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House Journal: Friday, April 28, 1995

One Hundred-tenth Calendar Day - Seventy-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Friday, April 28, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Boyd Kuester, Church of Christ,
Cedar Falls.
The Journal of Thursday, April 27, 1995 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Hurley of Fayette on request of Siegrist of Pottawattamie;
Cohoon of Des Moines, until he arrives, on request of Wise of
Lee.
PETITION FILED
The following petition was received and placed on file:
By Koenigs of Mitchell, from one hundred forty constituents of
District 29, favoring Senate File 69, relating to county
expenditures of proerty taxes for mental health and disability
costs.
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 27, 1995, refused to concur in the House
amendment to the Senate amendment to the following bill in which
the concurrence of the Senate was asked:
House File 528, a bill for an act relating to criminal and
juvenile justice, including authorizing the suspension of the
juvenile's motor vehicle license, authorizing a criminal justice
agency to retain a copy of a juvenile's fingerprint card,
providing that certain identifying information regarding
juveniles involved in delinquent acts is a public record,
exempting certain offenses from the jurisdiction of the juvenile
court, placing a juvenile in detention as a dispositional
alternative, waiving a juvenile to adult court, the release or
detention of certain criminal defendants pending sentencing or
appeal following conviction, limiting the circumstances under
which a juvenile may consume alcoholic beverages, providing for
notice to parents when a juvenile is taken into custody for
alcohol offenses, adding custody and adjudication information
regarding juveniles to state criminal history files,
establishing a juvenile justice task force, authorizing the
transmission of communicable disease information by radio in
certain circumstances, and enhancing or establishing penalties.
Also: That the Senate has on April 27, 1995, adopted the
conference committee report and passed Senate File 150, a bill
for an act relating to child abuse involving termination of
parental rights in certain abuse or neglect cases and access by
other states to child abuse information.
Also: That the Senate has on April 27, 1995, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 179, a bill for an act relating to the maximum
property tax levy for certain county hospitals.
Also: that the Senate has on April 27, 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 481, a bill for an act relating to and making
appropriations to the state department of transportation
including allocation and use of moneys from the general fund,
road use tax fund, and primary road fund, and making
appropriations to various state agencies for capital projects,
to the primary road fund, to county fairs and to the Iowa state
fair from the rebuild Iowa infrastructure account and the
general fund, relating to the living roadway trust fund and the
state roadside specialist, the primary road and state highway
system, and other transportation-related statutory changes,
requiring transportation-related studies, making technical
changes, and providing an effective date.
JOHN F. DWYER, Secretary
HOUSE INSISTS
Lamberti of Polk called up for consideration House File 528, a
bill for an act relating to criminal and juvenile justice,
including authorizing the suspension of the juvenile's motor
vehicle license, authorizing a criminal justice agency to retain
a copy of a juvenile's fingerprint card, providing that certain
identifying information regarding juveniles involved in
delinquent acts is a public record, exempting certain offenses
from the jurisdiction of the juvenile court, placing a juvenile
in detention as a dispositional alternative, waiving a juvenile
to adult court, the release or detention of certain criminal
defendants pending sentencing or appeal following conviction,
limiting the circumstances under which a juvenile may consume
alcoholic beverages, providing for notice to parents when a
juvenile is taken into custody for alcohol offenses, adding
custody and adjudication information regarding juveniles to
state criminal history files, establishing a juvenile justice
task force, authorizing the transmission of communicable disease
information by radio in certain circumstances, and enhancing or
establishing penalties.
The House stood at ease at 9:06 a.m., until the fall of the
gavel.
The House resumed session at 10:48 a.m. Speaker Corbett in the
chair.
Lamberti of Polk moved that the House insist on its amendment,
which motion prevailed.
CONFERENCE COMMITTEE APPOINTED
(House File 528)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning House File 528: Lamberti of Polk, Chair;
Grubbs of Scott, Gries of Crawford, Kreiman of Davis and Doderer
of Johnson.
INTRODUCTION OF BILLS
House File 580, by Dinkla, a bill for an act relating to
grain transactions, by providing for credit sale contracts.
Read first time and referred to committee on agriculture.
House File 581, by Dinkla, Metcalf, Renken, Churchill,
Welter, Houser, Larson, and Ertl, a bill for an act relating to
certain franchise agreements by amending provisions relating to
transfer, termination, and nonrenewal of franchise agreements,
and to a civil cause of action for appropriate relief, and
repealing certain franchise provisions.
Read first time and referred to committee on commerce-regulation.
House File 582, by Dinkla, a bill for an act providing a
private property protection Act, by awarding compensation to
owners of real property subject to regulatory actions which
affect the value of the property.
Read first time and referred to committee on state government.

HOUSE REFUSED TO CONCUR
Brauns of Muscatine called up for consideration Senate File 481,
a bill for an act relating to and making appropriations to the
state department of transportation including allocation and use
of moneys from the general fund, road use tax fund, and primary
road fund, and making appropriations to various state agencies
for capital projects, to the primary road fund, to county fairs
and to the Iowa state fair from the rebuild Iowa infrastructure
account and the general fund, relating to the living roadway
trust fund and the state roadside specialist, the primary road
and state highway system, and other transportation-related
statutory changes, requiring transportation-related studies,
making technical changes, and providing an effective date,
amended by the House, further amended by the Senate and moved
that the House concur in the following Senate amendment H-4143
to the House amendment:
H-4143

 1     Amend the amendment, S-3597, to Senate File 481, as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  By striking page 4, line 36 through page 6,
 5   line 34 and inserting the following:
 6     "Sec. ___.  DEPARTMENT OF PUBLIC SAFETY.  There is
 7   appropriated from the general fund of the state to the
 8   department of public safety for the fiscal year
 9   beginning July 1, 1995, and ending June 30, 1996, the
10   following amounts, or so much thereof as is necessary,
11   to be used for the purposes designated:
12     1.  For the division of highway safety, uniformed
13   force, and radio communications to be used for
14   salaries, support, maintenance, workers' compensation
15   costs, and miscellaneous purposes, including the
16   state's contribution to the peace officers'
17   retirement, accident, and disability system provided
18   in chapter 97A in the amount of 18 percent of the
19   salaries for which the funds are appropriated, and for
20   not more than the following full-time equivalent
21   positions:
22  		 $		32,960,467
23   	FTEs		 553.50
24     An employee of the department of public safety who
25   retires after the effective date of this Act but prior
26   to June 30, 1996, is eligible for payment of life or
27   health insurance premiums as provided for in the
28   collective bargaining agreement covering the public
29   safety bargaining unit at the time of retirement if
30   that employee previously served in a position which
31   would have been covered by the agreement.  The
32   employee shall be given credit for the service in that
33   prior position as though it were covered by that
34   agreement.  The provisions of this paragraph shall not
35   operate to reduce any retirement benefits an employee
36   may have earned under other collective bargaining
37   agreements or retirement programs.
38     2.  For costs associated with the maintenance of
39   the automated fingerprint information system (AFIS):
40   			$	211,576
41     3.  For salaries, support, maintenance, and
42   miscellaneous purposes of the pari-mutuel law
43   enforcement agents, including the state's contribution
44   to the peace officers' retirement, accident, and
45   disability system provided in chapter 97A in the
46   amount of 18 percent of the salaries for which the
47   funds are appropriated:
48   			$	 308,602"
49     2.  By striking page 6, line 38, through page 9,
50   line 33 and inserting the following:
Page 2  

 1     "Sec. ___.  There is appropriated from the rebuild
 2   Iowa infrastructure account of the state to the state
 3   board of regents for the fiscal year beginning July 1,
 4   1995, and ending June 30, 1996, the following amounts,
 5   or so much thereof as is necessary, to be used for the
 6   purposes designated:
 7     1.  For fire and environmental safety and for
 8   replacement of the boiler and the telephone system at
 9   the Iowa braille and sight saving school:
10   			$	341,000
11     Of the appropriation in this subsection, $45,000
12   shall be used for replacement of the telephone system.
13   It is the intent of the general assembly that an
14   additional $35,000 shall be appropriated in fiscal
15   year 1997 for funding additional costs for replacement
16   of the telephone system at the Iowa braille and sight
17   saving school.
18     2.  For compliance with the federal Americans with
19   Disabilities Act or for fire and environmental safety
20   at the state school for the deaf:
21   			$	50,000
22     3.  For fire and environmental safety, renovation,
23   or for deferred maintenance at Iowa state university
24   of science and technology:
25   			$	3,000,000
26     4.  For fire and environmental safety, renovation,
27   or for deferred maintenance at the state university of
28   Iowa:
29   			$	3,000,000
30     5.  For the performing arts center at the
31   university of northern Iowa:
32   			$	4,000,000
33     Notwithstanding section 8.33, unencumbered or
34   unobligated funds remaining on June 30, 1996, from the
35   funds appropriated in subsections 1 through 4, shall
36   revert to the rebuild Iowa infrastructure account of
37   the state on August 31, 1996, and unencumbered or
38   unobligated funds remaining on June 30, 1999, from the
39   funds appropriated in subsection 5, shall revert to
40   the rebuild Iowa infrastructure account of the state
41   on August 31, 1999.
42     The state board of regents shall report to the
43   legislative fiscal bureau and to the education and
44   transportation, infrastructure and capitals joint
45   appropriations subcommittees by January 15, 1996,
46   regarding actual and proposed project expenditures of
47   moneys appropriated under subsections 3 and 4.
48	DEPARTMENT OF CORRECTIONS
49     Sec. ___.  There is appropriated from the rebuild
50   Iowa infrastructure account of the state to the
Page 3

 1   department of corrections for the fiscal year
 2   beginning July 1, 1995, and ending June 30, 1996, the
 3   following amount, or so much thereof as is necessary,
 4   to be used for the purpose designated:
 5     For the construction of, or the remodeling or
 6   renovation of a building for use as a residential
 7   facility and office in Fort Dodge by the second
 8   judicial district department of correctional services
 9   and for remodeling and expansion of the visitation
10   area at the Mitchellville correctional facility:
11   			$	2,300,000
12     Of the total appropriation in this section, up to
13   $400,000 may be used for remodeling and expansion of
14   the visitation area at Mitchellville.
15     It is the intent of the general assembly that the
16   department of corrections issue a request for
17   proposals for the construction of, or the remodeling
18   or renovation of a building for use as a residential
19   facility and office in Fort Dodge by the second
20   judicial district department of correctional services.
21   If a proposal is accepted by the department, but in no
22   event earlier than January 30, 1996, the department of
23   corrections is authorized to construct a residential
24   facility and office in Fort Dodge or remodel or
25   renovate an existing building for use as a residential
26   facility and office in Fort Dodge, for use by the
27   second judicial district department of correctional
28   services.
29     Notwithstanding section 8.33, unencumbered or
30   unobligated funds remaining on June 30, 1998, from the
31   funds appropriated in this section, shall revert to
32   the rebuild Iowa infrastructure account of the state
33   on August 31, 1998.
34	DEPARTMENT OF CULTURAL AFFAIRS
35     Sec. ___.  There is appropriated from the rebuild
36   Iowa infrastructure account of the state to the
37   department of cultural affairs for the fiscal year
38   beginning July 1, 1995, and ending June 30, 1996, the
39   following amount, or so much thereof as is necessary,
40   to be used for the purpose designated:
41     To correct water seepage problems and complete
42   design specifications for rehabilitation work on the
43   centennial building in Iowa City:
44   			$	180,000
45     Notwithstanding section 8.33, unencumbered or
46   unobligated funds remaining on June 30, 1997, from the
47   funds appropriated in this section, shall revert to
48   the rebuild Iowa infrastructure account of the state
49   on August 31, 1997.
50	DEPARTMENT OF ECONOMIC DEVELOPMENT
Page 4

 1     Sec. ___.  There is appropriated from the rebuild
 2   Iowa infrastructure account of the state to the
 3   department of economic development for the fiscal year
 4   beginning July 1, 1995, and ending June 30, 1996, the
 5   following amounts, or so much thereof as is necessary,
 6   to be used for the purposes designated:
 7     1.  For completion of the construction of the
 8   Northwood welcome center:
 9   			$	300,000
10     2.  For the construction of the western historic
11   trails welcome center:
12   			$	275,000
13     3.  For construction of a welcome center in Bremer
14   county:
15   			$	100,000
16     4.  For construction of a welcome center at
17   Winterset:
18   			$	75,000
19     The appropriations in subsections 3 and 4 shall be
20   conditioned upon the provision of an equal amount of
21   local matching funds.
22     Notwithstanding section 8.33, unencumbered or
23   unobligated funds remaining on June 30, 1997, from the
24   funds appropriated in this section, shall revert to
25   the rebuild Iowa infrastructure account of the state
26   on August 30, 1997.
27	DEPARTMENT OF EDUCATION
28     Sec. ___.  There is appropriated from the rebuild
29   Iowa infrastructure account of the state to the
30   department of education for the fiscal year beginning
31   July 1, 1995, and ending June 30, 1996, $5,000,000, to
32   be used for compliance with the federal Americans with
33   Disabilities Act, for fire and environmental safety,
34   for implementation of energy conservation measures,
35   for reduction of technological obsolescence in
36   instructional equipment and facilities for community
37   colleges and for other stated purposes to be allocated
38   to the merged areas in the following amounts:
39     1.  Merged Area I
40     For the construction of a building to house the
41   national center for agricultural rescue and emergencies:
42   			$	1,000,000
43     The appropriation to Merged Area I in this
44   subsection is contingent upon the receipt of federal
45   funds.  If federal funding is not received, Merged
46   Area I shall be allocated $272,700 and the remainder
47   of the appropriation shall revert to the rebuild Iowa
48   infrastructure account of the state.
49	  2.	Merged Area II		$	234,872
50	  3.	Merged Area III 		$	233,546
Page 5

 1	  4.	Merged Area IV		$	117,336
 2	  5.	Merged Area V 		$	334,845
 3	  6.	Merged Area VI 		$	235,187
 4	  7.	Merged Area VII 		$	306,353
 5	  8.	Merged Area IX 		$	275,581
 6	  9.	Merged Area X .		$	480,290
 7	10.	Merged Area XI		$	467,040
 8	11.	Merged Area XII 		$	287,189
 9	12.	Merged Area XIII 		$	264,044
10	13.	Merged Area XIV		$	150,162
11	14.	Merged Area XV 		$	417,482
12	15.	Merged Area XVI 		$	196,073
13     Notwithstanding section 8.33, unencumbered or
14   unobligated funds remaining on June 30, 1997, from the
15   funds appropriated in this section, shall revert to
16   the rebuild Iowa infrastructure account of the state
17   on August 31, 1997.
18			DEPARTMENT OF GENERAL SERVICES
19     Sec. ___.  There is appropriated from the rebuild
20   Iowa infrastructure account of the state to the
21   department of general services for the fiscal year
22   beginning July 1, 1995, and ending June 30, 1996, the
23   following amounts, or so much thereof as is necessary,
24   to be used for the purposes designated:
25     For exterior state capitol building restoration,
26   and for health and fire safety needs and renovation,
27   restoration, and improvements at the state capitol
28   complex:
29   			$	25,000,000
30     Of the total appropriation in this section, up to
31   $2,400,000 may be used for fire and environmental
32   safety improvements for the department of corrections'
33   and the department of human services' institutions.
34     Notwithstanding section 8.33, unencumbered or
35   unobligated funds remaining on June 30, 2000, from the
36   funds appropriated in this section, shall revert to
37   the rebuild Iowa infrastructure account of the state
38   on August 31, 2000.
39		DEPARTMENT OF HUMAN SERVICES
40     Sec. ___.  There is appropriated from the rebuild
41   Iowa infrastructure account of the state to the
42   department of human services for the fiscal year
43   beginning July 1, 1995, and ending June 30, 1996, the
44   following amount, or so much thereof as is necessary,
45   to be used for the purpose designated:
46     For costs associated with the development of the X-
47   pert computer system:
48   			$	1,076,000
49     Notwithstanding section 8.33, unencumbered or
50   unobligated funds remaining on June 30, 1997, from the
Page 6

 1   funds appropriated in this section, shall revert to
 2   the rebuild Iowa infrastructure account of the state
 3   on August 31, 1997.
 4			DEPARTMENT OF MANAGEMENT
 5     Sec. ___.  There is appropriated from the rebuild
 6   Iowa infrastructure account of the state to the
 7   department of management for the fiscal year beginning
 8   July 1, 1995, and ending June 30, 1996, the following
 9   amount, or so much thereof as is necessary, to be used
10   for the purpose designated:
11     For the innovations fund, if enacted by the
12   Seventy-sixth General Assembly, 1995 Session:
13   			$	1,000,000
14			DEPARTMENT OF NATURAL RESOURCES
15     Sec. ___.  There is appropriated from the marine
16   fuel tax receipts deposited in the general fund of the
17   state to the department of natural resources for the
18   fiscal year beginning July 1, 1995, and ending June
19   30, 1996, the following amount, or so much thereof as
20   is necessary, to be used for the purpose designated:
21     For the purpose of funding capital projects
22   traditionally funded from marine fuel tax receipts for
23   the purposes specified in section 452A.79:
24   			$	1,600,000
25     Notwithstanding section 8.33, unencumbered or
26   unobligated funds remaining on June 30, 1997, from the
27   funds appropriated in this section, shall revert to
28   the general fund of the state on August 31, 1997.
29			DEPARTMENT OF PUBLIC DEFENSE
30     Sec. ___.  There is appropriated from the rebuild
31   Iowa infrastructure account of the state to the
32   department of public defense for the fiscal year
33   beginning July 1, 1995, and ending June 30, 1996, the
34   following amounts, or so much thereof as is necessary,
35   to be used for the purposes designated:
36     1.  For maintenance and repair of national guard
37   armories and facilities:
38   			$	382,000
39     2.  To match federal funds for completion of the
40   addition and renovation of the armory in Fairfield:
41   			$	250,000
42     3.  To match federal funds for construction of a
43   motor vehicle storage building at the Camp Dodge
44   maintenance armory:
45  			$	420,000
46     Notwithstanding section 8.33, unencumbered or
47   unobligated funds remaining on June 30, 1996, from the
48   funds appropriated in this section, shall revert to
49   the rebuild Iowa infrastructure account of the state
50   on August 31, 1996.
Page 7

 1			COUNTY FAIRS
 2     Sec. ___.  There is appropriated from the rebuild
 3   Iowa infrastructure account of the state to the
 4   treasurer of state for the fiscal year beginning July
 5   1, 1995, and ending June 30, 1996, for purposes of
 6   allocating moneys to assist each of the 103 county
 7   fairs which are members of the association of Iowa
 8   fairs, for purposes of supporting annual county fairs
 9   and improvements to the county fairgrounds:
10  			$	1,000,000
11     The treasurer of state shall allocate an equal
12   amount to each member fair.  However, moneys shall
13   only be expended by a county fair on a dollar-for-
14   dollar matching basis with moneys received from
15   donations contributed to the county fair from private
16   sources or moneys contributed by a county to aid the
17   county fair pursuant to section 174.14.
18                       IOWA STATE FAIR
19     Sec. ___.  There is appropriated from the rebuild
20   Iowa infrastructure account of the state to the Iowa
21   state fair foundation for the fiscal year beginning
22   July 1, 1995, and ending June 30, 1996, the following
23   amount, or so much thereof as is necessary, to be used
24   for the purpose designated:
25     For major repairs and improvements at the Iowa
26   state fairgrounds:
27  			$	9,000,000
28     Notwithstanding section 8.33, unencumbered or
29   unobligated funds remaining on June 30, 1999, from the
30   funds appropriated in this section, shall revert to
31   the rebuild Iowa infrastructure account of the state
32   on August 31, 1999.
33			PRIMARY ROAD FUND
34     Sec. ___.  There is appropriated from the rebuild
35   Iowa infrastructure account of the state to the
36   primary road fund for the fiscal year beginning July
37   1, 1995, and ending June 30, 1996, the following
38   amount, or so much thereof as is necessary, to be used
39   as designated:
40     For the commercial and industrial network:
41   			$	10,000,000
42     Notwithstanding section 8.33, funds appropriated
43   under this section shall not revert to the rebuild
44   Iowa infrastructure account of the state, but shall
45   remain available until expended.
46			ROAD USE TAX FUND
47     Sec. ___.  There is appropriated from the rebuild
48   Iowa infrastructure account of the state to the road
49   use tax fund for the fiscal year beginning July 1,
50   1995, and ending June 30, 1996, the following amount,
Page 8

 1   to be distributed in accordance with section 312.2:
 2   			$	10,000,000
 3     Notwithstanding section 8.33, funds appropriated
 4   under this section shall not revert to the rebuild
 5   Iowa infrastructure account of the state, but shall
 6   remain available until expended.""
 7     3.  Page 10, by striking lines 7 through 49 and
 8   inserting the following:
 9     "1.  To the Loess Hills development and
10   conservation authority, for deposit in the Loess Hills
11   development and conservation fund created in section
12   161D.2 for the purposes specified in section 161D.1:
13   			$	400,000
14     2.  To the department of agriculture and land
15   stewardship to use in cooperation with the department
16   of corrections for a project of repairs and
17   improvements at the national heritage orientation
18   center and public market.  It is the intent of the
19   general assembly that the project serve as a pilot
20   community services program using prison labor for
21   regional economic development initiatives supporting
22   Iowa agriculture and food products:
23   			$	325,000
24     3.  To the Iowa resources enhancement and
25   protection fund which is in addition to any other
26   appropriations made to the fund:
27   			$	500,000
28     4.  To the department of economic development for a
29   grant to the Wallace foundation for rural research and
30   development for costs to develop an educational and
31   outreach center:
32   			$	750,000
33     5.  To the department of cultural affairs for
34   maintenance and improvement at the gothic house
35   visitors center:
36   			$	225,000
37     6.  To the department of natural resources for
38   purposes of continuing natural lake preservation
39   efforts:
40   			$	100,000
41     The department shall award the amount transferred
42   in this subsection to a city as defined in section
43   362.2.  The department shall award the amount on a
44   matching basis with the department contributing one
45   dollar for each one dollar dedicated by the city, or
46   the city acting in conjunction with a county,
47   regardless of the source from which the city or county
48   obtains the money, for the continuation of natural
49   lake preservation efforts, if the city or county has
50   previously received state funding for such purposes.
Page 9

 1   However, the city, or the city and county, must have
 2   dedicated at least $100,000 of local funds in order to
 3   qualify for the award.  The city must also be located
 4   in a county having a population of less than 12,000.
 5     7.  To the department of natural resources for
 6   capital improvements at Backbone lake, other
 7   improvements of that state park, and preparation work
 8   and other costs associated with the park's 75th
 9   anniversary:
10   			$	500,000
11     8.  To the department of natural resources, to be
12   combined with local match funding, for a study of
13   dredging at Crystal lake in Winnebago county:
14   			$	25,000
15     9.  To the department of natural resources for
16   purposes of creating, improving, or enhancing recrea-
17   tional opportunities directly related to the
18   restoration and development of lake Ahquabi and
19   related facilities, which shall include any necessary
20   dredging operations, and which may also include
21   swimming, boating, and fishing facilities:
22   			$	184,000
23     The department shall return any amount of the
24   transfer expended by the department under this
25   subsection to the general fund of the state to the
26   extent that the department receives moneys from the
27   clean lakes program, administered by the United States
28   environmental protection agency, for purposes
29   described in this subsection.
30     10.  To the department of economic development for
31   operation and support of the Dows welcome center:
32   			$	20,000
33     11.  To the department of natural resources, to be
34   combined with local match funding of two dollars for
35   every one state dollar, for repair and replacement
36   costs associated with the spillway at Hickory Grove
37   lake:
38   			$	250,000
39     12.  To the department of agriculture and land
40   stewardship for providing assistance in reconstructing
41   and repairing flood-damaged dikes and levees on
42   pasture and other agricultural land which is not used
43   for crops:
44   			$	100,000
45     13.  To the department of education for a grant to
46   Southeast Polk community school district to implement
47   an interagency coalition strategy combining education,
48   health, and social services in addressing the problems
49   of children and families through school-linked
50   services:
Page 10

 1   			$	60,000
 2     14.  To the Iowa department of public health for a
 3   grant to establish a rural medical care center in
 4   Tama:
 5   			$	50,000
 6     15.  To the department of natural resources for a
 7   grant for costs associated with the Sauk rail trail
 8   and park improvements in Carroll:
 9   			$	30,000
10     16.  To the department of natural resources for a
11   grant for costs associated with renovation of the
12   Boone walking trail:
13   			$	5,000
14     17.  To Iowa state university of science and
15   technology for allocation to the Iowa institute for
16   public leadership for operations costs:
17   			$	25,000
18     18.  To the printing division of the department of
19   general services for publication of the under the
20   golden dome publication as specified by the authoring
21   agency:
22   			$	45,000
23     19.  To the department of corrections for a grant
24   to the amer-i-can program for training of inmates and
25   correctional staff:
26   			$	125,000
27     20.  To the department of education for contracting
28   with the Iowa alliance for arts education to execute
29   the local arts comprehensive educational strategies
30   program:
31   			$	150,000
32     21.  To the department of education for a grant to
33   a community college to assist in a public-private
34   partnership between the community college, a city, and
35   a county in developing a center or program to provide
36   child day care for nontraditional students:
37   			$	75,000
38     22.  To the department of general services for
39   planning, design, site acquisition and preparation,
40   and other expenditures necessary to establish a fee-
41   based child day care program available to public
42   employees officed at or near the capitol complex:
43  			$	500,000
44     a.  The general assembly considers child day care
45   to be an important service for employers, employees,
46   and their children.  Employer-supported child care can
47   have a positive impact upon employee morale and
48   retention and can positively affect the children who
49   are receiving child care services.  High quality child
50   care is of significant value to employers.  It is
Page 11

 1   believed that a quality, on-site child care program
 2   available to the children of state employees will
 3   provide a model for other employers in this state to
 4   emulate.
 5     b.  (1)  The legislative council is requested to
 6   appoint a capitol complex child day care program
 7   steering committee to provide direction to the
 8   department of general services in developing facility
 9   plans, establishing the facilities, developing
10   operation policies, contracting with a vendor to
11   operate the program, and other decisions involving
12   establishment and operation of the program.  The
13   steering committee shall utilize the March 1990
14   consultant report to the capitol complex ad hoc
15   committee on child care, particularly the intermediate
16   quality recommendations, in its decision making.
17     (2)  The steering committee membership shall
18   include members of the general assembly;
19   representatives of the departments of general
20   services, personnel, human services, and education;
21   employees officed at the capitol complex who purchase
22   child day care services; a representative of the state
23   board of regents center for early childhood education;
24   a representative of the Iowa state university of
25   science and technology early childhood education
26   programs; and other persons knowledgeable concerning
27   child day care programs.
28     c.  In consultation with the steering committee,
29   the director of the department of general services
30   shall retain a consultant to oversee the process of
31   developing the program and shall contract with a
32   vendor to manage the program.
33     d.  The program shall be designed to operate with a
34   capacity of 150 children and to regularly serve
35   infants, toddlers, preschool, school age, and mildly
36   ill children.
37     23.  To the commission of veterans affairs, for
38   donation to the women in military service for America
39   memorial foundation for the purpose of constructing
40   the women in military service memorial to be built at
41   the gateway to Arlington national cemetery in
42   Arlington, Virginia:
43   			$	47,000
44     The executive director of the commission of
45   veterans affairs shall forward this donation to the
46   women in military service for America memorial
47   foundation upon certification by the foundation that
48   sufficient funding has been pledged to complete the
49   construction of the memorial.
50     24.  To the Iowa peace institute:
Page 12

 1   			$	100,000
 2     25.  To the division of highway safety, uniformed
 3   force, and radio communications of the department of
 4   public safety for purchase and activation charges for
 5   cellular phones for force members:
 6   			$	50,000
 7     26.  To the department of economic development for
 8   expansion of the microbusiness rural enterprise
 9   demonstration project created pursuant to 1994 Iowa
10   Acts, chapter 1119, section 34, to 30 additional
11   counties in the fiscal year beginning July 1, 1995:
12   			$	50,000
13     27.  To the Iowa department of public health for a
14   conference to develop a plan for provision of health
15   insurance coverage to children of low-income families
16   who are ineligible for medical assistance and have no
17   health care coverage:
18   			$	20,000
19     28.  To the Iowa department of public health for a
20   domestic violence conference:
21   			$	20,000
22     29.  To the department of corrections for a study
23   of the development and use of a telecommunications
24   network for worker training, inmate rehabilitation,
25   and other related purposes in the sixth judicial
26   district:
27   			$	25,000
28     30.  To Iowa state university of science and
29   technology for a study of alternative project delivery
30   systems for publicly funded infrastructure projects,
31   provided the study is publicly distributed upon
32   completion:
33  			$	39,000
34     31.  To the department of economic development for
35   the Iowa members' cost share for the Lewis and Clark
36   rural water system:
37   			$	25,000
38     32.  To the department of elder affairs for the
39   1995 older Iowans legislature:
40   			$	20,000
41     33.  To the judicial department for development and
42   implementation of a long-range and strategic plan for
43   the judicial branch of Iowa government:
44   			$	50,000
45     34.  To the department of education for allocation
46   to the community college that experienced the highest
47   percentage of increase in full-time fall enrollment
48   for the period beginning July 1, 1989, and ending June
49   30, 1995, for purposes of renovating a building for
50   use as an urban center with classrooms to prepare
Page 13

 1   students for the workplace or to pursue postsecondary
 2   education:
 3   			$	150,000
 4     35.  To the department of human services for
 5   application by the department for grants to establish
 6   pilot projects for placements of geriatric patients
 7   who have a mental illness:
 8   			$	25,000
 9     Any grant received may be used by the department to
10   fund a coordinator to work with hospitals and nursing
11   homes concerning placements of geriatric patients who
12   have a mental illness.
13     Notwithstanding section 8.33, moneys transferred in
14   accordance with this section shall not revert to the
15   general fund of the state at the close of the fiscal
16   year but shall remain available for expenditure for
17   the purposes designated.  Unless otherwise provided in
18   this section, moneys transferred in this section which
19   remain unobligated or unexpended for the purpose
20   designated shall revert to the general fund of the
21   state on August 31, 1997.
22     Sec. ___.  BLOOD RUN NATIONAL HISTORIC LANDMARK.
23   The department of cultural affairs may use moneys
24   appropriated to the department in 1994 Iowa Acts,
25   chapter 1199, section 35, as necessary, to contract
26   with the midwest region of the national park service
27   to complete a study of blood run national historic
28   landmark for the purpose of determining the
29   feasibility of incorporating the landmark into the
30   national park system.  Notwithstanding section 8.33,
31   moneys from the appropriation which remain unobligated
32   or unexpended on June 30, 1995, shall not revert to
33   the general fund of the state but shall remain
34   available for use as provided in this section in the
35   succeeding fiscal year."
36     4.  Page 12, by inserting after line 19 the
37   following:
38     "Sec. ___.  Section 22.7, Code 1995, is amended by
39   adding the following new subsection:
40     NEW SUBSECTION.  33.  Personal information
41   contained in state department of transportation
42   handicapped parking permit records capable of
43   disclosure by bulk distribution for purposes of
44   surveys, marketing, or solicitations, unless the
45   individual who is the subject of the record has been
46   given an opportunity by the state department of
47   transportation to prohibit the disclosure."
48     5.  Page 12, by inserting after line 31 the
49   following:
50     "Sec. ___.  Section 321.1, subsection 32, paragraph
Page 14

 1   f, Code 1995, as amended by 1995 Iowa Acts, Senate
 2   File 298, section 1, is amended to read as follows:
 3     f.  Self-propelled machinery or machinery towed by
 4   a motor vehicle or farm tractor operated at speeds of
 5   less than thirty miles per hour or machinery towed by
 6   a motor vehicle or farm tractor.  The machinery must
 7   be specifically designed for, or especially adapted to
 8   be capable of, incidental over-the-road and primary
 9   off-road usage.  In addition, the machinery must be
10   used exclusively for the mixing and dispensing of
11   nutrients to bovine animals fed at a feedlot, or the
12   application of organic or inorganic plant food
13   materials, agricultural limestone, or agricultural
14   chemicals.  However, the machinery shall not be
15   specifically designed or intended for the
16   transportation of such nutrients, plant food
17   materials, agricultural limestone, or agricultural
18   chemicals."
19     6.  Page 12, by inserting after line 31 the
20   following:
21     "Sec. ___.  Section 321.11, Code 1995, is amended
22   by adding the following new unnumbered paragraph:
23     NEW UNNUMBERED PARAGRAPH.  However, personal
24   information contained in department handicapped
25   parking permit records may only be disclosed by bulk
26   distribution for purposes of surveys, marketing, or
27   solicitations, if the individual who is the subject of
28   the record has been given an opportunity by the
29   department to prohibit the disclosure."
30     7.  By renumbering, relettering, or redesignating
31   and correcting internal references as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-4143, to the House amendment.
IMMEDIATE MESSAGE
Brauns of Muscatine asked and received unanimous consent that
Senate File 481 be immediately messaged to the Senate.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 150)
Salton of Palo Alto called up for consideration the report of
the conference committee on Senate File 150 and moved the
adoption of the conference committee report and the amendments
contained therein as follows:
REPORT OF THE CONFERENCE COMMITTEE
ON SENATE FILE 150
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and the
House of Representatives on Senate File 150, a bill for An Act
relating to child abuse involving termination of parental rights
in certain abuse or neglect cases and access by other states to
child abuse information, respectfully make the following report:
1.  That the Senate recedes from its amendment, H-4072.
2.  That the House amendment, S-3543, to Senate File 150, as
amended, passed, and reprinted by the Senate, is amended as
follows:
1.  Page 1, by inserting after line 4 the following:
"Section 1.  Section 232.2, subsection 4, unnumbered paragraph
1, Code 1995, is amended to read as follows:
"Case permanency plan" means the plan, mandated by Pub. L. No.
96-272, as codified in 42 U.S.C. </g> 671(a)(16), 627(a)(2)(B), and
675(1),(5), which is designed to achieve placement in the least
restrictive, most family-like setting available and in close
proximity to the parent's home, consistent with the best
interests and special needs of the child, and which considers
the placement's proximity to the school in which the child is
enrolled at the time of placement. The plan shall be developed
by the department or agency involved and the child's parent,
guardian, or custodian.  The plan shall specifically include
all of the following:"
2.  Page 1, by striking lines 8 through 11 and inserting the
following:
"NEW PARAGRAPH.  g.  The".
3.  Page 1, lines 17 and 18, by striking the words "upon
completion of the agreement requirements".
4.  Page 5, by striking lines 30 through 32 and inserting the
following:  "but not limited to permanency planning and
placement review meetings, which shall include discussion of the
child's rehabilitative treatment needs.""
5.  Page 5, by inserting after line 42 the following:
""Sec. ___.  Section 237.15, subsection 1, unnumbered paragraph
1, Code 1995, is amended to read as follows:
"Case permanency plan" means the plan, mandated by Pub. L. No.
96-272, as codified in 42 U.S.C., </g></g> 671(a)(16), 627(a)(2)(B),
and 675(1),(5), which is designed to achieve placement in the
least restrictive, most family-like setting available and in
close proximity to the parent's home, consistent with the best
interests and special needs of the child, and which considers
the placement's proximity to the school in which the child is
enrolled at the time of placement. The plan shall be developed
by the department or agency involved and the child's parent,
guardian, or custodian.  The plan shall specifically include
all of the following:"
6.  Page 5, by striking lines 46 through 49 and inserting the
following:
"NEW PARAGRAPH.  j.  The actions".
7.  Page 6, lines 4 and 5, by striking the words "upon
completion of the agreement requirements".
8.  Page 6, by inserting after line 21 the following:
""Sec.    .  Section 598.8, Code 1995, is amended to read as
follows:
598.8  HEARINGS.
Hearings for dissolution of marriage shall be held in open court
upon the oral testimony of witnesses, or upon the depositions of
such witnesses taken as in other equitable actions or taken by a
commissioner appointed by the court. However, the court may in
its discretion close the hearing. Hearings held for the purpose
of determining child custody may be limited in attendance by the
court.  Upon request of either party, the court shall provide
security in the courtroom during the custody hearing if a
history of domestic abuse relating to either party exists."
9.  Page 6, lines 39 and 40, by striking the words "credible
evidence of a history of domestic abuse" and inserting the
following:  "that a history of domestic abuse exists".
10.  Page 6, line 48, by striking the words "credible
evidence" and inserting the following:  "a history".
11.  Page 6, line 50, by striking the words "credible
evidence" and inserting the following:  "a history".
12.  Page 7, by striking lines 3 and 4 and inserting the
following:  "domestic abuse relocates or is absent from the
home based upon the".
13.  Page 7, line 9, by striking the words "to the absent
parent".
14.  Page 7, lines 25 and 26, by striking the words "of
credible evidence of domestic abuse" and inserting the
following:  "that a history of domestic abuse exists".
15.  Page 7, line 33, by striking the words "credible evidence
exists of domestic abuse" and inserting the following: "a
history of domestic abuse exists".
16.  By striking page 7, line 49, through page 8, line 9, and
inserting the following:
"NEW PARAGRAPH.  j.  Whether a history of domestic abuse, as
defined in section 236.2, exists.  In determining whether a
history of domestic abuse exists, the court's consideration
shall include but is not limited to,".
17.  Page 8, line 27, by inserting after the word "order," the
following:  "unless the court determines that a history of
domestic abuse exists as specified in subsection 3, paragraph
"j", or unless the court determines that direct physical harm or
significant emotional harm to the child, other children, or a
parent is likely to result,".
18.  Page 8, by striking line 31.
19.  By renumbering, relettering, or redesignating and
correcting internal references as necessary.  
ON THE PART OF THE HOUSE:	ON THE PART OF THE SENATE:
BILL SALTON, Chair	ROBERT DVORSKY, Chair
DAN BODDICKER	NANCY BOETTGER
CECELIA BURNETT	JOHNIE HAMMOND
PAM JOCHUM	MARY E. KRAMER
KEN VEENSTRA	ELAINE SZYMONIAK
The motion prevailed and the report was adopted. 
Salton of Palo Alto 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. 150)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Connors        	Coon                  	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Van Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Mr. Speaker
   Corbett
The nays were, none.
Absent or not voting, 3:
Brammer        	Cohoon         	Hurley
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 150 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Dinkla of Guthrie called up for consideration House File 126, a
bill for an act relating to certain franchise agreements by
amending
 provisions relating to transfer, termination, and nonrenewal of
franchise agreements, and to a civil cause of action for
appropriate relief, and repealing certain franchise provisions,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-4140:
H-4140
 1     Amend House File 126, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  By striking everything after the enacting
 4   clause and inserting the following:
 5     "Section 1.  Section 523H.2, Code 1995, is amended
 6   to read as follows:
 7     523H.2  APPLICABILITY.
 8     This chapter applies to a new or existing franchise
 9   that is operated in the state of Iowa.  For purposes
10   of this chapter, the franchise is operated in this
11   state only if the premises from which the franchise is
12   operated is physically located in this state.  For
13   purposes of this chapter, a franchise including
14   marketing rights in or to this state, is deemed to be
15   operated in this state only if the franchisee's
16   principal business office is physically located in
17   this state.  This chapter does not apply to a
18   franchise solely because an agreement relating to the
19   franchise provides that the agreement is subject to or
20   governed by the laws of this state.  The provisions of
21   this chapter do not apply to any existing or future
22   contracts between Iowa franchisors and out-of-state
23   franchisees who operate franchises located out-of-
24   state.
25     Sec. 2.  Section 523H.5, Code 1995, is amended to
26   read as follows:
27     523H.5  TRANSFER OF FRANCHISE.
28     1.  A franchisee may transfer the franchised
29   business and franchise to a transferee, provided that
30   the transferee satisfies the reasonable current
31   qualifications of the franchisor for new franchisees.
32   For the purposes of this section, a reasonable current
33   qualification for a new franchisee is a qualification
34   based upon a legitimate business reason.  If the
35   proposed transferee does not meet the reasonable
36   current qualifications of the franchisor, the
37   franchisor may refuse to permit the transfer, provided
38   that the refusal of the franchisor to consent to the
39   transfer is not arbitrary or capricious when compared
40   to the actions of the franchisor in other similar
41   circumstances.
42     2.  Except as otherwise provided in this section, a
43   franchisor may exercise a right of first refusal
44   contained in a franchise agreement after receipt of a
45   proposal from the franchisee to transfer the
46   franchise.
47     3.  A franchisor may require as a condition of a
48   transfer any of the following:
49     a.  That the transferee successfully complete a
50   reasonable training program.

Page 2  

 1     b.  That a reasonable transfer fee be paid to
 2   reimburse the franchisor for the franchisor's
 3   reasonable and actual expenses directly attributable
 4   to the transfer.
 5     c.  That the franchisee pay or make provision
 6   reasonably acceptable to the franchisor to pay any
 7   amount due the franchisor or the franchisor's
 8   affiliate.
 9     d.  That the financial terms of the transfer comply
10   at the time of the transfer with the franchisor's
11   current financial requirements for franchisees.
12     4.  A franchisor shall not withhold consent to a
13   franchisee making a public offering of the
14   franchisee's securities without good cause, provided
15   the franchisee or the owners of the franchise retain
16   control of more than fifty percent of the voting power
17   in the franchise.
18     5. 4.  A franchisee may transfer the franchisee's
19   interest in the franchise, for the unexpired term of
20   the franchise agreement, and a franchisor shall not
21   require the franchisee or the transferee to enter into
22   a new or different franchise agreement as a condition
23   of the transfer.
24     6. 5.  A franchisee shall give the franchisor no
25   less than sixty days' written notice of a transfer
26   which is subject to the provisions of this section,
27   and on request from the franchisor shall provide in
28   writing the ownership interests of all persons holding
29   or claiming an equitable or beneficial interest in the
30   franchise subsequent to the transfer or the
31   franchisee, as appropriate.  A franchisee shall not
32   circumvent the intended effect of a contractual
33   provision governing the transfer of the franchise or
34   an interest in the franchise by means of a management
35   agreement, lease, profit-sharing agreement,
36   conditional assignment, or other similar device.
37     7. 6.  A franchisor shall not transfer its
interest
38   in a franchise unless the franchisor makes reasonable
39   provision for the performance of the franchisor's
40   obligations under the franchise agreement by the
41   transferee.  A franchisor shall provide the franchisee
42   notice of a proposed transfer of the franchisor's
43   interest in the franchise at the time the disclosure
44   is required of the franchisor under applicable
45   securities laws, if interests in the franchisor are
46   publicly traded, or if not publicly traded, at the
47   time such disclosure would be required if the
48   interests in the franchisor were publicly traded. 
For
49   purposes of this subsection, "reasonable provision"
50   means that upon the transfer, the entity assuming the
Page 3

 1   franchisor's obligations has the financial means to
 2   perform the franchisor's obligations in the ordinary
 3   course of business, but does not mean that the
 4   franchisor transferring the franchise is required to
 5   guarantee obligations of the underlying franchise
 6   agreement.
 7     8. 7.  A transfer by a franchisee is deemed to be
 8   approved sixty days after the franchisee submits the
 9   request for consent to the transfer unless the
10   franchisor withholds consent to the transfer as
11   evidenced in writing, specifying the reason or reasons
12   for withholding the consent.  The written notice must
13   be delivered to the franchisee prior to the expiration
14   of the sixty-day period.  Any such notice is
15   privileged and is not actionable based upon a claim of
16   defamation.
17     9. 8.  A franchisor shall not discriminate against
18   a proposed transferee of a franchise on the basis of
19   race, color, national origin, religion, sex, or
20   physical handicap disability.
21     10. 9.  A franchisor, as a condition to a transfer
22   of a franchise, shall not obligate a franchisee to
23   undertake obligations or relinquish any rights
24   unrelated to the franchise proposed to be transferred,
25   or to enter into a release of claims broader than a
26   similar release of claims by the franchisor against
27   the franchisee which is entered into by the
28   franchisor.
29     11. 10.  A franchisor, after a transfer of a
30   franchise, shall not seek to enforce any covenant of
31   the transferred franchise against the transferor which
32   prohibits the transferor from engaging in any lawful
33   occupation or enterprise.  However, this subsection
34   does not prohibit the franchisor from enforcing a
35   contractual covenant against the transferor not to
36   exploit the franchisor's trade secrets or intellectual
37   property rights, unless otherwise agreed to by the
38   parties.
39     12. 11.  For purposes of this section, "transfer"
40   means any change in ownership or control of a
41   franchise, franchised business, or a franchisee.
42     13. 12.  The following occurrences shall not be
43   considered transfers requiring the consent of the
44   franchisor under a franchise agreement, and shall not
45   result in the imposition of any penalties or make
46   applicable any right of first refusal by the
47   franchisor:
48     a.  The succession of ownership of a franchise upon
49   the death or disability of a franchisee, or of an
50   owner of a franchise, to the franchisee's surviving
Page 4

 1   spouse, child or children heir, or a partner
active in
 2   the management of the franchisee unless the successor
 3   fails to meet within one year the then current
 4   reasonable qualifications of the franchisor for
 5   franchisees and the enforcement of the reasonable
 6   current qualifications is not arbitrary or capricious
 7   when compared to actions of the franchisor in other
 8   similar circumstances.
 9     b.  The succession of a spouse, child, partner, or
10   other owner as operating manager upon the death or
11   disability of the operating manager, unless the
12   successor fails to meet the then current reasonable
13   qualifications of the franchisor for an operating
14   manager, and enforcement of the reasonable current
15   qualifications is not arbitrary or capricious when
16   compared to actions of the franchisor in other similar
17   circumstances.
18     c. b.  Incorporation of a proprietorship
19   franchisee, provided that such incorporation does not
20   prohibit a franchisor from requiring a personal
21   guaranty by the franchisee of obligations related to
22   the franchise.
23     d. c.  A transfer within an existing ownership
24   group of a franchise provided that more than fifty
25   percent of the franchise is held by persons who meet
26   the franchisor's reasonable current qualifications for
27   franchisees.  If less than fifty percent of the
28   franchise would be owned by persons who meet the
29   franchisor's reasonable current qualifications, the
30   franchisor may refuse to authorize the transfer,
31   provided that enforcement of the reasonable current
32   qualifications is not arbitrary or capricious when
33   compared to actions of the franchisor in other similar
34   circumstances.
35     e. d.  A transfer of less than a controlling
36   interest in the franchise to the franchisee's spouse
37   or child or children, provided that more than fifty
38   percent of the entire franchise is held by those who
39   meet the franchisor's reasonable current
40   qualifications.  If less than fifty percent of the
41   franchise would be owned by persons who meet the
42   franchisor's reasonable current qualifications, the
43   franchisor may refuse to authorize the transfer,
44   provided that enforcement of the reasonable current
45   qualifications is not arbitrary or capricious when
46   compared to actions of the franchisor in other similar
47   circumstances.
48     f. e.  A transfer of less than a controlling
49   interest in the franchise of an employee stock
50   ownership plan, or employee incentive plan, provided
Page 5

 1   that more than fifty percent of the entire franchise
 2   is held by those who meet the franchisor's reasonable
 3   current qualifications for franchisees.  If less than
 4   fifty percent would be owned by persons who meet the
 5   franchisor's reasonable current qualifications, the
 6   franchisor may refuse to authorize the transfer,
 7   provided that enforcement of the reasonable current
 8   qualifications is not arbitrary or capricious when
 9   compared to actions of the franchisor in other similar
10   circumstances.
11     g. f.  A grant or retention of a security interest
12   in the franchised business or its assets, or an
13   ownership interest in the franchisee, provided the
14   security agreement establishes an obligation on the
15   part of the secured party enforceable by the
16   franchisor to give the franchisor notice of the
17   secured party's intent to foreclose on the collateral
18   simultaneously with notice to the franchisee, and a
19   reasonable opportunity to redeem the interests of the
20   secured party and recover the secured party's interest
21   in the franchise or franchised business by paying the
22   secured obligation.
23     14. 13.  A franchisor shall not interfere or
24   attempt to interfere with any disposition of an
25   interest in a franchise or franchised business as
26   described in subsection 13 12, paragraphs "a"
through
27   "g" "f".
28     Sec. 3.  Section 523H.6, Code 1995, is amended by
29   striking the section and inserting in lieu thereof the
30   following:
31     523H.6  ENCROACHMENT.
32     1.  If a franchisor develops, or grants to a
33   franchisee the right to develop, a new outlet or
34   location which sells essentially the same goods or
35   services under the same trademark, service mark, trade
36   name, logotype, or other commercial symbol as an
37   existing franchisee and the new outlet or location has
38   an adverse effect on the gross sales of the existing
39   franchisee's outlet or location, the existing
40   adversely affected franchisee has a cause of action
41   for monetary damages in an amount calculated pursuant
42   to subsection 3, unless any of the following apply:
43     a.  The franchisor has first offered the new outlet
44   or location to the existing franchisee on the same
45   basic terms and conditions available to the other
46   potential franchisee, or, if the new outlet or
47   location is to be owned by the franchisor, on the
48   terms and conditions that would ordinarily be offered
49   to a franchisee for a similarly situated outlet or
50   location.
Page 6

 1     b.  The adverse impact on the existing franchisee's
 2   annual gross sales, based on a comparison to the
 3   annual gross sales from the existing outlet or
 4   location during the twelve-month period immediately
 5   preceding the opening of the new outlet or location,
 6   is determined to have been less than five percent
 7   during the first twelve months of operation of the new
 8   outlet or location.
 9     c.  The existing franchisee, at the time the
10   franchisor develops, or grants to a franchisee the
11   right to develop, a new outlet or location is not in
12   compliance with the franchisor's then current
13   reasonable criteria for eligibility for a new
14   franchise.  A franchisee determined to be ineligible
15   pursuant to this paragraph shall be afforded the
16   opportunity to seek compensation pursuant to the
17   formal procedure established under paragraph "d",
18   subparagraph (2).  Such procedure shall be the
19   franchisee's exclusive remedy.
20     d.  The franchisor has established both of the
21   following:
22     (1)  A formal procedure for hearing and acting upon
23   claims by an existing franchisee with regard to a
24   decision by the franchisor to develop, or grant to a
25   franchisee the right to develop, a new outlet or
26   location, prior to the opening of the new outlet or
27   location.
28     (2)  A reasonable formal procedure for awarding
29   compensation or other form of consideration to a
30   franchisee to offset all or a portion of the
31   franchisee's lost profits caused by the establishment
32   of the new outlet or location.  The procedure shall
33   involve, at the option of the franchisee, one of the
34   following:
35     (a)  A panel, comprised of an equal number of
36   members selected by the franchisee and the franchisor,
37   and one additional member to be selected unanimously
38   by the members selected by the franchisee and the
39   franchisor.
40     (b)  A neutral third-party mediator or an
41   arbitrator with the authority to make a decision or
42   award in accordance with the formal procedure.  The
43   procedure shall be deemed reasonable if approved by a
44   majority of the franchisor's franchisees in the United
45   States, either individually or by an elected
46   representative body.
47     (c)  Arbitration of any dispute before neutral
48   arbitrators pursuant to the rules of the American
49   arbitration association.  The award of an arbitrator
50   pursuant to this subparagraph subdivision is subject
Page 7

 1   to judicial review pursuant to chapter 679A.
 2     2.  A franchisor shall establish and make available
 3   to its franchisees a written policy setting forth its
 4   reasonable criteria to be used by the franchisor to
 5   determine whether an existing franchisee is eligible
 6   for a franchise for an additional outlet or location.
 7     3.  a.  In establishing damages under a cause of
 8   action brought pursuant to this section, the
 9   franchisee has the burden of proving the amount of
10   lost profits attributable to the compensable sales.
11   In any action brought under this section, the damages
12   payable shall be limited to no more than three years
13   of the proven lost profits.  For purposes of this
14   subsection, "compensable sales" means the annual gross
15   sales from the existing outlet or location during the
16   twelve-month period immediately preceding the opening
17   of the new outlet or location less both of the
18   following:
19     (1)  Five percent.
20     (2)  The actual gross sales from the operation of
21   the existing outlet or location for the twelve-month
22   period immediately following the opening of the new
23   outlet or location.
24     b.  Compensable sales shall exclude any amount
25   attributable to factors other than the opening and
26   operation of the new outlet or location.
27     4.  Any cause of action brought under this section
28   must be filed within eighteen months of the opening of
29   the new outlet or location or within three months
30   after the completion of the procedure under subsection
31   1, paragraph "d", subparagraph (2), whichever is
32   later.
33     5.  Upon petition by the franchisor or the
34   franchisee, the district court may grant a permanent
35   or preliminary injunction to prevent injury or
36   threatened injury for a violation of this section or
37   to preserve the status quo pending the outcome of the
38   formal procedure under subsection 1, paragraph "d",
39   subparagraph (2).
40     Sec. 4.  Section 523H.7, Code 1995, is amended to
41   read as follows:
42     523H.7  TERMINATION.
43     1.  Except as otherwise provided by this chapter, a
44   franchisor shall not terminate a franchise prior to
45   the expiration of its term except for good cause.  For
46   purposes of this section, "good cause" is cause based
47   upon a legitimate business reason.  "Good cause"
48   includes the failure of the franchisee to comply with
49   any material lawful requirement of the franchise
50   agreement, provided that the termination by the
Page 8

 1   franchisor is not arbitrary or capricious when
 2   compared to the actions of the franchisor in other
 3   similar circumstances.  The burden of proof of showing
 4   that action of the franchisor is arbitrary or
 5   capricious shall rest with the franchisee.
 6     2.  Prior to termination of a franchise for good
 7   cause, a franchisor shall provide a franchisee with
 8   written notice stating the basis for the proposed
 9   termination.  After service of written notice, the
10   franchisee shall have a reasonable period of time to
11   cure the default, which in no event shall be less than
12   thirty days or more than ninety days.  In the event of
13   nonpayment of moneys due under the franchise
14   agreement, the period to cure need not exceed thirty
15   days.
16     3.  Notwithstanding subsection 2, a franchisor may
17   terminate a franchisee upon written notice and without
18   an opportunity to cure if any of the following apply:
19     a.  The franchisee or the business to which the
20   franchise relates is declared bankrupt or judicially
21   determined to be insolvent.
22     b.  All or a substantial part of the assets of the
23   franchise or the business to which the franchisee
24   relates are assigned to or for the benefit of any
25   creditor which is subject to chapter 681.  An
26   assignment for the benefit of any creditor pursuant to
27   this paragraph does not include the granting of a
28   security interest in the normal course of business.
29     b. c.  The franchisee voluntarily abandons the
30   franchise by failing to operate the business for five
31   consecutive business days during which the franchisee
32   is required to operate the business under the terms of
33   the franchise, or any shorter period after which it is
34   not unreasonable under the facts and circumstances for
35   the franchisor to conclude that the franchisee does
36   not intend to continue to operate the franchise,
37   unless the failure to operate is due to circumstances
38   beyond the control of the franchisee.
39     c. d.  The franchisor and franchisee agree in
40   writing to terminate the franchise.
41     d. e.  The franchisee knowingly makes any material
42   misrepresentations or knowingly omits to state any
43   material facts relating to the acquisition or
44   ownership or operation of the franchise business.
45     e. f.  The franchisee repeatedly fails to
comply
46   with the same material provision of a franchise
47   agreement, when the enforcement of the material
48   provision by the franchisor is not arbitrary or
49   capricious when compared to the franchisor in other
50   similar circumstances.  After three material
breaches
Page 9

 1   of a franchise agreement occurring within a twelve-
 2   month period, for which the franchisee has been given
 3   notice and an opportunity to cure, the franchisor may
 4   terminate upon any subsequent material breach within
 5   the twelve-month period without providing an
 6   opportunity to cure, provided that the action is not
 7   arbitrary and capricious.
 8     f. g.  The franchised business or business
premises
 9   of the franchisee are lawfully seized, taken over, or
10   foreclosed by a government authority or official.
11     g. h.  The franchisee is convicted of a felony or
12   any other criminal misconduct which materially and
13   adversely affects the operation, maintenance, or
14   goodwill of the franchise in the relevant market.
15     h. i.  The franchisee operates the franchised
16   business in a manner that imminently endangers the
17   public health and safety.
18     Sec. 5.  Section 523H.8, Code 1995, is amended to
19   read as follows:
20     523H.8  NONRENEWAL OF A FRANCHISE.
21     1.  A franchisor shall not refuse to renew a
22   franchise unless both of the following apply:
23     1. a.  The franchisee has been notified of the
24   franchisor's intent not to renew at least six months
25   prior to the expiration date or any extension of the
26   franchise agreement.
27     2. b.  Any of the following circumstances exist:
28     a. (1)  Good cause exists as defined in
section
29   523H.7, provided that the refusal of the franchisor to
30   renew is not arbitrary or capricious when compared to
31   the actions of the franchisor in other similar
32   circumstances.  For purposes of this section, "good
33   cause" means cause based on a legitimate business
34   reason.
35     b. (2)  The franchisor and franchisee agree not to
36   renew the franchise, provided that upon the expiration
37   of the franchise, the franchisor agrees not to seek to
38   enforce any covenant of the nonrenewed franchise not
39   to compete with the franchisor or franchisees of the
40   franchisor.
41     c. (3)  The franchisor completely withdraws from
42   directly or indirectly distributing its products or
43   services in the geographic market served by the
44   franchisee, provided that upon expiration of the
45   franchise, the franchisor agrees not to seek to
46   enforce any covenant of the nonrenewed franchisee not
47   to compete with the franchisor or franchisees of the
48   franchisor.
49     2.  As a condition of renewal of the franchise, a
50   franchise agreement may require that the franchisee
Page 10

 1   meet the then current requirements for franchises and
 2   that the franchisee execute a new agreement
 3   incorporating the then current terms and fees for new
 4   franchises.
 5     Sec. 6.  Section 523H.11, Code 1995, is amended to
 6   read as follows:
 7     523H.11  REPURCHASE OF ASSETS.
 8     A franchisor shall not prohibit a franchisee from,
 9   or enforce a prohibition against a franchisee,
10   engaging in any lawful business at any location after
11   a termination or refusal to renew by a franchisor,
12   unless it is one which relies on a substantially
13   similar marketing program as the terminated or
14   nonrenewed franchise or unless the franchisor offers
15   in writing no later than ten business days before
16   expiration of the franchise to purchase the assets of
17   the franchised business for its fair market value as a
18   going concern.  The value of the assets shall not
19   include the goodwill of the business attributable to
20   the trademark licensed to the franchisee in the
21   franchise agreement.  The offer may be conditioned
22   upon the ascertainment of a fair market value by an
23   impartial appraiser.  This section does not apply to
24   assets of the franchised business which the franchisee
25   did not purchase from the franchisor, or the agent of
26   the franchisor."

The motion prevailed and the House concurred in the Senate
amendment H-4140.
Dinkla of Guthrie moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 126)
The ayes were, 86:
Arnold         	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Brand          	Branstad
Brauns         	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill      	Coon                  	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Drake          	Eddie          	Ertl           	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Houser         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May
McCoy          	Metcalf        	Meyer          	Millage
Moreland       	Mundie         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton 
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Mr. Speaker
	 Corbett
The nays were, 9:
Bernau         	Connors        	Doderer        	Drees
Fallon         	Holveck        	Mertz          	Murphy
Schrader
Absent or not voting, 5:
Baker          	Brammer        	Cohoon         	Hurley
Lamberti 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Rule 76 invoked; Lamberti of Polk invoked Rule 76, conflict of
interest, and refrained from voting.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 126 be immediately messaged to the Senate.
CONSIDERATION OF SENATE CONCURRENT RESOLUTION 24
Doderer of Johnson asked and received unanimous consent for the
immediate consideration of Senate Concurrent Resolution 24, a
concurrent resolution recognizing the Seventy-fifth Anniversary
of the American Civil Liberties Union and the Sixtieth
Anniversary of the Iowa Civil Liberties Union, and moved its
adoption.
The motion prevailed and the resolution was adopted.
SENATE AMENDMENT CONSIDERED
Eddie of Buena Vista called up for consideration House File 519,
a bill for an act providing for the regulation of animal feeding
operations, fees, the expenditure of moneys, penalties, and an
effective date, amended by the Senate amendment H-4033 as
follows:
H-4033

 1     Amend House File 519, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Sec. ___.  Section 13.13, subsection 2, Code 1995,
 6   is amended to read as follows:
 7     2.  The farm assistance program coordinator shall
 8   contract with a nonprofit organization chartered in
 9   this state to provide mediation services as provided
10   in chapters 654A and 654B.  The contract shall be
11   awarded to the organization by July 1, 1990.  The
farm
12   assistance program coordinator shall contract with a
13   nonprofit organization to provide mediation services
14   as provided in chapter 654C based upon a designation
15   forwarded by the organic nutrient management board.  A
16   contract may be terminated by the coordinator upon
17   written notice and for good cause.  The coordinator
18   shall notify the board six months prior to the
19   expiration of a contract or ten days prior to the
20   termination of a contract involving a nonprofit
21   organization providing mediation services as provided
22   in chapter 654C.  The coordinator shall select an
23   organization to provide mediation services under
24   chapter 654C, if the coordinator does not receive the
25   board's selection in writing within thirty days
26   following the board's receipt of the notice of
27   expiration or termination of the contract.  An
28   organization awarded the contract is designated as the
29   farm mediation service for the chapter for which the
30   organization is to provide mediation services, for the
31   duration of the contract.  The An organization may,
32   upon approval by the coordinator, provide mediation
33   services other than as provided by law.  The farm
34   mediation service is not a state agency for the
35   purposes of chapters 19A, 20, and 669.
36     Sec. ___.  Section 13.14, subsections 1 and 2, Code
37   1995, are amended to read as follows:
38     1.  Meetings of the a farm mediation service are
39   closed meetings and are not subject to chapter 21.
40     2.  Verbal or written information relating to the
41   mediation process and transmitted between a party to a
42   dispute and the a farm mediation service, including
a
43   mediator or the mediation staff, or any other person
44   present during any stage of the mediation process
45   conducted by the a service, whether reflected in
46   notes, memoranda, or other work products in the case
47   files, is a confidential communication.  Mediators and
48   staff members shall not be examined in any judicial or
49   administrative proceeding regarding confidential
50   communications and are not subject to judicial or
Page 2  

 1   administrative process requiring the disclosure of
 2   confidential communications.
 3     Sec. ___.  Section 13.15, unnumbered paragraph 1,
 4   Code 1995, is amended to read as follows:
 5     The A farm mediation service providing
mediation
 6   services under chapter 654A or 654B shall recommend
 7   rules to administer those chapters to the farm
 8   assistance program coordinator.  A mediation service
 9   providing mediation services under chapter 654C shall
10   recommend rules to administer that chapter to the
11   organic nutrient management board.  The board shall
12   submit the recommendations with comments or its own
13   recommendations to the farm assistance program
14   coordinator.  The coordinator shall adopt rules
15   pursuant to chapter 17A to set the compensation of
16   mediators and to implement this subchapter and
17   chapters 654A and 654B.
18     Sec. ___.  Section 13.16, Code 1995, is amended to
19   read as follows:
20     13.16  LIMITATION ON LIABILITY -- IMMUNITY FROM
21   SPECIAL ACTIONS.
22     1.  A member of the a farm mediation
mediation's 
23   staff, including a mediator, employee, or agent of the
24   service, or member of a board for the service, is not
25   liable for civil damages for a statement or decision
26   made in the process of mediation, unless the member
27   acts in bad faith, with malicious purpose, or in a
28   manner exhibiting willful and wanton disregard of
29   human rights, safety, or property.
30     2.  A judicial action which seeks an injunction,
31   mandamus, or similar equitable relief shall not be
32   brought against the a farm mediation service,
33   including a mediator, employee, or agent of the
34   service, or a member of a board for the service until
35   completion of the mediation process."
36     2.  Page 1, by striking lines 6 through 11 and
37   inserting the following:  "feet from a designated
38   area, unless one of the following applies:
39     1.  The manure is applied by injection or
40   incorporation within twenty-four hours following the
41   application.
42     2.  An area of permanent vegetation cover exists
43   for fifty feet surrounding the designated area and
44   that area is not subject to manure application.
45     As used in this section, "designated area" means a
46   known sinkhole, or a cistern, abandoned well,
47   unplugged agricultural drainage well, agricultural
48   drainage well surface inlet, drinking water well, or
49   lake, or a farm pond, or privately owned lake as
50   defined in section 462A.2.  However, a "designated
Page 3

 1   area" does not include a terrace tile outlet."
 2     3.  Page 1, line 14, by striking the words "an
 3   animal" and inserting the following:  "a confinement".
 4     4.  Page 1, by inserting after line 23 the
 5   following:
 6     "1A.  "Animal weight capacity" means the same as
 7   defined in section 455B.161."
 8     5.  Page 2, by striking line 2 and inserting the
 9   following:  "subject to a construction permit issued
10   by the".
11     6.  Page 2, line 25, by striking the words
12   "required to" and inserting the following:  "who".
13     7.  Page 2, line 25, by striking the word and
14   figure "section 455B.191" and inserting the following:
15   "chapter 455B".
16     8.  Page 2, line 30, by striking the word and
17   figure "section 455B.191" and inserting the following:
18   "chapter 455B".
19     9.  Page 3, line 1, by inserting after the words
20   "related to" the following:  "cleaning up the site of
21   the confinement feeding operation, including".
22     10.  Page 3, line 4, by striking the word "two"
23   and inserting the following:  "one".
24     11.  Page 3, line 29, by striking the words "five
25   hundred thousand" and inserting the following:  "one
26   million".
27     12.  Page 4, by striking lines 3 through 6 and
28   inserting the following:  "The amount of the fees
29   shall be based on the following:
30     1.  If the animal feeding operation has an animal
31   weight capacity of less than six hundred twenty-five
32   thousand pounds, the following shall apply:
33     a.  For all animals other than poultry, the amount
34   of the fee shall be five cents per animal unit of
35   capacity for confinement feeding operations.
36     b.  For poultry, the amount of the fee shall be two
37   cents per animal unit of capacity for confinement
38   feeding operations.
39     2.  If the animal feeding operation has an animal
40   weight capacity of six hundred twenty-five thousand or
41   more pounds but less than one million two hundred
42   fifty thousand pounds, the following shall apply:
43     a.  For all animals other than poultry, the amount
44   of the fee shall be seven and one-half cents per
45   animal unit of capacity for confinement feeding
46   operations.
47     b.  For poultry, the amount of the fee shall be
48   three cents per animal unit of capacity for
49   confinement feeding operations.
50     3.  If the animal feeding operation has an animal
Page 4

 1   weight capacity of one million two hundred fifty
 2   thousand or more pounds, the following shall apply:
 3     a.  For all animals other than poultry, the amount
 4   of the fee shall be ten cents per animal unit of
 5   capacity for confinement feeding operations.
 6     b.  For poultry, the amount of the fee shall be
 7   four cents per animal unit of capacity for confinement
 8   feeding operations.
 9     The".
10     13.  Page 4, line 14, by inserting after the words
11   "costs of" the following:  "cleaning up the site of
12   the confinement feeding operation, including the costs
13   of".
14     14.  Page 4, line 32, by striking the word "fifty"
15   and inserting  the following:  "one hundred".
16     15.  Page 4, by striking lines 33 and 34 and
17   inserting the following:  "percent of the claim, as
18   provided in this section.  If".
19     16.  Page 5, by inserting after line 25 the
20   following:
21     "Sec. ___.  NEW SECTION.  204.4A  MANURE REMOVAL.
22     A county which has acquired real estate containing
23   a confinement feeding operation structure, as defined
24   in section 455B.161, following the nonpayment of taxes
25   pursuant to section 446.19, may remove and dispose of
26   the manure at any time, and seek reimbursement for the
27   costs of the removal and disposal from the person
28   abandoning the real estate.".
29     17.  Page 5, by inserting after line 33 the
30   following:
31     "Sec. ___.  Section 260E.3, Code 1995, is amended
32   by adding the following new subsection:
33     NEW SUBSECTION.  6.  After August 31, 1995, a
34   community college shall not enter into an agreement
35   for a project which includes program services for
36   employees of a confinement feeding operation as
37   defined in section 455B.161.
38     Sec. ___.  NEW SECTION.  455A.7A  ORGANIC NUTRIENT
39   MANAGEMENT BOARD.
40     1.  An organic nutrient management board is
41   established.  Sections 69.16 and 69.16A apply to the
42   composition of the board.  Members shall be entitled
43   to receive per diem as provided in section 7E.6 and
44   actual expenses.
45     2.  The board shall consist of the following:
46     a.  The following persons appointed as voting
47   members by the governor:
48     (1)  Four persons actively engaged in agricultural
49   production.  Each person must be a member of a
50   commodity organization or association which represents
Page 5

 1   agricultural producers generally.
 2     (2)  One person who is interested in environmental
 3   quality issues.  The person must be a member of an
 4   association or organization interested in the
 5   protection or preservation of the natural environment.
 6     b.  The following persons who shall serve as voting
 7   members:
 8     (1)  The director of the soil conservation division
 9   of the department of agriculture and land stewardship
10   or a designee.
11     (2)  The chairperson of the Iowa business council
12   or a designee.
13     c.  The following persons who shall serve as ex
14   officio nonvoting members:
15     (1)  A designee of the state office of the natural
16   resources conservation service of the United States
17   department of agriculture, upon request by the
18   governor.
19     (2)  The director of the department of natural
20   resources or the director's designee.
21     (3)  The dean of the college of agriculture at Iowa
22   state university or the dean's designee.
23     (4)  Four members of the general assembly two of
24   whom are state senators, one appointed by the
25   president of the senate, after consultation with the
26   majority leader of the senate, and one appointed by
27   the minority leader of the senate, after consultation
28   with the president of the senate, from their
29   respective parties; and two of whom are state
30   representatives appointed by the speaker of the house,
31   one from the majority party after consultation with
32   the majority leader of the house and one from the
33   minority party after consultation with the minority
34   leader of the house.
35     3.  The department shall furnish the board with a
36   meeting place, staff, and all articles, supplies, and
37   services necessary to enable the board to perform its
38   duties.
39     4.  The members appointed by the governor shall
40   serve three-year terms beginning and ending as
41   provided in section 69.19.  However, the governor
42   shall appoint some initial members to serve for less
43   than three years to ensure members serve staggered
44   terms.  A member appointed by the governor is eligible
45   for reappointment.  However, a member shall not serve
46   for more than two full consecutive terms.  A vacancy
47   on the board shall be filled for the unexpired portion
48   of the regular term in the same manner as regular
49   appointments are made.  The board shall elect a
50   chairperson each year and meet at least once every
Page 6

 1   three months, and at the call of the chairperson or
 2   upon the written request to the chairperson of three
 3   or more voting members.  Written notice of the time
 4   and place of the meeting shall be given to each
 5   member.  Four voting members constitute a quorum and
 6   the affirmative vote of a majority of the voting
 7   members present is necessary for any substantive
 8   action to be taken by the board, except that a lesser
 9   number may adjourn a meeting.  The majority shall not
10   include any member who has a conflict of interest and
11   a statement by a member that the member has a conflict
12   of interest is conclusive for this purpose.  A vacancy
13   in the membership does not impair the duties of the
14   board.
15     5.  The board shall do all of the following:
16     a.  Advise the department and the environmental
17   protection commission regarding manure management
18   practices.
19     b.  Study the effects of animal feeding operations
20   and recommend to the department and commission
21   solutions and policy or regulatory alternatives
22   relating to animal feeding operations, including
23   recommendations for rulemaking by the department
24   pursuant to chapter 17A or recommendations to the
25   general assembly.
26     c.  Designate to the farm assistance program
27   coordinator as provided in section 13.13, a nonprofit
28   organization to provide mediation services under
29   chapter 654C.  The board shall consider designating
30   the farm mediation service selected by the farm
31   assistance program coordinator to provide mediation
32   services under chapters 654A and 654B.  The board
33   shall forward its designation to the farm assistance
34   program coordinator not later than thirty days
35   following the board's receipt of a notice by the
36   coordinator of the expiration or termination of a
37   contract with a nonprofit organization providing
38   mediation services under chapter 654C.
39     d.  Consider rules submitted by a farm mediation
40   service to the board, and make comments or further
41   recommendations which shall be submitted to the farm
42   assistance program coordinator pursuant to section
43   13.15.
44     e.  Provide other information or perform other
45   duties which may be of assistance to animal feeding
46   operations.
47     Sec. ___.  Section 455B.109, subsection 4, Code
48   1995, is amended to read as follows:
49     4.  All civil penalties assessed by the department
50   and interest on the penalties shall be deposited in
Page 7

 1   the general fund of the state.  However, civil
 2   penalties assessed by the department and interest on
 3   the penalties, arising out of violations imposed upon
 4   a person obtaining a permit for the construction of an
 5   animal feeding operation, as provided in division II,
 6   part 2, shall be deposited in the manure storage
 7   indemnity fund as created in section 204.2.  Civil
 8   penalties assessed by the department and interest on
 9   the penalties arising out of a violation imposed upon
10   a person obtaining a permit for an animal feeding
11   operation as provided in division III, which may be
12   assessed pursuant to section 455B.191, shall be
13   deposited in the manure storage indemnity fund as
14   created in section 204.2.
15     Sec. ___.  NEW SECTION.  455B.110  ANIMAL FEEDING
16   OPERATIONS -- COMMISSION APPROVAL.
17     The department shall not initiate an enforcement
18   action in response to a violation by an animal feeding
19   operation as provided in this chapter or a rule
20   adopted pursuant to this chapter, or request the
21   commencement of legal action by the attorney general
22   pursuant to section 455B.141, unless the commission
23   has approved the intended action.  This section shall
24   not apply to an order to terminate an emergency issued
25   by the director pursuant to section 455B.175."
26     18.  Page 6, line 30, by striking the words
27   "SEPARATION DISTANCE" and inserting the following:
28   "ANIMAL FEEDING OPERATIONS".
29     19.  Page 6, line 30, by inserting after the word
30   "PART" the following:  "2".
31     20.  Page 7, line 25, by inserting after the word
32   "storage." the following:  "An animal feeding
33   operation does not include a livestock market."
34     21.  By striking page 7, line 32, through page 8,
35   line 6, and inserting the following:
36     "   .  "Commercial enterprise" means a building
37   which is used as a part of a business that
38   manufactures goods, delivers services, or sells goods
39   or services, which is customarily and regularly used
40   by the general public during the entire calendar year
41   and which is connected to utility services, which may
42   include electric, water, or sewer services.  A
43   commercial enterprise does not include a farm
44   operation."
45     22.  Page 8, line 22, by striking the word "twice"
46   and inserting the following:  "once".
47     23.  Page 8, line 35, by inserting after the word
48   "manure" the following:  "from a confinement feeding
49   operation".
50     24.  Page 9, by inserting after line 2 the
Page 8

 1   following:
 2     "   .  "Livestock market" means any place where
 3   animals are assembled from two or more sources for
 4   public auction, private sale, or on a commission
 5   basis, which is under state or federal supervision,
 6   including a livestock sale barn or auction market, if
 7   such animals are kept for ten days or less."
 8     25.  Page 9, by striking lines 6 through 8 and
 9   inserting the following:
10     "   .  "Public use area" means that portion of
11   public land where persons customarily congregate, or
12   where persons are planning to customarily congregate,
13   as provided for in a recreation master plan approved
14   by the area's policymaking body."
15     26.  Page 9, line 9, by striking the words
16   "building, constructed" and inserting the following:
17   "building".
18     27.  Page 9, by striking line 10 and inserting the
19   following:  "in which an active".
20     28.  Page 9, by inserting after line 11 the
21   following:
22     "17.  "Small animal feeding operation" means an
23   animal feeding operation which has an animal weight
24   capacity of two hundred thousand pounds or less for
25   animals other than beef cattle, or four hundred
26   thousand pounds or less for beef cattle."
27     29.  Page 9, by striking line 20 and inserting the
28   following:
29     "1.  Except as provided in subsection 2, the
30   following table shall apply to animal feeding
31   operation structures:
32     a.  The following table represents the minimum
33   separation".
34     30.  By striking page 9, line 25, through page 10,
35   line 13, and inserting the following:
36		"Minimum
37		separation
38		distance
39	Minimum	in feet               Minimum
40	separation	for opera-	 separation
41	distance	tions hav-	distance
42	in feet	ing an	in feet
43	for opera-	animal	for opera-
44	tions hav-	weight ca-	tions hav-
45	ing an	pacity of	ing an
46	animal	625,000	animal
47	weight ca-	or more	weight ca-
48	pacity of	pounds but	pacity of
49	less than	less than	1,250,000
50	625,000	1,250,000	or more
Page 9

 1	pounds	pounds	pounds
 2	for	for ani-	for
 3	animals	mals other	animals
 4	other	than beef	other
 5	than	cattle, or	than
 6	beef	1,600,000	beef
 7	cattle,	or more	cattle, or
 8	or less	pounds but	3,200,000
 9	than	less than	or more
10	1,600,000	3,200,000	pounds
11	pounds	pounds	for
12	for beef	for beef	beef
13  Type of structure	cattle	cattle	cattle
14  Anaerobic lagoon	1,250	1,875	2,500
15  Uncovered earthen
16  manure storage
17   basin	1,250	1,875	2,500
18  Uncovered formed
19   manure storage
20   structure	1,000	1,500	2,000
21  Covered earthen
22   manure storage
23   basin	   750	1,000	1,500
24  Covered formed
25  manure storage
26   structure	   750	1,000 	1,500
27  Confinement
28   building 	   750	1,000	1,500
29  Egg washwater
30  storage structure 	   750	1,000	1,500".
31     31.  Page 10, line 14, by striking the figure
32   "2." and inserting the following:  "b."
33     32.  Page 10, line 16, by inserting after the word
34   "or" the following:  "a residence not owned by the
35   owner of the animal feeding operation, a commercial
36   enterprise, a bona fide religious institution, or an
37   educational institution located within".
38     33.  Page 10, by striking lines 18 through 31 and
39   inserting the following:

40	"Minimum
41	separation
42	distance
43      	Minimum	in feetMinimum
44                           separation  for opera-  separation
45                           distance    tions hav-  distance
46                           in feet     ing an      in feet
47                           for opera-  animal      for opera-
48                           tions hav-  weight ca-  tions hav-
49                           ing an      pacity of   ing an
50                           animal      625,000     animal
Page 10

 1	weight ca-	or more	weight ca-
 2	pacity of	pounds but	pacity of
 3	less than	less than	1,250,000
 4	625,000	1,250,000	or more
 5	pounds	pounds	pounds
 6	for	for ani-	for
 7	animals	mals other	animals
 8	other	than beef	other
 9	than	cattle, or	than
10	beef	1,600,000	beef
11	cattle,	or more	cattle, or
12	or less	pounds but	3,200,000
13	than	less than	or more
14	1,600,000	3,200,000	pounds
15	 pounds	pounds	for
16	for beef	for beef	beef
17  Type of structure	cattle	cattle	cattle
18  Animal feeding
19   operation structure	1,250	1,875	2,500".
20     34.  Page 10, by inserting before line 32 the
21   following:
22     "2.  A confinement feeding operation having an
23   animal weight capacity of one million two hundred
24   fifty thousand or more pounds for animals other than
25   beef cattle, or three million two hundred thousand or
26   more pounds for beef cattle, shall only use a
27   confinement feeding operation, which, to every extent
28   practicable, incorporates generally accepted methods
29   and techniques for the treatment and stabilization of
30   sewage originating from human populations, according
31   to rules adopted by the department.  The type and
32   degree of treatment technology required to be
33   installed shall be based on the size of the
34   confinement feeding operation.  The rules shall
35   require that a confinement feeding operation subject
36   to this subsection, and constructed on or after the
37   effective date of this Act, be required to install a
38   treatment system employing bacterial action which is
39   maintained by the utilization of air or oxygen, and
40   which shall include aeration equipment.  The equipment
41   shall be installed, operated, and maintained in
42   accordance with the manufacturer's instructions and
43   the requirements of rules adopted pursuant to this
44   subsection.  This subsection shall not apply to a
45   confinement feeding operation which stores manure as
46   dry matter, or to an egg washwater storage structure."
47     35.  Page 11, line 34, by striking the words "An
48   animal feeding operation" and inserting the following:
49   "A confinement feeding operation structure".
50     36.  Page 12, by striking lines 3 and 4 and
Page 11

 1   inserting the following:  "confinement feeding
 2   operation which qualifies as a small animal feeding
 3   operation."
 4     37.  Page 12, line 28, by inserting after the word
 5   "institution," the following:  "commercial
 6   enterprise".
 7     38.  Page 12, line 29, by inserting before the
 8   word "religious" the following:  "bona fide".
 9     39.  Page 12, line 30, by inserting after the
10   words "educational institution," the following:
11   "commercial enterprise,".
12     40.  Page 12, line 30, by inserting before the
13   word "religious" the following:  "bona fide".
14     41.  Page 13, by inserting after line 2 the the
15   following:
16     "Sec. ___.  NEW SECTION.  455B.166  PUBLIC
17   HEARINGS.
18     A city, upon request, shall hold a public hearing
19   of residents who are affected by the construction or
20   expansion of the animal feeding operation within the
21   corporate limits of the city.  A county, upon request,
22   shall hold a public hearing of residents who are
23   affected by the construction or expansion of an animal
24   feeding operation within the county.  The hearing
25   shall be held within thirty days of a request for a
26   public hearing by a resident.  The city or county
27   shall provide ten days' advance notice of the date,
28   time, and location of the public hearing."
29     42.  Page 13, line 13, by inserting after the word
30   "disposal." the following:  "An animal feeding
31   operation does not include a livestock market as
32   defined in section 455B.161."
33     43.  Page 13, by inserting after line 13 the
34   following:
35     "NEW SUBSECTION.  1B.  "Animal weight capacity"
36   means the same as defined in section 455B.161."
37     44.  Page 13, by inserting after line 20 the
38   following:
39     "NEW SUBSECTION.  23A.  "Small animal feeding
40   operation" means the same as defined in section
41   455B.161."
42     45.  Page 14, line 8, by inserting after the
43   figure "12." the following:  "a."
44     46.  Page 14, line 13, by inserting after the word
45   "operations." the following:  "The department shall
46   not require that a person obtain a permit for the
47   construction of an animal feeding operation structure,
48   if the structure is part of a small animal feeding
49   operation."
50     47.  Page 14, line 15, by inserting after the word
Page 12

 1   "permit." the following:  "The department shall not
 2   approve a permit for the construction of three or more
 3   animal feeding operation structures unless the
 4   applicant files a statement approved by a professional
 5   engineer registered pursuant to chapter 542B
 6   certifying that the construction of the animal feeding
 7   operation structure will not impede the drainage
 8   through established drainage tile lines which cross
 9   property boundary lines unless measures are taken to
10   reestablish the drainage prior to completion of
11   construction."
12     48.  Page 14, line 18, by striking the words "the
13   construction of".
14     49.  Page 14, line 22, by inserting after the word
15   "permit." the following:  "An applicant for a
16   construction permit shall not begin construction at
17   the location of a site planned for the construction of
18   an animal feeding operation structure, until the
19   person has been granted a permit for the construction
20   of the structure by the department.  The department
21   shall make a determination regarding the approval or
22   denial of a permit within sixty days from the date
23   that the department receives a completed application
24   for a permit.  However, the sixty-day requirement
25   shall not apply to an application, if the applicant is
26   not required to obtain a permit in order to construct
27   an animal feeding operation structure or to operate an
28   animal feeding operation."
29     50.  Page 14, by striking line 26 and inserting
30   the following:  "confinement feeding operation or
31   confinement feeding operation structure".
32     51.  Page 14, line 30, by striking the word "may"
33   and inserting the following:  "shall".
34     52.  Page 14, line 31, by inserting after the word
35   "supervisors," the following:  "regarding compliance
36   by the applicant with the legal requirements for the
37   construction of the confinement feeding operation
38   structure as provided in this chapter, and rules
39   adopted by the department pursuant to this chapter,".
40     53.  Page 15, line 9, by striking the word
41   "subsection" and inserting the following:
42   "paragraph".
43     54.  Page 15, line 13, by striking the word
44   "subsection" and inserting the following:
45   "paragraph".
46     55.  Page 15, line 14, by striking the word
47   "offense" and inserting the following:  "violation".
48     56.  Page 15, line 14, by striking the word
49   "animal" and inserting the following:  "confinement".
50     57.  Page 15, line 17, by striking the word
Page 13

 1   "offender" and inserting the following:  "violator".
 2     58.  Page 15, line 19, by striking the word
 3   "offender" and inserting the following:  "violator".
 4     59.  Page 15, line 20, by striking the word
 5   "offender" and inserting the following:  "violator".
 6     60.  Page 15, line 22, by striking the word
 7   "offenders" and inserting the following:  "violators".
 8     61.  Page 15, by inserting after line 26 the
 9   following:
10     "b.  Provide for the issuance of permits for the
11   application of manure by spray irrigation equipment.
12   The department shall revoke a permit issued to a
13   person, and shall not issue a permit to a person,
14   under this paragraph, for five years after the date of
15   the last offense committed by the person or a
16   confinement feeding operation in which the person
17   holds a controlling interest, during which the person
18   or operation is classified as a habitual violator
19   under section 455B.191."
20     62.  Page 15, line 30, by striking the word
21   "offender" and inserting the following:  "violator".
22     63.  Page 15, line 31, by inserting after the word
23   "each" the following:  "subsequent violation for
24   each".
25     64.  Page 15, line 31, by striking the word
26   "offense" and inserting the following:  "violation".
27     65.  Page 15, line 33, by striking the word
28   "offender" and inserting the following:  "violator".
29     66.  Page 15, line 33, by striking the word
30   "offenses" and inserting the following:  "violations".
31     67.  Page 15, by striking lines 34 and 35, and
32   inserting the following:  "as described in this
33   subsection.  To be considered a violation that is
34   applicable to a habitual violator determination, a
35   violation must have been committed prior to the
36   effective date of this Act and be subject to an action
37   which is pending on the effective date of this Act, or
38   the violation must be committed on or after the
39   effective date of this Act.  In addition, each
40   violation must be subject to the assessment".
41     68.  Page 16, line 2, by striking the words
42   "offense, counting any offense" and inserting the
43   following:  "violation provided in this subsection,
44   counting any violation".
45     69.  Page 16, line 5, by striking the word
46   "offender" and inserting the following:  "violator".
47     70.  Page 16, line 6, by striking the word
48   "animal" and inserting the following:  "confinement".
49     71.  Page 16, line 8, by striking the word
50   "offenses" and inserting the following:  "violations".
Page 14

 1     72.  Page 16, line 9, by striking the word
 2   "offenses" and inserting the following:  "violations".
 3     73.  Page 16, line 10, by striking the word
 4   "offense" and inserting the following:  "violation".
 5     74.  Page 16, line 11, by striking the word
 6   "offense" and inserting the following:  "violation".
 7     75.  Page 16, line 11, by striking the word
 8   "offenses" and inserting the following:  "violations".
 9     76.  Page 16, by striking line 12 and inserting
10   the following:  "separate violations regardless of
11   whether the violations were".
12     77.  Page 16, line 13, by striking the word
13   "offense" and inserting the following:  "violation".
14     78.  Page 17, line 14, by striking the word
15   "offender" and inserting the following:  "violator".
16     79.  Page 17, line 18, by striking the words
17   "required to obtain" and inserting the following:
18   "obtaining".
19     80.  Page 17, line 29, by inserting after the word
20   "surface" the following:  "water".
21     81.  Page 17, line 30, by inserting before the
22   word "this" the following:  "the provisions of state
23   law, including".
24     82.  Page 17, by inserting after line 34 the
25   following:
26     "   .  The owner of the confinement feeding
27   operation which discontinues the use of the operation
28   shall remove all manure from related confinement
29   feeding operation structures used to store manure, by
30   a date specified in an order issued to the operation
31   by the department of natural resources, or six months
32   following the date that the confinement feeding
33   operation is discontinued, whichever is earlier."
34     83.  Page 17, by inserting after line 34 the
35   following:
36     "   .  A person shall not apply manure by spray
37   irrigation equipment, unless the person holds a permit
38   issued by the department authorizing such application,
39   as provided in section 455B.173."
40     84.  By striking page 17, line 35, through page
41   19, line 33, and inserting the following:
42     "Sec. ___.  NEW SECTION.  455B.202  MANURE
43   MANAGEMENT PLAN -- REQUIREMENTS.
44     1.  In order to receive a permit for the
45   construction of a confinement feeding operation as
46   provided in section 455B.173, a person shall submit a
47   manure management plan to the department together with
48   the application for a construction permit.
49     2.  A manure management plan shall include all of
50   the following:
Page 15

 1     a.  Calculations necessary to determine the land
 2   area required for the application of manure from a
 3   confinement feeding operation based on nitrogen use
 4   levels in order to obtain optimum crop yields
 5   according to a crop schedule specified in the plan,
 6   and according to requirements adopted by the
 7   department after receiving recommendations from the
 8   organic nutrient management advisory board established
 9   pursuant to section 455A.7A.
10     b.  Manure nutrient levels as determined by either
11   manure testing or accepted standard manure nutrient
12   values.
13     c.  Manure application methods, timing of manure
14   application, and the location of the manure
15   application.
16     d.  If the location of the application is on land
17   other than land owned by the person applying for the
18   construction permit, the plan shall include a copy of
19   each written agreement executed between the person and
20   the landowner where the manure will be applied.
21     e.  An estimate of the annual livestock production
22   and manure volume or weight produced by the
23   confinement feeding operation.
24     f.  Methods, structures, or practices to prevent or
25   diminish soil loss and potential surface water
26   pollution.
27     g.  Methods or practices to minimize potential
28   odors caused by the application of manure by the use
29   of spray irrigation equipment.
30     3.  A person classified as a habitual violator or a
31   confinement feeding operation in which a habitual
32   violator owns a controlling interest, as provided in
33   section 455B.191, shall submit a manure management
34   plan to the department on an annual basis, which must
35   be approved by the department for the following year
36   of operation."
37     85.  By striking page 19, line 34, through page
38   20, line 10.
39     86.  Page 20, by striking lines 12 through 14 and
40   inserting the following:  "operation at any time
41   during normal working hours.  The department shall
42   regularly".
43     87.  Page 20, line 17, by striking the word
44   "offender" and inserting the following:  "violator".
45     88.  Page 20, line 23, by striking the words
46   "required to submit" and inserting the following:
47   "submitting".
48     89.  Page 21, by striking lines 8 through 11 and
49   inserting the following:  "known sinkhole, or a
50   cistern, abandoned well, unplugged agricultural
Page 16

 1   drainage well, agricultural drainage well surface
 2   inlet, drinking water well, or lake, or a farm pond or
 3   privately owned lake as defined in section 462A.2."
 4     90.  Page 21, by inserting before line 12 the
 5   following:
 6     "Sec. ___.  NEW SECTION.  654C.1  DEFINITIONS.
 7     As used in this chapter, unless otherwise required:
 8     1.  "Animal feeding operation structure" means the
 9   same as defined in section 455B.161.
10     2.  "Dispute" means a controversy between a
11   permittee and a neighbor, which arises from
12   negotiations between the parties to establish an
13   animal feeding operation structure within the
14   separation distance.
15     3.  "Farm mediation service" means the organization
16   selected pursuant to section 13.13.
17     4.  "Neighbor" means a person benefiting from a
18   separation distance required pursuant to section
19   455B.162, including a person owning a residence other
20   than the owner of the animal feeding operation, a
21   commercial enterprise, bona fide religious
22   institution, educational institution, or a city,
23   authorized to execute a waiver.
24     5.  "Participate" or "participation" means
25   attending a mediation meeting, and having knowledge
26   about and discussing issues concerning a subject
27   relating to a dispute.
28     6.  "Permittee" means a person obtaining a permit
29   for the construction of an animal feeding operation
30   structure as provided in section 455B.173.
31     7.  "Waiver" means a waiver executed between a
32   permittee and a neighbor as provided in section
33   455B.165.
34     Sec. ___.  NEW SECTION.  654C.2  MEDIATION
35   PROCEEDINGS.
36     1.  A person who is a permittee or a neighbor may
37   file a request for mediation with the farm mediation
38   service.  Upon receipt of the request for mediation,
39   the farm mediation service shall conduct an initial
40   consultation with each party to the dispute privately
41   and without charge.  Mediation shall be cancelled
42   after the initial consultation, unless both parties
43   agree to proceed.
44     2.  Both parties to the dispute shall file with the
45   farm mediation service information required by the
46   service to conduct mediation.
47     3.  Unless mediation is cancelled, within twenty-
48   one days after receiving a mediation request, the farm
49   mediation service shall send a mediation meeting
50   notice to all parties to the dispute setting a time
Page 17

 1   and place for an initial mediation meeting between the
 2   parties and a mediator directed by the farm mediation
 3   service to assist in mediation.  An initial mediation
 4   meeting shall be held within twenty-one days of the
 5   issuance of the mediation meeting notice.
 6     Sec. ___.  NEW SECTION.  654C.3  DUTIES OF THE
 7   MEDIATOR.
 8     At the initial mediation meeting and subsequent
 9   meetings, the mediator shall:
10     1.  Listen to all involved parties.
11     2.  Attempt to mediate between all involved
12   parties.
13     3.  Encourage compromise and workable solutions.
14     4.  Advise, counsel, and assist the parties in
15   attempting to arrive at an agreement for the future
16   conduct of relations among themselves.
17     Sec. ___.  NEW SECTION.  654C.4  MEDIATION PERIOD.
18     The mediator may call mediation meetings during the
19   mediation period, which is up to forty-two days after
20   the farm mediation service received the mediation
21   request.  However, if all parties consent, mediation
22   may continue after the end of the mediation period.
23     Sec. ___.  NEW SECTION.  654C.5  MEDIATION
24   AGREEMENT.
25     1.  If an agreement is reached between all parties,
26   the mediator shall draft a written mediation
27   agreement, which shall be signed by the parties.  The
28   mediation release shall provide for a waiver which the
29   mediator shall file in the office of the recorder of
30   deeds of the county in which the benefited land is
31   located, as provided in section 455B.165.  The
32   mediator shall forward a mediation agreement to the
33   farm mediation service.
34     2.  The parties shall participate in at least one
35   mediation meeting.  A party to a dispute may be
36   represented by another person, if the person
37   participates in mediation and has authority to discuss
38   the dispute on behalf of the party being represented.
39   This section does not require a party to reach an
40   agreement.  This section does not require a person to
41   change a position, alter an activity which is a
42   subject of the dispute, alter an application for a
43   permit for construction of an animal feeding
44   operation, or restructure a contract.
45     3.  The parties to the mediation agreement may
46   enforce the mediation agreement as a legal contract.
47     4.  If the parties do not agree to proceed with
48   mediation, or if a mediation agreement is not reached,
49   the parties may sign a statement prepared by the
50   mediator that mediation proceedings were not conducted
Page 18

 1   or concluded or that the parties did not reach an
 2   agreement.
 3     Sec. ___.  NEW SECTION.  654C.6  EXTENSION OF
 4   DEADLINES.
 5     Upon petition by all parties, the farm mediation
 6   service may, for good cause, extend a deadline imposed
 7   by section 654B.2 or 654B.4 for up to thirty days.
 8     Sec. ___.  NEW SECTION.  654C.7  EFFECT OF
 9   MEDIATION.
10     An interest in property or rights and obligations
11   under a contract are not affected by the failure of a
12   person to obtain a mediation agreement."
13     91.  Page 21, by inserting before line 12 the
14   following:
15     "Sec. ___.  Section 657.1, Code 1995, is amended to
16   read as follows:
17     657.1  NUISANCE -- WHAT CONSTITUTES -- ACTION TO
18   ABATE.
19     Whatever is injurious to health, indecent, or
20   unreasonably offensive to the senses, or an
21   obstruction to the free use of property, so as
22   essentially to interfere with the comfortable
23   enjoyment of life or property, is a nuisance, and a
24   civil action by ordinary proceedings may be brought to
25   enjoin and abate the same and to recover damages
26   sustained on account thereof.
27     Sec. ___.  Section 657.2, subsection 1, Code 1995,
28   is amended to read as follows:
29     1.  The erecting, continuing, or using any building
30   or other place for the exercise of any trade,
31   employment, or manufacture, which, by occasioning
32   noxious exhalations, unreasonably offensive smells, or
33   other annoyances, becomes injurious and dangerous to
34   the health, comfort, or property of individuals or the
35   public."
36     92.  By striking page 21, line 25, through page
37   22, line 30, and inserting the following:
38     "   .  If a person obtains all applicable permits
39   as required in chapter 455B for an animal feeding
40   operation as defined in section 455B.161, and if the
41   animal feeding operation complies with federal
42   statutes and regulations and state statutes and rules,
43   there shall be a rebuttable presumption that the
44   animal feeding operation is not a public or private
45   nuisance under this chapter or under principles of
46   common law, regardless of the established date of the
47   animal feeding operation's construction or expansion,
48   or whether the person is required to obtain a permit
49   or has obtained a permit voluntarily.  However, if a
50   person submits a manure management plan as required
Page 19

 1   pursuant to section 455B.203 for a small animal
 2   feeding operation, the person is not required to
 3   obtain a permit as provided in section 455B.173 in
 4   order to enjoy the same nuisance suit protection.  The
 5   rebuttable presumption may be overcome by clear and
 6   convincing evidence that the animal feeding operation
 7   unreasonably and continuously interferes with an
 8   adjoining landowner's use and enjoyment of the
 9   landowner's real property in a manner that causes harm
10   to the use and enjoyment of the landowner's real
11   property.  This nuisance suit protection includes
12   protection for, but is not limited to, the care and
13   feeding of animals; the handling or transportation of
14   animals; the treatment or disposal of wastes resulting
15   from animals; the transportation and application of
16   animal wastes; and the creation of noise, odor, dust,
17   or fumes arising from an animal feeding operation.
18        .  If a claim contains an averment of a public
19   or private nuisance, it shall be accompanied by a
20   verification.  The verification shall constitute a
21   certification by the signor that the party and the
22   party's attorney have carefully read the pleadings,
23   motions, or other papers of the case, and based on a
24   reasonable inquiry, believe that the claim is well
25   grounded in fact, is warranted by existing law, or a
26   good faith argument can be made for the extension,
27   modification, or reversal of existing law; or that the
28   claim is not made for an improper purpose, including
29   to harass, to cause unnecessary delay, or to impose a
30   needless increase in the cost of litigation.  The
31   court, upon motion or its own initiative, shall award
32   the prevailing party costs of an action, which shall
33   be paid by the losing party or the losing party's
34   attorney, and which costs may include but are not
35   limited to reasonable attorney fees, if the action is
36   based upon a claim of public or private nuisance,
37   which is not well grounded in fact and is not
38   warranted by existing law or a good faith argument for
39   the extension, modification, or reversal of existing
40   law, or is brought for an improper purpose.
41        .  The nuisance suit protection provided in this
42   section does not apply to a nuisance action brought
43   against an animal feeding operation which arises out
44   of an injury to a person or damages to property caused
45   by the animal feeding operation before the effective
46   date of this Act.  If the applicable permits are or
47   the manure management plan is obtained on or after the
48   effective date of this Act, the nuisance suit
49   protection does not apply to injury or damages caused
50   before the date the applicable permits are obtained or
Page 20

 1   the manure management plan is submitted."
 2     93.  Page 23, line 15, by striking the word and
 3   figures "March 31, 2005" and inserting the following:
 4   "July 1, 1995".
 5     94.  Page 25, line 4, by striking the word
 6   "Seventy-fifth" and inserting the following:
 7   "Seventy-sixth".
 8     95.  Page 25, line 16, by striking the word
 9   "shall" and inserting the following:  "may".
10     96.  Page 25, line 19, by inserting after the
11   figure "266.39." the following:  "The identity of the
12   ten animal feeding operations shall be confidential
13   and not subject to chapter 22.  The findings of the
14   study shall not be used in a case or proceeding
15   brought against a person based upon a violation of
16   state law."
17     97.  Page 25, by inserting after line 21, the
18   following:
19     "Sec. ___.  INTERIM STUDY COMMITTEE -- LIVESTOCK
20   PRODUCTION.
21     1.  The legislative council is requested to
22   establish an interim study committee to examine the
23   practices engaged in by packers, processors, and
24   buyers, including persons regulated by the grain
25   inspection, packers and stockyards administration,
26   United States department of agriculture, under the
27   federal Packers and Stockyards Act of 1921, as
28   amended, 21 U.S.C. </g> 181, et seq.  The interim
29   committee shall study the following issues:
30     a.  The increasing degree of vertical integration
31   of the livestock market by packers and processors,
32   including threats to economic competition, independent
33   production, and consumer protection.
34     b.  Market practices engaged in by packers,
35   processors, or buyers which increasingly threaten open
36   and fair markets, by establishing arbitrary and
37   inconsistent pricing without public disclosure or
38   price discovery mechanisms, including price
39   differences based on the time of delivery, transaction
40   volume, and private pricing arrangements under
41   contract.
42     2.  The interim committee shall hold a public
43   hearing in each congressional district.
44     3.  The interim committee shall report its findings
45   and recommendations to the general assembly not later
46   than the first day of the 1996 legislative session,
47   unless another date is established by the legislative
48   council."
49     98.  Page 25, by inserting before line 22 the
50   following:
Page 21

 1     "Sec. ___.  SEVERABILITY.  If any provision of this
 2   Act or the application of this Act to any person or
 3   circumstance is held invalid, the invalidity does not
 4   affect other provisions or applications of this Act
 5   which shall be given effect without the invalid
 6   provision or application, and to this end the
 7   provisions of this Act are severable."
 8     99.  By renumbering, relettering, or redesignating
 9   and correcting internal references as necessary.
Eddie of Buena Vista offered amendment H-4145, to the Senate
amendment H-4033, filed by him from the floor as follows:
H-4145
 1     Amend the Senate amendment, H-4033, to House File
 2   519, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 10 through 31 and
 5   inserting the following:  "in chapters 654A and,
654B,
 6   and 654C.  The contract shall be awarded to the
 7   organization by July 1, 1990.  The contract may be
 8   terminated by the coordinator upon written notice and
 9   for good cause.  The organization awarded the contract
10   is designated as the farm mediation service for the
11   duration of the contract.  The organization may,".
12     2.  By striking page 1, line 36, through page 2,
13   line 35, and inserting the following:
14     "Sec. ___.  Section 13.15, unnumbered paragraph 1,
15   Code 1995, is amended to read as follows:
16     The farm mediation service shall recommend rules to
17   the farm assistance program coordinator.  The
18   coordinator shall adopt rules pursuant to chapter 17A
19   to set the compensation of mediators and to implement
20   this subchapter and chapters 654A, and 654B, and
21   654C.""
22     3.  Page 2, line 49, by striking the word "pond,"
23   and inserting the following:  "pond".
24     4.  Page 3, line 1, by striking the word "outlet"
25   and inserting the following:  "inlet".
26     5.  Page 3, by inserting after line 10 the
27   following:
28     "   .  Page 2, line 8, by inserting after the word
29   "of" the following:  "a manure storage structure,
30   or"."
31     6.  Page 3, by striking lines 11 through 18 and
32   inserting the following:
33     "   .  Page 2, by striking lines 25 through 30 and
34   inserting the following:  "to chapter 455B, against
35   permittees; moneys paid as a settlement involving an
36   enforcement action for a civil penalty subject to
37   assessment and collection against permittees by the
38   department of natural resources pursuant to chapter
39   455B; interest, property, and securities"."
40     7.  Page 3, by striking lines 22 and 23 and
41   inserting the following:
42     "   .  Page 3, by striking lines 4 and 5 and
43   inserting the following:  "fiscal year, the department
44   shall not use more than one percent of the total
45   amount which is available in the fund or ten thousand
46   dollars, whichever is less, to pay"."
47     8.  Page 3, line 30, by striking the words "animal
48   feeding" and inserting the following:  "confinement
49   feeding".
50     9.  Page 3, line 39, by striking the words "animal

Page 2  

 1   feeding" and inserting the following:  "confinement
 2   feeding".
 3     10.  Page 3, line 50, by striking the words
 4   "animal feeding" and inserting the following:
 5   "confinement feeding".
 6     11.  Page 4, by inserting after line 18 the
 7   following:
 8     "   .  Page 5, line 25, by inserting after the
 9   word "fund" the following:  "to pay the claim by the
10   county"."
11     12.  Page 4, line 21, by striking the words
12   "MANURE REMOVAL" and inserting the following:  "SITE
13   CLEANUP".
14     13.  Page 4, by striking lines 25 and 26 and
15   inserting the following:  "pursuant to section 446.19,
16   may cleanup the site, including removing and disposing
17   of manure at any time.  The county may seek
18   reimbursement including by bringing an action for
19   the".
20     14.  Page 4, by striking line 28 and inserting the
21   following:  "abandoning the real estate.
22     A person cleaning up a site located on real estate
23   acquired by a county may dispose of any building or
24   equipment used in the confinement feeding operation
25   located on the land according to rules adopted by the
26   department of natural resources pursuant to chapter
27   17A, which apply to the disposal of farm buildings or
28   equipment by an individual or business organization.""
29     15.  By striking page 4, line 38, through page 6,
30   line 46.
31     16.  Page 7, by striking lines 3 through 5 and
32   inserting the following:  "penalties, arising out of
33   violations committed by animal feeding operations
34   under division II,".
35     17.  Page 7, by striking lines 9 through 11 and
36   inserting the following:  "the penalties arising out
37   of violations committed by animal feeding operations
38   under division III, which may be".
39     18.  Page 7, line 23, by inserting after the word
40   "shall" the following:  "not apply to an enforcement
41   action in which the department enforces a civil
42   penalty of three thousand dollars or less.  This
43   section shall also".
44     19.  Page 7, by striking lines 41 and 42 and
45   inserting the following:  "and which is connected to
46   electric, water, and sewer systems.  A".
47     20.  Page 7, by inserting before line 45 the
48   following:
49     "   .  Page 8, by inserting after line 17 the
50   following:

Page 3

 1     "   .  "Covered" means organic or inorganic
 2   material placed upon an animal feeding operation
 3   structure used to store manure as provided by rules
 4   adopted by the department after receiving
 5   recommendations which shall be submitted to the
 6   department by the college of agriculture at Iowa state
 7   university.""
 8     21.  Page 8, by striking lines 10 through 14 and
 9   inserting the following:
10     ""   .  "Public use area" means that portion of
11   land owned by the United States, the state, or a
12   political subdivision with facilities which attract
13   the public to congregate and remain in the area for
14   significant periods of time, as provided by rules
15   which shall be adopted by the department pursuant to
16   chapter 17A.""
17     22.  Page 8, line 25, by striking the words "beef
18   cattle" and inserting the following:  "bovine".
19     23.  Page 8, by striking line 26 and inserting the
20   following:  "thousand pounds or less for bovine.
21        .  "Swine farrow-to-finish operation" means a
22   confinement feeding operation in which porcine are
23   produced and in which a primary portion of the phases
24   of the production cycle are conducted at one
25   confinement feeding operation.  Phases of the
26   production cycle include, but are not limited to,
27   gestation, farrowing, growing, and finishing.""
28     24.  Page 9, by striking lines 1 through 13 and
29   inserting the following:
30	"pounds	pounds	pounds
31	for 	for ani-	for
32	animals	mals other	ani-
33	other	than	mals
34	than	bovine, or	other
35	bovine,	1,600,000	than
36	or	 or more	 bovine,
37	less	pounds but	or
38	than	less than	4,000,000
39	1,600,000	4,000,000	or more
40	pounds	pounds	pounds
41   Type of structure       for bovine  for bovine  for bovine".
42     25.  Page 10, by striking lines 5 through 17 and
43   inserting the following:
44	 "pounds	pounds	pounds
45	 for	for ani-	for
46	animals	mals other	ani-
47	other	than	mals
48	than	bovine, or	other
49	bovine,	1,600,000	than
50	or	or more	 bovine,

Page 4

 1	less	pounds but	or
 2	than	less than	4,000,000
 3	1,600,000	4,000,000	or more
 4	pounds	pounds	pounds
 5   Type of structure	for bovine	for bovine	for bovine".
 6     26.  Page 10, by striking lines 22 through 46 and
 7   inserting the following:
 8     ""2.  a.  As used in this subsection, a "qualified
 9   confinement feeding operation" means a confinement
10   feeding operation having an animal weight capacity of
11   two million or more pounds for animals other than
12   animals kept in a swine farrow-to-finish operation or
13   bovine kept in a confinement feeding operation; a
14   swine farrow-to-finish operation having an animal
15   weight capacity of two million five hundred thousand
16   or more pounds; or a confinement feeding operation
17   having an animal weight capacity of four million or
18   more pounds for bovine.
19     b.  A qualified confinement feeding operation shall
20   only use an animal feeding operation structure which
21   employs bacterial action which is maintained by the
22   utilization of air or oxygen, and which shall include
23   aeration equipment.  The type and degree of treatment
24   technology required to be installed shall be based on
25   the size of the confinement feeding operation,
26   according to rules adopted by the department.  The
27   equipment shall be installed, operated, and maintained
28   in accordance with the manufacturer's instructions and
29   requirements of rules adopted pursuant to this
30   subsection.
31     c.  This subsection shall not apply to a
32   confinement feeding operation which stores manure as
33   dry matter, or to an egg washwater storage structure.
34   This subsection shall not apply to a confinement
35   feeding operation, if the operation was constructed
36   prior to the effective date of this Act, or the
37   department issued a permit prior to the effective date
38   of this Act for the construction of an animal feeding
39   operation structure connected to a confinement feeding
40   operation and the construction began prior to the
41   effective date of this Act.""
42     27.  Page 10, by inserting before line 47 the
43   following:
44     "   .  Page 11, line 23, by striking the words
45   "beef cattle" and inserting the following:  "bovine".
46        .  Page 11, line 25, by striking the words
47   "beef cattle" and inserting the following:  "bovine"."
48     28.  Page 11, by inserting after line 3 the
49   following:
50     "   .  Page 12, line 26, by inserting after the

Page 5

 1   word "residences" the following:  ", educational
 2   institutions, commercial enterprises, bona fide
 3   religious institutions, or public use areas,"."
 4     29.  Page 11, by striking lines 14 through 28.
 5     30.  Page 11, by striking lines 42 and 43.
 6     31.  Page 13, by striking lines 8 through 30 and
 7   inserting the following:
 8     "   .  Page 15, by striking lines 30 through 33
 9   and inserting the following:  "penalty upon a habitual
10   violator which shall not exceed twenty-five thousand
11   dollars for each day the violation continues.  The
12   increased penalty may be assessed for each violation
13   committed subsequent to the violation which results in
14   classifying the person as a habitual violator.  A
15   person shall be classified as a habitual violator, if
16   the person has committed three or more violations"."
17     32.  Page 13, by striking lines 35 through 39 and
18   inserting the following:  "violation must have been
19   committed on or after January 1, 1995.  In addition,
20   each violation must have been referred to the attorney
21   general for legal action under this chapter, and
22   each".
23     33.  Page 14, by inserting after line 13 the
24   following:
25     "   .  Page 17, line 2, by striking the word "the"
26   and inserting the following:  "a"."
27     34.  Page 14, by striking lines 16 through 18 and
28   inserting the following:
29     "   .  Page 17, by striking lines 17 through 19
30   and inserting the following:  "penalties and interest
31   earned on civil penalties, arising out of a violation
32   involving an animal feeding operation shall be
33   deposited in the manure"."
34     35.  Page 14, line 31, by striking the words "of
35   natural resources".
36     36.  Page 14, by striking lines 36 through 39 and
37   inserting the following:
38     ""   .  A person shall not apply manure by spray
39   irrigation equipment, except as provided by rules
40   which shall be adopted by the department pursuant to
41   chapter 17A.""
42     37.  Page 14, line 42, by striking the figure
43   "455B.202" and inserting the following:  "455B.203".
44     38.  Page 15, by striking lines 8 and 9 and
45   inserting the following:  "animal agriculture
46   consulting organization provided for in this Act."
47     39.  Page 15, line 21, by striking the word
48   "livestock" and inserting the following:  "animal".
49     40.  Page 15, by striking lines 37 through 42.
50     41.  Page 15, by inserting after line 44 the
Page 6

 1   following:
 2     "   .  Page 20, line 22, by inserting after the
 3   word "operation." the following:  "The department
 4   shall comply with section 455B.103 in conducting an
 5   investigation of the premises where the animals are
 6   kept.""
 7     42.  By striking page 15, line 48, through page
 8   16, line 3, and inserting the following:
 9     "   .  Page 21, by striking lines 8 through 11 and
10   inserting the following:  "designated area than
11   provided in section 159.27.""
12     43.  Page 16, lines 10 and 11, by striking the
13   words "a permittee" and inserting the following:  "an
14   owner".
15     44.  Page 16, by inserting after line 23, the
16   following:
17     "   .  "Owner" means the owner of an animal feeding
18   operation, as defined in section 455B.161, which
19   utilizes an animal feeding operation structure."
20     45.  Page 16, by striking lines 28 through 30.
21     46.  Page 16, lines 31 and 32, by striking the
22   words "a permittee" and inserting the following:  "an
23   owner".
24     47.  Page 16, line 36, by striking the words "a
25   permittee" and inserting the following:  "an owner".
26     48.  Page 17, line 28, by striking the word
27   "release" and inserting the following:  "agreement".
28     49.  Page 17, line 34, by inserting after the word
29   "parties" the following:  "agreeing to mediation".
30     50.  Page 18, line 7, by striking the figures and
31   word "654B.2 or 654B.4" and inserting the following:
32   "654C.2 or 654C.4".
33     51.  By striking page 18, line 13, through page
34   20, line 1, and inserting the following:
35     "   .  By striking page 21, line 12, through page
36   22, line 30, and inserting the following:
37     "Sec. ___.  Section 657.1, Code 1995, is amended to
38   read as follows:
39     657.1  NUISANCE -- WHAT CONSTITUTES -- ACTION TO
40   ABATE.
41     Whatever is injurious to health, indecent, or
42   unreasonably offensive to the senses, or an
43   obstruction to the free use of property, so as
44   essentially to unreasonably interfere with the
45   comfortable enjoyment of life or property, is a
46   nuisance, and a civil action by ordinary proceedings
47   may be brought to enjoin and abate the same and to
48   recover damages sustained on account thereof.
49     Sec. ___.  Section 657.2, subsection 1, Code 1995,
50   is amended to read as follows:
Page 7

 1     1.  The erecting, continuing, or using any building
 2   or other place for the exercise of any trade,
 3   employment, or manufacture, which, by occasioning
 4   noxious exhalations, unreasonably offensive smells, or
 5   other annoyances, becomes injurious and dangerous to
 6   the health, comfort, or property of individuals or the
 7   public.
 8     Sec. ___.  NEW SECTION.  657.11  ANIMAL FEEDING
 9   OPERATIONS.
10     1.  The purpose of this section is to protect
11   animal agricultural producers who manage their
12   operations according to state and federal requirements
13   from the costs of defending nuisance suits, which
14   negatively impact upon Iowa's competitive economic
15   position and discourage persons from entering into
16   animal agricultural production.  This section is
17   intended to promote the expansion of animal
18   agriculture in this state by protecting persons
19   engaged in the care and feeding of animals.  The
20   general assembly has balanced all competing interests
21   and declares its intent to protect and preserve animal
22   agricultural production operations.
23     2.  If a person has received all permits required
24   pursuant to chapter 455B for an animal feeding
25   operation, as defined in section 455B.161, there shall
26   be a rebuttable presumption that an animal feeding
27   operation is not a public or private nuisance under
28   this chapter or under principles of common law, and
29   that the animal feeding operation does not
30   unreasonably interfere with another person's
31   comfortable use and enjoyment of the person's life or
32   property under any other cause of action.  The
33   rebuttable presumption also applies to persons who are
34   not required to obtain a permit pursuant to chapter
35   455B for an animal feeding operation as defined in
36   section 455B.161.  The rebuttable presumption shall
37   not apply if the injury to a person or damage to
38   property is proximately caused by a failure to comply
39   with a federal statute or regulation or a state
40   statute or rule which applies to the animal feeding
41   operation.
42     3.  The rebuttable presumption may be overcome by
43   clear and convincing evidence of both of the
44   following:
45     a.  The animal feeding operation unreasonably and
46   continuously interferes with an adjoining landowner's
47   comfortable use and enjoyment of the landowner's life
48   or property.
49     b.  The injury or damage is proximately caused by
50   the negligent operation of the animal feeding
Page 8

 1   operation.
 2     For purposes of this section, "continuously" means
 3   more than a majority of the time.
 4     4.  The rebuttable presumption created by this
 5   section shall apply regardless of the established date
 6   of operation or expansion of the animal feeding
 7   operation.  The rebuttable presumption includes, but
 8   is not limited to, a defense for actions arising out
 9   of the care and feeding of animals; the handling or
10   transportation of animals; the treatment or disposal
11   of manure resulting from animals; the transportation
12   and application of animal manure; and the creation of
13   noise, odor, dust, or fumes arising from an animal
14   feeding operation.
15     5.  An animal feeding operation that complies with
16   the requirements in chapter 455B for animal feeding
17   operations shall be deemed to meet any common law
18   requirements regarding the standard of a normal person
19   living in the locality of the operation.
20     6.  A person who brings a losing cause of action
21   against a person for whom the rebuttable presumption
22   created under this section is not rebutted, shall be
23   liable to the person against whom the action was
24   brought for all costs and expenses incurred in the
25   defense of the action, if the court determines that a
26   claim is frivolous.
27     7.  The rebuttable presumption created in this
28   section does not apply to an injury to a person or
29   damages to property caused by the animal feeding
30   operation before the effective date of this Act.""
31     52.  Page 20, by striking lines 2 through 4.
32     53.  Page 20, by inserting before line 5 the
33   following:
34     "   .  Page 22, line 31, by striking the words
35   "CONSULTATION WITH INTERESTED ORGANIZATIONS." and
36   inserting the following:  "ANIMAL AGRICULTURE
37   CONSULTING ORGANIZATION."
38        .  Page 22, line 35, by inserting after the
39   word "association," the following:  "an organization
40   representing agricultural producers generally,".
41        .  Page 22, line 35, by inserting after the
42   word "university," the following:  "the soil
43   conservation division of the department of agriculture
44   and land stewardship,".
45        .  Page 23, by striking lines 4 through 8 and
46   inserting the following:  "Act, and the Act's
47   implementation.  The department shall consult with"."
48     54.  By renumbering as necessary.
Siegrist of Pottawattamie asked and received unanimous consent
to defer action on House File 519. 
(The Senate amendment H-4033 and amendment H-4145, to the Senate
amendment H-4033, pending.)
Disney of Polk in the chair at 11:43 a.m.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:50 a.m., until 1:00 p.m.


AFTERNOON SESSION
The House reconvened at 1:15 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed fifty-nine members present,
forty-one absent.
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 28, 1995, appointed the conference
committee to House File 528, a bill for an act relating to
criminal and juvenile justice, including authorizing the
suspension of the juvenile's motor vehicle license, authorizing
a criminal justice agency to retain a copy of a juvenile's
fingerprint card, providing that certain identifying information
regarding juveniles involved in delinquent acts is a public
record, exempting certain offenses from the jurisdiction of the
juvenile court, placing a juvenile in detention as a
dispositional alternative, waiving a juvenile to adult court,
the release or detention of certain criminal defendants pending
sentencing or appeal following conviction, limiting the
circumstances under which a juvenile may consume alcoholic
beverages, providing for notice to parents when a juvenile is
taken into custody for alcohol offenses, adding custody and
adjudication information regarding juveniles to state criminal
history files, establishing a juvenile justice task force,
authorizing the transmission of communicable disease information
by radio in certain circumstances, and enhancing or establishing
penalties and the members of the Senate are: The Senator from
Story, Senator Hammond, Chair; the Senator from Marshall,
Senator Giannetto; the Senator from Dubuque, Senator Connolly;
the Senator from Shelby, Senator Boettger and the Senator from
Polk, Senator Maddox.

Also: That the Senate has on April 28, 1995, amended and passed
the following bill in which the concurrence of the House is
asked:

House File 573, a bill for an act relating to economic
development by establishing a workforce development fund,
providing for the transfer of certain employer withholding
amounts to the workforce development fund, and establishing a
loan loss reserve program.

Also: That the Senate has on April 28, 1995, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 472, a bill for an act relating to the local option
sales and services tax by authorizing political subdivisions
that will receive revenues from the tax to issue bonds in
anticipation of the receipt of the revenues and providing an
effective date and a retroactive applicability date.
Also: That the Senate has on April 28, 1995, amended athe 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 475, a bill for an act relating to state financial
provisions and providing applicability provisions and effective
dates.
Also: That the Senate has, on April 28, 1995 insisted on its
amendment to Senate File 481, a bill for an act relating to and
making appropriations to the state department of transportation
including allocation and use of moneys from the general fund,
road use tax fund, and primary road fund, and making
appropriations to various state agencies for capital projects,
to the primary road fund, to county fairs and to the Iowa state
fair from the rebuild Iowa infrastructure account and the
general fund, relating to the living roadway trust fund and the
state roadside specialist, the primary road and state highway
system, and other transportation-related statutory changes,
requiring transportation-related studies, making technical
changes, and providing an effective date, and the members of the
Conference Committee on the part of the Senate are: The Senator
from Webster, Senator Halvorson, chair; the Senator from
Fayette, Senator Murphy; the Senator from Wapello, Senator
Gettings;  the Senator from Adair, Senator Douglas; the Senator
from Black Hawk, Senator Lind.
JOHN F. DWYER, Secretary
SENATE AMENDMENT FURTHER CONSIDERED
The House resumed consideration House File 519, a bill for an
act providing for the regulation of animal feeding operations,
fees, the expenditure of moneys, penalties, and an effective
date, the Senate amendment H-4033, found on pages 2064 through
2084, and amendment H-4145,  to the Senate amendment, found on
pages 2084 through 2091 of the House Journal, pending.
Greig of Emmet offered the following amendment H-4151, to
amendment H-4145 to the Senate amendment H-4033, filed by him
from the floor and moved its adoption:
H-4151
 1     Amend the amendment, H-4145, to Senate amendment,
 2   H-4033, to House File 519, as amended, passed, and
 3   reprinted by the House, as follows:
 4     1.  Page 1, by inserting after line 25 the
 5   following:
 6     "   .  Page 3, by inserting after line 3 the
 7   following:
 8     "   .  Page 1, by striking lines 17 and 18.""
 9     2.  Page 2, by inserting after line 28 the
10   following:
11     "   .  Page 4, by inserting before line 29 the
12   following:
13     "Sec. ___.  NEW SECTION.  204.4B  INAPPLICABILITY
14   TO CATTLE OPERATIONS.
15     This part shall not apply to a lot, yard, corral,
16   building, or other area in which cattle are confined,
17   fed, and maintained."""
18     3.  Page 2, by inserting after line 43 the
19   following:
20     "   .  Page 7, line 33, by inserting after the
21   word "market." the following:  "An animal feeding
22   operation does not include a lot, yard, corral,
23   building, or other area in which cattle are confined,
24   fed, and maintained.""
25     4.  Page 3, by striking lines 17 through 20 and
26   inserting the following:
27     "   .  Page 8, by striking lines 25 and 26 and
28   inserting the following:  "animals other than
29   cattle."""
30     5.  By striking page 3, line 28, through page 4,
31   line 5, and inserting the following:
32     "   .  By striking page 8, line 36, through page
33   9, line 13, and inserting the following:
34		"Minimum
35		separation
36		distance	Minimum
37	Minimum	in feet	separation
38	separation	for opera-	distance
39	distance	tions hav-	in feet
40	in feet	ing an	for opera-
41	for opera-	animal	tions hav-
42	tions hav-	weight ca-	ing an
43	ing an	pacity of	animal
44	animal	625,000	weight ca-
45	weight ca-	or more	pacity of
46	pacity of	pounds but	1,250,000
47	less than	less than	or more
48	625,000	1,250,000	pounds
49	pounds	pounds	for
50	for	for ani-	animals

Page 2  

 1	animals	mals other	other
 2	than	than	than
 3	cattle	cattle	cattle
 4   Type of structure"
 5        .  By striking page 9, line 40, through page
 6   10, line 17, and inserting the following:
 7		"Minimum
 8		separation
 9		distance
10	Minimum	in feet	Minimum
11	separation	for opera-	separation
12	distance	tions hav-	distance
13	in feet 	ing an	in feet
14	for opera-	animal	for opera-
15	tions hav-	weight ca-	tions hav-
16	ng an	pacity of	ing an
17	animal 	625,000	 animal
18	weight ca-	or more	weight ca-
19	pacity of	 pounds but	pacity of
20	ess than	less than	1,250,000
21	625,000	1,250,000	or more
22	pounds	 pounds	pounds
23	for	 for ani-	for
24	animals	 mals	animals
25	other	other	other
26	than	than	than
27	 cattle	cattle	cattle
28   Type of structure""
29     6.  Page 4, lines 12 and 13, by striking the words
30   "or bovine kept in a confinement feeding operation, a"
31   and inserting the following:  "; area".
32     7.  Page 4, by striking lines 16 through 18 and
33   inserting the following:  "or more pounds."
34     8.  Page 4, by striking lines 44 through 47 and
35   inserting the following:
36     "   .  Page 11, by inserting before line 29 the
37   following:
38     "   .  Page 13, by inserting after line 2 the
39   following:
40     "Sec. ___.  NEW SECTION.  455B.167  INAPPLICABILITY
41   TO CATTLE OPERATIONS.
42     This part shall not apply to a lot, yard, corral,
43   building, or other area in which cattle are confined,
44   fed, and maintained."""
45     9.  Page 5, by inserting before line 5 the
46   following:
47     "   .  Page 11, line 32, by inserting after the
48   figure "455B.161." the following:  "An animal feeding
49   operation does not include a lot, yard, corral,
50   building, or other area in which cattle are confined,

Page 3

 1   fed, and maintained.""
 2     10.  Page 6, by inserting after line 11 the
 3   following:
 4     "   .  Page 16, by inserting before line 4 the
 5   following:
 6     "   .  Page 21, by inserting before line 12 the
 7   following:
 8     "Sec. ___.  NEW SECTION.  455B.205  INAPPLICABILITY
 9   TO CATTLE OPERATIONS.
10     This part shall not apply to a lot, yard, corral,
11   building, or other area in which cattle are confined,
12   fed, and maintained."""
13     11.  Page 8, by inserting before line 38 the
14   following:
15     "   .  Page 22, line 33, by striking the words
16   "the Iowa cattlemen's association,"."
17     12.  By renumbering and correcting internal
18   references.

Roll call was requested by Greig of Emmet and Meyer of Sac.
Rule 75 was invoked.
On the question "Shall amendment H-4151, to amendment H-4145, to
the Senate amendment H-4033 be adopted?" (H.F. 519)
The ayes were, 48:
Baker          	Bell           	Bernau         	Boddicker
Brand          	Brunkhorst     	Burnett        	Cataldo
Connors        	Coon           	Doderer        	Drees
Ertl           	Fallon         	Garman         	Greig
Gries          	Hahn           	Halvorson      	Hammitt
Harper         	Holveck        	Jochum         	Koenigs
Kreiman        	Larkin         	Larson         	Mascher 
May            	McCoy          	Moreland       	Mundie
Murphy         	Myers          	Nelson, L.       	O'Brien 
Ollie          	Running        	Salton         	Schrader 
Schulte        	Shoultz        	Vande Hoef     	Warnstadt 
Weigel         	Welter         	Wise           	Witt
The nays were, 49:
Arnold         	Blodgett       	Boggess        	Bradley 
Branstad       	Brauns         	Carroll        	Churchill
Corbett, Spkr.	Cormack        	Cornelius      	Daggett 
Dinkla         	Disney         	Drake          	Eddie 
Gipp           	Greiner        	Grubbs         	Grundberg
Hanson         	Harrison       	Heaton         	Houser
Huseman        	Jacobs         	Klemme         	Kremer
Lamberti       	Lord           	Main           	Martin
Mertz          	Metcalf        	Meyer          	Millage
Nelson, B.      	Nutt           	Rants          	Renken
Siegrist       	Sukup          	Teig           	Thomson 
Tyrrell        	Van Fossen     	Veenstra       	Weidman 
Van Maanen,				   Presiding       	
Absent or not voting, 3:
Brammer        	Cohoon         	Hurley         	

Amendment H-4151 lost.
Greig of Emmet offered the following amendment H-4152, to
amendment H-4145 to the Senate amendment H-4033, filed by him
from the floor and moved its adoption:
H-4152
 1     Amend the amendment, H-4145, to Senate amendment H-
 2   4033, to House File 519, as amended, passed, and
 3   reprinted by the House, as follows:
 4     1.  Page 3, by inserting after the line 27 the
 5   following:
 6     "   .  Page 8, by striking lines 27 through 33."
 7     2.  Page 3, by inserting after line 41 the
 8   following:
 9     "   .  Page 9, by striking lines 31 and 32."
10     3.  Page 4, by striking lines 6 through 41 and
11   inserting the following:
12     "   .  Page 10, by striking lines 20 through 46."
Amendment H-4152 lost.
Mundie of Webster offered the following amendment H-4157, to
amendment H-4145 to the Senate amendment H-4033 filed by him
from the floor and moved its adoption:
H-4157
 1     Amend the amendment, H-4145, to the Senate
 2   amendment, H-4033, to House File 519, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 5, by striking lines 6 through 22 and
 5   inserting the following:
 6     "   .  Page 13, by striking lines 8 through 40 and
 7   inserting the following:
 8     "   .  Page 15, by striking lines 30 through 35
 9   and inserting the following:  "penalty upon a habitual
10   violator which shall not exceed twenty-five thousand
11   dollars for each day the violation continues.  A
12   person shall be classified as a habitual violator, if
13   the person has committed three or more violations as
14   described in this subsection prior to or after the
15   effective date of this Act, and was subject to the
16   assessment".""
Roll call was requested by Mundie of Webster and Koenigs of
Mitchell.
On the question "Shall amendment H-4157 be adopted?" (H.F. 519)
The ayes were, 38:
Arnold         	Bernau         	Brand          	Burnett
Churchill      	Connors        	Coon           	Cormack
Doderer        	Drees          	Fallon         	Garman
Grubbs         	Harper         	Holveck        	Jochum
Koenigs        	Kreiman        	Larkin         	Mascher
May            	McCoy          	Moreland       	Mundie
Murphy         	Myers          	Nelson, L.       	O'Brien
Ollie          	Running        	Schrader       	Shoultz
Sukup          	Teig           	Vande Hoef     	Warnstadt
Weigel         	Witt
The nays were, 53:
Baker          	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Branstad       	Brauns
Brunkhorst     	Carroll        	Cataldo        	Cornelius
Daggett        	Dinkla         	Disney         	Drake
Eddie          	Ertl           	Gipp           	Greiner
Hahn           	Halvorson      	Hammitt        	Hanson
Harrison       	Heaton         	Houser         	Huseman
Jacobs         	Klemme         	Kremer         	Lamberti 
Larson         	Lord           	Main           	Martin 
Mertz          	Metcalf        	Meyer          	Nelson, B.
Nutt           	Rants          	Renken         	Salton
Schulte        	Siegrist       	Thomson        	Tyrrell
Van Fossen     	Veenstra       	Weidman        	Welter
Van Maanen,
  Presiding

Absent or not voting, 9:
Brammer        	Cohoon                	Corbett, Spkr.	Greig
Gries          	Grundberg      	Hurley         	Millage
Wise
Amendment H-4157 lost.
Koenigs of Mitchell offered the following amendment H-4149, to
amendment H-4145 to the Senate amendment H-4033, filed by him
from the floor and moved its adoption:
H-4149
 1     Amend the amendment, H-4145, to the Senate
 2   amendment, H-4033, to House File 519, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 7, by striking lines 32 through 36 and
 5   inserting the following:  "property under any other
 6   cause of action.  The rebuttable presumption shall".
A non-record roll call was requested.
The ayes were 30, nays 52.
Amendment H-4149 lost.
Gipp of Winneshiek in the chair at 2:48 p.m.
Moreland of Wapello asked and received unanimous consent to
withdraw amendment H-4150, to amendment H-4145, to the Senate
amendment H-4033, filed by him from the floor.
Moreland of Wapello offered amendment H-4156, to amendment
H-4145 to the Senate amendment H-4033, filed by him from the
floor as follows:
H-4156
 1     Amend the amendment, H-4145, to the Senate
 2   amendment, H-4033, to House File 519, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  By striking page 7, line 43, through page 8,
 5   line 3, and inserting the following:  "clear and
 6   convincing evidence that the animal feeding operation
 7   unreasonably and continuously interferes with a
 8   person's comfortable use and enjoyment of the person's
 9   life or property."
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Blodgett of Cerro Gordo, for the remainder of the day, on
request of Siegrist of Pottawattamie.
Rants of Woodbury in the chair at 3:57 p.m.
Moreland of Wapello moved the adoption of amendment H-4156, to
amendment H-4145, to the Senate amendment H-4033.
A non-record roll call was requested.
The ayes were 38, nays 52.
Amendment H-4156 lost.
Speaker Corbett in the chair at 4:18 p.m.
Koenigs of Mitchell asked and received unanimous consent to
withdraw amendment H-4147, to amendment H-4145, to the Senate
amendment H-4033, filed by him from the floor.

Koenigs of Mitchell offered amendment H-4153, to amendment
H-4145 to the Senate amendment H-4033 filed by him from the
floor as follows:
H-4153
 1     Amend the amendment, H-4145, to the Senate
 2   amendment, H-4033, to House File 519, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  By striking page 6, line 33, through page 8,
 5   line 30.
Siegrist of Pottawattamie asked and received unanimous consent
to defer action on House File 519, amendment H-4153, to
amendment H-4145, to the Senate amendment H-4033 pending.
CONFERENCE COMMITTEE APPOINTED
(Senate File 481)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 481: Millage of Scott, Chair;
Brauns of Muscatine, Bradley of Clinton, Ollie of Clinton and
Warnstadt of Woodbury.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of House File 508, a bill for an
act relating to underground storage tanks by increasing the
environmental protection charge, providing for the use of
risk-based corrective action standards, expanding property
transfer insurance and loan guarantees, extending the compliance
date for upgrade requirements, creating marketability and
innocent landowner funds and providing benefits, requiring
certification of groundwater professionals and creating a
penalty, requiring a study, and providing for repeals, and
implementation, effective date, and retroactive applicability
provisions, previously deferred and placed on the unfinished
business calendar.
Ertl of Dubuque asked and received unanimous consent to withdraw
amendment H-3446 filed by him on March 23, 1995.
Gipp of  Winneshiek  asked and received unanimous consent to
withdraw amendment H-4064, filed by him and Witt of Black Hawk
on April 25, 1995.
Gipp of Winneshiek offered the following amendment H-4163 filed
by him and Witt from the floor and moved its adoption:
H-4163
 1     Amend House File 508 as follows:
 2     1.  Page 1, by striking lines 11 through 14 and
 3   inserting the following:
 4     "(2)  Beginning January 1, 1996, through December
 5   31, 1997, two million five hundred thousand dollars
 6   per quarter, shall be deposited into and credited to
 7   the Iowa comprehensive petroleum underground storage
 8   tank marketability fund created in section 455G.21.
 9   Beginning January 1, 1998, through December 31, 2002,
10   four million two hundred fifty thousand dollars per
11   quarter, shall be deposited into and credited to the
12   Iowa comprehensive petroleum underground storage tank
13   marketability fund created in section 455G.21.  The
14   moneys so deposited".
15     2.  Page 1, line 20, by striking the letter "a."
16     3.  By striking page 1, line 30, through page 2,
17   line 1.
18     4.  Page 2, line 31, by striking the word
19   "reclassifying" and inserting the following:
20   "classifying".
21     5.  Page 4, by inserting after line 20 the
22   following:
23     "(g)  Remediation shall not be required on a site
24   that does not present an increased cancer risk at the
25   point of exposure of one in one million for
26   residential areas or one in ten thousand for
27   nonresidential areas."
28     6.  Page 6, line 19, by striking the figures and
29   word "455G.11, and 455G.13," and inserting the
30   following:  "and 455G.11, and 455G.13,".
31     7.  Page 7, by inserting after line 30 the
32   following:
33     "Sec. 100.  Section 455G.8, subsection 5, Code
34   1995, is amended to read as follows:
35     5.  COST RECOVERY ENFORCEMENT.  Cost recovery
36   enforcement net proceeds as provided by section
37   455G.13 shall be allocated among the fund's accounts
38   as directed by the board to the innocent landowners
39   fund created under section 455G.21, subsection 2,
40   paragraph "a".  When federal cleanup funds are
41   recovered, the funds are to be deposited to the
42   remedial account of the fund and used solely for the
43   purpose of future cleanup activities."
44     8.  Page 11, by inserting after line 17 the
45   following:
46     "Sec. 101.  Section 455G.13, subsection 1, Code
47   1995, is amended to read as follows:
48     1.  FULL RECOVERY SOUGHT FROM OWNER.  The board
49   shall may seek full recovery from the owner,
operator,
50   or other potentially responsible party liable for the

Page 2  

 1   released petroleum which is the subject of a
 2   corrective action, for which the fund expends moneys
 3   from the remedial account for corrective action or
 4   third-party liability, and for all other costs,
 5   including reasonable and necessary attorney fees and
 6   costs of litigation for which moneys are expended by
 7   the fund in connection with the release.  The
 8   liability of the owner, operator or other potentially
 9   responsible party is limited to that percentage of the
10   released petroleum which was the subject of the
11   corrective action and which the board by a
12   preponderance of the evidence, demonstrates was
13   released by the owner, operator, or other potentially
14   responsible party.  When federal cleanup funds are
15   recovered, the funds are to be deposited to the
16   remedial account of the fund and used solely for the
17   purpose of future cleanup activities."
18     9.  Page 13, by inserting after line 8 the
19   following:
20     "7A.  The board may provide for exemption from the
21   certification requirements of this section for a
22   professional engineer registered pursuant to chapter
23   542B, if the person is qualified in the field of
24   geotechnical, hydrological, environmental groundwater,
25   or hydrogeological engineering."
26     10.  Page 13, line 23, by striking the word
27   "moneys".
28     11.  Page 13, line 24, by striking the words
29   "Seventeen million dollars per year" and inserting the
30   following:  "Moneys allocated to the fund".
31     12.  Page 13, line 34, by inserting after the word
32   "board." the following:  "The innocent landowners fund
33   shall also include any moneys recovered pursuant to
34   cost recovery enforcement under section 455G.13."
35     13.  Page 14, line 16, by striking the words
36   "Twelve million dollars per year" and inserting the
37   following:  "The remainder of the moneys".
38     14.  Page 14, by striking lines 22 and 23 and
39   inserting the following:  "subparagraph (2) is
40   repealed on January 1, 2003."
41     15.  Page 15, line 20, by inserting after the word
42   "report" the following:  "jointly with the department
43   of natural resources".
44     16.  Page 15, by striking line 25 and inserting
45   the following:  "when final rules referred to in
46   subparagraph (2) are adopted by the environmental
47   protection commission."
48     17.  Page 16, line 2, by striking the word "Take"
49   and inserting the following:  "Shall take".
50     18.  Page 16, by striking lines 10 through 12 and

Page 3

 1   inserting the following:
 2     "3.  During the period of time from the enactment
 3   of this Act until such time as the rules implementing
 4   the amendments to section 455B.474, contained in this
 5   Act, become effective, the department of natural
 6   resources may require an owner or operator to proceed
 7   with corrective action only if the action is necessary
 8   to protect public health and safety or the
 9   environment.  An owner or operator may elect to
10   proceed with corrective action pursuant to rules of
11   the department existing on January 1, 1995, until such
12   time as the rules implementing the amendments to
13   section 455B.474, contained in this Act, become
14   effective.  However, the board may refuse to pay
15   corrective action costs on a site during the interim
16   period if it is likely that the site would be
17   reclassified as a lower risk site when the rules
18   implementing risk-based corrective action standards
19   become effective."
20     19.  Page 16, by inserting after line 21 the
21   following:
22     "Sec. ___.  APPLICABILITY.  The section of this Act
23   that amends section 455G.13, subsection 1, applies to
24   all cases that are tried on or after the effective
25   date of this Act."
26     20.  Page 16, line 26, by striking the figure "25"
27   and inserting the following:  "24".
28     21.  Page 16, line 29, by inserting after the
29   figure "1995." the following:  "Section 25 is
30   effective January 1, 1996.  Sections 100 and 101 of
31   this Act, being deemed of immediate importance, take
32   effect upon enactment."
33     22.  Title page, line 5, by inserting after the
34   word "requirements," the following:  "relating to cost
35   recovery,".
36     23.  By renumbering as necessary.


Amendment H-4163 was adopted, placing the following amendments
out of order:
H-3644 filed by Gipp of Winneshiek and Witt on March 30, 1995.
H-3736 filed by Witt of Black Hawk on April 4, 1995.
H-3643 filed by Gipp of Winneshiek on March 30, 1995.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-3755 filed by him and Witt of Black Hawk on
April 5, 1995.
Gipp of Winneshiek 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. 508)
The ayes were, 95:
Arnold         	Baker          	Bell           	Bernau
Boddicker      	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Connors
Coon                  	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Fallon
Garman         	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kreiman        	Kremer         	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist 
Sukup          	Teig           	Thomson        	Tyrrell 
Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra 
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Witt           	Mr. Speaker
		 Corbett
The nays were, none.
Absent or not voting,5:
Blodgett       	Brammer        	Cohoon         	Hurley
Lamberti
The bill having received a constitutional majority was declared
to have passed the House and the title as amended was agreed to.
Rule 76 invoked; Lamberti of Polk invoked Rule 76, conflict of
interest, and refrained from voting.

IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 508 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Millage of Scott called up for consideration Senate File 475, a
bill for an act relating to state financial provisions and
providing applicability provisions and effective dates, amended
by the House, further amended by the Senate and moved that the
House concur in the following Senate amendment H-4159 to the
House amendment:
H-4159
 1     Amend the House amendment, S-3572, to Senate File
 2   475, as passed by the Senate, as follows:
 3     1.  Page 1, by inserting after line 4 the
 4   following:
 5     "   .  Page 3, by inserting after line 1 the
 6   following:
 7     Sec. ___.  Section 8.21, Code 1995, is amended by
 8   adding the following new unnumbered paragraph:
 9     NEW UNNUMBERED PARAGRAPH.  Unless a collective
10   bargaining agreement, as referred to in section 20.17,
11   subsection 10, between a state public employer and the
12   state employee organization which represents the
13   largest number of state employees, providing for
14   salary adjustment for the ensuing fiscal year is being
15   negotiated at the time required for transmission of
16   the governor's budget, the portion of the governor's
17   budget for the ensuing fiscal year which provides the
18   details of recommended appropriations and a draft
19   appropriation bill for adjustment of state employee
20   salaries shall be submitted to the general assembly on
21   or before March 1 of the legislative session.  If a
22   collective bargaining agreement, as referred to in
23   section 20.17, subsection 10, between a state public
24   employer and the state employee organization which
25   represents the largest number of state employees,
26   providing for salary adjustment for the ensuing fiscal
27   year is being negotiated at the time required for
28   transmission of the governor's budget, the portion of
29   the governor's budget for the ensuing fiscal year
30   which provides the details of recommended
31   appropriations and a draft appropriation bill for
32   adjustment of state employee salaries shall be
33   submitted to the general assembly within thirty days
34   of the date by which the collective bargaining
35   agreement between the state public employer and the
36   state employee organization is completed, either
37   through agreement or arbitration or prior to the date
38   of final adjournment of that legislative session,
39   whichever is earlier."
40        .  Page 3, line 3, by striking the word
41   "subsection" and inserting the following:
42   "subsections"."
43     2.  Page 1, by striking line 9 and inserting the
44   following:
45     "   .  Page 3, by striking lines 15 through 22 and
46   inserting the following:
47     "NEW SUBSECTION.  6.  At the meeting in which the
48   conference agrees to the revenue estimate for the
49   succeeding fiscal year in accordance with the
50   provisions of subsection 3, the conference shall also

Page 2  

 1   agree to a preliminary projection of the amount of the
 2   appropriation necessary for the succeeding fiscal year
 3   to fund the medical assistance program under chapter
 4   249A.  This preliminary projection shall be developed
 5   based upon the state and federal requirements for the
 6   medical assistance program in effect at the time the
 7   projection is made unless the members of the revenue
 8   estimating conference agree to assume different
 9   requirements for purposes of developing the
10   projection.  As a preliminary projection, it shall be
11   used as the basis for later projections deemed
12   necessary by the governor or used by the general
13   assembly, which are developed due to revised budget
14   assumptions, proposed policy revisions, or other
15   adjustments.""
16     3.  Page 3, by striking lines 37 through 49.
17     4.  Page 4, by striking lines 9 through 19.
18     5.  Page 4, by striking lines 22 through 28.
19     6.  By striking page 4, line 37, through page 6,
20   line 13.
21     7.  Page 6, line 45, by inserting after the word
22   "specified," the following:  "the legislative fiscal
23   bureau shall use the amounts of the appropriations to
24   the department or establishment for the fiscal year in
25   process at the time the estimates are required to be
26   submitted as the amounts for the department's or
27   establishment's request in the documents submitted to
28   the general assembly for the ensuing fiscal year and".
29     8.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-4159, to the House amendment.
Millage of Scott moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be
read a last time now and placed upon its passage which motion
prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (S.F. 475)
The ayes were, 95:
Arnold         	Baker          	Bell           	Bernau
Boddicker      	Boggess        	Bradley        	Brand 
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Connors
Coon                  	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Fallon
Garman         	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman	Kremer         	Lamberti       	Larkin        
	Larson	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist 
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Witt           	Mr. Speaker
		  Corbett
The nays were, none.
Absent or not voting, 5:
Blodgett       	Brammer        	Cohoon         	Houser
Hurley 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 475 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Halvorson of Clayton called up for consideration House File 573,
a bill for an act relating to economic development by
establishing a workforce development fund, providing for the
transfer of certain employer withholding amounts to the
workforce development fund, and establishing a loan loss reserve
program, amended by the Senate, and moved that the House concur
in the following Senate amendment H-4158:
H-4158
 1     Amend House File 573, as passed by the House, as
 2   follows:
 3     1.  Page 1, line 27, by inserting after the figure
 4   "422.16A" the following:  ", up to a maximum of two
 5   million dollars each year".
 6     2.  Page 5, line 22, by inserting after the word
 7   "fund." the following:  "The maximum amount from all
 8   employers which shall be transferred to the workforce
 9   development fund in any year is two million dollars."
The motion prevailed and the House concurred in the Senate
amendment H-4158.
Halvorson of Clayton moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 573)
The ayes were, 93:
Arnold         	Baker          	Bell           	Bernau
Boddicker      	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Connors
Coon                  	Cormack        	Cornelius      	Daggett 
Dinkla         	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman       
	Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Mertz          	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Van Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Mr. Speaker
 Corbett
The nays were, 2:

Fallon         	Metcalf
Absent or not voting, 5:

Blodgett       	Brammer        	Cohoon         	Houser
Hurley
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 573 be immediately messaged to the Senate.
Speaker pro tempore Van Maanen of Marion in the chair at 4:50
p.m.
Unfinished Business Calendar
The House resumed consideration of Senate File 120, a bill for
an act requiring that prison inmates demonstrate functional
literacy competence at or above the sixth grade level or obtain
a general equivalency
 diploma, conditioning receipt of certain privileges on
participation in education programs, and permitting the use of
educational competence as a precondition to the granting of
parole or work release, and providing exceptions, previously
deferred and placed on the unfinished business calendar.
Kremer of Buchanan offered the following amendment H-4155 filed
by him from the floor and moved its adoption:
H-4155
 1     Amend Senate File 120 as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 7, by striking the words "to
 4   complete" and inserting the following:  "make progress
 5   towards completion of".
 6     2.  Page 2, line 8, by striking the words "and
 7   obtain".
 8     3.  Title page, lines 2 and 3, by striking the
 9   words "or obtain" and inserting the following:  "or
10   make progress towards completion of".
Amendment H-4155 was adopted.
Kremer of Buchanan moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 120)
The ayes were, 94:
Arnold         	Baker          	Bell           	Bernau
Boddicker      	Boggess        	Bradley        	Brand 
Branstad       	Brauns         	Brunkhorst     	Burnett 
Carroll        	Cataldo        	Connors        	Coon
Corbett, Spkr.	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Fallon
Garman         	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	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     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	  Presiding
The nays were, none.
Absent or not voting, 6:
Blodgett       	Brammer        	Churchill      	Cohoon
Houser         	Hurley
The bill having received a constitutional majority was declared
to have passed the House and the title as amended was agreed to.

IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 120 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 28, 1995, passed the following bill in
which the concurrence of the Senate was asked:
House File 566, a bill for an act relating to the taxation of
sales of residential service contracts under the state sales,
services, and use taxes.
Also: That the Senate has on April 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 486, a bill for an act relating to and making
standing and other appropriations, corrective amendments, and
other financial and regulatory matters and providing effective
and applicability date provisions.
Also: That the Senate has on April 28, 1995, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 31, a concurrent resolution
requesting that Congress introduce legislation providing for
state sovereignty through the low-cost financing of debt and
needed capital projects by state and local governments.
JOHN F. DWYER, Secretary
The House stood at ease at 4:55 p.m., until the fall of the
gavel.
The House resumed session at 5:25 p.m., Speaker Corbett in the
chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Veenstra of Sioux, for the remainder of the day, on request of
Siegrist of Pottawattamie; McCoy of Polk, until his return, on
request of Schrader of Marion.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 28, 1995, amended and passed the
following bill in which the concurrence of the House is asked:
House File 572, a bill for an act relating to imposing a prison
and jail surcharge on scheduled fines and forfeitures and
providing for the appropriation and disposition of the proceeds
from the surcharge for prisons and jails.
JOHN F. DWYER, Secretary
SENATE AMENDMENT FURTHER CONSIDERED
The House resumed consideration of House File 519, a bill for an
act providing for the regulation of animal feeding operations,
fees, the expenditure of moneys, penalties, and an effective
date and amendment H-4153, found on page 2099 of the House
Journal, to amendment H-4145, to the Senate amendment H-4033
pending.
Speaker pro tempore Van Maanen of Marion in the chair at 5:40
p.m.
Gipp of  Winneshiek in the chair at 6:37 p.m.
Koenigs of Mitchell moved the adoption of amendment H-4153, to
amendment H-4145, to the Senate amendment H-4033.
Roll call was requested by Koenigs of Mitchell and Jochum of
Dubuque.
On the question "Shall amendment H-4153, to amendment H-4145, to
the Senate amendment H-4033 be adopted?" (H.F. 519)
The ayes were, 37:
Baker          	Bell           	Bernau         	Brand
Burnett        	Cataldo        	Connors        	Coon
Daggett        	Dinkla         	Doderer        	Drees
Fallon         	Garman         	Grundberg      	Harper
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Mascher        	May            	Mertz
Moreland       	Mundie         	Murphy         	Nelson, L.
O'Brien        	Ollie          	Running        	Schrader
Shoultz        	Warnstadt      	Weigel         	Wise
Witt

The nays were, 56:
Arnold         	Boddicker      	Boggess        	Bradley
Branstad       	Brauns         	Brunkhorst     	Carroll
Churchill             	Corbett, Spkr.	Cormack        	Cornelius
Disney         	Drake          	Eddie          	Ertl
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     	Van Maanen
Vande Hoef     	Weidman        	Welter         	Gipp,
			  Presiding
 Absent or not voting, 7:
Blodgett       	Brammer        	Cohoon         	Hurley
McCoy          	Myers          	Veenstra
Amendment H-4153 lost.


Kreiman of Davis offered the following amendment H-4166, to
amendment H-4145 to the Senate amendment H-4033, filed by him
from the floor and moved its adoption:
H-4166
 1     Amend the amendment, H-4145, to Senate amendment,
 2   H-4033, to House File 519, as amended, passed, and
 3   reprinted by the House, as follows:
 4     1.  Page 7, by striking lines 23 through 36 and
 5   inserting the following:
 6     "   .  If an animal feeding operation is a small
 7   animal feeding operation as defined in section
 8   455B.161, there shall be a rebuttable presumption that
 9   the small animal feeding operation is not a public or
10   private nuisance under this chapter or under
11   principles of common law, and that the small animal
12   feeding operation does not unreasonably interfere with
13   another person's comfortable use and enjoyment of the
14   person's life or property under any other cause of
15   action.  The rebuttable presumption shall".
Roll call was requested by Kreiman of Davis and Murphy of
Dubuque.
Rule 75 was invoked.
On the question "Shall amendment H-4166, to amendment H-4145, to
the Senate amendment H-4033 be adopted?" (H.F. 519)
The ayes were, 39:
Arnold         	Baker          	Bell           	Bernau
Brand          	Burnett        	Cataldo        	Coon 
Daggett        	Dinkla         	Doderer        	Drees
Fallon         	Garman         	Grundberg      	Harper
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Mascher        	May            	McCoy 
Mertz          	Moreland       	Mundie         	Murphy
Myers          	Nelson, L.       	O'Brien        	Ollie
Schrader	Shoultz        	Sukup          	Warnstadt 
Weigel         	Wise           	Witt           	
The nays were, 54:
Boddicker      	Boggess        	Bradley        	Branstad
Brauns         	Brunkhorst     	Carroll	Churchill
Corbett, Spkr.	Cormack        	Cornelius      	Disney
Drake          	Eddie          	Ertl           	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       	Teig           	Thomson        	Tyrrell
Van Fossen     	Van Maanen     	Vande Hoef     	Weidman
Welter         	Gipp,				   Presiding
Absent or not voting, 7:
Blodgett       	Brammer        	Cohoon         	Connors
Hurley         	Running        	Veenstra       	

Amendment H-4166 lost.


Speaker pro tempore Van Maanen of Marion in the chair at 7:27
p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk on request of Myers of Johnson.
Weigel of Chickasaw asked and received unanimous consent to
defer action on amendment H-4170, to amendment H-4145, to the
Senate amendment H-4033.
Weigel of Chickasaw offered the following amendment H-4171, to
amendment H-4145, to the Senate amendment H-4033, filed by him
from the floor and moved its adoption:
H-4171
 1     Amend the amendment, H-4145, to the Senate
 2   amendment, H-4033, to House File 519, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 5, by striking line 5.
 5     2.  Page 5, line 6, by striking the figure "8" and
 6   inserting the following:  "20".
A non-record roll call was requested.
The ayes were 28, nays 52.
Amendment H-4171 lost.
Greig of Emmet asked and received unanimous consent to withdraw
amendment H-4146, to amendment H-4145, to the Senate amendment
H-4033, filed by him from the floor.
Weigel of Chickasaw offered the following amendment H-4170,
previously deferred, to amendment H-4145, to the Senate
amendment H-4033, filed by him from the floor and moved its
adoption:
H-4170
 1     Amend the amendment, H-4145, to the Senate
 2   amendment, H-4033, to House File 519, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 4, by striking lines 13 through 18 and
 5   inserting the following:  "a swine farrow-to-finish
 6   operation having an animal weight capacity of two
 7   million five hundred thousand or more pounds."
Amendment H-4170 lost.

The House stood at ease at 8:07 p.m., until the fall of the
gavel.
The House reconvened at 9:15 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-4173 filed by him from the floor.
The House resumed consideration of amendment H-4145, to the
Senate amendment H-4033.
Eddie of Buena Vista asked and received unanimous consent to
defer action on amendment H-4145, to the Senate amendment H-4033.
The following amendments to the Senate amendment H-4033 were
withdrawn by unanimous consent:
H-4127, H-4128, H-4129, H-4132 and H-4133, all filed by Greig of
Emmet on April 27, 1995.
H-4154 filed by Mundie of  Webster from the floor.
H-4161 filed by Running of Linn and Nelson of Marshall from the
floor.
H-4162 and H-4165 filed by Weigel of Chickasaw from the floor.
H-4172 filed by Mundie of Webster from the floor.
Eddie of Buena Vista called up for consideration amendment
H-4145, to the Senate amendment H-4033, previously deferred.
Moreland of Wapello offered the following amendment H-4174, to
the Senate amendment H-4033, filed by him from the floor and
moved its adoption:
H-4174
 1     Amend the amendment, H-4145, to Senate amendment,
 2   H-4033, to House File 519, as amended, passed, and
 3   reprinted by the House, as follows:
 4     1.  Page 7, line 30, by inserting after the word
 5   "unreasonably" the following:  "and continuously".
 6     2.  Page 7, line 46, by striking the words "an
 7   adjoining landowner's" and inserting the following:
 8   "another person's".
 9     3.  Page 7, line 47, by striking the words "the
10   landowner's" and inserting the following:  "the
11   person's".
12     4.  Page 8, by striking lines 2 and 3.
Amendment H-4174 lost.
Greig of Emmet offered the following amendment H-4175, to the
Senate amendment H-4033, filed by him from the floor and moved
its adoption:
H-4175
 1     Amend the amendment, H-4145, to the Senate
 2   amendment, H-4033, to House File 519, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 4, line 17, by striking the word "four"
 5   and inserting the following:  "six".
Amendment H-4175 was adopted.
On motion by Eddie of Buena Vista, amendment H-4145, as amended,
to the Senate amendment H-4033, was adopted.
On motion by Eddie of Buena Vista, the House concurred with the
Senate amendment H-4033, as amended.
Eddie of Buena Vista moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 519)
The ayes were, 70:
Arnold         	Baker          	Bell           	Boddicker
Boggess        	Bradley        	Branstad       	Brauns
Brunkhorst     	Carroll        	Cataldo        	Churchill
Corbett, Spkr.	Cormack        	Cornelius      	Daggett 
Dinkla         	Disney         	Drake          	Eddie
Ertl           	Garman         	Gipp           	Greig
Greiner        	Grubbs         	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harrison
Heaton         	Houser         	Huseman        	Jacobs
Klemme         	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
May            	Mertz          	Metcalf        	Meyer
Millage        	Mundie         	Nelson, B.      	Nutt
O'Brien        	Rants          	Renken         	Salton
Schulte        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Vande Hoef
Warnstadt	Weidman  	Welter         	Wise
Witt           	Van Maanen,
	  Presiding
The nays were, 24:
Bernau         	Brand          	Burnett        	Coon
Doderer        	Drees          	Fallon         	Gries
Harper         	Holveck        	Jochum         	Koenigs
Kreiman        	Mascher        	McCoy          	Moreland
Murphy         	Myers          	Nelson, L.       	Ollie
Running        	Schrader       	Shoultz        	Weigel

Absent or not voting, 6:
Blodgett       	Brammer        	Cohoon         	Connors
Hurley         	Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 519 be immediately messaged to the Senate.
SENATE MESSAGE CONSIDERED
Senate File 486, by committee on appropriations, a bill for an
act relating to and making standing and other appropriations,
corrective amendments, and other financial and regulatory
matters and providing effective and applicability date
provisions.
Read first time and referred to committee on appropriations.
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 28, 1995, amended and passed the
following bill in which the concurrence of the House is asked:
House File 518, a bill for an act relating to authorization of
price regulation for utilities providing communications services.
Also: That the Senate has on April 28, 1995, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 120, a bill for an act requiring that prison inmates
demonstrate functional literacy competence at or above the sixth
grade level or obtain a general equivalency diploma,
conditioning receipt of certain privileges on participation in
education programs, and permitting the use of educational
competence as a precondition to the granting of parole or work
release, and providing exceptions.
JOHN F. DWYER, Secretary

EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Wednesday,
April 26, and Thursday April 27, 1995. Had I been present, I
would have voted "aye" on House Files 528, 573, 577 and Senate
File 472. 
MORELAND of Wapello
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bill has been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 28th day of April, 1995: House File 126.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
GOVERNOR'S ITEM VETO MESSAGE
A copy of the following communication was received and placed on
file:
April 27, 1995
The Honorable Leonard Boswell
President of the Senate
State Capitol Building
L 0 C A L

Dear Mr. President:

I hereby transmit Senate File 462., 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.

Senate File 462 is, therefore, approved on this date with the
following exceptions which I hereby disapprove.
I am unable to approve the designated portions of Section 3,
subsection 10, paragraph e. These items would require the
Department of Human Services to implement a plan to pursue
reimbursement for pharmacy services from third-party payors by
May 1, 1996, and to include the administrative costs of adopting
this new policy in the department's proposed FY 1997 budget.
While I support asking the department to explore the feasibility
of a "pay and chase" policy to recover the costs of pharmacy
services, it would be premature to direct the department to
implement the policy before a plan is even developed. Further,
implementation of such a policy will result in costs to the
Medicaid program which have not been included in the funds
appropriated to the department for FY 1996.  Also, the
requirement that the director include the costs of implementing
the policy in the department's FY 1997 budget requests goes
beyond the authority the legislature has in the budgeting
process, and for that reason can not be approved.

I am unable to approve the item designated as Section 3,
subsection 14, in its entirety. This item would require the
Department of Human Services to seek federal approval to develop
a new program to pay persons, including relatives, to provide
care in their homes for elderly individuals who are currently
residing in nursing homes. In recent years, several very good
programs have been established to provide alternatives to
nursing home care for Iowa's elderly.  As a result, the elderly
who are entering nursing homes are doing so only after they have
become so frail or infirm that alternative services are no
longer appropriate. I am concerned that because this proposal
targets the elderly who have already been placed in nursing
homes, it has the potential of encouraging abuses of the
Medicaid program and perhaps even of elderly Iowans who are best
cared for in the nursing home setting.  I urge the Department of
Human Services to continue to work with the Department of Elder
Affairs to develop alternative services that are cost effective
and that address the needs of Iowa's elderly citizens.

I am unable to approve the item designated as Section 10,
subsection 11, in its entirety. This item utilizes a budgeting
gimmick to shift funds from one area of the Department of Human
Service's budget to another, the result of which reduces the
department's flexibility to design delinquency and child welfare
services and creates
 built-in increases in future years.  Again this is an example
of the bad budgeting practices of the past which can no longer
be tolerated.

I am unable to approve the item designated as Section 10,
subsection 19, in its entirety. This item provides an exception
to the Department of Human Services' policies relating to foster
care support obligations.  The cases that would be impacted can
not be easily identified and for that reason the exception as
written would be difficult, if not impossible, to administer.
The department has existing procedures that allow persons to
request an exception to policy in appropriate cases which is
already available as a remedy.

I am unable to approve the item designated as Section 11,
subsection 4, in its entirety. This item would provide an
additional $100,000 for family planning services over and above
the $739,000 otherwise provided in the bill. This level of
funding goes beyond the amount requested by the department and
recommended by me for the program.

I am unable to approve the item designated as  Section 26,
subsection 1, in its entirety. This item directs the Department
of Human Services to develop a plan for meeting national
standards for social worker caseloads.  Social worker duties
vary from state to state and the differences are often related
to the technology available to workers in performing their
tasks. New technologies are being implemented to make it
possible for our workers to perform more efficiently and
effectively.  Also services that may be included as part of a
social worker's duties in other states are contracted out in
Iowa. Given these variances, national standards can not be
directly applied to Iowa's experience.

I am unable to approve the item designated as Section 37, in its
entirety.  This proposed statutory change fails to address the
relationships of the local decategorization accounts and the
current funding mechanisms for the mental health institutes and
state hospital-schools.  Traditionally child welfare funds have
not been used for mental health institutes or hospital-school
costs.  Counties that decategorize child welfare funding will be
able to continue to carry out their plans.

For the above reasons, I hereby respectfully disapprove these
items in accordance with Amendment IV of the Amendments of 1968
to the Constitution of the State of Iowa.  All other items in
Senate File 462 are hereby approved as of this date.

	Sincerely,
	Terry E. Branstad
	Governor
PROOF OF PUBLICATION
(Senate File 468)
Published copy of Senate File 468 and verified proof of
publication of said bill in the The Daily Gate City, a daily
newspaper printed and published in the city of Keokuk, Lee
County, Iowa, on April 18, 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:
Twenty-six third grade students from United Community
Elementary, Boone, accompanied by Mary Clarke. By O'Brien of
Boone.
Eighty-five fifth grade students from McKinstry Elementary,
Waterloo, accompanied by Ivy Hanson. By Hanson, Harper and
Shoultz of Black Hawk.
Eighteen third and fourth grade students from Timothy Christian,
Wellsburg, accompanied by Tammy Lambert. By Renken of Grundy.
Seventy-five eighth grade students from Emmetsburg Middle
School, Emmetsburg, accompanied by John Joynt. By Salton of Palo
Alto.
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\275	Nick Stence, Carroll - For receiving a National Merit
Scholarship.
1995\276	Frank and Laura Annis, Newton - For celebrating their
50th wedding anniversary.

                           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 JUDICIARY
Senate File 468, a bill for an act to legalize the transfer of
certain property by the City of Keokuk and providing an
effective date. 
Fiscal Note not required.
Recommended Do Pass April 27, 1995.
RESOLUTIONS FILED
HCR 41, by Doderer and Grundberg, a concurrent resolution
commemorating the fiftieth anniversary of the founding of the
United Nations.
Laid over under Rule 25.
SCR 31, by committee on appropriations, a concurrent resolution
requesting that Congress introduce legislation providing for
state sovereignty through the low-cost financing of debt and
needed capital projects by state and local governments.
Referred to committee on appropriations.

AMENDMENTS FILED
H-4141	H.F.	579	Churchill of Polk
H-4142	S.F.	266	Hurley of Fayette
			Grundberg of Polk
H-4144	H.F.	579	Running of Linn
			Boddicker of Cedar
			Metcalf of Polk
H-4148	H.F.	579	Millage of Scott
			Murphy of Dubuque
			Doderer of Johnson
H-4160	H.F.	579	Brunkhorst of Bremer
H-4164	H.F.	579	Millage of Scott
			Murphy of Dubuque
H-4167	S.F.	416	Grubbs of Scott
H-4168	H.F.	576	Brand of Benton
H-4169	H.F.	572	Senate amendment
H-4176	H.F.	518	Senate amendment
On motion by Siegrist of Pottawattamie, the House adjourned at
9:38 p.m. until 1:00 p.m., Monday, May 1, 1995.	

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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URL: /DOCS/GA/76GA/Session.1/HJournal/Day/0428.html
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