House Journal: Wednesday, April 9, 2003
JOURNAL OF THE HOUSE
Eighty-seventh Calendar Day - Sixty-second Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 9, 2003
The House met pursuant to adjournment at 8:45 a.m., Speaker
Rants in the chair.
Prayer was offered by Reverend Nick Adam, pastor of St.
Alphonsus Catholic Church, Mt. Pleasant. He was the guest of
Representative Dave Heaton of Henry County.
The Journal of Tuesday, April 8, 2003 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Speaker Rants.
Prior to convening the House was entertained by the Okoboji High
School Jazz Band. They were the guests of Representative Greg
Stevens from Dickinson County.
INTRODUCTION OF BILLS
House File 669, by committee on ways and means, a bill for an
act relating to the requirements for receiving a property tax
exemption for open prairies and wildlife habitats and including an
applicability date provision.
Read first time and placed on the ways and means calendar.
House File 670, by committee on ways and means, a bill for an
act relating to the Iowa probate code, including provisions relating to
state inheritance, gift taxes, and trusts and including an applicability
date provision.
Read first time and placed on the ways and means calendar.
House File 671, by committee on ways and means, a bill for an
act relating to the recycling property exemption from property tax
and including an applicability date.
Read first time and placed on the ways and means 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 8, 2003, passed the following bill in which the concurrence of the Senate was
asked:
House File 623, a bill for an act relating to registration with the United States
selective service system by application for a driver's license or nonoperator's
identification card or for renewal of a driver's license or nonoperator's identification
card.
Also: That the Senate has on April 8, 2003, passed the following bill in which the
concurrence of the Senate was asked:
House File 652, a bill for an act relating to and making transportation and other
infrastructure-related appropriations to the state department of transportation,
including allocation and use of moneys from the road use tax fund and the primary
road fund, and providing for the nonreversion of certain moneys.
Also: That the Senate has on April 8, 2003, amended and passed the following bill
in which the concurrence of the House is asked:
House File 655, a bill for an act relating to and making appropriations to certain
state departments, agencies, funds, and certain other entities, providing for regulatory
authority, and other properly related matters.
Also: That the Senate has on April 8, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 300, a bill for an act relating to the registration and regulation of off-
highway vehicles, providing fees, and making penalties applicable.
Also: That the Senate has on April 8, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 384, a bill for an act relating to the taxation of activities involving out-
of-state qualified state tuition programs and including effective and retroactive
applicability date provisions.
Also: That the Senate has on April 8, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 393, a bill for an act relating to the agricultural development authority
by providing for its organization and administration.
Also: That the Senate has on April 8, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 405, a bill for an act relating to the authority of a city to acquire equity
interests in business entities for the purpose of participating in electric energy
transmission service.
Also: That the Senate has on April 8, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 422, a bill for an act relating to the criminal sentencing and procedure
by modifying the penalties for certain offenses related to controlled substances, by
creating a criminal offense of robbery in the third degree, modifying dissemination of
sex offender registry information and residence restrictions for a sex offender,
repealing certain determinate sentences, changing the parole and work release
eligibility of a person serving a sentence that requires a maximum accumulation of
earned time credits of fifteen percent of the total term of confinement and by
permitting the reopening of such a sentence, providing a penalty, and providing an
effective date.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGES CONSIDERED
Senate Joint Resolution 4, by M. Kramer, a joint resolution
proposing redesign of the Medicaid system.
Read first time and referred to committee on human resources.
Senate File 260, by Larson, a bill for an act relating to certain
leaves of absence for local civil service employees and providing for
the Act's applicability.
Read first time and referred to committee on local government.
Senate File 393, by committee on agriculture, a bill for an act
relating to the agricultural development authority by providing for its
organization and administration.
Read first time and referred to committee on agriculture.
Senate File 439, by committee on appropriations, a bill for an act
relating to and making appropriations to the justice system and
providing an effective date.
Read first time and referred to committee on appropriations.
On motion by Gipp of Winneshiek, the House was recessed at 9:03
a.m., until 2:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:04 p.m., Speaker Rants in the chair.
COMMITTEE TO NOTIFY THE SENATE
Greiner of Washington moved that a committee of four be
appointed to notify the Senate that the House was ready to receive it
in joint convention.
The motion prevailed and the Speaker appointed as such
committee Alons of Sioux, Lykam of Scott and Mertz of Kossuth.
Greiner of Washington, chair of the committee appointed to notify
the Senate that the House was ready to receive it in joint convention,
reported the committee had performed its duty. The report was
received and the committee discharged.
The Sergeant-at-Arms announced the arrival of the President of
the Senate, the Secretary of the Senate and the honorable body of the
Senate.
The President was escorted to the Speaker's station and the
members of the Senate were seated in the House chamber.
JOINT CONVENTION
PIONEER LAWMAKERS
FIFTY-SEVENTH BIENNIAL SESSION
In accordance with House Concurrent Resolution 9 duly adopted,
the joint convention was called to order, President Kramer presiding.
President Kramer announced a quorum present and the joint
convention duly organized.
Iverson of Wright moved that a committee of eight be appointed to
escort the Pioneer Lawmakers into the House chamber.
The motion prevailed and the President appointed as such
committee Boettger of Shelby, Putney of Tama, Courtney of Des
Moines and Connolly of Dubuque on the part of the Senate, and
Greiner of Washington, Alons of Sioux, Lykam of Scott and Mertz of
Kossuth on the part of the House.
The committee escorted the Pioneer Lawmakers into the House
chamber.
President Kramer presented Senator Angelo, President pro
tempore of the Senate, who welcomed the Pioneer Lawmakers on
behalf of the Senate.
President Kramer presented Representative Christopher Rants,
Speaker of the House, who welcomed the Pioneer Lawmakers on
behalf of the House.
President Kramer presented the Honorable Richard F. Drake,
member of the House who responded to the welcome.
The Honorable Richard F. Drake announced the 1983 class of
legislators who were eligible to become members of the Pioneer
Lawmakers.
Honorary members of the 2003 class were the following:
Elizabeth (Liz) Isaacson, Dennis Prouty, David Scott, John (Jack)
Soener, Robert (Bob) Schulz and William (Bill) Wimmer.
The Honorable Richard F. Drake presented the Director of the
Department of Economic Development, Michael Blouin, who
addressed the joint convention as follows:
This has got to be from Cal Hultman. Those who can't see this, it's a fish drawn on a
piece of paper. Cal and I, years ago used to go at it in committees and on the floor and
one time he cornered me and he said "you know you're making that argument so often
it's starting to smell like dead fish." And from that point on, you have to know me; I
did make the arguments quite often. From that point on Cal and I used to slip each
other a fish when we got tired of listening to what the other was saying.
Cal, I haven't said a word yet and you're already giving me a fish.
This is a very heady place to stand. I am deeply honored to be here. One of your
previous speakers from a few years ago mentioned to me the other day when he heard I
was going to speak that it was a great opportunity. All the old folks start stumbling
back in here limping down the isle and reminiscing about how great things were. And
I said to myself, you know, I'm one of those old folks. And I'm not limping yet.
Although by the time this session is over I might well be.
It is an honor honestly to be here, to be asked to be a speaker to this assembly. When
Senator Drake invited me several weeks ago I assumed it was just to give a few
comments at the luncheon. I had no idea until later that it was an invitation to speak
to this joint session. And I was first humbled and secondly scared because there is,
frankly, nothing more petrifying than to attempt to speak to former colleagues and
peers. Especially when I realize that those so many years ago, we all may have been
colleagues, but I was far from a peer.
As some of you might recall I was the ripe old age of twenty-two when I was first
elected and twenty-three when I took that first oath of office. I was so wet behind the
ears; I didn't even know I was wet behind the ears. And to this day, it still amazes me
that the people of Dubuque were so willing to take a chance on someone this young.
And not only young, but Dubuque had the reputation as being somewhat provincial
and I wasn't even a native. Yet, they sent me here anyway. Probably to get me out of
town.
I spent the six shortest years of my life in this beautiful building. Short because the
time just flew by. This building where the past meets up with the present and always
seems to create reasons for hope for the future.
My memories of those years are too many and for some, probably too boring to relate to
you in total, but I'd like to try to share some of those thoughts with you anyway. And
share them in no particular order.
When I first arrived here I was so naive, I actually thought I could live well on the pay
that we were given. Forty dollars a day including expenses for a hundred days, not a
day more and one round trip home a year at ten cents a mile. It was the best reason
that I could think of for being from Dubuque. A 400 mile round trip equaled forty
dollars and it was like receiving another day of session pay free. I soon realized how
poor I was and when the session ended, the realities became clearer.
As a Catholic schoolteacher my job was gone as of January and I had to find other
work. We adjourned, if I remember rightly that year, May 23, 1969. The earliest exit
of our years here and two days later our twin daughters were born. And life changed
again. But as tough as we thought things were then and to our own circumstances,
they were nothing compared to the problems that others who came those same years
faced in their own situations. People who came here with successful business only to
see their client base erode as the weeks of absence from home began to take a toll on
their business. Some actually lost their companies in just a few years of serving the
same people that they were trying to represent and serving them, frankly, for peanuts.
1968 some of you might recall was the year of the constitutional amendments. Annual
sessions were approved, annual salaries and expenses, restructuring and resizing of
the legislature to one hundred members of the House and fifty members of the Senate
and home rule was approved for our cities and towns that year. We acted quickly in
those days and implemented the major changes mandated by our fellow Iowans and
became known nationally as one of the most progressive legislatures in the country. As
some of you might recall, I quickly earned the well-deserved reputation as someone
who would enter nearly any debate for almost any reason. Single-handedly adding
days to the length of each session.
In 1970, on one occasion, on the occasion actually of our daughter's birthday, we
brought them to the floor for a look-see. One of them grabbed the microphone and
began gabbing away, prompting the Speaker of the House Bill Harbor, at that point, to
comment that they clearly were their fathers daughters.
Suzanne and I developed many lasting friendships from our six years here. And we
gained some valuable life lessons as well. I gained a lot of insight into the geniuses of
personal beliefs and personal feelings from guys like Senator George Milligan on the
abortion issues. George and I came at it from very different sides, but both of us, in
talking about it, learned that our beliefs were deeply rooted in our own personal faith.
I learned about the deep seated integrity of legislators who put their jobs here ahead of
their personal business, their own personal wealth. Most vividly taught to me by two
guys in the Senate, Gene Kennedy and Chuck Laferty.
I learned to argue with Cal Hultman over committee during the day and at night spend
a lot of time playing bridge without any sign of the clash that took place just hours
before.
I watched Bill Gannon and Grumpy Fisher sit across the aisle from each other and
fight like two mad cats. Yet wink when it was over like they were family.
I watched Dewey Good who sat over here and was a throw back from the turn of the
century who was as street smart and as savvy a legislator as there was. Changed
minds in the heat of a debate with fewer words than anyone in the chamber.
I learned also what it meant to really be in the minority. As I recall, our hundred plus
House members had only twenty-four of us who were democrats and we were so few
that one particular day the House passed three bills while we were in caucus before
they realized we were gone. Bill Harbor ruled that it was in order and Bill Kendrick,
the Clerk of the House, found a rule somewhere that backed him up.
Back in those days neither chamber was air conditioned and tools like funnels hadn't
been invented yet. So sessions would last well into June. And things would get rather
heated, both figuratively and literally. Well, the Senate had a coat rule. Members
were required to wear a coat whenever the Senate was in session. I was never one to
really follow rules and wasn't really good at doing what I was told. So, one particular
day, with the help of some misguided and almost unemployed pages, I made my own
coat out of a copy of the Des Moines Register. Art Neu was Lieutenant Governor and
was sitting in the chair and when I walked in I'd never seen him get so angry so quick.
The coat disappeared, never to be seen again and the only comment I heard afterwards
was from someone to the effect that it was the preferred use for that paper. I don't
believe that anymore if anybody's listening.
Those years came and went all too fast. In the midst of rather extensive change of the
state. They were learning years for me. They contributed greatly to my ability to find
gainful employment in the years ahead and to a great degree those years helped me
become the person that I am today, good or bad. And for that I am personally,
extremely grateful. Politics is an honorable profession, an honorable calling and let no
one tell you anything different. It's filled with honorable people, men and women who
clearly are not in it for the money, but who truly wish to make Iowa an ever better
place to live. We are fortunate; you and I, each one for being able to call this beautiful
land our home. Some by birth, some by chance, all by choice.
I've had an over forty year long love affair with this place. In my brief time on this
earth, I've had the opportunity to visit all fifty states and over three dozen countries.
Honestly, I can find some reason why I'd be able to live, even enjoy living, in every one
of those places. But nothing compares to Iowa. And I often find myself asking why,
what is it that makes Iowa, in at least my mind, so special. It's not the winters, which
can be brutal, but at the same time, can be incredibly beautiful. It's not the summers
which can be hot as an oven, yet as inviting as any place on earth I've ever been. And
we don't have the mountains and oceans of a lot of states. So what is it? Why do I love
this place so much? I've come to believe that it's the people. The genius of those who
call Iowa their home. It's the concern we share for one another, for our past, our
present, our future. It's the care we share for the land and for all our natural
resources. And it's the way we dig in and fight for what we believe in. How we can
stand touching noses, as Meredith Wilson said, for a week at a time and never see eye
to eye. He had to have this place in mind when he wrote those words. While at the
same time each of us will put out our hearts, our souls, our own possessions to lend a
hand to anyone in need. It's no wonder why groups like United Way set records year
after year all across Iowa. We're a people of faith, diverse faiths who seek guidance
each in our own way and who try to live our lives in response to the guidance we
receive. We're a people of hope who, while playing to the past, reach out to the future
with the knowledge that somehow, some way, what lies ahead of us will be better than
what has already come. We're people of love who care deeply about our country, our
state, our family, our friends, our neighbors and our God. All this is what I believe
brought all of you to public service. You care about what happens in your collective
careers. And in your collective caring you care about what happens to Iowa, because
Iowa is a treasure worth preserving.
All this is what brought this current legislature together this January. To deal with
some of the toughest issues this state may ever face. And to do it in the most bi-
partisan fashion I've ever seen in my thirty-five years of following this process. All this
is what allowed me to say yes to the governor when he called this past winter and
asked me to head up the Department of Economic Development. It wasn't sanity, it
was a belief in this state. And a desire to want to make a difference.
The problems we face as a people are huge. But the spirit of Iowa, Republicans and
Democrats, rural and urban, east, west, north, south, will lead us to solutions which
will make life better for all of us and our children. Why do I believe this? Because we
always have and we always will. It's what we do best as Iowans.
Gipp of Winneshiek moved the joint session dissolve at 2:40 p.m.
The House stood at ease at 2:40 p.m., until the fall of the gavel.
The House resumed session at 2:56 p.m., Speaker Rants in the
chair.
INTRODUCTION OF BILLS
House File 672, by committee on appropriations, a bill for an act
relating to the regulation of adult day services, providing for
appropriations and penalties, and providing an effective date.
Read first time and placed on the appropriations calendar
House File 673, by Freeman, a bill for an act providing for
limitations on the liability of guest farms.
Read first time and referred to committee on agriculture.
SENATE MESSAGES CONSIDERED
Senate File 300, by Rehberg, a bill for an act relating to the
registration and regulation of off-highway vehicles, providing fees,
and making penalties applicable.
Read first time and referred to committee on ways and means.
Senate File 384, by committee on education, a bill for an act
relating to the Iowa education savings plan trust and to the taxation
of activities involving out-of-state qualified state tuition programs
and including effective and retroactive applicability date provisions.
Read first time and referred to committee on ways and means.
Senate File 405, by committee on commerce, a bill for an act
relating to the authority of a city to acquire equity interests in
business entities for the purpose of participating in electric energy
transmission service.
Read first time and referred to committee on commerce,
regulation and labor.
Senate File 422, by committee on judiciary, a bill for an act
relating to the criminal sentencing and procedure by modifying the
penalties for certain offenses relating to controlled substances,
modifying dissemination of sex offender registry information and
residence restrictions for a sex offender, repealing certain
determinate sentences, changing the parole and work release
eligibility of a person serving a sentence that requires a maximum
accumulation of earned time credits of fifteen percent of the total
term of confinement and by permitting the reopening of such a
sentence, providing a penalty, and providing an effective date.
Read first time and passed on file.
The House stood at ease at 2:58 p.m., until the fall of the gavel.
The House resumed session at 5:04, Klemme of Plymouth in the
chair.
INTRODUCTION OF BILLS
House File 674, by committee on ways and means, a bill for an
act relating to income tax deductions and exemptions for military
service personnel and organizations, and including effective and
applicability date provisions.
Read first time and placed on the ways and means calendar.
House File 675, by committee on appropriations, a bill for an act
relating to the regulation of elder family homes, elder group homes,
and assisted living programs, providing for appropriation of fees, and
providing penalties.
Read first time and placed on the appropriations calendar.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-two members present,
twenty-eight absent.
CONSIDERATION OF BILLS
Regular Calendar
House File 597, a bill for an act relating to conflicts of interest in
public contracts, was taken up for consideration.
SENATE FILE 272 SUBSTITUTED FOR HOUSE FILE 597
Schickel of Cerro Gordo asked and received unanimous consent to
substitute Senate File 272 for House File 597.
Senate File 272, a bill for an act relating to conflicts of interest in
public contracts, was taken up for consideration.
Schickel of Cerro Gordo 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. 272)
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 |
|
Hogg | Horbach | Hunter | Huseman |
|
Huser | Hutter | Jacobs | Jenkins |
|
Jochum | Jones | Kramer | Kuhn |
|
Kurtenbach | Lalk | Lensing | Lukan |
|
Lykam | Maddox | Manternach | Mascher |
|
McCarthy | Mertz | Miller | Murphy |
|
Oldson | Olson, D. | Olson, S. | Osterhaus |
|
Paulsen | Petersen | Quirk | Raecker |
|
Rants, Spkr. | Rasmussen | Rayhons | Reasoner |
|
Roberts | Sands | Schickel | Shoultz |
|
Smith | Stevens | Struyk | Swaim |
|
Taylor, D. | Taylor, T. | Thomas | Tjepkes |
|
Tymeson | Upmeyer | Van Engelenhoven | Van Fossen, J.K. |
|
Van Fossen, J.R. | Watts | Wendt | Whitaker |
|
Whitead | Wilderdyke | Winckler | Wise |
|
Klemme, |
|
Presiding |
|
The nays were, none.
|
Absent or not voting, 3:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 597 WITHDRAWN
Schickel of Cerro Gordo asked and received unanimous consent to
withdraw House File 597 from further consideration by the House.
Appropriations Calendar
Senate File 433, a bill for an act relating to and making
appropriations to the department of economic development, certain
board of regents institutions, department of workforce development,
and the public employment relations board and related matters, with
report of committee recommending passage, was taken up for
consideration.
Wendt of Woodbury asked and received unanimous consent to
withdraw amendment H-1235 filed by Wendt of Woodbury, et al., on
April 2, 2003.
Thomas of Clayton asked and received unanimous consent to
withdraw amendment H-1264 filed by him on April 3, 2003, placing
out of order amendment H-1303 filed by Shoultz of Black Hawk and
Jochum of Dubuque from the floor.
Struyk of Pottawattamie asked and received unanimous consent to
withdraw amendment H-1276 filed by him on April 4, 2003.
Boggess of Page offered amendment H-1290 filed by Boggess, et
al., as follows:
H-1290
1 Amend Senate File 433, as passed by the Senate, as
2 follows:
3 1. Page 5, by inserting after line 28 the
4 following:
5 "1A. Of the moneys appropriated in subsection 1,
6 Iowa state university shall allocate at least $550,000
7 for purposes of funding small business development
8 centers. Small business development centers shall be
9 located equally throughout the different regions of
10 the state. Iowa state university may allocate moneys
11 appropriated in subsection 1 to the various small
12 business development centers in any manner necessary
13 to achieve the purposes of this subsection."
14 2. By renumbering as necessary.
Greimann of Story offered the following amendment H-1296, to
amendment H-1290, filed by Greimann, Heddens of Story, Lensing of
Johnson, Mertz of Kossuth and Davitt of Warren from the floor and
moved its adoption:
H-1296
1 Amend the amendment, H-1290, to Senate File 433 as
2 passed by the Senate as follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 5, by striking line 27 and inserting
6 the following:
7 " $ 2,500,064""
Roll call was requested by Myers of Johnson and T. Taylor of Linn.
On the question "Shall amendment H-1296 to amendment H-1290
be adopted?" (S.F. 433)
The ayes were, 45:
|
Bell | Berry | Bukta | Cohoon |
|
Connors | Davitt | Foege | Ford |
|
Frevert | Gaskill | Greimann | Heddens |
|
Hogg | Hunter | Huser | Jochum |
|
Kuhn | Kurtenbach | Lensing | Lykam |
|
Mascher | McCarthy | Mertz | Miller |
|
Murphy | Myers | Oldson | Olson, D. |
|
Osterhaus | Petersen | Quirk | Reasoner |
|
Shoultz | Smith | Stevens | Struyk |
|
Swaim | Taylor, D. | Taylor, T. | Thomas |
|
Wendt | Whitaker | Whitead | Winckler |
|
Wise |
|
|
The nays were, 52:
|
Alons | Arnold | Baudler | Boal |
|
Boddicker | Boggess | Carroll | Chambers |
|
Dandekar | De Boef | Dennis | Dix |
|
Dolecheck | Drake | Eichhorn | Elgin |
|
Freeman | Gipp | Granzow | Greiner |
|
Hahn | Hansen | Hanson | Heaton |
|
Horbach | Huseman | Hutter | Jacobs |
|
Jenkins | Jones | Kramer | Lalk |
|
Lukan | Maddox | Manternach | Olson, S. |
|
Paulsen | Raecker | Rants, Spkr. | Rasmussen |
|
Rayhons | Roberts | Sands | Schickel |
|
Tjepkes | Tymeson | Upmeyer | Van Engelenhoven |
|
Van Fossen, J.K. | Van Fossen, J.R. | Wilderdyke | Klemme, |
|
| | | Presiding |
|
|
Absent or not voting, 3:
Amendment H-1296 lost.
Boggess of Page asked and received unanimous consent that
amendment H-1290 be deferred.
Murphy of Dubuque offered amendment H-1273 filed by Murphy,
et al., as follows:
H-1273
1 Amend Senate File 433, as passed by the Senate, as
2 follows:
3 1. Page 10, by inserting after line 33 the
4 following:
5 "Sec. . UNEMPLOYMENT TRUST FUND. There is
6 appropriated from moneys transferred to the state on
7 March 13, 2002, pursuant to section 903(d) of the
8 federal Social Security Act, as amended, to the
9 department of workforce development, the following
10 amount, to be deposited, under the direction of the
11 department of workforce development, in the
12 unemployment trust fund for the payment of
13 unemployment benefits for the first year of the
14 unemployment compensation reserve fund, and temporary
15 suspension of the base period wage requirement of one
16 and one-quarter times the base period quarter with the
17 highest wages:
18 $ 40,000,000
19 Sec. . UNEMPLOYMENT TAX AND CLAIM SYSTEM.
20 There is appropriated from moneys transferred to the
21 state on March 13, 2002, pursuant to section 903(d) of
22 the federal Social Security Act, as amended, to the
23 department of workforce development, the following
24 amount, for purposes of automation and technology for
25 the unemployment tax and claim system:
26 $ 20,000,000
27 Sec. . ENHANCED SERVICES TO CLAIMANTS. There
28 is appropriated from moneys transferred to the state
29 on March 13, 2002, pursuant to section 903(d) of the
30 federal Social Security Act, as amended, to the
31 department of workforce development, the following
32 amount, for purposes of infrastructure improvements
33 and the administrative and technology costs associated
34 with enhanced services to unemployment benefit
35 claimants for workforce and labor exchange services:
36 $ 20,700,000"
37 2. Page 12, by inserting after line 25 the
38 following:
39 "Sec. . Section 96.4, subsection 4, unnumbered
40 paragraph 1, Code 2003, is amended to read as follows:
41 The individual has been paid wages for insured work
42 during the individual's base period in an amount at
43 least one and one-quarter times the wages paid to the
44 individual during that quarter of the individual's
45 base period in which the individual's wages were
46 highest except for unemployment benefit claims with an
47 effective date of July 7, 2003, through June 30, 2007;
48 provided that the individual has been paid wages for
49 insured work totaling at least three and five-tenths
50 percent of the statewide average annual wage for
Page 2
1 insured work, computed for the preceding calendar year
2 if the individual's benefit year begins on or after
3 the first full week in July and computed for the
4 second preceding calendar year if the individual's
5 benefit year begins before the first full week in
6 July, in that calendar quarter in the individual's
7 base period in which the individual's wages were
8 highest, and the individual has been paid wages for
9 insured work totaling at least one-half of the amount
10 of wages required under this subsection in the
11 calendar quarter of the base period in which the
12 individual's wages were highest, in a calendar quarter
13 in the individual's base period other than the
14 calendar quarter in which the individual's wages were
15 highest. The calendar quarter wage requirements shall
16 be rounded to the nearest multiple of ten dollars."
17 3. Page 12, by inserting after line 25 the
18 following:
19 "Sec. 501. Section 96.7, subsection 12, paragraph
20 a, Code 2003, is amended to read as follows:
21 a. An employer other than a governmental entity or
22 a nonprofit organization, subject to this chapter,
23 shall pay an administrative contribution surcharge
24 equal in amount to one-tenth of one percent of federal
25 taxable wages, as defined in section 96.19, subsection
26 37, paragraph "b", subject to the surcharge formula to
27 be developed by the department under this paragraph.
28 The department shall develop a surcharge formula that
29 provides a target revenue level of no greater than six
30 million five hundred twenty-five thousand dollars
31 annually. The department shall reduce the
32 administrative contribution surcharge established for
33 any calendar year proportionate to any federal
34 government funding that provides an increased
35 allocation of moneys for workforce development
36 offices, under the federal employment services
37 financing reform legislation. Any administrative
38 contribution surcharge revenue that is collected in
39 any calendar year 2002 in excess of six million five
40 hundred twenty-five thousand dollars shall be deducted
41 from the amount to be collected in the subsequent
42 calendar year 2003 before the department establishes
43 the administrative contribution surcharge. The
44 department shall recompute the amount as a percentage
45 of taxable wages, as defined in section 96.19,
46 subsection 37, and shall add the percentage surcharge
47 to the employer's contribution rate determined under
48 this section. The percentage surcharge shall be
49 capped at a maximum of seven dollars per employee.
50 The department shall adopt rules prescribing the
Page 3
1 manner in which the surcharge will be collected.
2 Interest shall accrue on all unpaid surcharges under
3 this subsection at the same rate as on regular
4 contributions and shall be collectible in the same
5 manner. Interest accrued and collected under this
6 paragraph and interest earned and credited to the fund
7 under paragraph "b" shall be used by the department
8 only for the purposes set forth in paragraph "c".
9 Sec. 502. Section 96.7, subsection 12, paragraph
10 d, Code 2003, is amended to read as follows:
11 d. This subsection is repealed July 1, 2003 2008,
12 and the repeal is applicable to contribution rates for
13 calendar year 2004 2009 and subsequent calendar
14 years."
15 4. Page 12, by inserting after line 25 the
16 following:
17 "Sec. . Section 96.9, Code 2003, is amended by
18 adding the following new subsection:
19 NEW SUBSECTION. 8. UNEMPLOYMENT COMPENSATION
20 RESERVE FUND.
21 a. A special fund to be known as the unemployment
22 compensation reserve fund is created in the state
23 treasury. The reserve fund is separate and distinct
24 from the unemployment compensation fund. All moneys
25 collected as reserve contributions, as defined in
26 paragraph "b", shall be deposited in the reserve fund.
27 The moneys in the reserve fund may be used for the
28 payment of unemployment benefits and shall remain
29 available for expenditures in accordance with the
30 provisions of this subsection. The treasurer of state
31 shall be the custodian of the reserve fund and shall
32 disburse the moneys in the reserve fund in accordance
33 with this subsection and the directions of the
34 director of the department of workforce development.
35 b. If the balance in the reserve fund on July 1 of
36 the preceding calendar year for calendar year 2004 and
37 each year thereafter is less than one hundred million
38 dollars, a percentage of contributions, as determined
39 by the director, shall be deemed to be reserve
40 contributions for the following calendar year. If the
41 percentage of contributions, termed the reserve
42 contribution tax rate, is not zero percent as
43 determined pursuant to this subsection, the combined
44 tax rate of contributions to the unemployment
45 compensation fund and to the unemployment compensation
46 reserve fund shall be divided so that a maximum of
47 ninety percent of the combined tax rate equals the
48 unemployment contribution tax rate and ten percent of
49 the combined tax rate equals the reserve contribution
50 tax rate except for employers who are assigned a
Page 4
1 combined tax rate of five and four-tenths or greater.
2 For those employers, the reserve contribution tax rate
3 shall equal zero and their combined tax rate shall
4 equal their unemployment contribution rate. When the
5 reserve contribution tax rate is determined to be zero
6 percent, the unemployment contribution rate for all
7 employers shall equal one hundred percent of the
8 combined tax rate. The reserve contributions
9 collected in any calendar year shall not exceed twenty
10 million dollars. The provisions for collection of
11 contributions under section 96.14 are applicable to
12 the collection of reserve contributions. Reserve
13 contributions shall not be deducted in whole or in
14 part by any employer from the wages of individuals in
15 its employ. All moneys collected as reserve
16 contributions shall not become part of the
17 unemployment compensation fund but shall be deposited
18 in the reserve fund created in this subsection.
19 c. Moneys in the reserve fund shall only be used
20 to pay unemployment benefits to the extent moneys in
21 the unemployment compensation fund are insufficient to
22 pay benefits during a calendar quarter.
23 d. The interest earned on the moneys in the
24 reserve fund shall be deposited in and credited to the
25 reserve fund.
26 e. Moneys from interest earned on the unemployment
27 compensation reserve fund shall be used by the
28 department only upon appropriation by the general
29 assembly and only for purposes contained in section
30 96.7, subsection 12, for department of workforce
31 development rural satellite offices, and for
32 administrative costs to collect the reserve
33 contributions."
34 5. Page 12, by inserting after line 25 the
35 following:
36 "Sec. 503. 2001 Iowa Acts, First Extraordinary
37 Session, chapter 2, section 2, unnumbered paragraph 4,
38 is amended to read as follows:
39 The department shall submit a report of its annual
40 departmental offices review to the governor and
41 general assembly by December 21, 2001, by December 21,
42 2002, and by December 21, 2003 of each subsequent
43 calendar year through December 21, 2008.
44 Sec. . EFFECTIVE DATE. Sections 501, 502, and
45 503 of this Act, being deemed of immediate importance,
46 take effect upon enactment."
47 6. Title page, by striking line 4 and inserting
48 the following: "relations board, making related
49 statutory changes, and providing an effective date."
50 7. By renumbering as necessary.
Murphy of Dubuque offered the following amendment H-1299, to
amendment H-1273, filed by him from the floor and moved its
adoption:
H-1299
1 Amend the amendment, H-1273, to Senate File 433, as
2 passed by the Senate, as follows:
3 1. Page 3, line 11, by striking the figure
4 "2008", and inserting the following: "2006".
5 2. Page 3, line 13, by striking the figure
6 "2009", and inserting the following: "2007".
7 3. Page 3, line 46, by striking the word
8 "maximum" and inserting the following: "minimum".
9 4. Page 3, line 47, by striking the word
10 "ninety", and inserting the following: "eighty".
11 5. Page 3, line 48, by striking the word "ten",
12 and inserting the following: "twenty".
13 6. Page 4, line 9, by striking the word "twenty",
14 and inserting the following: "thirty-three".
15 7. Page 4, line 10, by inserting after the word
16 "million" the following: "four hundred thousand".
17 8. Page 4, line 43, by striking the figure
18 "2008", and inserting the following: "2006".
Amendment H-1299 was adopted.
Murphy of Dubuque moved the adoption of amendment H-1273, as
amended.
Roll call was requested by Myers of Johnson and Bell of Jasper.
On the question "Shall amendment H-1273, as amended, be
adopted?" (S.F. 433)
The ayes were, 44:
|
Bell | Berry | Bukta | Cohoon |
|
Connors | Davitt | Foege | Ford |
|
Frevert | Gaskill | Greimann | Heddens |
|
Hogg | Hunter | Huser | Jochum |
|
Kuhn | Lensing | Lykam | Mascher |
|
McCarthy | Mertz | Miller | Murphy |
|
Myers | Oldson | Olson, D. | Osterhaus |
|
Petersen | Quirk | Reasoner | Shoultz |
|
Smith | Stevens | Struyk | Swaim |
|
Taylor, D. | Taylor, T. | Thomas | Wendt |
|
Whitaker | Whitead | Winckler | Wise |
|
|
The nays were, 54:
|
Alons | Arnold | Baudler | Boal |
|
Boddicker | Boggess | Carroll | Chambers |
|
Dandekar | De Boef | Dennis | Dix |
|
Dolecheck | Drake | Eichhorn | Elgin |
|
Freeman | Gipp | Granzow | Greiner |
|
Hahn | Hansen | Hanson | Heaton |
|
Horbach | Huseman | Hutter | Jacobs |
|
Jenkins | Jones | Kramer | Kurtenbach |
|
Lalk | Lukan | Maddox | Manternach |
|
Olson, S. | Paulsen | Raecker | Rants, Spkr. |
|
Rasmussen | Rayhons | Roberts | Sands |
|
Schickel | Tjepkes | Tymeson | Upmeyer |
|
Van Engelenhoven | Van Fossen, J.K. | Van Fossen, J.R. | Watts |
|
Wilderdyke | Klemme, |
|
| Presiding |
|
|
Absent or not voting, 2:
Amendment H-1273 lost.
Boggess of Page moved the adoption of amendment H-1290,
previously deferred and found on pages 1047 through 1048, of the
House Journal.
A non-record roll call was requested.
The ayes were 51, nays 43.
Amendment H-1290 was adopted.
Struyk of Pottawattamie asked and received unanimous consent to
withdraw amendment H-1292, previously deferred, filed by him on
April 8, 2003.
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?" (S.F. 433)
The ayes were, 65:
|
Alons | Arnold | Baudler | Boal |
|
Boddicker | Boggess | Carroll | Chambers |
|
Dandekar | Davitt | De Boef | Dennis |
|
Dix | Dolecheck | Drake | Eichhorn |
|
Elgin | Foege | Freeman | Gipp |
|
Granzow | Greiner | Hahn | Hansen |
|
Hanson | Heaton | Horbach | Huseman |
|
Huser | Hutter | Jacobs | Jenkins |
|
Jones | Kramer | Kurtenbach | Lalk |
|
Lukan | Maddox | Manternach | McCarthy |
|
Olson, S. | Paulsen | Quirk | Raecker |
|
Rants, Spkr. | Rasmussen | Rayhons | Roberts |
|
Sands | Schickel | Smith | Struyk |
|
Thomas | Tjepkes | Tymeson | Upmeyer |
|
Van Engelenhoven | Van Fossen, J.K. | Van Fossen, J.R. | Watts |
|
Wendt | Whitead | Wilderdyke | Wise |
|
Klemme, |
|
Presiding |
|
|
The nays were, 33:
|
Bell | Berry | Bukta | Cohoon |
|
Connors | Ford | Frevert | Gaskill |
|
Greimann | Heddens | Hogg | Hunter |
|
Jochum | Kuhn | Lensing | Lykam |
|
Mascher | Mertz | Miller | Murphy |
|
Myers | Oldson | Olson, D. | Osterhaus |
|
Petersen | Reasoner | Shoultz | Stevens |
|
Swaim | Taylor, D. | Taylor, T. | Whitaker |
|
Winckler |
|
|
Absent or not voting, 2:
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: Senate
Files 272 and 433.
MOTION TO RECONSIDER WITHDRAWN
(Senate File 435)
Gipp of Winneshiek asked and received unanimous consent to
withdraw the motion to reconsider Senate File 435, a bill for an act
relating to and making appropriations to the judicial branch, filed by
him on April 8, 2003.
REPORT OF THE CHIEF CLERK OF THE HOUSE
MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following corrections were made:
House File 636
Page 21, line 35 - Underscore colon after the word may.
MARGARET A. THOMSON
Chief Clerk of the House
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on April 8, 2003.
Had I been present, I would have voted "aye" on House File 628,
Senate Files 237 and 435.
HEATON of Henry
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Forty students from Marion, Cedar Rapids, Ely, Mt. Vernon and
Alburnett, Iowa, accompanied by 4-H sponsors. By Dandekar of Linn.
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\1151 Shelby Duggan, Dubuque - For organizing Operation Support Our
Troops.
2003\1152 Clarence and Lillian Selken, Dubuque - For celebrating their 50th
wedding anniversary.
2003\1153 Mr. and Mrs. Lloyd Clark, Albia - For celebrating their 60th
wedding anniversary.
2003\1154 Mr. and Mrs. Sam Kool, Eddyville - For celebrating their 50th
wedding anniversary.
2003\1155 Arnold (Nick) Andersen, Coon Rapids - For celebrating his 80th
birthday.
2003\1156 Emma Hansen, Audubon - For celebrating her 90th birthday.
2003\1157 Morris Trimble, Clear Lake - For celebrating his 80th birthday.
2003\1158 Charlotte Lavonne Lyon, Boone - For celebrating her 80th birthday.
2003\1159 Russell David Eldridge Jr., Perry - For celebrating his 81st birthday.
2003\1160 James Louis Bowman, Perry - For celebrating his 83rd birthday.
2003\1161 Carl John Berstrom, Perry - For celebrating his 84th birthday.
2003\1162 Richard John Nelley, Perry - For celebrating his 87th birthday.
2003\1163 Norman Gustaf Bergstrom, Ogden - For celebrating his 87th
birthday.
2003\1164 Ellis Mueller, Calamus - For celebrating her 95th birthday.
2003\1165 Bea Donald, Story City - For celebrating her 90th birthday.
2003\1166 Ina Picht, Nevada - For celebrating her 100th birthday.
SUBCOMMITTEE ASSIGNMENT
Senate File 297
Ways and Means: Lukan, Chair; Huser and Kurtenbach.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
House File 657, a bill for an act relating to the establishment of the office of grants
enterprise management in the department of management to assist the state in
receiving more nonstate funds and providing a standing limited appropriation.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1293 April 8, 2003.
Committee Bill (Formerly House File 582), relating to the regulation of elder
family homes, elder group homes, and assisted living programs, providing for
appropriation of fees, and providing penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass April 8, 2003.
Committee Bill (Formerly House File 596), relating to the regulation of adult day
services, and providing for appropriations and penalties.
Fiscal Note is not required.
Recommended Amend and Do Pass April 8, 2003.
COMMITTEE ON EDUCATION
Senate File 383, a bill for an act authorizing the establishment of an Iowa virtual
academy, authorizing the board of educational examiners to license instructors of
internet courses, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass April 8, 2003.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Senate File 203, a bill for an act relating to the installation of certain aboveground
petroleum storage tanks.
Fiscal Note is not required.
Recommended Do Pass April 8, 2003.
COMMITTEE OF GOVERNMENT OVERSIGHT
Committee Bill (Formally House Study Bill 310), establishing a veterans trust
fund under the control of the commission of veterans affairs and making an
appropriation.
Fiscal note is not required.
Recommended Do Pass April 9, 2003.
COMMITTEE ON HUMAN RESOURCES
Senate File 3, a bill for an act relating to the inclusion of certain information in a
termination of pregnancy report.
Fiscal note is not required.
Recommended Do Pass April 9, 2003.
Senate File 353, a bill for an act requiring establishment of county child protection
assistance teams.
Fiscal note is not required.
Recommended Do Pass April 9, 2003.
Senate File 354, a bill for an act implementing the federal Indian Child Welfare
Act.
Fiscal note is not required.
Recommended Do Pass April 9, 2003.
Senate File 416, a bill for an act relating to the emergency shelter and support
services demonstration project relating to dependent adults.
Fiscal note is not required.
Recommended Amend and Do Pass with amendment H-1300 April 9, 2003.
COMMITTEE ON LOCAL GOVERNMENT
Senate File 371, a bill for an act relating to formatting standards for recording
documents or instruments by a county recorder, specifying a recording fee for certain
documents or instruments, and providing an effective date.
Fiscal note is not required.
Recommended Do Pass April 9, 2003.
RESOLUTION FILED
HR 53, by Upmeyer, a resolution congratulating the Peace
Reformed Church of Garner, Iowa, on its 125th anniversary.
Laid over under Rule 25.
AMENDMENTS FILED
H-1293 H.F. 657 Committee on Appropriations
H-1294 H.F. 655 Senate Amendment
H-1295 H.F. 488 Fallon of Polk
H-1297 H.F. 541 Horbach of Tama
H-1298 H.F. 666 Hogg of Linn
H-1300 S.F. 416 Committee on Human Resources
H-1301 H.F. 667 Whitaker of Van Buren
H-1302 H.F. 667 Heaton of Henry
H-1304 S.F. 172 Carroll of Poweshiek
H-1305 H.F. 667 Heaton of Henry
H-1306 H.F. 667 Osterhaus of Jackson
H-1307 H.F. 667 Osterhaus of Jackson
H-1308 H.F. 667 Heaton of Henry
H-1309 H.F. 667 Petersen of Polk
Heaton of Henry Granzow of Hardin
Oldson of Polk Greimann of Story
H-1310 H.F. 667 Heddens of Story
H-1311 H.F. 667 Dix of Butler
H-1312 H.F. 667 Hansen of Pottawattamie
H-1313 H.F. 667 Kurtenbach of Story
On motion by Gipp of Winneshiek the House adjourned at 6:26
p.m., until 8:45 a.m., Thursday, April 10, 2003.
© 2003 Cornell College and
League of Women Voters of Iowa
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