House Journal: Thursday, January 24, 2002
JOURNAL OF THE HOUSE
Eleventh Calendar Day - Eighth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, January 24, 2002
The House met pursuant to adjournment at 8:48 a.m., Speaker
Siegrist in the chair.
Prayer was offered by the Honorable J. Scott Raecker, state
representative from Polk County.
The Journal of Wednesday, January 23, 2002 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Atteberry of Delaware on request of Bukta of Clinton.
INTRODUCTION OF BILLS
House File 2100, by Horbach, a bill for an act providing for
reinstatement of emergency medical care services certification.
Read first time and referred to committee on human resources.
House File 2101, by Kreiman, a bill for an act relating to the
payment of criminal fines, including criminal surcharges, court costs,
and applicable fees, by allowing for immediate withholding of a
defendant's income.
Read first time and referred to committee on judiciary.
House File 2102, by Warnstadt, a bill for an act providing for the
creation of a school infrastructure assistance program, and making
an appropriation.
Read first time and referred to committee on education.
House File 2103, by Kreiman, a bill for an act providing a
preference for Iowa-based establishments to operate as vendors
during the Iowa state fair, and providing an effective date.
Read first time and referred to committee on state government.
House File 2104, by Warnstadt, a bill for an act appropriating
moneys from the environment first fund to the department of
economic development for deposit in the brownfield redevelopment
fund.
Read first time and referred to committee on economic
development.
House File 2105, by Grundberg, a bill for an act removing voting
restrictions from persons with mental illness and providing for
contingent effectiveness.
Read first time and referred to committee on state government.
House File 2106, by Cormack, a bill for an act relating to the
disposition of property by an area education agency.
Read first time and referred to committee on education.
House File 2107, by Jones, a bill for an act relating to recycling
requirements in solid waste comprehensive plans.
Read first time and referred to committee on environmental
protection.
House File 2108, by Cormack and Gipp, a bill for an act providing
for and requiring the statewide licensure of electricians and
installers, providing for registration of apprentice electricians,
establishing fees, providing penalties, and providing an effective date.
Read first time and referred to committee on state government.
House File 2109, by Jenkins, Dotzler, Larkin, Mertz, O'Brien,
May, Scherrman, Metcalf, Bradley, Brauns, Hansen, and Elgin, a bill
for an act relating to the regulation of games of skill or chance and
raffles conducted for fundraising by charitable, religious, educational,
public, civic, or patriotic organizations, or other entities, or between
individuals.
Read first time and referred to committee on state government.
House File 2110, by Cormack, Jochum, and Foege, a bill for an
act to establish an interior design examining board, to provide for the
registration of interior designers in order to use the title of registered
interior designer, and to provide fees and penalties.
Read first time and referred to committee on state government.
House File 2111, by committee on judiciary, a bill for an act
relating to protection from domestic abuse and including protections
for persons in an intimate relationship.
Read first time and placed on the calendar.
House File 2112, by committee on judiciary, a bill for an act
requiring motor vehicle operators to take certain precautions when
passing stationary authorized emergency, towing, recovery, and
highway maintenance vehicles and providing a penalty.
Read first time and placed on the calendar.
HOUSE FILE 531 WITHDRAWN
T. Taylor of Linn asked and received unanimous consent to
withdraw House File 531 from further consideration by the House.
CONSIDERATION OF BILL
Ways and Means Calendar
House File 2078, a bill for an act creating an Iowa capital
investment board, authorizing the organization of an Iowa capital
investment corporation and an Iowa fund of funds, and authorizing
the issuance of contingent tax credits to investors in the Iowa fund of
funds, was taken up for consideration.
The House stood at ease at 9:00 a.m., until the fall of the gavel.
The House resumed session and consideration of House File 2078,
at 10:28 a.m., Speaker Siegrist in the chair.
Teig of Hamilton offered the following amendment H-8006 filed by
him and moved its adoption:
H-8006
1 Amend House File 2078 as follows:
2 1. Page 1, line 34, by striking the word "five"
3 and inserting the following: "three".
4 2. Page 2, by striking lines 1 through 7 and
5 inserting the following:
6 "b. The investment of resources from the Iowa fund
7 of funds in Iowa businesses within three years of the
8 effective date of this Act.
9 c. A cumulative rate of return on venture
10 investments of the Iowa fund of funds equal to a
11 minimum of one and one-half percentage points above
12 the ten-year treasury bill rate in effect at the end
13 of five years following the effective date of this
14 Act."
15 3. Page 4, line 4, by striking the words "and
16 investments made by".
17 4. Page 4, line 34, by inserting after the word
18 "year." the following: "The board shall indicate on
19 the tax certificate the principal amount of the tax
20 credit and the taxable year or years for which the
21 credit may be claimed."
22 5. Page 11, by inserting after line 29 the
23 following:
24 "i. Upon the liquidation of the Iowa fund of
25 funds, the Iowa capital investment corporation shall
26 file a report with the general assembly stating how
27 many jobs in this state were created through
28 investments made by the Iowa fund of funds."
29 6. Page 13, line 29, by inserting after the word
30 "year." the following: "The board shall indicate on
31 the tax certificate the principal amount of the tax
32 credit and the taxable year or years for which the
33 credit may be claimed."
Amendment H-8006 was adopted.
Teig of Hamilton asked and received unanimous consent that
amendment H-8008 be deferred.
Sukup of Franklin in the chair at 10:38 a.m.
Teig of Hamilton offered the following amendment H-8004 filed by
him and moved its adoption:
H-8004
1 Amend House File 2078 as follows:
2 1. Page 14, by inserting after line 27, the
3 following:
4 "Sec. ___. NEW SECTION. 15E.229 ENFORCEMENT.
5 The attorney general may enforce the provisions of
6 this division and conduct any investigations necessary
7 for such enforcement."
8 2. By renumbering as necessary.
Amendment H-8004 was adopted.
Van Fossen of Scott offered the following amendment H-8008,
previously deferred, filed by him and moved its adoption:
H-8008
1 Amend House File 2078 as follows:
2 1. Page 2, line 30, by inserting after the figure
3 "432" the following: "and against the moneys and
4 credits tax imposed by section 533.24".
5 2. Page 14, line 26, by inserting after the word
6 "banks" the following: ", for credit unions,".
Amendment H-8008 was adopted.
RULE 31.8 SUSPENDED
Shoultz of Black Hawk asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments, for
the immediate consideration of amendment H-8009.
Shoultz of Black Hawk offered the following amendment H-8009
filed by him from the floor and moved its adoption:
H-8009
1 Amend House File 2078 as follows:
2 1. Page 11, by striking lines 19 through 21, and
3 inserting the following:
4 "g. Each calendar year, the auditor of state shall
5 conduct an annual audit of the activities of the Iowa
6 fund of funds or shall engage an independent auditor
7 to conduct the audit provided that the independent
8 auditor has no business, contractual, or other
9 connection to the Iowa capital investment corporation
10 or the Iowa fund of funds. The corporation shall
11 reimburse the auditor of state for costs associated
12 with the annual audit. The audit shall be delivered
13 to the Iowa".
Amendment H-8009 was adopted.
Amendment H-8010 filed by Shoultz of Black Hawk from the floor
is out of order.
Speaker Siegrist in the chair at 11:12 a.m.
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. 2078)
The ayes were, 90:
|
Alons | Arnold | Baudler | Bell |
|
Boal | Boddicker | Boggess | Bradley |
|
Brauns | Broers | Brunkhorst | Bukta |
|
Carroll | Chiodo | Cohoon | Connors |
|
Cormack | De Boef | Dix | Dolecheck |
|
Dotzler | Drake | Eddie | Eichhorn |
|
Elgin | Finch | Foege | Frevert |
|
Garman | Gipp | Greimann | Grundberg |
|
Hahn | Hansen | Hatch | Heaton |
|
Horbach | Hoversten | Huseman | Jenkins |
|
Jochum | Johnson | Jones | 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 | Roberts |
|
Scherrman | Seng | Shey | Shoultz |
|
Sievers | Smith | Stevens | Sukup |
|
Taylor, D. | Taylor, T. | Teig | Tymeson |
|
Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
|
Weidman | Wilderdyke | Winckler | Wise |
|
Witt | Mr. Speaker |
|
| Siegrist |
|
|
The nays were, 3:
Absent or not voting, 6:
|
Atteberry | Ford | Hoffman | Huser |
|
Jacobs | Richardson |
|
|
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 2078 be immediately messaged to the Senate.
INTRODUCTION OF BILLS
House Joint Resolution 2001, by Grundberg, a joint resolution
proposing an amendment to the Constitution of the State of Iowa to
change the length of term of office for members of the House of
Representatives from two years to four years.
Read first time and referred to committee on state government.
House Joint Resolution 2002, by Alons, Elgin, and Bradley, a
joint resolution to nullify an administrative rule of the division of
labor services of the department of workforce development concerning
limited-use, limited-application elevators and providing an effective
date.
Read first time and referred to committee on labor and
industrial relations.
House File 2113, by Larson, a bill for an act relating to an ex
parte order for temporary removal of a child in child abuse cases
involving the presence of an individual who is cohabiting with the
child's parent, guardian, or custodian.
Read first time and referred to committee on judiciary.
House File 2114, by Carroll and Greimann, a bill for an act
relating to mental health and developmental disability services and
involuntary hospitalization requirements.
Read first time and referred to committee on human resources.
House File 2115, by Raecker, a bill for an act relating to gambling
by imposing a criminal penalty on persons under twenty-one years of
age who gamble or attempt to gamble.
Read first time and referred to committee on state government.
House File 2116, by committee on ways and means, a bill for an
act updating the Iowa Code references to the Internal Revenue Code,
repealing an adjustment to net income for capital gains from
installment sales, relating to an adjustment to income for school
district income surtax paid, providing that refunds from the federal
rebate are not taxable, correcting a reference in the innocent spouse
statute, and providing retroactive applicability dates and an effective
date.
Read first time and placed on the ways and means calendar.
House File 2117, by Winckler, Smith, Osterhaus, Scherrman,
Quirk, Murphy, Petersen, Greimann, Atteberry, Lensing, D. Taylor,
Foege, May, Cohoon, O'Brien, Kuhn, Seng, Kreiman, Connors, Fallon,
Reynolds, Larkin, Dotzler, Shoultz, Stevens, Ford, T. Taylor, Hatch,
Mascher, Schrader, Mertz, and Tremmel, a bill for an act relating to
the state minimum hourly wage rate and the hourly wage paid by
businesses applying for or receiving state financial assistance.
Read first time and referred to committee on labor and
industrial relations.
House File 2118, by Bukta, a bill for an act relating to the
personal needs allowance for residents of health care facilities under
the medical assistance program.
Read first time and referred to committee on human resources.
ASSIGNMENT OF SEATS IN PRESS GALLERIES
The following named persons are accredited members of the press,
TV and radio stations and are entitled to access to the press galleries:
The Ames Daily Tribune David Grebe, Rebecca Anderson
Associated Press Mike Glover, Emily Gersema
Burlington Hawkeye Dennis J. Carroll
Cedar Rapids Gazette Rod Boshart, James Lynch
Des Moines Register Jon Roos, Michael Cory,
Tony Leys, Mark Siebert,
Lynn Okamoto
Dubuque Telegraph Herald Mary Rae Bragg
Iowa Legislative News Service Jack Hunt, Tom Hunt,
Barbara Hunt, John Kurr,
Kathi Marts-Foster
Iowa Farm Bureau Dale Johnson
Lee Enterprises Des Moines Bureau Kathie Obradovich, Todd Dorman,
Ed Tibbetts
Omaha World Herald Chris Clayton
Sioux City Journal Kate Thomson
The Casino & Pari-Mutuel Journal Inc. Thomas Bach
Waterloo Courier Charlotte Eby
KCCI TV Michelle Parker, Geoff Greenwood,
Todd Magel, Eric Hanson
KFXB TV Keisha Brown, Madelin Fuerste
KIMT TV Jaime Copley, Kristin Erickson,
Katrina Pederson, Stephanie
Angleson, Elisa Mangesho
KUNI Public Radio Jeneane Beck
KWWL TV John Dodge, Tami Wiencek,
Crystal Britt
Radio Iowa O. Kay Henderson
WHO Radio Richard Lee, Jim Boyd,
Pat Curtis, Rachel Conradt,
Dan Welk
WOI Radio Joyce Russell
WHO TV Patrick Dix, Jeff Felton,
Brian Fiser, Dave Price
WOI TV Jay Villwock, Don Schmith,
Stacy Kennell, Tim Knol
HOUSE FILE 2108 REREFERRED
The Speaker announced that House File 2108, previously referred
to committee on state government was rereferred to committee on
commerce and regulation.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on January 24,
2002. Had I been present, I would have voted "aye" on House File
2078.
FORD of Polk
I was necessarily absent from the House chamber on January 24,
2002. Had I been present, I would have voted "aye" on House File
2078.
JACOBS of Polk
I was necessarily absent from the House chamber on January 24,
2002. Had I been present, I would have voted "aye" on House File
2078.
RICHARDSON of Warren
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Nine students from Marshalltown Community College,
Marshalltown, accompanied by Elaine Peterson. By Smith of
Marshall.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the office
of the Chief Clerk:
BOARD OF REGENTS
The Five-Year Capital Building Program Report for Fiscal Years 2003-2007,
pursuant to Chapter 262A, Code of Iowa.
DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
The paratuberculosis task force report, pursuant to Chapter 101.9(3), 2001 Acts of
the Seventy-ninth General Assembly.
CERTIFICATE OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that a certificate of recognition has been issued as follows.
MARGARET A. THOMSON
Chief Clerk of the House
2002\100 John and Donna Sereg, Carlisle - For celebrating their 50th wedding
anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 617
Agriculture: Mertz, Chair; Huseman and Rayhons.
House File 2014
Judiciary: Eichhorn, Chair; Baudler and Tremmel.
House File 2037
Judiciary: Millage, Chair; Broers and Jochum.
House File 2048
Judiciary: Boddicker, Chair; Broers and Kreiman.
House File 2052
Judiciary: Broers, Chair; Tremmel and Wilderdyke.
House File 2058
Natural Resources: Baudler, Chair; Bukta and Drake.
House File 2060
Judiciary: Baudler, Chair; Kreiman and Shey.
House File 2063
Judiciary: Baudler, Chair; Kreiman and Raecker.
House File 2067
Judiciary: Wilderdyke, Chair; Broers and Chiodo.
House File 2076
Natural Resources: Weidman, Chair; Huseman and Scherrman.
House File 2077
Judiciary: Millage, Chair; Baudler and Tremmel.
House File 2098
Education: Carroll, Chair; Grundberg and Wise.
House File 2102
Education: Grundberg, Chair; Boal and Cohoon.
House File 2106
Education: Sievers, Chair; Foege and Hansen.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 513
Local Government: Jones, Chair; Eddie and Reynolds.
House Study Bill 514
Local Government: Jones, Chair; Eddie and Reynolds.
House Study Bill 531 Reassigned
Economic Development: Jenkins, Chair; Elgin and Seng.
House Study Bill 538
Ways and Means: Eichhorn, Chair; Osterhaus and Teig.
House Study Bill 539
Local Government: Van Engelenhoven, Chair; Sievers and Warnstadt.
House Study Bill 540
Local Government: Hahn, Chair; Klemme and Warnstadt.
House Study Bill 541
Local Government: Carroll, Chair; Brauns and Reynolds.
House Study Bill 542
Agriculture: Rekow, Chair; Atteberry and Rayhons.
House Study Bill 545
Appropriations: Millage, Chair; Brunkhorst and Mascher.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 546 Labor and Industrial Relations
Relating to permitted and prohibited occupations for certain child
laborers involving motor vehicle cleaning, washing, and polishing,
and providing an effective date.
H.S.B. 547 Judiciary
Establishing a minimum expense for the public defender when
assessing restitution.
H.S.B. 548 Judiciary
Requiring additional information on certain real estate disclosure
statements and providing for recision of certain real estate contracts.
H.S.B. 549 Judiciary
Relating to detaining criminal defendants who are mentally
incompentent or dangerous.
H.S.B. 550 Agriculture
Restricting investment tax credits related to confinement feeding
operations.
H.S.B. 551 Commerce and Regulation
Limiting damages for noneconomic losses arising out of the personal
injury or death of a resident of a health care facility.
H.S.B. 552 Commerce and Regulation
Relating to vendor contracts for the statewide underground facility
notification center.
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 ENVIRONMENTAL PROTECTION
House File 661, a bill for an act relating to the burning of wood by sanitary
landfills.
Fiscal Note is not required.
Recommended Do Pass January 24, 2002.
COMMITTEE ON JUDICIARY
Committee Bill (Formerly House Study Bill 511), relating to presentation of
victim impact statements at criminal sentencing hearings.
Fiscal Note is not required.
Recommended Amend and Do Pass January 24, 2002.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 506), updating the Iowa Code
references to the Internal Revenue Code, repealing an adjustment to net income for
capital gains from installment sales, relating to an adjustment to income for school
district income surtax paid, providing that refunds from the federal rebate are not
taxable, correcting a reference in the innocent spouse statute, and providing retroactive
applicability dates and an effective date.
Fiscal Note is not required.
Recomended Do Pass January 23, 2002.
RESOLUTION FILED
HCR 105, by Siegrist, Rants and Myers, a concurrent resolution
designating January 30, 2002, as Iowa Insurance Day.
Laid over under Rule 25.
AMENDMENT FILED
H-8011 H.F. 2075 Murphy of Dubuque
On motion by Rants of Woodbury the House adjourned at 11:31
a.m., until 1:00 p.m., Monday, January 28, 2002.
© 2002 Cornell College and
League of Women Voters of Iowa
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