant a certificate.
16 a. The retail dealer may apply for an extension
17 within one hundred eighty days from the certificate's
18 expiration date.
19 b. The retail dealer may apply for any number of
20 additional extensions within one hundred eighty days
21 from the last extended certificate's expiration date.
22 The department shall grant the extension if the
23 application meets all requirements for granting an
24 original certificate.
25 c. An extended exemption certificate shall expire
26 upon the earlier of the following:
27 (1) The date that the storage tank equipment is
28 replaced or converted with modifications necessary to
29 store or dispense oxygenated fuel. The retail dealer
30 shall immediately notify the department in writing of
31 the date that the exemption certificate expires under
32 this paragraph.
33 (2) The ten-year anniversary date of the
34 expiration of the original or an extended certificate.
35 Sec. 8. Section 452A.3, subsection 2, Code 2001,
36 is amended to read as follows:
37 2. a. For the privilege of operating aircraft in
38 this state an excise tax of eight cents per gallon is
39 imposed on the use of all aviation gasoline.
40 b. For the privilege of operating motor vehicles
41 in this state, an excise tax of nineteen cents per
42 gallon until June 30, 2007, is imposed upon the use of
43 motor fuel containing at least ten percent alcohol
44 distilled from cereal grains grown in the United
45 States and used for any purpose except as otherwise
46 provided in this division.
47 Sec. 9. Section 452A.12, Code 2001, is amended to
48 read as follows:
49 452A.12 LOADING AND DELIVERY EVIDENCE ON
50 TRANSPORTATION EQUIPMENT.

Page 7

1 1. As used in this section, unless the context
2 otherwise requires:
3 a. "Cargo document" means a manifest or loading
4 and delivery evidence as provided in this section.
5 b. "Gasoline" means the same as defined in section
6 214A.1.
7 c. "Oxygenate octane enhancer" means the same as
8 defined in section 214A.1.
9 d. "Oxygenated gasoline" means the same as defined
10 in section 214A.1.
11 e. "Premium grade unleaded gasoline" means a
12 gasoline that complies with the requirements of
13 section 214A.2.

14 2. A cargo document shall describe any
15 transportation of motor fuel as required in this
16 section.
17 2A. a. A serially numbered manifest cargo
18 document shall be carried on every vehicle, except
19 small tank wagons, while in use in transportation
20 service, on which shall be entered the following. The
21 cargo document shall be a serially numbered manifest.
22 The manifest shall include information as to about the
23 cargo of motor fuel or special fuel being moved in the
24 vehicle as required by the department, including all
25 of the following:
26 (1) The date and place of loading, and the place
27 to be unloaded, the of unloading the cargo.
28 (2) The person for whom it the cargo is to be
29 delivered, the.
30 (3) The nature and kind of product, the being
31 delivered. The manifest shall state whether the motor
32 fuel is gasoline or another type of motor fuel.
33 (4) The amount of product, and other information
34 required by the department including the number of
35 gallons of motor fuel being delivered.
36 (5) If the motor fuel is gasoline, the manifest
37 shall include the provisions required in subsection 4.
38 b. The manifest for small tank wagons shall be
39 retained at the home office. The manifest covering
40 each load transported, upon consummation of the
41 delivery, shall be completed by showing the date and
42 place of actual delivery and the person to whom
43 actually delivered and shall be kept as a permanent
44 record for a period of three years. However, the The
45 record of the manifest of past cargoes need is not
46 required to be carried on the conveyance but shall be
47 preserved by the carrier for inspection by the
48 department. A carrier subject to this subsection when
49 distributing for a licensee may with the approval of
50 the department substitute the loading and delivery

Page 8

1 evidence required in subsection 2 for in lieu of the
2 manifest.
3 2. 3. A person while transporting motor fuel or
4 undyed special fuel from a refinery or marine or
5 pipeline terminal in this state or from a point
6 outside this state over the highways of this state in
7 service other than that under subsection 1 2A shall
8 carry in the vehicle a loading invoice cargo document
9 which shall be loading and delivery evidence showing
10 all of the following:
11 a. The name and address of the seller or
12 consignor, the.

13 b. The date and place of loading, and the.
14 c. The kind and quantity of motor fuel or special
15 fuel loaded, together with invoices. The loading and
16 delivery evidence shall state whether the motor fuel
17 is gasoline or another type of motor fuel.
18 d. Invoices showing the kind and quantity of each
19 delivery and the name and address of each purchaser or
20 consignee. If the motor fuel is gasoline, the invoice
21 shall state the number of gallons of gasoline being
22 delivered. The loading invoice shall include the
23 provisions required in subsection 4.
24 4. a. Except as provided in paragraph "b", if the
25 cargo is gasoline, the cargo document shall identify
26 the volume percentage or gallons of oxygenate octane
27 enhancers in the gasoline, and the octane number for
28 the gasoline as provided in section 214A.2. The cargo
29 document shall include a statement printed in at least
30 ten point boldface type. The statement shall provide
31 as follows:
32 (1) If the motor fuel is oxygenated gasoline, the
33 statement shall provide: "This motor fuel is
34 oxygenated gasoline legal for sale in this state as
35 provided by Iowa Code chapter 214A."
36 (2) If the motor fuel is not oxygenated gasoline,
37 one of the following shall apply:
38 (a) If the unoxygenated gasoline is a premium
39 grade unleaded gasoline, the statement shall provide:
40 "This motor fuel is nonoxygenated unleaded premium
41 grade gasoline legal for restricted retail sale in
42 this state as provided in Iowa Code chapter 214A."
43 (b) If the unoxygenated gasoline is not a premium
44 grade unleaded gasoline, the statement shall provide:
45 "This motor fuel is nonoxygenated gasoline and shall
46 not be sold on a retail basis in Iowa."
47 b. This subsection shall not apply to the
48 transport of gasoline between refineries, between
49 terminals, or between a refinery and a terminal.
50 Sec. 10. STUDY - ALTERNATIVE FUELS.

Page 9

1 1. As used in this section, "alternative fuels"
2 means electricity, compressed natural gas, liquefied
3 natural gas, biodiesel fuels, gasoline containing a
4 mixture of eighty-five or more percent ethanol, and
5 gasoline containing eighty-five percent or more
6 methanol.
7 2. The department of revenue and finance, in
8 consultation with the state department of
9 transportation, shall conduct a study regarding
10 methods to tax alternative fuels, including the amount
11 of revenue raised from such methods, in order to

12 ensure that such fuels are taxed on the same basis as
13 conventional motor vehicle fuels.
14 3. The department of revenue and finance shall
15 submit its report to the general assembly not later
16 than January 10, 2002."
17 2. Title page, by striking lines 1 through 3 and
18 inserting the following: "An Act relating to motor
19 vehicle fuels, by providing for standards regulated by
20 the department of agriculture and land stewardship,
21 providing for the transportation, sale, and dispensing
22 of oxygenated fuel, providing for tax revenues, and
23 making penalties applicable."

Amendment H-1634 lost.

Teig of Hamilton offered amendment H-1654 filed by him and
Kuhn of Floyd from the floor as follows:

H-1654

1 Amend House File 716 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 15.333, subsection 1, Code
5 Supplement 1999, as amended by 2000 Iowa Acts, chapter
6 1213, section 1, is amended to read as follows:
7 1. An eligible business may claim a corporate tax
8 credit up to a maximum of ten percent of the new
9 investment which is directly related to new jobs
10 created by the location or expansion of an eligible
11 business under the program. Any credit in excess of
12 the tax liability for the tax year may be credited to
13 the tax liability for the following seven years or
14 until depleted, whichever occurs earlier. Subject to
15 prior approval by the department of economic
16 development in consultation with the department of
17 revenue and finance, an eligible business whose
18 project primarily involves the production of value-
19 added agricultural products may elect to refund all or
20 a portion of an unused tax credit. For purposes of
21 this section, an eligible business includes a
22 cooperative described in section 521 of the Internal
23 Revenue Code which is not required to file an Iowa
24 corporate income tax return, and whose project
25 primarily involves the production of ethanol. The
26 refund may be used against a tax liability imposed
27 under chapter 422, division II, III, or V. If the
28 business is a partnership, subchapter S corporation,
29 limited liability company, or estate or trust electing
30 to have the income taxed directly to the individual,
31 an individual may claim the tax credit allowed. The

32 amount claimed by the individual shall be based upon
33 the pro rata share of the individual's earnings of the
34 partnership, subchapter S corporation, limited
35 liability company, or estate or trust. For purposes
36 of this section, "new investment directly related to
37 new jobs created by the location or expansion of an
38 eligible business under the program" means the cost of
39 machinery and equipment, as defined in section 427A.1,
40 subsection 1, paragraphs "e" and "j", purchased for
41 use in the operation of the eligible business, the
42 purchase price of which has been depreciated in
43 accordance with generally accepted accounting
44 principles, and the cost of improvements made to real
45 property which is used in the operation of the
46 eligible business and which receives a partial
47 property tax exemption for the actual value added
48 under section 15.332.
49 1A. An eligible business whose project primarily
50 involves the production of value-added agricultural

Page 2

1 products, that elects to receive a refund of all or a
2 portion of an unused tax credit, shall apply to the
3 department of economic development for tax credit
4 certificates. An eligible business whose project
5 primarily involves the production of value-added
6 agricultural products shall not claim a tax credit
7 under this section unless a tax credit certificate
8 issued by the department of economic development is
9 attached to the taxpayer's tax return for the tax year
10 during which the tax credit is claimed. For purposes
11 of this section, an eligible business includes a
12 cooperative described in section 521 of the Internal
13 Revenue Code which is not required to file an Iowa
14 corporate income tax return, and whose project
15 primarily involves the production of ethanol. A tax
16 credit certificate shall not be valid until the tax
17 year following the date of the project completion. A
18 tax credit certificate shall contain the taxpayer's
19 name, address, tax identification number, the date of
20 project completion, the amount of the tax credit,
21 other information required by the department of
22 revenue and finance. The department of economic
23 development shall not issue tax credit certificates
24 which total more than four million dollars during a
25 fiscal year. If the department receives applications
26 for tax credit certificates in excess of four million
27 dollars, the applicants shall receive certificates for
28 a prorated amount. The tax credit certificates shall
29 not be transferred. For a cooperative described in
30 section 521 of the Internal Revenue Code that is not

31 required to file an Iowa corporate income tax return,
32 the department of economic development shall require
33 that the cooperative submit a list of its members and
34 the share of each member's interest in the
35 cooperative. The department shall issue a tax credit
36 certificate to each member contained on the submitted
37 list."
38 2. Title page, line 1, by striking the words "the
39 sale of".

Shoultz of Black Hawk offered the following amendment H-1669,
to amendment H-1654, filed by him from the floor and moved its
adoption:

H-1669

1 Amend the amendment, H-1654, to House File 716, as
2 follows:
3 1. Page 1, by striking line 2, and inserting the
4 following:
5 " . By striking everything after the enacting
6 clause and inserting the".
7 2. Page 2, by striking lines 38 and 39, and
8 inserting the following:
9 " . Title page, by striking lines 1 through 3,
10 and inserting the following: "An Act providing for
11 taxes relating to ethanol.""

Amendment H-1669 lost.

On motion by Teig of Hamilton amendment H-1654 was adopted.

Richardson of Warren offered the following amendment H-1661
filed by him from the floor and moved its adoption:

H-1661

1 Amend House File 716 as follows:
2 1. Page 2, by inserting after line 21 the
3 following:
4 " . The tax savings received by the retail
5 dealer as a result of the tax credit received under
6 this section shall be passed on to the consumer of
7 ethanol blended gasoline by means of a reduction in
8 the retail price of such gasoline. If the retail
9 dealer is a partnership, limited liability company, S
10 corporation, estate, or trust electing to have the
11 income taxed directly to its partners, members,
12 shareholders, or beneficiaries, the retail dealer

13 shall pass on the tax savings received by those
14 individuals to the consumer of ethanol blended
15 gasoline by means of a reduction in the retail price
16 of such gasoline."
17 2. Page 3, by inserting after line 21, the
18 following:
19 " . The tax savings received by the retail
20 dealer as a result of the tax credit received under
21 this subsection shall be passed on to the consumer of
22 ethanol blended gasoline by means of a reduction in
23 the retail price of such gasoline."

Amendment H-1661 lost.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Garman of Story on request of Rants of Woodbury.

Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-1632 filed by him on April 23, 2001.

Shoultz of Black Hawk offered the following amendment H-1633
filed by him and moved its adoption:

H-1633

1 Amend House File 716 as follows:
2 1. By striking page 3, line 22, through page 6,
3 line 6, and inserting the following:
4 "Sec. . APPLICABILITY. The ethanol blended
5 gasoline tax credits provided in".
6 2. Title page, line 1, by striking the word
7 "taxes" and inserting the following: "tax credits".

Roll call was requested by Hansen of Pottawattamie and Dix of
Butler.

On the question "Shall amendment H-1633 be adopted?" (H.F. 716)

The ayes were, 18:
Bukta Connors Dotzler Ford
Frevert Hatch Jochum Kreiman
Murphy Osterhaus Richardson Scherrman
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel

 


The nays were, 77:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Chiodo Cohoon Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Gipp
Greimann Grundberg Hahn Hansen
Heaton Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Johnson Kettering Klemme Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Myers O'Brien Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Roberts Seng
Shey Siegrist, Spkr. Sievers Teig
Tymeson Tyrrell Van Fossen Warnstadt
Weidman Winckler Wise Witt
Carroll,
Presiding

 


Absent or not voting, 5:
Garman Hoffman Schrader Sukup
Van Engelenhoven

 


Amendment H-1633 lost.

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

On the question "Shall the bill pass?" (H.F. 716)

The ayes were, 69:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Cormack De Boef Dix
Dolecheck Drake Eddie Eichhorn
Elgin Finch Foege Gipp
Greimann Grundberg Hahn Hansen
Heaton Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Johnson Kettering Klemme Kreiman
Kuhn Larson Manternach May
Mertz Metcalf Millage Myers
O'Brien Quirk Raecker Rants
Rayhons Rekow Reynolds Roberts
Shey Siegrist, Spkr. Sievers Smith
Stevens Sukup Taylor, D. Teig
Tymeson Tyrrell Van Fossen Weidman
Carroll,
Presiding

 


The nays were, 27:
Bukta Chiodo Cohoon Connors
Dotzler Falck Fallon Ford
Frevert Hatch Jochum Larkin
Lensing Mascher Murphy Osterhaus
Petersen Richardson Scherrman Seng
Shoultz Taylor, T. Tremmel Warnstadt
Winckler Wise Witt

 


Absent or not voting, 4:
Garman Hoffman Schrader Van Engelenhoven

 


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

SENATE MESSAGE CONSIDERED

Senate File 514, by committee on ways and means, a bill for an
act relating to a maximum property tax dollars limitation for counties
and providing for the Act's applicability.

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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 716 be immediately messaged to the Senate.

Appropriations Calendar

House File 726, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state civil
rights commission, the department of elder affairs, the Iowa

department of public health, the department of human rights, the
governor's office of drug control policy, and the commission of
veterans affairs, providing a criminal surcharge increase, and
providing an effective date, was taken up for consideration.

Dix of Butler in the chair at 6:19 p.m.

Atteberry of Delaware offered the following amendment H-1613
filed by her and moved its adoption:

H-1613

1 Amend House file 726 as follows:
2 1. Page 1, line 10, by striking the figure
3 "1,790,993" and inserting the following: "1,856,993".

Amendment H-1613 lost.

Shoultz of Black Hawk offered the following amendment H-1620
filed by him and moved its adoption:

H-1620

1 Amend House File 726 as follows:
2 1. Page 1, line 21, by striking the figure
3 "1,082,743" and inserting the following: "1,200,138".

Amendment H-1620 lost.

T. Taylor of Linn offered amendment H-1621 filed by him as
follows:

H-1621

1 Amend House File 726 as follows:
2 1. Page 2, by striking lines 2 through 17 and
3 inserting the following:
4 "1. For aging programs and for salaries, support,
5 maintenance, and miscellaneous purposes, and for not
6 more than the following full-time equivalent
7 positions:
8 $ 5,065,411
9 FTEs 30.00
10 . Of the funds appropriated in this subsection,
11 not more than $151,654 shall be used for area agencies
12 on aging administrative purposes for citizens of Iowa
13 over 60 years of age for care management."
14 2. By renumbering as necessary.

T. Taylor of Linn offered the following amendment H-1648, to
amendment H-1621, filed by him and moved its adoption:

H-1648

1 Amend the amendment, H-1621, to House File 726, as
2 follows:
3 1. Page 1, line 13, by striking the word "care"
4 and inserting the following: "case".

Amendment H-1648 was adopted.

T. Taylor of Linn moved the adoption of amendment H-1621, as
amended.

Roll call was requested by T. Taylor of Linn and Murphy of
Dubuque.

Rule 75 was invoked.

On the question "Shall amendment H-1621, as amended, be
adopted?" (H.F. 726)

The ayes were, 44:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Hoffman Huser
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reynolds Richardson
Scherrman Seng Shoultz Smith
Stevens Taylor, D. Taylor, T. Tremmel
Warnstadt Winckler Wise Witt

 


The nays were, 53:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dolecheck Drake
Eddie Eichhorn Elgin Finch
Gipp Grundberg Hahn Hansen
Heaton 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 Fossen Weidman
Dix,
Presiding

 


Absent or not voting, 3:
Garman Schrader Van Engelenhoven

 


Amendment H-1621 lost.

Bell of Jasper offered the following amendment H-1619 filed by
him and Ford of Polk and moved its adoption:

H-1619

1 Amend House File 726 as follows:
2 1. Page 3, by striking lines 22 through 27, and
3 inserting the following:
4 "1. For salaries, support, maintenance, and
5 miscellaneous purposes, and for not more than the
6 following full-time equivalent positions:
7 $ 487,759
8 FTEs 13.00
9 2. For statewide coordination of the drug abuse
10 resistance education (D.A.R.E.) program:
11 $ 75,200"
12 2. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 38, nays 51.

Amendment H-1619 lost.

Wise of Lee offered the following amendment H-1623 filed by him
and Reynolds of Van Buren and moved its adoption:

H-1623

1 Amend House File 726 as follows:
2 1. Page 5, line 35, by striking the figure
3 "6,923,647" and inserting the following: "7,323,647".

Hansen of Pottawattamie in the chair at 8:30 p.m.


Amendment H-1623 lost.

Seng of Scott offered the following amendment H-1638 filed by
Seng, et al., and moved its adoption:

H-1638

1 Amend House File 726 as follows:
2 1. By striking page 3, line 32, through page 6,
3 line 1, and inserting the following: "so much thereof
4 as is necessary, to be used for addictive disorders,
5 adult wellness, child and adolescent wellness, chronic
6 conditions, community capacity, elderly wellness,
7 environmental hazards, infectious diseases, injuries,
8 and public protection, and for not more than the
9 following full-time equivalent positions:
10 $ 29,248,747
11 FTEs 363.60"
12 2. Page 9, by striking lines 7 through 12.
13 3. By renumbering, redesignating, and correcting
14 internal references as necessary.

Roll call was requested by Millage of Scott and Brunkhorst of
Bremer.

On the question "Shall amendment H-1638 be adopted?" (H.F. 726)

The ayes were, 43:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Lensing
Mascher May Mertz Murphy
Myers O'Brien Osterhaus Petersen
Quirk Reynolds Richardson Scherrman
Seng Shoultz Smith Stevens
Taylor, D. Taylor, T. Tremmel Warnstadt
Winckler Wise Witt

 


The nays were, 52:
Alons Arnold Barry Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Gipp Grundberg Hahn 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 Tymeson
Tyrrell Van Fossen Weidman Hansen,
Presiding

 


Absent or not voting, 5:
Baudler Garman Schrader Teig
Van Engelenhoven

 


Amendment H-1638 lost.

Alons of Sioux asked and received unanimous consent to withdraw
amendment H-1671 filed by him from the floor.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Brunkhorst of Bremer and Van Engelenhoven of Mahaska on request of Rants of
Woodbury.

Ford of Polk offered the following amendment H-1637 filed by him
and moved its adoption:

H-1637

1 Amend House File 726 as follows:
2 1. Page 10, by striking lines 13 through 23, and
3 inserting the following:
4 "2. DEAF SERVICES DIVISION
5 For salaries, support, maintenance, and
6 miscellaneous purposes, and for not more than the
7 following full-time equivalent positions:
8 $ 364,505
9 FTEs 7.00
10 The fees collected by the division for provision of
11 interpretation services by the division to obligated
12 agencies shall be deposited into the general fund of
13 the state."
14 2. Page 11, by striking lines 1 through 7, and
15 inserting the following:
16 "5. STATUS OF WOMEN DIVISION
17 For salaries, support, maintenance, and
18 miscellaneous purposes, and for not more than the

19 following full-time equivalent positions:
20 $ 400,996
21 FTEs 3.00
22 a. Of the funds appropriated in this subsection,
23 at least $100,307 shall be spent for the Iowans in
24 transition program.
25 b. Of the funds appropriated in this subsection,
26 at least $42,570 shall be spent for domestic violence
27 and sexual assault-related grants."
28 3. Page 11, line 18, by striking the figure
29 "412,481" and inserting the following: "444,126".
30 4. By striking page 11, line 24, through page 12,
31 line 2, and inserting the following:
32 "Of the funds appropriated in this subsection, at
33 least $36,000 shall be spent for expenses relating to
34 the administration of federal funds for juvenile
35 assistance. The department of human rights shall
36 employ sufficient staff to meet the federal funding
37 match requirements established by the federal office
38 for juvenile justice and delinquency prevention. The
39 governor's advisory council on juvenile justice shall
40 determine the staffing level necessary to carry out
41 federal and state mandates for juvenile justice.
42 8. COMMUNITY GRANT FUND
43 For the community grant fund established in section
44 232.190, to be used for the purposes of the community
45 grant fund, and for not more than the following full-
46 time equivalent positions:
47 $ 1,498,074
48 FTEs 1.44"
49 5. By renumbering as necessary.

Roll call was requested by Ford of Polk and Myers of Johnson.

On the question "Shall amendment H-1637 be adopted?" (H.F. 726)

The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors 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 Seng
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt
The nays were, 51:

 


Alons
Arnold Barry Boal

Boddicker
Boggess Bradley Brauns

Broers
Carroll Cormack De Boef

Dix
Dolecheck Drake Eddie

Eichhorn
Elgin Fallon Finch

Gipp
Grundberg Hahn Heaton

Hoffman
Horbach Houser Hoversten

Huseman
Jacobs Jenkins Johnson

Kettering
Klemme Larson Manternach

Metcalf
Millage Raecker Rants

Rayhons
Rekow Roberts Shey

Siegrist, Spkr.
Sievers Teig Tymeson

Tyrrell
Weidman Hansen,

Presiding


 


Absent or not voting, 7:
Baudler Brunkhorst Garman Schrader
Sukup Van Engelenhoven Van Fossen

 


Amendment H-1637 lost.

Alons of Sioux offered the following amendment H-1664 filed by
him from the floor and moved its adoption:

H-1664

1 Amend House File 726 as follows:
2 1. Page 12, line 1, by striking the figure
3 "625,000" and inserting the following: "725,000".
4 2. Page 12, line 30, by striking the figure
5 "45,388,702" and inserting the following:
6 "45,538,702".

Amendment H-1664 was adopted.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty members present, forty absent.

Smith of Marshall offered the following amendment H-1646 filed
by Smith, et al., and moved its adoption:

H-1646


1 Amend House File 726 as follows:
2 1. By striking page 12, line 13, through page 13,
3 line 13, and inserting the following:
4 "For salaries, support and maintenance, and
5 miscellaneous purposes, and for not more than the
6 following full-time equivalent positions:
7 $ 344,097
8 FTEs 5.00
9 The commission of veterans affairs may use the
10 gifts accepted by the chairperson of the commission of
11 veterans affairs, or designee, and other resources
12 available to the commission for use at its Camp Dodge
13 office. The commission shall report annually to the
14 governor and the general assembly on monetary gifts
15 received by the commission for the Camp Dodge office.
16 2. WAR ORPHANS
17 For the war orphans educational aid fund
18 established pursuant to chapter 35:
19 $ 6,000
20 3. IOWA VETERANS HOME
21 For salaries, support, maintenance, and
22 miscellaneous purposes, and for not more than the
23 following full-time equivalent positions:
24 $ 47,640,013
25 FTEs 889.84
26 a. The Iowa veterans home may use the gifts
27 accepted by the chairperson of the commission of
28 veterans affairs and other resources available to the
29 commission for use at the Iowa veterans home.
30 b. If revenues are increased at the Iowa veterans
31 home, and this increase results in reimbursements
32 which exceed the amount budgeted for that purpose in
33 the fiscal year beginning July 1, 2001, and ending
34 June 30, 2002, the Iowa veterans home may expend the
35 excess amounts for the purpose of meeting
36 certification requirements or to provide additional
37 beds. The expenditure of additional funds received,
38 as outlined in this paragraph, is subject to the
39 approval by the department of management. The amount
40 approved by the department of management for
41 expenditure shall be considered repayment receipts."
42 2. By renumbering as necessary.

Speaker Siegrist in the chair at 9:40 p.m.

Roll call was requested by Myers of Johnson and Richardson of
Warren.

On the question "Shall amendment H-1646 be adopted?" (H.F. 726)


The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Lensing
Mascher May Mertz Murphy
Myers O'Brien Osterhaus Petersen
Quirk Reynolds Richardson Scherrman
Seng Shoultz Smith Stevens
Taylor, D. Taylor, T. Tremmel Warnstadt
Winckler Wise

 


The nays were, 51:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Carroll Cormack
De Boef Dix Dolecheck Drake
Eichhorn Elgin 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 Sievers
Sukup Teig Tymeson Tyrrell
Van Fossen Weidman Mr. Speaker
Siegrist

 


Absent or not voting, 7:
Brunkhorst Eddie Finch Garman
Schrader Van Engelenhoven Witt

 


Amendment H-1646 lost.

Sievers of Scott asked and received unanimous consent to
withdraw amendment H-1676 filed by Sievers, Cormack of Webster
and Raecker of Polk from the floor.

Ford of Polk offered amendment H-1627 filed by Ford, et al., as
follows:

H-1627

1 Amend House File 726 as follows:

2 1. Page 14, by inserting after line 26, the
3 following:
4 "Sec. . Section 135.102, Code 2001, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 6. Model regulations for lead
7 hazard remediation to be used in instances in which a
8 child is confirmed as lead poisoned. The department
9 shall make the model regulations available to local
10 boards of health and shall promote the adoption of the
11 regulations at the local level, by cities and
12 counties."

Alons of Sioux offered the following amendment H-1663, to
amendment H-1627, filed by him and Ford of Polk from the floor and
moved its adoption:

H-1663

1 Amend the amendment, H-1627, to House File 726, as
2 follows:
3 1. Page 1, line 11, by striking the word "by" and
4 inserting the word "in".
5 2. Page 1, line 12, by inserting after the word
6 "counties" the following: "implementing lead hazard
7 remediation programs. Nothing in this subsection
8 shall be construed as requiring the adoption of the
9 model regulations".
10 3. By renumbering as necessary.

Amendment H-1663 was adopted.

On motion by Ford of Polk amendment H-1627, as amended, was
adopted.

Hatch of Polk offered the following amendment H-1657 filed by
him from the floor and requested division as follows:

H-1657

1 Amend House File 726 as follows:

H-1657A

2 1. Page 14, by inserting after line 26 the
3 following:
4 "Sec. . LOW-INCOME HOME ENERGY ASSISTANCE
H-1657A

5 PROGRAM - APPROPRIATION. There is appropriated from

6 the general fund of the state to the division of
7 community action agencies of the department of human
8 rights for the fiscal year beginning July 1, 2001, and
9 ending June 30, 2002, the following amount, or so much
10 thereof as necessary, to be used for the purpose
11 designated:
12 For the low-income home energy assistance program:
13 $ 9,452,170"

H-1657B

14 2. Page 14, by inserting before line 27 the
15 following:
16 "Sec. 100. Section 455G.3, Code 2001, is amended
17 by adding the following new subsection:
18 NEW SUBSECTION. 6. There is appropriated from the
19 unassigned revenue fund administered by the Iowa
20 comprehensive petroleum underground storage tank fund
21 board to the division of community action agencies of
22 the department of human rights for the fiscal year
23 beginning July 1, 2000, and ending June 30, 2001,
24 three million dollars, to be used for the low-income
25 home energy assistance program."
26 3. Page 17, line 5, by inserting after the word
27 "drugs," the following: "and section 100 of this Act
28 amending section 455G.3".
29 4. Page 17, line 6, by striking the word "takes"
30 and inserting the following: "take".

Hatch of Polk asked and received unanimous consent that
amendment H-1657A be deferred.

Hansen of Pottawattamie in the chair at 10:38 p.m.

Speaker Siegrist in the chair at 10:41 p.m.

Millage of Scott rose on a point of order that amendment H-1657B
was not germane.

The Speaker ruled the point well taken and amendment H-1657B
not germane.

Hatch of Polk asked for unanimous consent to suspend the rules to
consider amendment H-1657B.

Objection was raised.


Hatch of Polk moved to suspend the rules to consider amendment
H-1657B.

Roll call was requested by Myers of Johnson and Larson of Linn.

On the question "Shall the rules be suspended to consider
amendment H-1657B?" (H.F. 726)

The ayes were, 40:
Atteberry Bell Bukta Chiodo
Cohoon Dotzler Falck Fallon
Foege Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reynolds Richardson Scherrman Seng
Shoultz Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler

 


The nays were, 52:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Gipp Hahn Hansen Heaton
Hoffman Horbach Houser Hoversten
Huseman Jacobs Jenkins Johnson
Kettering Klemme Larson Manternach
Metcalf Millage Raecker Rants
Rayhons Rekow Roberts Shey
Sievers Sukup Teig Tymeson
Tyrrell Van Fossen Weidman Mr. Speaker
Siegrist

 


Absent or not voting, 8:
Brunkhorst Connors Garman Grundberg
Schrader Van Engelenhoven Wise Witt

 


The motion to suspend the rules lost.

Bell of Jasper offered the following amendment H-1618 filed by
him and moved its adoption:

H-1618

1 Amend House File 726 as follows:
2 1. By striking page 14, line 27, through page 15,
3 line 1.
4 2. By renumbering as necessary.

Amendment H-1618 lost.

Hatch of Polk moved the adoption of amendment H-1657A,
previously deferred.

Roll call was requested by Hatch of Polk and T. Taylor of Linn.

On the question "Shall amendment H-1657A be adopted?" (H.F.
726)

The ayes were, 40:
Atteberry Bell Bukta Chiodo
Cohoon Dotzler Falck Fallon
Foege Ford Frevert Greimann
Hatch Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Petersen Quirk Reynolds
Richardson Scherrman Seng Shoultz
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise

 


The nays were, 53:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Gipp Hahn Hansen Heaton
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Johnson Kettering Klemme Larson
Manternach Metcalf Millage Raecker
Rants Rayhons Rekow Roberts
Shey Sievers Sukup Teig

 



Tymeson Tyrrell Van Fossen Weidman
Mr. Speaker

Siegrist

Absent or not voting, 7:
Brunkhorst Connors Garman Grundberg
Schrader Van Engelenhoven Witt

 


Amendment H-1657A lost.

Alons of Sioux 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. 726)

The ayes were, 51:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Carroll De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Finch Gipp
Hahn Hansen Heaton Hoffman
Horbach Houser Hoversten Huseman
Jacobs Jenkins Johnson Kettering
Klemme Larson Manternach Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Sievers
Sukup Teig Tymeson Tyrrell
Van Fossen Weidman Mr. Speaker
Siegrist

 


The nays were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Cormack Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Lensing
Mascher May Mertz Murphy
Myers O'Brien Osterhaus Petersen
Quirk Reynolds Richardson Scherrman
Seng Shoultz Smith Stevens
Taylor, D. Taylor, T. Tremmel Warnstadt
Winckler Wise

 



Absent or not voting, 7:
Brunkhorst Connors Garman Grundberg
Schrader Van Engelenhoven Witt

 


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 726 be immediately messaged to the Senate.

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 24, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 502, a bill for an act relating to agricultural production, by prohibiting
acts relating to facilities or operations, making penalties applicable, and providing
penalties and civil liability.

MICHAEL E. MARSHALL, Secretary

MOTIONS TO RECONSIDER
(House File 271)

I move to reconsider the vote by which House File 271 passed the
House on April 23, 2001.

GARMAN of Story

(Senate File 211)

I move to reconsider the vote by which Senate File 211 passed the
House on April 24, 2001.

HANSEN of Pottawattamie

EXPLANATIONS OF VOTE


I was necessarily absent from the House chamber on April 24,
2001. Had I been present, I would have voted "aye" on Senate File
57.

BOAL of Polk

I was necessarily absent from the House chamber on April 24, 2001.
Had I been present, I would have voted "aye" on House File 694.

DRAKE of Pottawattamie

I was necessarily absent from the House chamber on April 24,
2001. Had I been present, I would have voted "aye" on House Files
180, 590, 598 and 712.

HUSER of Polk

I was necessarily absent from the House chamber on April 23, 2001.
Had I been present, I would have voted "aye" on House Files 73, 229,
271, 674 and 713, Senate Joint Resolution 3, and Senate Files 81, 84,
209, 265, 313, 323, 354, 466, 470, 473 and 525, and "nay" on Senate
Files 336 and 412.

WITT of Black Hawk.

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 24th day of April, 2001: House Files 341, 352, 356, 535, 581 and 647.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

BILLS SIGNED BY THE GOVERNOR


A communication was received from the Governor announcing that
on April 24, 2001, he approved and transmitted to the Secretary of
State the following bills:

House File 292, an act relating to the financial operations and transactions of the
information technology department.

House File 326, an act relating to the mediation process in civil rights cases.

House File 526, an act providing for a study of state law requirements in this state
and other states regarding barber reciprocity practices.

House File 550, an act adding the offense of criminal transmission of human
immunodeficiency virus to the list of criminal offenses that require registration under
the sex offender registry and providing an effective date.

Senate File 355, an act providing for the release of custody and termination of
parental rights for certain newborn infants whose parent or person authorized to act on
the parent's behalf relinquishes physical custody at certain health facilities and
providing certain immunity from prosecution and civil liability for such parent or
person, establishing confidentiality protections and a penalty, and providing an
effective date.

Senate File 497, an act relating to the governance of the Iowa public employees'
retirement system and providing an effective date.

Senate File 500, an act relating to insurance, by addressing the operation and
regulation of insurance companies, mutual insurance associations, the Iowa insurance
guaranty association, and other insurance or risk-assuming entities, including the
rights and duties of such entities and the powers and authority of the insurance
commissioner; by establishing jurisdiction and venue requirements for actions against
the Iowa insurance guaranty association; and providing penalties, repeals, and
effective dates.

PRESENTATION OF VISITORS

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

Forty English as a Second Language students from Davenport
West, Davenport, accompanied by Karin Hansen, Linda Lahan and
Mary Hammes. By Sievers and Winckler 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\990 Janet Deets, Mason City - For celebrating her 85th birthday.

2001\991 Andrew Vincent Young, Clear Lake - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.

2001\992 Eleanor Croatt, St. Lucas - For celebrating her 90th birthday.

2001\993 Marguerite Dunn, Independence - For celebrating her 90th birthday.

2001\994 Elsie Bartels, Oelwein - For celebrating her 101st birthday.

2001\995 John and Rebecca Chambers, Marble Rock - For celebrating their
60th wedding anniversary.

2001\996 Anna Mae and Keith Marvin, Charles City - For celebrating their
50th wedding anniversary.

2001\997 Violet and Kenneth Lien, Rockford - For celebrating their 60th
wedding anniversary.

2001\998 Teresa Todd, Washington County - For being named
Telecommunicator of the Year.

2001\999 Amy Christensen, Washington County - For being named
Telecommunicator of the Year.

2001\1000 Helen and Jim Thomas, Colfax - For celebrating their 50th wedding
anniversary.

2001\1001 Ben Bekel, Muscatine - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\1002 Trent Liles, Muscatine - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2001\1003 Grace Adams, Grinnell - For celebrating her 80th birthday.

2001\1004 Gene Slaven, Grinnell - For celebrating his 80th birthday.

2001\1005 Mildred and Donald Turner, Grinnell - For celebrating their 50th
wedding anniversary.
2001\1006 Hilda Grant, Adair - For celebrating her 95th birthday.

2001\1007 Vera Cave, Winterset - For celebrating her 85th birthday.


2001\1008 Mildred Busch, Winterset - For celebrating her 92nd birthday.

2001\1009 Mae Martens, Winterset - For celebrating her 85th birthday.

2001\1010 Esther Oloff, LeMars - For celebrating her 90th birthday.

2001\1011 Art Christoffersen, Cedar Rapids - For winning the McLeodUSA
Mid-Am Super Trucks race.

2001\1012 Irene and Milo Dvorak, Clutier - For celebrating their 60th wedding
anniversary.

2001\1013 John Duffy, Tama - For celebrating his 80th birthday.

2001\1014 Fay Mohrfeld, Tama - For celebrating her 90th birthday.

2001\1015 Helen Burke Cushman, Cedar Rapids - For celebrating her 90th
birthday.

2001\1016 Florence C. Dvorak, Cedar Rapids - For celebrating her 90th
birthday.

2001\1017 Mable Hutchins, Central City - For celebrating her 90th birthday.

2001\1018 Velma Wright Michel, Cedar Rapids - For celebrating her 90th
birthday.

2001\1019 Wayne McDowell, Cedar Rapids - For celebrating his 88th birthday.

2001\1020 Myrtle Yardley, Cedar Rapids - For celebrating her 85th birthday.

2001\1021 Hazel Cook, Cedar Rapids - For celebrating her 85th birthday.

2001\1022 Pauline Lowther Cooper, Cedar Rapids - For celebrating her 80th
birthday.

2001\1023 Ken Abodeely, Marion - For celebrating his 80th birthday.

2001\1024 Fran Kula, Marion - For celebrating her 80th birthday.

2001\1025 Maxine Blount Gegenheimer, Cedar Rapids - For celebrating her
80th birthday.

2001\1026 Marge McDonald, Cedar Rapids - For celebrating her 80th birthday.

2001\1027 Robert M. Bickel, Cedar Rapids - For celebrating his 80th birthday.

2001\1028 Katherine and John Tellier, Cedar Rapids - For celebrating their
60th wedding anniversary.

2001\1029 Dorothy and Paul Anderson, Cedar Rapids - For celebrating their
60th wedding anniversary.

2001\1030 Beverly and Charles Daws, Hiawatha - For celebrating their 50th
wedding anniversary.

2001\1031 Arlene and Ralph Myers, Cedar Rapids - For celebrating their 50th
wedding anniversary.

2001\1032 Barb and Emet Magner, Cedar Rapids - For celebrating their 50th
wedding anniversary.

2001\1033 Darlene and Robert Shetler, Cedar Rapids - For celebrating their
50th wedding anniversary.

2001\1034 Bernita and Ivan Coonrod, Center Point - For celebrating their 50th
wedding anniversary.

2001\1035 Dora and Glenn Wall, Central City - For celebrating their 50th
wedding anniversary.

2001\1036 Agnes and Erwin Darrow, Cedar Rapids - For celebrating their 50th
wedding anniversary.

2001\1037 Frances and Paul Valliere, Cedar Rapids - For celebrating their 50th
wedding anniversary.

2001\1038 Jean and John Petrzelka, Cedar Rapids - For celebrating their 50th
wedding anniversary.

2001\1039 Joyce and Clair Munson, Cedar Rapids - For celebrating their 50th
wedding anniversary.

2001\1040 Lorvane and Donovan McCluskey, Springville - For celebrating
their 50th wedding anniversary.

2001\1041 Marilynn and George Thorington, Cedar Rapids - For celebrating
their 50th wedding anniversary.

2001\1042 Dolores and Leonard Petska, Cedar Rapids - For celebrating their
50th wedding anniversary.

2001\1043 Janet and Harlan Franklin, Central City - For celebrating their 50th
wedding anniversary.

2001\1044 Margaret Ruth Gooden, Cedar Rapids - For celebrating her 90th
birthday.

2001\1045 Mary A. Paulicek, Cedar Rapids - For celebrating her 95th birthday.
2001\1046 Christina Steinberg, Cedar Rapids - For celebrating her 100th
birthday.

2001\1047 Myra Spencer, Winterset - For celebrating her 89th birthday.


SUBCOMMITTEE ASSIGNMENT

Senate File 520

Ways and Means: Shey, Chair; Larson and Richardson.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 255 Ways and Means

Providing for fees for the remediation of sites evidencing
contamination from a release of fertilizers and soil conditioners or
pesticides, and providing an effective date.

H.S.B. 256 Ways and Means

Relating to species of animals by classifying certain species as
livestock and providing exemptions from the sales and use tax for
feed used to support the species.

H.S.B. 257 Ways and Means

Relating to the exemption from property taxation of facilities used by
private educational institutions.

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 APPROPRIATIONS

Senate File 532, a bill for an act relating to matters related to the tobacco
settlement including the tobacco settlement authority, the tobacco settlement trust
fund, and the tobacco settlement endowment fund, and providing an effective date.
Fiscal Note is not required.

Recommended Do Pass April 24, 2001.

Senate File 533, a bill for an act relating to and making appropriations to the
tobacco settlement trust fund and providing a contingent effective date.

Fiscal Note is not required.

Recommended Do Pass April 24, 2001.

RESOLUTIONS FILED

HCR 33, by Ford, a concurrent resolution requesting the legislative
council to establish an interim study committee to review state
policies relating to substance abuse prevention and treatment.

Laid over under Rule 25.

HR 40, by Dix, Witt, Boddicker, Drake, Carroll, Horbach, Raecker,
Reynolds, T. Taylor, Jochum, Falck and Schrader, a resolution urging
the establishment of a State Task Force on Employment of Iowans
With Disabilities.

Laid over under Rule 25.

HR 41, by Warnstadt, Rants, Hoffman, Klemme, Kettering,
Hoversten and Huseman, a resolution recognizing Don "Skip"
Meisner upon his retirement.

Laid over under Rule 25.

AMENDMENTS FILED

H-1650 S.F. 526 Shoultz of Black Hawk
H-1652 H.F. 564 Senate Amendment
H-1653 H.F. 680 Senate Amendment
H-1655 H.F. 725 Stevens of Dickinson
Quirk of Chickasaw
May of Worth
Mertz of Kossuth
H-1656 H.F. 732 Jochum of Dubuque
H-1658 H.F. 732 Petersen of Polk
H-1660 H.F. 725 Rayhons of Hancock
H-1662 H.F. 725 Mertz of Kossuth
Seng of Scott Atteberry of Delaware
Bell of Jasper Bukta of Clinton
Chiodo of Polk Cohoon of Des Moines

Connors of Polk Dotzler of Black Hawk
Falck of Fayette Foege of Linn
Ford of Polk Frevert of Palo Alto
Greimann of Story Hatch of Polk
Huser of Polk Jochum of Dubuque
Kreiman of Davis Kuhn of Floyd
Larkin of Lee Lensing of Johnson
Mascher of Johnson May of Worth
Murphy of Dubuque Myers of Johnson
O'Brien of Boone Osterhaus of Jackson
Petersen of Polk Quirk of Chickasaw
Reynolds of Van Buren Richardson of Warren
Scherrman of Dubuque Shoultz of Black Hawk
Smith of Marshall Stevens of Dickinson
D. Taylor of Linn T. Taylor of Linn
Tremmel of Wapello Warnstadt of Woodbury
Winckler of Scott Wise of Lee
Witt of Black Hawk Drake of Pottawattamie
Kettering of Sac
H-1665 S.F. 528 Gipp of Winneshiek
H-1666 H.F. 732 Petersen of Polk
H-1667 S.F. 203 Brunkhorst of Bremer
Dolecheck of Ringgold
H-1668 H.F. 732 Heaton of Henry
Osterhaus of Jackson
H-1670 H.F. 725 Drake of Pottawattamie
H-1672 H.F. 732 Jochum of Dubuque
Osterhaus of Jackson
H-1673 H.F. 732 Murphy of Dubuque
H-1674 H.F. 732 Murphy of Dubuque
H-1675 H.F. 727 Carroll of Poweshiek
H-1677 S.F. 531 Raecker of Polk
H-1678 H.F. 725 Klemme of Plymouth
H-1679 H.F. 732 Heaton of Henry
Osterhaus of Jackson
H-1680 H.F. 725 Richardson of Warren
H-1681 H.F. 727 Carroll of Poweshiek
H-1682 H.F. 725 Drake of Pottawattamie
H-1683 S.F. 528 Gipp of Winneshiek
H-1684 S.F. 528 Millage of Scott
H-1685 H.F. 732 Heaton of Henry

H-1686 H.F. 732 Boddicker of Cedar
H-1687 H.F. 732 Heaton of Henry
Foege of Linn
Smith of Marshall
Houser of Pottawattamie
Grundberg of Polk
H-1688 H.F. 725 May of Worth
Greimann of Story
Shoultz of Black Hawk
H-1689 H.F. 502 Senate Amendment
H-1690 H.F. 732 Heaton of Henry
H-1691 H.F. 727 Carroll of Poweshiek

On motion by Rants of Woodbury the House adjourned at 11:18

Previous Day: Monday, April 23Next Day: Wednesday, April 25
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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