House Journal: Friday, April 27, 2001
JOURNAL OF THE HOUSE
One Hundred Tenth Calendar Day - Seventy-seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Friday, April 27, 2001
The House met pursuant to adjournment at 10:00 a.m., Speaker
Siegrist in the chair.
Prayer was offered by the Honorable Christopher Rants, House
Majority Leader from Woodbury County.
The Journal of Thursday, April 26, 2001 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Fallon of Polk on request of Myers of Johnson; Sukup of Franklin on request of
Rants of Woodbury.
INTRODUCTION OF BILL
House File 740, by committee on appropriations, a bill for an act
relating to the senior living program including provisions relating to
and making appropriations from the senior living trust fund to the
department of elder affairs and the department of human services,
and including effective date and retroactive applicability provisions.
Read first time and placed on the appropriations calendar.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 26, 2001, passed the following bill in which the concurrence of the Senate was
asked:
House File 705, a bill for an act relating to sales and use taxes on the delivery of
electricity and natural gas and to the rate of tax for providing metered gas, electricity,
and fuel to provide energy for residential customers.
Also: That the Senate has on April 26, 2001, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:
Senate File 203, a bill for an act extending the regular program district cost
guarantee for school districts, and providing an effective date.
Also: That the Senate has on April 26, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 516, a bill for an act establishing a small business growth initiative by
adjusting the allocation to Iowa of income earned by an S corporation for purposes of
the state individual income tax and including a retroactive applicability date provision.
Also: That the Senate has on April 26, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 521, a bill for an act establishing a new economy employment initiative
by providing for a partial deduction under the individual income tax for the capital
gain from the sale or exchange of capital stock of a corporation which was acquired by
an individual on account of employment with the corporation, limiting the fiscal impact
of the partial deductions, and including an effective and retroactive applicability date
provision.
Also: That the Senate has on April 26, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 524, a bill for an act providing assistance regarding the development of
grapes and wine.
Also: That the Senate has on April 24, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 530, a bill for an act relating to and making appropriations to the
justice system, making related statutory changes, and providing an effective date.
Also: That the Senate has on April 26, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 536, a bill for an act relating to physical plant and equipment levy
amounts collected in urban renewal areas, providing an effective date, and providing
for the Act's applicability.
Also: That the Senate has on April 26, 2001, passed the following bill in which the
concurrence of the House is asked:
Senate File 537, a bill for an act relating to and making appropriations from the
tobacco settlement endowment fund and the healthy Iowans tobacco trust, establishing
certain uses for the appropriations, and providing effective dates.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGE CONSIDERED
Senate File 516, by committee on ways and means, a bill for an
act establishing a small business growth initiative by adjusting the
allocation to Iowa of income earned by an S corporation for purposes
of the state individual income tax and including an effective and
retroactive applicability date provision.
Read first time and passed on file.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
House File 727 and Senate File 526 be immediately messaged to
the Senate.
Rants of Woodbury asked and received unanimous consent for the
immediate consideration of Senate Files 532 and 533.
CONSIDERATION OF BILLS
Appropriations Calendar
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, with report of committee
recommending passage, was taken up for consideration.
The House stood at ease at 10:11 a.m., until the fall of the gavel.
The House resumed session at 11:09 a.m., Carroll of Poweshiek in
the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-seven members present, forty-
three absent.
The House resumed consideration of Senate File 532.
Brunkhorst of Bremer offered the following amendment H-1744
filed by him from the floor and moved its adoption:
H-1744
1 Amend Senate File 532, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 11, line 1, by inserting after the word
4 "agreement." the following: "With respect to capital
5 projects, it is the intent of the general assembly to
6 fund capital projects that qualify as vertical
7 infrastructure projects as defined in section 8.57,
8 subsection 5, paragraph "c", to the extent practicable
9 in any fiscal year and without limiting other
10 qualifying capital expenditures considered and
11 approved by a constitutional majority of each house of
12 the general assembly and the governor."
13 2. Page 12, by inserting after line 27, the
14 following:
15 "Sec. . RULES COMPLIANCE WITH THREE-FIFTHS.
16 The senate and the house of representatives shall
17 comply with any provision of law that requires a vote
18 of at least three-fifths of the members of both
19 chambers of the general assembly and approval by the
20 governor, which requirement shall also be a
21 requirement of the joint rules for the Seventy-ninth
22 General Assembly."
23 3. By renumbering as necessary.
Roll call was requested by Rants of Woodbury and Arnold of Lucas.
On the question "Shall amendment H-1744 be adopted?" (S.F. 532)
The ayes were, 51:
|
Alons | Arnold | Barry | Baudler |
|
Boal | Boddicker | Boggess | Bradley |
|
Brauns | Broers | Brunkhorst | Chiodo |
|
Cormack | De Boef | Dix | Dolecheck |
|
Drake | Eddie | Eichhorn | Elgin |
|
Finch | Garman | Gipp | Hahn |
|
Hansen | Heaton | Hoffman | Horbach |
|
Hoversten | Huseman | Huser | Jacobs |
|
Johnson | Manternach | Metcalf | Myers |
|
Raecker | Rants | Rayhons | Rekow |
|
Roberts | Shey | Siegrist, Spkr. | Sievers |
|
Teig | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Weidman | Carroll, |
|
| | Presiding |
|
|
The nays were, 42:
|
Atteberry | Bell | Bukta | Cohoon |
|
Connors | Dotzler | Falck | Foege |
|
Ford | Frevert | Greimann | Hatch |
|
Houser | Jochum | Kettering | Kreiman |
|
Kuhn | Larkin | Lensing | Mascher |
|
May | Millage | Murphy | O'Brien |
|
Osterhaus | Petersen | Quirk | Reynolds |
|
Richardson | Scherrman | Schrader | Seng |
|
Shoultz | Smith | Stevens | Taylor, D. |
|
Taylor, T. | Tremmel | Warnstadt | Winckler |
|
Wise | Witt |
|
|
Absent or not voting, 7:
|
Fallon | Grundberg | Jenkins | Klemme |
|
Larson | Mertz | Sukup |
|
Amendment H-1744 was adopted.
|
Brunkhorst of Bremer 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. 532)
The ayes were, 94:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Bradley | Brauns | Broers |
|
Brunkhorst | Bukta | Chiodo | Cohoon |
|
Connors | Cormack | De Boef | Dix |
|
Dolecheck | Dotzler | Drake | Eddie |
|
Eichhorn | Elgin | Falck | Finch |
|
Foege | Ford | Frevert | Garman |
|
Gipp | Greimann | Grundberg | Hahn |
|
Hansen | Hatch | Heaton | Horbach |
|
Houser | Hoversten | Huseman | Huser |
|
Jacobs | Jochum | Johnson | Kettering |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Metcalf | Millage | Murphy | Myers |
|
O'Brien | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Rekow |
|
Reynolds | Richardson | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Smith | Stevens |
|
Taylor, D. | Taylor, T. | Teig | Tremmel |
|
Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
|
Warnstadt | Weidman | Winckler | Wise |
|
Witt | Carroll, |
|
| Presiding |
|
The nays were, none.
|
Absent or not voting, 6:
|
Fallon | Hoffman | Jenkins | Klemme |
|
Mertz | Sukup |
|
|
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
Senate File 532 be immediately messaged to the Senate.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Smith of Marshall, until his return, on request of Huser of Polk.
Unfinished Business Calendar
The House resumed consideration of Senate File 499, a bill for an
act making changes to and reorganizing scheduled fines, previously
deferred and found on page 1572 of the House Journal. (Amendment
H-1460 pending)
Eichhorn of Hamilton moved the adoption of the committee
amendment H-1460.
The committee amendment H-1460 was adopted, placing out of
order amendment H-1598 filed by the committee on ways and means
on April 19, 2001.
Larson of Linn offered amendment H-1736 filed by Larson, et al.,
as follows:
H-1736
1 Amend Senate File 499, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 321.236, subsection 1,
6 paragraph a, Code 2001, is amended to read as follows:
7 a. May be charged and collected upon a simple
8 notice of a fine payable to the city clerk or clerk of
9 the district court, if authorized by ordinance. The
10 fine shall not exceed five dollars except per
11 violation. The same parking violation shall not be
12 issued more than once per hour. Four separate
13 violations may be issued per violator on one simple
14 notice at the same location in a twenty-four hour
15 period. If separate violations are issued in a
16 twenty-four-hour period the aggregate fine amount
17 shall not exceed twenty dollars per violator. The
18 fine for a snow route parking violations in which case
19 the fine violation shall not exceed twenty-five
20 dollars. The fine for a parking violation or for a
21 snow route violation may be increased up to ten five
22 dollars in excess of the fine for each violation if
23 the parking violation is not paid within thirty days
24 of the date upon which the violation occurred, if
25 authorized by ordinance. Violations of section
26 321L.4, subsection 2, may be charged and collected
27 upon a simple notice of a one hundred dollar fine
28 payable to the city clerk or clerk of the district
29 court, if authorized by ordinance. No costs or other
30 charges shall be assessed. All fines collected by a
31 city pursuant to this paragraph shall be retained by
32 the city and all fines collected by a county pursuant
33 to this paragraph shall be retained by the county."
34 2. Page 1, line 25, by striking the word
35 "dollars." and inserting the following: "dollars per
36 violation. Four separate violations may be issued per
37 violator on one citation at the same location in a
38 twenty-four-hour period. If separate violations are
39 issued in a twenty-four-hour period the aggregate fine
40 amount shall not exceed twenty dollars per violator."
41 3. Page 1, line 26, by striking the words
42 "increases in an amount" and inserting the following:
43 "may be increased".
44 4. Page 1, line 26, by striking the word
45 "dollars," and inserting the following: "dollars of
46 the fine or aggregate fine amount,".
47 5. Page 1, line 32, by striking the word
48 "dollars." and inserting the following: "dollars or
49 if separate violations were issued the scheduled fine
50 shall be the aggregate fine amount which shall not
Page 2
1 exceed twenty dollars."
Tremmel of Wapello offered the following amendment H-1741, to
amendment H-1736, filed by him and moved its adoption:
H-1741
1 Amend the amendment, H-1736, to Senate File 499, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 15, by inserting after the word
5 "period" the following: "in counties with a
6 population in excess of three hundred thousand".
7 2. Page 1, line 38, by inserting after the word
8 "period" the following: "in counties with a
9 population in excess of three hundred thousand".
A non-record roll call was requested.
The ayes were 42, nays 20.
Amendment H-1741 was adopted.
Larson of Linn moved the adoption of amendment H-1736, as
amended.
A non-record roll call was requested.
The ayes were 37, nays 47.
Amendment H-1736 lost.
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. 499)
The ayes were, 74:
|
Alons | Barry | Baudler | Bell |
|
Boal | Boddicker | Boggess | Bradley |
|
Brauns | Broers | Brunkhorst | Bukta |
|
Chiodo | Cohoon | Connors | De Boef |
|
Dix | Dolecheck | Drake | Eddie |
|
Eichhorn | Elgin | Finch | Foege |
|
Frevert | Garman | Gipp | Greimann |
|
Hahn | Hansen | Heaton | Horbach |
|
Houser | Huseman | Huser | Jochum |
|
Johnson | Kettering | Kreiman | Kuhn |
|
Larkin | Larson | Lensing | Manternach |
|
Mascher | May | Millage | Myers |
|
O'Brien | Osterhaus | Rants | Rayhons |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Seng | Shey | Shoultz |
|
Siegrist, Spkr. | Sievers | Stevens | Taylor, D. |
|
Tremmel | Tymeson | Tyrrell | Van Fossen |
|
Warnstadt | Weidman | Winckler | Wise |
|
Witt | Carroll, |
|
| Presiding |
|
|
The nays were, 18:
|
Arnold | Atteberry | Cormack | Dotzler |
|
Falck | Ford | Grundberg | Hatch |
|
Hoversten | Jacobs | Metcalf | Murphy |
|
Petersen | Quirk | Raecker | Schrader |
|
Taylor, T. | Van Engelenhoven |
|
|
Absent or not voting, 8:
|
Fallon | Hoffman | Jenkins | Klemme |
|
Mertz | Smith | Sukup | Teig |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Stevens of Dickinson for the remainder of the day, on request of Bukta of Clinton.
Appropriations Calendar
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, with report of committee recommending
passage, was taken up for consideration.
Brunkhorst of Bremer 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. 533)
The ayes were, 89:
|
Alons | Arnold | Atteberry | Barry |
|
Baudler | Bell | Boal | Boddicker |
|
Boggess | Brauns | Broers | Brunkhorst |
|
Bukta | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Eddie | Eichhorn | Elgin |
|
Falck | Finch | Foege | Ford |
|
Frevert | Garman | Gipp | Greimann |
|
Grundberg | Hahn | Hansen | Hatch |
|
Heaton | Horbach | Houser | Hoversten |
|
Huseman | Huser | Jacobs | Jochum |
|
Johnson | Kettering | Kreiman | Kuhn |
|
Larkin | Larson | Lensing | Manternach |
|
Mascher | May | Metcalf | Millage |
|
Murphy | Myers | O'Brien | Osterhaus |
|
Petersen | Quirk | Raecker | Rants |
|
Rayhons | Rekow | Reynolds | Richardson |
|
Roberts | Scherrman | Schrader | Seng |
|
Shey | Siegrist, Spkr. | Sievers | Taylor, D. |
|
Taylor, T. | Teig | Tremmel | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Winckler | Wise | Witt |
|
Carroll, |
|
Presiding |
|
|
The nays were, none.
Absent or not voting, 11:
|
Bradley | Drake | Fallon | Hoffman |
|
Jenkins | Klemme | Mertz | Shoultz |
|
Smith | Stevens | Sukup |
|
|
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
Senate File 533 be immediately messaged to the Senate.
Speaker Siegrist in the chair at 12:15 p.m.
HOUSE REFUSED TO CONCUR
Brunkhorst of Bremer called up for consideration Senate File
203, a bill for an act extending the regular program district cost
guarantee for school districts, and providing an effective date,
amended by the House, further amended by the Senate and moved
that the House concur in the following Senate amendment H-1745 to
the House amendment:
H-1745
1 Amend the House amendment, S-3535, to Senate File
2 203, as passed by the Senate, as follows:
3 1. By striking page 1, line 3, through page 9,
4 line 13, and inserting the following:
5 " . Page 1, by inserting before line 1 the
6 following:
7 "Sec. . Section 257.13, subsections 1 and 2,
8 Code 2001, are amended to read as follows:
9 1. For the school budget year years beginning July
10 1, 2000 2001, and July 1, 2002, if a district's actual
11 enrollment for the budget year, determined under
12 section 257.6, is greater than its budget enrollment
13 for the budget year, the district shall be eligible to
14 receive an on-time funding budget adjustment. The
15 adjustment shall be in an amount equal to fifty
16 percent of the difference between the actual
17 enrollment for the budget year and the budget
18 enrollment for the budget year, multiplied by the
19 district cost per pupil.
20 2. The board of directors of a school district
21 that wishes to receive an on-time funding budget
22 adjustment shall adopt a resolution to receive the
23 adjustment and notify the school budget review
24 committee by November 1, 2000 annually. The school
25 budget review committee shall establish a modified
26 allowable growth in an amount determined pursuant to
27 subsection 1."
28 . Page 2, by inserting after line 1, the
29 following:
30 "Sec. . REORGANIZATION INCENTIVES AND REGIONAL
31 ACADEMIES - INTERIM STUDY. The legislative council
32 is requested to establish an interim study committee
33 relating to the reauthorization of reorganization
34 incentives for school districts and the establishment
35 of regional academies.
36 The committee shall review the reorganization
37 incentive provisions previously contained within the
38 school finance formula applicable to school districts,
39 and shall evaluate the effectiveness of those
40 provisions in promoting the reorganization or
41 dissolution of school districts. The committee shall
42 consider possible enhancements and refinements to the
43 provisions previously in effect, and shall make
44 recommendations regarding implementation of the
45 incentives, including supplementary weighting and
46 taxpayer incentives in the form of a reduced
47 foundation property tax levy.
48 The committee shall study the creation and
49 implementation of regional academies as an alternative
50 governing and taxing structure for school districts.
Page 2
1 The committee shall examine the feasibility of
2 creating and implementing a regional academy system,
3 with the objective of utilizing economies of scale to
4 enhance the educational opportunities of students in
5 grades seven through twelve residing within designated
6 regions.
7 The committee shall make recommendations regarding
8 boundary determination, curriculum content including
9 advanced-level and vocational-technical courses,
10 taxing authority, financial incentives to regional
11 academy formation, and adaptation of the school
12 finance formula to the new regional structure.
13 The committee shall consider transportation
14 provision and funding issues relating to and arising
15 out of its recommendations regarding the
16 reauthorization of reorganization incentives and the
17 establishment of regional academies.
18 The committee shall submit a report of its findings
19 and recommendations to the general assembly by January
20 14, 2002.""
21 2. By renumbering as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-1745, to the House amendment.
SENATE AMENDMENTS CONSIDERED
Eddie of Buena Vista called up for consideration Senate File 350,
a bill for an act making transportation-related Code changes relating
to temporary restricted permits and temporary entry and exit
permits, railroad crossings, the content of driver's licenses and
nonoperator's identification cards, child restraint devices in motor
vehicles, hours of service, unsatisfied judgments, and bulk liquid
transport, amended by the House, further amended by the Senate
and moved that the House concur in the following Senate amendment
H-1733 to the House amendment:
H-1733
1 Amend the House amendment, S-3494, to Senate File
2 350, as passed by the Senate as follows:
3 1. Page 3, line 10 by striking the words "value
4 of the value" and inserting the following: "value of
5 the vehicle".
The motion prevailed and the House concurred in the Senate
amendment H-1733, to the House amendment.
Eddie of Buena Vista moved that the bill, as amended by the
House, further 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?" (S.F. 350)
The ayes were, 92:
|
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 |
|
Garman | Gipp | Greimann | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Houser | Hoversten | Huseman |
|
Huser | Jacobs | Jochum | Johnson |
|
Kettering | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Metcalf | Millage | Murphy |
|
Myers | O'Brien | Osterhaus | Petersen |
|
Quirk | Raecker | Rants | Rayhons |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Sievers | Taylor, D. | Taylor, T. |
|
Teig | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Winckler | Wise | Witt | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, none.
Absent or not voting, 8:
|
Fallon | Grundberg | Jenkins | Klemme |
|
Mertz | Smith | Stevens | Sukup |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
Teig of Hamilton called up for consideration House File 564, a bill
for an act providing for the reversion of dividends and distributions
by certain cooperative associations, amended by the Senate, and
moved that the House concur in the following Senate amendment H-
1652:
H-1652
1 Amend House File 564, as passed by the House, as
2 follows:
3 1. Page 2, line 9, by striking the word and
4 figure "section 556.5" and inserting the following:
5 "sections 556.5 and 556.11".
6 2. Page 2, by inserting after line 13, the
7 following:
8 " . Any disbursement that is retained by the
9 cooperative association shall be forfeited to the
10 cooperative association if the cooperative association
11 publishes at least one notice of the abandoned
12 property in a publication regularly distributed to its
13 membership or in a newspaper having a general
14 circulation in the county where the cooperative
15 association is located. The notice shall include all
16 of the following:
17 a. The name and address of the cooperative
18 association.
19 b. The name of the person who has an interest in
20 the disbursement according to the records of the
21 cooperative association.
22 c. A brief description of the type of disbursement
23 retained by the cooperative association.
24 d. A statement that the disbursement will be
25 forfeited to the cooperative association unless the
26 person files a claim for the disbursement within the
27 period provided for in this section."
28 3. Page 2, by striking lines 25 through 29, and
29 inserting the following: "within six months after the
30 first date that the notice of abandoned property is
31 first published as provided in this section, the
32 disbursement shall be forfeited to the cooperative
33 association."
34 4. Page 2, line 30, by striking the word
35 "disbursement" and inserting the following:
36 "disbursements".
37 5. Page 2, line 31, by striking the word "is" and
38 inserting the following: "are".
39 6. Page 2, line 32, by inserting before the words
40 "the directors" the following: "provided in this
41 subsection. The cooperative association may authorize
42 the payment of forfeited disbursements to persons
43 claiming interests in forfeited disbursements as
44 provided in the cooperative association's articles of
45 incorporation or bylaws. Otherwise, forfeited
46 disbursements shall be used as".
47 7. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1652.
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. 564)
The ayes were, 91:
|
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 |
|
Garman | Gipp | Greimann | Hahn |
|
Hansen | Heaton | Hoffman | Horbach |
|
Houser | Hoversten | Huseman | Huser |
|
Jacobs | Jochum | Johnson | Kettering |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lensing | Manternach | Mascher | May |
|
Metcalf | Millage | Murphy | Myers |
|
O'Brien | Osterhaus | Petersen | Quirk |
|
Raecker | Rants | Rayhons | Rekow |
|
Reynolds | Richardson | Roberts | Scherrman |
|
Schrader | Seng | Shey | Shoultz |
|
Sievers | Taylor, D. | Taylor, T. | Teig |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Winckler |
|
Wise | Witt | Mr. Speaker |
|
| | Siegrist |
|
|
The nays were, 1:
Absent or not voting, 8:
|
Fallon | Grundberg | Jenkins | Klemme |
|
Mertz | Smith | Stevens | Sukup |
|
|
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 564 and Senate Files 203, 350 and 499.
SENATE AMENDMENTS CONSIDERED
Baudler of Adair called up for consideration 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, amended by the Senate, and
moved that the House concur in the following Senate amendment H-
1689:
H-1689
1 Amend House File 502, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 4, by inserting after line 7, the
4 following:
5 "Sec. . Section 717A.1, subsection 2, paragraph
6 a, Code 2001, is amended to read as follows:
7 a. Willfully destroy property of an animal
8 facility, or kill or injure an animal maintained at an
9 animal facility, including by an act of violence or
10 the transmission of a disease including but not
11 limited to any disease designated by the department of
12 agriculture and land stewardship pursuant to section
13 163.2.
14 Sec. . Section 717A.1, subsection 2, paragraph
15 c, subparagraph (2), Code 2001, is amended to read as
16 follows:
17 (2) Injure Kill or injure an animal maintained at
18 the animal facility."
19 2. Page 4, line 14, by striking the word "The"
20 and inserting the following: "The This".
21 3. Page 4, by inserting after line 16 the
22 following:
23 " . This section does not apply to a licensed
24 veterinarian practicing veterinary medicine as
25 provided in chapter 169 and according to customary
26 standards of care."
27 4. Page 6, by striking line 5, and inserting the
28 following:
29 " . A person who violates this section as it
30 applies to a research crop or crop operation".
31 5. Page 6, by striking line 18, and inserting the
32 following:
33 " . A person who violates this section as it
34 applies to a crop other than a research crop".
35 6. By renumbering, relettering, or redesignating
36 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1689.
Baudler of Adair 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. 502)
The ayes were, 92:
|
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 |
|
Garman | Gipp | Greimann | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Houser | Hoversten | Huseman |
|
Huser | Jacobs | Jochum | Johnson |
|
Kettering | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Metcalf | Millage | Murphy |
|
Myers | O'Brien | Osterhaus | Petersen |
|
Quirk | Raecker | Rants | Rayhons |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Sievers | Taylor, D. | Taylor, T. |
|
Teig | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Winckler | Wise | Witt | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, none.
Absent or not voting, 8:
|
Fallon | Grundberg | Jenkins | Klemme |
|
Mertz | Smith | Stevens | Sukup |
|
|
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 656,
a bill for an act relating to the licensing and regulation of
manufactured or mobile homes, providing that actions for rent
recovery and for forcible entry and detention of real property may be
merged, and providing coordinating amendments, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-1716:
H-1716
1 Amend House File 656, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 15, by striking lines 2 through 22.
4 2. Title page, by striking lines 2 through 4, and
5 inserting the following: "or mobile homes, and
6 providing coordinating amendments."
7 3. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1716.
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. 656)
The ayes were, 92:
|
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 |
|
Garman | Gipp | Greimann | Hahn |
|
Hansen | Hatch | Heaton | Hoffman |
|
Horbach | Houser | Hoversten | Huseman |
|
Huser | Jacobs | Jochum | Johnson |
|
Kettering | Kreiman | Kuhn | Larkin |
|
Larson | Lensing | Manternach | Mascher |
|
May | Metcalf | Millage | Murphy |
|
Myers | O'Brien | Osterhaus | Petersen |
|
Quirk | Raecker | Rants | Rayhons |
|
Rekow | Reynolds | Richardson | Roberts |
|
Scherrman | Schrader | Seng | Shey |
|
Shoultz | Sievers | Taylor, D. | Taylor, T. |
|
Teig | Tremmel | Tymeson | Tyrrell |
|
Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
|
Winckler | Wise | Witt | Mr. Speaker |
|
| | | Siegrist |
|
|
The nays were, none.
Absent or not voting, 8:
|
Fallon | Grundberg | Jenkins | Klemme |
|
Mertz | Smith | Stevens | Sukup |
|
|
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
HOUSE INSISTS
Broers of Cerro Gordo called up for consideration Senate File 466,
a bill for an act relating to child care and protection public policy
provisions involving children, and moved that the House insist on its
amendment, which motion prevailed.
CONFERENCE COMMITTEE APPOINTED
(Senate File 466)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and Senate
concerning Senate File 466: Broers of Cerro Gordo, Chair; Cormack of
Webster, Boddicker of Cedar, Murphy of Dubuque and Smith of
Marshall.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 502 and 656.
INTRODUCTION OF BILLS
House File 741, by Rants, a bill for an act relating to certain
grain crops originating from agricultural seeds that have been
genetically modified using biotechnological techniques, providing for
liability, and providing for penalties.
Read first time and referred to committee on agriculture.
House File 742, by committee on appropriations, a bill for an act
relating to and making appropriations from the rebuild Iowa
infrastructure fund to state departments and agencies, including the
department of corrections, the department of cultural affairs, the
department of economic development, the department of general
services, the Iowa state fair foundation, the legislative council, the
department of natural resources, the department of public defense,
the department of public safety, the state board of regents, the state
department of transportation, and the office of treasurer of state, and
making appropriations from the environment first fund for
environmental purposes to the department of agriculture and land
stewardship, the department of economic development, the
department of natural resources, the state department of
transportation, and the Iowa resources enhancement and protection
fund, making related statutory changes, and providing effective
dates.
Read first time and placed on the appropriations calendar.
House File 743, by committee on ways and means, a bill for an
act 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.
Read first time and placed on the ways and means calendar.
House File 744, by committee on ways and means, a bill for an
act relating to the exemption from property taxation of facilities used
by private educational institutions.
Read first time and placed on the ways and means calendar.
SENATE MESSAGES CONSIDERED
Senate File 521, by committee on ways and means, a bill for an
act establishing a new economy employment initiative by providing
for a partial deduction under the individual income tax for the capital
gain from the sale or exchange of capital stock of a corporation which
was acquired by an individual on account of employment with the
corporation, limiting the fiscal impact of the partial deductions, and
including an effective and retroactive applicability date provision.
Read first time and passed on file.
Senate File 530, by committee on appropriations, a bill for an act
relating to and making appropriations to the justice system, making
related statutory changes, and providing an effective date.
Read first time and referred to committee on appropriations.
Senate File 536, by committee on ways and means, a bill for an
act relating to physical plant and equipment levy amounts collected
in urban renewal areas, providing an effective date, and providing for
the Act's applicability.
Read first time and referred to committee on ways and means.
Senate File 537, by committee on appropriations, a bill for an act
relating to and making appropriations from the tobacco settlement
endowment fund and the healthy Iowans tobacco trust, establishing
certain uses for the appropriations, and providing effective dates.
Read first time and referred to committee on appropriations.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on April 26,
2001. Had I been present, I would have voted "aye" on House Files
727, 731, 733 and Senate Files 392, 526 and 528.
BUKTA of Clinton
CONFERENCE COMMITTEE REPORT FILED
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the conference committee report on the following bill has been
received and is on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
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.
ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:
CLEL BAUDLER, Chair ANDY MCKEAN, Chair
GEORGE EICHHORN JEFF ANGELO
KEITH KREIMAN JOHNIE HAMMOND
CHUCK LARSON JACK HOLVECK
MARK TREMMEL STEVE KING
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 26, 2001, he approved and transmitted to the Secretary of
State the following bills:
House File 352, an act relating to the administration and care of the Iowa battle
flag collection.
House File 356, an act relating to administrative and corrective changes to the
workers' compensation law and providing an effective date and retroactive
applicability.
House File 535, an act allowing cities to issue general obligation bonds, revenue
bonds, or loan agreements to fund the construction and equipping of child care centers
and providing an effective date.
House File 581, an act relating to the size of drainage or levee districts having
election districts.
House File 647, an act relating to the release and use of certain personal
information by the state department of transportation.
Senate File 62, an act relating to the processing and distribution of honey in
residences.
Senate File 168, an act relating to the granting of additional cable television
franchises by a city.
Senate File 169, an act limiting the exemption from regulation of certain persons
acting as an attorney in fact regarding certain real estate transactions.
Senate File 259, an act relating to the victim rights compensation fund.
Senate File 337, an act relating to transfers of structured settlement payment
rights for tort and workers' compensation claims, providing civil remedies, and an
applicability date.
GOVERNOR'S VETO MESSAGE
A copy of the following communication was received and placed on
file:
April 26, 2001
Brent Siegrist
Speaker of the House
State Capitol Building
L O C A L
Dear Speaker Siegrist:
I hereby transmit House File 341, an act relating to informed consent provisions
relating to an abortion and providing criminal penalties, and providing an effective
date.
House File 341 provides that an abortion shall be prohibited without the "voluntary
and informed consent" of the woman seeking the procedure. To meet this consent
requirement, a physician or the physician's agent is required to provide government
prescribed information, predominantly non-medical, to the woman at least 24 hours
prior to performing the procedure. The bill, in a rare move, would subject medical
professionals to criminal penalties for failing to comply.
House File 341 is substantially the same as House File 2229, which I vetoed one
year ago. The concerns that I expressed then remain today and are as follows:
1. Providing prescribed information - While I firmly support providing information
that allows a patient to make an informed decision regarding a medical procedure, the
requirement in this bill is redundant with current law and therefore not necessary.
Iowa law currently requires a medical professional to obtain, from the patient, a
written consent to any medical or surgical procedure. (Iowa Code 147.137) This written
consent includes information on the risks associated with the procedure to be
performed. Therefore, women are already being provided information they need to
make an informed decision about the abortion procedure.
2. 24 Hour Waiting period - This bill also assumes that women do not invest
enough time before the procedure weighing the emotional, medical, and spiritual
factors involved in making this extremely difficult decision. I do not believe that
assumption is true.
Current parental notification laws, which I supported, also provide an opportunity
for every young woman to have help and assistance in making this decision. Medical
facilities providing abortions and family planning services currently make information
available to a woman contemplating an abortion. A number of other organizations,
including many churches, synagogues, and faith-based organizations, should and do
make information on alternatives available. From this, I conclude that any
information a woman wants or needs is available to her.
Given the current laws in Iowa and the level of information currently available to
women, I must again conclude that this bill is not about providing informed consent.
Rather it is about government prescribing what a woman should think about, when a
woman should think, and for how long a woman should think. This goes beyond the
appropriate role of government in the context of this legal procedure.
The decision to have or not have an abortion is and should be the patient's decision.
It should be made pursuant to her own values, in consultation with her physician and
her God. Government's role is and should be limited.
For the above reasons, I hereby respectfully disapprove House File 341.
Sincerely,
Thomas J. Vilsack
Governor
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\1085 Orvil Nelson, Wellman - For celebrating his 80th birthday.
2001\1086 Harold Schmickley, Boone - For celebrating his 95th birthday.
2001\1087 Burlington High School SADD Chapter, Burlington - For being
named National SADD Program of the Year.
2001\1088 Darlyne Wright, Armstrong - For celebrating her 88th birthday.
2001\1089 Roma and Ray Ault, Mitchellville - For celebrating their 50th
wedding anniversary.
2001\1090 Carolyn and Bill Frederick, Alleman - For celebrating their 50th
wedding anniversary.
2001\1091 Phil Wiese, Tipton - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.
2001\1092 Gilbert High School, Gilbert - For winning the State Parliamentary
Procedure Competition.
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 APPROPRIATION
Senate File 530, a bill for an act relating to and making appropriations to the
justice system, making related statutory changes, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass April 27, 2001.
Senate File 535, a bill for an act relating to the funding of, operation of, and
appropriation of moneys to the college student aid commission, the department of
cultural affairs, the department of education, and the state board of regents.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1750 April 27, 2001.
Committee Bill (Formerly House Study Bill 258), relating to the senior living
program including provisions relating to and making appropriations from the senior
living trust fund to the department of elder affairs and the department of human
services, and including effective date and retroactive applicability provisions.
Fiscal Note is not required.
Recommended Do Pass April 26, 2001.
Committee Bill (Formerly House Study Bill 259), relating to and making
appropriations from the rebuild Iowa infrastructure fund to state departments and
agencies, including the department of agriculture and land stewardship, the
department of corrections, the department of cultural affairs, the department of
economic development, the department of general services, the Iowa state fair
foundation, the legislative council, the department of natural resources, the
department of public defense, the department of public safety, the state board of
regents, the state department of transportation, and the office of treasurer of state, and
making appropriations from the environment first fund for environmental purposes to
the department of agriculture and land stewardship, the department of economic
development, the department of natural resources, the state department of
transportation, and the Iowa resources enhancement and protection fund, making
related statutory changes, and providing effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass April 26, 2001.
Committee Bill (Formerly House Study Bill 261), relating to the compensation
and benefits for public officials and employees, providing for related matters, and
making appropriations.
Fiscal Note is not required.
Recommended Amend and Do Pass April 27, 2001.
COMMITTEE ON WAYS AND MEANS
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.
Fiscal Note is not required.
Recommended Do Pass April 26, 2001.
Senate File 520, a bill for an act relating to the property tax exemption for
methane gas and other gas conversion property and providing a retroactive
applicability date and an effective date.
Fiscal Note is not required.
Recommended Do Pass April 26, 2001.
Committee Bill (Formerly House Study Bill 255), 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.
Fiscal Note is not required.
Recommended Do Pass April 26, 2001.
Committee Bill (Formerly House Study Bill 257), relating to the exemption from
property taxation of facilities used by private educational institutions.
Fiscal Note is not required.
Recommended Do Pass April 26, 2001.
RESOLUTIONS FILED
HCR 34, by Grundberg, a concurrent resolution reminding Iowa's
congressional delegation to fund the federal financial commitment to
states, localities, and children with disabilities under the federal
Individuals With Disabilities Education Act.
Laid over under Rule 25.
HCR 35, by May, Brauns, Houser, and Huser, a concurrent
resolution requesting the establishment of a committee to study and
make recommendations concerning issues related to hazardous
material cleanup.
Laid over under Rule 25.
AMENDMENTS FILED
H-1746 H.F. 740 Osterhaus of Jackson
H-1747 H.F. 740 Osterhaus of Jackson
H-1748 S.F. 515 T. Taylor of Linn
H-1749 S.F. 515 T. Taylor of Linn
H-1750 S.F. 535 Committee on Appropriations
H-1751 S.F. 535 Finch of Story
H-1752 H.F. 739 Eichhorn of Hamilton
On motion by Rants of Woodbury the House adjourned at 12:53
p.m., until 10:00 a.m., Monday, April 30, 2001.
© 2001 Cornell College and
League of Women Voters of Iowa
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