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House Journal: Wednesday, March 29, 1995

Eightieth Calendar Day - Fifty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 29, 1995
The House met pursuant to adjournment at 8:50 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Father Ralph Simington, St. Mary's
Catholic Church, Marshalltown.
The Legislative Choir sang "Prayer Changes Things", directed by
Mary Heaton and accompanied by Sharron Main. 
The Journal of  March 28, 1995 was approved.
PETITION FILED
By Arnold of Lucas, from twenty-three citizens of District 91
favoring reinstating funding for the Older Iowans Legislature.
INTRODUCTION OF BILL
House File 547, by Siegrist and Schrader, a bill for an act
relating to the raffle of real property by a qualified
organization and providing an effective date and date of repeal.
Read first time and referred to committee on state government.
SENATE MESSAGES CONSIDERED
Senate File 208, by committee on human resources, a bill for
an act relating to child abuse and termination of parental
rights provisions, and providing an effective date.
Read first time and referred to committee on human resources.
Senate File 282, by Fink, a bill for an act relating to
child abuse investigations by prohibiting release of the
identity of a reporter of child abuse.
Read first time and referred to committee on human resources.
Senate File 436, by committee on human resources, a bill for
an act relating to the child abuse registry by providing access
for purposes of certifying sex offender treatment providers, for
certain publicly operated facilities or programs, and for
certain purposes of public employers.
Read first time and referred to committee on human resources.
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 28, 1995, adopted the following
resolution in which the concurrence of the House is asked:
Senate Joint Resolution 13, a joint resolution proposing an
amendment to the Constitution of the State of Iowa abolishing
the perpetual school support fund.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 10, a bill for an act relating to the appointment
and senate confirmation of the executive director of the office
of the state board of regents and providing an effective date.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 83, a bill for an act extending for an additional
budget year the regular program district cost guarantee for
school districts and increasing the amount of that guarantee and
providing an effective date.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 388, a bill for an act relating to child development
assistance.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 389, a bill for an act providing for technology for
classrooms for the twenty- first century.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 406, a bill for an act extending the periods in
which a school or school district may apply to the department of
education to waive the requirement that the school or school
district provide an articulated sequential elementary-secondary
guidance program and the requirement that the school or school
district provide a media services program.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 431, a bill for an act relating to child support
collection, including alternative measures for payment of costs
for nonpublic assistance services, the establishment of the
amount of child support required by certain parents who are
nineteen years of age or younger, payment of a child support
obligation under a modified order, provisions relating to the
suspension, revocation, nonissuance, and nonrenewal of certain
licenses for failure to pay support, and implementation
provisions.
Also: That the Senate has on March 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 433, a bill for an act relating to the family
investment program and related human services programs by
requiring the department of human services to apply for a
federal waiver regarding limited benefit plans and providing
applicability provisions.
JOHN F. DWYER, Secretary
On motion by Siegrist of Pottawattamie the House was recessed at
9:04 a.m., until 10:00 a.m.

The House reconvened at 10:00 a.m., Speaker Corbett in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Grubbs of Scott on request of Siegrist of Pottawattamie; Brand
of Benton, until his arrival, on request of Bernau of Story.
CONSIDERATION OF BILLS
Regular Calendar
House File 405, a bill for an act relating to the powers and
duties of the department of natural resources by authorizing
distinguishing license plates to vehicles assigned to the
department of natural resources, by amending procedures for
granting easements and leases by the natural resource
commission, by amending procedures for issuing and establishing
fees for scientific collector's licenses or permits, by
authorizing the use of certain revenue to repay loans related to
sewage collection and treatment plants in state parks and
recreation areas, by providing a definition of resident for
hunting, fishing, trapping, or taking protected species of
animals, and by providing for penalties and other related
matters, was taken up for consideration.
Brauns of Muscatine offered the following amendment H-3354 filed
by him and moved its adoption:
H-3354
 1     Amend House File 405 as follows:
 2     1.  Title page, line 4, by striking the words "and
 3   leases".
Amendment H-3354 was adopted.
Brauns of Muscatine 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. 405)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig 
Thomson        	Tyrrell        	Van Fossen     	Van Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Mr. Speaker
   Corbett
The nays were, none.
Absent or not voting, 3:

Brammer        	Brand          	Grubbs
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 405 be immediately messaged to the Senate.
House File 198, a bill for an act creating a lien arising from
the care and feeding of livestock in a custom cattle feedlot,
with report of committee recommending passage, was taken up for
consideration.
Greig of Emmet offered the following amendment H-3453 filed by
him and moved its adoption:
H-3453
 1     Amend House File 198 as follows:
 2     1.  Page 1, by inserting after line 22 the
 3   following:
 4     "   .  "Custom cattle feedlot operator" means the
 5   owner of a custom cattle feedlot or a person managing
 6   the custom cattle feedlot, if the person is authorized
 7   by the owner to file and enforce a lien under this
 8   chapter."
 9     2.  Page 1, by inserting after line 23 the
10   following:
11     "   .  "Processor" means the same as defined in
12   section 9H.1."
13     3.  By striking page 1, line 26, through page 2,
14   line 6, and inserting the following:
15     "1.  A custom cattle feedlot operator shall have a
16   lien upon the cattle and the identifiable cash
17   proceeds from the sale of the cattle for the amount of
18   the contract price for the feed and care of the
19   livestock at the custom cattle feedlot agreed upon by
20   the custom cattle feedlot operator and the person who
21   owns the cattle, which may be enforced as provided in
22   section 579A.3.
23     2.  The lien is created at the time the cattle
24   arrive at the custom cattle feedlot and continues for
25   one year after the cattle have left the custom cattle
26   feedlot.  In order to preserve the lien, the custom
27   cattle feedlot operator must, within twenty days after
28   the cattle arrive at the custom cattle feedlot, file
29   in the office of the secretary of state, a lien
30   statement on a form prescribed by the secretary of
31   state.  The secretary of state shall charge a fee of
32   not more than ten dollars for filing the statement.
33   The secretary of state may adopt rules pursuant to
34   chapter 17A for the electronic filing of the
35   statements.  The statement must include all of the
36   following:
37     a.  An estimate of the amount of feed and care
38   provided to the cattle pursuant to the contract.
39     b.  The estimated duration of the period when the
40   cattle are subject to feed and care at the custom
41   cattle feedlot.
42     c.  The name of the party to the contract whose
43   cattle are subject to feed and care at the custom
44   cattle feedlot.
45     d.  The description of the location of the custom
46   cattle feedlot, by county and township.
47     e.  The signature of the person filing the form.
48     3.  Except as provided in chapter 581, a lien
49   created under this section until preserved and a lien
50   preserved under this section is superior to and shall

Page 2  

 1   have priority over a conflicting lien or security
 2   interest in the cattle, including a lien that was
 3   perfected prior to the creation of the lien provided
 4   under this section."
 5     4.  Page 2, by striking lines 8 through 17 and
 6   inserting the following:
 7     "While the cattle are located at the custom cattle
 8   feedlot, the custom cattle feedlot operator may
 9   foreclose a lien created in section 579A.2 in the
10   manner provided for the foreclosure of secured
11   transactions as provided in sections 554.9504,
12   554.9506, and 554.9507.  After the cattle have left
13   the custom cattle feedlot, the custom cattle feedlot
14   operator may enforce the lien by commencing an action
15   at law for the amount of the lien against either of
16   the following:
17     1.  The holder of the identifiable cash proceeds
18   from the sale of the cattle.
19     2.  The processor who has purchased the cattle
20   within three days after the cattle have left the
21   custom cattle feedlot."
22     5.  By renumbering as necessary.
Amendment H-3453 was adopted.
Greig of Emmet 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. 198)
The ayes were, 96:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Burnett 
Cataldo        	Churchill      	Cohoon         	Connors
Coon           	Cormack        	Cornelius      	Daggett 
Dinkla         	Disney         	Doderer        	Drake 
Drees          	Eddie          	Ertl           	Fallon
Garman         	Gipp           	Greig          	Greiner
Gries          	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	Hurley 
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kreiman        	Kremer         	Lamberti
Larkin         	Larson         	Lord           	Main 
Martin         	Mascher        	May            	McCoy 
Mertz          	Metcalf        	Meyer          	Millage
Moreland       	Mundie         	Murphy         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien 
Ollie          	Rants          	Renken         	Running
Salton         	Schrader       	Schulte        	Shoultz
Siegrist       	Sukup          	Teig           	Thomson 
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel 
Welter         	Wise           	Witt           	Mr. Speaker
			   Corbett
The nays were, none.

Absent or not voting, 4:

Brammer        	Brand          	Carroll               	Grubbs
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 487, a bill for an act relating to streamlining
government activities, was taken up for consideration.
Renken of Grundy 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. 487)
The ayes were, 94:
Arnold         	Baker          	Bernau         	Blodgett
Boddicker      	Boggess        	Bradley        	Branstad
Brauns         	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill      	Cohoon         	Connors
Coon                  	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Fallon
Gipp           	Greig          	Greiner        	Gries
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin 
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Salton         	Schrader
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Mr. Speaker
	 Corbett

The nays were, 1:

Running        	

Absent or not voting, 5:

Bell           	Brammer        	Brand          	Garman
Grubbs         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
House Files 198 and 487.
House File 507, a bill for an act relating to state government
personnel systems, including affirmative action reports,
disability programs, deferred compensation, experimental
research projects, the state training system, and health
insurance contracts for public employees, was taken up for
consideration.
Tyrrell of Iowa 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. 507)
The ayes were, 96:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon 
Connors        	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig 
Greiner        	Gries          	Grundberg      	Hahn 
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Thomson 
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel 
Welter         	Wise           	Witt           	Mr. Speaker
			  Corbett

The nays were, none.
Absent or not voting, 4:

Brammer        	Brand          	Grubbs         	Teig
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Appropriations Calendar
House File 474, a bill for an act making an appropriation to the
community grant fund for juvenile crime prevention programs, was
taken up for consideration.
Gipp of Winneshiek in the chair at 10:55 a.m.
Kremer of Buchanan 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. 474)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Burnett 
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon                  	Corbett, Spkr.	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Greig
Greiner        	Gries          	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord 
Main           	Martin         	Mascher        	May 
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy 
Myers          	Nelson, B.      	Nelson, L.       	Nutt
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Van Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Gipp,
  Presiding
The nays were, none.
Absent or not voting, 3:

Brammer        	Brand          	Grubbs
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
House Files 474 and 507.
Speaker Corbett in the chair at 11:12 a.m.
Regular Calendar
House File 230, a bill for an act relating to procedural
requirements for the enforcement of certain copyrights, and
providing for penalties, with report of committee recommending
amendment and passage, was taken up for consideration.
Brunkhorst of Bremer offered amendment H-3307 filed by the
committee on economic development as follows:
H-3307
 1     Amend House File 230 as follows:
 2     1.  Page 3, line 26, by striking the words
 3   "broadcast music inc." and inserting the following:
 4   "BMI".
 5     2.  Page 4, line 5, by striking the words
 6   "seventy-two hours" and inserting the following:
 7   "seven days".
 8     3.  Page 4, by striking line 6 and inserting the
 9   following:  "contract.  The initial disclosure must be
10   presented to the proprietor or the proprietor's
11   representative in person by the copyright owner or the
12   owner's representative or the performing rights
13   society representative.  The initial disclosure shall
14   include all of the".
15     4.  Page 5, line 4, by striking the words
16   "seventy-two hours" and inserting the following:
17   "seven days".
18     5.  Page 6, lines 26 and 27, by striking the words
19   "with an intent to cause reliance" and inserting the
20   following:  "in retaliation".
Brunkhorst of Bremer offered the following amendment H-3414, to
the committee amendment H-3307, filed by him and Heaton and
moved its adoption:
H-3414
 1     Amend the amendment, H-3307, to House File 230, as
 2   follows:
 3     1.  Page 1, line 2, by striking the words
 4   "striking the words" and inserting the following:
 5   "inserting after the word "inc." the following:
 6   "(BMI)"."
 7     2.  Page 1, by striking lines 3 and 4.
Amendment H-3414 was adopted.
On motion by Brunkhorst of Bremer, the committee amendment
H-3307, as amended, was adopted.
Brunkhorst of Bremer 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. 230)
The ayes were, 95:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon                  	Cornelius      	Daggett 
Dinkla         	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Fallon 
Garman         	Gipp           	Greig          	Greiner
Gries          	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	Hurley 
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kreiman        	Kremer         	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Witt           	Mr. Speaker
  		  Corbett

The nays were, 1:

Cormack        	
Absent or not voting, 4:

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

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 230 be immediately messaged to the Senate.
House File 395, a bill for an act relating to solid waste by
removing wine and alcoholic liquor from the definition of
beverage in the mandatory beverage container deposit law,
requesting the allocation of landfill alternative grant moneys,
and making encouragement of curbside recycling a public policy
of the state, was taken up for consideration
Greiner of Washington offered amendment H-3304 filed by her and
Bradley as follows:
H-3304
 1     Amend House File 395 as follows:
 2     1.  Page 2, line 19, by striking the word "shall"
 3   and inserting the following:  "may".
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-3552, to amendment H-3304,  filed by him
filed from the floor.
Shoultz of Black Hawk offered the following amendment H-3556, to
amendment H-3304, filed by him from the floor and moved its
adoption:
H-3556
 1     Amend the amendment, H-3304, to House File 395 as
 2   follows:
 3     1.  Page 1, by striking lines 2 and 3 and
 4   inserting the following:
 5     "   .  Page 2, by striking lines 19 through 21 and
 6   inserting the following:  "may use landfill
 7   alternative financial assistance moneys under section
 8   455E.11 to provide incentives with the goal of
 9   locating an end manufacturer or processor for crushed
10   recycled glass in a central location within".
11        .  Title page, line 4, by striking the word
12   "grant" and inserting the following:  "financial
13   assistance"."
14     2.  By renumbering as necessary.
Amendment H-3556 was adopted.
On motion by Greiner of Washington, amendment H-3304, as
amended, was adopted.
Amendments H-3553 and H-3554 filed by Shoultz from the floor,
were not timely filed and therefore ruled out of order.
Rants of Woodbury in the chair at 11:52 a.m
Speaker Corbett in the chair at 12:05 p.m.
Drake of Pottawattamie 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. 395)
The ayes were, 54:
Blodgett       	Boddicker      	Boggess        	Bradley
Carroll        	Churchill             	Coon           	Cormack
Cornelius      	Daggett        	Disney         	Drake
Eddie          	Ertl           	Garman         	Gipp
Greig          	Greiner        	Gries          	Hahn
Halvorson      	Hammitt        	Harrison       	Heaton
Houser         	Hurley         	Huseman        	Klemme
Kremer         	Lamberti       	Larson         	Lord
Main           	May            	Meyer          	Millage
Nelson, B.      	Nelson, L.       	Nutt           	Rants
Renken         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Van Maanen     	Vande Hoef     	Veenstra       	Weidman
Welter         	Mr. Speaker
	  Corbett
The nays were, 41:
Arnold         	Baker          	Bell           	Bernau
Branstad       	Brauns         	Brunkhorst     	Burnett
Cataldo        	Cohoon         	Connors        	Dinkla
Doderer        	Fallon         	Grundberg      	Hanson
Harper         	Holveck        	Jacobs         	Jochum
Koenigs        	Kreiman        	Larkin         	Martin
Mascher        	McCoy          	Mertz          	Metcalf
Moreland       	Mundie         	Murphy         	O'Brien
Ollie          	Running        	Salton         	Schrader
Shoultz        	Warnstadt      	Weigel         	Wise
Witt
Absent or not voting, 5:
Brammer        	Brand          	Drees          	Grubbs
Myers
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 395 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 March 29, 1995, passed the following bill in
which the concurrence of the Senate was asked:
House File 30, a bill for an act relating to the fee for a
combined hunting and fishing license and providing an effective
date and applicability provision..
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 186, a bill for an act relating to energy
conservation including making appropriations of petroleum
overcharge funds.
Also: That the Senate has on March 29, 1995, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 20, a concurrent resolution in
support of improvement in the wetland delineation process and a
moratorium on wetlands determination until the 1995 farm bill
has been passed and signed into the law by the Congress and the
President.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 255, a bill for an act relating to the
administration of the department of agriculture and land
stewardship, providing for moneys previously appropriated to the
department, and providing an effective date.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 333, a bill for an act relating to notice
requirements required for work involving drainage and levee
districts and water districts.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 400, a bill for an act providing for the
reincorporation of nonprofit corporations and providing for
retroactive applicability and effective dates.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 402, a bill for an act relating to brands registered
by the department of agriculture and land stewardship and
providing for penalties.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 407, a bill for an act relating to alkaline
manganese batteries.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 420, a bill for an act relating to the establishment
of a career pathways program to encourage career pathways
program efforts by local consortia. 
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 440, a bill for an act relating to probate including
the lien period for estates which have not been administered,
the amount which may be passed to a minor without appointing a
conservator, the distribution of an intestate estate to the
parents, and special use trusts.
JOHN F. DWYER, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:15 p.m., until 1:30 p.m.
AFTERNOON SESSION
The House reconvened at 1:40 p.m., Speaker Corbett in the chair.
CONSIDERATION OF BILLS
Appropriations Calendar
House File 481, a bill for an act appropriating federal funds
made available from federal block grants and other federal
grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated or if categorical grants are consolidated into new
or existing block grants and providing an effective and
retroactive applicability date, was taken up for consideration.
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.
Cormack 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. 481)
The ayes were, 95:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Burnett        	Carroll
Cataldo        	Churchill      	Cohoon         	Connors
Coon                  	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Fallon
Garman         	Gipp           	Greig          	Greiner
Gries          	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Witt           	Mr. Speaker
		 Corbett
The nays were, none.
Absent or not voting, 5:
Brammer        	Brand          	Brunkhorst     	Grubbs
Holveck        	
 The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 481 be immediately messaged to the Senate.
Regular Calendar
House File 346, a bill for an act relating to the verification
and defendant's signature required for uniform citations and
complaints, was taken up for consideration.
Boddicker of Cedar 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. 346)
The ayes were, 92:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Branstad       	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill      	Cohoon         	Connors
Coon                  	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Doderer        	Drees
Eddie          	Ertl           	Fallon         	Garman
Greig          	Greiner        	Gries          	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord 
Main           	Martin         	Mascher        	May
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Mundie         	Murphy         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien
Ollie          	Rants          	Renken         	Running
Salton         	Schrader       	Schulte        	Shoultz
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel 
Welter         	Wise           	Witt           	Mr. Speaker
			  Corbett
The nays were, none.
Absent or not voting, 8:
Brammer        	Brand          	Brauns         	Drake
Gipp           	Grubbs         	Holveck        	Moreland

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

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 346 be immediately messaged to the Senate.
House File 84, a bill for an act relating to a city's power to
allow eligible electors of the city to propose or request
reconsideration of a city ordinance, with report of committee
recommending passage, was taken up for consideration.
Ollie of Clinton offered the following amendment H-3461 filed by
him and moved its adoption:
H-3461
 1     Amend House File 84 as follows:
 2     1.  Page 1, by striking lines 6 through 8 and
 3   inserting the following:  "the registered voters of a
 4   city the right to request reconsideration of a city
 5   ordinance upon the filing of a petition signed by
 6   registered voters of the city equal in number to not
 7   less than twenty-five percent of the persons who voted
 8   at the last preceding city election.
 9     The right to request reconsideration of city
10   ordinances shall not extend to the following:
11     a.  Any ordinance primarily of an administrative
12   nature, including one that sets the salaries of city
13   officers or employees.
14     b.  The collection and expenditure of revenue by
15   the city.
16     c.  The creation and payment of public debt.
17     d.  The letting of contracts and granting of
18   franchises pursuant to this section.
19     e.  Any ordinance required to be enacted by state
20   or federal law.
21     f.  Amendments affecting the city zoning
22   ordinance."
23     2.  Title page, line 1, by striking the words
24   "eligible electors" and inserting the following:
25   "registered voters".
26     3.  Title page, line 2, by striking the words
27   "propose or".
Amendment H-3461 was adopted.
Hanson of Black Hawk 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. 84)
The ayes were, 94:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Burnett 
Cataldo        	Churchill      	Cohoon         	Connors
Coon                  	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Fallon
Garman         	Greig          	Greiner        	Gries
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Mertz          	Metcalf
Meyer          	Millage        	Moreland       	Mundie 
Murphy         	Myers          	Nelson, B.      	Nelson, L.
Nutt           	O'Brien        	Ollie          	Rants
Renken         	Running        	Salton         	Schrader
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Mr. Speaker
	  Corbett
The nays were, none.
Absent or not voting, 6:
Brammer        	Brand          	Carroll        	Gipp          
	Grubbs         	Houser         	
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 84 be immediately messaged to the Senate.
House File 111, a bill for an act exempting from regulation
certain homeowners' association swimming pools, with report of
committee recommending amendment and passage, was taken up for
consideration.
Larson of Linn asked and received unanimous consent to defer
action on the committee amendment H-3335.
O'Brien of Boone offered the following amendment H-3076 filed by
him and moved its adoption:
H-3076
 1     Amend House File 111 as follows:
 2     1.  Page 1, lines 11 and 12, by striking the
 3   words:  "representing twenty-five or fewer dwelling
 4   units".
Amendment H-3076 was adopted, placing out of order the committee
amendment H-3335, previously deferred, filed on March 17, 1995.
Larson of Linn 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. 111)
The ayes were, 72:
Arnold         	Baker          	Bell           	Blodgett 
Boddicker      	Boggess        	Bradley        	Branstad
Brauns         	Brunkhorst     	Carroll        	Cataldo
Churchill      	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Drake
Eddie          	Ertl           	Fallon         	Garman
Gipp           	Greig          	Greiner        	Gries
Grundberg      	Hahn           	Halvorson      	Hammitt
Harrison       	Heaton         	Houser         	Hurley
Huseman        	Jacobs         	Klemme         	Kremer
Lamberti       	Larson         	Lord           	Main
Martin         	McCoy          	Mertz          	Metcalf
Meyer          	Millage        	Moreland       	Mundie
Myers          	Nutt           	O'Brien        	Rants
Renken         	Salton         	Schulte        	Siegrist 
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Welter         	Mr. Speaker
			   Corbett
The nays were, 25:
Bernau         	Burnett        	Cohoon         	Connors
Doderer        	Drees          	Hanson         	Harper
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Mascher        	May            	Murphy
Nelson, B.      	Nelson, L.       	Ollie          	Running
Schrader       	Shoultz        	Weigel         	Wise
Witt

Absent or not voting, 3:
Brammer        	Brand          	Grubbs
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 111 be immediately messaged to the Senate.
House File 281, a bill for an act relating to the radio-based
communications system transmission of communicable disease
information relative to persons being sought or assisted by
certain persons in an emergency situation and providing a
penalty, with report of committee recommending amendment and
passage, was taken up for consideration.
Kremer of Buchanan offered the following amendment H-3383 filed
by the committee on judiciary and moved its adoption:
H-3383
 1     Amend House File 281 as follows:
 2     1.  Page 2, line 32, by inserting after the word
 3   "who" the following:  "knowingly".
The committee amendment H-3383 was adopted.
Kremer of Buchanan 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. 281)
The ayes were, 96:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Mundie         	Murphy         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien
Ollie          	Rants          	Renken         	Running
Salton         	Schrader       	Schulte        	Shoultz 
Siegrist       	Sukup          	Teig           	Thomson 
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Mr. Speaker
			  Corbett
The nays were, 1:
Moreland       	
Absent or not voting, 3:
Brammer        	Brand          	Grubbs         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 281 be immediately messaged to the Senate.
House File 163, a bill for an act providing for interests by
persons in certain entities owning or leasing agricultural land,
and making penalties applicable, with report of committee
recommending passage, was taken up for consideration.
The House stood at ease at 2:43 p.m., until the fall of the
gavel.
The House resumed session at  4:07 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed fifty-six members present,
forty-four absent.
Weigel of Chickasaw asked and received unanimous consent to
defer action on amendment H-3376.
Mundie of Webster offered the following amendment H-3416 filed
by him and moved its adoption:
H-3416
 1     Amend House File 163 as follows:
 2     1.  Page 1, line 2, by striking the word
 3   "subsection" and inserting the following:
 4   "subsections".
 5     2.  Page 1, by inserting after line 7 the
 6   following:
 7     NEW SUBSECTION.  10A.  "Farmer" means a person who
 8   is one of the following:
 9     a.  A person who regularly participates in physical
10   labor or the day-to-day management of a farming
11   operation and who files a schedule F as part of the
12   person's annual form 1040 filing with the United
13   States internal revenue service.
14     b.  A person who qualified under paragraph "a" for
15   twenty or more years in the past."
16     3.  Page 1, by inserting after line 30, the
17   following:
18     "Sec. ___.  Section 9H.5, Code 1995, is amended by
19   adding the following new subsection:
20     NEW SUBSECTION.  2A.  If a person who is a
21   stockholder of an authorized farm corporation, a
22   member of an authorized limited liability company, a
23   beneficiary of an authorized trust, or a limited
24   partner of a limited partnership proposes to transfer
25   an interest in the authorized entity to a person other
26   than a farmer stockholder, a farmer member, a farmer
27   beneficiary, or a farmer limited partner, the
28   transferor must first offer to sell or dispose of the
29   interest to each of the farmer stockholders, farmer
30   members, farmer beneficiaries, or farmer limited
31   partners on the same terms and at the same price as
32   proposed to the person who is not a farmer
33   stockholder, farmer member, farmer beneficiary, or
34   farmer limited partner.  Each farmer stockholder,
35   farmer member, farmer beneficiary, or farmer limited
36   partner shall have ten business days after being given
37   notice of the terms and price of the proposed transfer
38   in which to exercise the right to purchase the
39   interest by submitting a binding offer to the
40   transferor on the same terms as the proposed transfer,
41   with execution of the transfer to occur within thirty
42   days after the offer unless otherwise agreed by the
43   parties.  If more than one farmer stockholder, farmer
44   member, farmer beneficiary, or farmer limited partner
45   exercises the right to purchase the interest, the
46   transferor shall transfer the interest according to
47   terms negotiated between the parties.  After the
48   expiration of either the period for offer or the
49   period for execution without the submission of an
50   offer or an execution, the transferor may sell or

Page 2  

 1   otherwise dispose of the interest to any other person
 2   on the terms upon which it was offered to the farmer
 3   stockholders, farmer members, farmer beneficiaries, or
 4   farmer limited partners.  However, this subsection
 5   shall not apply to a transfer of an interest between
 6   persons related to each other as spouse, parent,
 7   grandparent, lineal ascendants of grandparents or
 8   their spouses and other lineal descendants of the
 9   grandparents or their spouses or persons acting in a
10   fiduciary capacity for persons so related."
11     4.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 30, nays 39.
Amendment H-3416 lost.
Weigel of Chickasaw offered the following amendment H-3426 filed
by him and moved its adoption:
H-3426
 1     Amend House File 163 as follows:
 2     1.  Page 1, line 2, by striking the word
 3   "subsection" and inserting the following:
 4   "subsections".
 5     2.  Page 1, by inserting after line 7 the
 6   following:
 7     "NEW SUBSECTION.  8B.  "Family farm entity" means a
 8   family farm corporation, family farm limited liability
 9   company, family farm partnership, or family trust.
10     NEW SUBSECTION.  10A.  "Farmer" means a natural
11   person who is one of the following:
12     a.  A person who regularly participates in physical
13   labor or the day-to-day management of a farming
14   operation and who files a schedule F as part of the
15   person's annual form 1040 filing with the United
16   States internal revenue service.
17     b.  A person who qualified under paragraph "a" for
18   twenty or more years in the past."
19     3.  Page 1, line 11, by inserting after the word
20   "person" the following:  ", other than a family farm
21   entity or a farmer,".
22     4.  Page 1, by striking line 13 and inserting the
23   following:  "entity.  A farmer or family farm entity
24   who holds an interest in an authorized entity shall
25   not hold an interest in another authorized entity, if
26   all authorized entities in which the farmer or family
27   farm entity would".
28     5.  Page 1, line 16, by striking the word "person"
29   and inserting the following:  "farmer or family farm
30   entity".
31     6.  Page 1, line 17, by striking the word "person"
32   and inserting the following:  "farmer or family farm
33   entity".
Roll call was requested by Weigel of Chickasaw and Murphy of
Dubuque.
On the question "Shall amendment H-3426 be adopted?" (H.F. 163)
The ayes were, 37:
Arnold         	Baker          	Bernau         	Branstad
Burnett        	Cataldo        	Cohoon         	Connors
Coon           	Cormack        	Doderer        	Drees
Fallon         	Garman         	Harper         	Holveck
Jochum         	Koenigs        	Kreiman        	Mascher
May            	McCoy          	Mertz          	Moreland
Mundie         	Murphy         	Myers          	Nelson, L.
O'Brien        	Running        	Schrader       	Shoultz
Sukup          	Warnstadt      	Weigel         	Wise
Witt           	
The nays were, 55:
Bell           	Blodgett       	Boddicker      	Boggess
Bradley        	Brauns         	Brunkhorst     	Carroll
Churchill             	Corbett, Spkr.	Cornelius      	Daggett
Dinkla         	Disney         	Drake          	Eddie 
Ertl           	Gipp           	Greig          	Greiner
Gries          	Grundberg      	Hahn           	Hammitt 
Hanson         	Harrison       	Heaton         	Houser 
Hurley         	Huseman        	Jacobs         	Klemme
Kremer         	Lamberti       	Larson         	Lord
Main           	Martin         	Metcalf        	Meyer
Nelson, B.      	Nutt           	Rants          	Renken
Salton         	Schulte        	Siegrist       	Teig
Thomson        	Tyrrell        	Vande Hoef     	Veenstra
Weidman        	Welter         	Van Maanen,
		  Presiding
Absent or not voting, 8:
Brammer        	Brand          	Grubbs         	Halvorson
Larkin         	Millage        	Ollie          	Van Fossen 
Amendment H-3426 lost.

Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-3381 filed by him on March 21, 1995.
Weigel of Chickasaw asked and received unanimous consent to
defer action on amendment H-3424.
Weigel of Chickasaw offered the following amendment H-3425 filed
by him and moved its adoption:
H-3425
 1     Amend House File 163 as follows:
 2     1.  Page 1, by inserting after line 7 the
 3   following:
 4     "Sec. ___.  Section 9H.1, subsection 3, Code 1995,
 5   is amended to read as follows:
 6     3.  "Authorized farm corporation" means a
 7   corporation other than a family farm corporation
 8   founded for the purpose of farming and the ownership
 9   of agricultural land in which all of the following
10   applies:
11     a.  The stockholders do not exceed twenty-five in
12   number; and.
13     b.  The stockholders are all natural persons or
14   persons acting in a fiduciary capacity for the benefit
15   of natural persons or nonprofit corporations.
16     c.  The stockholders holding seventy-five percent
17   or more of the control and financial investment in the
18   corporation are farmers residing in Iowa.
19     Sec. ___.  Section 9H.1, Code 1995, is amended by
20   adding the following new subsection:
21     NEW SUBSECTION.  10A.  "Farmer" means a person who
22   regularly participates in physical labor or the day-
23   to-day management of a farming operation and who files
24   a schedule F as part of the person's annual form 1040
25   filing with the United States internal revenue
26   service."
27     2.  Page 2, by inserting after line 17 the
28   following:
29     "Sec. ___.  NEW SECTION.  9H.12  AUTHORIZED FARM
30   CORPORATIONS ESTABLISHED PRIOR TO THE EFFECTIVE DATE
31   OF THIS ACT.
32     An authorized farm corporation established before
33   the effective date of this Act may continue to hold or
34   lease agricultural land as provided prior to the
35   effective date of this Act for as long as the
36   authorized farm corporation continues to hold or lease
37   such agricultural land."
38     3.  By renumbering as necessary.
Roll call was requested by Weigel of Chickasaw and Fallon of
Polk.
On the question "Shall amendment H-3425 be adopted?" (H.F. 163)
The ayes were, 34:
Baker          	Bell           	Bernau         	Burnett 
Cataldo        	Cohoon         	Coon           	Doderer
Drees          	Fallon         	Garman         	Harper
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Mascher        	May            	McCoy
Mertz          	Moreland       	Mundie         	Murphy 
Myers          	Nelson, L.       	Ollie          	Running
Schrader       	Shoultz        	Warnstadt      	Weigel 
Wise           	Witt           	

The nays were, 59:

Arnold         	Blodgett       	Boddicker      	Boggess
Bradley        	Brauns         	Brunkhorst     	Carroll
Churchill             	Corbett, Spkr.	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Drake
Eddie          	Ertl           	Gipp           	Greig
Greiner        	Gries          	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harrison
Heaton         	Hurley         	Huseman        	Jacobs
Klemme         	Kremer         	Lamberti       	Larson
Lord           	Main           	Martin         	Metcalf
Meyer          	Millage        	Nelson, B.      	Nutt
Rants          	Renken         	Salton         	Schulte
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra
Weidman        	Welter         	Van Maanen,
		  Presiding
Absent or not voting, 7:
Brammer        	Brand          	Branstad       	Connors
Grubbs         	Houser         	O'Brien
Amendment H-3425 lost.

Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-3413 filed by him on March 22, 1995.
Weigel of Chickasaw offered the following amendment H-3535 filed
by him and moved its adoption:
H-3535
 1     Amend House File 163 as follows:
 2     1.  Page 1, line 11, by inserting before the word
 3   "A" the following:  "A person shall not hold an
 4   interest in more than two authorized entities."
 5     2.  Page 1, line 12, by striking the word
 6   "another" and inserting the following:  "a second".
 7     3.  Page 1, line 13, by striking the word "all"
 8   and inserting the following:  "both".
 9     4.  Page 1, line 16, by striking the words "more
10   than one" and inserting the following:  "two".
11     5.  Page 1, lines 16 and 17, by striking the words
12   "entity, all" and inserting the following:  "entities,
13   both".
Roll call was requested by Weigel of Chickasaw and Fallon of
Polk.
On the question "Shall amendment H-3535 be adopted?" (H.F. 163)
The ayes were, 33:
Baker          	Bell           	Bernau         	Burnett
Cataldo        	Cohoon         	Doderer        	Drees
Fallon         	Garman         	Harper         	Holveck
Jochum         	Koenigs        	Kreiman        	Larkin
Mascher        	May            	Mertz          	Moreland
Mundie         	Murphy         	Myers          	Nelson, L.
O'Brien        	Ollie          	Running        	Schrader
Shoultz        	Sukup          	Warnstadt      	Weigel
Wise           	
The nays were, 60:
Arnold         	Blodgett       	Boddicker      	Boggess
Bradley        	Branstad       	Brunkhorst     	Carroll
Churchill      	Coon                  	Corbett, Spkr.	Cormack
Cornelius      	Daggett        	Dinkla         	Disney 
Drake          	Eddie          	Ertl           	Gipp
Greig          	Greiner        	Gries          	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson 
Harrison       	Heaton         	Houser         	Hurley
Huseman        	Jacobs         	Klemme         	Kremer
Lamberti       	Larson         	Lord           	Main
Martin         	Metcalf        	Meyer          	Millage
Nelson, B.      	Nutt           	Rants          	Renken 
Salton         	Schulte        	Siegrist       	Teig
Thomson        	Tyrrell        	Vande Hoef     	Veenstra
Weidman        	Welter         	Witt           	Van Maanen,
			  Presiding
Absent or not voting, 7:
Brammer        	Brand          	Brauns         	Connors
Grubbs         	McCoy          	Van Fossen 
Amendment H-3535 lost.

Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-3376, previously deferred,  filed by him on
March 21, 1995.
Weigel of Chickasaw offered the following amendment H-3424,
previously deferred,  filed by him and moved its adoption:
H-3424
 1     Amend House File 163 as follows:
 2     1.  Page 1, by inserting after line 7 the
 3   following:
 4     "Sec. ___.  Section 9H.1, subsection 3, Code 1995,
 5   is amended to read as follows:
 6     3.  "Authorized farm corporation" means a
 7   corporation other than a family farm corporation
 8   founded for the purpose of farming and the ownership
 9   of agricultural land in which all of the following
10   applies:
11     a.  The stockholders do not exceed twenty-five in
12   number; and.
13     b.  The stockholders are all natural persons or
14   persons acting in a fiduciary capacity for the benefit
15   of natural persons or nonprofit corporations.
16     c.  The revenue of the corporation from rent,
17   royalties, dividends, interest, and annuities does not
18   exceed twenty percent of its gross receipts."
19     2.  Page 2, by inserting after line 17 the
20   following:
21     "Sec. ___.  NEW SECTION.  9H.12  AUTHORIZED FARM
22   CORPORATIONS ESTABLISHED PRIOR TO THE EFFECTIVE DATE
23   OF THIS ACT.
24     An authorized farm corporation established before
25   the effective date of this Act may continue to hold or
26   lease agricultural land as provided prior to the
27   effective date of this Act for as long as the
28   authorized farm corporation continues to hold or lease
29   such agricultural land."
30     3.  By renumbering as necessary.
Roll call was requested by Weigel of Chickasaw and Fallon of
Polk.
On the question "Shall amendment H-3424 be adopted?" (H.F. 163)
The ayes were, 31:
Baker          	Bell           	Bernau         	Burnett 
Cataldo        	Cohoon         	Doderer        	Drees
Fallon         	Harper         	Holveck        	Jochum
Koenigs        	Kreiman        	Larkin         	Mascher
May            	McCoy          	Mertz          	Moreland
Mundie         	Murphy         	Nelson, L.       	O'Brien 
Ollie          	Running        	Schrader       	Shoultz
Weigel         	Wise           	Witt           	
The nays were, 62:
Arnold         	Blodgett       	Boddicker      	Boggess
Bradley        	Branstad       	Brauns         	Brunkhorst 
Carroll        	Churchill      	Coon           	Corbett, Spkr.
Cormack        	Cornelius      	Daggett        	Dinkla
Disney         	Drake          	Eddie          	Ertl
Garman         	Gipp           	Greig          	Greiner
Gries          	Hahn           	Halvorson      	Hammitt
Hanson         	Harrison       	Heaton         	Houser
Hurley         	Huseman        	Jacobs         	Klemme
Kremer         	Lamberti       	Larson         	Lord
Main           	Martin         	Metcalf        	Meyer
Millage        	Nelson, B.      	Nutt           	Rants
Renken         	Salton         	Schulte        	Siegrist 
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Weidman
Welter         	Van Maanen,
	   Presiding     	
Absent or not voting, 7:
Brammer        	Brand          	Connors               	Grubbs
Grundberg      	Myers          	Warnstadt
Amendment H-3424 lost.
Meyer of Sac 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. 163)
The ayes were, 65:
Arnold         	Baker          	Bell           	Blodgett      
	Boddicker      	Boggess        	Bradley        	Brauns        
	Brunkhorst     	Carroll        	Churchill      	Coon           
      	Corbett, Spkr.	Cormack        	Cornelius      	Daggett   
    	Dinkla         	Disney         	Drake          	Eddie      
Ertl           	Gipp           	Greig          	Greiner       
	Gries          	Grundberg      	Hahn           	Halvorson     
	Hammitt        	Hanson         	Harrison       	Heaton        
	Houser         	Hurley         	Huseman        	Jacobs        
	Klemme         	Kremer         	Lamberti       	Larson        
	Lord           	Main           	Martin         	Mertz         
	Metcalf        	Meyer          	Millage        	Nelson, B.     
	Nutt           	Rants          	Renken         	Salton        
	Schulte        	Siegrist       	Sukup          	Teig          
	Thomson        	Tyrrell        	Van Fossen     	Vande Hoef    
	Veenstra       	Weidman        	Welter         	Witt          
	Van Maanen,
  Presiding
The nays were, 32:
Bernau         	Brand          	Branstad       	Burnett 
Cataldo        	Cohoon         	Doderer        	Drees
Fallon         	Garman         	Harper         	Holveck
Jochum         	Koenigs        	Kreiman        	Larkin
Mascher        	May            	McCoy          	Moreland 
Mundie         	Murphy         	Myers          	Nelson, L.
O'Brien        	Ollie          	Running        	Schrader
Shoultz        	Warnstadt      	Weigel         	Wise
Absent or not voting, 3:
Brammer        	Connors        	Grubbs
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 163 be immediately messaged to the Senate.
Special Order Calendar
House File 166, a bill for an act relating to procedures and
criteria for recovery by private property owners due to inverse
condemnation of real property by state government action and
providing an applicability date, with report of committee
recommending amendment and passage, was taken up for
consideration.
Mertz of Kossuth offered amendment H-3327 filed by the committee
on agriculture as follows:
H-3327
 1     Amend House File 166 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  NEW SECTION.  651A.1  WHO MAY BRING
 5   ACTION.
 6     An action to recover just compensation for an
 7   inverse condemnation of private farm property may be
 8   brought by any person having an ownership interest in
 9   the private farm property.
10     Sec. 2.  NEW SECTION.  651A.2  DEFINITIONS.
11     As used in this chapter, unless the context
12   otherwise requires:
13     1.  "Constitutional taking" means that due to a
14   governmental action, private farm property is taken in
15   such a manner that compensation to the owner is
16   required by either the fifth or fourteenth amendment
17   to the Constitution of the United States, or article
18   I, section 18, of the Constitution of the State of
19   Iowa.
20     2.  "Farm operation" means a condition or activity
21   which occurs on a farm in connection with the
22   production of agricultural commodities, including, but
23   not limited to, the raising, harvesting, drying, or
24   storage of crops; the maintenance of pasture or
25   grassland; the care or feeding of livestock including
26   poultry; the handling or transportation of crops or
27   livestock including poultry; the production of eggs or
28   milk; the production of fruit or other horticultural
29   crops; the treatment or disposal of wastes resulting
30   from livestock; the creation of noise, odor, dust, or
31   fumes; the operation of machinery and irrigation
32   pumps; ground and aerial seeding and spraying; the
33   application of pesticides as defined in section 206.2;
34   and the employment and use of labor.
35     3.  a.  "Governmental action" means any of the
36   following:
37     (1)  Rules of a state agency adopted pursuant to
38   chapter 17A that, if enforced against private farm
39   property, would directly limit the use of private farm
40   property.
41     (2)  Conditions, requirements, or limitations for
42   licenses or permits issued or granted by a state
43   agency which, if applied to private farm property,
44   directly limits the use of the private farm property.
45     (3)  Required dedications or exactions from owners
46   of private farm property by a state agency.
47     b.  "Governmental action" does not include any of
48   the following:
49     (1)  Activities as to which the power of eminent
50   domain is formally exercised.
Page 2  
 1     (2)  The repeal or amendment of rules which results
 2   in the discontinuation of government programs or
 3   changes to rules which lessen the interference with
 4   the use of private farm property.
 5     (3)  Law enforcement activities involving seizure
 6   or forfeiture of private farm property for violations
 7   of law or for use as evidence in criminal proceedings.
 8     (4)  Orders that are authorized by statute, are
 9   issued by a state agency or court, and result from the
10   violation of a state law.
11     (5)  A rule or regulation required to be adopted by
12   the state pursuant to federal law.
13     (6)  A rule, regulation, or requirement adopted by
14   a municipality, as defined by section 670.1.
15     (7)  A rule, regulation, or requirement adopted by
16   a county including, but not limited to, county
17   legislation as provided in section 331.302.
18     4.  "Inverse condemnation" means an action to
19   recover just compensation for a constitutional or
20   regulatory taking of private farm property.
21     5.  "Private farm property" means any real property
22   suitable for use in a farm operation, including farm
23   dwellings, improvements, and buildings or structures
24   incidental to farm operations, in this state that is
25   owned by a person other than the state, a political
26   subdivision, or other governmental entity and if the
27   property is protected pursuant to either the fifth or
28   fourteenth amendment to the Constitution of the United
29   States, or article I, section 18, of the Constitution
30   of the State of Iowa.
31     6.  "Regulatory taking" means government action
32   that reduces the fair market value of the private farm
33   property by more than fifty percent.
34     Sec. 3.  NEW SECTION.  651A.3  JURISDICTION.
35     An action for inverse condemnation shall be brought
36   in the county where the private farm property alleged
37   to be subject to an inverse condemnation is located.
38   The action shall be tried by ordinary proceedings.
39     Sec. 4.  NEW SECTION.  651A.4  VERDICT -- SPECIAL.
40     The verdict shall initially indicate whether the
41   plaintiff is entitled to recover for an inverse
42   condemnation of the plaintiff's private farm property.
43   If the plaintiff is entitled to recover, the verdict
44   shall then indicate the amount of the reduction in the
45   fair market value of the plaintiff's private farm
46   property due to the inverse condemnation and any
47   economic losses sustained by the plaintiff due to the
48   inverse condemnation from the time the government
49   action is taken until suit was brought.  The reduction
50   in fair market value shall be shown by specifying the
Page 3
 1   fair market value of the plaintiff's private farm
 2   property prior to or absent the constitutional or
 3   regulatory taking and by indicating the percentage
 4   reduction in value caused by the constitutional or
 5   regulatory taking.
 6     Sec. 5.  NEW SECTION.  651A.5  JUDGMENT.
 7     1.  If the special verdict indicates the plaintiff
 8   is not entitled to recover, the district court shall
 9   enter judgment for the defendant.
10     2.  If the special verdict indicates the plaintiff
11   is entitled to recover, the district court shall enter
12   an order acknowledging the special verdict.  Within
13   forty-five days following the expiration of time for
14   appeal or issuance of procedendo following appeal, the
15   defendant shall file a notice of election with the
16   district court indicating whether or not the defendant
17   will agree to rescind the government action
18   constituting the constitutional or regulatory taking.
19   If the defendant elects to agree to rescind the
20   government action, the district court shall enter
21   judgment accordingly and award the plaintiff damages
22   equal to the economic loss indicated in the special
23   verdict.  If the defendant does not elect to rescind
24   the government action, the district court shall enter
25   a judgment for damages equal to the percentage
26   reduction in the fair market value of the property.
27   In a case where judgment for the full fair market
28   value is entered and paid, the defendant shall obtain
29   title to the property.
30     The district court shall order the payment of all
31   costs and reasonable attorney fees to any party
32   successfully establishing an inverse condemnation
33   pursuant to this chapter.
34     Sec. 6.  NEW SECTION.  651A.6  REMEDY NOT
35   EXCLUSIVE.
36     This chapter does not prevent a party from seeking
37   to recover just compensation for a constitutional
38   taking in any other manner allowed by law.
39     Sec. 7.  NEW SECTION.  651A.7  WAIVER OF RIGHTS
40   VOID.
41     An agreement by a person having an ownership
42   interest to waive or otherwise release the rights
43   under this chapter as a condition of obtaining
44   government action is void unless it is in settlement
45   of a legal claim brought under the provisions of this
46   chapter.
47     Sec. 8.  NEW SECTION.  651A.8  APPLICABILITY.
48     This chapter applies only to government action
49   adopted or enforced on or after July 1, 1995."
Shoultz of Black Hawk offered the following amendment H-3486, to
the committee amendment H-3327, filed by him and moved its
adoption:
H-3486
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 1, by inserting after line 3 the
 4   following:
 5     "Section 1.  NEW SECTION.  6A.15  GIVINGS.
 6     To the extent that the state is required by a
 7   statute, rule, executive order, or policy to pay a
 8   person on account of any effect on the value of land
 9   as a result of official government action, including
10   but not limited to, pollution control, worker
11   protection, or public health and safety rules, when
12   the public payment has not been determined to be
13   constitutionally required by a court, the amount of
14   any such payment shall be reduced in whole or in part
15   by the amount by which the value of the land has been
16   increased by any act of the state, including but not
17   limited to, public funding for highways, schools, and
18   other public facilities; deductions or credits
19   reducing taxes; state grant programs; or state
20   technical or business assistance programs."
21     2.  Page 3, by inserting after line 49 the
22   following:
23     "   .  Title page, line 3, by inserting after the
24   word "action" the following:  "or other action,"."
A non-record roll call was requested.
The ayes were 22, nays 65.
Amendment H-3486 lost.
Dinkla of Guthrie offered the following amendment H-3447, to the
committee amendment H-3327, filed by Dinkla, et. al., and moved
its adoption:
H-3447
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 1, line 14, by striking the word
 4   "governmental" and inserting the following:
 5   "government".
 6     2.  Page 1, line 35, by striking the word
 7   ""Governmental" and inserting the following:
 8   ""Government".
 9     3.  Page 1, line 47, by striking the word
10   ""Governmental" and inserting the following:
11   ""Government".
12     4.  Page 2, by inserting after line 17 the
13   following:
14     "(  )  The sale of private farm property subject to
15   a lien held by a governmental entity.
16     (  )  An action involving private parties which is
17   conducted under state law, or enforced by an officer
18   of a governmental entity, including but not limited
19   to, a proceeding to enforce a debt against private
20   farm property under chapter 624, to forfeit a contract
21   to purchase private farm property under chapter 656,
22   or to otherwise levy on, execute on, seize, or attach
23   private farm property.
24     (  )  An easement granted pursuant to section
25   308.4.
26     (  )  The reduction or elimination of a benefit
27   directly or indirectly conferred upon an owner which
28   is not related to the use of the private farm property
29   and resulting from a government action, including but
30   not limited to, the removal of a facility or
31   infrastructure.
32     (  )  An action which constitutes the exercise of
33   the state's police power to prevent a demonstrable
34   harm to the public health and safety, including any
35   use of private farm property that is structurally
36   unsafe; that constitutes a fire hazard; that consti-
37   tutes a hazard to the public health or safety because
38   of inadequate maintenance, dilapidation, or
39   abandonment; or that is otherwise dangerous to human
40   life."
41     5.  Page 2, line 35, by striking the word "shall"
42   and inserting the following:  "may".
43     6.  Page 2, line 36, by inserting after the word
44   "in" the following:  "the district court sitting in".
45     7.  Page 3, by striking lines 21 through 23 and
46   inserting the following:  "judgment accordingly.
47   However, if the defendant rescinds the government
48   action, the damages shall be limited only to the
49   actual and demonstrable economic losses incurred by
50   the plaintiff as a result of the government action

Page 2  

 1   during the period when the government action was in
 2   effect.  If the defendant does not elect to rescind".
 3     8.  Page 3, line 31, by inserting before the word
 4   "costs" the following:  "court".
 5     9.  Page 3, by striking lines 39 through 46.
 6     10.  By renumbering as necessary.
Amendment H-3447 was adopted, placing the following amendments
out of order:
H-3457 filed by Witt of Black Hawk, et. al., on March 24, 1995.
H-3471 filed by Koenigs of Mitchell on March 27, 1995.
H-3487 filed by Shoultz of Black Hawk on March 27, 1995.
H-3509 filed by Moreland of Wapello on March 27, 1995.
Koenigs of Mitchell offered the following amendment H-3473, to
the committee amendment H-3327, filed by him and moved its
adoption.
H-3473
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 1, by inserting after line 19 the
 4   following:
 5     "   .  "Economic loss" means the future loss of
 6   income or revenue earned by the private farm property
 7   which is calculated by projecting forward income or
 8   revenue previously earned by the private farm
 9   property, but does not include the capacity of the
10   private farm property to earn income or revenue based
11   on speculative or possible uses of the private farm
12   property."
A non-record roll call was requested.
The ayes were 24, nays 59.
Amendment H-3473 lost.
Witt of Black Hawk offered the following amendment H-3458, to
the committee amendment H-3327, filed by Witt, et. al., and
moved its adoption:
H-3458
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 2, by inserting after line 17, the
 4   following:
 5     "(  )  An action necessary to protect environmental
 6   quality, including measures to preserve air and water
 7   quality, the disposal of solid or hazardous wastes,
 8   and the loss of soil from erosion."
 9     2.  By renumbering as necessary.
Roll call was requested by Witt of Black Hawk and Nelson of
Pottawattamie.
On the question "Shall amendment H-3458, to the committee
amendment H-3327, be adopted?" (H.F. 166)
The ayes were, 30:
Bernau         	Brand          	Burnett        	Doderer
Drees          	Fallon         	Grundberg      	Harper
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Mascher        	May            	McCoy
Moreland       	Mundie         	Murphy         	Myers
Nelson, L.       	O'Brien        	Ollie          	Running
Schrader       	Shoultz        	Warnstadt      	Weigel
Wise           	Witt           	
The nays were, 66:
Arnold         	Baker          	Bell           	Blodgett 
Boddicker      	Boggess        	Bradley        	Branstad
Brauns         	Brunkhorst     	Carroll        	Cataldo
Churchill      	Coon                  	Corbett, Spkr.	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Drake          	Eddie          	Ertl           	Garman
Gipp           	Greig          	Greiner        	Gries
Hahn           	Halvorson      	Hammitt        	Hanson 
Harrison       	Heaton         	Houser         	Hurley 
Huseman        	Jacobs         	Klemme         	Kremer
Lamberti       	Larson         	Lord           	Main 
Martin         	Mertz          	Metcalf        	Meyer
Millage        	Nelson, B.      	Nutt           	Rants
Renken         	Salton         	Schulte        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Weidman
Welter         	Van Maanen,
	  Presiding
Absent or not voting, 4:
Brammer        	Cohoon         	Connors        	Grubbs
Amendment H-3458 lost.
Koenigs of Mitchell offered amendment H-3472, to the committee
amendment H-3327, filed by him as follows:
H-3472
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 2, by inserting after line 17 the
 4   following:
 5     "   .  "Homeowner" means a person who owns and
 6   permanently occupies a residence that the person may
 7   claim as a homestead under chapter 425."
 8     2.  Page 3, by inserting after line 46 the follow-
 9   ing:
10     "Sec. ___.  NEW SECTION.  651A.7A  HOMEOWNER RIGHT
11   OF ACTION.
12     1.  A homeowner may commence an action in state
13   court in the district where the homeowner's residence
14   is located to recover financial compensation for any
15   diminution or loss in the value of the homeowner's
16   homestead against any person whose activity conducted
17   pursuant to state law has caused or significantly
18   contributed to the diminution or loss in value of the
19   homestead.  In bringing such action, the homeowner
20   shall have the burden of demonstrating that the
21   activity conducted by the defendant pursuant to state
22   law caused a reduction in the value or use of the
23   homeowner's homestead.
24     2.  A homeowner authorized to bring suit under this
25   section shall be entitled to recover against the
26   person an amount equal to the diminution or loss in
27   value of the homestead.  Compensation for diminution
28   or loss in value shall be determined by the fair
29   market value of the homestead in the absence of the
30   challenged activity minus the fair market value of the
31   homestead reduced by the effects of the activity.  The
32   court also may enjoin violations of any statute, rule,
33   or permit, the violation of which has caused or
34   contributed to the diminution or loss of the
35   homeowner's homestead value.
36     3.  A homeowner who receives a compensation award
37   under this section shall be awarded reasonable
38   attorney's fees, including the cost of expert
39   witnesses and other reasonable court costs as are
40   necessarily incurred by the prevailing homeowner.
41     4.  Prior to filing suit under this section, a
42   homeowner shall deliver a notice of intent to sue to
43   the person allegedly liable under this section, and to
44   the head of the agency implementing the law governing
45   the challenged activity, at least thirty days prior to
46   the filing of the suit.  If either party requests that
47   the agency attempt to achieve an informal resolution
48   of a claim, the agency head shall convene a meeting of
49   the parties and use best efforts to arrive at a just
50   resolution of the claim in order to avoid unnecessary

Page 2  

 1   litigation costs."
 2     3.  Page 3, by inserting after line 49 the
 3   following:
 4     "   .  Title page, line 3, by inserting after the
 5   word "action" the following:  "or other action,"."
Eddie of Buena Vista rose on a point of order that amendment
H-3472 was not germane to the committee amendment H-3327.
The Speaker ruled the point well taken and amendment H-3472 not
germane to the committee amendment H-3327.
Schrader of Marion offered the following amendment H-3544, to
the committee amendment H-3327,  filed by him and moved its
adoption:
H-3544
 1     Amend the amendment, H-3327, to House File 166 as
 2   follows:
 3     1.  Page 2, line 22, by striking the words
 4   "suitable for use" and inserting the following:
 5   "used".
Amendment H-3544 lost.
Schrader of Marion offered amendment H-3578, to the committee
amendment H-3327, filed by him from the floor as follows:
H-3578
 1     Amend the amendment, H-3327, to House File 166, as
 2   follows:
 3     1.  Page 2, line 32, by striking the words "the
 4   private" and inserting the following:  "private".
 5     2.  Page 2, line 33, by inserting after the word
 6   "property" the following:  ", including all real
 7   property contiguous to the impacted parcel owned by a
 8   person claiming that a taking has occurred,".
Gipp of Winneshiek in the chair at 8:23 p.m.
Speaker pro tempore Van Maanen of  Marion in the chair at 8:32
p.m.
On motion by Schrader of Marion, amendment H-3578 , to the
committee amendment H-3327, lost.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 166 be deferred and that the bill be placed on
the unfinished business calendar, Special Order Calendar March
29, 1995.
(The committee amendment H-3327 pending)
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 29, 1995, amended and passed the
following bill in which the concurrence of the House is asked:
House File 113, a bill for an act relating to the definition of
resident for the purpose of obtaining licenses to hunt, fish,
trap, or take protected species of animals.
Also: That the Senate has on March 29, 1995, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 132, a bill for an act making supplemental
appropriations for the fiscal year beginning July 1, 1994, and
providing an effective date.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 79, a bill for an act relating to the transfer of
dogs to educational and scientific institutions by pounds.
 Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 292, a bill for an act relating to the powers and
duties of the department of natural resources by authorizing the
use of certain revenue to repay loans related to sewage
collection and treatment plants in state parks and recreation
areas.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 447, a bill for an act relating to erosion occurring
on the site of construction projects by providing civil
penalties for violations.
Also: That the Senate has on March 29, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 462, a bill for an act relating to appropriations
for the department of human services and the prevention of
disabilities policy council and including other provisions and
appropriations involving human services and health care and
providing for effective and applicability dates.
JOHN F. DWYER, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 28,
1995. Had I been present, I would have voted "aye" on House File
528.
BRADLEY of Clinton
I was necessarily absent from the House chamber on March 27,
1995. Had I been present, I would have voted "aye" on House File
135.
MORELAND of Wapello
I was necessarily absent from the House chamber on March 27 and
March 28, 1995. Had I been present, I would have voted "aye" on
House Files 394 and 528.
THOMSON of Linn
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Thirty-one students from Ruthven High School, Ruthven,
accompanied by Jon Josephson. By Salton of Palo Alto.
Fifteen senior students from Charles City Community School,
Charles City, accompanied by Chuck Redenius. By Koenigs of
Mitchell.
 Thirty twelfth grade students from Woodbury Central High
School, Moville, accompanied by Karl Bahrke and Cindy Baird. By
Klemme of Plymouth.
Eighty-eight fifth grade students from Western Hills Elementary,
West Des Moines, accompanied by Mary Huggins, Mrs. Strentz and
Mrs. Waninger. By Jacobs of Polk.
Thirty-four Junior Class students from Underwood High School,
Underwood, accompanied by Ms. Amy Miller and five teachers from
Underwood. By Drake of Pottawattamie.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1995\163	Natalie Siefer, Storm Lake - For being named to the
Class 3A Basketball 1st All State Team. 
1995\164	Larry Peterson, Sioux Rapids - For being elected to the
Iowa High School Officials Hall of Fame.
1995\165	J.D. Rios, Davenport - For being named the Mississippi
Athletic Conference Coach of the Year.
1995\166	Michael Chrisman, Sheldon - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
Senate File 106
State Government: Jacobs, Chair; Bradley and Connors.
Senate File 197
State Government: Drake, Chair; Houser and Running.
Senate File 239
Judiciary: Kremer, Chair; Bernau and Veenstra.
Senate File 258
Judiciary: Dinkla, Chair; Holveck and Hurley.	
Senate File 284
Judiciary: Veenstra, Chair; Greiner and Moreland.
 Senate File 285
Labor and Industrial Relations: Lord, Chair; Harper and Kremer.
Senate File 286
Labor and Industrial Relations: Kremer, Chair; Bell and Veenstra.
Senate File 337
State Government: Bradley, Chair; Connors and Gipp.
Senate File 349
Judiciary: Hurley, Chair; Kreiman and Lamberti.
Senate File 371
Judiciary: Schulte, Chair; Doderer and Greiner.
Senate File 373
Judiciary: Harrison, Chair; Greiner and Shoultz.
Senate File 386
Judiciary: Harrison, Chair; Bell and Greiner.
Senate File 398
Judiciary: Lamberti, Chair; Bernau and Harrison.
Senate File 403
Judiciary: Greiner, Chair; Harrison and Moreland.
Senate File 409
Judiciary: Nutt, Chair; Greiner and Kreiman.
Senate File 417
Judiciary: Dinkla, Chair; Boddicker and Moreland.
Senate File 428
Judiciary: Lamberti, Chair; Harrison and Moreland.
Senate File 432
Judiciary: Coon, Chair; Doderer and Lamberti.
Senate File 437
State Government: Gipp, Chair; Jacobs, Jochum, Larkin and Martin.
Senate File 438
Judiciary: Schulte, Chair; Greiner and Moreland.
Senate File 439
Judiciary: Kremer, Chair; Bell and Nutt.
Senate File 446
Judiciary: Grubbs, Chair; Kreiman and Veenstra.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT
House Study Bill 324
Ways and Means: Dinkla, Chair; Bernau, Greig, Halvorson and
Myers.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has  been received
and is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON AGRICULTURE
Senate File 85, a bill for an act providing for the regulation
of farm deer and making penalties applicable.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3555 March 28,
1995.
COMMITTEE ON APPROPRIATIONS
House File 482, a bill for an act relating to the funding for
the Iowa communications network and providing an appropriation.
Fiscal Note is not required.
Recommended Do Pass March 28, 1995.
COMMITTEE ON COMMERCE-REGULATION
Senate File 162, a bill for an act eliminating the minimum
amount which must be borrowed under a home equity line of credit.
Fiscal Note is not required.
Recommended Do Pass March 28, 1995.
Senate File 175, a bill for an act relating to the definition of
the federal Truth in Lending Act in the Iowa consumer credit
code.
Fiscal Note is not required.
Recommended Do Pass March 28, 1995.
Senate File 271, a bill for an act relating to the authorization
of a bank office where a state bank may maintain its management
and bookkeeping functions.
Fiscal Note is not required.
Recommended Do Pass March 28, 1995.
COMMITTEE ON HUMAN RESOURCES   
   Senate File 352, a bill for an act relating to the family
investment program and related human services programs by
requiring the department of human services to apply for certain
federal waivers and providing applicability provisions.
Fiscal Note is not required.
Recommended Do Pass March 28, 1995.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House Study Bill 141), relating to the
collection of taxes and debts owed to or collected by the state,
including the renewal of registrations and certificates of
title, the publication of information pertaining to certain
taxes and debts, providing for an administrative levy to seize
certain accounts of a debtor, the denial, revocation,
suspension, or renewal of licenses authorized by the state,
providing for thirty-day delinquencies for collection of fines,
penalties, fees, court costs, surcharges, and restitutions,
redistributing collected amounts, creating a driver's license
indebtedness clearance pilot project, and other related matters,
and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 29, 1995.
Committee Bill (Formerly House Study Bill 324), relating to the
definition of business income for purposes of the state
corporate income tax and providing effective and applicability
date provisions.
Fiscal Note is not required.
Recommended Do Pass March 29, 1995.
RESOLUTION FILED
HCR 36, by Weigel, Koenigs, Warnstadt and Gipp, a concurrent
resolution urging the release of two United States citizens,
including one Iowan, from confinement in Iraq.
Laid over under Rule 25.
AMENDMENTS FILED
H-3555	S.F.	85	Committee on Agriculture
H-3557	H.F.	530	Mascher of Johnson
			Murphy of Dubuque
H-3558	H.J.R.	14	Siegrist of Pottawattamie
H-3559	H.F.	256	Sukup of Franklin
			Wise of Lee
H-3560	H.F.	330	Kremer of Buchanan
			Grundberg of Polk
H-3561	H.F.	334	Cornelius of Jackson
H-3562	H.F.	343	Shoultz of Black Hawk
H-3563	H.F.	519	Drees of Carroll
H-3564	H.F.	519	Drees of Carroll
H-3565	H.F.	519	Fallon of Polk
H-3566	H.F.	519	Fallon of Polk
H-3567	H.F.	519	Fallon of Polk
H-3568	H.F.	519	Fallon of Polk
H-3569	H.F.	519	Fallon of Polk
H-3570	H.F.	519	Fallon of Polk
H-3571	H.F.	519	Mundie of Webster
H-3572	H.F.	519	Mundie of Webster
H-3573	H.F.	535	Wise of Lee
H-3574	S.F.	352	Harper of Black Hawk
H-3575	S.F.	278	Boggess of Taylor
H-3576	S.F.	266	Ollie of Clinton
H-3577	H.F.	530	Weigel of Chickasaw
H-3579	H.F.	530	Kremer of Buchanan
			Murphy of Dubuque
			Brunkhorst of Bremer
			Metcalf of Polk
H-3580	H.F.	519	Koenigs of Mitchell
H-3581	H.F.	519	Teig of Hamilton
			Sukup of Franklin
H-3582	H.F.	519	Mundie of Webster
H-3583	H.F.	519	Koenigs of Mitchell
H-3584	H.F.	519	Koenigs of Mitchell
H-3585	H.F.	519	Koenigs of Mitchell
H-3586	H.F.	519	Koenigs of Mitchell
H-3587	H.F.	519	Koenigs of Mitchell
H-3588	H.F.	519	Koenigs of Mitchell
H-3589	H.F.	519	Koenigs of Mitchell
H-3590	H.F.	519	Koenigs of Mitchell
H-3591	H.F.	519	Mundie of Webster
H-3592	H.F.	373	Weigel of Chickasaw
H-3593	H.F.	530	Mascher of Johnson
	Murphy of Dubuque		Running of Linn
	Wise of Lee			Shoultz of Black Hawk
	Bernau of Story
H-3594	H.F.	519	Teig of Hamilton
H-3595	H.F.	519	Koenigs of Mitchell
H-3596	H.F.	519	Koenigs of Mitchell
H-3597	H.F.	519	Garman of Story
			Coon of Warren
H-3598	H.F.	519	Garman of Story
			Coon of Warren
H-3599	H.F.	519	Garman of Story
			Coon of Warren
H-3600	H.F.	519	Mertz of Kossuth
H-3601	H.F.	519	Fallon of Polk
			Burnett of Story
			Drees of Carroll
			Koenigs of Mitchell
H-3602	H.F.	527	Hurley of Fayette
H-3603	H.F.	132	Senate amendment
H-3604	H.F.	519	Mertz of Kossuth
			Mundie of Webster
H-3605	H.F.	535	Harrison of Scott
H-3606	H.F.	113	Senate amendment
H-3607	H.F.	519	Bernau of Story
H-3608	H.F.	530	Murphy of Dubuque
H-3609	H.F.	519	Houser of Pottawattamie
H-3610	H.F.	518	Metcalf of Polk
H-3611	H.F.	518	Weigel of Chickasaw
H-3612	H.F.	518	Brand of Benton
H-3613	H.F.	518	Weigel of Chickasaw
H-3614	H.F.	518	Weigel of Chickasaw
H-3615	H.F.	518	Fallon of Polk
H-3616	H.F.	518	Brand of Benton
H-3617	H.F.	518	Brand of Benton
H-3618	H.F.	518	Holveck of Polk
H-3619	H.F.	518	Holveck of Polk
H-3620	H.F.	518	Bell of Jasper
H-3621	H.F.	518	Bernau of Story
H-3622	H.F.	132	Millage of Scott
H-3623	H.F.	535	Harrison of Scott
H-3624	H.F.	515	Holveck of Polk
			Jacobs of Polk
H-3625	H.F.	515	Holveck of Polk
H-3626	H.F.	515	Holveck of Polk
H-3627	H.F.	518	Weigel of Chickasaw
H-3628	H.F.	518	Bell of Jasper
H-3629	H.F.	518	Weigel of Chickasaw
H-3630	H.F.	518	Holveck of Polk
H-3631	H.F.	518	Brand of Benton
H-3632	H.F.	518	Holveck of Polk
H-3633	H.F.	518	Weigel of Chickasaw
H-3634	H.F.	519	Garman of Story
H-3635	H.F.	519	Garman of Story
			Coon of Warren
H-3636	H.F.	519	Mertz of Kossuth
			Mundie of Webster
H-3637	H.F.	519	Eddie of Buena Vista
H-3638	H.F.	519	Fallon of Polk
			Coon of Warren
H-3639	H.F.	535	Ollie of Clinton
On motion by Siegrist of Pottawattamie, the House adjourned at
8:40 p.m. until 8:45 a.m., Thursday, March 30, 1995.

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