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House Journal: Monday, March 17, 2003

JOURNAL OF THE HOUSE

Sixty-fourth Calendar Day - Forty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, March 17, 2003

The House met pursuant to adjournment at 1:03 p.m., Speaker
Rants in the chair.

Prayer was offered by Reverend John Eilers, pastor of the First
Christian Church of Woodbine. He was the guest of Representative
Paul Wilderdyke of Harrison County.

The Journal of Friday, March 14, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Speaker Rants.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Petersen of Polk, until her arrival, on request of Dandekar of Linn.

INTRODUCTION OF BILLS

House File 588, by Ford, a bill for an act relating to education
and continuing education requirements for certification as a nurse
aide.

Read first time and referred to committee on state government.

House File 589, by committee on state government, a bill for an
act providing that incident reports or violations by other licensees or
permittees shall not be considered upon review of a local authority
decision relating to specified liquor control, wine, or beer licenses or
permits.

Read first time and placed on the calendar.


House File 590, by committee on state government, a bill for an
act relating to the election of directors of local school districts, area
education agencies, and merged areas, and including an effective
date, applicability, and transition provision.

Read first time and placed on the calendar.

House File 591, by committee on economic growth, a bill for an
act relating to the employment security administrative contribution
surcharge, and providing an effective date.

Read first time and placed on the calendar.

House File 592, by committee on economic growth, a bill for an
act relating to economic development-related issues of the
universities under the control of the state board of regents by
amending the composition of the Iowa economic development board
and the Iowa workforce development board, changing the university-
based research and economic development Act to address
commercialization of research, and creating an Iowa
commercialization advisory council.

Read first time and placed on the calendar.

House File 593, by committee on state government, a bill for an
act relating to elections and voter registration by providing for
nonpartisan election of township offices, allowing nomination
petitions to be signed on both sides of paper, removing the
requirement that judges' names be rotated on certain ballots,
removing certain authority to sign voter registration forms on behalf
of the registrant, relating to use of substitute precinct election
officials, relating to use of voting machine or paper ballots at certain
elections, modifying opening hours and closing hours of the polls at
certain elections, providing for destruction of certain ballots, relating
to the abstract of votes for county offices, providing for use of certain
voting machines at satellite absentee voting stations, relating to
observers present when ballots are counted, allowing absentee voting
at the commissioner's office for certain elections, and relating to
persons nominated for city office by write-in votes.

Read first time and placed on the calendar.

House File 594, by committee on state government, a bill for an
act relating to the registration of electrical and mechanical
amusement devices and the registration of manufacturers and
distributors thereof, making penalties applicable, and providing an
effective date.

Read first time and referred to committee on appropriations.

House File 595, by committee on local government, a bill for an
act relating to land use, by limiting condemnation of century farms,
by modifying procedures pertaining to certain voluntary annexations
and to involuntary annexations and providing an effective date.

Read first time and placed on the calendar.

House File 596, by committee on human resources, a bill for an
act relating to the regulation of adult day services, and providing for
appropriations and penalties.

Read first time and referred to committee on appropriations.

House File 597, by committee on local government, a bill for an
act relating to conflicts of interest in public contracts.

Read first time and placed on the calendar.

House File 598, by committee on judiciary, a bill for an act
relating to criminal sentencing by permitting a conditional discharge,
reclassifying certain felonies, and reopening a sentence that requires
a maximum accumulation of earned time credits of fifteen percent of
the total term of confinement, and providing penalties.

Read first time and placed on the calendar.

House File 599, by committee on commerce, regulation and labor,
a bill for an act relating to property insurance, including
establishment of a mandatory plan to assure fair access to insurance
requirements, and providing for an effective date and retroactive
applicability.

Read first time and placed on the calendar.

House File 600, by committee on agriculture, a bill for an act
regulating organic agricultural products, providing for fees and
penalties, and providing an effective date.

Read first time and placed on the calendar.

House File 601, by committee on state government, a bill for an
act relating to campaign finance, including political party
committees, campaign disclosure reports, independent expenditures,
and income tax checkoff provisions.

Read first time and placed on the calendar.

House File 602, by committee on state government, a bill for an
act providing for the establishment of a continuous quality
improvement program relating to licensed pharmacy operations.

Read first time and placed on the calendar.

House File 603, by committee on state government, a bill for an
act providing an exception to licensing requirements for certain bingo
occasions conducted by nonprofit organizations.

Read first time and placed on the calendar.

House File 604, by committee on state government, a bill for an
act requiring state government annual reports made to the general
assembly to include certain financial information.

Read first time and placed on the calendar.

House File 605, by committee on state government, 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 placed on the calendar.

House File 606, by committee on state government, a bill for an
act providing for transfer of the professional licensing and regulation

division of the department of commerce to the secretary of state's
office.

Read first time and placed on the calendar.

House File 607, by committee on judiciary, a bill for an act
relating to nonprofit corporations and providing penalties and
effective and applicability dates.

Read first time and placed on the calendar.

The House stood at ease at 1:07 p.m., until the fall of the gavel.

The House resumed session at 1:12 p.m., Speaker Rants in the
chair.

The House stood at ease at 1:18 p.m., until the fall of the gavel.

The House resumed session at 2:58 p.m., Speaker Rants in the
chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Van Engelenhoven of Marion, until his return, on request of Gipp of Winneshiek;
T. Taylor of Linn for the remainder of the week, on request of Quirk of Chickasaw.

CONSIDERATION OF BILLS
Regular Calendar

House File 339, a bill for an act relating to snowmobile franchises
by requiring the repurchase of certain inventory upon termination of
a franchise and providing effective and retroactive applicability dates,
was taken up for consideration.

Rayhons of Hancock 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. 339)

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Fallon Foege
Ford Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Hunter Huseman Huser Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rasmussen Rayhons Reasoner Roberts
Sands Schickel Shoultz Smith
Stevens Struyk Swaim Taylor, D.
Thomas Tjepkes Tymeson Upmeyer
Van Fossen, J.K. Van Fossen, J.R. Watts Wendt
Whitaker Whitead Wilderdyke Winckler
Wise Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 2:
Taylor, T. Van Engelenhoven

 


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

House File 343, a bill for an act relating to enforcement of motor
vehicle law provisions and making penalties applicable, was taken up
for consideration.

Tjepkes of Webster 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. 343)

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Fallon Foege
Ford Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Hunter Huseman Huser Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rasmussen Rayhons Reasoner Roberts
Sands Schickel Shoultz Smith
Stevens Struyk Swaim Taylor, D.
Thomas Tjepkes Tymeson Upmeyer
Van Fossen, J.K. Van Fossen, J.R. Watts Wendt
Whitaker Whitead Wilderdyke Winckler
Wise Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 2:
Taylor, T. Van Engelenhoven

 


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

House File 349, a bill for an act relating to the representation of
indigent persons and indigent defense claims, was taken up for
consideration.

Kramer of Polk offered the following amendment H-1037 filed by
him and moved its adoption:


H-1037

1 Amend House File 349 as follows:
2 1. Page 1, line 19, by striking the word
3 "appropriations" and inserting the following:
4 "allocations".
5 2. Page 2, line 10, by striking the figure
6 "815.5," and inserting the following: "815.5,".

Amendment H-1037 was adopted.

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

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

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Fallon Foege
Ford Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Hunter Huseman Huser Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rasmussen Rayhons Reasoner Roberts
Sands Schickel Shoultz Smith
Stevens Struyk Swaim Taylor, D.
Thomas Tjepkes Tymeson Upmeyer
Van Fossen, J.K. Van Fossen, J.R. Watts Wendt
Whitaker Whitead Wilderdyke Winckler
Wise Mr. Speaker
Rants

 


The nays were, none.


Absent or not voting, 2:
Taylor, T. Van Engelenhoven

 


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

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 339, 343 and 349.

House File 380, a bill for an act providing for the administration
of funds for animal agriculture, including moneys transferred from
and deposited into these funds, and providing an effective date, was
taken up for consideration.

De Boef of Keokuk 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. 380)

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Fallon Foege
Ford Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Hunter Huseman Huser Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rasmussen Rayhons Reasoner Roberts
Sands Schickel Shoultz Smith
Stevens Struyk Swaim Taylor, D.
Thomas Tjepkes Tymeson Upmeyer
Van Fossen, J.K. Van Fossen, J.R. Watts Wendt
Whitaker Whitead Wilderdyke Winckler
Wise Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 2:
Taylor, T. Van Engelenhoven

 


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

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
March 17, 2003, passed the following bill in which the concurrence of the House is
asked:

Senate File 73, a bill for an act relating to the reporting requirements under the
Iowa industrial new jobs training Act.

Also: that the Senate has on March 17, 2003, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 97, a bill for an act relating to highway, aviation, motor vehicle
transportation and public transit, including regulation of junkyards along highways
and placement of political signs, elimination of the aviation hangar revolving loan
fund, applications for certificates of title by motor vehicle dealers, fees charged for
driver's licenses and nonoperator's identification cards and making an appropriation,
security interests in motor vehicles, charges financed in a motor vehicle retail
installment transaction, confidentiality of motor vehicle accident reports, requirements
for motor carrier safety rules, exemptions for certain motor vehicle operators from
motor carrier safety rules and hazardous materials transportation regulations, load
limits for vehicles transporting construction machinery, urban public transit funding,
and tariffs charged by motor carriers of household goods, and including effective and
retroactive applicability date provisions.

Also: that the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 119, a bill for an act relating to real estate appraiser certification.

Also: that the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:


Senate File 235, a bill for an act relating to professional licensing boards by
providing for the updating of continuing education and regulatory requirements to
include specified licensing boards, authorizing specified licensing boards to obtain
criminal history data relating to applicants for licensure and licensees, and authorizing
the collection of fees for related costs.

MICHAEL E. MARSHALL, Secretary

House File 453, a bill for an act relating to animal biotechnology
by creating an animal biotechnology commercialization fund,
extending the time period during which a life science enterprise may
purchase agricultural land, making appropriations, and providing an
effective date, was taken up for consideration.

Jenkins of Black Hawk offered amendment H-1042 filed by the
committee on appropriations as follows:

H-1042

1 Amend House File 453 as follows:
2 1. Page 1, by inserting after line 4 the
3 following:
4 "Sec. . Section 12E.12, subsection 1, paragraph
5 b, subparagraph (1), Code 2003, is amended to read as
6 follows:
7 (1) The tax-exempt bond proceeds restricted
8 capital funds account. The net proceeds of tax-exempt
9 bonds issued to provide funds for capital projects,
10 certain debt service, and attorney fees related to the
11 master settlement agreement which the state treasurer
12 is authorized and directed to deposit on behalf of the
13 state shall be deposited in the account and shall be
14 used to fund capital projects, certain debt service,
15 and the payment of attorney fees related to the master
16 settlement agreement. The funding of capital projects
17 may take the form of grants. With respect to capital
18 projects, it is the intent of the general assembly to
19 fund capital projects that qualify as vertical
20 infrastructure projects as defined in section 8.57,
21 subsection 5, paragraph "c", to the extent practicable
22 in any fiscal year and without limiting other
23 qualifying capital expenditures considered and
24 approved by a constitutional majority of each house of
25 the general assembly and the governor."
26 2. Page 2, by striking lines 17 through 19 and
27 inserting the following: "over a period of more than
28 one year."
29 3. By striking page 2, line 27, through page 3,
30 line 25, and inserting the following:

31 "Sec. ___. TAX-EXEMPT BOND PROCEEDS RESTRICTED
32 CAPITAL FUNDS ACCOUNT OF THE TOBACCO SETTLEMENT TRUST
33 FUND - APPROPRIATION.
34 1. There is appropriated from the tax-exempt bond
35 proceeds restricted capital funds account of the
36 tobacco settlement trust fund established in section
37 12E.12 to the department of economic development for
38 the fiscal period beginning July 1, 2002, and ending
39 June 30, 2005, the following amounts, or so much
40 thereof as is necessary, to be used for the purposes
41 designated:
42 a. For deposit in the animal biotechnology
43 commercialization fund created in section 15E.221 to
44 be used for purposes of projects described in section
45 15E.221, subsection 1, paragraph "b":
46 FY 2002-2003 $ 5,000,000
47 FY 2003-2004 $ 5,000,000
48 FY 2004-2005 $ 0
49 b. For deposit in the animal biotechnology
50 commercialization fund created in section 15E.221 to

Page 2

1 be used for purposes of projects described in section
2 15E.221, subsection 1, paragraph "c":
3 FY 2002-2003 $ 0
4 FY 2003-2004 $ 0
5 FY 2004-2005 $ 10,000,000
6 2. Any financial assistance awarded from the
7 animal biotechnology commercialization fund using
8 moneys from the appropriations made under this section
9 shall be in the form of grants.
10 3. Any moneys remaining in the fund from the
11 appropriations under this section that are unexpended
12 or unobligated on June 30, 2006, shall revert to the
13 tax-exempt bond proceeds restricted capital funds
14 account of the tobacco settlement trust fund on June
15 30, 2006.
16 Sec. ___. REBUILD IOWA INFRASTRUCTURE FUND -
17 APPROPRIATION.
18 1. There is appropriated from the rebuild Iowa
19 infrastructure fund created in section 8.57,
20 subsection 5, paragraph "a", to the department of
21 economic development for the fiscal period beginning
22 July 1, 2003, and ending June 30, 2005, the following
23 amounts, or so much thereof as is necessary, to be
24 used for the purposes designated:
25 a. For deposit in the animal biotechnology
26 commercialization fund created in section 15E.221 to
27 be used for purposes of projects described in section
28 15E.221, subsection 1, paragraph "a":
29 FY 2003-2004 $ 0

30 FY 2004-2005 $ 5,000,000
31 b. For deposit in the animal biotechnology
32 commercialization fund created in section 15E.221 to
33 be used for purposes of projects described in section
34 15E.221, subsection 1, paragraph "b":
35 FY 2003-2004 $ 5,000,000
36 FY 2004-2005 $ 0
37 2. Any financial assistance awarded from the
38 animal biotechnology commercialization fund using
39 moneys from the appropriations made under this section
40 shall be in the form of loans, forgivable loans, loan
41 guarantees, principal buy-downs, interest buy-downs,
42 equity-like investments, or cost reimbursement for
43 technical or professional management services. For
44 purposes of this subsection, "equity-like investments"
45 means the provision of assistance in such a manner
46 that the potential return on investment to the
47 provider varies according to the profitability of the
48 company assisted. "Equity-like investments" includes
49 royalty arrangements, warrant arrangements, or other
50 similar forms of investments. Repayments of principal

Page 3

1 and interest on loans made from the animal
2 biotechnology commercialization fund shall be
3 deposited in the rebuild Iowa infrastructure fund.
4 3. Any moneys remaining in the animal
5 biotechnology commercialization fund from the
6 appropriations under this section that are unexpended
7 or unobligated on June 30, 2006, shall revert to the
8 rebuild Iowa infrastructure fund on June 30, 2006."
9 4. By renumbering as necessary.

Fallon of Polk offered amendment H-1063, to the committee
amendment H-1042, filed by him from the floor and requested
division as follows:

H-1063

1 Amend the amendment, H-1042, to House File 453 as
2 follows:

H-1063A

3 1. Page 1, by inserting before line 2 the
4 following:
5 " . Page 1, by striking lines 1 through 4."


H-1063B

6 2. By striking page 1, line 26, through page 3,
7 line 8, and inserting the following:
8 " . By striking page 1, line 5, through page 4,
9 line 4, and inserting the following:
10 "Sec. ___. APPROPRIATIONS.
11 1. There is appropriated from the tax-exempt bond
12 proceeds restricted capital funds account of the
13 tobacco settlement trust fund established in section
14 12E.12 to the treasurer of state for the fiscal year
15 beginning July 1, 2003, and ending June 30, 2004, the
16 following amount, or so much as is necessary, to be
17 used for the purpose designated:
18 For deposit in the school infrastructure fund
19 created in section 12.82 for purposes of providing
20 financial assistance under the school infrastructure
21 program established in section 292.2:
22 $ 23,000,000
23 2. There is appropriated from the rebuild Iowa
24 infrastructure fund created in section 8.57,
25 subsection 5, paragraph "a", to the treasurer of state
26 for the fiscal year beginning July 1, 2003, and ending
27 June 30, 2004, the following amount, or so much as is
28 necessary, to be used for the purpose designated:
29 For deposit in the school infrastructure fund
30 created in section 12.82 for purposes of providing
31 financial assistance under the school infrastructure
32 program established in section 292.2:
33 $ 10,000,000""
34 3. By renumbering as necessary.

Fallon of Polk asked and received unanimous consent to
withdraw amendment H-1063A, to the committee amendment H-
1042.

Fallon of Polk asked and received unanimous consent that
amendment H-1062, to the committee amendment H-1042, be
deferred.

On motion by Fallon of Polk amendment H-1063B lost.

Lensing of Johnson offered the following amendment H-1055, to
the committee amendment H-1042, filed by Lensing, Murphy of
Dubuque and Kuhn of Floyd, from the floor, and moved its adoption:

H-1055

1 Amend the amendment, H-1042, to House File 453 as

2 follows:
3 1. Page 1, line 28, by inserting after the word
4 "year." the following: "A financial assistance award
5 shall not be granted unless the applicant submits a
6 business plan as part of the application for financial
7 assistance and the department approves the plan."

Amendment H-1055 lost.

Hogg of Linn offered the following amendment H-1061, to the
committee amendment H-1042, filed by him from the floor and moved
its adoption:

H-1061

1 Amend the amendment, H-1042, to House File 453 as
2 follows:
3 1. Page 1, line 28, by inserting after the word
4 "year." the following: "The department, in entering
5 into an agreement for a financial assistance award,
6 shall consider, as possible terms to the agreement,
7 obtaining a commitment from the business to retain all
8 business operations in the state of Iowa during the
9 ten years subsequent to receiving the financial
10 assistance and obtaining a commitment to create two
11 hundred new jobs during the two years after moneys
12 have been received."
13 2. Page 3, by striking line 4 and inserting the
14 following:
15 "3. A business receiving moneys from the animal
16 biotechnology commercialization fund using moneys from
17 the appropriations made under this section shall be
18 subject to repayment of all or a portion of the moneys
19 received if the business fails to create two hundred
20 new jobs during the two years after moneys have been
21 received or the business closes any operations or
22 moves any operations out of the state of Iowa within
23 ten years of receiving the financial assistance. The
24 department and a business shall enter into an
25 agreement specifying the method for determining the
26 amount of moneys which will be repaid in the event of
27 any occurrence described in this subsection.
28 4. Any moneys remaining in the animal".
29 3. By renumbering as necessary.

Amendment H-1061 lost.


Whitaker of Van Buren offered the following amendment H-1058,
to the committee amendment H-1042, filed by him from the floor and
moved its adoption:

H-1058

1 Amend the amendment, H-1042, to House File 453 as
2 follows:
3 1. Page 2, line 42, by striking the words "equity-
4 like investments,".
5 2. Page 2, by striking lines 43 through 50 and
6 inserting the following: "technical or professional
7 management services. Repayment of principal".

Amendment H-1058 lost.

Hogg of Linn offered the following amendment H-1059, to the
committee amendment H-1042, filed by him from the floor and moved
its adoption:

H-1059

1 Amend the amendment, H-1042, to House File 453 as
2 follows:
3 1. Page 3, by inserting after line 3 the
4 following:
5 " . On a date determined by the department, a
6 recipient of moneys from the animal biotechnology
7 commercialization fund under this section shall report
8 to the department the number of jobs created by the
9 recipient during the two years after moneys have been
10 received. The department shall calculate a jobs-
11 created product by multiplying the number of jobs
12 created times fifty thousand dollars. A recipient
13 shall refund to the department any amount equal to the
14 financial assistance award received by the recipient
15 under this section minus the jobs-created product
16 calculated by the department. A refund shall not
17 exceed the amount of money received from the state of
18 Iowa or the department since January 1, 2003."
19 2. By renumbering as necessary.

Amendment H-1059 lost.

Winckler of Scott offered the following amendment H-1056, to the
committee amendment H-1042, filed by Winckler, Kuhn of Floyd, and
Lensing of Johnson from the floor and moved its adoption:


H-1056

1 Amend the amendment, H-1042, to House File 453 as
2 follows:
3 1. Page 3, by striking line 4 and inserting the
4 following:
5 "3. a. A business receiving moneys from the
6 animal biotechnology commercialization fund using
7 moneys from the appropriations made under this section
8 shall be subject to repayment of all or a portion of
9 the moneys received if any of the following occur:
10 (1) The recipient fails to pay a median wage for
11 hourly, nonmanagement employees working at a new
12 project facility of at least fifteen dollars per hour.
13 (2) The recipient fails to provide at least eighty
14 percent of the cost of a standard medical and dental
15 insurance plan for all full-time employees working at
16 a new project facility.
17 (3) The recipient closes any of its project
18 facilities within the state prior to or after
19 receiving moneys or experiences a layoff within the
20 state prior to or after receiving the moneys.
21 b. The department and a business shall enter into
22 an agreement specifying the method for determining the
23 amount of moneys which will be repaid in the event of
24 any occurrence described in paragraph "a".
25 4. Any moneys remaining in the animal".

Amendment H-1056 lost.

Hogg of Linn offered the following amendment H-1060, to the
committee amendment H-1042, filed by him from the floor and moved
its adoption:

H-1060

1 Amend the amendment, H-1042, to House File 453 as
2 follows:
3 1. Page 3, by striking line 4 and inserting the
4 following:
5 "3. a. A corporate recipient of moneys from the
6 animal biotechnology commercialization fund using
7 moneys from the appropriations made under this section
8 shall report to the department the amount of total
9 compensation provided to each officer and director of
10 the corporation by January 31 of each year for the
11 previous calendar year. "Compensation" includes but
12 is not limited to wages, the fair market value of
13 benefits, and the fair market value of stock options.
14 A corporate recipient shall refund to the department

15 fifty cents for every dollar of compensation in excess
16 of two hundred fifty thousand dollars provided to an
17 officer or director. A refund shall not exceed the
18 amount of money received from the state of Iowa or the
19 department since January 1, 2003. A corporate
20 recipient shall make reports and refunds as provided
21 in this subsection for each calendar year through and
22 including calendar year 2007.
23 4. Any moneys remaining in the animal".

Amendment H-1060 lost.

Jenkins of Black Hawk asked and received unanimous consent to
withdraw amendment H-1052, to the committee amendment H-1042,
filed by him on March 13, 2003.

Fallon of Polk offered the following amendment H-1062, previously
deferred, to the committee amendment H-1042, filed by him from the
floor and moved its adoption:

H-1062

1 Amend the amendment, H-1042, to House File 453 as
2 follows:
3 1. Page 1, by inserting after line 25 the
4 following:
5 " . Page 2, by striking lines 2 through 14."
6 2. Page 1, line 28, by inserting after the word
7 "year." the following: "A business shall not receive
8 more than three million dollars from the fund during
9 the existence of the fund."
10 3. By renumbering as necessary.

Amendment H-1062 lost.

On motion by Hoffman of Crawford the committee amendment H-
1042 was adopted.

Kuhn of Floyd offered the following amendment H-1046 filed by
Thomas of Clayton and Hoffman of Crawford and moved its adoption:

H-1046

1 Amend House File 453 as follows:
2 1. Page 2, by inserting after line 1 the
3 following:
4 "2A. Any financial assistance received from the
5 fund shall not be used for purposes of purchasing

6 agricultural land."
7 2. By renumbering as necessary.

Amendment H-1046 was adopted.

Boal of Polk in the chair at 4:54 p.m.

Speaker Rants in the chair at 5:03 p.m.

Hoffman of Crawford 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. 453)

The ayes were, 83:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Dandekar Davitt Dennis Dix
Dolecheck Drake Eichhorn Elgin
Ford Freeman Frevert Gaskill
Gipp Granzow Greiner Hahn
Hansen Hanson Heaton Heddens
Hoffman Horbach Huseman Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lukan Lykam Maddox
Manternach Mascher Mertz Miller
Murphy Myers Oldson Olson, D.
Olson, S. Osterhaus Paulsen Petersen
Quirk Raecker Rasmussen Rayhons
Reasoner Roberts Sands Schickel
Smith Stevens Struyk Thomas
Tjepkes Tymeson Upmeyer Van Fossen, J.K.
Van Fossen, J.R. Watts Wendt Whitead
Wilderdyke Wise Mr. Speaker
Rants

 


The nays were, 15:
Connors De Boef Fallon Foege
Greimann Hogg Hunter Huser
Lensing McCarthy Shoultz Swaim
Taylor, D. Whitaker Winckler

 




Absent or not voting, 2:
Taylor, T. Van Engelenhoven

 


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

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
March 17, 2003, passed the following bill in which the concurrence of the Senate was
asked:

House File 311, a bill for an act modifying the duties of county recorders.

Also: That the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 3, a bill for an act relating to the inclusion of certain information in a
termination of pregnancy report.

Also: That the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 173, a bill for an act authorizing school districts to deduct and pay fees
for membership in not-for-profit professional education associations.

Also: That the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 203, a bill for an act relating to the installation of certain aboveground
petroleum storage tanks.

Also: That the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 221, a bill for an act relating to the criminal offense of sexual
exploitation of a minor.

Also: That the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 224, a bill for an act relating to appeals filed in child in need of
assistance and termination of parental rights proceedings.

Also: That the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:


Senate File 230, a bill for an act relating to the procedure for reducing the number
of members of a city council from five to three in certain cities.

Also: That the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 236, a bill for an act relating to the time periods that unclaimed
demutualization proceeds and wages are presumed to be abandoned and providing an
effective date.

Also: That the Senate has on March 17, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 272, a bill for an act relating to conflicts of interest in public contracts.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGES

Klemme of Plymouth asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 380 and 453.

House File 386, a bill for an act relating to the department of
elder affairs including provisions relating to the elder Iowans Act,
was taken up for consideration.

Upmeyer of Hancock 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. 386)

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Fallon Foege
Ford Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Hunter Huseman Huser Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rasmussen Rayhons Reasoner Roberts
Sands Schickel Shoultz Smith
Stevens Struyk Swaim Taylor, D.
Thomas Tjepkes Tymeson Upmeyer
Van Fossen, J.K. Van Fossen, J.R. Watts Wendt
Whitaker Whitead Wilderdyke Winckler
Wise Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 2:
Taylor, T. Van Engelenhoven

 


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

House File 392, a bill for an act relating to economic growth
strategic planning, was taken up for consideration.

Wilderdyke of Harrison 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. 392)

The ayes were, 97:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Foege Ford
Freeman Frevert Gaskill Gipp
Granzow Greimann Greiner Hahn
Hansen Hanson Heaton Heddens
Hoffman Hogg Horbach Hunter
Huseman Huser Hutter Jacobs
Jenkins Jochum Jones Klemme
Kramer Kuhn Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach Mascher McCarthy Mertz
Miller Murphy Myers Oldson
Olson, D. Olson, S. Osterhaus Paulsen
Petersen Quirk Raecker Rasmussen
Rayhons Reasoner Roberts Sands
Schickel Shoultz Smith Stevens
Struyk Swaim Taylor, D. Thomas
Tjepkes Tymeson Upmeyer Van Fossen, J.K.
Van Fossen, J.R. Watts Wendt Whitaker
Whitead Wilderdyke Winckler Wise
Mr. Speaker
Rants

 


The nays were, 1:
Fallon

 


Absent or not voting, 2:
Taylor, T. Van Engelenhoven

 


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

IMMEDIATE MESSAGES

Klemme of Plymouth asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 386 and 392.

House File 390, a bill for an act relating to economic development
programs for targeted small businesses, was taken up for
consideration.

Boggess of Page 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. 390)

The ayes were, 96:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Fallon Foege
Ford Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Hunter Huseman Huser Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kurtenbach Lalk
Lensing Lukan Lykam Maddox
Manternach Mascher McCarthy Mertz
Miller Murphy Myers Oldson
Olson, D. Olson, S. Osterhaus Paulsen
Petersen Quirk Raecker Rasmussen
Rayhons Reasoner Roberts Sands
Schickel Shoultz Smith Stevens
Struyk Swaim Taylor, D. Thomas
Tjepkes Tymeson Upmeyer Van Fossen, J.K.
Van Fossen, J.R. Watts Wendt Whitaker
Wilderdyke Winckler Wise Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 4:
KuhnTaylor, T.Van EngelenhovenWhitead

 


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

House File 389, a bill for an act for miscellaneous technical and
substantive changes relating to controlled and precursor substances,
was taken up for consideration.

Upmeyer of Hancock 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. 389)

The ayes were, 98:
Alons Arnold Baudler Bell
Berry Boal Boddicker Boggess
Bukta Carroll Chambers Cohoon
Connors Dandekar Davitt De Boef
Dennis Dix Dolecheck Drake
Eichhorn Elgin Fallon Foege
Ford Freeman Frevert Gaskill
Gipp Granzow Greimann Greiner
Hahn Hansen Hanson Heaton
Heddens Hoffman Hogg Horbach
Hunter Huseman Huser Hutter
Jacobs Jenkins Jochum Jones
Klemme Kramer Kuhn Kurtenbach
Lalk Lensing Lukan Lykam
Maddox Manternach Mascher McCarthy
Mertz Miller Murphy Myers
Oldson Olson, D. Olson, S. Osterhaus
Paulsen Petersen Quirk Raecker
Rasmussen Rayhons Reasoner Roberts
Sands Schickel Shoultz Smith
Stevens Struyk Swaim Taylor, D.
Thomas Tjepkes Tymeson Upmeyer
Van Fossen, J.K. Van Fossen, J.R. Watts Wendt
Whitaker Whitead Wilderdyke Winckler
Wise Mr. Speaker
Rants

 


The nays were, none.

Absent or not voting, 2:
Taylor, T. Van Engelenhoven

 


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

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 389 and 390.

HOUSE FILE 213 REREFERRED

The Speaker announced that House File 213, previously referred
to committee on appropriations was placed on the calendar.

HOUSE FILE 502 REFERRED

The Speaker announced that House File 502, presently placed on
the calendar was referred to committee on commerce, regulation
and labor.


HOUSE FILE 576 REREFERRED

The Speaker announced that House File 576, previously referred
to committee on ways and means was placed on the calendar.

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

2003\770 Annemarie Scheiding, Marshalltown - For celebrating her 84th
birthday.

2003\771 Ruth and Jim Clancy, Dubuque - For celebrating their 50th wedding
anniversary.

2003\772 Jan and Jim Stierman, Dubuque - For celebrating their 50th
wedding anniversary.

2003\773 Carol and Ron Brayton, Dubuque - For celebrating their 50th
wedding anniversary.

2003\774 Max and Janet Sylvester, Webster City - For celebrating their 50th
wedding anniversary.

2003\775 Don and Darlene Best, Webster City - For celebrating their 50th
wedding anniversary.

2003\776 Helen Vrbsky, Farragut - For celebrating her 90th birthday.

2003\777 Evert and Cornie Van Westen, George - For celebrating their 63rd
wedding anniversary.

2003\778 Deb Remmerde, Rock Valley - For being chosen as the Class 1-A
Girls' All State Basketball Team for her third title and also for the
state scoring record of 2,756 points.

2003\779 Coach Preston Kooima and the Rock Valley Rockets, Rock Valley -
For their third consecutive 1-A Girls' Basketball State Tournament
win.

2003\780 Erica Schlotfeldt, Rock Valley - For being selected for the All-State
Girls' Basketball Second Team.

2003\781 Kristen Klaassen, Rock Valley - For being selected for the All-State
Girls' Basketball Third Team.


2003\782 Paul Braden, Winthrop - For celebrating his 80th birthday.

2003\783 Clair Reiling, Winthrop - For celebrating her 90th birthday.

2003\784 Leonard and Pauline Benton, Dallas Center - For celebrating their
55th wedding anniversary.

2003\785 Clarence Luke, Waukee - For celebrating his 96th birthday.

2003\786 Edith Slatten, Adel - For celebrating her 93rd birthday.

2003\787 Don Thompson, Waterloo - For celebrating his 80th birthday.

2003\788 Virgil and Marie Redding, Kellogg - For celebrating their 65th
wedding anniversary.

2003\789 Lewis and Barb Hartgers, Newton - For celebrating their 50th
wedding anniversary.

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 HUMAN RESOURCES

House File 22, a bill for an act relating to the awarding of joint physical care of a
child.

Fiscal Note is not required.

Recommended Do Pass March 13, 2003.

Committee Bill (Formerly House File 320), relating to child abuse reporting by
providing for a report to be made to a local law enforcement agency for an initial
response.

Fiscal Note is not required.

Recommended Amend and Do Pass March 13, 2003.

House File 457, a bill for an act expanding requirements for the transition of an
individual from the child welfare services system to adulthood.

Fiscal Note is not required.

Recommended Do Pass March 13, 2003.

RESOLUTIONS FILED

HR 30, by Heaton, a resolution requesting the transition planning
group established by the Department of Human Services to complete
deliberations and deliver a final report prior to adjournment of the
Eightieth General Assembly, 2003 Regular Session.

Laid over under Rule 25.

HR 31, by Alons, Mertz, Struyk, Huseman, Rayhons, Greimann,
Wilderdyke, Jones, Greiner, Whitaker, Hutter, Lukan, Lalk, Roberts,
De Boef, Schickel, Boggess, Miller, Gaskill, Heddens, Sands,
Eichhorn, D. Hanson, D. Olson, Frevert, and Reasoner, a resolution
honoring the Iowa State University of Science and Technology
Extension for 100 years of service to Iowa.

Laid over under Rule 25.

HR 32, by Winckler, a resolution requesting the government
oversight committee to study nurse staffing levels and mandatory
overtime practices involving nurses.

Laid over under Rule 25.

AMENDMENTS FILED

H-1054 H.F. 549 Winckler of Scott
H-1057 H.F. 533 Kurtenbach of Story
H-1064 H.F. 391 Wise of Lee
Jenkins of Black Hawk
H-1065 H.F. 481 Mascher of Johnson
H-1066 H.F. 549 Mascher of Johnson
H-1067 H.F. 549 Mascher of Johnson
H-1068 H.F. 602 Greiner of Washington
H-1069 H.F. 557 Smith of Marshall
H-1070 H.F. 472 Upmeyer of Hancock
H-1071 H.F. 548 Horbach of Tama
H-1072 H.F. 472 Upmeyer of Hancock

On motion by Speaker Rants, the House adjourned at 5:55 p.m.,
until 8:45 a.m., Tuesday, March 18, 2003.


Previous Day: Friday, March 14Next Day: Tuesday, March 18
Senate Journal: Index House Journal: Index
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