TUESDAY, APRIL 16, 2013 - Iowa Legislature 16, 2013.pdfTUESDAY, APRIL 16, 2013 ... have passed the...

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STATE OF IOWA

House Journal

TUESDAY, APRIL 16, 2013

Produced daily by the State of Iowa during the sessions of the General Assembly.

(The official bound copy will be available after a reasonable time upon

adjournment.)

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93rd Day TUESDAY, APRIL 16, 2013 841

JOURNAL OF THE HOUSE

Ninety-third Calendar Day - Sixty-second Session Day

Hall of the House of Representatives

Des Moines, Iowa, Tuesday, April 16, 2013

The House met pursuant to adjournment at 8:32 a.m., Speaker

Paulsen in the chair.

Prayer was offered by Reverend Jessica Peterson-Orwenyo,

Congregational United Church of Christ, Newton. She was the guest

of Representative Kelley of Jasper County.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Talynn Griggs, Page from Boone.

The Journal of Monday, April 15, 2013, was approved.

INTRODUCTION OF BILL

House Joint Resolution 14, by Alons, Dolecheck, Fry,

Brandenburg, Heartsill, Shaw, Gassman, Salmon, Koester, Landon,

Sheets and Schultz, a joint resolution proposing an amendment to the

Constitution of the State of Iowa relating to religion and religious

practices.

Read first time and referred to committee on Judiciary.

The House stood at ease at 8:43 a.m., until the fall of the gavel.

The House resumed session at 9:45 a.m., Speaker Paulsen in the

chair.

CONSIDERATION OF BILLS

Unfinished Business Calendar

Senate File 368, a bill for an act relating to the consumer credit

code by modifying a reference to the federal Truth in Lending Act,

with report of committee recommending passage, was taken up for

consideration.

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=85&hbill=HJR14

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=85&hbill=SF368

842 JOURNAL OF THE HOUSE 93rd Day

Hagenow 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?” (S.F. 368) The ayes were, 98:

Abdul-Samad Alons Anderson Bacon

Baltimore Baudler Bearinger Berry

Byrnes Cohoon Costello Cownie

Dawson Deyoe Dolecheck Drake

Dunkel Fisher Forbes Forristall

Fry Gaines Garrett Gaskill

Gassman Grassley Hagenow Hall

Hanson Hanusa Heartsill Heaton

Heddens Hein Hess Highfill

Hunter Huseman Isenhart Jacoby

Jorgensen Kajtazovic Kaufmann Kearns

Kelley Klein Koester Kressig

Landon Lensing Lofgren Lundby

Lykam Mascher Maxwell Miller, H.

Miller, L. Moore Muhlbauer Murphy

Oldson Olson, R. Olson, S. Olson, T.

Ourth Pettengill Prichard Rayhons

Riding Rogers Ruff Running-Marquardt

Salmon Sands Schultz Shaw

Sheets Smith, J. Smith, M. Soderberg

Staed Stanerson Steckman Stutsman

Taylor, R. Taylor, T. Thede Thomas

Upmeyer Vander Linden Watts Wessel-Kroeschell

Winckler Windschitl Wolfe Wood

Worthan Mr. Speaker

Paulsen

The nays were, none.

Absent or not voting, 2:

Brandenburg McCarthy

The bill having received a constitutional majority was declared to

have passed the House and the title was agreed to.

SENATE AMENDMENT CONSIDERED

House Concurred

Byrnes of Mitchell called up for consideration House File 533, a

bill for an act providing for entrepreneurial education funds for


http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=85&hbill=HF533


student organizations and clubs and including effective date and

applicability provisions, amended by the Senate, and moved that the

House concur in the Senate amendment H–1278.

The motion prevailed and the House concurred in the Senate

amendment H–1278.

Byrnes of Mitchell moved that the bill, as amended by the Senate

and concurred in by the House, be read a last time now and placed

upon its passage which motion prevailed and the bill was read a last

time.

On the question “Shall the bill pass?” (H.F. 533)

The ayes were, 97:

















Ourth Pettengill Rayhons Riding

Rogers Ruff Running-Marquardt Salmon

Sands Schultz Shaw Sheets

Smith, J. Smith, M. Soderberg Staed

Stanerson Steckman Stutsman Taylor, R.

Taylor, T. Thede Thomas Upmeyer

Vander Linden Watts Wessel-Kroeschell Winckler

Windschitl Wolfe Wood Worthan

Mr. Speaker

Paulsen




http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=85&hbill=H1278




Under the provision of Rule 76, conflict of interest, Prichard of Floyd refrained from

voting.



Unfinished Business Calendar

House File 623, a bill for an act relating to the transfer of real

estate and the filing of a mortgage release certificate, providing for a

fee and making remedies applicable, and including effective date

provisions, was taken up for consideration.

SENATE FILE 445 SUBSTITUTED FOR HOUSE FILE 623

Garrett of Warren asked and received unanimous consent to

substitute Senate File 445 for House File 623.

Senate File 445, a bill for an act relating to the transfer of real

estate and the filing of a mortgage release certificate, providing for a

fee and making remedies applicable, and including effective date

provisions, was taken up for consideration.

Garrett of Warren moved that the bill be read a last time now and


a last time.

On the question “Shall the bill pass?” (S.F. 445)

The ayes were, 97:








Hanson Hanusa Heartsill Heddens

Hein Hess Highfill Hunter

Huseman Isenhart Jacoby Jorgensen

Kajtazovic Kaufmann Kearns Kelley

Klein Koester Kressig Landon

Lensing Lofgren Lundby Lykam

Mascher Maxwell Miller, H. Miller, L.









Moore Muhlbauer Murphy Oldson

Olson, R. Olson, S. Olson, T. Ourth

Pettengill Prichard Rayhons Riding

Rogers Ruff Running-Marquardt Salmon

Sands Schultz Shaw Sheets

Smith, J. Smith, M. Soderberg Staed

Stanerson Steckman Stutsman Taylor, R.

Taylor, T. Thede Thomas Upmeyer

Vander Linden Watts Wessel-Kroeschell Winckler

Windschitl Wolfe Wood Worthan

Mr. Speaker

Paulsen



Brandenburg Heaton McCarthy



HOUSE FILES 578 AND 623 WITHDRAWN

Garrett of Warren asked and received unanimous consent to

withdraw House Files 578 and 623 from further consideration by the

House.

Ways and Means Calendar

House File 627, a bill for an act establishing a property tax

exemption for fairgrounds owned by a county or a fair and including

applicability provisions, was taken up for consideration.

Moore of Jackson moved that the bill be read a last time now and


a last time.


The ayes were, 98:




















Ourth Pettengill Prichard Rayhons

Riding Rogers Ruff Running-Marquardt


Sheets Smith, J. Smith, M. Soderberg

Staed Stanerson Steckman Stutsman

Taylor, R. Taylor, T. Thede Thomas

Upmeyer Vander Linden Watts Wessel-Kroeschell

Winckler Windschitl Wolfe Wood

Worthan Mr. Speaker

Paulsen






House File 630, a bill for an act providing a sales tax exemption for

hydroelectricity conversion property, was taken up for consideration.

Kelley of Jasper offered amendment H–1287 filed by him and

moved its adoption.

Amendment H–1287 lost.

Hein of Jones moved that the bill be read a last time now and


a last time.






The ayes were, 95:









Heddens Hein Hess Huseman

Isenhart Jacoby Jorgensen Kajtazovic

Kaufmann Kearns Kelley Klein

Koester Kressig Landon Lensing

Lofgren Lundby Lykam Mascher

Maxwell Miller, H. Miller, L. Moore

Muhlbauer Murphy Oldson Olson, R.

Olson, S. Olson, T. Ourth Pettengill

Prichard Rayhons Riding Rogers

Ruff Running-Marquardt Salmon Sands

Schultz Shaw Sheets Smith, J.

Smith, M. Soderberg Staed Stanerson

Steckman Stutsman Taylor, R. Taylor, T.

Thede Thomas Upmeyer Vander Linden

Wessel-Kroeschell Winckler Windschitl Wolfe

Wood Worthan Mr. Speaker

Paulsen

The nays were, 3:

Highfill Hunter Watts





Appropriations Calendar

Senate File 430, a bill for an act relating to appropriations to the

department of cultural affairs, the economic development authority,

the board of regents and certain board of regents institutions, the

department of workforce development, the Iowa finance authority,

and the public employment relations board, providing for other

properly related matters, and including effective date and retroactive




applicability provisions, with report of committee recommending

amendment and passage, was taken up for consideration.

Deyoe of Story offered amendment H–1273 filed by the committee

on Appropriations.

Running-Marquardt of Linn offered amendment H–1288, to the

committee amendment H–1273, filed by her and Dunkel of Dubuque

and moved its adoption.

Deyoe of Story rose on a point of order that amendment H–1288

was not germane, to the committee amendment H–1273.

The Speaker ruled the point well taken and amendment H–1288

not germane, to the committee amendment H–1273.

Running-Marquardt of Linn asked for unanimous consent to suspend

the rules to consider amendment H–1288, to the committee amendment

H–1273.

Objection was raised.

Running-Marquardt of Linn moved to suspend the rules to consider

amendment H–1288, to the committee amendment H–1273.

Roll call was requested by Running-Marquardt of Linn and

Abdul-Samad of Polk.

On the question "Shall the rules be suspended to consider

amendment H–1288, to the committee amendment H–1273?" (S.F. 430) The ayes were, 46:

Abdul-Samad Anderson Bearinger Berry

Cohoon Dawson Dunkel Forbes

Gaines Gaskill Hall Hanson

Heddens Hunter Isenhart Jacoby

Kajtazovic Kearns Kelley Kressig

Lensing Lundby Lykam Mascher

Miller, H. Muhlbauer Murphy Oldson

Olson, R. Olson, T. Ourth Prichard

Riding Ruff Running-Marquardt Smith, M.

Staed Steckman Stutsman Taylor, T.

Thede Thomas Wessel-Kroeschell Winckler

Wolfe Wood
















The nays were, 51:

Alons Bacon Baltimore Baudler

Byrnes Costello Cownie Deyoe

Dolecheck Drake Fisher Forristall

Fry Garrett Gassman Grassley

Hagenow Hanusa Heartsill Heaton

Hein Hess Highfill Huseman

Kaufmann Klein Koester Landon

Lofgren Maxwell Miller, L. Moore

Olson, S. Pettengill Rayhons Rogers


Sheets Smith, J. Soderberg Stanerson

Taylor, R. Upmeyer Vander Linden Watts

Windschitl Worthan Mr. Speaker

Paulsen


Brandenburg Jorgensen McCarthy

The motion to suspend the rules lost.

Staed of Linn offered amendment H–1299, to the committee

amendment H–1273, filed by him from the floor.

The House stood at ease at 10:26 a.m., until the fall of the gavel.

The House resumed session at 10:46 a.m., Speaker Paulsen in the

chair.

Deyoe of Story rose on a point of order that amendment H–1299 was


The Speaker ruled the point well taken and amendment H–1299


S. Olson of Clinton in the chair at 10:50 a.m.

Kajtazovic of Black Hawk offered amendment H–1295, to the

committee amendment H–1273, filed by her and Thomas of Clayton

and moved its adoption.

Roll call was requested by Kajtazovic of Black Hawk and

Abdul-Samad of Polk.










On the question "Shall amendment H–1295, to the committee

amendment H–1273, be adopted?" (S.F. 430)

The ayes were, 46:












Wolfe Wood

The nays were, 52:







Jorgensen Kaufmann Klein Koester

Landon Lofgren Maxwell Miller, L.

Moore Paulsen, Spkr. Pettengill Rayhons

Rogers Salmon Sands Schultz

Shaw Sheets Smith, J. Soderberg

Stanerson Taylor, R. Upmeyer Vander Linden

Watts Windschitl Worthan Olson, S.,

Presiding



Amendment H–1295, to the committee amendment H–1273, lost.

Heddens of Story offered amendment H–1293, to the committee

amendment H–1273, filed by Heddens, et al., and moved its adoption.

Roll call was requested by Heddens of Story and Abdul-Samad of

Polk.











The ayes were, 45:






Lensing Lykam Mascher Miller, H.


Olson, T. Ourth Prichard Riding

Ruff Running-Marquardt Smith, M. Staed

Steckman Stutsman Taylor, T. Thede

Thomas Wessel-Kroeschell Winckler Wolfe

Wood

The nays were, 53:








Landon Lofgren Lundby Maxwell

Miller, L. Moore Paulsen, Spkr. Pettengill

Rayhons Rogers Salmon Sands


Soderberg Stanerson Taylor, R. Upmeyer

Vander Linden Watts Windschitl Worthan

Olson, S.,

Presiding




Lensing of Johnson offered amendment H–1292, to the committee

amendment H–1273, filed by Lensing, et al., and moved its adoption.

Roll call was requested by Lensing of Johnson and M. Smith of

Marshall.











The ayes were, 44:



Gaines Gaskill Hanson Heddens

Hunter Isenhart Jacoby Kajtazovic

Kearns Kelley Kressig Lensing

Lykam Mascher Miller, H. Muhlbauer

Murphy Oldson Olson, R. Olson, T.

Ourth Prichard Riding Ruff

Running-Marquardt Smith, M. Staed Steckman

Stutsman Taylor, T. Thede Thomas

Wessel-Kroeschell Winckler Wolfe Wood

The nays were, 53:



Drake Fisher Forristall Fry

Garrett Gassman Grassley Hagenow

Hall Hanusa Heartsill Heaton









Olson, S.,

Presiding


Brandenburg Dolecheck McCarthy


Kressig of Black Hawk offered amendment H–1294, to the committee

amendment H–1273, filed by Kressig, et al., and moved its adoption.

Roll call was requested by Kressig of Black Hawk and Abdul-Samad

of Polk.











The ayes were, 45:












Wood

The nays were, 53:














Olson, S.,

Presiding




Wolfe of Clinton offered amendment H–1301, to the committee

amendment H–1273, filed by Wolfe, et al., from the floor and moved

its adoption.

Speaker Paulsen in the chair at 11:54 a.m.

Roll call was requested by Wolfe of Clinton and Mascher of Johnson.











The ayes were, 45:












Wood

The nays were, 53:









Miller, L. Moore Olson, S. Pettengill





Mr. Speaker

Paulsen




Senate File 430 was deferred and will retain its place on the calendar.

IMMEDIATE MESSAGES

Upmeyer of Cerro Gordo asked and received unanimous consent

that the following bills be immediately messaged to the Senate:

House Files 533, 627, 630 and Senate Files 368 and 445.








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 16, 2013, amended and passed the following bill in which the concurrence of the

House is asked:

House File 495, a bill for an act relating to the residential landlord and tenant laws

and related forcible entry and detainer laws and making penalties applicable.

Also: That the Senate has on April 16, 2013, amended and passed the following bill

in which the concurrence of the House is asked:

House File 566, a bill for an act to establish requirements relating to the transfer of

an interest in real estate by or on behalf of certain entities formed or organized on a

profit, cooperative, or not-for-profit basis, and including warranties and a limitation on

actions.

Also: That the Senate has on April 16, 2013, passed the following bill in which the

concurrence of the Senate was asked:

House File 630, a bill for an act providing a sales tax exemption for hydroelectricity

conversion property.

Also: That the Senate has on April 16, 2013, concurred in the House amendment

and passed the following bill in which the concurrence of the Senate was asked:

Senate File 202, a bill for an act relating to programs and services under the

purview of the department of public health.

Also: That the Senate has on April 16, 2013, concurred in the House amendment

and passed the following bill in which the concurrence of the Senate was asked:

Senate File 224, a bill for an act relating to period of validity of driver’s licenses and

nonoperator’s identification cards, the fee charged for the issuance of duplicate driver's

licenses and nonoperator's identification cards, and including effective date provisions.


concurrence of the House is asked:

Senate File 439, a bill for an act relating to charitable food donations to food banks

and similar organizations, including by providing for appropriations and a tax credit,

and including applicability provisions.


concurrence of the House is asked:

Senate File 440, a bill for an act relating to human services involving mental health

and disability services and children's services, making appropriations, and including

effective dates.









Also: That the Senate has on April 16, 2013, adopted the following resolution in

which the concurrence of the House is asked:

Senate Concurrent Resolution 5, a concurrent resolution urging the United States

government to renew its commitment to this nation's energy security

MICHAEL E. MARSHALL, Secretary

On motion by Upmeyer of Cerro Gordo, the House was recessed at

11:56 a.m., until 2:30 p.m.

AFTERNOON SESSION

The House reconvened at 2:35 p.m., Cownie of Polk in the chair.

CONSIDERATION OF BILL

Appropriations Calendar

The House resumed consideration of Senate File 430, a bill for an

act relating to appropriations to the department of cultural affairs, the

economic development authority, the board of regents and certain board

of regents institutions, the department of workforce development, the

Iowa finance authority, and the public employment relations board,

providing for other properly related matters, and including effective date

and retroactive applicability provisions, previously deferred.

Thomas of Clayton offered amendment H–1298, to the committee

amendment H–1273, filed by him and moved its adoption.

Roll call was requested by Thomas of Clayton and Abdul-Samad of

Polk.


amendment H–1273, be adopted?" (S.F. 430) The ayes were, 47:


Cohoon Dawson Drake Dunkel

Forbes Gaines Gaskill Hall

Hanson Heddens Hunter Isenhart

Jacoby Kajtazovic Kearns Kelley

Kressig Lensing Lundby Lykam

Mascher Miller, H. Muhlbauer Murphy

Oldson Olson, R. Olson, T. Ourth

Prichard Riding Ruff Running-Marquardt

http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=85&hbill=SCR5








Smith, M. Staed Steckman Stutsman

Taylor, T. Thede Thomas Wessel-Kroeschell

Winckler Wolfe Wood

The nays were, 51:


Byrnes Costello Deyoe Dolecheck

Fisher Forristall Fry Garrett

Gassman Grassley Hagenow Hanusa

Heartsill Heaton Hein Hess

Highfill Huseman Jorgensen Kaufmann

Klein Koester Landon Lofgren

Maxwell Miller, L. Moore Olson, S.

Paulsen, Spkr. Pettengill Rayhons Rogers


Sheets Smith, J. Soderberg Stanerson

Taylor, R. Upmeyer Vander Linden Watts

Windschitl Worthan Cownie,

Presiding




Kelley of Jasper asked and received unanimous consent to withdraw

amendment H–1289, to the committee amendment H–1273, filed by

him on April 15, 2013.

Hunter of Polk offered amendment H–1302, to the committee

amendment H–1273, filed by Hunter, et al., from the floor and moved

its adoption.


Deyoe of Story moved the adoption of the committee amendment

H–1273.

The committee amendment H–1273 was adopted.

Deyoe of Story moved that the bill be read a last time now and


a last time.












On the question “Shall the bill pass?” (S.F. 430)

The ayes were, 52:


Byrnes Costello Deyoe Dolecheck

Drake Fisher Forristall Fry

Garrett Gassman Grassley Hagenow

Hanusa Heartsill Heaton Hein

Hess Highfill Huseman Jorgensen

Kaufmann Klein Koester Landon

Lofgren Maxwell Miller, L. Moore

Olson, S. Paulsen, Spkr. Pettengill Rayhons

Rogers Salmon Sands Schultz

Shaw Sheets Smith, J. Soderberg

Stanerson Taylor, R. Upmeyer Vander Linden

Watts Windschitl Worthan Cownie,

Presiding

The nays were, 46:












Wolfe Wood





INTRODUCTION OF BILL

House File 636, by Jacoby, a bill for an act providing for a tax

credit against the individual and corporate income taxes, the

franchise tax, insurance premiums tax, and the moneys and credits

tax for a charitable contribution to certain institutions engaged in

regenerative medicine research and including retroactive

applicability provisions.

Read first time and referred to committee on Ways and Means.




IMMEDIATE MESSAGE

Upmeyer of Cerro Gordo asked and received unanimous consent

that Senate File 430 be immediately messaged to the Senate.

LEAVE OF ABSENCE

Leave of absence was granted during voting as follows:

Brandenburg of Pottawattamie Dolecheck of Ringgold

Heaton of Henry Jorgensen of Woodbury

McCarthy of Polk

On motion by Upmeyer of Cerro Gordo, the House was recessed at

3:40 p.m., until 5:00 p.m.

The House reconvened at 5:07 p.m., Speaker Paulsen in the chair.

SENATE MESSAGES CONSIDERED

Senate File 439, by committee on Appropriations, a bill for an act

relating to charitable food donations to food banks and similar

organizations, including by providing for appropriations and a tax

credit, and including applicability provisions.

Read first time and referred to committee on Ways and Means.

Senate File 440, by committee on Appropriations, a bill for an act

relating to human services involving mental health and disability

services and children's services, making appropriations, and

including effective dates.

Read first time and referred to committee on Human Resources.

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:

CARMINE BOAL

Chief Clerk of the House

COMMITTEE ON APPROPRIATIONS

Senate File 442, a bill for an act relating to appropriations to the judicial branch.

Fiscal Note: No

Recommendation: Amend and Do Pass with amendment H–1306 April 16, 2013.







Committee Bill (Formerly House File 576), relating to the Iowa finance authority and

making an appropriation.

Fiscal Note: No

Recommendation: Amend and Do Pass April 16, 2013.

RESOLUTION FILED

S.C.R. 5, by Beall, Zumbach, Hart, Houser, Sodders, Boettger,

Courtney, Breitbach, Dearden, Segebart, Horn, Johnson, Taylor,

Kapucian, Brase, Greiner, Bowman, Anderson, Wilhelm, Ernst,

Petersen, Bertrand, Seng, Dix, Dotzler, Rozenboom, Dvorsky, Sinclair,

Quirmbach, Chapman, Ragan, Whitver, Mathis, Feenstra, Schoenjahn,

Bolkcom, Danielson, Hatch, McCoy, Jochum, Gronstal, Black, and

Hogg, a concurrent resolution urging the United States government to

renew its commitment to this nation's energy security.

Referred to committee on Environmental Protection.

AMENDMENTS FILED

H–1299 S.F. 430 Staed of Linn

H–1300 H.F. 634 Baltimore of Boone

H–1301 S.F. 430 Wolfe of Clinton

Kelley of Jasper

Heddens of Story

Wessel-Kroeschell of Story

Kearns of Lee

Muhlbauer of Crawford

H–1302 S.F. 430 Hunter of Polk

Wessel-Kroeschell of Story

Heddens of Story

H–1303 H.F. 495 Senate Amendment

H–1304 H.F. 566 Senate Amendment

H–1305 H.F. 634 Windschitl of Harrison

H–1306 S.F. 442 Committee on Appropriations

H–1307 H.F. 609 Sands of Louisa

H–1308 S.F. 295 Sands of Louisa

H–1309 S.F. 295 Cownie of Polk

On motion by Upmeyer of Cerro Gordo, the House adjourned at

5:07 p.m., until 8:30 a.m., Wednesday, April 17, 2013.


http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&frame=1&GA=85&hbill=SCR5























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