House Journal: Wednesday, June 4, 2003
JOURNAL OF THE HOUSE
Seventh Calendar Day - Fifth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, June 4, 2003
The House met pursuant to adjournment at 10:03 a.m., Speaker
Rants in the chair.
The Journal of Tuesday, June 3, 2003 was approved.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 24
Lukan of Dubuque asked and received unanimous consent for the
immediate consideration of House Concurrent Resolution 24 as
follows, and moved its adoption.
1 House Concurrent Resolution 24
2 By Rants and Myers
3 A House Concurrent Resolution to provide for
4 adjournment sine die.
5 Be It Resolved By The House Of Representatives, The
6 Senate Concurring, That when adjournment is had on
7 Wednesday, June 4, 2003, it shall be the final
8 adjournment of the 2003 Extraordinary Session of the
9 Eightieth General Assembly.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House Concurrent Resolution 24 be immediately messaged to the
Senate.
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
June 4, 2003, concurred in the House amendment to the Senate amendment, and
passed the following bill in which the concurrence of the Senate was asked:
House File 692, a bill for an act relating to taxation of property and income and
including effective date and applicability date provisions.
Also: That the Senate has on June 4, 2003, concurred in the House amendment to
the Senate amendment, and passed the following bill in which the concurrence of the
Senate was asked:
House File 683, a bill for an act relating to economic development by creating an
Iowa values board and Iowa values fund, providing for the issuance of tax-exempt
bonds, modifying the value-added agricultural products and processes financial
assistance program, providing endow Iowa seed grants and endow Iowa tax credits,
providing funding and tax credits for economic development regions, creating workforce
training and economic development funds for community colleges, establishing a school
financing program for school infrastructure purposes, creating a cultural and
entertainment district certification program, increasing the availability of
rehabilitation project tax credits, eliminating a small business advisory council,
providing for a streamlined sales and use tax law, making appropriations, and
including effective date and retroactive applicability provisions.
Also: That the Senate has on June 4, 2003, adopted the following resolution in
which the concurrence of the Senate was asked:
House Concurrent Resolution 24, a House Concurrent Resolution to provide for
adjournment sine die.
MICHAEL E. MARSHALL, Secretary
MESSAGE TO THE GOVERNOR AND TO THE SENATE
Lukan of Dubuque moved that the Chief Clerk of the House be
directed to send a written message to the Governor and to the Senate
informing them that the House of Representatives was prepared to
adjourn sine die pursuant to House Concurrent Resolution 24.
The motion prevailed.
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 683
1. Page 115, line 3 - Replace period with colon after "as follows".
House File 692
1. Page 85, line 22 - Delete "as follows".
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this the 4th day of June, 2003: House Files 614, 683 and 692.
MARGARET A. THOMSON
Chief Clerk of the House
COMMUNICATIONS RECEIVED
The following communications were received and filed in the office
of the Chief Clerk:
DEPARTMENT OF PUBLIC HEALTH
Termination of Pregnancy Report, pursuant to Chapter 144.29A, Code of Iowa.
CIVIL RIGHTS COMMISSION
Annual report for Fiscal Year 2002, pursuant to Chapter 216.5(7), Code of Iowa.
FINAL ADJOURNMENT
By virtue of House Concurrent Resolution 24, duly adopted, the
day of June 4, 2003 having arrived the Speaker of the House,
Christopher Rants, declared the 2003 Extraordinary Session of the
House of Representatives of the Eightieth General Assembly
adjourned sine die at 10:13 a.m.
SUPPLEMENT TO HOUSE JOURNAL
GOVERNOR'S VETO MESSAGE
A copy of the following communication was received and placed on
file:
June 30, 2003
The Honorable Chester Culver
Secretary of State
State Capitol
L O C A L
Dear Mr. Secretary:
I hereby transmit House File 614, an Act relating to elections and vote
registration by implementing requirements of federal law, creating a planning and
implementation committee, modifying closing hours of the polls, and making changes
relating to absentee voting procedures, including request and delivery of absentee
ballot applications, delivery of absentee ballots to the vote, and delivery of completed
absentee ballots to the county commission of elections, and including effective date
provisions.
The federal Help America Vote Act of 2002 (HAVA), a sweeping election reform
package passed by the U.S. Congress with strong bipartisan support in response to
problems with the 2000 presidential election, is intended to help Americans vote. It
sets specific requirements related to provisional balloting, voting equipment, disability
access, statewide voter registration databases, and voter identification. It is about
improving voting technology, upgrading election official training, and providing for
voter education. It is not about purely partisan political gain by one political party or
another or about making it more difficult for our citizens to vote.
By extension and logic, any state bill to adopt provisions of the new federal law
should not be more restrictive. Doing so violates the objective and spirit of HAVA -
making it easier to vote. Instead, the Republican Legislature insisted on making
House File 614 a partisan bill that makes it harder, not easier, to vote. Closing the
polls earlier and putting restrictions on absentee ballots are inconsistent with the
federal law.
When we live in a state and country where less than 50 percent of eligible voters
are registered to vote and less than 50 percent of those registered actually make an
effort to vote, I believe we should be examining ways to make it easier for our citizens
to participate in the election process. As president John F. Kennedy said, "The right to
vote in a free American election is the most powerful and precious right in the world."
My office made every conceivable effort to convey to the Legislature my concerns
about House File 614. Over the two-to-three months leading up to the 2003 Special
Session, I made it clear, in my private conversations with the legislative leaders and in
my public statements, that the Legislature should not pass a bill that is more
restrictive on the ability of citizens to vote than the federal HAVA and that does not
appropriate the necessary state matching funds to obtain federal funds to help
implement the new federal voting requirements.
Iowa could receive up to $35 million in federal funds to implement HAVA. No state
match is required on the first $5 million, which Iowa has already received, and Iowa is
required to put up a state match of $1.5 million in order to receive the balance of up to
$30 million over three fiscal years. I am particularly dismayed that the Republican
leadership did not have the foresight and common sense to appropriate state matching
funds in House File 614 or elsewhere for the state to qualify for additional federal
funds. The Legislature should have appropriated those funds rather than create an
unfunded federal mandate for counties. This is shortsighted and will necessitate a
supplemental appropriation next year. At a time when Iowa, like every other state, is
experiencing declining revenues from the national economic recession, the Legislature
should be concerned about leveraging federal dollars.
Many of the arguments raised by supporters of House File 614 are apparently
based on concerns about Iowa's voting system. Like most Iowans, I believe those
concerns are unfounded. We in Iowa can be proud of a system that is fair, lawful, and
provides clean elections. In fact, a Des Moines Register poll last November indicated
that most Iowans trust our voting system, with 29 percent giving the system the
highest possible score and another 54 percent rating it just slightly less positively.
I do not support Section 3 that prescribes an entirely new state plan advisory
committee to be appointed by the Governor with confirmation by the Senate. This new
committee will most likely not be able to meet the state and federal publication and
comment requirements and have a plan completed by September 30, 2003, as required
in order to obtain federal funds. A State planning advisory committee has already
been meeting since February 28, 2003, to prepare a state plan. This plan has been
completed, published, and is currently receiving public comment.
I do not support Section 20 that, in part, reduces Iowans access to voting by closing
the polls at 8:00 p.m. rather than the current 9:00 p.m. In the 2002 general elections,
it is estimated that over 5,000 additional Iowans voted during the last hour. Why
make it more difficult for so many of our working Iowans and working single mothers -
for instance, those who may not be able to vote early in the morning - to vote. We
should not.
I do not support Division II that places, in part, unnecessary restrictions on
absentee voting. The Division reduces the time period during which a registered voter
can request an absentee ballot to only 70 days before the election. This restriction
would make it more difficult for our senior citizens and others to vote. During the
summer of 2002, for instance, over 50,000 Independent, Republican and Democratic
voters requested absentee ballots for the 2002 General Election. Under House File
614, those applications would hae been returned without an absentee ballot.
Additionally, this Division establishes an absentee ballot courier who is authorized to
deliver absentee ballot applications to applicants. This provision places additional
financial burdens on counties to train the couriers, which I believe is unwise.
For the above reasons, I hereby respectfully disapprove House File 614.
Sincerely,
Thomas J. Vilsack
Governor
GOVERNOR'S ITEM VETO MESSAGE
June 19, 2003
The Honorable Chester Culver
Secretary of State
State Capitol
L O C A L
Dear Mr. Secretary:
I hereby transmit House Files 683, an Act relating to economic development,
financial, taxation, and regulatory matters, making and revising appropriations,
modifying penalties, providing a fee, and including effective, applicability, and
retroactive applicability provisions.
House Files 683 is approved on this date with the following exceptions, which I
hereby disapprove:
I am unable to approve the item designated as Section 96, subsection 68, in its
entirety. These paragraphs conform the postponement of the phase-out of the sales tax
on residential utilities with the streamlined sales tax initiative. I have item vetoed the
postponing of this tax cut, so this language is unnecessary. I will recommend language
to the next legislature in January 2004 to bring our continued reduction in the sales
tax on residential utilities into alignment with the streamlined sales tax initiative.
I am unable to approve the items designated as Division 15 that consists of 206-208
in their entirety. These sections would require the establishment of a parking fee for
the State Capitol Complex Parking Structure located at Pennsylvania and Grand
Avenues in Des Moines for only those citizens who work for the State of Iowa. I had
earlier vetoed similar language in Senate File 452 because I do not think it is
appropriate to charge such fees to citizens who would use this facility to visit the State
Capitol. My earlier concern still exists because we should not discriminate against our
state employees, who are Iowa citizens. Additionally, since we make free parking
available to state employees elsewhere around the State Capitol Complex, creating a
system where some state employees are charged a parking fee and other state
employees can park for free is not equitable. Therefore, such a fee should not be
approved.
For the above reasons, I respectfully disapprove these items in accordance with
Article 3 Section 16 of the Constitution of the State of Iowa. All other items in House
File 683 are hereby approved as of this date.
Sincerely,
Thomas J. Vilsack
Governor
June 19, 2003
The Honorable Chester Culver
Secretary of State
State Capitol
L O C A L
Dear Mr. Secretary:
I hereby transmit House File 692, an Act concerning regulatory, taxation, and
statutory requirements affecting individuals and business relating to taxation of
property, income and utilities, liability reform, workers' compensation, financial
services, unemployment compensation, employer surcharges, economic development,
and including effective date, applicability, and retroactive applicability provisions.
House File 692 is approved on this date with the following exceptions, which I
hereby disapprove:
I am unable to approve the items designated as Division II, III, and IV that consists
of Sections 44 through 72, in their entirety. These sections would provide for a
reduction in personal income taxes. I have repeatedly called on legislative leaders to
reform and simplify the Iowa personal income tax code in a manner that would be
revenue neutral. I laid out very clear parameters. I specifically told the Legislature I
would not sign any personal income tax reduction that jeopardizes our ability to
educate our children, provide health care to our senior citizens and families, protect our
natural resources, and maintain the public safety.
Instead of reforming our tax system, which is still needed, the Legislature's plan
would ultimately cost an estimated $310 million with no reliable and fair source of
state revenue to replace the lost dollars at a time when all sectors of our state, like
other states, are adversely affected by the national economic downturn. This would
jeopardize the delivery of state services and would severely hinder budget planning in
the future. It does not even provide any meaningful tax relief to lower-income Iowans
who would receive refunds of between only 3 cents and 50 cents per week under this
plan. The cuts in personal income taxes are really nothing more than cuts in services
to all Iowans.
I am unable to approve the item designated as Section 99 in its entirety. This
section which directs the creation of two technology transfer advisors in the office of the
governor. The governor's office performs many functions in a variety of different areas.
The present staff is assigned to duties and receives administrative support in a manner
that assures the efficient functioning of this office. Section 99 would disrupt the
administration of this office and affect the delivery of services to the state.
Furthermore, I believe the office of the governor should be able to control the
administration of its funds and decide how best to staff its office. Section 99 would
diminish this control by imposing on the governor's staffing and administrative
decisions.
I am unable to approve the item designated as Section 108, which requires the
Department of Economic Development to collect data about companies that considered
locating in Iowa but decided to locate elsewhere, in its entirety. Requiring collection of
such data would impose an additional burden on the Department of Economic
Development and its resources and adversely impact the department's efficient
delivery of services to the public.
I am unable to approve the items designated as Sections 116-120 in their entirety.
The Sections will make it much harder to hold those who hurt others with unsafe
products, on particularly egregious conduct, accountable for the harm they cause. I am
not persuaded by the argument that Iowa has a poor business climate. Those who
advance such an argument discount the work of highly productive Iowa workers and
the study prepared by the U.S. Chamber of Commerce ranking Iowa third best liability
climate.
I am unable to approve the item designated as Section 121 in its entirety. While I
appreciate the need for continued improvement to our workers compensation system to
maintain a just and balanced approach, Section 121 overreaches. A worker injured
multiple times could be significantly under compensated for his or her injuries under
Section 121. Section 121 in its current form destroys the just and balanced approach,
which should be our goal.
I am unable to approve the item designated as Division XX that consists of Section
132, in its entirety. Section 132 postpones the phase out of the sales tax on residential
utilities passed by the Iowa Legislature in 2001. The utility sales tax cut, as promised
in current law, reflected recognition by the legislature that escalating energy costs hit
all consumers hard. Postponing the phase out of the utility tax will unnecessarily
increase the utility bills of low-and middle-income Iowans, at a time when heating
prices are expected to rise dramatically next winter.
I invite the legislature to work in a bipartisan way to reform our income tax system
and work for common sense improvements to our civil justice system and workers
compensation system.
For the above reasons, I respectfully disapprove these items in accordance with
Article 3 Section 16 of the Constitution of the State of Iowa. All other items in House
File 692 are hereby approved as of this date.
Sincerely,
Thomas J. Vilsack
Governor
RESIGNATIONS RECEIVED
Copies of the following communications were received and placed
on file in the office of the Chief Clerk:
May 9, 2003
The Honorable Thomas J. Vilsack
Governor, State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Governor Vilsack:
During the past ten years it has been my honor to represent the citizens of Johnson
County. However, the time has come for me to make the decision to retire as State
Representative and Minority Leader.
I ask that this resignation be effective on July 1, 2003.
Sincerely,
Richard E. Myers
State Representative
June 19, 2003
The Honorable Thomas J. Vilsack
Governor, State of Iowa
State Capitol
Des Moines, Iowa 50319
Dear Governor Vilsack:
With this letter, I respectfully resign from the Iowa House of Representatives,
effective June 19, 2003.
It has been an honor to serve the citizens of Carter Lake, Council Bluffs and Iowa
as State Representative. It has also been a privilege for me to serve with you during
your terms as Governor. Despite our differences and party affiliations, we share a
common commitment to Iowa. The time has come, however, for me to pursue other
professional and personal interests.
Thank you for the commitment of you and your family in serving our State.
Respectfully,
Brad Hansen
State Representative
© 2003 Cornell College and
League of Women Voters of Iowa
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