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Eighty-fifth Calendar Day - Fifty-seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, April 3, 1995
The House met pursuant to adjournment at 10:00 a.m., Speaker
Corbett in the chair.
The "Lord's Prayer" was sung by Harriet Vande Hoef, House
Secretary and wife of the Representative Richard Vande Hoef, of
Osceola County.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the officers of S.O.D.A.
(Students O.K. Without Drugs and Alcohol). The members from
Marion High School were: Melissa Walderbach, Beth Hatch, Carrie
Peiffer, Carie Ciha and Sponsors, Beth Mugan and Madonna Putnam;
and from Linn-Mar High School, Ryan Bildstein, Beth Bunting,
Molly Edwards, Sarah Shelley and Sponsors, Kevin McCauley and
Clark Weaver.
The Journal of Friday, March 31, 1995 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Brauns of Muscatine, from eight hundred sixty constituents
favoring retaining the issuance of driver's licenses in the Page
County Treasurer's office.
By Meyer of Sac, from twenty citizens favoring reinstating
funding for the Older Iowans Legislature.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Dinkla of Guthrie, Lord of Dallas and Van Maanen of Marion, on
request of Siegrist of Pottawattamie; Larkin of Lee, Fallon of
Polk, Koenigs of Mitchell and Cohoon of Des Moines, on request
of Schrader of Marion, all until their arrival.
INTRODUCTION OF BILLS
House File 552, by committee on ways and means, a bill for
an act relating to changing the point of taxation of motor
vehicle fuel by requiring suppliers, restrictive suppliers,
importers, exporters, dealers, users, or blenders licenses,
changing reporting periods, and adding penalties.
Read first time and placed on the ways and means calendar.
House File 553, by committee on appropriations, a bill for
an act relating to agriculture and natural resources, including
for appropriations involving agriculture and natural resources,
providing related statutory changes, and providing effective
dates.
Read first time and placed on the appropriations calendar.
House File 554, by committee on ways and means, a bill for
an act relating to state and local taxes including appeals of
department of revenue and finance actions, the prohibition of
unconstitutional or illegal tax collections, assessment
procedures pertaining to amended returns, corporate income tax
rates, sales tax on test laboratory services, collection of
sales tax by out-of-state retailers, interest accrual on sales
and use tax refunds, sales tax permit denial for delinquent
taxes, bonding provisions for sales tax and environmental
protection charge contested case decisions, costs associated
with contested case hearings, penalty for underpayment of
corporation income and franchise taxes, services subject to use
tax, penalty for underpayment of use tax, the repeal of obsolete
property tax provisions, and imposition of the drug excise tax
on unprocessed marijuana plants and providing effective and
applicability date provisions.
Read first time and placed on the ways and means calendar.
UNFINISHED BUSINESS CALENDAR
Special Order
The House resumed consideration of House Joint Resolution 14, a
joint resolution proposing an amendment to the Constitution of
the State of Iowa relating to protection of taxpayers' rights by
limiting the growth rate of taxes, revenue, and spending of the
state and local governments and by increasing the people's
control over taxes, revenue, and spending of the state and local
governments, previously deferred and placed on the Unfinished
Business Calendar, Special Order.
The House stood at ease at 10:10 a.m., until the fall of the
gavel.
The House resumed session at 10:45 a.m., Speaker Corbett in the
chair.
The following amendments, previously deferred, were withdrawn by
unanimous consent:
H-3243 filed by Koenigs of Mitchell on March 7, 1995.
H-3248 filed by Shoultz of Black Hawk on March 7, 1995.
Shoultz of Black Hawk offered the following amendment H-3249,
previously deferred, filed by him and moved its adoption:
H-3249
1 Amend House Joint Resolution 14 as follows:
2 1. Page 2, line 10, by inserting after the word
3 "governor;" the following: "( ) revenues committed
4 by the General Assembly for the purpose of equipping
5 schools, grades kindergarten through twelve, with the
6 state of the art technology;".
7 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 24, nays 45.
Amendment H-3249 lost.
The following amendments, previously deferred, were withdrawn by
unanimous consent:
H-3251 filed by Running of Linn on March 7, 1995.
H-3258 filed by Jochum of Dubuque on March 7, 1995.
H-3260 filed by Weigel of Chickasaw on March 7, 1995.
H-3263 filed by Harper of Black Hawk on March 7, 1995.
Weigel of Chickasaw offered the following amendment H-3264,
previously deferred, filed by him and moved its adoption:
H-3264
1 Amend House Joint Resolution 14 as follows:
2 1. Page 2, line 10, by inserting after the word
3 "governor;" the following: "(___) all revenues
4 collected from nonresidents of the state;".
5 2. By renumbering as necessary.
Amendment H-3264 lost.
The following amendments, previously deferred and filed by
Bernau of Story on March 7, 1995, were withdrawn by unanimous
consent: H-3272, and H-3255.
Rants of Woodbury in the chair at 11:28 a.m.
Doderer of Johnson offered the following amendment H-3236,
previously deferred, filed by her and moved its adoption:
H-3236
1 Amend House Joint Resolution 14 as follows:
2 1. Page 2, line 20, by inserting after the word
3 "temporarily" the following: "or permanently".
4 2. Page 2, line 22, by striking the word "The"
5 and inserting the following: "If the increase is
6 temporary, the".
7 3. Page 2, line 29, by striking the words "two-
8 thirds vote" and inserting the following: "a
9 majority".
10 4. Page 2, line 33, by striking the word "three-
11 fourths" and inserting the following: "a majority".
12 5. Page 3, line 1, by inserting after the word
13 "Any" the following: "temporary".
Roll call was requested by Doderer of Johnson and Bernau of
Story.
On the question "Shall amendment H-3236 be adopted?" (H.J.R. 14)
The ayes were, 31:
Baker Bell Bernau Brand
Burnett Cataldo Connors Doderer
Drees Fallon Harper Holveck
Jochum Koenigs Kreiman Mascher
May McCoy Moreland Murphy Myers Nelson, L.
O'Brien Ollie Running Schrader
Shoultz Warnstadt Weigel Wise
Witt
The nays were, 59:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett,
Spkr.
Cormack Cornelius Daggett Dinkla
Disney Drake Eddie Ertl
Garman Gipp Greig Gries
Grubbs Hahn Halvorson Hammitt
Hanson Harrison Heaton Huseman
Jacobs Klemme Kremer Lamberti
Larson Lord Main Martin
Mertz Metcalf Meyer Mundie
Nelson, B. Nutt Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Welter Rants,
Presiding
Absent or not voting, 10:
Brammer Cohoon Greiner Grundberg
Houser Hurley Larkin Millage
Van Maanen Weidman
Amendment H-3236 lost.
Wise of Lee offered the following amendment H-3270, previously
deferred, filed by him and moved its adoption:
H-3270
1 Amend House Joint Resolution 14 as follows:
2 1. By striking page 1, line 3, through page 6,
3 line 8, and inserting the following:
4 "Article VII, Constitution of the State of Iowa, is
5 amended by adding the following new section:
6 STATE GENERAL FUND EXPENDITURE LIMITATION. Sec. 9.
7 An expenditure limitation is established for the
8 general fund of the state in accordance with this
9 section.
10 Prior to the convening of the annual regular
11 session of the General Assembly, designees of the
12 executive and legislative departments shall agree to
13 an estimate of the revenues to be deposited in the
14 general fund of the state in the next fiscal year.
15 The revenue estimate shall be adjusted by subtracting
16 estimated tax refunds payable from the estimated
17 revenue and by adding any new revenues which may be
18 considered to be eligible for deposit in the general
19 fund of the state. The adjusted revenue estimate
20 shall be used by the Governor and the General Assembly
21 in the budget process for that fiscal year. However,
22 if the designees agree to a different estimate at a
23 later meeting during the regular session of the
24 General Assembly which projects a lesser amount of
25 revenue than the initial estimate amount, the lesser
26 amount shall be adjusted in the same manner as the
27 initial estimate amount. The Governor and the General
28 Assembly shall then use the adjusted lesser amount as
29 the adjusted revenue estimate in the budget process
30 for that fiscal year.
31 The adjusted revenue estimate for a fiscal year
32 shall be used to calculate the state general fund
33 expenditure limitation for that fiscal year. The
34 state general fund expenditure limitation shall be
35 ninety-nine percent of the adjusted revenue estimate.
36 The state general fund expenditure limitation for a
37 fiscal year shall be used by the Governor and the
38 General Assembly in the budget process for that fiscal
39 year. If a new revenue source is established and
40 implemented for a fiscal year, the state general fund
41 expenditure limitation for that year shall be
42 readjusted to include the estimated revenue from that
43 new source less projected refunds from the new source,
44 multiplied by ninety-five percent.
45 A cash reserve shall be maintained by the state and
46 moneys in the cash reserve shall be separate from the
47 general fund of the state and shall not be considered
48 part of the general fund of the state except in
49 determining the cash position of the state. Moneys in
50 the cash reserve may be used for cash flow purposes
Page 2
1 provided that any moneys so allocated during a fiscal
2 year are returned to the cash reserve by the end of
3 that fiscal year.
4 The amount of moneys to be maintained in the cash
5 reserve shall be five percent of the adjusted revenue
6 estimate for the general fund of the state for that
7 fiscal year. However, this paragraph shall not be
8 construed to require more than one percent of the
9 adjusted revenue estimate for the general fund of the
10 state to be set aside for these purposes in any one
11 fiscal year.
12 Moneys in the cash reserve may be appropriated by
13 the General Assembly only for use in the fiscal year
14 in which the appropriation is made. The moneys shall
15 only be appropriated in a bill or joint resolution in
16 which the appropriation is the only subject matter of
17 the bill or joint resolution and which contains a
18 statement of the reasons why the appropriation is
19 necessary. In addition, moneys shall not be
20 appropriated from the cash reserve unless the bill or
21 joint resolution making the appropriation is approved
22 by a vote of at least three-fifths of the members of
23 each chamber of the General Assembly and approved by
24 the Governor.
25 This section applies to fiscal years commencing on
26 or after July 1, 1999."
27 2. Title page, by striking lines 2 through 6, and
28 inserting the following: "the State of Iowa
29 establishing a state general fund expenditure
30 limitation".
Roll call was requested by Shoultz of Black Hawk and Witt of
Black Hawk.
Rule 75 was invoked.
On the question "Shall amendment H-3270 be adopted?" (H.J.R. 14)
The ayes were, 35:
Baker Bell Bernau Brand
Burnett Cataldo Connors Dinkla
Doderer Drees Fallon Grundberg
Hanson Holveck Jacobs Jochum
Koenigs Kreiman Mascher May
McCoy Metcalf Moreland Murphy
Myers Nelson, B. Nelson, L. O'Brien
Running Schrader Shoultz Warnstadt
Weigel Wise Witt
The nays were, 55:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Coon Cormack Cornelius
Daggett Disney Drake Eddie
Ertl Garman Gipp Greig
Gries Grubbs Hahn Halvorson
Hammitt Harper Harrison Heaton
Houser Huseman Klemme Kremer
Lamberti Larson Main Martin
Mertz Meyer Millage Mundie
Nutt Ollie Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Veenstra Welter Rants,
Presiding
Absent or not voting, 10:
Brammer Churchill Cohoon Corbett,
Spkr.
Greiner Hurley Larkin Lord
Vande Hoef Weidman
Amendment H-3270 lost.
Siegrist of Pottawattamie asked and received unanimous consent
that House Joint Resolution 14, be deferred and retain its place
on the Unfinished Business Calendar, Special Order.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:45 p.m., until 1:30 p.m.
AFTERNOON SESSION
The House reconvened at 1:40 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 sixty-one members present,
thirty-nine absent.
CONSIDERATION OF BILLS
Unfinished Business Calendar
Special Order
The House resumed consideration of House Joint Resolution 14, a
joint resolution proposing an amendment to the Constitution of
the State of Iowa relating to protection of taxpayers' rights by
limiting the growth rate of taxes, revenue, and spending of the
state and local governments and by increasing the people's
control over taxes, revenue, and spending of the state and local
governments, previously deferred and placed on the unfinished
business calendar, Special Order.
Running of Linn offered amendment H-3278, previously deferred,
filed by Running, et. al., and requested division as follows:
H-3278
1 Amend House Joint Resolution 14 as follows:
H-3278A
2 1. Page 1, line 4, by inserting after the figure
3 "XIII" the following: ", effective for the first
4 state fiscal year beginning at least six months after
5 the article is approved and ratified by the electorate
6 except that the article shall not take effect unless
7 each fund balance of the following funds is restored
8 to the amount of the fund balance as of January 1,
9 1991: marine fuel tax fund; gamblers assistance fund;
10 bellas hess fund; insurance trust fund; security
11 deposit fund; milk fund; commercial feed fund;
12 fertilizer fund; pesticide fund; energy research and
13 development fund; racing commission fund; railroad
14 assistance fund; dairy trade fund; vehicle salvage
15 fund; odometer fraud fund; agriculture drainage wells
16 fund; special railroad facility fund; aviation fund;
17 public transit assistance fund; excursion boat fund;
18 administration fund; alcoholic beverages fund; banking
19 fund; credit union fund; insurance fund; professional
20 licensing fund; savings and loan fund; and utilities
21 fund".
22 2. Page 1, line 4, by inserting after the figure
23 "XIII" the following: ", effective for the first
24 state fiscal year beginning at least six months after
25 the article is approved and ratified by the electorate
26 except that the article shall not take effect until
27 the state fiscal year following the calendar year in
28 which the department of revenue and finance certifies
29 to the general assembly that three-fourths of the for-
30 profit corporations doing business in this state
31 incurred state corporate income tax liability".
32 3. Page 1, line 4, by inserting after the figure
33 "XIII" the following: ", effective for the first
34 state fiscal year beginning at least six months after
35 the article is approved and ratified by the electorate
36 except that the article shall not take effect unless
37 the state income tax structure is simplified by
38 repealing the corporate and individual income tax
39 deduction for federal income tax liability and by
40 repealing the option to file separately on a joint
41 return and the revenue realized by these changes is
42 utilized to reduce the school foundation property tax
43 levy".
44 4. Page 1, line 4, by inserting after the figure
45 "XIII" the following: ", effective for the first
46 state fiscal year beginning at least six months after
H-3278A
47 the article is approved and ratified by the electorate
48 except that the article shall not take effect for any
49 one fiscal year unless the basis for establishing the
50 maximum medical assistance reimbursement rate for
Page 2
1 nursing facilities for that fiscal year is set at the
2 ninety-eighth percentile of facilities' cost as
3 calculated from the unaudited compilation of cost and
4 statistical data from the previous fiscal year".
5 5. Page 1, line 6, by striking the word "RIGHTS"
6 and inserting the following: "PROTECTION".
7 6. Page 1, line 7, by inserting after the words
8 "local government" the following: ",excluding school
9 corporations,".
10 7. Page 1, line 11, by inserting after the word
11 "years" the following: ", and the total revenue limit
12 includes a revenue limit on revenues from the motor
13 fuel tax and the special fuel tax to the extent that
14 these taxes shall not be higher than the lowest such
15 tax in any adjacent state and if in excess of that
16 level when this amendment takes effect, they shall be
17 kept at the level existing when this amendment takes
18 effect until the adjacent state with the lowest level
19 raises such taxes".
H-3278B
20 8. Page 1, line 17, by inserting after the word
21 "date." the following: "In addition, the total
22 revenue limit is adjusted by the inclusion of an
23 amount for each fiscal year equal to the annual amount
24 for the relevant fiscal year committed by the state
25 government to the funding of correctional services."
H-3278A
26 9. Page 1, line 17, by inserting after the word
27 "date." the following: "In addition, the total
28 revenue limit is adjusted by the inclusion of an
29 amount for each fiscal year equal to the annual amount
30 for the relevant fiscal year committed by the state
31 government to the funding of the construction of
32 additional prison cells to house persons convicted of
33 the sale and distribution of an illegal substance."
34 10. Page 1, line 17, by inserting after the word
35 "date." the following: "In addition, the total
36 revenue limit is adjusted by the inclusion of an
37 amount for each fiscal year equal to the annual amount
38 for the relevant fiscal year committed by the state
39 government to the funding of the construction of
H-3278A
40 additional prison cells to house persons convicted of
41 a third offense of operating a motor vehicle while
42 intoxicated."
H-3278B
43 11. Page 1, line 17, by inserting after the word
44 "date." the following: "In addition, the total
45 revenue limit is adjusted by the inclusion of an
46 amount for each fiscal year equal to the annual amount
47 for the relevant fiscal year committed by the state
48 government to the funding of the construction of
49 additional prison beds to ease prison overcrowding and
50 to reduce the number of high-risk offenders placed on
Page 3
1 probation or parole."
H-3278A
2 12. Page 1, lines 20 and 21, by striking the
3 words "A school district's "population" is its full-
4 time equivalent student enrollment."
5 13. Page 1, lines 28 and 29, by striking the
6 words and figure "(2) gifts and contracts from
7 nongovernmental sources;".
8 14. Page 2, line 10, by inserting after the word
9 "governor;" the following: "( ) revenue committed
10 to the road use tax fund;".
11 15. Page 2, line 6, by inserting after the word
12 "governor;" the following: "( ) revenue committed
13 to the preservation of elementary and secondary
14 schools with enrollments of less than one thousand
15 students;".
16 16. Page 2, line 6, by inserting after the word
17 "governor;" the following: "( ) revenue committed
18 to school districts that were formed as a result of
19 reorganization under chapter 275;".
20 17. Page 2, line 6, by inserting after the word
21 "governor;" the following: "( ) revenue committed
22 to school districts in the process of reorganizing or
23 dissolving under chapter 275;".
24 18. Page 2, line 6, by inserting after the word
25 "governor;" the following: "( ) revenue of the
26 state government committed to funding salaries for
27 faculty and staff of the estate universities at a
28 level sufficient to establish and maintain
29 competitiveness with comparable universities;".
30 19. Page 2, line 6, by inserting after the word
31 "governor;" the following: "( ) revenue of the
32 state government and local governments committed to
H-3278A
33 funding construction at the state and county
34 hospitals;".
35 20. Page 2, line 6, by inserting after the word
36 "governor;" the following: "( ) revenue of the
37 state government committed to funding collective
38 bargaining agreements between the state of Iowa and
39 its employees and revenue of local governments
40 committed to funding collective bargaining agreements
41 between the local governments and their employees;".
42 21. Page 2, line 6, by inserting after the word
43 "governor;" the following: "( ) revenue of the
44 state government and local governments committed to
45 funding affirmative action activities and programs of
46 the state government and local governments required by
47 the laws of the United States to overcome the effects
48 of past or present practices, policies, or activities
49 which are barriers to equal employment opportunity and
50 to reduce the incidents of hate crimes, including but
Page 4
1 not limited to cross burnings and organizational
2 activities of racial supremacy groups;".
3 22. Page 2, line 6, by inserting after the word
4 "governor;" the following: "( ) revenue committed
5 to programs dealing with obstetrical care for
6 indigents and for maternal and child health care
7 programs;".
8 23. Page 2, line 6, by inserting after the word
9 "governor;" the following: "( ) revenue committed
10 to programs dealing with prenatal care for low-income
11 women and families and dysfunctional families;".
12 24. Page 2, line 6, by inserting after the word
13 "governor;" the following: "( ) revenue committed
14 to programs dealing with postnatal care for low-income
15 women and families and dysfunctional families;".
16 25. Page 2, line 6, by inserting after the word
17 "governor;" the following: "( ) revenue committed
18 to programs dealing with postnatal care for teenage
19 mothers;".
20 26. Page 2, line 6, by inserting after the word
21 "governor;" the following: "( ) revenue committed
22 to the state board of regents, including work study
23 and student loan programs administered by institutions
24 under the state board of regents;".
25 27. Page 2, line 6, by inserting after the word
26 "governor;" the following: "( ) amounts received
27 from the Iowa lottery, if used for economic
28 development;".
29 28. Page 2, line 6, by inserting after the word
30 "governor;" the following: "( ) revenue committed
31 to any state program to combat the destruction of the
H-3278A
32 family unit due to domestic violence;".
33 29. Page 2, line 6, by inserting after the word
34 "governor;" the following: "( ) revenue committed
35 to any state program which provides law enforcement
36 training for dealing with domestic violence;".
37 30. Page 2, line 6, by inserting after the word
38 "governor;" the following: "( ) revenue committed
39 to any state or local program designed to provide for
40 the nutritional needs of Iowa's children;".
41 31. Page 2, line 6, by inserting after the word
42 "governor;" the following: "( ) revenue committed
43 to any state or local program designed to provide for
44 the nutritional needs of Iowa's elderly of limited
45 financial means;".
46 32. Page 2, line 6, by inserting after the word
47 "governor;" the following: "( ) revenue committed
48 to any state program to assist in maintaining the
49 viability of the family farm in Iowa;".
50 33. Page 2, line 6, by inserting after the word
Page 5
1 "governor;" the following: "( ) revenue committed
2 to college scholarship programs designed to provide
3 scholarships to Iowa residents attending college in
4 Iowa;".
5 34. Page 2, line 6, by inserting after the word
6 "governor;" the following: "( ) revenue committed
7 to juvenile institutions administered by the
8 department of human services at Eldora and Toledo;".
9 35. Page 2, line 6, by inserting after the word
10 "governor;" the following: "( ) revenue committed
11 to solid waste disposal services that provide an
12 alternative to landfills;".
13 36. Page 2, line 6, by inserting after the word
14 "governor;" the following: "( ) revenue committed
15 to training and equipment to assist peace officers in
16 sexual abuse investigations;".
17 37. Page 2, line 6, by inserting after the word
18 "governor;" the following: "( ) revenue committed
19 to training and equipment to assist peace officers in
20 drug enforcement investigations;".
21 38. Page 2, line 6, by inserting after the word
22 "governor;" the following: "( ) revenue committed
23 to training and equipment to assist peace officers in
24 child pornography investigations;".
25 39. Page 2, line 6, by inserting after the word
26 "governor;" the following: "( ) revenue committed
27 to provide assistance to peace officers disabled in
28 the line of duty;".
29 40. Page 2, line 6, by inserting after the word
30 "governor;" the following: "( ) revenue committed
H-3278A
31 to provide assistance to the families of peace
32 officers killed in the line of duty;".
33 41. Page 2, line 6, by inserting after the word
34 "governor;" the following: "( ) revenue committed
35 to training and equipment for fire fighters;".
36 42. Page 2, line 6, by inserting after the word
37 "governor;" the following: "( ) revenue committed
38 to provide assistance to fire fighters disabled in the
39 line of duty;".
40 43. Page 2, line 6, by inserting after the word
41 "governor;" the following: "( ) revenue committed
42 to training and equipment for rescue operations,
43 including emergency medical services, ambulance
44 service, and enhanced 911 service;".
45 44. Page 2, line 6, by inserting after the word
46 "governor;" the following: "( ) revenue committed
47 to public health services, including immunization and
48 disease prevention and counseling for abortion
49 alternatives;".
H-3278B
50 45. Page 2, line 6, by inserting after the word
Page 6
1 "governor;" the following: "( ) revenue committed
2 to additions to law enforcement and fire
3 departments;".
H-3278A
4 46. Page 2, line 6, by inserting after the word
5 "governor;" the following: "( ) revenue committed
6 to elderly services, including but not limited to
7 homemaker, case management, chore, respite care, and
8 day care;".
9 47. Page 2, line 6, by inserting after the word
10 "governor;" the following: "( ) revenue committed
11 to health care for those infected with acquired immune
12 deficiency syndrome;".
13 48. Page 2, line 6, by inserting after the word
14 "governor;" the following: "( ) revenue committed
15 to mental health or mental retardation services;".
16 49. Page 2, line 6, by inserting after the word
17 "governor;" the following: "( ) revenue committed
18 to prenatal nutrition programs intended to prevent
19 disabilities in newborns;".
20 50. Page 2, line 6, by inserting after the word
21 "governor;" the following: "( ) revenue committed
22 to school districts and area education agencies,
23 including additional revenue necessary to comply with
H-3278A
24 educational standards under section 256.11;".
25 51. Page 2, line 6, by inserting after the word
26 "governor;" the following: "( ) revenue committed
27 to any use that is projected to result in future
28 savings in state expenditures;".
29 52. Page 2, line 6, by inserting after the word
30 "governor;" the following: "( ) an amount
31 necessary to compensate for any reduction in federal
32 or state funds received by local governments in any
33 fiscal year as compared to the amount of federal or
34 state funds received in fiscal year 1990 or any other
35 preceding fiscal year thereafter, whichever is
36 greater;".
37 53. Page 2, line 6, by inserting after the word
38 "governor;" the following: "( ) revenue committed
39 to economic development in the community services
40 division of the merged area schools and to retire
41 bonds issued to fund job training programs in the
42 merged area schools;".
43 54. Page 2, line 6, by inserting after the word
44 "governor;" the following: "( ) revenue committed
45 to fund the transportation costs of a rural school
46 district with an enrollment of less than five
47 hundred;".
48 55. Page 2, line 6, by inserting after the word
49 "governor;" the following: "( ) revenue committed
50 to fund sharing programs between school districts with
Page 7
1 enrollments of less than one thousand;".
2 56. Page 2, line 6, by inserting after the word
3 "governor;" the following: "( ) revenue committed
4 to the preservation of elementary and secondary
5 schools;".
6 57. Page 2, line 23, by inserting after the word
7 "years." the following: "The referendum shall include
8 the length of time for which the temporary increase
9 will be in effect."
10 58. Page 3, line 15, by inserting after the word
11 "benefits," the following: "including receipts from
12 the fish protection, brucellosis eradication,
13 snowmobile and all-terrain vehicle, boat, and
14 groundwater protection trust funds established in the
15 Constitution of the State of Iowa,".
16 59. Page 3, line 31, by inserting after the word
17 "State." the following: "School districts or other
18 local governments which consolidate after the
19 effective date of this amendment shall not be subject
20 to the revenue and spending limitations established in
21 this amendment unless the ballot proposing
22 consolidation is approved by at least sixty percent of
H-3278A
23 the total vote cast at the election."
24 60. Page 4, by striking lines 23 through 28.
25 61. Page 4, by inserting before line 29 the
26 following:
27 "Sec. ___. The following amendment to the state of
28 Iowa is proposed:
29 Article VII of the Constitution of the State of
30 Iowa is amended by adding the following new sections:
31 FISH PROTECTION FUND. Sec. 9. The revenue from
32 all license fees from fishing activities and excise
33 taxes from fishing, and any public or private funds
34 appropriated, allocated, or given for fish protection
35 purposes, shall be used exclusively for activities
36 related to the propagation, management, harvest, and
37 protection of fish resources.
38 BRUCELLOSIS ERADICATION FUND. Sec. 10. The
39 revenue from all permits and fees and penalties, and
40 any public or private funds appropriated, allocated,
41 or given for bovine and swine brucellosis eradication
42 purposes, shall be used exclusively for activities
43 related to the eradication of bovine and swine
44 brucellosis.
45 SNOWMOBILE AND ALL-TERRAIN VEHICLE FUND. Sec. 11.
46 The revenue from all registration, permit, and other
47 fees, fines, and penalties, and any public or private
48 funds appropriated or allocated, or given for
49 snowmobile and all-terrain vehicle programs in the
50 state shall be used exclusively for snowmobile and
Page 8
1 all-terrain vehicle programs in the state. All-
2 terrain vehicle fees, fines, and penalties shall be
3 used only for all-terrain vehicle programs and
4 snowmobile fees, fines, and penalties shall be used
5 only for snowmobile programs. Joint programs shall be
6 supported from both types of fees on a usage basis.
7 At least fifty percent of the special fund shall be
8 available for political subdivisions or incorporated
9 private organizations or both.
10 BOAT FUND. Sec. 12. The revenue from all
11 registration, permit, and other fees, fines, and
12 penalties and any public or private funds appropriated
13 or allocated, or given for boating programs in the
14 state shall be used exclusively for programs to
15 promote safety for persons and property in and
16 connected with the use, operation, and equipment of
17 vessels and to promote uniformity of laws relating to
18 vessels.
19 GROUNDWATER PROTECTION FUND. Sec. 13. The
20 revenue, including fees, fines, and penalties,
21 received from sources designated for purposes related
H-3278A
22 to groundwater monitoring and groundwater quality
23 standards and any public or private funds appropriated
24 or allocated shall be used exclusively to establish a
25 groundwater protection fund to provide for projects
26 and programs related to abating and eliminating the
27 threat of contamination of the state's groundwater."
28 62. Page 4, by inserting before line 29 the
29 following:
30 "Sec. ___. The following amendment to the
31 Constitution of the State of Iowa is proposed:
32 Section 1 of Article X of the Constitution of the
33 State of Iowa is repealed beginning with the general
34 election in the year 1998, and the following adopted
35 in lieu thereof:
36 HOW PROPOSED -- SUBMISSION. Section 1. Any
37 amendment or amendments to this Constitution may be
38 proposed in either House of the General Assembly; and
39 if the same shall be agreed to by a majority of the
40 members elected to each of the two houses, such
41 proposed amendment shall be entered on their journals,
42 with the yeas and nays taken thereon, and referred to
43 the Legislature to be chosen at the next general
44 election, and shall be published, as provided by law,
45 for three months previous to the time of making such
46 choice; and if, in the General Assembly so next chosen
47 as aforesaid, such proposed amendment or amendments
48 shall be agreed to, by a majority of all the members
49 elected to each House, then it shall be the duty of
50 the General Assembly to submit such proposed amendment
Page 9
1 or amendments to the people, in such manner, and at
2 such time as the General Assembly shall provide; and
3 if the people shall approve and ratify such amendment
4 or amendments, by at least sixty percent of the
5 electors qualified to vote for members of the General
6 Assembly, voting thereon, such amendment or amendments
7 shall become a part of the Constitution of this
8 State."
9 63. Page 6, line 9, by striking the word
10 "amendment" and inserting the following:
11 "amendments".
12 64. Page 6, line 10, by striking the word "is"
13 and inserting the following: "are".
14 65. Page 6, line 13, by striking the word "it"
15 and inserting the following: "them".
16 66. Title page, line 1, by striking the word "an
17 amendment" and inserting the following: "amendments".
18 67. Title page, line 6, by inserting after the
19 word "governments" the following: ", by establishing
20 certain permanent funds, and changing the percentage
H-3278A
21 requirement for ratification of amendments to the
22 Constitution, and providing effective date
23 provisions."
24 68. By renumbering as necessary.
Running of Linn asked and received unanimous consent to withdraw
amendment H-3278A.
Connors of Polk asked and received unanimous consent to defer
action on amendment H-3235, filed by Doderer of Johnson.
Running of Linn moved the adoption of amendment H-3278B.
Roll call was requested by Running of Linn and Schrader of
Marion.
On the question "Shall amendment H-3278B be adopted?" (H.J.R. 14)
The ayes were, 31:
Baker Bell Bernau Brand
Burnett Cataldo Connors Doderer
Drees Fallon Harper Holveck
Jochum Koenigs Kreiman Mascher
May McCoy Moreland Murphy
Myers Nelson, L. O'Brien Ollie
Running Schrader Shoultz Warnstadt
Weigel Wise Witt
The nays were, 64:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Coon Corbett, Spkr. Cormack
Cornelius Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Hanson Harrison Heaton
Houser Huseman Jacobs Klemme Kremer Lamberti
Larson Lord
Main Martin Mertz Metcalf
Meyer Millage Mundie 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, 5:
Brammer Churchill Cohoon Hurley
Larkin
Amendment H-3278B lost.
Doderer of Johnson asked and received unanimous consent to
withdraw amendment H-3235, previously deferred, filed by her on
March 7, 1995.
Speaker Corbett in the chair at 2:45 p.m.
Larson of Linn moved that the joint resolution be read a last
time now and placed upon its adoption and the joint resolution
was read a last time.
House Joint Resolution 14, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to
protection of taxpayers' rights by limiting the growth rate of
taxes, revenue, and spending the state and local governments and
by increasing the people's control over taxes, revenue, and
spending of the state and local governments.
Be It Resolved By The General Assembly of the State of Iowa:
Section 1. The following amendment to the Constitution of the
State of Iowa is proposed:
The Constitution of the State of Iowa is amended by adding the
following new Article XIII:
ARTICLE XIII.
TAXPAYERS' RIGHTS.
SECTION 1. The state government and each local government is
subject to a revenue limit and a spending limit as provided in
section 8. Each government's beginning revenue limit is equal to
its highest total revenue in any one of the last four fiscal
years before this Article becomes effective. This limit is
adjusted annually for the total of (1) the cumulative percentage
rate of inflation or deflation since the base date, as measured
by the federal implicit price deflator for state and local
government purchases or its successor index, and (2) that
government's cumulative percentage population increase above the
population at the base date. There is no reduction or offset
for any cumulative population decrease below the population at
the base date. "Population" is determined by the most recent
federal census or federal census estimate. A school district's
"population" is its full-time equivalent student enrollment. The
"base date" is the date eighteen months before this Article
becomes effective. Each county government's revenue limit
includes all townships in the county.
SEC. 2. "Revenue" includes all amounts received from all
sources, including but not limited to all taxes, fees, charges,
assessments, and other receipts, except these excluded amounts:
(1) amounts refunded to the payers; (2) gifts and contracts from
nongovernmental sources; (3) receipts from the federal
government; (4) fees voluntarily paid for hospital or public
utility services, but any part of a fee in excess of the actual
cost of providing that service is revenue; (5) an amount equal
to a government's net cost increase required by a federal law or
rule, or change in a federal law or rule, that takes effect
after this Article 1 becomes effective, but only to the extent
not offset by federal funds; (6) amounts collected pursuant to
section 8 of Article VII; (7) all amounts borrowed lawfully; (8)
receipts applied to repay borrowing, including interest, if the
borrowing was authorized by vote of the electors; (9) receipts
applied to repay borrowing, including interest, if the borrowing
is within a class for which the receipts applied to repayment
are excluded from revenue by law adopted by two-thirds vote of
the whole membership of each house of the general assembly and
approved by the governor; and (10) amounts excluded from revenue
by sections 3 and 9.
SEC. 3. The state revenue limit excludes, and the local limits
include, state revenue transferred to local governments or
applied as tax credits against local taxes. Any other amount
transferred between governments is counted only once as revenue,
by the government first receiving it.
SEC. 4. If a government's revenue in a fiscal year exceeds its
revenue limit, its limit for the next fiscal year shall be
reduced by the excess amount.
SEC. 5. A government's revenue limit may be temporarily
increased in an amount approved by a majority of that
government's electors voting in a referendum. The increase is
effective for no more than five fiscal years. Each referendum
ballot is limited to this issue and shall not include any other
proposal or subject. Each such referendum shall be held only on
the first Tuesday after the first Monday in June or the first
Tuesday after the first Monday in November.
SEC. 6. One or more revenue limits may be temporarily increased
by law adopted by two-thirds vote of the whole membership of
each house of the General Assembly and approved by the Governor.
A local government's revenue limit may be temporarily increased
by not more than ten percent, by vote of three-fourths of the
whole membership of its governing body after prominent notice
and public hearing. Each increase under this section is
effective for only one fiscal year.
SEC. 7. Any change in a limit under section 4, 5, or 6 is
effective only for the specified fiscal year or years and does
not affect computation of the limit under section 1.
SEC. 8. Each government's total spending in a fiscal year shall
not exceed its spending limit, which is equal to the sum of its
(1) revenue limit for that year, adjusted for any change under
section 4, 5, or 6, or actual revenue, whichever is less; (2)
actual receipts in that year which are excluded from revenue by
section 2 or 3; and (3) net unspent funds carried over from the
preceding year. "Spending" includes all outlays for all
purposes, unless expressly excluded by section 9.
SEC. 9. "Revenue" includes all receipts for a government's trust
funds for unemployment, retirement, medical, or other benefits,
but earnings of these trust funds are excluded from both revenue
and spending. "Spending" includes all payments and transfers
into these trust funds, and excludes payments out of these trust
funds for the purpose for which the payments into the trust fund
were made. "Net unspent funds" excludes these trust funds.
SEC. 10. If a new local government is created, the State shall
establish its base date and the amount of its beginning revenue
limit, and shall reduce the appropriate state or local revenue
limit or limits by that amount. If two or more local governments
are combined, their revenue limits shall be combined. If a
service or program is transferred by law among local
governments, their revenue limits shall be proportionally
adjusted by law, with no increase in the combined limits. The
State may transfer any part of its revenue limit to a local
government but shall not transfer any part of a local limit to
the State.
SEC. 11. If a state law or rule, or change in a state law or
rule, that takes effect after this Article becomes effective
requires a local government to incur a net cost increase, the
State shall pay to the local government the amount of the
necessary net cost increase, and shall increase the local
revenue limit and decrease the state revenue limit by that
amount. The local government need not comply with the law, rule,
or change until the State has complied with this section.
SEC. 12. Any state or local government plan for retirement or
other employee benefits shall be completely funded within ten
years after this Article becomes effective, and at all times
thereafter, in accordance with generally accepted actuarial and
accounting principles.
SEC. 13. The state and local governments shall use consistent
accounting, in accordance with generally accepted accounting
principles, for all purposes.
SEC. 14. This Article creates fundamental and inalienable rights
in each taxpayer and each citizen. Any infringement of these
rights shall be subjected to strictest scrutiny. This Article
shall be interpreted and implemented to achieve its purpose to
limit the growth rate of revenue and spending of the state and
local governments. Any taxpayer or citizen has standing to sue
by individual or class action to enforce this Article and laws
implementing it and, if successful, shall be reimbursed for all
reasonable expenses of the suit.
SEC. 15. This Article becomes effective for the first state
fiscal year beginning at least six months after its approval and
ratification by the electors. The State, by law, shall implement
this Article and may adopt further restrictions and limits.
However, all provisions of this Article are self-executing and
severable.
Sec. 2. DECLARATION OF INTENT. It is the intent of the General
Assembly in agreeing to the foregoing proposed amendment that:
1. This declaration of intent shall be relied on by the electors
and the courts, with the same results as if it were in the
Constitution.
2. Article XIII does not authorize any borrowing and does not
impair the debt limits and other provisions of Article VII. It
does not impair any law that limits taxes, revenue, spending,
borrowing, or debt or that requires approval by the electors for
a tax, tax increase, borrowing, or debt, including laws
requiring more than a majority vote and laws allowing the
electors to approve borrowing or debt for any stated number of
years. It does not impair any contract in existence when Article
XIII becomes effective.
3. In each referendum under section 5 of Article XIII, the
ballot and published notice shall clearly state: that the
proposal would allow the specified government to increase its
taxes and other revenue by a stated amount above its
constitutional limit for each fiscal year during a stated
period; the total increase for that period; and the amount of
the government's revenue limit under section 1 of Article XIII
for the preceding and current fiscal years and for the next
fiscal year, estimated if necessary.
4. Official revisions of inflation and population data affect
revenue limits for future fiscal years, but do not change limits
for the fiscal year in which a revision is made or for prior
years.
5. A government which excludes an amount from revenue or
spending under any provision of Article XIII must accurately
determine and establish the correct amount excluded.
6. "Government" includes all parts, agencies, enterprises, and
operations of a government. "Local government" includes each
city, county, school district, special district, and political
subdivision in the State, except that townships are included
with county governments. An agreement or joint action by two or
more governments does not create a new government unless
expressly provided by state law, but all revenue and spending
related to the agreement or joint action are included in revenue
and spending of the appropriate governments.
7. Because county limits include townships, a county government
may limit the total revenue and spending of townships in that
county.
8. If a government has a deficit of net unspent funds at the end
of a fiscal year, the deficit is subtracted in computing the
next year's spending limit under section 8 of Article XIII.
However, section 8 is intended to prevent any such deficit and
to require each government to operate on a balanced budget.
9. It is the intent of the General Assembly that this
declaration of intent be placed on the ballot containing the
question of ratification of this proposed amendment to the
Constitution.
Sec. 3. The foregoing proposed amendment to the Constitution of
the State of Iowa is referred to the General Assembly to be
chosen at the next general election for members of the General
Assembly and the Secretary of State is directed to cause it to
be published for three consecutive months previous to the date
of that election as provided by law.
On the question "Shall the joint resolution be adopted and
agreed to?" (H.J.R. 14)
The yeas were, 61:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Cormack
Cornelius Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Hahn Halvorson Hammitt
Hanson Harrison Heaton Houser
Hurley Huseman Klemme Kremer
Lamberti Larson Lord Main
Martin Mertz Meyer Millage
Mundie Nutt Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Mr. Speaker
Corbett
The nays were, 38:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Connors
Doderer Drees Fallon Grundberg
Harper Holveck Jacobs Jochum
Koenigs Kreiman Larkin Mascher
May McCoy Metcalf Moreland
Murphy Myers Nelson, B. Nelson, L.
O'Brien Ollie Rants Running
Schrader Shoultz Warnstadt Weigel
Wise Witt
Absent or not voting, 1:
Brammer
The joint resolution having received a constitutional majority
was declared to have been adopted and agreed to by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Joint Resolution 14 be immediately messaged to the
Senate.
Regular Calendar
House File 256, a bill for an act relating to the definition of
the practice of engineering and the suspension or revocation of
the certificate of registration of a professional engineer or
land surveyor, was taken up for consideration.
Sukup of Franklin offered the following amendment H-3559 filed
by him and Wise and moved its adoption:
H-3559
1 Amend House File 256 as follows:
2 1. Page 2, lines 1 and 2, by striking the words
3 "teaching of advanced engineering subjects,".
Amendment H-3559 was adopted.
Sukup of Franklin 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. 256)
The ayes were, 98:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand 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 Grubbs
Grundberg Hahn Halvorson Hammitt
Hanson Harper Harrison 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, 2:
Brammer Heaton
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 256 be immediately messaged to the Senate.
House File 387, a bill for an act relating to the appointment of
the student member to the state board of regents, reducing the
student member's term, and providing implementation and
transition provisions, with report of committee recommending
passage, was taken up for consideration.
Grubbs of Scott 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. 387)
The ayes were, 81:
Baker Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Burnett Carroll
Cataldo Churchill Cohoon Coon
Cormack Daggett Disney Doderer
Drake Drees Eddie Ertl
Garman Gipp Gries Grubbs
Grundberg Halvorson Hammitt Hanson
Harper Harrison Heaton Holveck
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Larkin Larson Lord Main
Martin Mascher May McCoy
Mertz Metcalf Millage Moreland
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Rants Running Salton Schrader
Schulte Shoultz Siegrist Thomson
Tyrrell Van Fossen Veenstra Warnstadt
Weidman Weigel Wise Witt
Mr. Speaker
Corbett
The nays were, 16:
Arnold Brunkhorst Cornelius Dinkla
Fallon Greig Greiner Hahn
Houser Lamberti Meyer Renken
Sukup Teig Van Maanen Vande Hoef
Absent or not voting, 3:
Brammer Connors Welter
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 470, a bill for an act relating to the assessment of
certain public improvement costs to abutting property at the
request of the property owner, was taken up for consideration.
Carroll of Poweshiek 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. 470)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Coon Cormack Cornelius
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs 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 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 Connors Shoultz Siegrist
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 504, a bill for an act relating to a motor vehicle
owner's liability for damages caused by the driver, was taken up
for consideration.
Heaton of Henry offered the following amendment H-3454 filed by
him and moved its adoption:
H-3454
1 Amend House File 504 as follows:
2 1. Page 1, line 16, by inserting after the word
3 "assigned." the following: "For purposes of this
4 subsection, "leased" means the transfer of the
5 possession or right to possession of a vehicle to a
6 lessee for a valuable consideration for a continuous
7 period of twelve months or more, pursuant to a written
8 agreement."
Amendment H-3454 was adopted.
Heaton of Henry 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. 504)
The ayes were, 87:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Coon Cormack Cornelius Daggett
Dinkla Disney Drake Eddie
Ertl Garman Gipp Greig
Greiner Grubbs Grundberg Hahn
Halvorson Hammitt Hanson Harrison
Heaton Houser Hurley Huseman
Jacobs Jochum Klemme Koenigs
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 Schulte
Shoultz Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Warnstadt Weidman Weigel
Welter Wise Mr. Speaker
Corbett
The nays were, 11:
Baker Doderer Drees Fallon
Gries Harper Holveck Kreiman
Schrader Veenstra Witt
Absent or not voting, 2:
Brammer Connors
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 387, 470 and 504.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 3, 1995, passed the following bill in
which the concurrence of the Senate was asked:
House File 154, a bill for an act relating to the exemption of
certain dentists and dental hygienists from state licensing
requirements.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 168, a bill for an act relating to child abuse and
child sexual abuse reporting and increasing a penalty.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 201, a bill for an act updating the Iowa Code
references to the Internal Revenue Code and providing
retroactive applicability and effective dates.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 331, a bill for an act changing the number of state
employees required to activate automatic payroll deduction for
payment of professional or trade association dues or fees.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 347, a bill for an act establishing a study
regarding the inclusion of health care coverage costs for
preventive care services and mental health and substance abuse
treatment services under basic and standard health benefit
plans, and providing for conditional effectiveness.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 354, a bill for an act relating to autopsies of
certain children under the age of two years.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 360, a bill for an act to increase the fee for the
transfer of property in county transfer records.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 392, a bill for an act relating to notice
requirements for voluntary annexation of property by a city.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 443, a bill for an act to prohibit assaults upon
peace officers, basic emergency medical care providers, advanced
emergency medical care providers, and fire fighters by providing
penalties and enhancing penalties for resisting or obstructing
peace officers, basic emergency meducal care providers, advanced
emergency medical care providers, and fire fighters who are
performing their duties.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 450, a bill for an act relating to the imposition of
an additional fee for the entering of a final decree of
dissolution of marriage and appropriating the fees to fund the
displaced homemaker program.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 454, a bill for an act relating to the establishment
of an assisted living program within the department of elder
affairs, providing for implementation, and providing penalties.
Also, that the Senate has on April 3, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 458, a bill for an act relating to the duties of the
county treasurer and providing effective and applicability dates.
JOHN F. DWYER, Secretary
Special Order Calendar
House File 519, a bill for an act providing for the regulation
of animal feeding operations, fees, the expenditure of moneys,
penalties, and an effective date, was taken up for consideration.
The House stood at ease at 6:15 p.m., until the fall of the
gavel.
The House resumed session at 7:10 p.m., Rants of Woodbury in the
chair.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-3601, filed by Fallon, et. al., on March 29, 1995.
Koenigs of Mitchell asked and received unanimous consent to
defer action on amendment H-3580.
Fallon of Polk offered the following amendment H-3569 filed by
him and moved its adoption:
H-3569
1 Amend House File 519 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. LEGISLATIVE INTERIM STUDY. The
5 legislative council is requested to establish an
6 interim study committee to consider the impact of
7 large confinement feeding operations upon family farm
8 agriculture in this state."
9 2. By renumbering as necessary.
Amendment H-3569 lost.
Speaker pro tempore Van Maanen of Marion in the chair at 7:44
p.m.
Teig of Hamilton offered the following amendment H-3581 filed by
him and Sukup and moved its adoption:
H-3581
1 Amend House File 519 as follows:
2 1. Page 1, line 2, by inserting after the word
3 "AREAS" the following: " -- ADOPTION OF RULES".
4 2. Page 14, line 21, by inserting after the word
5 "pending." the following: "The department shall not
6 issue a permit to a person under this subsection for
7 five years after the date of the last offense
8 committed by a person or animal feeding operation in
9 which the person holds a controlling interest during
10 which the person or operation was classified as a
11 habitual offender under section 455B.191. The
12 department shall conduct an annual review of each
13 confinement feeding operation which is a habitual
14 offender and each confinement feeding operation in
15 which a habitual offender holds a controlling
16 interest. The department shall notify persons
17 classified as habitual offenders of their
18 classification, additional restrictions imposed upon
19 the persons pursuant to the classification, and
20 special civil penalties that may be imposed upon the
21 persons. The notice shall be sent to the persons by
22 certified mail."
23 3. Page 14, by striking lines 24 through 32 and
24 inserting the following:
25 NEW SUBSECTION. 7. The department may impose a
26 civil penalty upon a habitual offender which shall not
27 exceed twenty-five thousand dollars for each day the
28 offense continues. A person shall be classified as a
29 habitual offender, if the person has committed three
30 or more offenses as described in this subsection prior
31 to or after the effective date of this Act, and was
32 subject to the assessment of a civil penalty or a
33 court conviction, in the five years prior to the date
34 of the latest offense, counting any offense committed
35 by a confinement feeding operation in which the person
36 holds a controlling interest. A person shall be
37 removed from the classification of habitual offender
38 on the date on which the person and all animal feeding
39 operations in which the person holds a controlling
40 interest have committed less than three offenses
41 described in this subsection for the prior five years.
42 For purposes of counting offenses, a continuing and
43 uninterrupted offense shall be considered as one
44 offense. Different types of offenses shall be counted
45 as separate offenses regardless of whether the
46 offenses were committed during the same period. An
47 offense must relate to one of the following:
48 a. The construction or operation of a confinement
49 feeding operation structure or anaerobic lagoon which
50 is part of a confinement feeding operation, or the
Page 2
1 installation or use of a related pollution control
2 device or practice, for which the person must obtain a
3 permit, in violation of this chapter, or rules adopted
4 by the department, including the terms or conditions
5 of the permit.
6 b. Intentionally making a false statement or
7 misrepresenting information to the department as part
8 of an application for a construction permit for a
9 confinement feeding operation structure or anaerobic
10 lagoon which is part of a confinement feeding
11 operation, or the installation of a related pollution
12 control device or practice for which the person must
13 obtain a construction permit.
14 c. Failing to obtain a permit or approval by the
15 department in violation of this chapter or
16 departmental rule which requires a permit to construct
17 or operate a confinement feeding operation or use a
18 confinement feeding operation structure, anaerobic
19 lagoon, or a pollution control device or practice
20 which is part of a confinement feeding operation.
21 d. Operating a confinement feeding operation,
22 including a confinement feeding operation structure
23 or anaerobic lagoon which is part of a confinement
24 feeding operation, or the related pollution control
25 device or practice, which causes pollution to the
26 waters of the state, if the pollution was caused
27 intentionally, or caused by a failure to take measures
28 required to abate the pollution which resulted from an
29 act of God.
30 e. Failing to submit a manure management plan as
31 required pursuant to section 455B.203, or operating a
32 confinement feeding operation without having a manure
33 management plan approved by the department.
34 This subsection shall not apply, unless the
35 department of natural resources has previously
36 notified the person of the person's classification as
37 a habitual offender as provided in section 455B.173."
38 4. Page 16, line 17, by inserting after the
39 figure "17A." the following: "A person classified as
40 a habitual offender or a confinement feeding operation
41 in which a habitual offender owns a controlling
42 interest, pursuant to section 455B.191, must submit a
43 manure management plan to the department on an annual
44 basis, which must be approved by the department for
45 the following year of operation."
46 5. Page 17, line 25, by inserting after the word
47 "plan." the following: "The department shall
48 regularly inspect a confinement feeding operation if
49 the operation or a person holding a controlling
50 interest in the operation is classified as a habitual
Page 3
1 offender pursuant to section 455B.191. The department
2 shall assess and the confinement feeding operation
3 shall pay the actual costs of the inspection."
Amendment H-3581 was adopted.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Brunkhorst of Bremer, on request of Siegrist of Pottawattamie;
Wise of Lee, on request of Cohoon of Des Moines, both until they
return.
Garman of Story offered the following amendment H-3597 filed by
her and Coon and moved its adoption:
H-3597
1 Amend House File 519 as follows:
2 1. Page 1, line 5, by striking the word "fifty"
3 and inserting the following: "two hundred".
Roll call was requested by Garman of Story and Fallon of Polk.
On the question "Shall amendment H-3597 be adopted?" (H.F. 519)
The ayes were, 58:
Arnold Baker Bell Bernau
Brand Branstad Burnett Carroll
Cataldo Churchill Cohoon Coon
Cormack Cornelius Daggett Dinkla
Disney Doderer Drees Ertl
Fallon Garman Gries Grundberg
Harper Harrison Heaton Holveck
Houser Hurley Jochum Koenigs
Kreiman Larkin Lord Mascher
May McCoy Mertz Moreland
Mundie Murphy Nelson, L. O'Brien
Ollie Running Salton Schrader
Schulte Shoultz Sukup Teig
Thomson Van Fossen Veenstra Warnstadt
Weigel Witt
The nays were, 34:
Blodgett Boddicker Boggess Brauns
Drake Eddie Gipp Greig
Greiner Grubbs Hahn Halvorson
Hammitt Hanson Huseman Jacobs
Klemme Kremer Lamberti Larson
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Tyrrell Vande Hoef Weidman
Welter Van Maanen
Presiding
Absent or not voting, 8:
Bradley Brammer Brunkhorst Connors
Corbett, Spkr. Myers Siegrist Wise
Amendment H-3597 was adopted.
Rants of Woodbury in the chair at 8:27 p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Van Maanen of Marion, for the remainder of the evening, on
request of Gipp of Winneshiek.
Eddie of Buena Vista offered the following amendment H-3637
filed by him and moved its adoption:
H-3637
1 Amend House File 519 as follows:
2 1. Page 4, line 22, by inserting before the word
3 "fixed" the following: "amount of the claim required
4 in this section, based on the".
5 2. Page 4, line 26, by inserting before the word
6 "fixed" the following: "amount of the claim required
7 in this section, based on the".
8 3. Page 7, line 30, by inserting after the word
9 "building" the following: ", constructed prior to the
10 effective date of this Act,".
11 4. Page 9, line 13, by striking the words "Act
12 or" and inserting the following: "Act;".
13 5. Page 9, line 14, by inserting after the word
14 "Act" the following: "; or, except as provided in
15 section 455B.163, to the expansion of structures
16 constructed prior to the effective date of this Act".
17 6. Page 10, by striking lines 31 through 35 and
18 inserting the following:
19 "An animal feeding operation which does not comply
20 with the distance requirements of section 455B.162, on
21 the effective date of this Act, may continue to
22 operate regardless of those separation distances.
23 The".
24 7. Page 11, by striking lines 3 and 4 and
25 inserting the following: "distances, if either of the
26 following applies:
27 1. The animal feeding operation structure as
28 constructed or expanded complies with the distance
29 requirements of section 455B.162.
30 2. All of the following apply to the expansion of
31 the animal feeding operation:
32 a. No portion of the animal feeding operation".
33 8. Page 11, line 8, by striking the figure "2"
34 and inserting the following: "b."
35 9. Page 11, line 11, by striking the letter "a."
36 and inserting the following: "(1)".
37 10. Page 11, line 12, by striking the letter "b."
38 and inserting the following: "(2)".
39 11. Page 11, line 13, by striking the figure
40 "(1)" and inserting the following: "(a)".
41 12. Page 11, line 15, by striking the figure
42 "(2)" and inserting the following: "(b)".
43 13. Page 15, line 13, by striking the word "this"
44 and inserting the following: "the provisions of state
45 law, including this".
46 14. Page 15, line 14, by striking the figure
47 "159.27" and inserting the following: "159.27,".
48 15. Page 20, line 3, by inserting after the word
49 "dairy" the following: "products".
Amendment H-3637 was adopted, placing out of order the following
amendments:
H-3584 filed by Koenigs of Mitchell on March 29, 1995.
H-3657 filed by Koenigs of Mitchell on March 30, 1995.
Fallon of Polk offered the following amendment H-3568 filed by
him and moved its adoption:
H-3568
1 Amend House File 519 as follows:
2 1. Page 4, line 30, by striking the word "fifty"
3 and inserting the following: "one hundred".
4 2. Page 4, by striking lines 31 and 32 and
5 inserting the following: "percent of the claim, as
6 provided in this section. If".
Roll call was requested by Fallon of Polk and McCoy of Polk.
On the question "Shall amendment H-3568 be adopted?" (H.F. 519)
The ayes were, 40:
Arnold Baker Bell Bernau
Brand Burnett Carroll Cohoon
Coon Cormack Dinkla Doderer
Drees Fallon Garman Grundberg
Halvorson Harper Holveck Hurley
Jochum Koenigs Kreiman Larkin
Mascher May McCoy Moreland
Mundie Murphy Nelson, L. O'Brien
Ollie Running Schrader Shoultz
Teig Warnstadt Weigel Witt
The nays were, 52:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Cataldo Churchill
Cornelius Daggett Disney Drake
Eddie Ertl Gipp Greig
Greiner Gries Grubbs Hahn
Hammitt Hanson Harrison Heaton
Houser Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Mertz Metcalf
Meyer Millage Nelson, B. Nutt
Renken Salton Schulte Sukup
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Welter Rants
Presiding
Absent or not voting, 8:
Brammer Brunkhorst Connors Corbett, Spkr.
Myers Siegrist Van Maanen Wise
Amendment H-3568 lost.
Garman of Story offered the following amendment H-3598 filed by
her and Coon and moved its adoption:
H-3598
1 Amend House File 519 as follows:
2 1. Page 5, by inserting after line 23 the
3 following:
4 "Sec. ___. NEW SECTION. 204.4A PERSONAL
5 LIABILITY.
6 For purposes of reimbursing a county that has
7 acquired real estate containing an animal feeding
8 operation structure as defined in section 455B.161,
9 following the nonpayment of taxes pursuant to section
10 446.19, as provided in this chapter, all shareholders
11 of any corporation, partners of any partnership,
12 members of any limited liability company, limited
13 partners of any limited partnership, or beneficiaries
14 of any trust shall be liable for the entire costs of
15 removing and disposing of the manure from a manure
16 storage structure, as if they owned the animal feeding
17 operation personally, regardless of the amount of
18 interest that is held in the corporation, partnership,
19 limited liability company, limited partnership, or
20 trust."
21 2. By renumbering as necessary.
Amendment H-3598 lost.
Koenigs of Mitchell offered the following amendment H-3595 filed
by him and moved its adoption:
H-3595
1 Amend House File 519 as follows:
2 1. By striking page 1, line 12, through page 5,
3 line 31, and inserting the following:
4 "Sec. ___. NEW SECTION. 204.1 DEFINITIONS.
5 1. "Animal unit" means a unit of measurement used
6 to determine the animal capacity of an animal feeding
7 operation, based upon the product of multiplying the
8 number of animals of each species by the following:
9 a. Slaughter and feeder cattle 1.0
10 b. Mature dairy cattle 1.4
11 c. Butcher and breeding swine, over fifty-five pounds 0.4
12 d. Sheep or lambs 0.1
13 e. Horses 2.0
14 f. Turkeys 0.018
15 g. Broiler or layer chickens 0.01
16 2. "Annual fee" means the fee provided in section
17 204.3.
18 3. "Confinement feeding operation" means a
19 confinement feeding operation as defined in section
20 455B.161.
21 4. "Department" means the department of
22 agriculture and land stewardship.
23 5. "Fund" means the manure storage indemnity fund
24 created in section 204.2.
25 6. "Manure" means animal excreta or other commonly
26 associated wastes of animals, including but not
27 limited to bedding, litter, or feed losses.
28 7. "Manure storage structure" means a structure
29 used to store manure as part of a confinement feeding
30 operation required to be constructed pursuant to a
31 permit issued by the department of natural resources
32 pursuant to section 455B.173.
33 8. "Permittee" means a person who obtains a permit
34 for the construction of a confinement feeding
35 operation, if a manure storage structure is connected
36 to the confinement feeding operation.
37 Sec. ___. NEW SECTION. 204.2 MANURE STORAGE
38 INDEMNITY FUND.
39 1. A manure storage indemnity fund is created as a
40 separate fund in the state treasury under the control
41 of the department. The general fund of the state is
42 not liable for claims presented against the fund.
43 2. The fund consists of moneys from annual fees
44 remitted by manure storage permittees as provided in
45 section 204.3; delinquency penalties; sums collected
46 on behalf of the fund by the department through legal
47 action or settlement; moneys required to be repaid to
48 the department by a county pursuant to this chapter;
49 civil penalties assessed and collected by the
50 department of natural resources pursuant to section
Page 2
1 455B.191, against persons required to obtain a permit
2 for the construction of a confinement feeding
3 operation; moneys paid as a settlement involving an
4 enforcement action for a civil penalty subject to
5 assessment and collection by the department of natural
6 resources pursuant to section 455B.191; interest,
7 property, and securities acquired through the use of
8 moneys in the fund; or moneys contributed to the fund
9 from other sources.
10 3. The moneys collected under this section and
11 deposited in the fund shall be used exclusively to
12 indemnify a county for expenses related to removing
13 and disposing of manure from a manure storage
14 structure, and to pay the administrative costs of this
15 chapter. The moneys in the fund are appropriated to
16 and for this purpose. Moneys in the fund shall not be
17 subject to appropriation for any other purpose.
18 4. The treasurer of state shall act as custodian
19 of the fund and disburse amounts contained in the fund
20 as directed by the department. The treasurer of state
21 is authorized to invest the moneys deposited in the
22 fund. The income from such investment shall be
23 credited to and deposited in the fund.
24 Notwithstanding section 8.33, moneys in the fund are
25 not subject to reversion. The fund shall be
26 administered by the department which shall make
27 expenditures from the fund consistent with the
28 purposes set out in this chapter. The moneys in the
29 fund shall be disbursed upon warrants drawn by the
30 director of revenue and finance pursuant to the order
31 of the department. The fiscal year of the fund begins
32 July 1. The finances of the fund shall be calculated
33 on an accrual basis in accordance with generally
34 accepted accounting principles. The auditor of state
35 shall regularly perform audits of the fund.
36 Sec. ___. NEW SECTION. 204.3 FEES.
37 1. a. A permittee shall pay an annual fee to the
38 department of agriculture and land stewardship which
39 shall be remitted to the department as provided in
40 rules adopted by the department. The department shall
41 establish four payment dates each year beginning July
42 1 and which shall be three months apart. A permittee
43 who has been issued a construction permit for a
44 confinement feeding operation prior to the effective
45 date of this Act shall pay the annual fee on a payment
46 date specified by the department, but not earlier than
47 the second payment date following the effective date
48 of this Act. A permittee who has received a
49 construction permit on or after the effective date of
50 this Act shall make the full annual payment on the
Page 3
1 second payment date after the construction permit is
2 issued by the department. A permittee shall pay the
3 annual fee to the department on each anniversary of
4 the payment date. The department shall provide notice
5 in writing to a permittee within one month prior to
6 the permittee's payment date.
7 b. The annual fee shall equal ten cents per animal
8 unit of capacity for confinement feeding operations
9 housing poultry and twenty-four cents per animal unit
10 of capacity for confinement feeding operations housing
11 other species of animals. The fee shall not be paid,
12 if the confinement feeding operation does not house
13 any animals or store manure for three consecutive
14 months prior to the permittee's payment date. If the
15 animal feeding operation again houses animals or
16 stores manure, the permittee shall pay the department
17 by the next payment date and subsequently on each
18 anniversary of that payment date. The permittee shall
19 notify the department if a fee is not owing within one
20 month prior to the permittee's payment date.
21 c. A permittee is delinquent if the permittee
22 fails to submit the full fee when due, or if an
23 underpayment of the fee is found by the department.
24 The permittee is subject to a penalty of ten dollars
25 or an amount equal to the amount of the deficiency for
26 each day the permittee is delinquent, whichever is
27 less.
28 3. If, on March 1, the moneys of the fund, less
29 the department's estimate of the costs to the fund for
30 pending or unsettled claims, exceed one million
31 dollars, the annual fee payable pursuant to subsection
32 2 shall be waived. The department may reinstate the
33 annual fee if the moneys in the fund, less the
34 department's estimate of costs to the fund for pending
35 or unsettled claims, are less than eight hundred fifty
36 thousand dollars. The department shall reinstate the
37 annual fee if moneys in the fund, less the
38 department's estimate of the costs to the fund for
39 pending or unsettled claims, are less than seven
40 hundred fifty thousand dollars. A permittee who does
41 not make payment on or after July 1 of each fiscal
42 year shall pay the fee on the next payment date, but
43 not before one month prior to the next payment date.
44 However, a delayed payment shall not change a
45 permittee's payment date anniversary.
46 4. The department of natural resources shall
47 provide the department of agriculture and land
48 stewardship the most current available information
49 regarding the names and addresses of permittees,
50 including the capacity of the confinement feeding
Page 4
1 operations subject to the permit. The information
2 shall be delivered every three months according to
3 procedures established by the department.
4 Sec. ___. NEW SECTION. 204.4 COLLECTION.
5 The department, in cooperation with the attorney
6 general, may bring an action in court in order to
7 collect fees required to be paid as provided in
8 section 204.3.
9 Sec. ___. NEW SECTION. 204.5 CLAIMS AGAINST THE
10 FUND.
11 1. A county that has acquired real estate
12 containing a manure storage structure following
13 nonpayment of taxes pursuant to section 446.19 may
14 make a claim against the fund to pay the costs of
15 removing and disposing of the manure located in a
16 manure storage structure on the real estate. Each
17 claim shall include a bid by a qualified person, other
18 than a governmental entity, to remove and dispose of
19 the manure for a fixed amount specified in the bid.
20 2. The department shall determine if a claim is
21 eligible to be satisfied under this section, and do
22 one of the following:
23 a. Pay the fixed amount specified in the bid
24 submitted by the county upon completion of the work.
25 b. Obtain a lower fixed amount bid for the work
26 from another qualified person, other than a
27 governmental entity, and pay the fixed amount in this
28 bid upon completion of the work. The department is
29 not required to comply with section 18.6 in
30 implementing this section.
31 3. Upon a determination that the claim is eligible
32 for payment, the department shall provide for payment
33 of one hundred percent of the claim, as provided in
34 this section. If at any time the department
35 determines that there are insufficient moneys to make
36 payment of all claims, the department shall pay claims
37 according to the date that the claims are received by
38 the department. To the extent that a claim cannot be
39 fully satisfied, the department shall order that the
40 unpaid portion of the payment be deferred until the
41 claim can be satisfied. However, the department shall
42 not satisfy claims from moneys dedicated for the
43 administration of the fund.
44 4. In the event of payment of a claim under this
45 section, the fund is subrogated to the extent of the
46 amount of the payment to all rights, powers,
47 privileges, and remedies of the political subdivision
48 regarding the payment amount. The county shall render
49 all necessary assistance to the department in securing
50 the rights granted in this section. A case or
Page 5
1 proceeding initiated by a county which involves a
2 claim submitted to the department shall not be
3 compromised or settled without the consent of the
4 department. A county shall not be eligible to submit
5 a claim to the department if the county has
6 compromised or settled a case or proceeding, without
7 the consent of the department.
8 5. If upon disposition of the real estate the
9 county realizes an amount which exceeds the total
10 amount of the delinquent real estate taxes, the county
11 shall forward to the fund any excess amount which is
12 not more than the amount expended by the fund.
13 Sec. ___. NEW SECTION. 204.6 DEPARTMENTAL RULES.
14 The department of agriculture and land stewardship
15 shall adopt administrative rules pursuant to chapter
16 17A to administer this chapter.
17 Sec. ___. NEW SECTION. 204.7 NO STATE
18 OBLIGATION.
19 This chapter does not imply any guarantee or
20 obligation on the part of this state, or any of its
21 agencies, employees, or officials, either elective or
22 appointive, with respect to any agreement or
23 undertaking to which this chapter relates."
24 2. By striking page 13, line 33, through page 14,
25 line 2, and inserting the following: "feeding
26 operations. The department shall collect a
27 construction fee of fifty dollars prior to the
28 issuance of a construction permit. The department
29 shall deposit moneys collected in construction fees
30 into the general fund of the state. The department
31 shall issue a".
32 3. Page 20, line 20, by striking the word
33 "INDEMNITY" and inserting the following:
34 "CONSTRUCTION".
35 4. Page 20, line 21, by striking the word
36 "indemnity" and inserting the following:
37 "construction".
38 5. Page 20, line 22, by striking the figure
39 "204.3" and inserting the following: "455B.173".
40 6. Page 20, line 22, by striking the word
41 "enacted" and inserting the following: "amended".
42 7. Page 20, line 27, by striking the word
43 "indemnity" and inserting the following:
44 "construction".
45 8. Page 20, line 35, by striking the word
46 "indemnity" and inserting the following:
47 "construction".
48 9. Page 21, line 15, by striking the word
49 "indemnity" and inserting the following:
50 "construction".
Page 6
1 10. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 31, nays 47.
Amendment H-3595 lost.
Koenigs of Mitchell offered the following amendment H-3596 filed
by him and moved its adoption:
H-3596
1 Amend House File 519 as follows:
2 1. By striking page 1, line 12, through page 5,
3 line 31, and inserting the following:
4 "Sec. ___. NEW SECTION. 204.1 DEFINITIONS.
5 1. "Animal unit" means a unit of measurement used
6 to determine the animal capacity of an animal feeding
7 operation, based upon the product of multiplying the
8 number of animals of each species by the following:
9 a. Slaughter and feeder cattle 1.0
10 b. Mature dairy cattle 1.4
11 c. Butcher and breeding swine, over fifty-five pounds 0.4
12 d. Sheep or lambs 0.1
13 e. Horses 2.0
14 f. Turkeys 0.018
15 g. Broiler or layer chickens 0.01
16 2. "Annual fee" means the fee provided in section
17 204.3.
18 3. "Confinement feeding operation" means a
19 confinement feeding operation as defined in section
20 455B.161.
21 4. "Construction fee" means the fee provided in
22 section 204.3.
23 5. "Department" means the department of
24 agriculture and land stewardship.
25 6. "Fund" means the manure storage indemnity fund
26 created in section 204.2.
27 7. "Manure" means animal excreta or other commonly
28 associated wastes of animals, including but not
29 limited to bedding, litter, or feed losses.
30 8. "Manure storage structure" means a structure
31 used to store manure as part of a confinement feeding
32 operation required to be constructed pursuant to a
33 permit issued by the department of natural resources
34 pursuant to section 455B.173.
35 9. "Permittee" means a person who obtains a permit
36 for the construction of a confinement feeding
37 operation, if a manure storage structure is connected
38 to the confinement feeding operation.
39 Sec. ___. NEW SECTION. 204.2 MANURE STORAGE
40 INDEMNITY FUND.
41 1. A manure storage indemnity fund is created as a
42 separate fund in the state treasury under the control
43 of the department. The general fund of the state is
44 not liable for claims presented against the fund.
45 2. The fund consists of moneys from construction
46 fees and annual fees remitted by manure storage
47 permittees as provided in section 204.3; delinquency
48 penalties; sums collected on behalf of the fund by the
49 department through legal action or settlement; moneys
50 required to be repaid to the department by a county
Page 2
1 pursuant to this chapter; civil penalties assessed and
2 collected by the department of natural resources
3 pursuant to section 455B.191, against persons required
4 to obtain a permit for the construction of a
5 confinement feeding operation; moneys paid as a
6 settlement involving an enforcement action for a civil
7 penalty subject to assessment and collection by the
8 department of natural resources pursuant to section
9 455B.191; interest, property, and securities acquired
10 through the use of moneys in the fund; or moneys
11 contributed to the fund from other sources.
12 3. The moneys collected under this section and
13 deposited in the fund shall be used exclusively to
14 indemnify a county for expenses related to removing
15 and disposing of manure from a manure storage
16 structure, and to pay the administrative costs of this
17 chapter. The moneys in the fund are appropriated to
18 and for this purpose. Moneys in the fund shall not be
19 subject to appropriation for any other purpose.
20 4. The treasurer of state shall act as custodian
21 of the fund and disburse amounts contained in the fund
22 as directed by the department. The treasurer of state
23 is authorized to invest the moneys deposited in the
24 fund. The income from such investment shall be
25 credited to and deposited in the fund.
26 Notwithstanding section 8.33, moneys in the fund are
27 not subject to reversion. The fund shall be
28 administered by the department which shall make
29 expenditures from the fund consistent with the
30 purposes set out in this chapter. The moneys in the
31 fund shall be disbursed upon warrants drawn by the
32 director of revenue and finance pursuant to the order
33 of the department. The fiscal year of the fund begins
34 July 1. The finances of the fund shall be calculated
35 on an accrual basis in accordance with generally
36 accepted accounting principles. The auditor of state
37 shall regularly perform audits of the fund.
38 Sec. ___. NEW SECTION. 204.3 FEES.
39 1. The department of natural resources shall
40 deposit into the fund fees collected for the issuance
41 of permits for the construction of confinement feeding
42 operations as provided in section 455B.173.
43 2. a. A permittee shall pay an annual fee to the
44 department of agriculture and land stewardship which
45 shall be remitted to the department as provided in
46 rules adopted by the department. The department shall
47 establish four payment dates each year beginning July
48 1 and which shall be three months apart. A permittee
49 who has been issued a construction permit for a
50 confinement feeding operation prior to the effective
Page 3
1 date of this Act shall pay the annual fee on a payment
2 date specified by the department, but not earlier than
3 the second payment date following the effective date
4 of this Act. A permittee who has received a
5 construction permit on or after the effective date of
6 this Act shall make the full annual payment on the
7 second payment date after the construction permit is
8 issued by the department. A permittee shall pay the
9 annual fee to the department on each anniversary of
10 the payment date. The department shall provide notice
11 in writing to a permittee within one month prior to
12 the permittee's payment date.
13 b. The annual fee shall equal five cents per
14 animal unit of capacity for confinement feeding
15 operations housing poultry and twelve and one-half
16 cents per animal unit of capacity for confinement
17 feeding operations housing other species of animals.
18 The fee shall not be paid, if the confinement feeding
19 operation does not house any animals or store manure
20 for three consecutive months prior to the permittee's
21 payment date. If the animal feeding operation again
22 houses animals or stores manure, the permittee shall
23 pay the department by the next payment date and
24 subsequently on each anniversary of that payment date.
25 The permittee shall notify the department if a fee is
26 not owing within one month prior to the permittee's
27 payment date.
28 c. A permittee is delinquent if the permittee
29 fails to submit the full fee when due, or if an
30 underpayment of the fee is found by the department.
31 The permittee is subject to a penalty of ten dollars
32 or an amount equal to the amount of the deficiency for
33 each day the permittee is delinquent, whichever is
34 less.
35 3. If, on March 1, the moneys of the fund, less
36 the department's estimate of the costs to the fund for
37 pending or unsettled claims, exceed five hundred
38 thousand dollars, the annual fee payable pursuant to
39 subsection 2 shall be waived. The department may
40 reinstate the annual fee if the moneys in the fund,
41 less the department's estimate of costs to the fund
42 for pending or unsettled claims, are less than four
43 hundred thousand dollars. The department shall
44 reinstate the annual fee if moneys in the fund, less
45 the department's estimate of the costs to the fund for
46 pending or unsettled claims, are less than three
47 hundred fifty thousand dollars. A permittee who does
48 not make payment on or after July 1 of each fiscal
49 year shall pay the fee on the next payment date, but
50 not before one month prior to the next payment date.
Page 4
1 However, a delayed payment shall not change a
2 permittee's payment date anniversary.
3 4. The department of natural resources shall
4 provide the department of agriculture and land
5 stewardship the most current available information
6 regarding the names and addresses of permittees,
7 including the capacity of the confinement feeding
8 operations subject to the permit. The information
9 shall be delivered every three months according to
10 procedures established by the department.
11 Sec. ___. NEW SECTION. 204.4 COLLECTION.
12 The department, in cooperation with the attorney
13 general, may bring an action in court in order to
14 collect fees required to be paid as provided in
15 section 204.3.
16 Sec. ___. NEW SECTION. 204.5 CLAIMS AGAINST THE
17 FUND.
18 1. A county that has acquired real estate
19 containing a manure storage structure following
20 nonpayment of taxes pursuant to section 446.19 may
21 make a claim against the fund to pay the costs of
22 removing and disposing of the manure located in a
23 manure storage structure on the real estate. Each
24 claim shall include a bid by a qualified person, other
25 than a governmental entity, to remove and dispose of
26 the manure for a fixed amount specified in the bid.
27 2. The department shall determine if a claim is
28 eligible to be satisfied under this section, and do
29 one of the following:
30 a. Pay the fixed amount specified in the bid
31 submitted by the county upon completion of the work.
32 b. Obtain a lower fixed amount bid for the work
33 from another qualified person, other than a
34 governmental entity, and pay the fixed amount in this
35 bid upon completion of the work. The department is
36 not required to comply with section 18.6 in
37 implementing this section.
38 3. Upon a determination that the claim is eligible
39 for payment, the department shall provide for payment
40 of one hundred percent of the claim, as provided in
41 this section. If at any time the department
42 determines that there are insufficient moneys to make
43 payment of all claims, the department shall pay claims
44 according to the date that the claims are received by
45 the department. To the extent that a claim cannot be
46 fully satisfied, the department shall order that the
47 unpaid portion of the payment be deferred until the
48 claim can be satisfied. However, the department shall
49 not satisfy claims from moneys dedicated for the
50 administration of the fund.
Page 5
1 4. In the event of payment of a claim under this
2 section, the fund is subrogated to the extent of the
3 amount of the payment to all rights, powers,
4 privileges, and remedies of the political subdivision
5 regarding the payment amount. The county shall render
6 all necessary assistance to the department in securing
7 the rights granted in this section. A case or
8 proceeding initiated by a county which involves a
9 claim submitted to the department shall not be
10 compromised or settled without the consent of the
11 department. A county shall not be eligible to submit
12 a claim to the department if the county has
13 compromised or settled a case or proceeding, without
14 the consent of the department.
15 5. If upon disposition of the real estate the
16 county realizes an amount which exceeds the total
17 amount of the delinquent real estate taxes, the county
18 shall forward to the fund any excess amount which is
19 not more than the amount expended by the fund.
20 Sec. ___. NEW SECTION. 204.6 DEPARTMENTAL RULES.
21 The department of agriculture and land stewardship
22 shall adopt administrative rules pursuant to chapter
23 17A to administer this chapter.
24 Sec. ___. NEW SECTION. 204.7 NO STATE
25 OBLIGATION.
26 This chapter does not imply any guarantee or
27 obligation on the part of this state, or any of its
28 agencies, employees, or officials, either elective or
29 appointive, with respect to any agreement or
30 undertaking to which this chapter relates."
31 2. Page 13, line 33, by striking the words "an
32 indemnity" and inserting the following: "a
33 construction".
34 3. Page 13, line 34, by inserting after the word
35 "fee" the following: "of fifty dollars".
36 4. Page 14, line 1, by striking the words
37 "indemnity fees" and inserting the following:
38 "construction fees for confinement feeding operations
39 as provided in section 204.3."
40 5. Page 20, line 20, by striking the word
41 "INDEMNITY" and inserting the following:
42 "CONSTRUCTION".
43 6. Page 20, line 21, by striking the word
44 "indemnity" and inserting the following:
45 "construction".
46 7. Page 20, line 27, by striking the word
47 "indemnity" and inserting the following:
48 "construction".
49 8. Page 20, line 35, by striking the word
50 "indemnity" and inserting the following:
Page 6
1 "construction".
2 9. Page 21, line 15, by striking the word
3 "indemnity" and inserting the following:
4 "construction".
5 10. By renumbering as necessary.
Roll call was requested by Koenigs of Mitchell and Fallon of
Polk.
On the question "Shall amendment H-3596 be adopted?" (H.F. 519)
The ayes were, 38:
Arnold Baker Bell Bernau
Brand Burnett Carroll Cohoon
Coon Dinkla Doderer Drees
Fallon Garman Grundberg Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May McCoy
Moreland Mundie Murphy Nelson, L.
O'Brien Ollie Running Schrader
Shoultz Sukup Teig Warnstadt
Weigel Witt
The nays were, 53:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Cataldo Churchill
Cormack Cornelius Daggett Disney
Drake Eddie Ertl Gipp
Greig Greiner Gries Grubbs
Hahn Halvorson Hammitt Hanson
Harrison Heaton Hurley Huseman
Jacobs Klemme Kremer Lamberti
Larson Lord Main Martin
Mertz Metcalf Meyer Millage
Nelson, B. Nutt Renken Salton
Schulte Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Rants,
Presiding
Absent or not voting, 9:
Brammer Brunkhorst Connors Corbett,
Spkr.
Houser Myers Siegrist Van Maanen
Wise
Amendment H-3596 lost.
Fallon of Polk offered amendment H-3638 filed by him and Coon as
follows:
H-3638
1 Amend House File 519 as follows:
2 1. By striking page 1, line 12 through page 5,
3 line 31.
4 2. By striking page 13, line 33, through page 14,
5 line 2, and inserting the following: "feeding
6 operations. The department shall issue a".
7 3. Page 14, line 7, by inserting after the word
8 "permit." the following: "The person shall not obtain
9 a permit, unless the person provides evidence of
10 financial assurance with the department, as approved
11 by the department, and which may be moneys deposited
12 in an escrow account, a letter of credit, a bond, or
13 an insurance policy, which shall be used as provided
14 in section 455B.205."
15 4. Page 18, by inserting after line 16 the
16 following:
17 "Sec. ___. NEW SECTION. 455B.205 FINANCIAL
18 ASSURANCE REQUIRED.
19 A person who receives a permit under section
20 455B.173 must establish and at all times maintain
21 financial assurance in a form required by the
22 department which may include the deposit of moneys in
23 an escrow account, a letter of credit, a bond, or an
24 insurance policy, as provided upon such terms and
25 conditions as the department requires. The amount of
26 the financial assurance shall equal one cent for each
27 gallon of capacity of all structures connected to the
28 operation which are used to store manure as part of an
29 animal feeding operation required to be constructed
30 pursuant to a permit issued by the department pursuant
31 to section 455B.173. The department shall require
32 that the financial assurance shall be used for
33 purposes of paying costs of removing and disposing of
34 the manure from a manure storage structure. The
35 department shall oversee the removal and disposal of
36 the manure, and may use the financial assurance to pay
37 for the work by a qualified person based upon bids let
38 by the department. The department shall use the
39 financial assurance if the permittee liquidates assets
40 including in bankruptcy, to the extent allowed by
41 federal law; the operation is abandoned; or there is
42 evidence that the operation is threatening the quality
43 of groundwater or surface water, and there is
44 compelling evidence that the permittee is incapable or
45 unwilling to remedy the cause of the pollution in a
46 timely manner."
47 5. By striking page 20, line 20 through page 21,
48 line 16.
49 6. By renumbering as necessary.
Fallon of Polk offered the following amendment H-3656, to
amendment H-3638 filed by him and Coon and moved its adoption:
H-3656
1 Amend the amendment, H-3638, to House File 519 as
2 follows:
3 1. Page 1, by striking lines 19 and 20 and
4 inserting the following:
5 "An animal feeding operation constructed pursuant
6 to a permit issued pursuant to section 455B.173 shall
7 not operate unless at all times there is maintained
8 for the operation".
9 2. Page 1, line 26, by striking the word "one"
10 and inserting the following: "one-half".
11 3. Page 1, line 31, by inserting after the figure
12 "455B.173." the following: "If a person establishes
13 an escrow account, the person may contribute to the
14 account according to a schedule. However, the
15 contributions into the account must be made in equal
16 installments at least each six months for a period not
17 to exceed five years. Moneys earned from the account
18 shall be paid to the owner of the account."
19 4. Page 1, line 37, by inserting after the word
20 "let" the following: "or approved".
21 5. Page 1, line 38, by striking the words "use
22 the" and inserting the following: "use or approve the
23 use of".
24 6. Page 1, line 46, by inserting after the word
25 "manner." the following: "The department shall
26 provide for the withdrawal of moneys in the account by
27 the owner of the operation as required to close the
28 facility. Any remaining moneys shall be paid to the
29 owner of the account."
Amendment H-3656 was adopted.
Fallon of Polk asked and received unanimous consent to defer
action on amendment H-3638, as amended.
Fallon of Polk asked and received unanimous consent to defer
action on amendment H-3565.
Mundie of Webster offered amendment H-3582 filed by him as
follows:
H-3582
1 Amend House File 519 as follows:
2 1. Page 5, by inserting after line 31 the
3 following:
4 "Sec. ___. NEW SECTION. 455B.110 INSPECTION OF
5 ANIMAL FEEDING OPERATIONS.
6 The department shall conduct random inspections of
7 animal feeding operations, including anaerobic
8 lagoons, and confinement feeding operation structures,
9 as defined in section 455B.161, aerating systems, and
10 manure management practices employed by the operation
11 as provided in section 455B.202, to ensure that such
12 operations comply with all applicable requirements of
13 this chapter and rules adopted by the department
14 pursuant to this chapter. However, in order to access
15 the operation, the departmental inspector must comply
16 with standard disease control restrictions customarily
17 required by the operation. The department shall
18 complete a written report for each inspection which
19 shall be available as a public record as provided in
20 chapter 22."
21 2. By renumbering as necessary.
Mundie of Webster offered the following amendment H-3648, to
amendment H-3582, filed by him and moved its adoption:
H-3648
1 Amend the amendment, H-3582, to House File 519, as
2 follows:
3 1. Page 1, by striking lines 17 through 20 and
4 inserting the following: "required by the
5 operation.""
Amendment H-3648 was adopted.
Mundie of Webster moved the adoption of amendment H-3582, as
amended.
Roll call was requested by Mundie of Webster and Schrader of
Marion.
On the question "Shall amendment H-3582, as amended, be
adopted?" (H.F. 519)
The ayes were, 31:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Drees
Fallon Harper Holveck Jochum
Koenigs Kreiman Larkin Mascher
May McCoy Mertz Mundie
Murphy Nelson, L. O'Brien Ollie
Running Schrader Shoultz Sukup
Warnstadt Weigel Witt
The nays were, 58:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Carroll
Churchill Coon Cormack Cornelius
Daggett Dinkla Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Hahn Halvorson Hammitt Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Millage
Nelson, B. Nutt Renken Salton
Schulte Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Rants,
Presiding
Absent or not voting, 11:
Brammer Brunkhorst Connors Corbett,
Spkr.
Doderer Grundberg Moreland Myers
Siegrist Van Maanen Wise
Amendment H-3582, as amended, lost.
Gipp of Winneshied asked and received unanimous consent that
House File 519 be deferred and be placed on the Unfinished
Business Calendar, Special Order.
MOTION TO RECONSIDER
(Amendment H-3637, to House File 519)
I move to reconsider the vote by which amendment H-3637, to
House File 519 was adopted on April 3, 1995.
KOENIGS of Mitchell
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 3, 1995, he approved and transmitted to the Secretary
of State the following bills:
House File 30, an act relating to the fee for a combined hunting
and fishing license and providing an effective date and
applicability provision.
House File 186, an act relating to energy conservation including
making appropriations of petroleum overcharge funds.
GOVERNOR'S ITEM VETO MESSAGE
A copy of the following communication was received and placed on
file:
March 31, 1995
The Honorable Ron Corbett
Speaker of the House of Representatives
State Capitol Building
L O C A L
Dear Mr. Speaker:
I hereby transmit House File 132, an act relating to and making
appropriations for the fiscal years beginning July 1, 1994, and
July 1, 1995, and providing an effective date.
I am disappointed the General Assembly has fallen back into the
irresponsible budgeting practices of the past. These same
practices, which are inconsistent with sound accounting
principles, led the state into massive financial difficulties
which took years to correct. The bill contains numerous
expenditures that are charged to the wrong fiscal year. Such
practices are inappropriate because they do not fairly represent
the expenditures for the given fiscal year (in this case, fiscal
year 1996 expenses are budgeted in fiscal year 1995), and to the
extent that ongoing expenses are funded from a prior year's
budget, create "built-in" increases for the subsequent year.
These practices are unacceptable and cannot be tolerated.
Furthermore, I am also disappointed by the General Assembly's
failure to provide critical supplemental funding for the Iowa
Communications Network (ICN) which I recommended in January.
This inaction by the General Assembly represents a grave neglect
of pressing financial needs that could jeopardize the operation
of a statewide communications system that benefits thousands of
Iowa school children every day. The Iowa Communications Network
is such a vital and visionary component of Iowa's educational
future that the absence of this much needed supplemental is both
indefensible and shortsighted.
House File 132 is, therefore, approved on this date with the
following exceptions which I hereby disapprove.
I am unable to approve the items designated as Sections 1 and 2,
in their entirety. These items appropriate approximately $2
million to the Department of Human Services to fund program
expansions and provider reimbursement increases. A current year
appropriation for these purposes is inappropriate in that the
actual spending will occur almost entirely in the next fiscal
year. It not only masks the true base spending level in fiscal
year 1996, but also creates an automatic increase in fiscal year
1997.
I am unable to approve the item designated as Section 4,
subsection 1, in its entirety. This item appropriates additional
funds in fiscal year 1995 for restoration of the Capitol. My
budget recommendations include funding to implement an
aggressive plan for Capitol restoration over the next three
years, starting in fiscal year 1996. This funding should be
considered a part of the fiscal year 1996 budget.
I am unable to approve the item designated as Section 6, in its
entirety. This item appropriates $4 million for the Iowa Court
Information System (ICIS). This is an expense that will be
incurred in fiscal year 1996, where it is more appropriately
budgeted. My budget recommendations for fiscal year 1996 fully
fund the Court's request, including the funding requested for
ICIS.
I am unable to approve the item designated as Section 10, in its
entirety. This item would require that regional networks be a
part of the state's managed care contract for substance abuse
services. Such a requirement would inhibit the state's
flexibility to achieve the most cost-effective contracting
arrangement for substance abuse services.
For the above reasons, I hereby respectfully disapprove these
items in accordance with Amendment IV of the Amendments of 1968
to the Constitution of the State of Iowa. All other items in
House File 132 are hereby approved as of this
date.
Sincerely,
Terry E. Branstad
Governor
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Forty-seven students from Central Lyon, Rock Rapids, accompanied
by Eldon Maxwell and Hank Grant. By Vande Hoef of Osceola.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
AUDITOR OF STATE
The Audit Report for the Department of Revenue and Finance
(Lottery Division) for the three months and six months ended
December 31, 1994, pursuant to Chapter 99E.11, Code of Iowa.
DEPARTMENT OF NATURAL RESOURCES
A report regarding the status of Solid Waste Comprehensive
Planning Areas and the State in attaining the July 1, 1994
twenty-five percent waste reduction and recycling goal, pursuant
to Chapter 455D.3 (3) (a), Code of Iowa.
STATE OF OREGON
Senate Concurrent Resolution 3 which declares sovereignty of the
State of Oregon over the Federal Government and instructs the
Federal Government to cease and desist immediately all mandates
outside the scope of its constitutionally delegated authority.
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\168 Coach Larry Ireland, Asst. Coaches, and the Ankeny High
School Boy's Basketball Team, Ankeny - For winning 1st place in
the Class 4A 1995 Boy's State Basketball Tournament.
1995\169 Collin Votrobeck, Arthur - For earning a Gold Key in
the 1995 Iowa Scholastic Arts Awards Program.
1995\170 Max and Jean Nickel, Corydon - For celebrating their
50th wedding anniversary.
1995\171 Gunn Elementary School Odyssey of the Mind Team,
Council Bluffs - For receiving 1st place in its category and
division and qualifying for the Odyssey of the Mind World Finals.
1995\172 Courtney Brummer, Council Bluffs - For being named Iowa
High School Journalist of the Year.
1995\173 Larry Baldwin, Jesup - For coaching the Jesup Community
School Basketball Team to its 200th win.
1995\174 Merlyn Elman, Buffalo Center - For receiving a news
media award from the Iowa High School Athletic Association for
his long-time dedication to high school sports coverage.
1995\175 Ken Krumwiede, Davenport - For being named Principal of
the Year.
1995\176 Bridgewater-Fontanelle School Board,
Bridgewater-Fontanelle - For receiving a Citation of Excellence
from the Kennedy Center Alliance for Arts Education Network.
SUBCOMMITTEE ASSIGNMENTS
Senate File 83
Education: Gries, Chair; Nelson of Pottawattamie and Veenstra.
Senate File 208
Human Resources: Boddicker, Chair; Burnett and Salton.
Senate File 282
Human Resources: Boddicker, Chair; Burnett and Salton.
Senate File 388
Education: Grubbs, Chair; Baker and Gries.
Senate File 389
Education: Brunkhorst, Chair; Rants and Warnstadt.
Senate File 403
Ways and Means: Blodgett, Chair; Jochum and Main.
Senate File 407
Natural Resources: Cornelius, Chair; Bell and Greig.
Senate File 431
Human Resources: Harrison, Chair; Fallon, Hammitt, Hurley and
Moreland.
Senate File 433
Human Resources: Boddicker, Chair; Brand and Salton.
Senate File 436
Human Resources: Boddicker, Chair; Burnett and Salton.
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 WAYS AND MEANS
Committee Bill (Formerly House Study Bill 119), relating to the
deduction and credit for amounts paid for tuition and textbooks
for elementary and secondary schools under the state individual
income tax and providing effective and applicability date
provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass April 3, 1995.
RESOLUTION FILED
HCR 37, by Koenigs, a concurrent resolution opposing a plan for
agricultural producers proposed by certain commodity
organizations in preparation for the 1995 federal farm bill.
Referred to committee on agriculture.
AMENDMENTS FILED
H-3673 H.F. 521 Weigel of Chickasaw
H-3674 H.F. 521 Weigel of Chickasaw
H-3675 H.F. 519 Schrader of Marion
H-3676 H.F. 519 Schrader of Marion
H-3677 H.F. 370 Blodgett of Cerro Gordo
H-3678 H.F. 370 Shoultz of Black Hawk
H-3679 H.F. 370 Shoultz of Black Hawk
H-3680 H.F. 472 McCoy of Polk
H-3681 H.F. 492 Connors of Polk
H-3682 H.F. 521 Weigel of Chickasaw
H-3683 S.F. 178 Blodgett of Cerro Gordo
H-3684 S.F. 290 Warnstadt of Woodbury
Welter of Jones
H-3685 S.F. 290 Myers of Johnson
Welter of Jones
H-3686 S.F. 93 Coon of Warren
Kreiman of Davis
H-3687 H.F. 370 Shoultz of Black Hawk
H-3688 H.F. 492 Kreiman of Davis
H-3689 H.F. 492 Kreiman of Davis
H-3690 H.F. 492 Kreiman of Davis
H-3691 H.F. 492 Kreiman of Davis
H-3692 H.F. 492 Kreiman of Davis
H-3693 H.F. 549 Blodgett of Cerro Gordo
H-3694 S.F. 266 Weigel of Chickasaw
Mertz of Humboldt
May of Worth
Mundie of Webster
Drees of Carroll
H-3695 H.F. 492 Kreiman of Davis
H-3696 H.F. 493 Disney of Polk
Connors of Polk
H-3697 H.F. 549 Blodgett of Cerro Gordo
H-3698 H.F. 514 Eddie of Buena Vista
H-3699 H.F. 370 Weigel of Chickasaw
H-3700 H.F. 370 Weigel of Chickasaw
H-3701 H.F. 514 Harper of Black Hawk
H-3702 S.F. 290 Harper of Black Hawk
H-3703 H.F. 518 Fallon of Polk
H-3704 H.F. 518 Weigel of Chickasaw
H-3705 H.F. 370 Shoultz of Black Hawk
H-3706 H.F. 519 Schrader of Marion
H-3707 H.F. 246 Grubbs of Scott
Kreiman of Davis
H-3708 H.F. 396 Metcalf of Polk
H-3709 S.F. 423 Metcalf of Polk
H-3710 H.F. 370 McCoy of Polk
On motion by Gipp of Winneshiek, the House adjourned at 9:47
p.m. until 8:45 a.m., Tuesday, April 4, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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