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Eighty-sixth Calendar Day - Fifty-eighth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 4, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Larry W. Conrad, Polk City United
Methodist Church, Polk City.
The Journal of Monday, April 3, 1995 was approved.
PETITION FILED
The following petition was received and placed on file:
By Arnold of Lucas from one hundred forty-eight citizens of
Clarke County favoring retaining the issuance of driver's
licenses in the County Treasurer's office.
INTRODUCTION OF BILL
House File 555, by committee on ways and means, a bill for an
act 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.
Read first time and placed on the ways and means calendar.
SENATE MESSAGES CONSIDERED
Senate File 168, by Hammond, a bill for an act relating to
child abuse and child sexual abuse reporting and increasing a
penalty.
Read first time and referred to committee on human resources.
Senate File 201, by committee on ways and means a bill for
an act updating the Iowa Code references to the Internal Revenue
Code and providing retroactive applicability and effective dates.
Read first time and passed on file.
Senate File 331, by committee on state government, 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.
Read first time and passed on file.
Senate File 347, by committee on human resources, 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.
Read first time and referred to committee on commerce-regulation.
Senate File 354, by Szymoniak, a bill for an act relating to
autopsies of certain children under the age of two years.
Read first time and referred to committee on human resources.
Senate File 360, by committee on local government, a bill
for an act to increase the fee for the transfer of property in
county transfer records.
Read first time and referred to committee on local govenment.
Senate File 392, by committee on local government, a bill
for an act relating to notice requirements for voluntary
annexation of property by a city.
Read first time and referred to committee on local government.
Senate File 443, by committee on judiciary, 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.
Read first time and referred to committee on judiciary.
Senate File 450, by committee on human resources, 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.
Read first time and referred to committee on human resources.
Senate File 454, by committee on human resources, 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.
Read first time and referred to committee on human resources.
Senate File 458, by committee on ways and means, a bill for
an act relating to the duties of the county treasurer and
providing effective and applicability dates.
Read first time and passed on file.
CONSIDERATION OF BILLS
Regular Calendar
House File 367, a bill for an act providing for notification of
certain persons receiving public assistance of tax suspension
provisions, was taken up for consideration.
SENATE FILE 223 SUBSTITUTED FOR HOUSE FILE 367
Boddicker of Cedar asked and received unanimous consent to
substitute Senate File 223 for House File 367.
Senate File 223, a bill for an act providing for notification of
certain persons receiving public assistance of tax suspension
provisions, was taken up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 223 be deferred and that the bill be placed on
the unfinished business calendar.
House File 386, a bill for an act authorizing certain cities to
appoint a board of review to hear city taxpayer appeals, with
report of committee recommending passage, was taken up for
consideration.
Klemme of Plymouth offered the following amendment H-3415 filed
by him and moved its adoption:
H-3415
1 Amend House File 386 as follows:
2 1. Page 1, line 28, by inserting after the word
3 "council" the following: "of a city having a
4 population of seventy-five thousand or more,".
5 2. Page 1, lines 29 and 30, by striking the
6 words: "and is also eligible to appoint a city
7 assessor pursuant to section 441.1".
Amendment H-3415 was adopted.
SENATE FILE 385 SUBSTITUTED FOR HOUSE FILE 386
Klemme of Plymouth asked and received unanimous consent to
substitute Senate File 385 for House File 386.
Senate File 385, a bill for an act authorizing the appointment
of a city board of review by certain cities, was taken up for
consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 385 be deferred and that the bill be placed on
the unfinished business calendar.
House File 347, a bill for an act relating to the delay of the
repeal for the exemption of certain multiple employer welfare
arrangements from regulation by the insurance division and
providing an effective date, was taken up for consideration.
SENATE FILE 274 SUBSTITUTED FOR HOUSE FILE 347
Churchill of Polk asked and received unanimous consent to
substitute Senate File 274 for House File 347.
Senate File 274, a bill for an act relating to the delay of the
repeal for the exemption of certain multiple employer welfare
arrangements from regulation by the insurance division and
providing an effective date, was taken up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 274 be deferred and that the bill be placed on
the unfinished business calendar.
House File 174, a bill for an act relating to notice for
vacating and closing roads, with report of committee
recommending passage, was taken up for consideration.
Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-3375 filed by Carroll, et. al., on March
21, 1995.
Carroll of Poweshiek offered the following amendment H-3521
filed by him and moved its adoption:
H-3521
1 Amend House File 174 as follows:
2 1. Page 1, by striking lines 13 and 14 and
3 inserting the following: "certified mail, and shall
4 notify all property owners located outside the
5 boundary of a city within one mile of the road by
6 regular mail."
Amendment H-3521 was adopted.
SENATE FILE 141 SUBSTITUTED FOR HOUSE FILE 174
Carroll of Poweshiek asked and received unanimous consent to
substitute Senate File 141 for House File 174.
Senate File 141, a bill for an act relating to notice for
vacating and closing roads, was taken up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 141 be deferred and that the bill be placed on
the unfinished business calendar.
House File 193, a bill for an act providing that animals
classified as ostriches, rheas, and emus are considered
livestock, with report of committee recommending amendment and
passage, was taken up for consideration.
Boggess of Taylor asked and received unanimous consent to
withdraw amendment H-3326 filed by the committee on agriculture
on March 16, 1995.
SENATE FILE 278 SUBSTITUTED FOR HOUSE FILE 193
Boggess of Taylor asked and received unanimous consent to
substitute Senate File 278 for House File 193.
Senate File 278, a bill for an act providing that animals
classified as ostriches, rheas, and emus are considered
livestock, was taken up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 278 be deferred and that the bill be placed on
the unfinished business calendar.
HOUSE FILE 193 WITHDRAWN
Boggess of Taylor asked and received unanimous consent to
withdraw House File 193 from further consideration by the House.
PRESENTATION OF PELLA TULIP QUEEN
AND HER ATTENDANTS
Speaker pro tempore Van Maanen presented to the House, from the
Speaker's station, Shanon Gutierrez, Queen of the 1995 Pella
Tulip Festival.
Queen Shanon presented her attendants Jill Van Wyk, Teresa
Zuidema, Kara De Haan and Lynne Van Roekel.
Also present from Pella were the parents of the Queen and her
court who were dressed in native Dutch costume and distributed
the famous Pella Dutch cookies.
Queen Shanon addressed the House briefly and invited everyone to
attend the Pella Tulip Festival May 11, 12, and 13, 1995.
The House rose and expressed its welcome.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:12 a.m., until 10:00 a.m.
The House reconvened at 10:12 a.m., Speaker pro tempore Van
Maanen of Marion in the chair.
CONSIDERATION OF BILLS
Regular Calendar
House File 246, a bill for an act relating to civil litigation
by inmates and prisoners and deductions from inmate accounts for
certain expenses, including costs of litigation by inmates, with
report of committee recommending passage, was taken up for
consideration.
Grubbs of Scott offered the following amendment H-3707 filed by
him and Kreiman and moved its adoption:
H-3707
1 Amend House File 246 as follows:
2 1. Page 1, line 3, by inserting after the figure
3 "610.1" the following: "or 822.5".
4 2. Page 1, line 6, by striking the word "county"
5 and inserting the following: "municipal".
6 3. Page 1, line 34, by striking the word "county"
7 and inserting the following: "municipal".
8 4. Page 3, line 2, by inserting after the word
9 "hearing" the following: "pursuant to chapter 903A".
10 5. Page 3, line 4, by striking the word "county"
11 and inserting the following: "municipality".
12 6. Page 3, lines 5 and 6, by striking the words
13 "and without prior notice" and inserting the
14 following: ", following notice and hearing,".
15 7. Page 3, by inserting after line 8 the
16 following:
17 "Sec. ___. Section 903A.3, subsection 1, Code
18 1995, is amended to read as follows:
19 1. Upon finding that an inmate has violated an
20 institutional rule, or has had an action or appeal
21 dismissed under section 610A.2, the independent
22 administrative law judge may order forfeiture of any
23 or all good conduct time earned and not forfeited up
24 to the date of the violation by the inmate and may
25 order forfeiture of any or all good conduct time
26 earned and not forfeited up to the date the action or
27 appeal is dismissed, unless the court entered such an
28 order under section 610A.3. The independent
29 administrative law judge has discretion within the
30 guidelines established pursuant to section 903A.4, to
31 determine the amount of time that should be forfeited
32 based upon the severity of the violation. Prior
33 violations by the inmate may be considered by the
34 administrative law judge in the decision."
Amendment H-3707 was adopted.
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. 246)
The ayes were, 93:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Coon Corbett, Spkr. Cormack
Cornelius Daggett Dinkla Disney
Drake Drees Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Hanson Harper
Harrison Heaton Hurley Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May McCoy Mertz
Metcalf Meyer 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
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen,
Presiding
The nays were, 3:
Doderer Fallon Holveck
Absent or not voting, 4:
Brammer Connors Houser Millage
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 246 be immediately messaged to the Senate.
House File 492, a bill for an act relating to landlord remedies
for tenant noncompliance with a rental agreement and acts
constituting a clear and present danger, was taken up for
consideration.
Vande Hoef of Osceola offered amendment H-3386 filed by him as
follows:
H-3386
1 Amend House File 492 as follows:
2 1. Page 2, by striking lines 2 through 8.
3 2. Page 4, by inserting after line 6 the
4 following:
5 "Sec. ___. Section 562B.25A, subsection 2,
6 unnumbered paragraph 1, Code 1995, is amended to read
7 as follows:
8 A clear and present danger to the health or safety
9 of other tenants, the landlord, or the landlord's
10 employees or agents, or other persons on or within one
11 thousand feet of the landlord's property includes, but
12 is not limited to, any of the following activities of
13 the tenant or of any person on the premises with the
14 consent of the tenant:"
15 3. By renumbering as necessary.
Kreiman of Davis offered amendment H-3688, to amendment H-3386,
filed by him and requested division as follows:
H-3688
1 Amend the amendment, H-3386, to House File 492 as
2 follows:
H-3688A
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 1, by inserting after line 8 the
6 following:
7 "Sec. ___. Section 562A.26, Code 1995, is amended
8 to read as follows:
9 562A.26 TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL
10 OUSTER, EXCLUSION, OR DIMINUTION OF SERVICE.
11 If the landlord unlawfully removes or excludes the
12 tenant from the premises or willfully diminishes
13 services to the tenant by interrupting or causing the
14 interruption of electric, gas, water or other
15 essential service to the tenant, the tenant may
16 recover possession or terminate the rental agreement
17 and, in either case, recover the actual damages
18 sustained by the tenant, but not less than an amount
19 equal to one month's rent, and reasonable attorney's
20 fees. If the rental agreement is terminated, the
21 landlord shall return all prepaid rent and security.""
H-3688B
22 2. Page 1, by inserting after line 2 the
23 following:
H-3688B
24 " . Page 2, line 22, by inserting after the
25 word "quit." the following: "The seventy-two hour
26 notice shall provide the tenant with notice, by
27 including a copy of subsection 3 with the notice, that
28 the tenant may cure the clear and present danger."
29 . Page 3, by striking lines 20 through 25 and
30 inserting the following: "property and the property
31 remains unclaimed fourteen days after the landlord has
32 attempted to contact the owner of the property one
33 time by ordinary mail at the tenant's last known
34 address, the landlord may dispose of the property in
35 accordance with the terms of the rental agreement. If
36 the rental agreement does not provide for the
37 disposition of abandoned property, the property shall
38 be sold at sheriff's sale with the proceeds to go to
39 the county general fund unless the proceeds are
40 claimed by the tenant within ninety days of the
41 sheriff's sale."
42 . Page 3, by inserting before line 26 the
43 following:
44 "Sec. ___. Section 562B.10, subsection 4, Code
45 1995, is amended to read as follows:
46 4. Rental agreements shall be for a term of one
47 year unless otherwise specified in the rental
48 agreement. Rental agreements shall be canceled by at
49 least sixty days' written notice given by either
50 party. A landlord shall cancel a rental agreement
Page 2
1 only for good cause and shall not cancel a rental
2 agreement solely for the purpose of making the
3 tenant's mobile home space available for another
4 mobile home."
5 . Page 4, line 4, by inserting after the word
6 "quit." the following: "The three-day notice shall
7 provide the tenant with notice, by including a copy of
8 subsection 3 with the notice, that the tenant may cure
9 the clear and present danger.""
H-3688A
10 3. Page 1, by inserting after line 14 the
11 following:
12 " . Page 5, by striking lines 16 through 25.
13 . Title page, line 1, by inserting after the
14 word "noncompliance" the following: ", and tenant
15 remedies for landlord noncompliance,"."
Kreiman of Davis asked and received unanimous consent to
withdraw amendments H-3688A and H-3688B, to amendment H-3386,
filed by him on April 3, 1995.
Kreiman of Davis offered the following amendment H-3689, to
amendment H-3386, filed by him and moved its adoption:
H-3689
1 Amend the amendment, H-3386, to House File 492 as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 1, by inserting after line 8 the
6 following:
7 "Sec. ___. Section 562A.26, Code 1995, is amended
8 to read as follows:
9 562A.26 TENANT'S REMEDIES FOR LANDLORD'S UNLAWFUL
10 OUSTER, EXCLUSION, OR DIMINUTION OF SERVICE.
11 If the landlord unlawfully removes or excludes the
12 tenant from the premises or willfully diminishes
13 services to the tenant by interrupting or causing the
14 interruption of electric, gas, water or other
15 essential service to the tenant, the tenant may
16 recover possession or terminate the rental agreement
17 and, in either case, recover the actual damages
18 sustained by the tenant, but not less than an amount
19 equal to one month's rent, and reasonable attorney's
20 fees. If the rental agreement is terminated, the
21 landlord shall return all prepaid rent and security.""
22 2. Page 1, by inserting after line 14 the
23 following:
24 " . Title page, line 1, by inserting after the
25 word "noncompliance" the following: ", and tenant
26 remedies for landlord noncompliance,"."
A non-record roll call was requested.
The ayes were 20, nays 52.
Amendment H-3689 lost.
Kreiman of Davis asked and received unanimous consent to defer
action on amendment H-3672, to amendment H-3386.
Kreiman of Davis offered amendment H-3690, to amendment H-3386,
filed by him as follows:
H-3690
1 Amend the amendment, H-3386, to House File 492, as
2 follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 3, by striking lines 20 through 25 and
6 inserting the following: "property and the property
7 remains unclaimed fourteen days after the landlord has
8 attempted to contact the owner of the property one
9 time by ordinary mail at the tenant's last known
10 address, the landlord may dispose of the property in
11 accordance with the terms of the rental agreement. If
12 the rental agreement does not provide for the
13 disposition of abandoned property, the property shall
14 be sold at sheriff's sale with the proceeds to go to
15 the county general fund unless the proceeds are
16 claimed by the tenant within ninety days of the
17 sheriff's sale.""
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk, until his arrival, on request of Schrader of
Marion.
On motion by Kreiman of Davis, amendment H-3690, to amendment
H-3386, lost.
Kreiman of Davis offered the following amendment H-3691, to
amendment H-3386, filed by him and moved its adoption:
H-3691
1 Amend the amendment, H-3386, to House File 492, as
2 follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 3, by inserting before line 26 the
6 following:
7 "Sec. ___. Section 562B.10, subsection 4, Code
8 1995, is amended to read as follows:
9 4. Rental agreements shall be for a term of one
10 year unless otherwise specified in the rental
11 agreement. Rental agreements shall be canceled by at
12 least sixty days' written notice given by either
13 party. A landlord shall cancel a rental agreement
14 only for good cause and shall not cancel a rental
15 agreement solely for the purpose of making the
16 tenant's mobile home space available for another
17 mobile home.""
Roll call was requested by Kreiman of Davis and Fallon of Polk.
On the question "Shall amendment H-3691, to amendment H-3386, be
adopted?" (H.F. 492)
The ayes were, 41:
Arnold Baker Bell Bernau
Brand Burnett Cataldo Cohoon
Connors Coon Cornelius Doderer
Drees Fallon Garman Harper
Holveck Hurley Jochum Koenigs
Kreiman Lamberti Larkin Mascher
May McCoy Mertz Moreland
Mundie Murphy Myers Nelson, L.
O'Brien Ollie Running Schrader
Shoultz Warnstadt Weigel Wise
Witt
The nays were, 55:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Cormack Daggett Dinkla
Disney Drake Eddie Ertl
Gipp Greig Greiner Gries
Hahn Halvorson Hammitt Hanson
Harrison Heaton Houser Huseman
Jacobs Klemme Kremer Larson
Lord Main Martin Metcalf
Meyer Millage Nelson, B. Nutt
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
Absent or not voting, 4:
Brammer Corbett, Spkr. Grubbs Grundberg
Amendment H-3691 lost, placing out of order amendment H-3681
filed by Connors of Polk on April 3, 1995.
Kreiman of Davis offered the following amendment H-3695, to
amendment H-3386, filed by him and moved its adoption:
H-3695
1 Amend the amendment, H-3386, to House File 492 as
2 follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 2, line 22, by inserting after the
6 word "quit." the following: "The seventy-two hour
7 notice shall provide the tenant with notice, by
8 including a copy of subsection 3 with the notice, that
9 the tenant may cure the clear and present danger."
10 . Page 4, line 4, by inserting after the word
11 "quit." the following: "The three-day notice shall
12 provide the tenant with notice, by including a copy of
13 subsection 3 with the notice, that the tenant may cure
14 the clear and present danger.""
Amendment H-3695 was adopted.
Kreiman of Davis offered the following amendment H-3692, to
amendment H-3386, filed by him and moved its adoption:
H-3692
1 Amend the amendment, H-3386, to House File 492 as
2 follows:
3 1. Page 1, by inserting after line 14 the
4 following:
5 " . Page 5, by striking lines 16 through 25.""
Amendment H-3692 lost.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-3672, to amendment H-3386, previously
deferred, filed by him on March 31, 1995.
On motion by Vande Hoef of Osceola, amendment H-3386, as
amended, was adopted.
Vande Hoef of Osceola 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. 492)
The ayes were, 72:
Arnold Bell Blodgett Boddicker
Boggess Bradley Branstad Brauns
Carroll Cataldo Churchill Connors
Coon Cormack Cornelius Daggett
Dinkla Disney Drake Eddie
Ertl Garman Gipp Greig
Greiner Gries Hahn Halvorson
Hammitt Hanson Harrison Heaton
Houser Hurley Huseman Jacobs
Klemme Koenigs Kremer Lamberti
Larkin Larson Lord Main
Martin May Mertz Metcalf
Meyer Millage Mundie Myers
Nelson, B. Nutt O'Brien Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Welter Witt Van Maanen,
Presiding
The nays were, 23:
Baker Bernau Brand Burnett
Cohoon Doderer Drees Fallon
Harper Holveck Jochum Kreiman
Mascher McCoy Moreland Murphy
Nelson, L. Ollie Running Schrader
Shoultz Weigel Wise
Absent or not voting, 5:
Brammer Brunkhorst Corbett, Spkr. Grubbs
Grundberg
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 492 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 4, 1995, passed the following bill in
which the concurrence of the Senate was asked:
House File 515, a bill for an act relating to the relationship
between a licensed real estate salesperson or broker and the
parties to a transaction and providing an effective date.
Also: That the Senate has on April 4, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 384, a bill for an act relating to regulation of
food establishments and providing for fees and penalties.
JOHN F. DWYER, Secretary
HOUSE FILE 506 REREFERRED
The Speaker announced that House File 506 referred to committee
on local government, was rereferred to committee on ways and
means.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:55 p.m., until 1:45 p.m.
AFTERNOON SESSION
The House reconvened at 1:55 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-six members present,
thirty-four absent
HOUSE FILES WITHDRAWN
Nelson of Marshall asked and received unanimous consent to
withdraw House File 174 from further consideration by the House.
Warnstadt of Woodbury asked and received unanimous consent to
withdraw House File 386 from further consideration by the House.
Metcalf of Polk asked and received unanimous consent to withdraw
House File 347 from further consideration by the House.
CONSIDERATION OF BILLS
Regular Calendar
House File 337, a bill for an act to amend the criteria
necessary to establish that a person is seriously mentally
impaired for purposes of involuntary hospitalization, with
report of committee recommending passage, was taken up for
consideration.
Wise of Lee offered the following amendment H-3548 filed by
Wise, et. al., and moved its adoption:
H-3548
1 Amend House File 337 as follows:
2 1. Page 1, by inserting after line 7 the
3 following:
4 "Sec. ___. Section 229.22, subsection 2, Code
5 1995, is amended to read as follows:
6 2. In the circumstances described in subsection 1,
7 any peace officer who has reasonable grounds to
8 believe that a person is mentally ill, and because of
9 that illness is likely to physically injure the
10 person's self or others if not immediately detained,
11 may without a warrant take or cause that person to be
12 taken to the nearest available facility as defined in
13 section 229.11, subsections 2 and 3. A person
14 believed mentally ill, and likely to injure the
15 person's self or others if not immediately detained,
16 may be delivered to a hospital by someone other than a
17 peace officer. Upon delivery of the person believed
18 mentally ill to the hospital, the chief medical
19 officer may order treatment of that person, including
20 chemotherapy, but only to the extent necessary to
21 preserve the person's life or to appropriately control
22 behavior by the person which is likely to result in
23 physical injury to that person or others if allowed to
24 continue. The peace officer who took the person into
25 custody, or other party who brought the person to the
26 hospital, shall describe the circumstances of the
27 matter to the chief medical officer. If the chief
28 medical officer finds that there is reason to believe
29 that the person is seriously mentally impaired, and
30 because of that impairment is likely to physically
31 injure the person's self or others if not immediately
32 detained, the chief medical officer shall at once
33 communicate with the nearest available magistrate as
34 defined in section 801.4, subsection 10. The
35 magistrate shall immediately proceed to the facility
36 where the person is detained, except that if the chief
37 medical officer's communication with the magistrate
38 occurs between the hours of midnight and the next
39 succeeding seven o'clock a.m. and the magistrate deems
40 it appropriate under, based upon the circumstances
41 described by the chief medical officer, the magistrate
42 may delay going to the facility and in that case shall
43 give the chief medical officer verbal instructions
44 either directing that the person be released forthwith
45 or authorizing the person's continued detention at
46 that facility. In the latter case, the magistrate
47 shall:
48 a. By the close of business on the next working
49 day, file with the clerk a written report stating the
50 substance of the information on the basis of which the
Page 2
1 person's continued detention was ordered; and
2 b. Arrive at Proceed to the facility where the
3 person is being detained not later than eight o'clock
4 a.m. of the same day on which the chief medical
5 officer's notification occurs within twenty-four
hours
6 of giving instructions that the person be detained."
7 2. Title page, line 1, by inserting after the
8 word "criteria" the following: "and procedures".
Amendment H-3548 was adopted.
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. 337)
The ayes were, 95:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Cornelius Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Hammitt Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main 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 Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Van Maanen,
Presiding
The nays were, 2:
Fallon Martin
Absent or not voting, 3:
Bradley Brammer Halvorson
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
HOUSE FILE 367 WITHDRAWN
Daggett of Union asked and received unanimous consent to
withdraw House File 367 from further consideration by the House.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 337 be immediately messaged to the Senate.
House File 527, a bill for an act relating to probate including
the lien period for estates which have not been administered,
the amount which may be passed to a minor without appointing a
conservator, the distribution of an intestate estate to the
parents, and special use trusts, was taken up for consideration.
Moreland of Wapello offered the following amendment H-3602 filed
by Hurley of Fayette and moved its adoption:
H-3602
1 Amend House File 527 as follows:
2 1. Page 4, line 6, by striking the word "may" and
3 inserting the following: "may shall".
Amendment H-3602 was adopted.
SENATE FILE 440 SUBSTITUTED FOR HOUSE FILE 527
Moreland of Wapello asked and received unanimous consent to
substitute Senate File 440 for House File 527.
Senate File 440, a bill for an act relating to probate including
the lien period for estates which have not been administered,
the amount which may be passed to a minor without appointing a
conservator, the distribution of an intestate estate to the
parents, and special use trusts, was taken up for consideration.
Gipp of Winneshiek asked and received unanimous consent that
Senate File 440 be deferred and that the bill be placed on the
unfinished business calendar.
House File 499, a bill for an act relating to abandoned property
subject to control by the treasurer of state, was taken up for
consideration.
Jacobs of Polk offered the following amendment H-3543 filed by
Jacobs, et. al., and moved its adoption:
H-3543
1 Amend House File 499 as follows:
2 1. Page 1, by inserting before line 1 the follow-
3 ing:
4 "Section 1. Section 556.1, Code 1995, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 5A. "Money order" includes an
7 express money order and a personal money order, on
8 which the remitter is the purchaser. "Money order"
9 does not include a bank money order or any other
10 instrument sold by a banking or financial organization
11 if the seller has obtained the name and address of the
12 payee.
13 Sec. 2. Section 556.2, subsection 4, Code 1995, is
14 amended to read as follows:
15 4. Any sum payable on checks certified in this
16 state or on written instruments issued in this state
17 on which a banking or financial organization or
18 business association is directly liable, including, by
19 way of illustration but not of limitation,
20 certificates of deposit, drafts, money orders, and
21 traveler's checks, that, with the exception of
22 traveler's checks and money orders, has been
23 outstanding for more than three years from the date it
24 was payable, or from the date of its issuance if
25 payable on demand, or, in the case of traveler's
26 checks, that has been outstanding for more than
27 fifteen years from the date of its issuance, or, in
28 the case of money orders, that has been outstanding
29 for more than seven years from the date of issuance,
30 unless the owner has within three years, or within
31 fifteen years in the case of traveler's checks or
32 seven years in the case of money orders, corresponded
33 in writing with the banking or financial organization
34 or business association concerned, or otherwise
35 indicated an interest as evidenced by a memorandum on
36 file with the banking or financial organization or
37 business association. The memorandum shall be dated
38 and may have been prepared by the banking or financial
39 organization or business association, in which case it
40 shall be signed by an officer of the banking or
41 financial organization, or a member of the business
42 association, or it may have been prepared by the
43 owner."
44 2. By renumbering as necessary.
Amendment H-3543 was adopted.
SENATE FILE 375 SUBSTITUTED FOR HOUSE FILE 499
Jacobs of Polk asked and received unanimous consent to
substitute Senate File 375 for House File 499.
Senate File 375, a bill for an act relating to abandoned
property subject to control by the treasurer of state, was taken
up for consideration.
Gipp of Winneshiek asked and received unanimous consent that
Senate File 375 be deferred and that the bill be placed on the
unfinished business calendar.
House File 370, a bill for an act relating to the electricity
purchase or wheeling requirements for alternate energy
production and small hydro facilities and providing an effective
date, with report of committee recommending amendment and
passage, was taken up for consideration.
Nutt of Woodbury offered the following amendment H-3334 filed by
the committee on commerce-regulation and moved its adoption:
H-3334
1 Amend House File 370 as follows:
2 1. Page 1, by inserting after line 28 the
3 following:
4 "Sec. ___. Section 476.43, subsection 3, Code
5 1995, is amended by striking the subsection."
6 2. By renumbering as necessary.
The committee amendment H-3334 was adopted.
The following amendments were deferred by unanimous consent:
H-3678 filed by Shoultz of Black Hawk.
H-3679 filed by Shoultz of Black Hawk.
H-3705 filed by Shoultz of Black Hawk.
H-3699 filed by Weigel of Chickasaw.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-3700 filed by him on April 3, 1995.
McCoy of Polk offered amendment H-3710 filed by him as follows:
H-3710
1 Amend House File 370 as follows:
2 1. Page 1, line 4, by inserting after the figure
3 "476.43," the following: "476.43A,".
4 2. Page 1, line 11, by inserting after the figure
5 "476.43," the following: "476.43A,".
6 3. Page 1, by inserting after line 11 the
7 following:
8 "Sec. ___. Section 476.42, subsection 1, Code
9 1995, is amended by adding the following new
10 unnumbered paragraph:
11 NEW UNNUMBERED PARAGRAPH. An alternate energy
12 production facility does not include a methane-
13 producing sanitary landfill."
14 4. Page 1, by striking lines 14 through 28 and
15 inserting the following:
16 "Sec. ___. Section 476.43, Code 1995, is amended
17 to read as follows:
18 476.43 RATES FOR ALTERNATE ENERGY PRODUCTION
19 FACILITIES METHANE-PRODUCING SANITARY LANDFILLS.
20 1. Subject to section 476.44, the The board shall
21 require electric utilities to enter into long-term
22 contracts to do the following:
23 a. Purchase or wheel electricity from alternate
24 energy production facilities or small hydro facilities
25 methane-producing sanitary landfills located in the
26 utility's service area under the terms and conditions
27 that the board finds are just and economically
28 reasonable to the electric utilities' ratepayers,
and
29 are nondiscriminatory to alternate energy producers
30 and small hydro producers and will further the policy
31 stated in section 476.41 methane-producing sanitary
32 landfills.
33 b. Provide for the availability of supplemental or
34 backup power to alternate energy production facilities
35 or small hydro facilities methane-producing sanitary
36 landfills on a nondiscriminatory basis and at just and
37 reasonable rates.
38 2. Upon application by the owner or operator of an
39 alternate energy production facility or small hydro
40 facility or any interested party, a
methane-producing
41 sanitary landfill the board shall establish for the
42 affected public utility just and economically
43 reasonable rates for electricity purchased under
44 subsection 1, paragraph "a". The rates shall be
45 established at levels sufficient to stimulate the
46 development of alternate energy production and small
47 hydro facilities electricity generated from methane
48 production in a sanitary landfill in Iowa and to
49 encourage the continuation of existing capacity from
50 those facilities landfills.
Page 2
1 3. The board may adopt individual utility or
2 uniform statewide facility rates. The board shall
3 consider the following factors in setting individual
4 or uniform rates:
5 a. The estimated capital cost of the next
6 generating plant, including related transmission
7 facilities, to be placed in service by the electric
8 utility serving the area.
9 b. The term of the contract between the electric
10 utility and the seller.
11 c. A levelized annual carrying charge based upon
12 the term of the contract and determined in a manner
13 consistent with both the methods and the current
14 interest or return requirements associated with the
15 electric utility's new construction program.
16 d. The electric utility's annual energy costs,
17 including current fuel costs, related operation and
18 maintenance costs, and other energy-related costs
19 considered appropriate by the board.
20 e. External factors, including but not limited to,
21 environmental and economic factors.
22 f. Other relevant factors.
23 g. If the board adopts uniform statewide rates,
24 the board shall use representative data in lieu of
25 utility specific information in applying the factors
26 listed in paragraphs "a" through "f".
27 4. In the case of a utility that purchases all or
28 substantially all of its electricity requirements, the
29 rates established under this section must be based on
30 the electric utility's current purchased power costs.
31 5. In lieu of the other procedures provided by
32 this section, an electric utility and an owner or
33 operator of an alternate energy production facility or
34 small hydro facility a methane-producing sanitary
35 landfill may enter into a long-term contract in
36 accordance with subsection 1 and may agree to rates
37 for purchase and sale transactions. A contract
38 entered into under this subsection must be filed with
39 the board in the manner provided for tariffs under
40 section 476.4.
41 6. This section does not require an electric
42 utility to construct additional facilities unless
43 those facilities are paid for by the owner or operator
44 of the affected alternate energy production facility
45 or small hydro facility methane-producing sanitary
46 landfill.
47 7. For purposes of this section, "methane-
48 producing sanitary landfill" means any electric
49 generating facility fueled by methane extracted from a
50 sanitary landfill.
Page 3
1 Sec. ___. NEW SECTION. 476.43A RATES FOR
2 ALTERNATE ENERGY PRODUCTION FACILITIES OR SMALL HYDRO
3 FACILITIES.
4 1. The board shall require electric utilities to
5 enter into long-term contracts to purchase electric
6 energy from alternate energy production facilities or
7 small hydro facilities.
8 2. The rates for purchases under this section
9 shall not exceed the incremental costs to the electric
10 utility of alternative electric energy. For purposes
11 of this section "incremental cost" means the cost to
12 the electric utility of the electric energy which, but
13 for the purchase from the alternate energy production
14 facility or small hydro facility, the electric utility
15 would have generated or purchased from another source.
16 3. In the case of a utility that purchases all or
17 substantially all of its electricity requirements, the
18 rates established under this section must be based on
19 the electric utility's current purchased power costs.
20 4. In lieu of the other procedures provided by
21 this section, an electric utility and an owner or
22 operator of an alternate energy production facility or
23 small hydro facility may enter into a long-term
24 contract in accordance with subsection 1 and may agree
25 to rates for purchase and sale transactions. A
26 contract entered into under this subsection must be
27 filed with the board in the manner provided for
28 tariffs under section 476.4.
29 5. This section does not require an electric
30 utility to construct additional facilities unless
31 those facilities are paid for by the owner or operator
32 of the affected alternate energy production facility
33 or small hydro facility."
34 5. Page 1, by striking lines 31 and 32 and
35 inserting the following:
36 "Sec. ___. Notwithstanding the provisions of this
37 Act, the Iowa".
38 6. By renumbering as necessary.
McCoy of Polk offered the following amendment H-3717, to
amendment H-3710, filed by him from the floor and moved its
adoption:
H-3717
1 Amend the amendment, H-3710, to House File 370 as
2 follows:
3 1. Page 1, by inserting after line 1 the
4 following:
5 " . Page 1, by inserting before line 1 the
6 following:
7 "Section 1. Section 422.51, Code 1995, is amended
8 by adding the following new subsection:
9 NEW SUBSECTION. 5. The taxes remitted pursuant to
10 this division shall be reduced by a methane energy
11 purchase tax credit. An electric utility which has
12 purchased electricity from a methane-producing
13 sanitary landfill pursuant to section 476.43 shall be
14 granted the credit. The credit shall equal the amount
15 paid by the electric utility in excess of its
16 incremental cost as defined in section 476.43A,
17 subsection 2. The amount of the credit shall, in the
18 first instance, be determined by the electric utility,
19 which shall make a monthly report of such credits to
20 the Iowa utilities board and the department, deducting
21 this credit from the periodic deposits of taxes due
22 under this division. If the department disputes the
23 amount of any such credit, such disputes shall be
24 resolved by the Iowa utilities board.""
25 2. Page 2, by inserting after line 46 the
26 following:
27 "6A. Whenever a contract approved by the board
28 requires an electric utility to purchase electricity
29 from a methane-producing sanitary landfill pursuant to
30 this section, the electric utility shall be entitled
31 to a methane energy purchase tax credit as provided in
32 section 422.51. The electric utility shall reflect
33 the methane energy purchase tax credit received by the
34 electric utility in the electric utility's automatic
35 adjustment pursuant to section 476.6, subsection 11,
36 to the extent its payments to the methane-producing
37 sanitary landfill, in excess of the incremental cost
38 of alternative electric energy, were included in the
39 automatic adjustment clause."
40 3. By renumbering as necessary.
Amendment H-3717 was adopted.
On motion by McCoy of Polk, amendment H-3710, as amended, was
adopted.
RULE 32 INVOKED
Siegrist of Pottawattamie asked and received unanimous consent
to invoke Rule 32 to refer House File 370 to the committee on
ways and means.
Unfinished Business Calendar
Special Order
The House resumed consideration of 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, previously deferred and placed on the Unfinished Business
Calendar, Special Order.
Garman of Story asked and received unanimous consent to withdraw
amendment H-3599 filed by her and Coon on March 29, 1995.
Mertz of Kossuth offered amendment H-3604 filed by her and
Mundie as follows:
H-3604
1 Amend House File 519 as follows:
2 1. Page 5, by inserting after line 31 the
3 following:
4 "Sec. ___. Section 335.2, Code 1995, is amended to
5 read as follows:
6 335.2 FARMS EXEMPT.
7 Except to the extent required to implement section
8 335.27, no ordinance adopted under this chapter
9 applies to land, farm houses, farm barns, farm
10 outbuildings or other buildings or structures which
11 are primarily adapted, by reason of nature and area,
12 for use for agricultural purposes, while so used.
13 However, the this section shall not apply to the
14 unincorporated area up to two miles beyond the limits
15 of a city. In addition, ordinances may apply to any
16 structure, building, dam, obstruction, deposit or
17 excavation in or on the flood plains of any river or
18 stream.
19 Sec. ___. Section 414.23, unnumbered paragraph 1,
20 Code 1995, is amended to read as follows:
21 The powers granted by this chapter may be extended
22 by ordinance by any city to the unincorporated area up
23 to two miles beyond the limits of such city, except
24 for those areas within a county where a county zoning
25 ordinance exists. The ordinance shall describe in
26 general terms the area to be included. The exemption
27 from regulation granted by section 335.2 to property
28 used for agricultural purposes shall not apply to such
29 unincorporated area. If the limits of any such city
30 are at any place less than four miles distant from the
31 limits of any other city which has extended or
32 thereafter extends its zoning jurisdiction under this
33 section, then at such time the powers herein granted
34 shall extend to a line equidistant between the limits
35 of said cities."
36 2. By renumbering as necessary.
Eddie of Buena Vista rose on a point of order that amendment
H-3604 was not germane.
The Speaker ruled the point well taken and amendment H-3604 not
germane.
Garman of Story offered amendment H-3635 filed by her and Coon
as follows:
H-3635
1 Amend House File 519 as follows:
2 1. Page 5, by inserting after line 31 the
3 following:
4 "Sec. ___. Section 335.2, Code 1995, is amended to
5 read as follows:
6 335.2 FARMS EXEMPT.
7 1. Except to the extent required to implement
8 section 335.27, no ordinance adopted under this
9 chapter applies to land, farm houses, farm barns, farm
10 outbuildings or other buildings or structures which
11 are primarily adapted, by reason of nature and area,
12 for use for agricultural purposes, while so used.
13 However, the ordinances may apply to any structure,
14 building, dam, obstruction, deposit or excavation in
15 or on the flood plains of any river or stream.
16 2. This section does not apply to an animal
17 feeding operation which has an animal weight capacity
18 of six hundred twenty-five thousand or more pounds for
19 animals other than beef cattle, or one million six
20 hundred thousand or more pounds for beef cattle, as
21 provided in section 455B.161. This subsection does
22 not apply to allow zoning of agricultural uses under
23 this chapter, if one of the following applies:
24 a. The owner of the agricultural land on which the
25 animal feeding operation is located is qualified to
26 file for a homestead tax credit as provided pursuant
27 to section 425.2 on the parcel of agricultural land on
28 which the operation is maintained.
29 b. The animal feeding operation was established
30 prior to the effective date of this Act, and is not
31 expanded after the effective date of this Act."
32 2. By renumbering as necessary.
Eddie of Buena Vista rose on a point of order that amendment
H-3635 was not germane.
The Speaker ruled the point well taken and amendment H-3635 not
germane.
Koenigs of Mitchell offered amendment H-3583 filed by him as
follows:
H-3583
1 Amend House File 519 as follows:
2 1. Page 6, by inserting after line 27 the
3 following:
4 "Sec. ___. NEW SECTION. 331.302A CONFINEMENT
5 FEEDING OPERATIONS.
6 The board of supervisors in the county where the
7 operation is located may enforce sections 455B.202 and
8 455B.203, including rules adopted pursuant to those
9 sections. The board must deliver a notice by
10 certified mail to the department, stating that an
11 operation may be in violation of the sections or
12 departmental rules. The board shall deliver the
13 notice only after approval of the action by
14 resolution. The notice shall be in writing and shall
15 state the location of the operation, the name and
16 address of the owner, and an explanation of the
17 possible violation. The board may inform the de-
18 partment that the board reserves its right to enforce
19 the sections or rules as provided in this section, if
20 the department fails to initiate an investigation or
21 enforcement action or continue an enforcement action
22 which results in an administrative hearing or a
23 settlement of the case. The county may begin
24 enforcement proceedings after thirty days following
25 delivery of the notice, unless the department
26 commences and maintains active enforcement of the
27 sections or its rules. The county shall not initiate
28 or continue an enforcement action if the county
29 receives notice and results of the investigation by
30 the department that the department has conducted an
31 investigation and has determined that the operation is
32 not in violation of the sections or departmental
33 rules. Once the county begins an enforcement action,
34 it shall be the party in interest in the case and have
35 sole authority and responsibility to proceed with the
36 action. The county may refer any case to the attorney
37 general. The department of natural resources may
38 assume the enforcement action from the county.
39 However, if the department assumes the enforcement
40 action, the department shall be required to resolve
41 the action. The county shall bring the enforcement
42 action according to the same procedures used for a
43 county infraction as provided in section 331.307.
44 However, the civil penalty may be for any amount that
45 could be assessed by the department."
46 2. Page 16, line 17, by inserting after the
47 figure "17A." the following: "A county in which the
48 confinement feeding operation is located may require
49 that a copy of the plan be filed with the county."
50 3. Page 17, line 25, by inserting after the word
Page 2
1 "plan." the following: "A county may also inspect the
2 confinement feeding operation and records required to
3 be maintained as part of the manure management plan,
4 if the county initiates an enforcement action as
5 provided in section 331.302A."
6 4. Page 17, line 26, by striking the words "the
7 departmental" and inserting the following: "a
8 departmental or county".
9 5. By renumbering as necessary.
Eddie of Buena Vista rose on a point of order that amendment
H-3583 was not germane.
The Speaker ruled the point well taken and amendment H-3583 not
germane.
Koenigs of Mitchell moved to suspend the rules to consider
amendment H-3583.
A non-record roll call was requested.
The ayes were 33, nays 51.
The motion to suspend the rules lost.
The House stood at ease at 3:00 p.m., until the fall of the
gavel.
The House resumed session at 3:42 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Fallon of Polk offered the following amendment H-3566 filed by
him and moved its adoption:
H-3566
1 Amend House File 519 as follows:
2 1. Page 9, line 4, by inserting after the word
3 "congregate," the following: "including, but not
4 limited to, public picnic areas, public campgrounds,
5 public lodges, public shelterhouses, public swimming
6 beaches, and public lakes listed by the department,".
A non-record roll call was requested.
The ayes were 32, nays 52.
Amendment H-3566 lost.
Mertz of Kossuth offered the following amendment H-3636 filed by
her and Mundie and moved its adoption:
H-3636
1 Amend House File 519 as follows:
2 1. Page 9, line 17, by inserting after the word
3 "structure" the following: ", other than an animal
4 feeding operation for the care and feeding of swine,".
5 2. Page 9, line 27, by striking the words "for
6 animals other" and inserting the following: "for
7 nonswine animals other".
8 3. Page 9, line 27, by striking the words "pounds
9 for animals" and inserting the following: "pounds for
10 nonswine animals".
11 4. Page 10, by inserting after line 8 the
12 following:
13 " . The following table represents the minimum
14 separation distance in feet required between animal
15 feeding operations for the care and feeding of swine
16 and a residence not owned by the owner of the animal
17 feeding operation, or a commercial enterprise, bona
18 fide religious institution or an educational
19 institution:
20 Minimum
21 separation
22 distance
23 Minimum in feet
24 separation for operations
25 distance having an
26 in feet animal
27 for opera- weight capacity
28 tions hav- for swine
29 ing an of 625,000
30 animal or more
31 weight ca- pounds
32 pacity for but
33 swine of less
34 less than than
35 625,000 1,250,000
36 Type of structure pounds pounds
37 Anaerobic lagoon 1,250 1,875
38 Uncovered earthen manure
39 storage basin 1,250 1,875
40 Uncovered formed
41 manure storage
42 structure 1,000 1,500
43 Covered earthen
44 manure storage basin 750 1,000
45 Covered formed
46 manure storage
47 structure 750 1,000
48 Confinement
49 building 750 1,000
50 Egg washwater
Page 2
1 storage structure 750 1,000
2 An animal feeding operation for the care and
3 feeding of swine having an animal weight capacity of
4 1,250,000 or more pounds shall provide for the
5 treatment and stabilization of manure exclusively by
6 the use of a treatment system employing aeration. The
7 system shall be installed, operated, and maintained in
8 accordance with requirements provided in rules which
9 shall be adopted by the department. The minimum
10 separation distance applicable under this subsection
11 to an animal feeding operation structure used in
12 connection with the aeration system shall be two
13 thousand five hundred feet. The minimum separation
14 distance applicable under this subsection to a
15 confinement building used in connection with the
16 aeration system shall be one thousand feet."
17 5. By renumbering as necessary.
Amendment H-3636 lost.
Drees of Carroll offered the following amendment H-3563 filed by
him and moved its adoption:
H-3563
1 Amend House File 519 as follows:
2 1. By striking page 9, line 20, through page 10,
3 line 8, and inserting the following:
4 "Minimum
5 separation
6 distance
7 Minimum in feet Minimum
8 separation for opera- separation
9 distance tions hav- distance
10 in feet ing an in feet
11 for opera- animal for opera-
12 tions hav- weight ca- tions hav-
13 ing an pacity of ing an
14 animal 625,000 animal
15 weight ca- or more weight ca-
16 pacity of pounds but pacity of
17 less than less than 1,250,000
18 625,000 1,250,000 or more
19 pounds pounds pounds
20 for for ani- for
21 animals mals other animals
22 other than beef other
23 than cattle, or than
24 beef 1,600,000 beef
25 cattle, or more cattle, or
26 or less pounds but 3,200,000
27 than less than or more
28 1,600,000 3,200,000 pounds
29 pounds pounds for
30 for beef for beef beef
31 Type of structure cattle cattle cattle
32 Anaerobic lagoon 1,250 1,875 2,500
33 Earthen manure
34 storage basin 1,250 1,875 2,500
35 Uncovered formed
36 manure storage
37 structure 1,000 1,500 2,000
38 Covered formed
39 manure storage
40 structure 750 1,000 1,500
41 Confinement
42 building 750 1,000 1,500
43 Egg washwater
44 storage structure 750 1,000 1,500".
45 2. Page 10, by striking lines 13 through 26 and
46 inserting the following:
47 "Minimum
48 separation
49 distance
50 Minimum in feet Minimum
Page 2
1 separation for opera- separation
2 distance tions hav- distance
3 in feet ing an in feet
4 for opera- animal for opera-
5 tions hav- weight ca- tions hav-
6 ing an pacity of ing an
7 animal 625,000 animal
8 weight ca- or more weight ca-
9 pacity of pounds but pacity of
10 less than less than 1,250,000
11 625,000 1,250,000 or more
12 pounds pounds pounds
13 for for ani- for
14 animals mals other animals
15 other than beef other
16 than cattle, or than
17 beef 1,600,000 beef
18 cattle, or more cattle, or
19 or less pounds but 3,200,000
20 than less than or more
21 1,600,000 3,200,000 pounds
22 pounds pounds for
23 for beef for beef beef
24 Type of structure cattle cattle cattle
25 Animal feeding
26 operation structure 1,250 1,875 2,500".
Roll call was requested by Schrader of Marion and Koenigs of
Mitchell.
Rule 75 was invoked.
On the question "Shall amendment H-3563 be adopted?" (H.F. 519)
The ayes were, 48:
Arnold Baker Bell Bernau
Bradley Brand Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Cormack Cornelius Daggett
Doderer Drees Fallon Garman
Grubbs Grundberg Harper Holveck
Jochum Koenigs Kreiman Larkin
Mascher May McCoy Mertz
Moreland Mundie Murphy Myers
Nelson, L. O'Brien Ollie Running
Schrader Shoultz Sukup Teig
Warnstadt Weigel Wise Witt
The nays were, 50:
Blodgett Boddicker Boggess Branstad
Brauns Brunkhorst Corbett, Spkr. Dinkla
Disney Drake Eddie Ertl
Gipp Greig Greiner Gries
Hahn Halvorson Hammitt Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Lord Main Martin
Metcalf Meyer Millage Nelson, B.
Nutt Rants Renken Salton
Schulte Siegrist Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 2:
Brammer Larson
Amendment H-3563 lost.
Drees of Carroll offered the following amendment H-3564 filed by
him and moved its adoption:
H-3564
1 Amend House File 519 as follows:
2 1. By striking page 9, line 20, through page 10,
3 line 8, and inserting the following:
4 "Minimum
5 separation
6 distance
7 Minimum in feet Minimum
8 separation for opera- separation
9 distance tions hav- distance
10 in feet ing an in feet
11 for opera- animal for opera-
12 tions hav- weight ca- ions hav-
13 ing an pacity of ing an
14 animal 625,000 animal
15 weight ca- or more weight ca-
16 pacity of pounds but pacity of
17 less than less than 1,250,000
18 625,000 1,250,000 or more
19 pounds pounds pounds
20 for for ani- for
21 animals mals other animals
22 other than beef other
23 than cattle, or than
24 beef 1,600,000 beef
25 cattle, or more cattle, or
26 or less pounds but 3,200,000
27 than less than or more
28 1,600,000 3,200,000 pounds
29 pounds pounds for
30 for beef for beef beef
31 Type of structure cattle cattle cattle
32 Animal feeding
33 operation structure 1,250 1,875 2,500".
34 2. Page 10, by striking lines 13 through 26 and
35 inserting the following:
36 "Minimum
37 separation
38 distance
39 Minimum in feet Minimum
40 separation for opera- separation
41 distance tions hav- distance
42 in feet ing an in feet
43 for opera- animal for opera-
44 tions hav- weight ca- tions hav-
45 ing an pacity of ing an
46 animal 625,000 animal
47 weight ca- or more weight ca-
48 pacity of pounds but pacity of
49 less than less than 1,250,000
50 625,000 1,250,000 or more
Page 2
1 pounds pounds pounds
2 for for ani- for
3 animals mals other animals
4 other than beef other
5 than cattle, or than
6 beef 1,600,000 beef
7 cattle, or more cattle, or
8 or less pounds but 3,200,000
9 than less than or more
10 1,600,000 3,200,000 pounds
11 pounds pounds for
12 for beef for beef beef
13 Type of structure cattle cattle cattle
14 Animal feeding
15 operation structure 1,250 1,875 2,500".
A non-record roll call was requested.
The ayes were 30, nays 51.
Amendment H-3564 lost.
Meyer of Sac offered the following amendment H-3529 filed by him
and moved its adoption:
H-3529
1 Amend House File 519 as follows:
2 1. Page 11, by inserting after line 24 the
3 following:
4 " . A confinement feeding operation structure,
5 other than an earthen manure storage basin, if the
6 structure is part of a confinement feeding operation
7 which has an animal capacity of two hundred or fewer
8 animal units as defined in section 204.1."
9 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 53, nays 26.
Amendment H-3529 was adopted.
Mertz of Kossuth offered the following amendment H-3600 filed by
her and moved its adoption:
H-3600
1 Amend House File 519 as follows:
2 1. Page 11, by inserting after line 24 the
3 following:
4 " . An animal feeding operation which provides
5 for the storage of manure exclusively in a dry form."
6 2. By renumbering as necessary.
Amendment H-3600 was adopted.
Fallon of Polk offered amendment H-3567 filed by him as follows:
H-3567
1 Amend House File 519 as follows:
2 1. Page 13, line 33, by inserting after the word
3 "operations." the following: "The department shall
4 not approve a permit for the construction of an animal
5 feeding operation or animal feeding operation
6 structure, unless the applicant files a statement
7 approved by the county board of supervisors or a
8 designee of the board, where the construction is to
9 occur, that the county board of supervisors or
10 designee has approved the construction site."
Gipp of Winneshiek in the chair at 5:26 p.m.
Fallon of Polk moved the adoption of amendment H-3567.
A non-record roll call was requested.
The ayes were 19, nays 54.
Amendment H-3567 lost.
Mundie of Webster offered amendment H-3571 filed by him as
follows:
H-3571
1 Amend House File 519 as follows:
2 1. Page 14, line 7, by inserting after the word
3 "permit." the following: "The department shall not
4 approve a permit for the construction of three or more
5 animal feeding operation structures which are part of
6 a single animal feeding operation, unless the
7 applicant files a statement approved by an engineer
8 for the levee or drainage district where the
9 construction is to occur, that the animal feeding
10 operation structures comply with the requirements of
11 chapter 468."
Schrader of Marion offered the following amendment H-3668, to
amendment H-3571, filed by him and moved its adoption:
H-3668
1 Amend the amendment, H-3571, to House File 519 as
2 follows:
3 1. Page 1, by striking lines 7 through 9 and
4 inserting the following: "applicant files a statement
5 approved by a professional engineer registered
6 pursuant to chapter 542B, that the animal feeding".
Amendment H-3668 was adopted.
On motion by Mundie of Webster, amendment H-3571, as amended,
lost.
Houser of Pottawattamie offered amendment H-3609 filed by him as
follows:
H-3609
1 Amend House File 519 as follows:
2 1. Page 14, line 7, by inserting after the word
3 "permit." the following: "The department shall
4 deliver a copy or require the applicant to deliver a
5 copy of the application for a construction permit to
6 the county board of supervisors in the county where
7 the animal feeding operation or animal feeding
8 operation structure subject to the permit is to be
9 located. The department shall not approve the
10 application or issue a construction permit until
11 thirty days following delivery of the application to
12 the county board of supervisors. The department shall
13 consider comments from the county board of
14 supervisors, if the comments are delivered to the
15 department within the thirty days prior to approving
16 the application or issuing the permit."
Schrader of Marion offered the following amendment H-3676, to
amendment H-3609, filed by him and moved its adoption:
H-3676
1 Amend the amendment, H-3609, to House File 519 as
2 follows:
3 1. Page 1, line 12, by striking the word "shall"
4 and inserting the following: "may".
Amendment H-3676 was adopted.
Siegrist of Pottawattamie offered the following amendment
H-3711, to amendment H-3609, filed by him from the floor and
moved its adoption:
H-3711
1 Amend the amendment, H-3609, to House File 519 as
2 follows:
3 1. Page 1, by striking lines 15 and 16 and
4 inserting the following: "department within fourteen
5 days after receipt of the application by the county
6 board of supervisors.""
Amendment H-3711 was adopted.
On motion by Houser of Pottawattamie, amendment H-3609, as
amended, was adopted.
Garman of Story offered the following amendment H-3634 filed by
her and moved its adoption:
H-3634
1 Amend House File 519 as follows:
2 1. Page 14, line 7, by inserting after the word
3 "permit." the following: "Notwithstanding section
4 335.2, a person who obtains a construction permit
5 under this subsection, after the effective date of
6 this Act, shall be subject to county zoning as
7 provided in chapter 335, if the animal feeding
8 operation has an animal weight capacity of six hundred
9 twenty-five thousand or more pounds for animals other
10 than beef cattle, or one million six hundred thousand
11 or more pounds for beef cattle. However, section
12 335.2 shall apply, if the owner of the agricultural
13 land on which the animal feeding operation is located
14 is qualified to file for a homestead tax credit as
15 provided pursuant to section 425.2 on the parcel of
16 agricultural land on which the operation is
17 maintained."
Amendment H-3634 lost.
Shoultz of Black Hawk offered the following amendment H-3489
filed by him and moved its adoption:
H-3489
1 Amend House File 519 as follows:
2 1. Page 16, by inserting after line 2 the
3 following:
4 " . A person shall not apply manure in a liquid
5 form above the surface of the ground by use of a
6 pressurized system of dispersal, including but not
7 limited to a mechanical system commonly used for
8 irrigation, if the equipment disperses a jet or spray
9 of liquid manure more than twenty-five feet at any
10 angle, or more than fifteen feet if set at an angle of
11 more than forty-five degrees."
12 2. By renumbering as necessary.
Roll call was requested by Shoultz of Black Hawk and Bernau of
Story.
On the question "Shall amendment H-3489 be adopted?" (H.F. 519)
The ayes were, 33:
Baker Bernau Boggess Brand
Burnett Cohoon Connors Coon
Doderer Drees Fallon Garman
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher McCoy
Moreland Murphy Myers Nelson, L.
O'Brien Ollie Running Schrader
Shoultz Teig Warnstadt Weigel
Witt
The nays were, 61:
Arnold Blodgett Boddicker Bradley
Branstad Brauns Brunkhorst Carroll
Cataldo Churchill Corbett, Spkr. Cormack
Cornelius Daggett Dinkla Disney
Drake Eddie Ertl Greig
Greiner Gries Grubbs Hahn
Halvorson Hammitt Hanson Harrison
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Lord Main Martin May
Mertz Metcalf Meyer Millage
Mundie Nelson, B. Nutt Rants
Renken Salton Schulte Sukup
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Gipp,
Presiding
Absent or not voting, 6:
Bell Brammer Grundberg Heaton
Siegrist Wise
Amendment H-3489 lost.
Mundie of Webster offered the following amendment H-3591 filed
by him and moved its adoption:
H-3591
1 Amend House File 519 as follows:
2 1. Page 17, line 35, by striking the word "two"
3 and inserting the following: "five".
Amendment H-3591 lost.
Teig of Hamilton offered the following amendment H-3594 filed by
him and moved its adoption:
H-3594
1 Amend House File 519 as follows:
2 1. Page 17, line 35, by striking the word "two"
3 and inserting the following: "five".
4 2. Page 18, by striking line 1 and inserting the
5 following: "agricultural drainage well or known
6 sinkhole, and at least two hundred feet away from a
7 lake, river, or".
Amendment H-3594 was adopted.
Fallon of Polk offered the following amendment H-3570 filed by
him and moved its adoption:
H-3570
1 Amend House File 519 as follows:
2 1. Page 18, line 8, by inserting after the figure
3 "462A.2" the following: ", unless the farm pond or
4 privately owned lake would be detrimentally impacted
5 by manure escaping from the animal feeding operation
6 structure, by overflow or a failure of the structure
7 to contain the manure".
A non-record roll call was requested.
The ayes were 25, nays 51.
Amendment H-3570 lost.
Koenigs of Mitchell asked and received unanimous consent to
defer action on the following amendments: H-3586, H-3587, H-3588
and H-3589.
Dinkla of Guthrie offered the following amendment H-3723 filed
by Siegrist of Pottawattamie from the floor and moved its
adoption:
H-3723
1 Amend House File 519 as follows:
2 1. Page 19, line 13, by inserting after the word
3 "of" the following: ", or a failure to comply with,".
Amendment H-3723 was adopted.
Koenigs of Mitchell offered amendment H-3585 filed by him as
follows:
H-3585
1 Amend House File 519 as follows:
2 1. By striking page 18, line 17, through page 19,
3 line 34.
4 2. By renumbering as necessary.
Speaker pro tempore Van Maanen of Marion in the chair at 6:56
p.m.
Gipp of Winneshiek in the chair at 8:05 p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Moreland of Wapello,Cataldo of Polk and McCoy of Polk, until
their return, on request of Schrader of Marion.
Koenigs of Mitchell moved the adoption of amendment H-3585.
Roll call was requested by Bernau of Story and Koenigs of
Mitchell.
Rule 75 was invoked.
On the question "Shall amendment H-3585 be adopted?" (H.F. 519)
The ayes were, 35:
Baker Bell Bernau Brand
Burnett Cohoon Connors Coon
Daggett Doderer Drees Fallon
Garman Grundberg Harper Holveck
Jochum Koenigs Kreiman Larkin
Mascher May Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Running Schrader Shoultz Warnstadt
Weigel Wise Witt
The nays were, 61:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Cornelius Dinkla Disney Drake
Eddie Ertl Greig Greiner
Gries Grubbs Hahn Halvorson
Hammitt Hanson Harrison Heaton
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Lord Main Martin Mertz
Metcalf Meyer Millage Nelson, B.
Nutt Rants Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Gipp,
Presiding
Absent or not voting, 4:
Brammer Cataldo McCoy Moreland
Amendment H-3585 lost.
Mundie of Webster offered the following amendment H-3572 filed
by him and moved its adoption:
H-3572
1 Amend House File 519 as follows:
2 1. Page 20, lines 3 and 4, by striking the words
3 "Iowa state university" and inserting the following:
4 "the Iowa chapter of the Izaak Walton league of
5 America, the Leopold center for sustainable
6 agriculture, Iowa state university".
Amendment H-3572 lost.
Koenigs of Mitchell offered amendment H-3590 filed by him as
follows:
H-3590
1 Amend House File 519 as follows:
2 1. Page 22, by inserting after line 5 the
3 following:
4 "Sec. ___. PILOT PROJECT -- TESTING OF ANIMAL
5 FEEDING OPERATIONS. There is appropriated out of any
6 moneys not otherwise appropriated, for allocation on
7 July 1, 1995, from the organic nutrient management
8 fund created in section 161C.5 to the department of
9 natural resources for the fiscal year beginning July
10 1, 1995, and ending June 30, 1996, any sum required to
11 conduct a study of ten animal feeding operations and
12 their structures, including confinement feeding
13 operations and confinement feeding operation
14 structures all as defined in section 455B.161 as
15 enacted in this Act, and manure management and
16 disposal systems used by such operations. The
17 operations and their structures or systems must have
18 been constructed or installed on or before July 1,
19 1985. The study shall determine the extent to which
20 operations and their structures and manure management
21 and disposal systems contribute to point and nonpoint
22 contamination of the state's groundwater and surface
23 water. A person owning or operating an animal feeding
24 operation shall cooperate with the department in
25 carrying out this section. The ten animal feeding
26 operations subject to the study shall be selected by
27 the Leopold center for sustainable agriculture as
28 created pursuant to section 266.39. The department
29 shall report its findings and recommendations to the
30 general assembly not later than January 1, 1997."
31 2. By renumbering as necessary.
Koenigs of Mitchell offered the following amendment H-3675, to
amendment H-3590, filed by Schrader of Marion and moved its
adoption:
H-3675
1 Amend the amendment, H-3590, to House File 519 as
2 follows:
3 1. Page 1, by striking lines 5 through 10 and
4 inserting the following: "FEEDING OPERATIONS. The
5 department of natural resources shall, to the extent
6 moneys are appropriated by the Seventy-fifth General
7 Assembly,".
Amendment H-3675 was adopted.
Koenigs of Mitchell moved the adoption of amendment H-3590, as
amended.
A non-record roll call was requested.
The ayes were 67, nays 10.
Amendment H-3590, as amended, was adopted.
Schrader of Marion asked and received unanimous consent to defer
action on amendment H-3706.
Koenigs of Mitchell asked and received unanimous consent to
withdraw amendment H-3580, previously deferred, filed by him on
March 29, 1995.
Speaker pro tempore Van Maanen of Marion in the chair at 8:51
p.m.
The House resumed consideration of amendment H-3638, as
amended, filed by Fallon of Polk and Coon, found on pages 1184
and 1185 of the House Journal, previously deferred.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-four members present,
forty-six absent.
Fallon of Polk moved the adoption of amendment H-3638, as
amended.
Roll call was requested by Fallon of Polk and Running of Linn.
On the question "Shall amendment H-3638, as amended, be
adopted?" (H.F. 519)
The ayes were, 33:
Bernau Brand Burnett Cohoon
Connors Coon Doderer Drees
Fallon Grundberg Harper Holveck
Hurley Jochum Koenigs Kreiman
Larkin Mascher McCoy Moreland
Mundie Murphy Myers Nelson, L.
O'Brien Ollie Running Schrader
Shoultz Warnstadt Weigel Witt
Van Maanen,
Presiding
The nays were, 64:
Arnold Bell Blodgett Boddicker
Boggess Branstad Brauns Brunkhorst
Carroll Cataldo Churchill Corbett,
Spkr.
Cormack Cornelius Daggett Dinkla
Disney Drake Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Hahn Halvorson
Hammitt Hanson Harrison Heaton
Houser Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin May Mertz
Metcalf Meyer Millage Nelson, B.
Nutt Rants Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Welter Wise
Absent or not voting, 3:
Baker Bradley Brammer
Amendment H-3638, as amended, lost.
Fallon of Polk offered amendment H-3565, previously deferred,
filed by him as follows:
H-3565
1 Amend House File 519 as follows:
2 1. Page 5, by inserting after line 31 the
3 following:
4 "Sec. ___. Section 441.21, subsection 1, paragraph
5 e, Code 1995, is amended to read as follows:
6 e. The actual value of agricultural property shall
7 be determined on the basis of productivity and net
8 earning capacity of the property determined on the
9 basis of its use for agricultural purposes capitalized
10 at a rate of seven percent and applied uniformly among
11 counties and among classes of property. Any formula
12 or method employed to determine productivity and net
13 earning capacity of property shall be adopted in full
14 by rule. The actual valuation of property which is an
15 animal feeding operation with six hundred twenty-five
16 thousand or more pounds of animal weight capacity as
17 defined in section 455B.161 shall be assessed as
18 industrial property."
19 2. By renumbering as necessary.
Eddie of Buena Vista rose on a point of order that amendment
H-3565 was not germane.
The Speaker ruled the point well taken and amendment H-3565 not
germane.
Bernau of Story asked and received unanimous consent to withdraw
amendment H-3607, previously deferred, filed by him on March
29, 1995, placing out of order amendment H-3655, to amendment
H-3607, filed by Bernau of Story on March 30, 1995.
Koenigs of Mitchell offered the following amendment H-3586,
previously deferred, filed by him and moved its adoption:
H-3586
1 Amend House File 519 as follows:
2 1. Page 18, by striking lines 30 through 33 and
3 inserting the following:
4 "2. Except as otherwise provided in this section,
5 an animal feeding operation shall not be found to be a
6 public or private".
7 2. Page 19, by striking lines 1 through 3 and
8 inserting the following: "operation's construction or
9 expansion. This nuisance suit protection includes".
10 3. Page 19, by inserting after line 9 the
11 following:
12 " . The nuisance suit protection provided in
13 this section shall apply only to an animal feeding
14 operation, if all of the following requirements are
15 satisfied:
16 a. The animal feeding operation must receive all
17 the applicable permits as required by chapter 455B for
18 the construction of an animal feeding operation,
19 regardless of whether the permits were required to be
20 obtained or the permits were obtained voluntarily.
21 b. The animal feeding operation is established
22 after the effective date of this Act.
23 c. The location of the proposed animal feeding
24 operation must be approved by the county board of
25 supervisors in the county in which the proposed
26 operation is to be located. Within thirty days of
27 receipt of a proposal to establish the animal feeding
28 operation, the county board shall provide notice of
29 the proposal by publishing notice in a newspaper of
30 general circulation in the county. The county shall
31 also mail personal notice to each person who owns land
32 within two miles of the proposed operation. The
33 person proposing the animal feeding operation shall
34 pay reasonable expenses relating to providing the
35 notice. Within forty-five days after receipt of the
36 proposal, the county board shall hold a public hearing
37 on the proposal. Within sixty days after receipt, the
38 county board may adopt the proposal or any
39 modification of the proposal it deems appropriate."
40 4. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 26, nays 51.
Amendment H-3586 lost.
Koenigs of Mitchell asked and received unanimous consent to
defer action on the following amendments: H-3587 and H-3588.
Koenigs of Mitchell offered the following amendment H-3589,
previously deferred, filed by him and moved its adoption:
H-3589
1 Amend House File 519 as follows:
2 1. Page 19, by striking lines 29 through 34.
A non-record roll call was requested.
The ayes were 37, nays 49.
Amendment H-3589 lost.
Koenigs of Mitchell offered the following amendment H-3706,
previously deferred, filed by Schrader of Marion and moved its
adoption:
H-3706
1 Amend House File 519 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 13.13, subsection 2, Code
5 1995, is amended to read as follows:
6 2. The farm assistance program coordinator shall
7 contract with a nonprofit organization chartered in
8 this state to provide mediation services as provided
9 in chapters 654A and 654B, and to conduct neighbor
10 meetings pursuant to section 455B.205. The contract
11 shall be awarded to the organization by July 1, 1990.
12 The contract may be terminated by the coordinator upon
13 written notice and for good cause. The organization
14 awarded the contract is designated as the farm
15 mediation service for the duration of the contract.
16 The organization may, upon approval by the
17 coordinator, provide mediation services other than as
18 provided by law. The farm mediation service is not a
19 state agency for the purposes of chapters 19A, 20, and
20 669.
21 Sec. ___. Section 13.15, Code 1995, is amended to
22 read as follows:
23 13.15 RULES AND FORMS -- FEES.
24 The farm mediation service shall recommend rules to
25 the farm assistance program coordinator. The
26 coordinator shall adopt rules pursuant to chapter 17A
27 to set the compensation of mediators and to implement
28 this subchapter, and chapters 654A and 654B, and
29 section 455B.205.
30 The rules shall provide for an hourly mediation fee
31 not to exceed fifty dollars for the borrower and one
32 hundred dollars for the creditor. The hourly
33 mediation fee may be waived for any party
34 demonstrating financial hardship upon application to
35 the farm mediation service.
36 The compensation of a mediator shall be no more
37 than twenty-five dollars per hour, and all parties
38 shall contribute an equal amount of the cost.
39 However, if a meeting is held under section 455B.205,
40 the animal feeding operation shall pay the mediator
41 the costs of conducting the meeting.
42 The coordinator shall adopt voluntary mediation
43 application and mediation request forms. The
44 coordinator shall adopt necessary forms to carry out
45 section 455B.205.
46 Sec. ___. NEW SECTION. 13.17 GOOD NEIGHBOR
47 MEETINGS.
48 The farm assistance program coordinator, provided
49 in this subchapter, shall contract with the farm
50 mediation service to conduct meetings in order to
Page 2
1 provide for a good neighbor policy relating to animal
2 feeding operations as provided in section 455B.205.
3 The meetings shall not be considered mediation under
4 this subchapter or chapters 654A and 654B."
5 2. Page 14, line 7, by inserting after the word
6 "permit." the following: "The application for a
7 construction permit shall include a section for a good
8 neighbor policy as required pursuant to section
9 455B.205, which the applicant is not required to
10 complete unless the applicant elects to be eligible
11 for nuisance suit protection under section 657.11.
12 The department shall file a permittee's amendments to
13 the section with the application."
14 3. Page 18, by inserting after line 16 the
15 following:
16 "Sec. ___. NEW SECTION. 455B.205 GOOD NEIGHBOR
17 POLICY.
18 1. The purpose of this section is to codify the
19 spirit of informal conduct to the expansion of animal
20 feeding operations in this state, which has
21 traditionally existed between farmers and neighbors,
22 based on a common set of farmer-neighbor expectations
23 relating to conversation, cooperation, tolerance, and
24 community harmony, when a farmer implements good faith
25 business practices.
26 2. A person who, on and after the effective date
27 of this Act, shall not obtain a construction permit
28 pursuant to section 455B.173, unless the person
29 develops a good neighbor policy prior to receiving the
30 permit in order to provide that the animal feeding
31 operation subject to the permit is eligible for
32 nuisance suit protection under section 657.11. In
33 order to satisfy this requirement, the applicant shall
34 satisfy the requirements of this section. The good
35 neighbor policy shall continue in effect after a
36 transfer in ownership of the operation. The portion
37 of the application providing for a good neighbor
38 policy may be amended by the operation's permittee
39 after complying with the requirements of this section
40 and filing the amended portion with the department.
41 3. The applicant or permittee shall provide a
42 written notice to all residents located within one
43 mile of any animal feeding operation structure subject
44 to the permit. The notice shall provide a time and
45 place in the county in which the operation is to be
46 located where all of the following shall be available
47 for public inspection:
48 a. The site plans for the construction of each
49 structure subject to a construction permit.
50 b. A completed application required pursuant to
Page 3
1 section 455B.173, including a proposed good neighbor
2 policy, or proposed amendments to the good neighbor
3 policy, as provided in this section.
4 c. A manure management plan, if required pursuant
5 to section 455B.203.
6 4. At least one neighbors meeting shall be held in
7 order to provide persons residing within one mile of
8 the site subject to the construction permit, with the
9 opportunity to express comments regarding the
10 operation, and the good neighbor policy. A
11 representative of the animal feeding operation shall
12 attend the meeting. A mediator designated by the farm
13 mediation service shall conduct the meeting and
14 certify to the department of natural resources that
15 the meeting was conducted as required pursuant to this
16 section.
17 5. The good neighbor portion of an application for
18 a permit for the construction of an animal feeding
19 operation or an amendment to the portion shall include
20 all of the following:
21 a. Procedures to notify neighbors of events,
22 including the cleaning of structures or the disposal
23 of manure, that may cause special discomfort to
24 neighbors.
25 b. A method to ensure that communication between
26 the animal feeding operation and neighbors is
27 maintained, including methods for neighbors to notify
28 an animal feeding operation when special occasions
29 occur such as weddings, holidays, parties, or
30 funerals.
31 c. The establishment of a nonjudicial dispute
32 resolution forum for neighbors and an animal feeding
33 operation to informally reach solutions to matters of
34 concern affecting the parties.
35 d. Methods to reduce impacts on the fair market
36 value of neighboring property due to the construction
37 or operation of an animal feeding operation structure,
38 which may include the purchase or lease of property
39 around an animal feeding operation structure, or the
40 payment of compensation to neighboring property
41 owners.
42 e. The implementation of practices and the
43 installation of systems to ensure that animal diseases
44 originating from the operation do not contaminate
45 animals located on neighboring property.
46 f. Practices and systems designed to reduce the
47 discomfort to neighbors arising from an animal feeding
48 operation. The application may include practical and
49 inexpensive methods utilized by the operation to
50 reduce odor, including planting trees around animal
Page 4
1 feeding operation structures and providing that open
2 manure storage structures be covered with materials
3 which inhibit odor, such as straw, foam pellets, or
4 mats.
5 6. The Iowa cooperative extension service in
6 agriculture and home economics at Iowa state
7 university shall assist in carrying out the purpose of
8 this section by developing a model good neighbor
9 policy which may be used by animal feeding operations
10 in complying with this section. The service shall
11 provide different versions of the policy based on
12 various possible situations. In developing different
13 versions, the service shall consider the type and size
14 of animal feeding operations, the type and size of
15 animal feeding operation structures utilized by
16 operations, the different species of animals
17 maintained at operations, varying distances to
18 neighboring residents, different types of locations of
19 the animal feeding operations, and the number of
20 existing or planned animal feeding operations located
21 in close proximity to the operation to be constructed.
22 The service shall develop its model good neighbor
23 policy based upon the sensibilities of a reasonable
24 rural resident in the county who is familiar with and
25 appreciates the importance of animal agriculture."
26 4. Page 19, line 3, by inserting after the word
27 "voluntarily." the following: "An animal feeding
28 operation shall not be eligible for nuisance suit
29 protection under this section, unless the operation is
30 subject to an existing good neighbor policy as
31 provided in section 455B.205."
32 5. Page 19, by inserting after line 14 the
33 following:
34 " . A violation of an animal feeding operation's
35 good neighbor policy as provided in section 455B.205,
36 to the extent that the violation is the cause of the
37 nuisance."
38 6. By renumbering and relettering as necessary.
Roll call was requested by Koenigs of Mitchell and Fallon of
Polk.
On the question "Shall amendment H-3706 be adopted?" (H.F. 519)
The ayes were, 34:
Bell Bernau Brand Burnett
Cataldo Cohoon Coon Doderer
Drees Fallon Harper Holveck
Jochum Koenigs Kreiman Larkin
Mascher May McCoy Mertz
Moreland Mundie Murphy Myers
Nelson, L. O'Brien Ollie Running
Schrader Shoultz Warnstadt Weigel
Wise Witt
The nays were, 62:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. 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 Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen Presiding
Absent or not voting, 4:
Baker Brammer Connors Grundberg
Amendment H-3706 lost.
Koenigs of Mitchell offered the following amendment H-3587,
previously deferred, filed by him and moved its adoption:
H-3587
1 Amend House File 519 as follows:
2 1. Page 19, line 30, by striking the word "all".
3 2. Page 19, line 34, by inserting after the word
4 "expenses." the following: "However, the plaintiff's
5 liability to the defendant shall not be more than the
6 same amount of all costs and expenses incurred by the
7 plaintiff in bringing and maintaining the cause of
8 action."
Amendment H-3587 lost.
Koenigs of Mitchell offered the following amendment H-3588 filed
by him and moved its adoption:
H-3588
1 Amend House File 519 as follows:
2 1. Page 19, by striking lines 29 through 34 and
3 inserting the following:
4 " . If a defendant is a prevailing party in an
5 action or proceeding based on a claim of nuisance
6 which arises from an animal feeding operation, and if
7 the court determines that the claim is frivolous, the
8 plaintiff shall pay court costs and reasonable
9 attorney fees incurred by the defendant."
10 2. By renumbering as necessary.
Roll call was requested by Koenigs of Mitchell and Fallon of
Polk.
On the question "Shall amendment H-3588 be adopted?" (H.F. 519)
The ayes were, 45:
Arnold Bell Bernau Brand
Burnett Carroll Cataldo Cohoon
Coon Cormack Cornelius Daggett
Dinkla Doderer Drees Fallon
Garman Grundberg Hanson Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May McCoy
Mertz Moreland Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Running Schrader Shoultz Siegrist
Teig Thomson Warnstadt Weigel
Wise
The nays were, 51:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Churchill
Corbett, Spkr. Disney Drake Eddie
Ertl Gipp Greig Greiner
Gries Grubbs Hahn Halvorson
Hammitt Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Sukup
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
Absent or not voting, 4:
Baker Brammer Connors Witt
Amendment H-3588 lost.
MOTION TO RECONSIDER FAILED
Koenigs of Mitchell called up for consideration the motion to
reconsider amendment H-3637 to House File 519, filed by him on
April 3, 1995, and moved to reconsider the vote by which
amendment H-3637 was adopted by the House on April 3, 1995.
The motion to reconsider amendment H-3637 failed, placing out of
order amendment H-3714, to amendment H-3637, filed by Schrader
of Marion from the floor.
MOTION TO RECONSIDER PREVAILED
Ertl of Dubuque called up for immediate consideration the motion
to reconsider amendment H-3597 to House File 519, filed by him
from the floor and moved to reconsider the vote by which
amendment H-3597 was adopted by the House on April 3, 1995.
Roll call was requested by Greig of Emmet and Hahn of Muscatine.
Rule 75 was invoked.
On the question "Shall the motion to reconsider prevail?" (H.F.
519)
The ayes were, 50:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Corbett, Spkr. Cornelius Daggett Dinkla
Disney Drake Eddie Ertl
Gipp Greig Gries Grubbs
Hahn Halvorson Hammitt Hanson
Heaton Houser Huseman Klemme
Kremer Lamberti Larson Main
Meyer Millage Mundie Nelson, B.
Nutt Rants Renken Salton
Schulte Siegrist Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
The nays were, 47:
Baker Bell Bernau Brand
Burnett Carroll Cataldo Churchill
Cohoon Coon Cormack Doderer
Drees Fallon Garman Greiner
Grundberg Harper Harrison Holveck
Hurley Jacobs Jochum Koenigs
Kreiman Larkin Lord Martin
Mascher May McCoy Mertz
Metcalf Moreland Murphy Myers
Nelson, L. O'Brien Ollie Running
Schrader Shoultz Sukup Warnstadt
Weigel Wise Witt
Absent or not voting, 3:
Brammer Connors Teig
The motion to reconsider prevailed and the House reconsidered
amendment H-3597, filed by Garman of Story and Coon, and found
on page 1170 of the House Journal.
Garman of Story moved the adoption of amendment H-3597.
A non-record roll call was requested.
The ayes were 50, nays 42.
Amendment H-3597 was adopted.
Eddie of Buena Vista 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. 519)
The ayes were, 70:
Arnold Bell Blodgett Boddicker
Boggess Bradley Branstad Brauns
Brunkhorst Carroll Cataldo Churchill
Coon Corbett, Spkr. Cormack Cornelius
Daggett Dinkla Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt
Hanson Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larkin Larson
Lord Main Martin May
Mertz Metcalf Meyer Millage
Nelson, B. Nutt Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Witt Van Maanen,
Presiding
The nays were, 27:
Baker Bernau Brand Burnett
Cohoon Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Mascher McCoy Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Running Schrader Shoultz
Warnstadt Weigel Wise
Absent or not voting, 3:
Brammer Connors Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 519 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 4, 1995, passed the following bill in
which the concurrence of the House is asked:
Senate File 181, a bill for an act providing a sales tax
exemption relating to aircraft, limiting the amount of refunds,
and providing effective date and retroactive applicability
provisions.
Also: That the Senate has on April 4, 1995, passed the following
bill in which the concurrence of the House is asked:
Senate File 338, a bill for an act relating to the regulation of
games of skill, games of chance, and amusement devices, and
subjecting violators to penalties.
JOHN F. DWYER, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 31,
1995. Had I been present, I would have voted "aye" on amendments
H-3257, and H-3268 to House Joint Resolution 14.
MASCHER of Johnson
I was necessarily absent from the House chamber on Monday
evening, April 3, 1995. Had I been present, I would have voted
"aye" on amendments H-3597, H-3568, H-3596 and H-3582 to House
File 519.
WISE of Lee
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 4th day of April, 1995: House File 170, House File 477 and
House File 478.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Boy Scout Troop 321 from Olds-Winfield School District,
accompanied by Rick Connop. By Heaton of Henry.
Eighty-four fifth grade students from Studebaker Elementary, Des
Moines, accompanied by Arlys Moss. By McCoy of Polk.
Forty eleventh and twelfth grade students from Clarksville High
School, Clarksville, accompanied by Dave Waskow. By Renken of
Grundy.
Fourteen Girl Scouts from Winterset, accompanied by Roxann
Roads. By Dinkla of Guthrie.
Four Senior Government students from Grinnell High School,
Grinnell, accompanied by Dennis Conway. By Carroll of Poweshiek.
Sixty fifth grade students from Cody Elementary, Pleasant
Valley, accompanied by Sonia Vogel, Kitty Miller, Rita
Manwiller, Joel Haack and Dave Langtimn. By Bradley of Clinton.
SUBCOMMITTEE ASSIGNMENT
Senate File 311 Reassigned
Transportation: Blodgett, Chair; Larkin and Main.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON HUMAN RESOURCES
Senate File 116, a bill for an act authorizing certain persons
to access dependent adult abuse information.
Fiscal Note is not required.
Recommended Do Pass April 4, 1995.
Senate File 174, a bill for an act relating to health facilities
under the purview of the department of inspections and appeals.
Fiscal Note is not required.
Recommended Do Pass April 4, 1995.
Senate File 178, a bill for an act relating to emergency medical
services.
Fiscal Note is not required.
Recommended Do Pass April 4, 1995.
Senate File 315, a bill for an act relating to mental health and
developmental disabilities assistance by extending a moratorium
on the number of intermediate care facility for the mentally
retarded beds and requiring certain reporting activities of the
state-county management committee, and providing an effective
date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-3719, April 4,
1995.
Senate File 346, a bill for an act relating to the establishment
of practitioner review committees for the purposes of evaluating
and monitoring practitioners who self-report physical or mental
impairments.
Fiscal Note is not required.
Recommended Do Pass April 4, 1995.
COMMITTEE ON NATURAL RESOURCES
Senate File 234, a bill for an act relating to the powers and
duties of the department of natural resources by amending
procedures for issuing and establishing fees for scientific
collector's licenses or permits.
Fiscal Note is not required.
Recommended Do Pass April 4, 1995.
Senate File 292, a bill for an act relating to the powers and
duties of the department of natural resources by authorizing the
use of certain revenue to repay loans related to sewage
collection and treatment plants in state parks and recreation
areas.
Fiscal Note is not required.
Recommended Do Pass April 4, 1995.
Senate File 407, a bill for an act relating to alkaline
manganese batteries.
Fiscal Note is not required.
Recommended Do Pass April 4, 1995.
AMENDMENTS FILED
H-3712 H.F. 370 Vande Hoef of Osceola
Shoultz of Black Hawk
Eddie of Buena Vista
Huseman of Cherokee
Klemme of Plymouth
Mertz of Kossuth
H-3713 S.F. 266 Rants of Woodbury
Grundberg of Polk
H-3715 H.F. 370 Nutt of Woodbury
H-3716 H.F. 430 Mascher of Johnson
Boddicker of Cedar
Grubbs of Scott
Hammitt of Harrison
H-3718 H.F. 370 Vande Hoef of Osceola
H-3719 S.F. 315 Committee on Human
Resources
H-3720 S.F. 406 Mascher of Johnson
Cornelius of Jackson
H-3721 H.F. 521 Mundie of Webster
H-3722 H.F. 518 Metcalf of Polk
H-3724 H.F. 457 Weigel of Chickasaw
H-3725 H.F. 419 May of Worth
H-3726 H.F. 521 Weigel of Chickasaw
H-3727 S.F. 207 Vande Hoef of Osceola
Renken of Grundy
H-3728 S.F. 406 Mascher of Johnson
Cornelius of Jackson
H-3729 H.F. 373 Running of Linn
H-3730 H.F. 521 Weigel of Chickasaw
Burnett of Story
H-3731 H.F. 514 Warnstadt of Woodbury
H-3732 H.F. 518 Brand of Benton
H-3733 H.F. 518 Weigel of Chickasaw
H-3734 H.F. 518 Holveck of Polk
H-3735 H.F. 521 Weigel of Chickasaw
H-3736 H.F. 508 Witt of Black Hawk
H-3737 H.F. 512 Baker of Polk
Cataldo of Polk
McCoy of Polk
H-3738 H.F. 512 Baker of Polk
Murphy of Dubuque
Wise of Lee
H-3739 S.F. 266 Baker of Polk
H-3740 S.F. 266 Baker of Polk
H-3741 S.F. 266 Baker of Polk
H-3742 S.F. 341 Murphy of Dubuque
H-3743 H.F. 520 Lamberti of Polk
Myers of Johnson
H-3744 H.F. 334 Ertl of Dubuque
H-3745 H.F. 334 Ertl of Dubuque
H-3746 H.F. 486 Van Fossen of Scott
H-3747 H.F. 520 Holveck of Polk
H-3748 H.F. 520 Holveck of Polk
H-3749 H.F. 518 Lamberti of Polk
Moreland of Wapello
Metcalf of Polk
Wise of Lee
H-3750 H.J.R. 11 Dinkla of Guthrie
Harrison of Scott
H-3751 H.F. 518 Holveck of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
12:50 a.m. until 8:45 a.m., Wednesday, April 5, 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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