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House Journal: Thursday, January 11, 1996

Fourth Calendar Day - Fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, January 11, 1996
The House met pursuant to adjournment, Speaker pro tempore Van
Maanen of Marion in the chair.
Prayer was offered by Rabbi Neil Sandler, Tifereth Israel
Synagogue, Des Moines.
The Journal of Wednesday, January 10, 1996 was approved.
INTRODUCTION OF BILLS
House File 2048, by Cormack, a bill for an act relating to
obtaining a permit or variance for storing or using waste tires.
Read first time and referred to committee on environmental
protection.
House File 2049, by Van Fossen, Martin, Hurley, Harrison,
Grubbs, and Bradley, a bill for an act to suspend motor vehicle
licenses for violations of the criminal street gangs law.
Read first time and referred to committee on judiciary.
House File 2050, by Doderer and Boddicker, a bill for an act
relating to selection criteria preferences in the placement of
children for adoption by or through the department of human
services.
Read first time and referred to committee on human resources.
House File 2051, by Hammitt Barry and Witt, a bill for an
act appropriating money from the general fund of the state to
repair and renovate the soldiers and sailors monument of the
civil war on the state capitol complex.
Read first time and referred to committee on appropriations.
House File 2052, by Gries, Eddie, Branstad, Daggett,
Halvorson, Kremer, Mertz, Renken, Vande Hoef, Tyrrell, Disney,
Hanson, and Baker, a bill for an act relating to the
compensation of merchant marines for active service, creating a
merchant marine service compensation fund, providing for
administrative procedures, providing for other properly related
matters, making an appropriation, and providing a penalty.
Read first time and referred to committee on appropriations.
House File 2053, by Rants, a bill for an act relating to
child support by requiring a report of expenditures from
recipients of support, by providing for income withholding only
for payment of delinquent support, by allowing for modification
of support orders if visitation requirements in an order are
willfully disobeyed, by providing penalties, and by providing
effective dates.
Read first time and referred to committee on human resources.
House File 2054, by Rants, a bill for an act relating to the
abolition of the office of county recorder, the transfer of the
powers and duties of the office of county recorder, and
providing effective dates.
Read first time and referred to committee on local government.
House File 2055, by Mundie, a bill for an act relating to
the exemption from the state sales, services, and use taxes for
computers sold or leased to insurance companies.
Read first time and referred to committee on ways and means.
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 January 10, 1996, passed the following bill in
which the concurrence of the House is asked:
Senate File 2030, a bill for an act relating to state and county
mental health and developmental disability funding provisions
and including an applicability provision and an effective date.
JOHN F. DWYER, Secretary

ADOPTION OF SUPPLEMENTAL REPORT 
OF COMMITTEE ON MILEAGE
Brunkhorst of Bremer called up for consideration the
Supplemental Report of the Committee on Mileage,  found on page
10 of the House Journal, and moved its adoption. 
The motion prevailed and the report was adopted.
HOUSE FILES WITHDRAWN
Martin of Scott asked and received unanimous consent to withdraw
House Files 291 and 440, from further consideration by the House.
Welter of Jones asked and received unanimous consent to withdraw
House File 509 from further consideration by the House.
Greiner of Washington asked and received unanimous consent to
withdraw House File 287 from further consideration by the House.
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw House File 228 from further consideration by the House.
On motion by Gipp of Winneshiek, the House was recessed at 9:00
a.m., until 1:00 p.m.

AFTERNOON SESSION
The House reconvened at 1:03 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 104
Nelson of Pottawattamie called up for consideration House
Concurrent Resolution 104, a concurrent resolution designating
the week of January 7-14, 1996, as Children's Week in Iowa.
SENATE CONCURRENT RESOLUTION 102 SUBSTITUTED
FOR HOUSE CONCURRENT RESOLUTION 104
Nelson of Pottawattamie asked and received unanimous consent to
substitute Senate Concurrent Resolution 102 for House Concurrent
Resolution 104
ADOPTION OF SENATE CONCURRENT RESOLUTION 102
Nelson of Pottawattamie called up for consideration Senate
Concurrent Resolution 102, a concurrent resolution designating
the week of January 7-14, 1996, as Children's Week in Iowa, and
moved its adoption.
The motion prevailed and the resolution was adopted.
HOUSE CONCURRENT RESOLUTION 104 WITHDRAWN
Nelson of Pottawattamie asked and received unanimous consent to
withdraw House Concurrent Resolution 104 from further
consideration by the House.
CONSIDERATION OF HOUSE RESOLUTION 101
House Concurrent Resolution 101, a concurrent resolution urging
that the environmental protection commission amend its proposed
rules to provide that owners of confinement feeding operations
who are subject to pending violations of environmental standards
be required to obtain construction permits, with report of
committee recommending amendment and passage was called up for
consideration.
Meyer of Sac offered amendment H-5001 filed by the committee on
agriculture as follows:

H-5001

 1     Amend House Resolution 101 as follows:
 2     1.  By striking page 1, line 3, through page 3,
 3   line 12, and inserting the following:
 4   "A House Resolution to urge that the environmental
 5     protection commission amend its proposed rules
 6     to provide that owners of confinement feeding
 7     operations who are subject to pending enforcement
 8     actions, referred to the attorney general's office,
 9     be required to obtain construction permits.
10     Whereas, in 1995, the Iowa General Assembly enacted
11   House File 519 (1995 Iowa Acts, chapter 195), which
12   establishes environmental standards of operation by
13   animal feeding operations; and
14     Whereas, House File 519 requires the department of
15   natural resources to adopt rules relating to the
16   construction of animal feeding operations; and
17     Whereas, the environmental protection commission's
18   proposed rules relating to animal feeding operations,
19   including construction permit requirements, were
20   published for notice and comment in the Iowa
21   Administrative Bulletin on November 8, 1995; Now
22   Therefore,
23     Be It Resolved By The House Of Representatives,
24   That the environmental protection commission is urged
25   to amend its proposed rule 567 _ 65.6(1)(b) to
26   provide that a person who otherwise would not be
27   required to obtain a construction permit for a
28   confinement feeding operation, other than a small
29   animal feeding operation as provided in 567 _
30   65.6(2), be required to obtain a construction permit
31   pursuant to House File 519 and rules adopted by the
32   commission, if an enforcement action, referred to the
33   attorney general's office, is pending against a
34   confinement feeding operation in which the person has
35   an interest; and
36     Be It Further Resolved, That a copy of this
37   resolution be sent to the director of the department
38   of natural resources for presentation to the
39   environmental protection commission.
Koenigs of Mitchell offered the following amendment H-5002, to
the committee amendment H-5001, filed by him from the floor and
moved its adoption:

H-5002

 1     Amend the amendment, H-5001, to House Resolution
 2   101 as follows:
 3     1.  Page 1, line 9, by inserting after the word
 4   "permits" the following:  ", and to provide for the
 5   filing of manure management plans with counties".
 6     2.  Page 1, by inserting after line 35 the
 7   following:
 8     "Be It Further Resolved, That the proposed rules be
 9   amended to provide that a manure management plan
10   required to be submitted to the department pursuant to
11   House File 519 and rules adopted by the commission
12   also be filed with the county board of supervisors in
13   the county where the confinement feeding operation is
14   located; and".
Amendment H-5002 was adopted.
Weigel of Chickasaw offered amendment H-5003, to the committee
amendment H-5001, filed by him from the floor as follows:

H-5003

 1     Amend the amendment, H-5001, to House Resolution
 2   101 as follows:
 3     1.  Page 1, line 9, by inserting after the word
 4   "permits" the following:  ", and to provide for the
 5   review and enforcement of manure management plan
 6   requirements".
 7     2.  Page 1, by inserting after line 35 the
 8   following:
 9     "Be It Further Resolved, That the proposed rules be
10   amended to provide that a manure management plan which
11   is required by the commission to be submitted to the
12   department, but which is not filed as part of a
13   construction permit application, be subject to review
14   and enforcement by the department; and".
The following amendment H-5004, to amendment H-5003, to the
committee amendment H-5001, filed by Weigel of Chickasaw from
the floor, was adopted by unanimous consent:
H-5004
1     Amend the amendment H-5003 to amendment H-5001 to, 
2  House Resolution 101 as follows:   
3      1.  Page 1, line 4, by striking the word "and".
On motion by Weigel of Chickasaw, amendment H-5003, as amended,
to the committee amendment H-5001, was adopted
On  motion by Meyer of Sac, the committee amendment H-5001, as
amended, was adopted.
On motion by Meyer of Sac, House Resolution 101, as amended, was
adopted.
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      
1996\ 19 	Guy and Opal Noble, New Market - For celebrating their
seventy-third wedding anniversary.
1996\20	Matthew Schroth, Hiawatha - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
SUBCOMMITTEE ASSIGNMENTS
House Joint Resolution 9
State Government: Churchill, Chair; Jacobs and Jochum.
House Joint Resolution 2001
State Government: Churchill, Chair; Connors and Coon.
House File 34 Reassigned
State Government: Houser, Chair; Coon and Jochum.
House File 199
State Government: Churchill, Chair; Jacobs and Jochum.
House File 207 Reassigned
Natural Resources: Branstad, Chair; Mertz and Tyrrell.
House File 249
Commerce and Regulation: Metcalf, Chair; Doderer and Renken.
House File 254 Reassigned
Natural Resources: Branstad, Chair; Arnold and Cohoon.
House File 263
Commerce and Regulation: Metcalf, Chair; Cataldo and Renken.
House File 264
Commerce and Regulation: Metcalf, Chair; Renken and Weigel.
House File 275 Resassigned
Natural Resources: Huseman, Chair; Coon and May.
House File 283
Commerce and Regulation: Metcalf, Chair; Renken and Wise.
House File 322 Reassigned
Natural Resources: Huseman, Chair; Coon and May.
House File 354
Commerce and Regulation: Metcalf, Chair; Holveck and Renken.
House File 411
Commerce and Regulation: Metcalf, Chair; Doderer and Renken.
House File 435
Natural Resources: Branstad, Chair; Eddie and Shoultz.
House File 446
Commerce and Regutation: Metcalf, Chair; Holveck and Renken.
House File 496
Commerce and Regulation: Metcalf, Chair; Renken and Weigel.
House File 498 Reassigned
Environmental Protection: Bradley, Chair; Drees and Teig.
House File 2008
Education: Ollie, Chair; Brunkhorst and Veenstra.
House File 2012
Education: Daggett, Chair; Cohoon and Rants.
House File 2013
State Government: Tyrrell, Chair; Jochum and Renken.
House File 2034
Transportation: Weidman, Chair; Arnold and Cohoon.
House File 2036
Commerce and Regulation: Metcalf, Chair; Nelson of Pottawattamie
and Renken.
House File 2038
Transportation: Nelson of Marshall, Chair; Heaton and Ollie.
House File 2039
Transportation: Blodgett, Chair; Carroll and Ollie.
House FIle 2040
Transportation: Blodgett, Chair; Carroll and Ollie.
House File 2042
Economic Development: Lord, Chair; Baker and Heaton.
House File 2044
State Government: Thomson, Chair; Tyrrell and Witt.
House Concurrent Resolution 103
State Government: Renken, Chair; Bradley, Witt.
Senate File 5
State Government: Churchill, Chair; Bernau and Jacobs.
Senate File 98 Reassigned
State Government: Drake, Chair; Cataldo and Coon.
Senate File 331
State Government: Renken, Chair; Cataldo and Disney.
Senate File 376
Commerce and Regulation: Cormack, Chair; McCoy and Van Fossen.
Senate File 447 Reassigned
Natural Resources: Klemme, Chair; Drees and Eddie.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 306 Reassigned
Natural Resources: Klemme, Chair; Brauns and O'Brien.
House Study Bill 511
Transportation: Heaton, Chair; Ollie and Weidman.
House Study Bill 512
Transportation: Brauns, Chair; Eddie and May.
House Study Bill 513
Transportation: Welter, Chair; Cohoon and Eddie.
House Study Bill 514
Transportation: Salton, Chair; Grundberg and Ollie.
House Study Bill 515
Transportation: Welter, Chair; Branstad and McCoy.
House Study Bill 516
Transportation: Main, Chair; Larkin and Salton.
House Study Bill 517
Transportation: Arnold, Chair; Mundie and Weidman.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House Study Bill 504), relating to an
appropriation to the judicial department for long-range and
strategic planning and providing an effective date.
Fiscal note is not required.
Recommend Do Pass January 11, 1996.
	COMMITTEE ON JUDICIARY
House File 16, a bill for an act relating to certain minors'
rights to object to voluntary commitment and providing for
surrogate decision making by parents, legal guardians, or other
legal representatives under certain circumstances.
Fiscal note is not required.
Recommend Do Pass January 10, 1996.
House File 176, a bill for an act relating to open alcoholic
beverage container violations and driving records and providing
a penalty.
Fiscal note is not required.
Recommend Do Pass January 10, 1996.
House File 270, a bill for an act relating to recognizing
out-of-state law enforcement training for certification purposes
in Iowa.
Fiscal note is not required.
Recommend Do Pass January 10, 1996.
House File 329, a bill for an act relating to an award of
attorney fees in an action to enforce a mechanic's lien
Fiscal note is not required.
Recommend Do Pass January 10, 1996.
House File 484, a bill for an act authorizing the use of
criminal contempt to enforce victim restitution orders
Fiscal note is not required.

	Recommend Do Pass January 10, 1996.
House File 523, a bill for an act relating to the establishment
of minimum standards for the training of telecommunicators.
Fiscal note is not required.
Recommend Do Pass January 10, 1996.
RESOLUTIONS FILED
HCR 106, by Salton, a concurrent resolution urging the United
States Congress to enact legislation and appropriate funding to
ensure that drainage district assessments are not adversely
affected by federal acquisitions of lands in drainage districts.
Referred to committee on agriculture.
SCR 102, by committee on human resources, a concurrent
resolution designating the week of January 7-14, 1996, as
Children's Week in Iowa.
Filed on January 9, 1996 and laid over under Rule 25.
On motion by Gipp of Winneshiek, the House adjourned at 1:58
p.m. until 8:45 a.m., Friday, January 12, 1996.

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