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Ninety-fourth Calendar Day - Sixty-third Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 12, 1995 The House met pursuant to adjournment at 8:55 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend John C. Koedyker, Community Reformed Church, Clinton. The Journal of Tuesday, April 11, 1995 was approved. PETITION FILED The following petition was received and placed on file: By Houser of Pottawattamie, from twenty-eight constituents favoring retaining the issuance of driver's licenses in the office of the County Treasurer. LEAVE OF ABSENCE Leave of absence was granted as follows: Warnstadt of Woodbury, until his arrival, on request of Schrader of Marion. CONSIDERATION OF BILLS Regular Calendar Senate File 9, a bill for an act relating to the performance of duties of the office of recorder on abolition of the office and the filing of documents and providing an effective date and for retroactive applicability, with report of committee recommending passage, was taken up for consideration. Klemme of Plymouth moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 9) The ayes were, 91: Arnold Baker Bell Bernau Blodgett Boggess Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 9: Boddicker Bradley Brammer Brand Grubbs Grundberg Halvorson Nutt Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 45 WITHDRAWN Klemme of Plymouth asked and received unanimous consent to withdraw House File 45 from further consideration by the House. Unfinished Business Calendar The House resumed consideration of Senate File 215, a bill for an act relating to agricultural management account moneys and county grants for private rural water well, testing, sealing, and closure, previously deferred and placed on the unfinished business calendar. Huseman of Cherokee moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 215) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boggess Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grundberg Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 1: Brunkhorst Absent or not voting, 6: Boddicker Bradley Brammer Grubbs Halvorson Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 465 WITHDRAWN Vande Hoef of Osceola asked and received unanimous consent to withdraw House File 465 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 9 and 215. The House resumed consideration of Senate File 298, a bill for an act relating to implements of husbandry, concerning the definition of implements of husbandry and weight restrictions for certain implements of husbandry, with report of committee recommending passage, previously deferred and placed on the unfinished business calendar. Main of Jefferson moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 298) The ayes were, 84: Arnold Baker Bernau Blodgett Boggess Brand Branstad Brauns Brunkhorst Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Hahn Hammitt Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Mr. Speaker Corbett The nays were, 5: Burnett Doderer Holveck Koenigs Shoultz Absent or not voting, 11: Bell Boddicker Bradley Brammer Grubbs Grundberg Halvorson Hanson Murphy Warnstadt Witt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 501 WITHDRAWN Welter of Jones asked and received unanimous consent to withdraw House File 501 from further consideration by the House. The House resumed consideration of Senate File 255, a bill for an act relating to the administration of the department of agriculture and land stewardship, providing for moneys previously appropriated to the department, and providing an effective date, previously deferred and placed on the unfinished business calendar. Klemme of Plymouth moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 255) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 6: Boddicker Brammer Grubbs Grundberg Halvorson Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 245 WITHDRAWN Klemme of Plymouth asked and received unanimous consent to withdraw House File 245 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 255 and 298. The House resumed consideration of Senate File 333, a bill for an act relating to notice requirements required for work involving drainage and levee districts and water districts, previously deferred and placed on the unfinished business calendar. Huseman of Cherokee moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 333) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 7: Boddicker Brammer Grubbs Grundberg Halvorson Shoultz Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 320, a bill for an act relating to the regulation of state banks and other financial institutions by the division of banking of the department of commerce, previously deferred and placed on the unfinished business calendar. Holveck of Polk offered the following amendment H-3514 filed by him and moved its adoption: H-3514 1 Amend Senate File 320, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, line 30, by striking the words "the 4 superintendent or". 5 2. Page 117, by inserting after line 6 the 6 following: 7 "Sec. ___. Section 524.211, subsection 2C, as 8 enacted in this Act, shall not apply to the individual 9 who is serving as the superintendent of banking on 10 March 1, 1995." 11 3. By renumbering as necessary. A non-record roll call was requested. The ayes were 17, nays 47. Amendment H-3514 lost. Holveck of Polk offered the following amendment H-3515 filed by him and moved its adoption: H-3515 1 Amend Senate File 320, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 97, line 23, by inserting after the word 4 "property." the following: "If the plan provides that 5 the shares of each bank are to be converted, in whole 6 or in part, into cash or other property, the plan 7 shall provide an option for converting such shares 8 into shares, obligations, or other securities of the 9 resulting bank or of any other corporation and that 10 the manner in which the shares are to be converted 11 under the plan shall be at the option of the 12 shareholder." Amendment H-3515 lost. Nutt of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 320) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Boddicker Brammer Grundberg Halvorson Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 231 WITHDRAWN Mertz of Kossuth asked and received unanimous consent to withdraw House File 231 from further consideration by the House. INTRODUCTION OF BILLS House File 562, by committee on judiciary, a bill for an act to legalize the proceedings taken by the board of supervisors and county auditor of Mahaska county regarding the levy of a local option sales tax to finance the construction and maintenance of a county jail and providing an effective date. Read first time and placed on the calendar. House File 563, by Siegrist and Schrader, a bill for an act relating to the merit system classification of employees of statewide elected officials. Read first time and referred to committee on state government. House File 564, by Siegrist and Schrader, a bill for an act relating to the qualifications of a qualifying organization which are necessary to conduct pari-mutuel wagering at racetracks or gambling games on excursion gambling boats and providing effective and applicability dates. Read first time and referred to committee on ways and means. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 320 and 333. The House resumed consideration of Senate File 341, a bill for an act relating to delinquency charges on credit cards used to purchase or lease goods or services from less than one hundred persons not related to the card issuer, previously deferred and placed on the unfinished business calendar. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-3742 filed by him on April 4, 1995. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 341) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 7: Brammer Brand Doderer Grundberg Halvorson Veenstra Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 279 WITHDRAWN Metcalf of Polk asked and received unanimous consent to withdraw House File 279 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 341 be immediately messaged to the Senate. The House resumed consideration of Senate File 377, a bill for an act relating to the payment of patronage dividends by cooperative associations which are public utilities, previously deferred and placed on the unfinished business calendar. Sukup of Franklin moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 377) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Brammer Grundberg Halvorson Warnstadt 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 Senate File 377 be immediately messaged to the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Boddicker of Cedar and Halvorson of Clayton, on request of Siegrist of Pottawattamie. The House resumed consideration of Senate File 272, a bill for an act relating to the validity of a notarial act by an officer, director, or shareholder of a corporation and providing for retroactive application, previously deferred and placed on the unfinished business calendar. Larson of Linn moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 272) The ayes were, 90: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Gipp Greig Greiner Gries Grubbs Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Moreland Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 6: Branstad Fallon Garman Klemme Mertz Mundie Absent or not voting, 4: Brammer Grundberg Halvorson Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 209 WITHDRAWN Metcalf of Polk asked and received unanimous consent to withdraw House File 209 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 272 be immediately messaged to the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Mertz of Kossuth, until her return, on request of Schrader of Marion. Regular Calendar Senate File 446, a bill for an act relating to the possession or use of alcohol while operating a motor vehicle by requiring the administrative revocation of driving privileges of persons under the age of twenty-one who operate a motor vehicle with an alcohol concentration of .02 or more, denying issuance of temporary restricted licenses during the period of revocation, including the revocation under implied consent provisions, providing for civil penalties, excluding the revocation from application of certain motor vehicle financial responsibility requirements, providing for minimum periods of license revocation, providing a scheduled fine for possession of an open alcohol container while operating a motor vehicle, providing for the impoundment or immobilization of motor vehicles driven or owned by persons convicted of operating while intoxicated and being a second or subsequent offender, providing criminal penalties, and other related matters, with report of committee recommending passage, was taken up for consideration. Wise of Lee offered the following amendment H-3867 filed by him and Larkin and moved its adoption: H-3867 1 Amend Senate File 446, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, by striking lines 32 through 35 and 4 inserting the following: "and." 5 2. Page 4, by striking lines 23 through 27 and 6 inserting the following: "for the occurrence from7which the arrest arose. The court shall immediately 8 require". 9 3. Page 5, line 22, by striking the word "the" 10 and inserting the following: "any". 11 4. Page 6, line 2, by striking the word "the" and 12 inserting the following: "any". 13 5. Page 6, line 13, by striking the word "the" 14 and inserting the following: "any". 15 6. Page 6, line 33, by striking the word "the" 16 and inserting the following: "any applicable". 17 7. Page 16, by striking lines 14 through 18 and 18 inserting the following: 19 "2. A person whose motor". 20 8. Page 16, line 28, by inserting after the word 21 "period" the following: "of time as any applicable 22 period". 23 9. Page 17, by striking lines 28 through 32 and 24 inserting the following: 25 "2. A person whose license or". 26 10. Page 19, line 10, by striking the word "the" 27 and inserting the following: "any applicable". 28 11. Page 22, line 15, by striking the word "the" 29 and inserting the following: "any applicable". 30 12. Page 22, line 24, by striking the word "the" 31 and inserting the following: "any applicable". 32 13. Page 22, line 28, by striking the word "the" 33 and inserting the following: "any applicable". Roll call was requested by Gipp of Winneshiek and Van Maanen of Marion. On the question "Shall amendment H-3867 be adopted?" (S.F. 446) The ayes were, 13: Brand Cohoon Drees Holveck Larkin Murphy Nelson, L. Ollie Running Schrader Shoultz Weigel Wise The nays were, 80: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Fallon Garman Gipp Greig Gries Grubbs Hahn Hammitt Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Moreland Mundie Myers Nelson, B. Nutt O'Brien Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Witt Mr. Speaker Corbett Absent or not voting, 7: Brammer Ertl Greiner Grundberg Halvorson Mertz Warnstadt Amendment H-3867 lost. Garman of Story asked and received unanimous consent to withdraw amendment H-3642 filed by her on March 30, 1995. Witt of Black Hawk asked and received unanimous consent to withdraw amendment H-3810 filed by him and Welter of Jones on April 10, 1995. 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?" (S.F. 446) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Gries Grubbs Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 7: Brammer Greiner Grundberg Halvorson Mertz Running Warnstadt 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 Senate File 446 be immediately messaged to the Senate. SPECIAL PRESENTATION Eddie of Buena Vista presented to the House Alexander Muravsky, member of the Parliament of Muldova. Mr. Muravsky is from Kishiner Muldova and is Vice-chairman of the Economy, Industry and Privatization Commission. The House rose and expressed its welcome. 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 12, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 198, a bill for an act creating a lien arising from the care and feeding of livestock in a custom cattle feedlot. Also: That the Senate has on April 12, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 256, a bill for an act relating to the definition of the practice of engineering and the suspension or revocation of the certificate of registration of a professional engineer or land surveyor. Also: That the Senate has on April 12, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 346, a bill for an act relating to the verification and defendant's signature required for uniform citations and complaints. Also: That the Senate has on April 12, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 470, a bill for an act relating to the assessment of certain public improvement costs to abutting property at the request of the property owner. Also: That the Senate has on April 12, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 490, a bill for an act relating to limited liability companies. Also: That the Senate has on April 12, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 94, a bill for an act relating to reciprocal license fees for nonresident real estate brokers and salespersons. Also: That the Senate has on April 12, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 117, a bill for an act adopting a new uniform anatomical gift Act and providing a penalty. Also: That the Senate has on April 12, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 118, a bill for an act relating to the development and implementation of a coordinated statewide trauma care delivery system and providing penalties and immunity from liability. Also: That the Senate has on April 12, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 178, a bill for an act relating to emergency medical services. Also: That the Senate has on April 12, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 278, a bill for an act providing that animals classified as ostriches, rheas, and emus are considered livestock. JOHN F. DWYER, Secretary On motion by Siegrist of Pottawattamie, the House was recessed at 11:50 a.m., until 1:15 p.m. AFTERNOON SESSION The House reconvened at 1:15 p.m., Speaker Corbett in the chair. INTRODUCTION OF BILL House File 565, by committee on appropriations, a bill for an act establishing a school-to-work planning and implementation program focusing on career pathways for students. Read first time and placed on the appropriations calendar. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty-five absent. CONSIDERATION OF BILLS Appropriations Calendar Senate File 459, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safety's administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshal's office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability, with report of committee recommending amendment and passage, was taken up for consideration. The House stood at ease at 1:25 p.m., until the fall of the gavel. The House resumed session at 3:13 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Garman of Story offered amendment H-3811 filed by the committee on appropriations and requested division as follows: H-3811 1 Amend Senate File 459, as amended, passed, and 2 reprinted by the Senate, as follows: H-3811A 3 1. Page 1, line 10, by striking the figure 4 "5,242,801" and inserting the following: "5,142,801". H-3811B 5 2. Page 1, line 19, by striking the figure 6 "175,000" and inserting the following: "122,415". H-3811C 7 3. By striking page 4, line 22, through page 5, 8 line 7. 9 4. Page 7, by inserting after line 25 the 10 following: 11 "Moneys received by the department of corrections 12 as reimbursement for services provided to the Clarinda 13 youth corporation are appropriated to the department 14 and shall be used for the purpose of operating the 15 Clarinda correctional facility." H-3811D 16 5. By striking page 8, line 16, through page 9, 17 line 35. H-3811E 18 6. Page 10, by striking lines 20 through 26. H-3811C 19 7. Page 11, by inserting after line 18 the 20 following: 21 "7. For educational programs for inmates at state 22 penal institutions: 23 $ 1,850,600 24 It is the intent of the general assembly that 25 moneys appropriated in this subsection shall be used 26 solely for the purpose indicated and that the moneys 27 shall not be transferred for any other purpose." 28 8. Page 16, by inserting after line 12 the 29 following: 30 "7. In addition to the requirements of section 31 8.39, the department of corrections shall not make an 32 intradepartmental transfer of moneys appropriated to 33 the department, unless notice of the intradepartmental 34 transfer is given prior to its effective date to the 35 legislative fiscal bureau. The notice shall include 36 information on the department's rationale for making 37 the transfer and details concerning the work load and 38 performance measures upon which the transfers are 39 based." 40 9. Page 22, line 34, by inserting after the word 41 "surveillance" the following: "or safety". 42 10. Page 26, line 28, by striking the figure 43 "8,330,089" and inserting the following: "8,808,350". 44 11. Page 26, line 29, by striking the figure 45 "166.00" and inserting the following: "180.00". 46 12. Page 27, by striking lines 26 through 35 and 47 inserting the following: "6." 48 13. Page 29, by striking lines 1 and 2. 49 14. Page 29, by inserting before line 3 the 50 following: Page 2 1 "Sec. ___. NEW SECTION. 80.41 HIGHWAY SAFETY 2 PATROL FUND. 3 A highway safety patrol fund is created as a 4 separate fund in the state treasury. Interest and 5 other moneys earned by the fund shall be deposited in 6 the fund. The fund shall include moneys credited from 7 the use tax as allocated under section 423.24, 8 subsection 2. The moneys credited to the fund for the 9 fiscal year beginning July 1, 1995, and ending June 10 30, 1996, shall be appropriated as follows: 11 1. Thirty-three million two hundred ten thousand 12 four hundred sixty-seven dollars shall be appropriated 13 to the division of highway safety, uniformed force, 14 and radio communications of the department of public 15 safety to be used for salaries, support, maintenance, 16 and miscellaneous purposes, including workers' 17 compensation expenses and the state's contribution to 18 the peace officers' retirement, accident, and 19 disability system provided in chapter 97A in the 20 amount of eighteen percent of the salaries for which 21 the funds are appropriated. 22 2. Sufficient moneys for the division of highway 23 safety, uniformed force, and radio communications of 24 the department of public safety shall be appropriated 25 for salary adjustment moneys. 26 3. Any revenues remaining shall be credited to the 27 road use tax fund created under section 312.1. 28 It is the intent of the general assembly that 29 moneys be appropriated from the general fund of the 30 state to partially fund the division of highway 31 safety, uniformed force, and radio communications of 32 the department of public safety by fiscal year 1997 33 and to fully fund the division by fiscal year 2001 and 34 each fiscal year thereafter. It is further intended 35 that the fund created in this section be repealed when 36 the highway patrol is fully funded from the general 37 fund of the state and all use tax receipts designated 38 in section 423.24, subsection 2, are deposited in the 39 road use tax fund." H-3811F 40 15. Page 29, line 8, by striking the words "full 41 cost ofauditing" and inserting the following: "cost 42 ofauditingsalaries for no more than two special 43 agents and no more than four gaming enforcement 44 officers for each excursion gambling boat for". 45 16. Page 29, by striking lines 12 through 14 and 46 inserting the following: "salary costs shall be 47 limited to sixty-five percent of the salary costs for 48 special agents and sixty-five percent of the salary 49 costs for gaming enforcement for personnel assigned to 50 excursion gambling boats who enforce laws and rules Page 3 1 adopted by the". H-3811C 2 17. Page 29, by inserting after line 15 the 3 following: 4 "Sec. ___. Section 423.24, subsection 2, Code 5 1995, is amended to read as follows: 6 2. Twenty percent of all revenue derived from the 7 use tax on motor vehicles, trailers, and motor vehicle 8 accessories and equipment as collected pursuant to 9 section 423.7 shall be deposited in theGAAP deficit10reduction account established in the department of11management pursuant to section 8.57, subsection 2,12 highway safety patrol fund created in section 80.41, 13 and shall be used in accordance with the provisions of 14 that section." 15 18. By striking page 31, line 5, through page 32, 16 line 1. 17 19. Page 32, by inserting before line 2 the 18 following: 19 "Sec. ___. Section 904.105, subsection 9, Code 20 1995, is amended by striking the subsection. 21 Sec. 100. NEW SECTION. 904.311A PRISON RECYCLING 22 FUND. 23 The Iowa prison recycling fund is created and 24 established as a separate and distinct fund in the 25 state treasury. All moneys remitted to the department 26 for recycling operations in each fiscal year 27 commencing with the fiscal year beginning July 1, 28 1994, shall be deposited in the fund. Notwithstanding 29 section 12C.7, subsection 2, interest or earnings on 30 moneys deposited in the fund shall be credited to the 31 fund. Notwithstanding section 8.33, moneys in the 32 fund shall not revert to the general fund of the state 33 at the close of a fiscal year but shall remain in the 34 fund and be used as directed in this section in the 35 succeeding fiscal year. The treasurer of state shall 36 act as custodian of the fund and disburse moneys from 37 the fund as directed by the department for the purpose 38 of payment of operating expenses for recycling. 39 Sec. ___. NEW SECTION. 904.508A INMATE TELEPHONE 40 REBATE FUND. 41 The department is authorized to establish and 42 maintain an inmate telephone rebate fund in each 43 institution for the deposit of moneys received for 44 inmate telephone rebates. All funds deposited in this 45 fund shall be used for the benefit of inmates. The 46 director shall adopt rules providing for the 47 disbursement of moneys from the fund." 48 20. Page 32, by inserting after line 6 the 49 following: 50 "Sec. ___. INTERIM STUDY COMMITTEE. The Page 4 1 legislative council is requested to authorize an 2 interim study committee concerning the enforcement of 3 activities on excursion gambling boats." 4 21. Page 32, by striking lines 16 through 19. 5 22. Page 32, by inserting after line 24 the 6 following: 7 "6. Section 100 of this Act, dealing with the Iowa 8 prison recycling fund, takes effect upon enactment and 9 is retroactively applicable to July 1, 1994." 10 23. By renumbering, relettering, or redesignating 11 and correcting internal references as necessary. Millage of Scott offered the following amendment H-3868, to the committee amendment H-3811A, filed by him and moved its adoption: H-3868 1 Amend the amendment, H-3811, to Senate File 459, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 4, by striking the figure 5 "5,142,801" and inserting the following: "5,042,801". Amendment H-3868 lost. Garman of Story moved the adoption of the committee amendment H-3811A. Roll call was requested by Schrader of Marion and Murphy of Dubuque. On the question "Shall the committee amendment H-3811A be adopted?" ( S.F. 459) The ayes were, 59: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Gipp Greig Gries Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 37: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Dinkla Doderer Drees Fallon Grubbs 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 Absent or not voting, 4: Brammer Brunkhorst Greiner Grundberg The committee amendment H-3811A was adopted. The House considered the committee amendment H-3811B. Garman of Story moved the adoption of the committee amendment H-3811B. Roll call was requested by Siegrist of Pottawattamie and Rants of Woodbury. On the question "Shall the committee amendment H-3811B be adopted?" (S.F. 459) The ayes were, 61: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett 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 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 The nays were, 35: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Dinkla 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 Absent or not voting, 4: Brammer Grundberg Hurley Witt The committee amendment H-3811B was adopted. The House considered the committee amendment H-3811C. Dinkla of Guthrie offered the following amendment H-3906, to the committee amendment H-3811C, filed by him from the floor and moved its adoption: H-3906 1 Amend the amendment, H-3811, to Senate File 459, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 39 the 5 following: 6 " . Page 17, by striking lines 23 through 29 7 and inserting the following: "reporters to be 8 assigned pursuant to section 602.6201."" 9 2. Page 1, by inserting before line 40 the 10 following: 11 " . By striking page 17, line 33, through page 12 18, line 2, and inserting the following: "reporters 13 to be assigned pursuant to section 602.6301."" 14 3. By renumbering as necessary. A non-record roll call was requested. The ayes were 30, nays 57. Amendment H-3906 lost. Murphy of Dubuque offered the following amendment H-3872, to the committee amendment H-3811C, filed by him and Bell and moved its adoption: H-3872 1 Amend the amendment, H-3811, to Senate File 459, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by striking lines 19 and 20. Amendment H-3872 was adopted. On motion by Garman of Story, the committee amendment H-3811C, as amended, was adopted. Garman of Story moved the adoption of the committee amendment H-3811D. Roll call was requested by Wise of Lee and Schrader of Marion. Rule 75 was invoked. On the question "Shall the committee amendment H-3811D be adopted?" (S.F. 469) The ayes were, 61: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Coon Corbett, Spkr. Cornelius Daggett Dinkla Disney Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord 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 The nays were, 36: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Cormack Doderer Drees Harper Holveck Jochum Koenigs Kreiman Larkin Main Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 3: Brammer Churchill Grundberg The committee amendment H-3811D was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Grundberg of Polk, on request of Daggett of Union; Churchill of Polk on request of Gipp of Winneshiek. Garman of Story moved the adoption of the committee amendment H-3811E. Roll call was requested by Murphy of Dubuque and Running of Linn. On the question "Shall amendment H-3811E be adopted?" (S.F. 459) The ayes were, 60: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Coon Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp 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 The nays were, 34: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 6: Brammer Churchill Corbett, Spkr. Greig Grundberg Moreland The committee amendment H-3811E was adopted. The House considered the committee amendment H-3811F. Garman of Story moved the adoption of the committee amendment H-3811F. A non-record roll call was requested. Rule 75 was invoked. The ayes were 51, nays 43. The committee amendment H-3811F was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: O'Brien of Boone, on request of Schrader of Marion. Fallon of Polk offered amendment H-3827 filed by him and Kreiman as follows: H-3827 1 Amend Senate File 459, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, by inserting after line 19 the 4 following: 5 "It is the intent of the general assembly that as a 6 condition of receiving the appropriation provided in 7 this subsection, the department of corrections shall 8 not permit the sale or allow the use of any tobacco 9 products in any correctional facility under the 10 department's control." 11 2. Page 29, by inserting after line 15 the 12 following: 13 "Sec. ___. Section 356.36, unnumbered paragraph 1, 14 Code 1995, is amended to read as follows: 15 The Iowa department of corrections, in consultation 16 with the Iowa state sheriff's association, the Iowa 17 association of chiefs of police and peace officers, 18 the Iowa league of municipalities, and the Iowa board 19 of supervisors association, shall draw up minimum 20 standards for the regulation of jails, alternative 21 jails, facilities established pursuant to chapter 356A 22 and municipal holding facilities. The standards shall 23 include a prohibition on the sale and use of tobacco 24 products within the jails and facilities. When 25 completed by the department, the standards shall be 26 adopted as rules pursuant to chapter 17A." 27 3. By renumbering as necessary. Kreiman of Davis offered the following amendment H-3888, to amendment H-3827, filed by him and Fallon and moved its adoption: H-3888 1 Amend the amendment, H-3827, to Senate File 459, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 8, by striking the words "not 5 permit" and inserting the following: "adopt rules 6 necessary to implement, by January 1, 2000, a ban on". 7 2. Page 1, line 8, by striking the words "allow 8 the". 9 3. Page 1, line 9, by inserting after the word 10 "any" the following: "building located in a". 11 4. Page 1, by striking lines 11 through 27. Amendment H-3888 was adopted. Speaker Corbett in the chair at 5:24 p.m. On motion by Fallon of Polk, amendment H-3827, as amended, lost. Bell of Jasper offered the following amendment H-3869 filed by him and moved its adoption: H-3869 1 Amend Senate File 459 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 25, line 6, by striking the figure 4 "15,000" and inserting the following: "30,000". Amendment H-3869 was adopted. Garman of Story offered the following amendment H-3875 filed by her and moved its adoption: H-3875 1 Amend Senate File 459, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 28, by inserting after line 22 the 4 following: 5 "9. The division of highway safety, uniformed 6 force, and radio communications may expend an amount 7 proportional to the costs that are reimbursable from 8 the highway safety patrol fund created in section 9 80.41, as enacted by this Act. Spending for these 10 costs may occur from any unappropriated funds in the 11 state treasury upon a finding by the department of 12 management that all of the amounts requested and 13 approved are reimbursable from the highway safety 14 patrol fund. Upon payment to the highway safety 15 patrol fund, the division of highway safety, uniformed 16 force, and radio communications shall credit the 17 payments necessary to reimburse the state treasury. 18 10. In addition to other amounts appropriated, for 19 payment to the department of personnel for expenses 20 incurred in administering the merit system on behalf 21 of the division of highway safety, uniformed force, 22 and radio communications: 23 $ 88,390" Amendment H-3875 was adopted. Harper of Black Hawk offered amendment H-3878 filed by her as follows: H-3878 1 Amend Senate File 459, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 29, by inserting after line 15 the 4 following: 5 "Sec. ___. Section 356.36, unnumbered paragraph 1, 6 Code 1995, is amended to read as follows: 7 The Iowa department of corrections, in consultation 8 with the Iowa state sheriff's association, the Iowa 9 association of chiefs of police and peace officers, 10 the Iowa league of municipalities, and the Iowa board 11 of supervisors association, shall draw up minimum 12 standards for the regulation of jails, alternative 13 jails, facilities established pursuant to chapter 356A 14 and municipal holding facilities. The standards shall 15 include a requirement that jails and facilities with 16 two hundred or more inmate beds employ a mental health 17 professional on the staff of that jail or facility. 18 When completed by the department, the standards shall 19 be adopted as rules pursuant to chapter 17A." 20 2. By renumbering as necessary. Garman of Story rose on a point of order that amendment H-3878 was not germane. The Speaker ruled the point well taken and amendment H-3878 not germane. Millage of Scott offered amendment H-3889 filed by him as follows: H-3889 1 Amend Senate File 459, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 30, by striking lines 11 through 18 and 4 inserting the following: 5 "b. For each fiscal year, a judicial collection 6 estimate for that fiscal year shall be equally and 7 proportionally divided into a quarterly amount. The 8 judicial collection estimate shall be calculated by 9 using the state revenue estimating conference estimate 10 made by December 15 pursuant to section 8.22A, 11 subsection 3, of the total amount of fines, fees, 12 civil penalties, costs, surcharges, and other revenues 13 collected by judicial officers and court employees for 14 deposit into the general fund of the state. The 15 revenue estimating conference estimate shall be 16 reduced by the maximum amounts allocated to the Iowa 17 prison infrastructure fund pursuant to section 18 602.8108A, and the court technology fund pursuant to 19 section 602.8108, and the remainder shall be the 20 judicial collection estimate." 21 2. Page 30, line 19, by striking the word and 22 figure "subsection 1." 23 3. Page 30, line 24, by inserting after the 24 figure "602.8108A" the following: "and into the court 25 technology fund pursuant to section 602.8108". 26 4. Page 30, line 31, by inserting after the word 27 "fund." the following: "If the revenue estimating 28 conference agrees to a different estimate at a later 29 meeting which projects a lesser amount of revenue than 30 the initial estimate amount used to calculate the 31 judicial collection estimate, the director of revenue 32 and finance shall recalculate the judicial collection 33 estimate accordingly." Millage of Scott offered the following amendment H-3904, to amendment H-3889 filed by him from the floor and moved its adoption: H-3904 1 Amend the amendment, H-3889, to Senate File 459, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 33, by inserting the word 5 "accordingly." the following: "If the revenue 6 estimating conference agrees to a different estimate 7 at a later meeting which projects a greater amount of 8 revenue than the initial estimate amount used to 9 calculate the judicial collection estimate, the 10 director of revenue and finance shall recalculate the 11 judicial collection estimate accordingly but only to 12 the extent that the greater amount is due to an 13 increase in the fines, fees, civil penalties, costs, 14 surcharges, or other revenues allowed by law to be 15 collected by judicial officers and court employees." Amendment H-3904 was adopted. On motion by Millage of Scott, amendment H-3889, as amended, was adopted. Garman of Story moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 459) The ayes were, 63: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Carroll Cataldo Coon Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs 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 Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 31: Bernau Brand Burnett Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 6: Brammer Brunkhorst Churchill Grundberg Hahn O'Brien 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 Senate File 459 be immediately messaged to the Senate. Speaker pro tempore Van Maanen of Marion in the chair at 5:48 p.m. House File 553, a bill for an act relating to agriculture and natural resources, including for appropriations involving agriculture and natural resources, providing related statutory changes, and providing effective dates, was taken up for consideration. Hahn of Muscatine offered amendment H-3896 filed by him as follows: H-3896 1 Amend House File 553 as follows: 2 1. Page 1, line 14, by striking the figure 3 "45.45" and inserting the following: "46.45". 4 2. Page 9, line 34, by striking the word 5 "expenses" and inserting the following: "one-time 6 expenses to improve technician efficiency". 7 3. Page 10, by striking lines 13 through 15 and 8 inserting the following: "loess hills development and 9 conservation fund created in section 161D.2, for 10 purposes specified in section 161D.1." 11 4. Page 10, line 16, by striking the word 12 "REDISTRIBUTION" and inserting the following: "LIMIT 13 ON LAND ACQUISITION." 14 5. By striking page 10, line 19, through page 11, 15 line 8, and inserting the following: "30, 1996, not 16 more than thirty percent of the amount allocated to 17 the open spaces account of the resources enhancement 18 and protection fund provided in section 455A.19, 19 subsection 1, paragraph "a", shall be used for the 20 acquisition of land." LEAVE OF ABSENCE Leave of absence was granted as follows: Gipp of Winneshiek, until his return, on request of Siegrist of Pottawattamie. Mascher of Johnson offered the following amendment H-3909, to amendment H-3896, filed by Mascher, McCoy, Mertz, Burnett, Witt, Cataldo, Fallon, Koenigs, Schrader and May from the floor and moved its adoption: H-3909 1 Amend the amendment, H-3896, to House File 553, as 2 follows: 3 1. Page 1, by striking lines 11 through 20 and 4 inserting the following: 5 " . By striking page 10, line 16, through page 6 11, line 8." 7 2. By renumbering as necessary. Roll call was requested by Mascher of Johnson and Schrader of Marion. Rule 75 was invoked. On the question "Shall amendment H-3909, to amendment H-3896, be adopted?" (H.F. 553) The ayes were, 36: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Dinkla Doderer Drees Fallon Halvorson Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Murphy Myers Nelson, B. Nelson, L. Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 57: Arnold Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Greig Greiner Gries Grubbs Hahn Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Main Martin Metcalf Meyer Millage Mundie Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen Presiding Absent or not voting, 7: Brammer Branstad Churchill Gipp Grundberg Lord O'Brien Amendment H-3909 lost. On motion by Hahn of Muscatine, amendment H-3896 was adopted. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-3854 filed by him on April 11, 1995. Weigel of Chickasaw offered amendment H-3865 filed by him as follows: H-3865 1 Amend House File 553 follows: 2 1. Page 3, line 15, by striking the figure 3 "5,456,854" and inserting the following: "5,621,854". 4 2. Page 3, line 16, by striking the figure 5 "169.80" and inserting the following: "176.30". 6 3. Page 3, line 17, by inserting before the word 7 "Of" the following: "(1)". 8 4. Page 3, by inserting after line 22 the 9 following: 10 "(2) Of the amount appropriated and the number of 11 full-time equivalent positions allocated in this 12 paragraph "a", $165,000 and 6.50 FTEs shall be used to 13 provide that 13 part-time field office secretary I 14 positions are made full-time positions." Weigel of Chickasaw offered the following amendment H-3911, to amendment H-3865 filed by him from the floor and moved its adoption: H-3911 1 Amend the amendment, H-3865, to House File 553, as 2 follows: 3 1. Page 1, by striking lines 2 and 3. 4 2. Page 1, by inserting after line 14 the 5 following: 6 " . Page 9, line 35, by striking the figure 7 "500,000" and inserting the following: "335,000". 8 . Page 9, by inserting after line 35 the 9 following: 10 " . To the division of soil conservation of the 11 department of agriculture and land stewardship for 12 salaries and support of the division: 13 $ 165,000"" Amendment H-3911 was adopted. On motion by Weigel of Chickasaw, amendment H-3865, as amended, was adopted. Vande Hoef of Osceola asked and received unanimous consent to defer action on amendment H-3759. Burnett of Story offered the following amendment H-3887 filed by Burnett, et. al., and moved its adoption: H-3887 1 Amend House File 553 as follows: 2 1. Page 9, line 12, by striking the figure 3 "7,000,000" and inserting the following: "8,000,000". Roll call was requested by Burnett of Story and Shoultz of Black Hawk. Rule 75 was invoked. On the question "Shall amendment H-3887 be adopted?" (H.F. 553) The ayes were, 39: Arnold Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Coon Dinkla Doderer Drees Fallon Hanson Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. Ollie Running Schrader Schulte Shoultz Warnstadt Weigel Wise Witt The nays were, 53: Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Siegrist Sukup Teig Thomson Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 8: Brammer Branstad Churchill Gipp Grundberg Lord O'Brien Tyrrell Amendment H-3887 lost. The following amendments were deferred by unanimous consent: H-3879 filed by Murphy of Dubuque. H-3874 filed by Koenigs of Mitchell. H-3882 filed by Murphy of Dubuque. Witt of Black Hawk offered the following amendment H-3883 filed by him and moved its adoption: H-3883 1 Amend House File 553 as follows: 2 1. Page 10, by striking lines 5 through 15. 3 2. By renumbering as necessary. Roll call was requested by Witt of Black Hawk and Fallon of Polk. On the question "Shall amendment H-3883 be adopted?" (H.F. 553) The ayes were, 38: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Ollie Running Schrader Shoultz Sukup Van Fossen Warnstadt Weigel Wise Witt The nays were, 56: Arnold Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll 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 Main Martin Metcalf Meyer Millage Nutt Rants Renken Salton Schulte Siegrist Teig Thomson Tyrrell Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 6: Brammer Branstad Churchill Grundberg Lord O'Brien Amendment H-3883 lost. Mascher of Johnson asked and received unanimous consent to withdraw amendment H-3884 filed by her on April 11, 1995. Murphy of Dubuque offered amendment H-3885 filed by him as follows: H-3885 1 Amend House File 553 as follows: 2 1. By striking page 12, line 30, through page 13, 3 line 16. 4 2. By renumbering as necessary. Murphy of Dubuque offered the following amendment H-3917, to amendment H-3885, filed by him from the floor and moved its adoption: H-3917 1 Amend the amendment, H-3885, to House File 553 as 2 follows: 3 1. Page 1, by inserting after line 1 the 4 following: 5 " . Page 1, line 13, by striking the figure 6 "1,846,079" and inserting the following: 7 "1,900,105"." 8 2. By renumbering as necessary. Amendment H-3917 was adopted. On motion by Murphy of Dubuque amendment H-3885, as amended, lost. Murphy of Dubuque offered the following amendment H-3886 filed by him and moved its adoption: H-3886 1 Amend House File 553 as follows: 2 1. Page 16, by striking lines 5 through 16. 3 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 25, nays 52. Amendment H-3886 lost. Mertz of Kossuth offered amendment H-3890 filed by her as follows: H-3890 1 Amend House File 553 as follows: 2 1. Page 18, by inserting after line 11 the 3 following: 4 "Sec. ___. Section 8.60, Code 1995, is amended to 5 read as follows: 6 8.60 USE OF DESIGNATED MONEYS. 7 Moneys credited to or deposited in the general fund 8 of the state on or after July 1, 1993, which under law 9 were previously collected to be used for specific 10 purposes, or to be credited to, or be deposited to a 11 particular account or fund shall only be used for the 12 purposes for which the moneys were collected, 13 including but not limited to moneys collected in 14 accordance with any of the following provisions: 15 1. Pari-mutuel regulation fund created in section 16 99D.17, Code Supplement 1993. 17 2. Excursion boat gambling special account 18 pursuant to section 99F.4, subsection 2, Code 19 Supplement 1993. 203. Milk fund created in section 192.111, Code21Supplement 1993.224. Dairy trade practices trust fund pursuant to23section 192A.30, Code Supplement 1993.245. Commercial feed fund created in section 198.9,25Code Supplement 1993.266. Fertilizer fund created in section 200.9, Code27Supplement 1993.287. Pesticide fund created in section 206.12, Code29Supplement 1993.308.3. Motor vehicle fraud account pursuant to 31 section 312.2, subsection 13, Code Supplement 1993. 329.4. Public transit assistance fund pursuant to 33 section 312.2, subsection 15, and section 324A.6, Code 34 Supplement 1993. 3510.5. Salvage vehicle fee paid to the Iowa law 36 enforcement academy pursuant to section 321.52, Code 37 Supplement 1993. 3811.6. Railroad assistance fund created in section 39 327H.18, Code Supplement 1993. 4012.7. Special railroad facility fund created in 41 section 327I.23, Code Supplement 1993. 4213.8. State aviation fund created in section 43 328.36, Code Supplement 1993. 4414. Marine fuel tax fund created in section45452A.79, Code Supplement 1993.4615.9. Public outdoor recreation and resources 47 fund pursuant to section 461A.79, Code Supplement 48 1993. 4916.10. Energy research and development fund 50 created in section 473.11, Code Supplement 1993. Page 2 117.11. Utilities trust fund created in section 2 476.10, Code Supplement 1993. 318.12. Banking revolving fund created in section 4 524.207, Code Supplement 1993. 519.13. Credit union revolving fund created in 6 section 533.67, Code Supplement 1993. 720.14. Professional licensing revolving fund 8 created in section 546.10, Code Supplement 1993." 9 2. Page 18, by inserting after line 25 the 10 following: 11 "Sec. ___. Section 192.111, subsection 3, Code 12 1995, is amended by striking the subsection. 13 Sec. ___. NEW SECTION. 192.112 MILK FUND. 14 1. A milk fund is established in the state 15 treasury under the control of the department. The 16 fund shall consist of any money appropriated by the 17 general assembly and any other moneys available to and 18 obtained or accepted by the department from the 19 federal government or private sources for placement in 20 the fund. Fees collected under sections 192.111, 21 192.133, 194.14, 194.19, 194.20, and 195.9 shall be 22 deposited in the fund. All moneys deposited under 23 this section are appropriated to the department for 24 the costs of inspection, sampling, analysis, and other 25 expenses necessary for the administration of this 26 chapter and chapters 194 and 195. 27 2. In each fiscal year, the secretary shall 28 calculate the balance of funds deposited under this 29 section by subtracting all moneys expended for the 30 costs of inspection, sampling, analysis, and other 31 expenses necessary for the administration of this 32 chapter and chapters 194 and 195. If the calculation 33 shows a balance of funds deposited under this section 34 on June 30 of any fiscal year equal to or exceeding 35 one hundred fifty thousand dollars, the secretary 36 shall reduce the fees provided for in section 192.111 37 and section 194.20 for the next fiscal year in an 38 amount which will result in an ending estimated 39 balance of such funds for June 30 of the next fiscal 40 year of one hundred fifty thousand dollars. 41 3. All moneys in the milk fund are subject to 42 audit by the auditor of state. The milk fund is 43 subject at all times to warrants by the director of 44 revenue and finance, drawn upon written requisition of 45 the secretary. Notwithstanding section 8.33, moneys 46 in the milk fund shall remain in the milk fund and 47 shall not revert to the general fund of the state. 48 Notwithstanding section 12C.7, subsection 2, interest 49 or earnings on moneys deposited in the milk fund shall 50 be credited to the milk fund. Page 3 1 Sec. ___. Section 192.133, Code 1995, is amended 2 to read as follows: 3 192.133 LICENSE TERM -- FEES. 4 A license, unless earlier revoked, is valid until 5 July 1 after the date of its issuance. The maximum 6 fee for a license is twenty-five dollars, which shall 7 be paid before the license is issued, and standard 8 test bottles and pipettes shall be furnished at actual 9 cost. Fees collected under this section shall be 10 depositedand used as required in section 192.111in 11 the milk fund established in section 192.112. 12 Sec. ___. Section 192A.30, Code 1995, is amended 13 to read as follows: 14 192A.30 PERMIT FEES. 15 For the purpose of administering and enforcing this 16 chapter, a processor or a person purchasing milk 17 products from a processor for wholesale distribution 18 shall obtain a permit, as provided by departmental 19 rule, before milk products are sold by the person or 20 wholesale purchaser in this state. The processor or 21 wholesale purchaser shall pay to the secretary a 22 permit fee in an amount set by the secretary, not to 23 exceed five mills per hundredweight on milk processed 24 into dairy products as defined in section 192A.1, and 25 sold within the state of Iowa. However, the permit 26 fee for the sale of ice cream or an additive variant 27 of ice cream or nonmilk-fat imitation shall not exceed 28 three mills per gallon. Products upon which fees have 29 been paid are exempt from further fees in successive 30 transactions. The fees for each month thus computed 31 shall be paid to the secretary on or before the 32 twenty-fifth day of the following month. The fees 33 shall be deposited in the milk fund established in 34 section 192.112. 35Fees paid to the secretary shall be deposited into36the general fund of the state and shall be subject to37the requirements of section 8.60.38 Sec. ___. Section 194.14, Code 1995, is amended to 39 read as follows: 40 194.14 LICENSE TERM -- FEES. 41 A milk grader's license, unless sooner revoked, is 42 valid until July 1 after the date of issuance. The 43 maximum fee for each license is ten dollars, which 44 shall be paid before the license is issued. Fees 45 collected under this section shall be depositedand46used as required in section 192.111in the milk fund 47 established pursuant to section 192.112. 48 Sec. ___. Section 194.19, unnumbered paragraph 1, 49 Code 1995, is amended to read as follows: 50 A vehicle used for the collection of milk for Page 4 1 manufacture of dairy products shall first be licensed 2 by the department. A license, unless earlier revoked, 3 is valid until July 1 after the date of its issuance. 4 The maximum fee for a license is twenty-five dollars, 5 which shall be paid before the license is issued. A 6 fee shall not be imposed under this section if the 7 vehicle or its operator has paid the fee imposed upon 8 milk haulers under section 192.111. Fees collected 9 under this section shall be depositedand used as10required in section 192.111in the milk fund 11 established in section 192.112. This section does not 12 apply to individuals transporting their own dairy 13 products. 14 Sec. ___. Section 194.20, Code 1995, is amended to 15 read as follows: 16 194.20 INSPECTION FEES -- GRADE "B" MILK. 17 A purchaser of milk from a grade "B" milk producer 18 shall pay an inspection fee not greater than one-half 19 cent per hundredweight. The fee is payable monthly to 20 the department at a time prescribed by the department. 21 Fees collected under this section shall be deposited 22and used as required in section 192.111in the milk 23 fund established in section 192.112. 24 Sec. ___. Section 195.9, Code 1995, is amended to 25 read as follows: 26 195.9 LICENSE TERM -- FEES. 27 A license, unless sooner revoked, is valid until 28 July 1 after the date of its issuance. The maximum 29 fee for a license is twenty-five dollars which shall 30 be paid before the license is issued. Fees collected 31 under this section shall be depositedand used as32required in section 192.111in the milk fund 33 established in section 192.112. 34 Sec. ___. Section 198.9, subsection 3, Code 1995, 35 is amended to read as follows: 36 3. Fees collected shall be deposited in the 37general fund of the state and shall be subject to the38requirements of section 8.60commercial feed trust 39 fund established in section 198.9A.Moneysdeposited40under this section shall be used for the payment of41the costs of inspection, sampling, analysis,42supportive research, and other expenses necessary for43the administration of this chapter.44If there is an unencumbered balance of funds from45the fees deposited under this section on June 30 of46any fiscal year equal to or exceeding one hundred47thousand dollars, the secretary of agriculture shall48reduce the per ton fee provided for in subsection 149for the next fiscal year in such amount as will result50in an ending estimated balance of the fees depositedPage 5 1less costs paid for from those fees for June 30 of the2next fiscal year of one hundred thousand dollars.3The secretary shall publish a report not later than4September 1 of each year. The report shall provide a5detailed accounting of all sources of revenue6deposited under and all dispositions of funds expended7under this section. The report shall detail full-time8equivalent positions used in fulfilling the9requirements of this chapter. The report shall also10indicate to what extent any full-time equivalent11positions are shared with other programs. Copies of12the report issued by the secretary pursuant to this13subsection shall be delivered each year to the members14of the house of representatives and senate standing15committees on agriculture.16 Sec. ___. NEW SECTION. 198.9A COMMERCIAL FEED 17 TRUST FUND. 18 1. A commercial feed trust fund is established in 19 the state treasury under the control of the 20 department. The fund shall consist of any moneys 21 appropriated to the fund by the general assembly and 22 any other moneys available to and obtained or accepted 23 by the department from the federal government or 24 private sources for placement in the fund. Fees 25 collected under section 198.9 shall be deposited in 26 the fund. Moneys deposited in the fund shall be used 27 for the payment of the costs of inspection, sampling, 28 analysis, supportive research, and other expenses 29 necessary for the administration of this chapter. 30 2. If there is an unencumbered balance of moneys 31 in the fund on June 30 of any fiscal year equal to or 32 exceeding one hundred thousand dollars, the secretary 33 of agriculture shall reduce the per ton fee provided 34 for in section 198.9, subsection 1, for the next 35 fiscal year in such amount as will result in an ending 36 estimated balance of the fees deposited less costs 37 paid for from those fees for June 30 of the next 38 fiscal year of one hundred thousand dollars. 39 3. The secretary shall publish a report not later 40 than September 1 of each year. The report shall 41 provide a detailed accounting of all sources of 42 revenue deposited under and all dispositions of moneys 43 deposited in the fund. The report shall detail full- 44 time equivalent positions used in fulfilling the 45 requirements of this chapter. The report shall also 46 indicate to what extent any full-time equivalent 47 positions are shared with other programs. Copies of 48 the report issued by the secretary pursuant to this 49 subsection shall be delivered each year to the members 50 of the standing committees on agriculture of the house Page 6 1 of representatives and the senate. 2 Sec. ___. Section 200.4, subsection 1, Code 1995, 3 is amended to read as follows: 4 1. Any person who manufactures, mixes, blends, 5 mixes to customers order, offers for sale, sells, or 6 distributes any fertilizer or soil conditioner in Iowa 7 must first obtain a license from the secretary of 8 agriculture and shall pay a ten-dollar license fee for 9 each place of manufacture or distribution from which 10 fertilizer or soil conditioner products are sold or 11 distributed in Iowa.SuchThe license fee shall be 12 paid annually on July 1 of each year. The license fee 13 shall be deposited in the fertilizer fund established 14 in section 200.9. 15 Sec. ___. Section 200.8, subsection 3, Code 1995, 16 is amended by striking the subsection. 17 Sec. ___. Section 200.9, Code 1995, is amended to 18 read as follows: 19 200.9 FERTILIZERFEESFUND. 20 1. A fertilizer fund is established in the state 21 treasury under the control of the department of 22 agriculture and land stewardship. The fund shall 23 consist of any moneys appropriated by the general 24 assembly and any other moneys available to and 25 obtained or accepted by the department from the 26 federal government or private sources for placement in 27 the fund. Fees collected for licenses and inspection 28 fees under sections 200.4 and 200.8, with the 29 exception of those fees collected for deposit in the 30 agriculture management account of the groundwater 31 protection fund, shall be deposited in thegeneral32 fundof the state and shall be subject to the33requirements of section 8.60. Fees collected pursuant 34 to chapter 201 shall also be deposited in the fund. 35 Moneys depositedunder this section tointo the 36generalfund from fees collected pursuant to this 37 chapter shall be used only by the department for the 38 purpose of inspection, sampling, analysis, 39 preparation, and publishing of reports and other 40 expenses necessary for administration of this chapter 41 and chapter 201. The secretary may assign moneys to 42 the Iowa agricultural experiment station for research, 43 work projects, and investigations as needed for the 44 specific purpose of improving the regulatory functions 45 for enforcement of this chapter. 46 2. If there is an unencumbered balance of moneys 47 deposited in the fund from fees collected pursuant to 48 this chapter on June 30 of any fiscal year equal to or 49 exceeding three hundred fifty thousand dollars, the 50 secretary of agriculture shall reduce the per ton fee Page 7 1 provided for in subsection 1 and the annual license 2 fee established pursuant to section 201.3 for the next 3 fiscal year in such amount as will result in an ending 4 estimated balance of such funds for June 30 of the 5 next fiscal year of three hundred fifty thousand 6 dollars. 7 3. All moneys in the fund are subject to audit by 8 the auditor of state. The fund is subject at all 9 times to warrants by the director of revenue and 10 finance, drawn upon written requisition of the 11 secretary. Notwithstanding section 8.33, moneys in 12 the fertilizer fund shall remain in the fertilizer 13 fund and shall not revert to the general fund of the 14 state. Notwithstanding section 12C.7, subsection 2, 15 interest or earnings on moneys deposited in the 16 fertilizer fund shall be credited to the fertilizer 17 fund. 18 Sec. ___. Section 201.13, Code 1995, is amended to 19 read as follows: 20 201.13 MONEYS TOGENERALTHE FERTILIZER FUND -- 21 PERIODIC REPORT. 22 The moneys received under this chapter shall be 23 deposited in thegeneral fund of the state and shall24be subject to the requirements of section 8.60.25Moneys deposited under this section shall be used by26the department of agriculture and land stewardship27only for the purpose of inspection, sampling,28analyzing, preparing and publishing of reports, and29other expenses necessary for the administration of30this chapterfertilizer fund as provided in section 31 200.9. The secretary shall issue an annual report 32 showing a statement of moneys received from license 33 and testing fees, and a biennial report which shall be 34 made available to the public showing the 35 certifications of the effective calcium carbonate 36 equivalent for all agricultural lime, limestone, or 37 aglime certified as provided in this chapter. The 38 report shall list the manufacturers and producers and 39 their locations. Copies of all reports issued by the 40 secretary pursuant to this section shall be sent to 41 the members of the house of representatives and senate 42 standing committees on agriculture. 43 Sec. ___. Section 206.12, subsection 3, Code 1995, 44 is amended to read as follows: 45 3. The registrant, before selling or offering for 46 sale any pesticide for use in this state, shall 47 register each brand and grade of such pesticide with 48 the secretary upon forms furnished by the secretary, 49 and the secretary shall set the registration fee 50 annually at one-fifth of one percent of gross sales Page 8 1 within this state with a minimum fee of two hundred 2 fifty dollars and a maximum fee of three thousand 3 dollars for each and every brand and grade to be 4 offered for sale in this state except as otherwise 5 provided. The annual registration fee for products 6 with gross annual sales in this state of less than one 7 million five hundred thousand dollars shall be the 8 greater of two hundred fifty dollars or one-fifth of 9 one percent of the gross annual sales as established 10 by affidavit of the registrant. The secretary shall 11 adopt by rule exemptions to the minimum fee. Fifty 12 dollars of each fee collected shall be deposited in 13 thegeneral fund of the state, shall be subject to the14requirements of section 8.60, and shall be used only15for the purpose of enforcing the provisions of this16chapterpesticide fund established in section 206.12A, 17 and the remainder of each fee collected shall be 18 placed in the agriculture management account of the 19 groundwater protection fund. 20 Sec. ___. NEW SECTION. 206.12A PESTICIDE FUND. 21 1. A pesticide fund is established in the state 22 treasury under the control of the department. The 23 fund shall consist of any moneys appropriated to the 24 fund by the general assembly and any other moneys 25 available to and obtained or accepted by the 26 department from the federal government or private 27 sources for placement in the fund. Fees collected 28 under section 206.12 shall be deposited in the fund. 29 The moneys in the fund shall be used only for the 30 purpose of enforcing the provisions of this chapter. 31 2. All moneys in the pesticide fund are subject to 32 audit by the auditor of state. The fund is subject at 33 all times to warrants by the director of revenue and 34 finance, drawn upon written requisition of the 35 secretary. Notwithstanding section 8.33, moneys in 36 the pesticide fund shall remain in the fund and shall 37 not revert to the general fund of the state. 38 Notwithstanding section 12C.7, subsection 2, interest 39 or earnings on moneys deposited in the pesticide fund 40 shall be credited to the pesticide fund. 41 Sec. ___. Section 452A.79, unnumbered paragraph 2, 42 and subsections 1, 2, 3, 4, and 5, Code 1995, are 43 amended to read as follows: 44 All moneys derived from the excise tax on the sale 45 of motor fuel used in watercraft shall be deposited in 46 thegeneralmarine fuel tax fundof the state47 established in section 452A.83.Moneys deposited to48the general fund under this section and section49452A.84 are subject to the requirements of section508.60 and are subject to appropriation by the generalPage 9 1assembly to the department of natural resources for2use in its recreational boating program, which may3include but is not limited to:41. Dredging and renovation of natural lakes of5this state.62. Acquisition, development and maintenance of7access to public boating waters.83. Development and maintenance of boating9facilities and navigation aids.104. Administration, operation, and maintenance of11recreational boating activities of the department of12natural resources.135. Acquisition, development and maintenance of14recreation facilities associated with recreational15boating.16 Sec. ___. NEW SECTION. 452A.83 MARINE FUEL TAX 17 FUND. 18 1. A marine fuel tax fund is established in the 19 state treasury under the control of the department. 20 The fund shall consist of any moneys appropriated to 21 the fund by the general assembly and any other moneys 22 available to and obtained or accepted by the 23 department from the federal government or private 24 sources for placement in the fund. Moneys collected 25 pursuant to section 452A.79 shall be deposited in the 26 fund. Moneys collected pursuant to this chapter from 27 the motor fuel tax fund shall be transferred to the 28 fund as provided in section 452A.84. 29 2. Moneys deposited or transferred into the fund 30 are subject to appropriation by the general assembly 31 to the department of natural resources for its 32 recreational boating program which may include, but is 33 not limited to: 34 a. Dredging and renovation of natural lakes of 35 this state. 36 b. Acquisition, development, and maintenance of 37 access to public boating waters. 38 c. Development and maintenance of boating 39 facilities and navigation aids. 40 d. Administration, operation, and maintenance of 41 recreational boating activities of the department of 42 natural resources. 43 e. Acquisition, development, and maintenance of 44 recreation facilities associated with recreational 45 boating. 46 3. All moneys in the marine fuel tax fund are 47 subject to audit by the auditor of state. The fund is 48 subject at all times to warrants by the director of 49 revenue and finance, drawn upon written requisition of 50 the department. Notwithstanding section 8.33, moneys Page 10 1 in the marine fuel tax fund shall remain in the fund 2 and shall not revert to the general fund of the state. 3 Notwithstanding section 12C.7, subsection 2, interest 4 or earnings on moneys deposited in the marine fuel tax 5 fund shall be credited to the marine fuel tax fund. 6 Sec. ___. Section 452A.84, Code 1995, is amended 7 to read as follows: 8 452A.84 TRANSFER TOSTATE GENERALMARINE FUEL TAX 9 FUND. 10 The treasurer of state shall transfer from the 11 motor fuel tax fund to thegeneralmarine fuel tax 12 fundof the stateestablished pursuant to section 13 452A.83, that portion of moneys collected under this 14 chapter attributable to motor fuel used in watercraft 15 computed as follows: 16 1. Determine monthly the total amount of motor 17 fuel tax collected under this chapter and multiply the 18 amount by nine-tenths of one percent. 19 2. Subtract from the figure computed pursuant to 20 subsection 1 of this section three percent of the 21 figure for administrative costs and further subtract 22 from the figure the amounts refunded to commercial 23 fishers pursuant to section 452A.17, subsection 13. 24 All moneys remaining after claims for refund and the 25 cost of administration have been made shall be 26 transferred to thegeneralmarine fuel tax fundof the27state." 28 3. Page 20, by inserting after line 20 the 29 following: 30 " . Sections 8.60, 192.111, 192.133, 192A.30, 31 194.14, 194.19, 194.20, 195.9, 198.9, 198.9A, 200.4, 32 200.8, 200.9, 201.13, 206.12, 206.12A, 452A.79, 33 452A.83, and 452A.84, Code 1995, as amended or enacted 34 by this Act take effect July 1, 1996." 35 4. By renumbering as necessary. Hahn of Muscatine rose on a point of order that amendment H-3890 was not germane. The Speaker ruled the point well taken and amendment H-3890 not germane. Vande Hoef of Osceola asked and received unanimous consent to withdraw amendment H-3759, previously deferred, filed by him on April 5, 1995. Murphy of Dubuque asked and received unanimous consent to defer action on amendments H-3879 and H-3882, previously deferred. Koenigs of Mitchell called up for consideration amendment H-3874, previously deferred, filed by him as follows: H-3874 1 Amend House File 553 as follows: 2 1. Page 9, by striking lines 25 through 35 and 3 inserting the following: 4 " . To the department of natural resources for 5 purposes of conducting a study of ten animal feeding 6 operations and their structures, including confinement 7 feeding operations and confinement feeding operation 8 structures, and manure management and disposal systems 9 used by such operations: 10 $ 200,000 11 . To the department of natural resources for 12 deposit into the Iowa resources enhancement and 13 protection fund created pursuant to section 455A.18, 14 of which all money shall be reallocated as provided in 15 section 455A.19: 16 $ 300,000" Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-3898, to amendment H-3874, filed by him from the floor. Koenigs of Mitchell offered the following amendment H-3919, to amendment H-3874 filed by him from the floor and moved its adoption: H-3919 1 Amend the amendment, H-3874, to House File 553, as 2 follows: 3 1. Page 1, by striking lines 2 and 3 and 4 inserting the following: 5 " . Page 9, line 30, by inserting after the 6 figure "2." the following: "a."." 7 2. Page 1, by striking line 4 and inserting the 8 following: 9 " . Page 9, by inserting after line 35 the 10 following: 11 " . Of the amount allocated in paragraph "a" of 12 this subsection, the division of soil conservation 13 shall transfer $200,000 to the department of natural 14 resources. The department of natural resources shall 15 use the moneys for". 16 3. Page 1, by striking lines 9 through 16 and 17 inserting the following: "used by such operations."" Amendment H-3919 was adopted. Koenigs of Mitchell moved the adoption of amendment H-3874, as amended. A non-record roll call was requested. The ayes were 34, nays 51. Amendment H-3874 lost. Murphy of Dubuque asked and received unanimous consent to withdraw the following amendments, previously deferred, filed by him on April 11, 1995: H-3879 and H-3882. RULES SUSPENDED Hahn of Muscatine asked for unanimous consent to suspend the rules for the immediate consideration of amendment H-3916. Objection was raised. Hahn of Muscatine moved to suspend the rules for the immediate consideration of amendment H-3916. A non-record roll call was requested. The ayes were 52, nays 19. The motion to suspend the rules prevailed. Hahn of Muscatine offered amendment H-3916 filed by him from the floor as follows: H-3916 1 Amend House File 553 as follows: 2 1. Page 6, line 33, by inserting before the word 3 "For" the following: "a." 4 2. Page 7, by inserting after line 1 the 5 following: 6 "b. For allocation to the public water supply 7 system account established pursuant to section 8 455B.183A for purposes of supporting the program to 9 assist supply systems, as provided in section 10 455B.183B: 11 $ 625,000" 12 3. Page 18, by inserting after line 25 the following: 13 "Sec. ___. Section 455B.183A, Code 1995, is amended 14 to read as follows: 15 455B.183A WATER QUALITY PROTECTION 16 FUND. 17 1. A water quality protection fund 18 is created in the state 19 treasury under the control of the 20 department. The fund 21 consists of moneys appropriated to the 22 fund by the general 23 assembly,moneys deposited into the fund24from fees described25in subsection 2,and other moneys 26 available to and obtained or 27 accepted by the department from the 28 United States government 29 or private sources for placement in the 30 fund. The fund is 31 divided into two accounts, including the 32 administration 33 account and the public water supply 34 system account. Moneys in 35 the administration account shall be used 36 for purposes of 37 carrying out the provisions of this 38 division, which relate to 39 the administration, regulation, and 40 enforcement of the federal 41 Safe Drinking Water Act. Moneys in the 42 public water supply 43 system account shall be used to support 44 the program to assist 45 supply systems, as provided in section 46 455B.183B. 472. The commission shall adopt fees48as required pursuant to49section 455B.105 for permits required50for public water supplyPage 2 1systems as provided in sections 455B.1742and 455B.183. Fees3paid pursuant to this section shall not4be subject to the5sales or services tax. The fees shall6be for each of the7following:8a. The construction, installation,9or modification of a10public water supply system. The amount11of the fees may be12based on the type of system being13constructed, installed, or14modified.15b. The operation of a public water16supply system,17including any part of the system. The18fees may be based on19the type and size of community served by20the system. The21commission shall adopt a fee schedule.22The commission shall23calculate all fees in the schedule to24produce total revenues25equaling four hundred seventy-five26thousand dollars for the27fiscal year beginning July 1, 1994, and28ending June 30, 1995,29seven hundred thousand dollars for the30fiscal year beginning31July 1, 1995, and ending June 30, 1996,32nine hundred thousand33dollars for the fiscal year beginning34July 1, 1996, and ending35June 30, 1997, and one million two36hundred thousand dollars37for each subsequent fiscal year. For38the fiscal year39beginning July 1, 1994, and ending June4030, 1995, twenty-five41thousand dollars shall be deposited in42the administration43account and four hundred fifty thousand44dollars shall be45deposited in the public water supply46system account. For each47subsequent fiscal year, one-half of the48fees shall be49deposited into the administration50account and one-half of thePage 3 1fees shall be deposited into the public2water supply system3account. By May 1 of each year, the4department shall estimate5the total revenue expected to be6collected from the7overpayment of fees, which are all fees8in excess of the9amount of the total revenues which are10expected to be11collected under the current fee12schedule, and the total13revenue expected to be collected from14the payment of fees15during the next fiscal year. The16commission shall adjust the17fees if the estimate exceeds the amount18of revenue required to19be deposited in the fund pursuant to20this paragraph.213.2. Moneys in the fund are subject to 22 an annual audit by 23 the auditor of state. The fund is 24 subject to warrants by the 25 director of revenue and finance, drawn 26 upon the written 27 requisition of the department. 284.3. Section 8.33 does not apply to 29 moneys in the fund. 30 Moneys earned as income, including 31 interest from the fund, 32 shall remain in the fund until expended. 335.4. On or before November 15 of each 34 fiscal year, the 35 department shall transmit to the 36 department of management and 37 the legislative fiscal bureau 38 information regarding the fund 39 and accounts, including all of the 40 following: 41 a. The balance of unobligated and 42 unencumbered moneys in 43 each account as of November 1. 44 b. A summary of revenue deposited in 45 and expenditures from 46 each account during the current fiscal 47 year. 48 c. Estimates of revenues expected to 49 be deposited into the 50 public water supply system account Page 4 1 during the current fiscal 2 year, and an estimate of the expected 3 balance of unobligated 4 and unencumbered moneys in the account 5 on June 30 of the 6 current fiscal year." 7 4. By renumbering as necessary. Schrader of Marion rose on a point of order that amendment H-3916 was not germane. The Speaker ruled the point well taken and amendment H-3916 not germane. Hahn of Muscatine asked for unanimous consent to suspend the rules to consider amendment H-3916. Objection was raised. Hahn of Muscatine moved to suspend the rules to consider amendment H-3916. A non-record roll call was requested. The ayes were 53, nays 13. The motion to suspend the rules prevailed. On motion by Hahn of Muscatine, amendment H-3916 was adopted. Hahn of Muscatine moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 553) The ayes were, 61: Arnold Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Coon 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 The nays were, 35: Baker Bell Bernau Brand Branstad Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 4: Brammer Churchill Grundberg O'Brien 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 553 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 12, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 512, a bill for an act appropriating funds to the department of economic development, the Iowa finance authority, the Wallace technology transfer foundation, division of insurance of the department of commerce, the Iowa seed capital corporation, the international development foundation, the public employment relations board, and the department of employment services, making related statutory changes, and providing an immediate effective date. Also: That the Senate has on April 12, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 141, a bill for an act relating to notice for vacating and closing roads. Also: That the Senate has on April 12, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 214, a bill for an act to provide greater protection for consumers who purchase or lease motor vehicles and providing effective dates. Also: That the Senate has on April 12, 1995, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 462, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates. JOHN F. DWYER, Secretary EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 12, 1995. Had I been present, I would have voted "aye" on Senate Files 9, 215 and 298. BRADLEY of Clinton I was necessarily absent from the House chamber on April 11, 1995. Had I been present, I would have voted "aye" on Senate File 458. BRAUNS of Muscatine I was necessarily absent from the House chamber on April 11, 1995. Had I been present, I would have voted "aye" on Senate Files 174 and 271. LARSON of Linn I was necessarily absent from the House chamber on April 12, 1995. Had I been present, I would have voted "nay" on Senate File 459 and House File 553. O'BRIEN of Boone PROOF OF PUBLICATION (House File 562) Published copy of House File 562 and verified proof of publication of said bill in the Oskaloosa Herald, a daily newspaper printed and published in Mahaska County, Iowa on April 6, 1995, was filed with the Chief Clerk of the House prior to the time said bill was placed on passage in the House. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty high school students from Waco High School, Wayland, accompanied by Greg Thomas. By Heaton of Henry. Forty-one high school students from Youth Association for Disabled Citizens-West Delaware High School, Manchester, accompanied by Mrs. Marilyn Bunting. By Kremer of Buchanan. Eighteen Seniors from Highland High School, Riverside, accompanied by Lisa Brenneman. By Greiner of Washington. Forty-nine fifth grade students from Hanawalt, Des Moines, accompanied by Karen Bush, Karla Willoughby and Barb McIntosh. By Grundberg of Polk. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1995\185 Kathy Glawe, Waterloo - For receiving a Division I at the State Speech Contest. 1995\186 Alan Yu, Waterloo - For receiving a Division I at the State Speech Contest. 1995\187 Shelly Sarin, Waterloo - For receiving a Division I at the State Speech Contest. 1995\188 Jessica Reynolds, Waterloo - For receiving a Division I at the State Speech Contest. 1995\189 Andria Patti, Waterloo - For receiving a Division I at the State Speech Contest. 1995\190 Megan McCrindle, Waterloo - For receiving a Division I at the State Speech Contest. 1995\191 Amanda Knief, Waterloo - For receiving a Division I at the State Speech Contest. 1995\192 Amir Islami, Waterloo - For receiving a Division I at the State Speech Contest. 1995\193 Dianne Tullis, Waterloo - For receiving a Division I at the State Speech Contest. 1995\194 Anthony So, Waterloo - For receiving a Division I at the State Speech Contest. 1995\195 Monisha Shah, Waterloo - For receiving a Division I at the State Speech Contest. 1995\196 Marsha Sanborn, Waterloo - For receiving a Division I at the State Speech Contest. 1995\197 Ryan Creery, Waterloo - For receiving a Division I at the State Speech Contest. 1995\198 Libby Kappmeyer, Waterloo - For receiving a Division I at the State Speech Contest. 1995\199 Barbara Bloom, Wall Lake - For being the 1995 Iowa Reading Teacher of the Year. 1995\200 Chad Crouse, Ft. Dodge - For being the outstanding psychology graduate student at Middle Tennessee State University with a 4.0 average. 1995\201 Roger Friedrichsen, Ute - For recognition for his retirement from Charter Oak-Ute Community Schools and appreciation for 35 years as teacher, coach, prinicpal, and administrator. 1995\202 Curtis Stender, Denison - For his retirement from Ar-We-Va Community Schools after 32 years. 1995\203 Joan Smalley, Cedar Falls - For teaching four winning students at the Iowa Music Teacher Association Piano Auditions. 1995\204 Melissa Witcombe, Hudson - For winning Level E at the Iowa Music Teacher Association Piano Auditions. 1995\205 Nicholas Lake, Cedar Falls - For winning Level A1 at the Iowa Music Teacher Association Piano Auditions. 1995\206 Warren and Aredith Davison, Council Bluffs - For celebrating their 60th anniversary. 1995\207 Charlie and Marsella Samson, Newton - For celebrating their 60th anniversary. 1995\208 Mary S. Fox, Council Bluffs - For celebrating her 90th birthday. 1995\209 Brent Perry, New Providence - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. SUBCOMMITTEE ASSIGNMENT House File 472 Reassigned Appropriations: Metcalf, Chair; Gipp and Murphy. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 427, a bill for an act relating to authorizing the payment of salaries to senior judges, providing for a maximum retirement annuity amount paid to senior judges, affecting senior judge retirement benefits, the appointment of judges to senior judge status, and providing effective and applicability dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-3903 April 11, 1995. Committee Bill (Formerly House File 539), establishing a school-to-work planning and implementation program focusing on career pathways for students and making an appropriation. Fiscal Note is not required. Recommended Amend and Do Pass April 11, 1995. AMENDMENTS FILED H-3897 S.F. 266 Lord of Dallas Brunkhorst of Bremer Teig of Hamilton Lamberti of Polk Ertl of Dubuque Salton of Palo Alto Weidman of Cass Klemme of Plymouth Houser of Pottawattamie Kremer of Buchanan Cormack of Webster Van Fossen of Scott Sukup of Franklin Disney of Polk Hurley of Fayette Tyrrell of Iowa Hahn of Muscatine Branstad of Winnebago Veenstra of Sioux Eddie of Buena Vista Meyer of Sac Vande Hoef of Osceola Nutt of Woodbury Carroll of Poweshiek Main of Jefferson H-3899 H.F. 490 Senate amendment H-3900 S.F. 60 Metcalf of Polk H-3901 S.F. 266 Baker of Polk H-3902 H.F. 346 Senate amendment H-3903 S.F. 427 Committee on Appropriations H-3905 S.F. 431 McCoy of Polk H-3907 H.F. 164 Halvorson of Clayton H-3908 S.F. 189 Moreland of Wapello H-3910 S.F. 462 Senate amendment H-3912 S.F. 400 Ertl of Dubuque H-3913 S.F. 266 Brauns of Muscatine Mascher of Johnson Myers of Johnson Nelson of Pottawattamie Hurley of Fayette Jochum of Dubuque Doderer of Johnson H-3914 H.F. 482 Brunkhorst of Bremer Cormack of Webster Wise of Lee Myers of Johnson H-3915 S.F. 226 Disney of Polk H-3918 S.F. 208 Murphy of Dubuque H-3920 S.F. 85 Salton of Palo Alto H-3921 H.F. 387 Grubbs of Scott H-3922 S.F. 422 Rants of Woodbury H-3923 S.F. 422 Rants of Woodbury H-3924 S.F. 422 Rants of Woodbury H-3925 H.F. 387 Greig of Emmet H-3926 S.F. 266 Mertz of Kossuth Wise of Lee Weigel of Chickasaw Drees of Carroll Kreiman of Davis Burnett of Story Schrader of Marion Larkin of Lee May of Worth Koenigs of Mitchell Mascher of Johnson H-3927 S.F. 79 Brand of Benton On motion by Siegrist of Pottawattamie, the House adjourned at 8:50 p.m. until 9:15 a.m., Thursday, April 13, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
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