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Seventy-first Calendar Day - Forty-seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Monday, March 18, 1996
The House met pursuant to adjournment at 1:03 p.m., Garman of
Story in the chair.
Prayer was offered by Reverend Robert L. Sauser, First Baptist
Church, Creston.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the S.O.D.A. (Students O.K.
Without Drugs and Alcohol) group from Linn-Mar High School,
Marion.
The Journal of Friday, March 15, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk and Drees of Carroll, both on request of
Schrader of Marion.
CONSIDERATION OF BILLS
Regular Calendar
House File 2370, a bill for an act relating to limited liability
companies and corporations, including the period within which a
limited liability company subject to dissolution may be
continued, use of trade names by corporations and limited
liability companies, and providing an exemption from the real
estate transfer tax for certain transfers involving limited
liability companies, was taken up for consideration.
Weigel of Chickasaw offered the following amendment H-5417 filed
by him and moved its adoption:
H-5417
1 Amend House File 2370 as follows:
2 1. By striking page 1, line 22, through page 2,
3 line 3.
4 2. Title page, by striking lines 3 and 4 and
5 inserting the following: "subject to dissolution may
6 be continued, and providing an".
Amendment H-5417 was adopted.
Nutt of Woodbury moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2370)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Coon Corbett, Spkr.
Cormack Dinkla Disney Doderer
Drake Eddie Ertl Fallon
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Meyer
Millage Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Garman,
Presiding
The nays were, 2:
Daggett Tyrrell
Absent or not voting, 2:
Connors Drees
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2370 be immediately messaged to the Senate.
Speaker pro tempore Van Maanen of Marion in the chair at 1:23
p.m.
House File 2407, a bill for an act relating to legal
publications and related products prepared and distributed under
the authority of the general assembly, was taken up for
consideration.
Drake of Pottawattamie offered the following amendment H-5396
filed by him and Taylor and moved its adoption:
H-5396
1 Amend House File 2407 as follows:
2 1. Page 1, by inserting after line 5, the
3 following:
4 "11A. To establish policies for the distribution
5 of information which is stored by the general assembly
6 in an electronic format, including the contents of
7 statutes or rules, other than electronic publications
8 as provided in section 7A.22. The legislative council
9 shall establish payment rates that encourage the
10 distribution of such information to the public,
11 including private vendors reselling that information.
12 The legislative council shall not establish a price
13 that attempts to recover more than is attributable to
14 costs related to producing and delivering the
15 information."
16 2. Page 1, line 6, by striking the figure:
17 "11A." and inserting the following: "11B."
18 3. By striking page 3, line 24 through page 4,
19 line 30, and inserting the following:
20 "Sec. ___. Section 7A.22, subsection 3, Code 1995,
21 is amended by striking the subsection.
22 Sec. ___. Section 7A.22, Code 1995, is amended by
23 adding the following new unnumbered paragraph:
24 NEW UNNUMBERED PARAGRAPH. The legislative council
25 may establish policies for producing, editing,
26 distributing, and pricing electronic publications
27 which contain information stored by the general
28 assembly in an electronic format, including
29 information contained in publications described in
30 this section together with programming not originally
31 part of the stored information. As part of those
32 policies, the council may provide for electronic
33 publications containing specialized search and
34 retrieval functions, and shall ensure the widest
35 possible dissemination of versions of electronic
36 publications containing search and retrieval functions
37 at the lowest price practicable which shall not be
38 more than costs attributable to producing, editing,
39 and disseminating those versions."
40 4. Page 6, by striking lines 8 and 9 and
41 inserting the following: "be more than established
42 pursuant to section 7A.22 for the same publication.
43 For the Iowa".
44 5. Page 6, line 17, by inserting after the word
45 "ON" the following: "FREE".
46 6. Page 6, by striking lines 24 through 35 and
47 inserting the following: "bureau. In order to
48 distribute these legal publications in the most
49 efficient manner possible to persons entitled to
50 receive these publications pursuant to section 18.97,
Page 2
1 the superintendent of printing and the legislative
2 council may establish policies requiring payment from
3 such persons. The payment amount shall not be more
4 than established pursuant to section 7A.22 for the
5 same publication."
6 7. Page 8, line 22, by inserting after the word
7 "software." the following: "A public record shall not
8 be withheld from the public because it is combined
9 with data processing software. A government body
10 shall not acquire any electronic data processing
11 system for the storage, manipulation, or retrieval of
12 public records that would impair the government body's
13 ability to permit the examination of a public record
14 and the copying of a public record in either written
15 or electronic form. If it is necessary to separate a
16 public record from data processing software in order
17 to permit the examination or copying of the public
18 record, the government body shall bear the cost of
19 separation of the public record from the data
20 processing software. The electronic public record
21 shall be made available in a format useable with
22 commonly available data processing or data base
23 management software. The cost chargeable to a person
24 receiving a public record separated from data
25 processing software under this subsection shall not be
26 in excess of the charge under this chapter unless the
27 person receiving the public record requests that the
28 public record be specially processed."
29 8. Page 9, line 8, by striking the figure "2.42"
30 and inserting the following: "7A.22".
Amendment H-5396 was adopted.
Drake of Pottawattamie 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. 2407)
The ayes were, 98:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Main Martin Mascher
May McCoy Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Salton Schrader
Schulte Shoultz Siegrist Sukup
Taylor 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, 2:
Connors Drees
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2448, a bill for an act relating to public access to
criminal history data maintained by the department of public
safety, was taken up for consideration.
Fallon of Polk offered the following amendment H-5358 filed by
him and moved its adoption:
H_5358
1 Amend House File 2448 as follows:
2 1. Page 3, line 3, by inserting after the figure
3 "692.3." the following: "However, the fee for
4 conducting a criminal history data check for a person
5 seeking release of a certified copy of the person's
6 own criminal history data to a potential employer, if
7 that employer requests the release in writing, shall
8 not be paid by the person but shall be paid by the
9 employer."
Amendment H-5358 was adopted.
Coon of Warren 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. 2448)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
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, 3:
Connors Drees Hanson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2407 and 2448.
House File 2413, a bill for an act relating to foreign and
domestic business corporations by amending certain reporting and
filing requirements and procedures and establishing fees, was
taken up for consideration.
Cormack of Webster 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. 2413)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Coon Corbett,
Spkr. Cormack Daggett Dinkla Disney
Doderer Drake Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Main Martin Mascher
May McCoy Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Salton Schrader
Schulte Shoultz Siegrist Sukup
Taylor Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Connors Drees Teig
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2462, a bill for an act relating to public access to
motor vehicle records and providing a conditional repeal and an
effective date, was taken up for consideration.
Nelson of Marshall offered the following amendment H-5225 filed
by her and moved its adoption:
H-5225
1 Amend House File 2462 as follows:
2 1. Page 1, line 12, by inserting after the word
3 "information" the following: "to the general
public".
4 2. Page 1, line 19, by inserting after the word
5 "information" the following: "to the general
public".
Amendment H-5225 was adopted.
Nelson of Marshall 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. 2462)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Coon Corbett,
Spkr. Cormack Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Holveck Houser Hurley
Huseman Jacobs 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
Osterhaus Rants Renken 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, 4:
Doderer Fallon Jochum Taylor
Absent or not voting, 2:
Connors Drees
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2413 and 2462.
House File 2419, a bill for an act relating to transportation by
granting the state department of transportation condemnation
rights for utility facility replacement, requiring sixty day
property payments, requiring certain criteria be adopted by
administrative rule, modifying certain damage disclosure
statement requirements, providing for entry onto private
property for sounding and drilling, exempting operators of
trucks hauling cement from certain regulations, and relating to
the disposal of abandoned vehicles, and providing for release of
retained funds for public improvements, was taken up for
consideration.
Heaton of Henry offered the following amendment H-5411 filed by
him and moved its adoption:
H-5411
1 Amend House File 2419 as follows:
2 1. Page 2, by striking line 7 and inserting the
3 following: "annual rate equal to the coupon issue
4 yield equivalent, as determined by the United States
5 secretary of the treasury, of the average accepted
6 auction price for the last auction of fifty-two-week
7 United States treasury bills settled immediately
8 before the date of the award. However, interest shall
9 not begin to accrue after the sixty-first day, until
10 such time as the department obtains a clear title and
11 an abstract for the property."
12 2. Page 3, line 7, by striking the word "thirty"
13 inserting the following: "fifty".
Amendment H-5411 was adopted.
Koenigs of Mitchell offered the following amendment H-5404 filed
by him and moved its adoption:
H-5404
1 Amend House File 2419 as follows:
2 1. Page 2, by striking lines 8 through 16.
3 2. Title page, by striking line 4.
4 3. By renumbering as necessary.
Roll call was requested by Rants of Woodbury and Gipp of
Winneshiek.
On the question "Shall amendment H-5404 be adopted?" (H.F. 2419)
The ayes were, 34:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Doderer Fallon Harper Holveck
Jochum Koenigs Kreiman Mascher
May McCoy Mertz Moreland
Mundie Murphy Myers Nelson, B.
Nelson, L. Ollie Osterhaus Schrader
Shoultz Taylor Vande Hoef Warnstadt
Weigel Witt
The nays were, 64:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett,
Spkr. Cormack Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harrison Heaton
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larkin
Larson Lord Main Martin
Metcalf Meyer Millage Nutt
O'Brien Rants Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Veenstra
Weidman Welter Wise Van Maanen,
Presiding
Absent or not voting, 2:
Connors Drees
Amendment H-5404 lost.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-5237 filed by him on March 7, 1996.
Brauns of Muscatine moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2419)
The ayes were, 76:
Arnold Bell Blodgett Boggess
Bradley Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May McCoy Metcalf
Meyer Millage Nelson, B. Nelson, L.
Nutt Osterhaus Rants Renken
Salton Schrader Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Welter Wise
Van Maanen, Presiding
The nays were, 21:
Baker Bernau Brammer Brand
Doderer Fallon Harper Jochum
Koenigs Kreiman Mertz Moreland
Mundie Murphy Myers O'Brien
Ollie Shoultz Taylor Weigel
Witt
Absent or not voting, 3:
Boddicker Connors Drees
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2437, a bill for an act relating to a restriction for
special minors' licenses for persons ages fourteen and fifteen
and making a penalty applicable, was taken up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2437 be deferred and that the bill be placed on
the unfinished business calendar.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2419 be immediately messaged to the Senate.
House File 2433, a bill for an act relating to the management of
waste tires by providing for the establishment of a waste tire
management fund, allocation of moneys to facilitate elimination
of waste tires and the establishment of future markets for waste
tires, providing for
the redirection of the existing fee on certificates of title of
motor vehicles, and providing a repeal, was taken up for
consideration.
Gipp of Winneshiek offered amendment H-5412 filed by Gipp et.
al. as follows:
H-5412
1 Amend House File 2433 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 321.52A, Code Supplement 1995,
5 is amended to read as follows:
6 321.52A CERTIFICATE OF TITLE SURCHARGE.
7 1. In addition to the fee required for the
8 issuance of a certificate of title under section
9 321.20, 321.20A, 321.23, 321.42, 321.46, 321.47,
10 321.48, 321.50, or 321.52, a surcharge of five dollars
11 shall be required. Of each surcharge collected under
12 those sections, the county treasurer shall remit five
13 dollars to the office of treasurer of state for
14 deposit in the general fund of the state as set
forth
15 in subsection 2.
16 2. For the fiscal year beginning July 1, 1996, the
17 treasurer of state shall deposit one million five
18 hundred thousand dollars of moneys received under
19 subsection 1 in the waste tire management fund created
20 in section 455D.11C, and deposit the remainder in the
21 general fund of the state. For the fiscal year
22 beginning July 1, 1997, the treasurer of state shall
23 deposit two million five hundred thousand dollars of
24 moneys received under subsection 1 in the waste tire
25 management fund, and deposit the remainder in the
26 general fund of the state. For the fiscal year
27 beginning July 1, 1998, and the fiscal year beginning
28 July 1, 1999, the treasurer of state shall deposit
29 three million five hundred thousand dollars of moneys
30 received under subsection 1 in the waste tire
31 management fund, and deposit the remainder in the
32 general fund of the state. For the fiscal year
33 beginning July 1, 2000, the treasurer of state shall
34 deposit two million five hundred thousand dollars of
35 the moneys received under subsection 1 in the waste
36 tire management fund, and one million dollars in the
37 road use tax fund, with the remainder deposited in the
38 general fund of the state. For the fiscal year
39 beginning July 1, 2001, the treasurer of state shall
40 deposit one million five hundred thousand dollars of
41 moneys received under subsection 1 in the waste tire
42 management fund, and three million dollars in the road
43 use tax fund, with the remainder deposited in the
44 general fund of the state. For the fiscal year
45 beginning July 1, 2002, and each subsequent fiscal
46 year, the treasurer of state shall deposit the entire
47 amount of moneys received under subsection 1 in the
48 road use tax fund.
49 Sec. 2. NEW SECTION. 455D.11C WASTE TIRE
50 MANAGEMENT FUND.
Page 2
1 1. A waste tire management fund is created within
2 the state treasury. Moneys received from each five
3 dollar surcharge on the issuance of a certificate of
4 title shall be deposited as provided in section
5 321.52A, subsection 2. Notwithstanding section 8.33,
6 any unexpended balance in the fund at the end of each
7 fiscal year shall be retained in the fund.
8 Notwithstanding section 12C.7, any interest or
9 earnings on investments from moneys in the fund shall
10 be credited to the fund. Moneys from the fund that
11 are expended by the department in closing or bringing
12 into compliance a waste tire collection site pursuant
13 to section 455D.11A and later recouped by the
14 department shall be credited to the fund.
15 2. Moneys in the waste tire management fund are
16 appropriated and shall be used for the following
17 purposes:
18 a. Fifty thousand dollars shall be allocated each
19 fiscal year to the department to administer the waste
20 tire management fund. This amount shall be allocated
21 to the department each fiscal year before other moneys
22 from the waste tire management fund are awarded
23 pursuant to this subsection.
24 b. The awarding of contracts by the department for
25 bringing waste tire collection sites or existing
26 stockpiles of waste tires into compliance with section
27 455D.11, or processing waste tires from existing waste
28 tire collection sites or existing stockpiles of waste
29 tires.
30 c. The awarding of moneys to boards of supervisors
31 of counties or to a designee of each board pursuant to
32 section 455D.11D.
33 d. The awarding of moneys to state board of
34 regents institutions pursuant to section 455D.11E.
35 e. The awarding of moneys to tire processors
36 pursuant to section 455D.11F.
37 3. Notwithstanding any other provision of law,
38 three hundred thousand dollars shall be transferred on
39 August 1, 1996, from the hazardous substance remedial
40 fund created in section 455B.423 to the waste tire
41 management fund. Moneys received in the waste tire
42 management fund pursuant to section 321.52A shall be
43 paid quarterly beginning on July 1, 1997, to the
44 hazardous substance remedial fund until the amount of
45 three hundred thousand dollars has been paid to the
46 hazardous substance remedial fund.
47 Sec. 3. NEW SECTION. 455D.11D WASTE TIRE
48 MANAGEMENT _ GRANT PROGRAM.
49 1. The department shall establish a waste tire
50 management grant program to promote the safe
Page 3
1 collection and disposal of waste tires at the local
2 community level. The program shall consist of all of
3 the following:
4 a. Evaluation and approval or denial of grant
5 applications in accordance with the criteria developed
6 by the department for grants for local waste tire
7 management programs.
8 b. Allocation of grant moneys from the waste tire
9 management fund created in section 455D.11C to boards
10 of supervisors of participating counties or to
11 designees of each board including, but not limited to,
12 public or private entities for which a grant is
13 approved for use in establishing and administering
14 local waste tire management programs.
15 2. Moneys, if available from the waste tire
16 management fund shall be used in the waste tire
17 management program in the following amounts: for the
18 fiscal year beginning July 1, 1996, seven hundred
19 thousand dollars; for each fiscal year during the
20 fiscal period beginning July 1, 1997, and ending July
21 1, 2000, one million dollars; and for the fiscal year
22 beginning July 1, 2001, seven hundred thousand
23 dollars.
24 3. The department shall approve or deny grant
25 applications submitted by boards of supervisors of
26 participating counties.
27 a. Grant moneys shall be allocated to a
28 participating county based upon the population of the
29 county as documented in the 1990 census as follows:
30 (1) Participating counties with populations of
31 less than sixty thousand shall each be allocated grant
32 moneys not to exceed fifteen thousand dollars.
33 (2) Participating counties with populations of
34 sixty thousand but less than one hundred ten thousand
35 shall each be allocated grant moneys not to exceed
36 thirty thousand dollars.
37 (3) Participating counties with populations of one
38 hundred ten thousand one but less than two hundred
39 thousand shall each be allocated grant moneys not to
40 exceed fifty thousand dollars.
41 (4) Participating counties with populations of two
42 hundred thousand or more shall each be allocated grant
43 moneys not to exceed sixty-five thousand dollars.
44 The department may award additional grant moneys to
45 a county with special waste tire concerns or problems.
46 b. The program shall require that boards of
47 supervisors of participating counties submit an annual
48 application for participation by August 14.
49 Applications shall be approved or denied by October 1,
50 in accordance with the criteria developed by the
Page 4
1 department, and moneys shall be allocated by January 1
2 of the subsequent year.
3 c. Grant moneys shall be allocated to the board of
4 supervisors of a participating county for which an
5 application has been approved for the establishment
6 and implementation of local waste tire management
7 programs.
8 d. Each county participating in the grant program
9 shall designate a site or sites for the collection of
10 waste tires, which shall accept waste tires without
11 charge in accordance with local waste tire management
12 programs.
13 e. Each county participating in the grant program
14 is encouraged to promote local waste tire management
15 programs, to encourage nonprofit organization and
16 private entity participation, and to generate local
17 funding for supplementation of the grant moneys
18 awarded. The board of supervisors of a participating
19 county or designees of the board may establish
20 limitations regarding the numbers and types of waste
21 tires collected and the entities from which a site is
22 required to accept waste tires.
23 f. Each board of supervisors of a participating
24 county shall submit an annual report to the department
25 which shall include an itemization of expenditures, a
26 report of the volume of waste tires collected, and
27 recommendations for improvement in the grant program
28 and other information requested by the department in
29 the grant application form.
30 g. Moneys which are not expended but which are
31 encumbered at the end of each year may be retained by
32 the county if the county submits an application for
33 continued grant approval. If a county does not
34 receive continued approval of local waste tire
35 management programs and unexpended and unencumbered
36 moneys remain, the county shall remit the moneys to
37 the treasurer of state for deposit in the waste tire
38 management fund.
39 Sec. 4. NEW SECTION. 455D.11E USE BY REGENTS
40 INSTITUTIONS OF WASTE TIRES TO PRODUCE TIRE-DERIVED
41 FUELS AND FOR OTHER BENEFICIAL USES.
42 State board of regents institutions of higher
43 education, defined in section 262.7, are encouraged to
44 use, to the fullest extent practicable, waste tires
45 for beneficial uses, such as, but not limited to,
46 producing tire-derived fuels. Moneys shall be awarded
47 from the waste tire management fund, pursuant to
48 section 455D.11C, subsection 2, to such an institution
49 by the department pursuant to section 455D.11C to
50 offset additional fuel costs incurred in generating
Page 5
1 heat, electricity, or power on a British thermal unit
2 equivalent basis. Moneys of not more than one hundred
3 thousand dollars may be awarded in the aggregate in a
4 fiscal year to such institutions to offset any
5 increased fuel costs associated with assisting the
6 state's program to dispose of waste tires in an
7 environmentally sound manner, and shall be available
8 only to the extent that such moneys help to reduce the
9 number of waste tires in the state.
10 Sec. 5. NEW SECTION. 455D.11F TIRE PROCESSORS
11 AWARDED MONEYS FOR PROCESSING WASTE TIRES.
12 1. As used in this section:
13 a. "Passenger tire equivalent" means the physical
14 dimensions of a tire which has a rim diameter of
15 sixteen and one-half inches or less.
16 b. "Site of end use" means a site where whole or
17 processed waste tires are permanently legally disposed
18 of, recycled, or reused.
19 c. "Tire processor" means a person who reduces
20 waste tires into a processed form suitable for
21 recycling or producing fuel for energy or heat, or
22 uses whole waste tires in any other beneficial use as
23 authorized by the department. "Tire processor" does
24 not mean a person who retreads tires or processes and
25 stores tires.
26 2. A tire processor who annually processes more
27 than two hundred fifty thousand waste tires, as
28 defined in section 455D.11, or the equivalent, at a
29 processing site as defined in section 455D.11 located
30 within the state may be awarded moneys pursuant to
31 section 455D.11C, subsection 2, from the waste tire
32 management fund of not more than twenty cents per
33 passenger tire equivalent processed and delivered to
34 the site of end use. Moneys of not more than three
35 hundred thousand dollars for such tire processors
36 shall be available in the aggregate in a fiscal year
37 and shall be disbursed by the department upon
38 application and approval to such tire processors. A
39 tire processor shall not receive more than twenty
40 thousand dollars from the waste tire management fund
41 in a fiscal year. A tire processor with a pending
42 enforcement action against the tire processor by the
43 department is ineligible to receive moneys while the
44 enforcement action is pending. A tire processor is
45 encouraged to use moneys awarded under this subsection
46 to lower the rates at which the tire processor sells
47 processed materials.
48 Sec. 6. NEW SECTION. 455D.11G DISPOSAL FEE
49 CHARGED BY RETAIL TIRE DEALER.
50 A retail tire dealer who currently charges a fee
Page 6
1 relating to disposal of used tires is encouraged to
2 include the fee within the sales price of new tires.
3 The practice by retail tire dealers of adding the fee
4 as a separate charge on sales invoices is discouraged.
5 Sec. 7. NEW SECTION. 455D.11H REPEAL.
6 Sections 455D.11C, 455D.11D, 455D.11E, 455D.11F,
7 455D.11G, and this section are repealed effective July
8 1, 2002."
9 2. By renumbering as necessary.
The House stood at ease at 3:08 p.m., until the fall of the
gavel.
The House resumed session at 4:08 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
The following amendment H-5445, to amendment H-5412, filed from
the floor by Gipp of Winneshiek, was adopted by unanimous
consent.
H-5445
1 Amend amendment H-5412, to House File 2433 as
2 follows:
3 1. Page 2, line 31, by striking the words "or to
4 a designee of each board".
Cormack of Webster asked and received unanimous consent to
withdraw amendment H-5420, to amendment H-5412, filed by him
from the floor.
Cormack of Webster offered the following amendment H-5421, to
amendment H-5412, filed by him from the floor and moved its
adoption:
H-5421
1 Amend the amendment, H-5412, to House File 2433, as
2 follows:
3 1. Page 1, by inserting after line 48 the
4 following:
5 "Sec. ___. Section 455D.11, subsection 1,
6 paragraph f, Code 1995, is amended to read as follows:
7 f. (1) "Waste tire" means a tire that is no
8 longer suitable for its originally intended purpose
9 due to wear, damage, or defect.
10 (2) "Waste tire" does not include a any of
the
11 following:
12 (a) A nonpneumatic tire.
13 (b) A processed tire which is used in part or in
14 whole for the construction of erosion control
15 structures, French drains, leachate beds, septic
16 system drain fields, road base, culverts, field
17 crossings, intakes, or other uses where the intended
18 purpose is to produce a beneficial product.
19 (3) For the purposes of this section and sections
20 455D.11A and 455D.11B, a nonpneumatic tire and a
21 processed tire are not solid waste as defined in
22 section 455B.301."
23 2. Page 6, by inserting after line 8 the
24 following:
25 " . Title page, line 6, by inserting after the
26 word "vehicles," the following: "excluding certain
27 waste tires from disposal, collection, processing, and
28 transportation requirements,"."
A non-record roll call was requested.
The ayes were 46, nays 47.
Amendment H-5421 lost.
On motion by Gipp of Winneshiek, amendment H-5412 was adopted,
placing the following amendments filed by Cormack of Webster out
of order:
H-5238 filed on March 7, 1996.
H-5254 filed on March 7, 1996.
H-5261 filed on March 11, 1996.
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. 2433)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Hammitt Barry 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 Osterhaus Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
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, 4:
Connors Drees Halvorson Hurley
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2362, a bill for an act relating to occupational
hearing loss, concerning the definitions, apportionment of
hearing loss, and measurement of hearing loss, was taken up for
consideration.
Sukup of Franklin moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2362)
The ayes were, 61:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Drake Eddie Ertl Garman
Greig Greiner Gries Grubbs
Grundberg Hahn Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Millage
Nelson, B. Nutt Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen,
Presiding
The nays were, 36:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Doderer Fallon Gipp Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May McCoy
Mertz Moreland Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Taylor
Warnstadt Weigel Wise Witt
Absent or not voting, 3:
Connors Drees Halvorson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2362 and 2433.
INTRODUCTION OF BILL
House File 2481, by committee on ways and means, a bill for
an act relating to eligibility criteria and benefits, including
tax benefits to businesses under the new jobs and income program
and establishing a penalty.
Read first time and placed on the ways and means calendar.
SENATE FILE 2108 REREFERRED
The Speaker announced that Senate File 2108, presented referred
to committee on transportation, was rereferred to committee on
local government.
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 eighteenth day of March, 1996: House File 2365.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Sixty-three students from Denison Community School, accompanied
by Steve Schlatter, Larry Peterson, John Held and Jason Amdor.
By Gries of Crawford.
Seventeen 4H members from Jackson and Muscatine, accompanied by
Dave Tabor, Mrs. Cornelius and Mrs. Connoly. By Osterhaus of
Jackson.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF EMPLOYMENT SERVICES
The Annual Status Report on the unemployment compensation fund,
pursuant to Chapter 96.35, Code of Iowa.
JOB TRAINING PARTNERSHIP ACT
The following Substate Area has submitted Proposed Local
Training Plans, for Program Years, 1996-1997, pursuant to
Chapter 7B, Code of Iowa:
Service Delivery Area 6, Hardin, Marshall, Poweshiek and Tama
Counties.
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\278 Florence Mennen, Cedar Falls - For celebrating her One
hundred and first birthday.
1996\279 Eric Niedergeses, Sioux City - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1996\280 Daniel Wilson, Cedar Falls - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\281 Mr. and Mrs. Darrell Gilkyson, Sioux City - For
celebrating their Fiftieth wedding anniversary.
1996\282 Mr. and Mrs. Hartley Parker, Sioux City - For
celebrating their Fiftieth wedding anniversary.
1996\283 Leta Kerber, Council Bluffs - For celebrating her
Ninetieth birthday.
1996\284 Millie Herman, Council Bluffs - For celebrating her
Eightieth birthday.
SUBCOMMITTEE ASSIGNMENTS
House File 2479
Appropriations: Metcalf, Chair; Hanson and Wise.
Senate File 2147
Technology: Brunkhorst, Chair; Baker and Lamberti.
Senate File 2201
Education: Gries, Chair; Grubbs and Ollie.
Senate File 2419
Education: Gries, Chair; Grubbs and Ollie.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 749 Ways and Means
Relating to county and state provisions involving mental health,
disabilities, health care, and substance abuse by amending
associated service, payment, and tax provisions, making an
appropriation, and providing an effective date.
AMENDMENTS FILED
H_5422 H.F. 2454 Heaton of Henry
H_5423 H.F. 2350 Heaton of Henry
H_5424 H.F. 2447 Nutt of Woodbury
H_5425 H.F. 2447 Nutt of Woodbury
Metcalf of Polk
Baker of Polk
H_5426 H.F. 2309 Doderer of Johnson
Metcalf of Polk
H_5427 H.F. 2087 Shoultz of Black Hawk
Burnett of Story Vande Hoef of Osceola
Witt of Black Hawk Mascher of Johnson Holveck of Polk
H_5428 H.F. 2087 Burnett of Story Shoultz of Black
Hawk Holveck of Polk Mascher of Johnson Vande Hoef of
Osceola
Witt of Black Hawk
H_5429 H.F. 2087 Vande Hoef of Osceola
Witt of Black Hawk Shoultz of Black Hawk Burnett of
Story Mascher of Johnson Holveck of Polk
H_5430 H.F. 2087 Witt of Black Hawk Burnett of Story Vande
Hoef of Osceola Mascher of Johnson Shoultz of Black
Hawk Holveck of Polk
H_5431 H.F. 2087 Vande Hoef of Osceola Mascher of
Johnson Burnett of Story Shoultz of Black Hawk Holveck of
Polk Witt of Black Hawk
H_5432 H.F. 2087 Jochum of Dubuque Burnett of Story Vande
Hoef of Osceola
Mascher of Johnson Witt of Black Hawk Holveck of Polk
H_5433 H.F. 2087 Holveck of Polk
Mascher of Johnson Witt of Black Hawk
Burnett of Story Shoultz of Black Hawk
Vande Hoef of Osceola
H_5434 H.F. 2087 Witt of Black Hawk
Burnett of Story Vande Hoef of Osceola
Mascher of Johnson Shoultz of Black Hawk
Holveck of Polk
H_5435 H.F. 2087 Mascher of Johnson
Burnett of Story Shoultz of Black Hawk
Witt of Black Hawk Vande Hoef of Osceola
Holveck of Polk
H_5436 H.F. 2087 Shoultz of Black Hawk
Burnett of Story Vande Hoef of Osceola
Mascher of Johnson Witt of Black Hawk Holveck of Polk
H_5437 H.F. 2087 Holveck of Polk Vande Hoef of
Osceola Shoultz of Black Hawk
Burnett of Story Doderer of Johnson Witt of Black Hawk
H_5438 H.F. 2422 Disney of Polk
H_5439 H.F. 2436 Brunkhorst of Bremer
H_5440 S.F. 2443 Eddie of Buena Vista
H_5441 H.F. 2445 Metcalf of Polk
H_5442 H.F. 2087 Shoultz of Black Hawk
H_5443 H.F. 2087 Fallon of Polk
Mascher of Johnson Burnett of Story
Witt of Black Hawk Shoultz of Black Hawk
Vande Hoef of Osceola Doderer of Johnson Holveck of Polk
H_5444 H.F. 2235 Weigel of Chickasaw
H_5446 H.F. 2304 Brauns of Muscatine
H_5447 S.F. 2443 Baker of Polk Shoultz of Black Hawk Mertz
of Kossuth Myers of Johnson Harper of Black Hawk
H_5448 S.F. 2443 Baker of Polk O'Brien of Boone Mertz of
Kossuth Myers of Johnson
H_5449 H.F. 2182 Millage of Scott
H_5450 S.F. 2443 Wise of Lee Larkin of Lee Moreland of
Wapello
Myers of Johnson McCoy of Polk May of Worth Cohoon of Des
Moines Bell of Jasper Nelson of Pottawattamie
Burnett of Story
H_5451 S.F. 2443 Murphy of Dubuque
Larkin of Lee Moreland of Wapello Myers of Johnson McCoy
of Polk May of Worth Witt of Black Hawk Koenigs of
Mitchell Doderer of Johnson Cohoon of Des Moines Bell of
Jasper Osterhaus of Jackson Wise of Lee Warnstadt of
Woodbury Harper of Black Hawk Burnett of Story Holveck of
Polk Mertz of Kossuth O'Brien of Boone Jochum of
Dubuque Nelson of Pottawattamie Taylor of Linn
On motion by Siegrist of Pottawattamie, the House adjourned at
4:53 p.m., until 8:45 a.m., Tuesday, March 19, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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