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Eighty-first Calendar Day - Fifty-fifth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, March 28, 1996 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend David Ohrt, United Methodist Church, Woodward. The Journal of Wednesday, March 27, 1996 was approved. SENATE MESSAGES CONSIDERED Senate File 2077, by Fink, a bill for an act relating to a property tax exemption for a person who is totally disabled while on active duty with the armed forces of the United States and providing an effective date. Read first time and referred to committee on ways and means. Senate File 2357, by Rittmer, a bill for an act relating to school finance providing for an increase in the amount certified for levy in excess of that previously authorized for bonded indebtedness repayment. Read first time and referred to committee on ways and means. Senate File 2368, by committee on commerce, a bill for an act providing for the regulation of investment securities under Article 8 of the Uniform Commercial Code, and providing conforming changes, and an effective date. Read first time and passed on file. Senate File 2452, by committee on ways and means, a bill for an act relating to the modernization of the vital statistics process and establishing a fee. Read first time and referred to committee on ways and means. CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 122 Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 122, a concurrent resolution to designate March 29, 1996, Iowa State Flag Day, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House Concurrent Resolution 122 be immediately messaged to the Senate. CONSIDERATION OF BILLS Regular Calendar Senate File 2213, a bill for an act relating to the continued existence of the prevention of disabilities policy council and technical assistance committee and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Hammitt Barry of Harrison offered the following amendment H-5481 filed by the committee on human resources and moved its adoption: H-5481 1 Amend Senate File 2213, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking lines 1 and 2 and 4 inserting the following: 5 "Section 1. 1991 Iowa Acts, chapter 169, section 6 9, is amended to read as follows: 7 SEC. 9. This Act is repealed effective June 30, 819962000." The committee amendment H-5481 was adopted. Hammitt Barry of Harrison 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. 2213) The ayes were, 92: Arnold Bell Bernau Blodgett Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cohoon Connors Coon Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Holveck Houser Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 8: Baker Boddicker Brammer Cataldo Churchill Grundberg Hurley Larson 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 2213 be immediately messaged to the Senate. HOUSE FILE 2442 WITHDRAWN Hammitt Barry of Harrison asked and received unanimous consent to withdraw House File 2442 from further consideration by the House. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 2375 and Rule 31.8, relating to the timely filing of amendments, thereto. Senate File 2375, a bill for an act relating to a limitation on qualifications for rebuttable presumptions for nuisance defenses for certain persons classified as chronic violators involved in confinement feeding operations, with report of committee recommending amendment and passage, was taken up for consideration. Lamberti of Polk offered the following amendment H-5537 filed by the committee on judiciary and moved its adoption: H-5537 1 Amend Senate File 2375 as follows: 2 1. Page 1, lines 5 and 6, by striking the words 3 "subsection, including a" and inserting the following: 4 "subsection as to any". The committee amendment H-5537 was adopted. Moreland of Wapello asked and received unanimous consent that amendment H-5706 be deferred. Kreiman of Davis offered amendment H-5707 filed by him as follows: H-5707 1 Amend Senate File 2375, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 657.11, subsection 2, Code 6 Supplement 1995, is amended by striking the subsection 7 and inserting in lieu thereof the following: 8 2. If an animal feeding operation is a small 9 animal feeding operation as defined in section 10 455B.161, there shall be a rebuttable presumption that 11 the small animal feeding operation is not a public or 12 private nuisance under this chapter or under 13 principles of common law, and that the small animal 14 feeding operation does not unreasonably interfere with 15 another person's comfortable use and enjoyment of the 16 person's life or property under any other cause of 17 action. The rebuttable presumption shall not apply if 18 the injury to a person or damage to property is 19 proximately caused by a failure to comply with a 20 federal statute or regulation or a state statute or 21 rule which applies to the animal feeding operation." 22 2. Title page, line 2, by striking the word 23 "persons" and inserting the following: "persons." 24 3. Title page, by striking lines 3 and 4. Millage of Scott in the chair at 9:43 a.m. Speaker Corbett in the chair at 9:47 a.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Boddicker of Cedar, until his arrival, on request of Siegrist of Pottawattamie. Kreiman of Davis moved the adoption of amendment H-5707. Roll call was requested by Kreiman of Davis and Eddie of Buena Vista. On the question "Shall amendment H-5707 be adopted?" (S.F. 2375) The ayes were, 33: Baker Bernau Brammer Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Lord Mascher McCoy Moreland Mundie Murphy Myers Nelson, L. Ollie Osterhaus Schrader Taylor Warnstadt Weigel Witt The nays were, 63: Arnold Bell Blodgett Boggess Bradley Branstad Brauns Carroll Churchill Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Main Martin May Mertz Metcalf Meyer Millage Nelson, B. Nutt O'Brien Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Mr. Speaker Corbett Absent or not voting, 4: Boddicker Brunkhorst Houser Shoultz Amendment H-5707 lost. Kreiman of Davis offered the following amendment H-5714 filed by him from the floor and moved its adoption: H-5714 1 Amend Senate File 2375, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 657.11, subsection 2, Code 6 Supplement 1995, is amended by striking the subsection 7 and inserting in lieu thereof the following: 8 2. There shall be a rebuttable presumption that an 9 animal feeding operation, as defined in section 10 455B.161 is not a public or private nuisance under 11 this chapter or under principles of common law, and 12 that the animal feeding operation does not 13 unreasonably interfere with another person's 14 comfortable use and enjoyment of the person's life or 15 property under any other cause of action. The 16 rebuttable presumption shall not apply if the injury 17 to a person or damage to property is proximately 18 caused by a failure to comply with a federal statute 19 or regulation or a state statute or rule which applies 20 to the animal feeding operation. The rebuttable 21 presumption shall not apply to a confinement feeding 22 operation which confines swine, if the confinement 23 feeding operation is required to obtain a construction 24 permit pursuant to section 455B.173." 25 2. Title page, line 2, by striking the word 26 "persons" and inserting the following: "persons." 27 3. Title page, by striking lines 3 and 4. Roll call was requested by Kreiman of Davis and Eddie of Buena Vista. On the question "Shall amendment H-5714 be adopted?" (S.F. 2375) The ayes were, 37: Arnold Baker Bernau Brammer Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Garman Harper Holveck Jochum Koenigs Kreiman Larkin Lord Mascher McCoy Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Weigel Witt The nays were, 62: Bell Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Cormack Daggett Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Main Martin May Mertz Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Mr. Speaker Corbett Absent or not voting, 1: Boddicker Amendment H-5714 lost. Moreland of Wapello asked and received unanimous consent to withdraw amendment H-5706, previously deferred, filed by him on March 27, 1996. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2375) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Daggett Dinkla Disney Doderer Drake Drees 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Boddicker Brammer 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 2375 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 11:55 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:02 p.m., Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty-five absent. INTRODUCTION OF BILLS House File 2486, by committee on appropriations, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated. Read first time and placed on the appropriations calendar. House File 2487, by committee on ways and means, a bill for an act relating to the price index for growth for purposes of the property tax limitation. Read first time and placed on the ways and means calendar. House File 2488, by committee on ways and means, a bill for an act relating to special census certification and providing an effective date. Read first time and placed on the ways and means calendar. SENATE MESSAGE CONSIDERED Senate File 2221, by Fink, a bill for an act relating to alternate energy production and purchasing requirements, and providing an applicability provision and an effective date. Read first time and referred to committee on ways and means. Unfinished Business Calendar The House resumed consideration of Senate File 2446, a bill for an act relating to agriculture and natural resources, by providing for appropriations, providing related statutory changes, and providing effective dates, previously deferred and placed on the unfinished business calendar, and the committee amendment H-5482 pending. The Speaker announced that with the adoption of amendment H-5336B, to the committee amendment H-5482, amendment H-5563, to the committee amendment H-5482, filed by Wise of Lee, et. al., on March 25, 1996, was out of order. Fallon of Polk asked and received unanimous consent that amendment H-5616, to the committee amendment H-5482, be deferred. Koenigs of Mitchell asked and received unanimous consnt that amendment H-5660, to the committee amendment H-5482, be deferred. Gipp of Winneshiek in the chair at 1:26 p.m. Speaker pro tempore Van Maanen of Marion in the chair at 1:28 p.m. Witt of Black Hawk offered the following amendment H-5654, to the committee amendment H-5482, filed by him and Koenigs and moved its adoption: H-5654 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 6, by striking lines 20 through 24, and 5 inserting the following: "an environmental compliance 6 assistance team which shall identify, list, and survey 7 manure storage structures constructed prior to 1988 in 8 order to develop a priority system for the monitoring 9 of such structures. The team shall provide for long- 10 term monitoring and remediation of the manure storage 11 structures and particularly manure storage structures 12 which pose a heightened risk to water quality." Roll call was requested by Koenigs of Mitchell and Schrader of Marion. On the question "Shall amendment H-5654, to the committee amendment H-5482, be adopted?" (S.F. 2446) The ayes were, 39: Arnold Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Garman Harper Holveck Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Sukup Taylor Teig Warnstadt Weigel Wise Witt The nays were, 54: Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Daggett Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grubbs Hahn Halvorson 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 Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 7: Baker Blodgett Boddicker Cormack Grundberg Jochum Murphy Amendment H-5654 lost. Speaker Corbett in the chair at 1:58 p.m. Sukup of Franklin offered amendment H-5663, to the committee amendment H-5482 filed by him as follows: H-5663 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 7, line 3, by inserting after the word 5 "operations." the following: "The department shall 6 allocate at least $100,000 of this amount to counties 7 to support county enforcement of animal feeding 8 operations as provided in this Act." 9 2. Page 14, by inserting after line 41 the 10 following: 11 "Sec. ___. DEPARTMENT OF NATURAL RESOURCES _ 12 CONSTRUCTION PERMITS. An application for a 13 construction permit for a confinement feeding 14 operation which is filed with the department of 15 natural resources before the effective date of this 16 Act shall not be subject to requirements in this Act 17 amending provisions in chapter 455B which affect the 18 application. However, nothing relieves the 19 application from complying with requirements in 20 chapter 455B as amended by 1995 Iowa Acts, chapter 21 195. 22 Sec. ___. ANIMAL AGRICULTURE CONSULTING 23 ORGANIZATION. The animal agriculture consulting 24 organization established pursuant to 1995 Iowa Acts, 25 chapter 195, section 37, is requested to draft a 26 proposal for a model building code applicable to 27 formed manure storage structures as defined in section 28 455B.161. The animal agriculture consulting 29 organization shall submit the draft proposal to the 30 general assembly not later than January 10, 1997." 31 3. Page 15, by inserting before line 20 the 32 following: 33 "Sec. ___. NEW SECTION. 331.302A CONFINEMENT 34 FEEDING OPERATIONS. 35 1. If a confinement feeding operation, including a 36 related animal feeding operation structure, as 37 provided in chapter 455B, is located in a county, that 38 county board of supervisors may enforce the provisions 39 in chapter 455B applicable to confinement feeding 40 operations, including rules adopted by the department 41 of natural resources as provided in section 455B.173 42 against the owner of the confinement feeding 43 operation. 44 2. In order to proceed in an enforcement action, 45 the board must deliver a notice to the department, 46 stating that a confinement feeding operation may be in 47 violation of chapter 455B or departmental rules. The 48 board shall deliver the notice after approval of the 49 board action by resolution. The notice shall be in 50 writing and shall state the location of the Page 2 1 confinement feeding operation, the name and address of 2 the owner, the name and address of the complainant, 3 and an explanation of the possible violation. The 4 board may inform the department that the board 5 reserves its right to enforce chapter 455B and related 6 rules as provided in this section, if the department 7 fails to initiate an enforcement action or continue an 8 enforcement action which results in an administrative 9 hearing or a settlement of the case. The county may 10 begin enforcement proceedings after fourteen calendar 11 days following delivery of the notice, unless the 12 county receives notice by the department that the 13 department has initiated an enforcement action in the 14 case as provided in this subsection. The department 15 shall proceed in the active enforcement of the case. 16 3. Once a county begins an enforcement action as 17 provided in this section, it shall be the party in 18 interest in the case and shall have sole authority and 19 responsibility to carry out the action. The county 20 may refer any case to the attorney general. The 21 department of natural resources may assume prosecution 22 of the enforcement action from the county. However, 23 if the department assumes prosecution of the 24 enforcement action, the department shall be required 25 to resolve the action. 26 4. The county shall bring the enforcement action 27 according to the same procedures used for a county 28 infraction as provided in section 331.307. The 29 department shall establish classifications for 30 violations and the maximum amount that a county may 31 assess as a civil penalty for each classification. 32 However, the amount of the civil penalty shall not be 33 more than could be assessed by the department for the 34 same violation. The department shall reimburse the 35 county for fifty percent of the costs incurred by the 36 county in enforcing the action. 37 Sec. ___. Section 455B.161, subsection 3, Code 38 Supplement 1995, is amended to read as follows: 39 3. a. "Animal feeding operation" means a lot, 40 yard, corral, building, or other area in which animals 41 are confined and fed and maintained for forty-five 42 days or more in any twelve-month period, and all 43 structures used for the storage of manure from animals 44 in the operation. 45 b. Two or more animal feeding operationsunder46 shall be deemed to be a single animal feeding 47 operation if the operations meet both of the following 48 criteria: 49 (1) Are under common ownership or managementare50deemed to be a single animal feeding operation if theyPage 3 1are adjacent or utilize. 2 (2) Utilize a common system for manure storage or 3 are separated at their closest points by two thousand 4 five hundred feet or less. 5 c. An animal feeding operation does not include a 6 livestock market. 7 Sec. ___. Section 455B.171, Code Supplement 1995, 8 is amended by adding the following new subsection: 9 NEW SUBSECTION. 1A. "Earthen manure storage 10 basin" means the same as defined in section 455B.161. 11 Sec. ___. Section 455B.172, Code 1995, is amended 12 by adding the following new subsections: 13 NEW SUBSECTION. 9. A county board of supervisors 14 in the county where a confinement feeding operation is 15 located may enforce the provisions of this chapter 16 including rules adopted by the department pursuant to 17 section 455B.173, against the confinement feeding 18 operation, as provided in section 331.302A. 19 NEW SUBSECTION. 10. Pursuant to one or more 20 chapter 28E agreements entered into by the department 21 and the county boards of health for Appanoose, Clarke, 22 Decatur, Lucas, Monroe, and Wayne counties, the 23 department may delegate its authority to the county 24 boards of health in those counties, under the 25 authority granted to the county boards of health in 26 chapter 137, to inspect water in or originating from 27 the Rathbun water impoundment. The inspection may 28 include testing, monitoring, and analyzing water in or 29 originating from the water impoundment. The county 30 board of health shall only inspect water in or 31 originating from the water impoundment if all of the 32 following apply: 33 a. The inspection is within an area where the 34 point of pollution could occur between manure from an 35 animal feeding operation structure which is part of a 36 confinement feeding operation and water in or 37 originating from the water impoundment. 38 b. The confinement feeding operation confines and 39 feeds swine. 40 c. The total manure storage capacity of manure 41 storage structures connected to the confinement 42 feeding operation is four million gallons or more. 43 A county may impose a special annual fee on each 44 confinement feeding operation which has been assessed 45 a civil penalty during the year, in order to reimburse 46 the county board of health for administering this 47 subsection. The amount of the annual fee shall not 48 exceed one thousand dollars. If unpaid when due as 49 provided by the county, the amount shall be placed 50 upon the tax books and collected, with interest and Page 4 1 penalties after due, in the same manner as other 2 unpaid property taxes. 3 Sec. ___. Section 455B.201, Code Supplement 1995, 4 is amended by adding the following new subsection: 5 NEW SUBSECTION. 5. A person shall not construct 6 or expand an earthen manure storage basin used in 7 conjunction with a confinement feeding operation in 8 which swine are confined, if all earthen manure 9 storage basins serving the confinement feeding 10 operation as constructed or expanded would have a 11 capacity to store more than four million gallons of 12 waste discharge. 13 Sec. ___. Section 455B.204, subsection 1, 14 unnumbered paragraph 1, Code Supplement 1995, is 15 amended to read as follows: 16 An animal feeding operation structure shall be 17locatedconstructed at leastfiveone thousand two 18 hundred fifty feet away from an unplugged agricultural 19 drainage well or the surface intake of an agricultural 20 drainage wellor; at least five hundred feet away from 21 a known sinkhole,; and at least two hundred feet away 22 from a lake, river, or stream located within the 23 territorial limits of the state, or any marginal river 24 area adjacent to the state, which can support a 25 floating vessel capable of carrying one or more 26 persons during a total of a six-month period in one 27 out of ten years, excluding periods of flooding. 28 However, no distance separation is required between a 29 location or object and a farm pond or privately owned 30 lake, as defined in section 462A.2." 31 4. Page 15, by striking lines 26 through 28. 32 5. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-5663 was not germane, to committee amendment H-5482. The Speaker ruled the point well taken and amendment H-5663 not germane, to the committee amendment H-5482. Sukup of Franklin asked for unanimous consent to suspend the rules to consider amendment H-5663. Objection was raised. Sukup of Franklin moved to suspend the rules to consider amendment H-5663. Roll call was requested by Schrader of Marion and Koenigs of Mitchell. On the question "Shall the rules be suspended to consider amendment H-5663, to the committee amendment H-5482?" (S.F. 2446) The ayes were, 38: Arnold Bernau Brammer Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Garman Harper Holveck Hurley Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Sukup Taylor Teig Warnstadt Weigel Wise Witt The nays were, 53: Bell Boggess Bradley Branstad Brauns Brunkhorst Carroll Cormack Daggett Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Heaton Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin McCoy Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 9: Baker Blodgett Boddicker Churchill Grundberg Harrison Houser Jochum Murphy The motion to suspend the rules lost. Garman of Story offered amendment H-5656, to the committee amendment H-5482, filed by her. Division was requested as follows: H-5656 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-5656A 4 1. Page 7, by inserting after line 38 the 5 following: 6 "c. CONDITION OF APPROPRIATION. The amount 7 appropriated pursuant to this subsection shall be 8 conditional upon the division adopting by rule, which 9 shall become effective December 31, 1996, requirements 10 relating to the disposal of manure in close proximity 11 to a designated area. The rules shall prohibit a 12 person disposing of manure on cropland within two 13 hundred feet from a designated area, as defined in 14 section 159.27, Code Supplement 1995." H-5656B 15 2. Page 15, by inserting before line 20 the 16 following: 17 "Sec. ___. Section 455B.201, subsection 2, Code 18 Supplement 1995, is amended to read as follows: 19 2. Manure from an animal feeding operation shall 20 be disposed of in a manner which will not cause 21 surface water or groundwater pollution. Disposal in 22 accordance with the provisions of state law, including 23 this chapter, rules adopted pursuant to the provisions 24 of state law, including this chapter, and guidelines 25 adopted pursuant to this chapter, and section 159.27,26 shall be deemed as compliance with this requirement. 27 Sec. ___. Section 455B.204, subsection 2, Code 28 Supplement 1995, is amended by striking the 29 subsection. 30 Sec. ___. REPEAL. 31 1. Section 159.27, Code Supplement 1995, is 32 repealed. 33 2. This section takes effect December 31, 1996." 34 3. By renumbering as necessary. Garman of Story moved the adoption of amendment H-5656A, to the committee amendment H-5482. A non-record roll call was requested. The ayes were 36, nays 44. Amendment H-5656A lost. Burnett of Story offered amendment H-5564, to the committee amendment H-5482, filed by Burnett, et. al., as follows: H-5564 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate as 3 follows: 4 1. Page 9, line 25, by striking the figure 5 "8,000,000" and inserting the following: 6 "10,000,000". 7 2. By renumbering as necessary. Van Fossen of Scott in the chair at 2:25 p.m. Burnett of Story moved the adoption of amendment H-5564, to the committee amendment H-5482. Roll call was requested by Burnett of Story and Murphy of Dubuque. Rule 75 was invoked. On the question "Shall amendment H-5564, to the committee amendment H-5482, be adopted?" (S.F. 2446) The ayes were, 45: Arnold Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Dinkla Doderer Drees Fallon Garman Gries Grundberg Harper Heaton Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Tyrrell Warnstadt Weigel Welter Wise Witt The nays were, 54: Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Disney Drake Eddie Ertl Gipp Greig Greiner Grubbs Hahn Halvorson Hammitt Barry Hanson Harrison 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 Van Maanen Vande Hoef Veenstra Weidman Van Fossen, Presiding Absent or not voting, 1: Boddicker Amendment H-5564 lost. Hahn of Muscatine offered the following amendment H-5657, to the committee amendment H-5482, filed by him and Mertz and moved its adoption: H-5657 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 9, line 34, by striking the word 5 "purpose" and inserting the following: "purposes". 6 2. Page 9, line 35, by inserting before the word 7 "To" the following: "1." 8 3. Page 9, line 41, by striking the figure "1." 9 and inserting the following: "a." 10 4. Page 9, line 41, by striking the word 11 "section" and inserting the following: "subsection". 12 5. Page 9, line 47, by striking the figure "2." 13 and inserting the following: "b." 14 6. Page 10, line 4, by striking the word 15 "section" and inserting the following: "subsection". 16 7. Page 10, by inserting after line 6 the 17 following: 18 "2. To the Iowa agricultural development authority 19 as established pursuant to section 175.3, to support 20 the establishment of an agri-entrepreneurship 21 education project to provide beginning agriculturists 22 with an opportunity to gain experience in owning or 23 operating agriculture-related businesses through 24 enterpreneurship loans to future farmers of America 25 chapters or other organizations administering 26 secondary education-related agricultural programs: 27 $ 250,000" 28 8. By renumbering as necessary. Amendment H-5657 was adopted. Weigel of Chickasaw offered amendment H-5658, to the committee amendment H-5482, filed by him and requested division as follows: H-5658 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-5658A 4 1. Page 9, line 34, by striking the word 5 "purpose" and inserting the following: "purposes". 6 2. Page 9, line 35, by inserting before the word 7 "To" the following: "1." 8 3. Page 9, line 41, by striking the figure "1." 9 and inserting the following: "a." 10 4. Page 9, line 41, by striking the word 11 "section" and inserting the following: "subsection". 12 5. Page 9, line 47, by striking the figure "2." 13 and inserting the following: "b." 14 6. Page 10, line 4, by striking the word 15 "section" and inserting the following: "subsection". H-5658B 16 7. Page 10, by inserting after line 6 the 17 following: 18 "2. To the soil conservation division of the 19 department of agriculture and land stewardship to H-5658B 20 support soil and water conservation district 21 development including the training of soil and water 22 conservation district staff: 23 $ 42,000" 24 8. By renumbering as necessary. On motion by Weigel of Chickasaw, amendment H-5658A, to the committee amendment H-5482, was withdrawn. Weigel of Chickasaw offered amendment H-5659, to the committee amendment H-5482, filed by him and requested division as follows: H-5659 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-5659A 4 1. Page 9, line 34, by striking the word 5 "purpose" and inserting the following: "purposes". 6 2. Page 9, line 35, by inserting before the word 7 "To" the following: "1." 8 3. Page 9, line 41, by striking the figure "1." 9 and inserting the following: "a." 10 4. Page 9, line 41, by striking the word 11 "section" and inserting the following: "subsection". 12 5. Page 9, line 47, by striking the figure "2." 13 and inserting the following: "b." 14 6. Page 10, line 4, by striking the word 15 "section" and inserting the following: "subsection". H-5659B 16 7. Page 10, by inserting after line 6 the 17 following: 18 "2. To the soil conservation division of the 19 department of agriculture and land stewardship for 20 purposes of supporting the oversight of financial 21 incentive programs administered by the division, and 22 for the salary and support of not more than the 23 following full-time equivalent position: 24 $ 56,000 25 FTEs 1.00" 26 8. By renumbering as necessary. On motion by Weigel of Chickasaw, amendment H-5659A, to the committee amendment H-5482, was withdrawn. Ollie of Clinton offered the following amendment H-5518, to the committee amendment H-5482, filed by him and moved its adoption: H-5518 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 9, line 39, by inserting after the figure 5 "455B" the following: "and researching the abatement 6 of animal-related odor in urban areas, from animal- 7 related odor sources including, but not limited to, 8 animal rendering and slaughtering facilities". Amendment H-5518 lost. The House considered amendment H-5658B, to the committee amendment H-5482. On motion by Weigel of Chickasaw, amendment H-5658B was adopted. The House considered amendment H-5659B, to the committee amendment H-5482. On motion by Weigel of Chickasaw, amendment H-5659B, was adopted. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-5719, to the committee amendment H-5482, filed by him from the floor. Burnett of Story asked and received unanimous consent to withdraw amendment H-5562, to the committee amendment H-5482, filed by her and Fallon on March 25, 1996. Speaker pro tempore Van Maanen of Marion in the chair at 3:09 p.m. Mundie of Webster offered the following amendment H-5519, to the committee amendment H-5482, filed by him and moved its adoption: H-5519 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate as 3 follows: 4 1. Page 11, by striking lines 29 through 42. 5 2. By renumbering as necessary. Roll call was requested by Mundie of Webster and Schrader of Marion. On the question "Shall amendment H-5519, to the committee amendment H-5482, be adopted?" (S.F. 2446) The ayes were, 40: Arnold Baker Bell Bernau Brammer Brand Branstad Burnett Carroll Cataldo Cohoon Connors Doderer Drees Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Metcalf Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Weidman Weigel Wise The nays were, 51: Blodgett Bradley Brauns Brunkhorst Coon Cormack Daggett Dinkla Disney Drake Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Main Martin Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Welter Van Maanen, Presiding Absent or not voting, 9: Boddicker Boggess Churchill Corbett, Spkr. Eddie Grundberg Houser Lord Witt Amendment H-5519 lost. Hahn of Muscatine asked and received unanimous consent to withdraw amendment H-5640B, to the committee amendment H-5482, found on page 1075 of the House Journal. Hahn of Muscatine offered the following amendment H-5669, to the committee amendment H-5482, filed by him and moved its adoption: H-5669 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 13, by striking lines 10 through 14 and 5 inserting the following: "department of natural 6 resources may purchase lands on which to locate a 7 native American war memorial." Amendment H-5669 was adopted. Greiner of Washington offered the following amendment H-5613, to the committee amendment H-5482, filed by her and moved its adoption: H-5613 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 14, by inserting after line 41 the 5 following: 6 "Sec. ___. SOIL AND WATER CONSERVATION CONFERENCE. 7 1. The division of soil conservation of the 8 department of agriculture and land stewardship shall 9 sponsor a conference not later than September 1, 1996, 10 regarding the protection of cropland soils in this 11 state. The conference shall include discussions of 12 the status of soil and water conservation as it 13 relates to conservation compliance accomplishments, 14 agricultural production policies, water quality 15 protection, and the state's Iowa soil 2000 goal. 16 2. Conferees shall include representatives of the 17 division of soil conservation, the state soil 18 conservation committee, soil and water conservation 19 districts, the natural resources conservation service 20 of the United States department of agriculture, the 21 cooperative extension service of Iowa state 22 university, and the department of natural resources. 23 The division of soil conservation shall invite other 24 interested persons to serve as conferees, including 25 members of Iowa's congressional delegation; the 26 chairpersons and ranking members of the standing 27 committees on agriculture, and on natural resources, 28 environment, and energy of the senate; the 29 chairpersons and ranking members of the standing 30 committees on agriculture, on natural resources, and 31 on environmental protection of the house of 32 representatives; the chairpersons and ranking members 33 of the joint appropriations subcommittee on 34 agriculture and natural resources; representatives of 35 the United States environmental protection agency; and 36 members of farm and commodity organizations. 37 3. The division of soil conservation shall report 38 to the general assembly not later than January 15, 39 1997, regarding findings and recommendations of the 40 conferees." 41 2. By renumbering as necessary. Amendment H-5613 was adopted. Witt of Black Hawk offered the following amendment H-5634, to the committee amendment H-5482, filed by him and Salton and moved its adoption: H-5634 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 14, by inserting after line 41 the 5 following: 6 "Sec. ___. LAND ACQUISITION _ NATURAL RESOURCE 7 COMMISSION. The natural resource commission, upon 8 consultation with department of natural resources 9 staff, shall develop and implement a land acquisition 10 policy which shall be embodied in a strategic land 11 acquisition plan administered by the department. The 12 land acquisition policy and the land acquisition 13 strategic plan shall provide for the acquisition of 14 land in order to enhance the quality of existing state 15 parks, state preserves, and state recreation areas. 16 The commission shall consider all of the following 17 factors and may consider additional factors: 18 1. The enhancement of the goals of an ecosystem or 19 biodiversity management plan for a state park, state 20 preserve, or state recreation area. 21 2. The proximity or contiguity of the land to a 22 state park, state preserve, or state recreation area. 23 3. The quality of existing natural communities 24 existing on the land. 25 4. The presence on the land of threatened or 26 endangered species. 27 5. The potential for enhancing the natural quality 28 or recreational potential of land owned or managed for 29 conservation purposes by other public or nonprofit 30 entities. 31 6. The risk of losing natural assets through the 32 sale of the land to a competing interest. 33 7. The preservation or enhancement of unique 34 irreplaceable archaeological, historical, or cultural 35 features existing on land owned or managed for such 36 purposes by other public or nonprofit entities." 37 2. By renumbering as necessary. Amendment H-5634 was adopted. Hahn of Muscatine asked and received unanimous consent to withdraw amendment H-5648, to the committee amendment H-5482, filed by him on March 26, 1996. Brand of Benton offered the following amendment H-5661, to the committee amendment H-5482, filed by him and moved its adoption: H-5661 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 14, by inserting after line 41 the 5 following: 6 "Sec. ___. GIFT CERTIFICATES FOR SPECIAL PRIVILEGE 7 FEES ON STATE PARKS AND RECREATION AREAS. The 8 department of natural resources shall publish and make 9 available for purchase by the general public gift 10 certificates entitling the bearer of the certificate 11 to free camping and other special privileges at state 12 parks and recreation areas. The department shall 13 establish prices for the certificates based on amounts 14 required to be paid in fees for camping and special 15 privileges pursuant to section 461A.47." 16 2. By renumbering as necessary. Amendment H-5661 was adopted. Hahn of Muscatine asked and received unanimous consent to withdraw amendment H-5682, to the committee amendment H-5482, filed by him on March 27, 1996. Garman of Story offered amendment H-5535, to the committee amendment H-5482, filed by her as follows: H-5535 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, by inserting before line 20 the 5 following: 6 "Sec. ___. Section 335.2, Code 1995, is amended to 7 read as follows: 8 335.2FARMSAGRICULTURAL PURPOSES EXEMPT. 9 1. As used in this section, "confinement swine 10 feeding operation" means a confinement feeding 11 operation as defined in section 455B.161 in which 12 swine are confined and fed. 13 2. Exceptto the extent required to implement14section 335.27, noas provided in this section, an 15 ordinance adopted under this chapterappliesshall not 16 apply to an agricultural operation, including land, 17farmhouses,farmbarns,farmoutbuildings, or other 18 buildings or structures, which are primarily adapted, 19 by reason of nature and area, foruse foran 20 agriculturalpurposespurpose, while so used. 21 However,the ordinancesan ordinance adopted under 22 this chapter may apply to any of the following: 23 a. The implementation of an agricultural land 24 preservation ordinance, as provided in section 335.27. 25 b. A structure, building, dam, obstruction, 26 deposit, or excavation in or on the flood plains of 27anya river or stream. 28 c. A confinement swine feeding operation. 29 However, an ordinance adopted under this chapter shall 30 not apply to a confinement swine feeding operation, if 31 any of the following are applicable: 32 (1) There are less than three thousand five 33 hundred head of swine subject to care and feeding by 34 the confinement swine feeding operation. 35 (2) The owner of the parcel of agricultural land 36 where the confinement swine feeding operation is 37 located is qualified to file for a homestead tax 38 credit as provided pursuant to section 425.2 on that 39 parcel." 40 2. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-5535 was not germane, to the committee amendment H-5482. The Speaker ruled the point well taken and amendment H-5535 not germane, to the committee amendment H-5482. Garman of Story moved to suspend the rules to consider amendment H-5535, to the committee amendment H-5482. Roll call was requested by Schrader of Marion and Koenigs of Mitchell. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-5535, to the committee amendment H-5482?" (S.F. 2446) The ayes were, 43: Arnold Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Garman Harper Holveck Hurley Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Sukup Taylor Teig Warnstadt Weigel Wise Witt The nays were, 54: Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 3: Boddicker Grundberg Houser The motion to suspend the rules lost. Shoultz of Black Hawk offered amendment H-5617, to the committee amendment H-5482, filed by him as follows: H-5617 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, by inserting before line 20 the 5 following: 6 "Sec. ___. Section 321.34, subsection 17, 7 paragraph c, Code Supplement 1995, is amended to read 8 as follows: 9 c. The special natural resources fee for letter 10 number designated natural resources plates is thirty- 11 five dollars. The fee for personalized natural 12 resources plates is forty-five dollars which shall be 13 paid in addition to the special natural resources fee 14 of thirty-five dollars. The fees collected by the 15 director under this subsection shall be paid monthly 16 to the treasurer of state and credited to the road use 17 tax fund. Notwithstanding section 423.24, and prior 18 to the crediting of revenues to the road use tax fund 19 under section 423.24, subsection 1, paragraph "d", the 20 treasurer of state shall credit monthly from those 21 revenues to the Iowa resources enhancement and 22 protection fund created pursuant to section 455A.18, 23 the amount of the special natural resources fees 24 collected in the previous month for the natural 25 resources plates. Upon each date that an amount is 26 credited to the Iowa resources enhancement and 27 protection fund under this paragraph, there is 28 appropriated from the general fund of the state to the 29 Iowa resources enhancement and protection fund an 30 identical amount." 31 2. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-5617 was not germane, to the committee amendment H-5482. The Speaker ruled the point not well taken and amendment H-5617 germane, to the committee amendment H-5482. LEAVE OF ABSENCE Leave of absence was granted as follows: Daggett of Union, for the remainder of the day, on request of Siegrist of Pottawattamie. Shoultz of Black Hawk moved the adoption of amendment H-5617, to the committee amendment H-5482. Roll call was requested by Schrader of Marion and Shoultz of Black Hawk. On the question "Shall amendment H-5617, to the committee amendment H-5482, be adopted?" (S.F. 2446) The ayes were, 41: Arnold Baker Bell Bernau Brammer Brand Burnett Cohoon Connors Dinkla Doderer Drees Fallon Greiner Gries Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Schulte Shoultz Taylor Warnstadt Weigel Wise Witt The nays were, 53: Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Disney Drake Eddie Ertl Garman Gipp Greig Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Siegrist Sukup Teig Thomson Tyrrell Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 6: Boddicker Cataldo Daggett Grubbs Larson Van Fossen Amendment H-5617 lost. Speaker Corbett in the chair at 4:47 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Baker of Polk, for the remainder of the day, on request of Schrader of Marion. Shoultz of Black Hawk offered the following amendment H-5618, to the committee amendment H-5482, filed by him and moved its adoption: H-5618 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, by inserting before line 20 the 5 following: 6 "Sec. ___. Section 455A.18, subsection 3, 7 unnumbered paragraph 1, Code 1995, is amended to read 8 as follows: 9 For each fiscal year of the fiscal period beginning 10 July 1,19901996, and ending June 30,20012021, 11 there is appropriated from the general fund, to the 12 Iowa resources enhancement and protection fund, the 13 amount of thirty million dollars,except that for the14fiscal year beginning July 1, 1990, the amount is15twenty million dollars,to be used as provided in this 16 chapter. However, in any fiscal year of the fiscal 17 period, if moneys from the lottery are appropriated by 18 the state to the fund, the amount appropriated under 19 this subsection shall be reduced by the amount 20 appropriated from the lottery." 21 2. By renumbering as necessary. Roll call was requested by Shoultz of Black Hawk and Siegrist of Pottawattamie. Rule 75 was invoked. On the question "Shall amendment H-5618, to the committee amendment H-5482, be adopted?" (S.F. 2446) The ayes were, 38: Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Garman Hammitt Barry Hanson Harper Holveck Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Weigel Wise The nays were, 55: Arnold Blodgett Boggess Branstad Brauns Brunkhorst Carroll Churchill Cormack Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grundberg Hahn Halvorson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 7: Baker Boddicker Bradley Daggett Grubbs Jochum Witt Amendment H-5618 lost. Weigel of Chickasaw offered amendment H-5629, to the committee amendment H-5482, filed by him as follows: H-5629 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, by inserting before line 20 the 5 following: 6 "Sec. ___. NEW SECTION. 172A.14 PRICE 7 DISCRIMINATION _ PROHIBITION. 8 1. Except as provided in this section, a dealer or 9 a broker, or an agent purchasing livestock for 10 slaughter shall not discriminate in prices paid or 11 offered to be paid to sellers of that livestock. 12 2. This section shall not apply to a person 13 exempted from the license and financial responsibility 14 provisions of this chapter pursuant to section 172A.6. 15 This section shall not apply to a livestock market as 16 defined in section 455B.161. This section shall not 17 apply to a person purchasing cattle, including calves, 18 for slaughter. This section shall also not apply, if 19 all of the following requirements are met: 20 a. The price differential is based on one of the 21 following: 22 (1) The quality of the livestock, if the broker, 23 dealer, or agent purchases the livestock based upon a 24 payment method specifying prices paid for criteria 25 relating to carcass merit. 26 (2) Actual and quantifiable costs related to 27 transporting and acquiring the livestock by the broker 28 or dealer, or the agent. 29 (3) An agreement for the delivery of livestock at 30 a specified date or time. 31 (4) The number of livestock purchased from a 32 seller by a dealer or a broker, or an agent. 33 b. After making a differential payment to a 34 seller, the broker, dealer, or agent publishes 35 information relating to the differential pricing, 36 including the payment method for carcass merit, 37 transportation and acquisition pricing, and an offer 38 to enter into an agreement for the delivery of 39 livestock at a specified date or time according to the 40 same terms and conditions offered to other sellers. 41 3. A broker, dealer, or agent shall provide all 42 sellers with the same terms and conditions offered to 43 a seller who receives a differential price based on 44 any of the criteria described in subsection 2, 45 paragraph "a". 46 4. The dealer, broker, or agent shall, at the 47 beginning of each day in which livestock are 48 purchased, post in a conspicuous place at the point of 49 delivery, all prices for livestock to be paid that 50 day. Page 2 1 5. An agreement made by a broker or dealer, or an 2 agent with a seller in violation of this section is 3 voidable. 4 6. A broker or dealer, or an agent acting in 5 violation of this section is guilty of a fraudulent 6 practice as provided in chapter 714. 7 7. The attorney general shall enforce this 8 section. The department shall refer any violations of 9 this chapter to the attorney general. The attorney 10 general or any person injured by a violation of this 11 section may bring an action in district court to 12 restrain a dealer or broker, or an agent from 13 violating this section. A seller who receives a 14 discriminatory price or who is offered only a 15 discriminatory price for livestock based upon a 16 violation of this section by a broker or dealer, or an 17 agent, has a civil cause of action against the broker 18 or dealer, or an agent, and, if successful, shall be 19 awarded treble damages. 20 Sec. ___. NEW SECTION. 172A.14A REPORTING. 21 1. As used in this section: 22 a. "Packer" means a person, other than a packer's 23 agent, who is engaged in this state or out-of-state in 24 the business of slaughtering live animals or 25 receiving, buying, or soliciting live animals for 26 slaughtering, the meat products of which are directly 27 or indirectly to be offered for resale or for public 28 consumption. 29 b. "Packer's agent" means a person engaged in 30 buying or soliciting livestock for slaughter on behalf 31 of a packer. 32 2. A packer, other than a cold storage plant 33 regulated under chapter 171 or a frozen food locker 34 plant regulated under chapter 172, shall make 35 available for publication and to a board of trade 36 approved by the secretary of state, a daily report 37 setting forth information regarding prices paid for 38 livestock, under each contract in force, in which the 39 packer or the packer's agent, and an Iowa resident are 40 parties for the purchase of the livestock by the 41 packer or the packer's agent, and which sets a date 42 for delivery more than twenty days after the making of 43 the contract. 44 3. The reports shall be completed on forms 45 prepared by the secretary of state for comparison with 46 cash market prices for livestock according to 47 procedures required by the secretary of state. 48 However, a report shall not include information 49 regarding the identity of a seller. 50 4. The failure to report as required by this Page 3 1 section is punishable by a civil penalty not to exceed 2 one thousand dollars for each day that a timely or 3 truthful report is not published. The secretary of 4 state shall refer to the attorney general any packer 5 or packer's agent who the secretary of state believes 6 is in violation of this section. The attorney general 7 may, upon referral from the secretary of state, file 8 an action in district court to enforce this section." 9 2. Page 15, by striking lines 26 through 28. 10 3. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-5629 was not germane, to the committee amendment H-5482. The Speaker ruled the point well taken and amendment H-5629 not germane, to the committee amendment H-5482. Weigel of Chickasaw moved to suspend the rules to consider amendment H-5629. Roll call was requested by Schrader of Marion and Kreiman of Davis. On the question "Shall the rules be suspended to consider amendment H-5629, to the committee amendment H-5482?" (S.F. 2446) The ayes were, 41: Arnold Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Coon Drees Fallon Garman Harper Holveck Hurley Jochum Klemme Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Sukup Taylor Warnstadt Weigel Wise Witt The nays were, 54: Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Cormack Dinkla Disney Doderer Drake Eddie Ertl Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Huseman Jacobs 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 Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 5: Baker Boddicker Daggett Grubbs Houser The motion to suspend the rules lost. Weigel of Chickasaw asked and received unanimous consent to defer on amendment H-5631, to the committee amendment H-5482. Greig of Emmet asked and received unanimous consent to withdraw amendment H-5632, to the committee amendment H-5482, filed by him on March 26, 1996. Koenigs of Mitchell offered amendment H-5637, to the committee amendment H-5482, filed by Koenigs, et. al., as follows: H-5637 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, by inserting before line 20 the 5 following: 6 "Sec. ___. Section 335.2, Code 1995, is amended to 7 read as follows: 8 335.2FARMSAGRICULTURAL PURPOSES EXEMPT. 9 Exceptto the extent required to implement section10335.27, noas provided in this section, an ordinance 11 adopted under this chapterappliesshall not apply to 12 an agricultural operation, including land,farm13 houses,farmbarns,farmoutbuildings, or other 14 buildings or structures, which are primarily adapted, 15 by reason of nature and area, foruse foran 16 agriculturalpurposespurpose, while so used. 17 However,the ordinancesan ordinance adopted under 18 this chapter may apply to any of the following: 19 1. The implementation of an agricultural 20 preservation ordinance, as provided in section 335.27. 21 2. A structure, building, dam, obstruction, 22 deposit, or excavation in or on the flood plains of 23anya river or stream. 24 3. An animal feeding operation, as defined in 25 section 455B.161, other than an animal feeding 26 operation which is part of a family farm. The county 27 board of supervisors shall determine if an 28 agricultural operation qualifies as a family farm. In 29 making this determination the board shall review facts 30 relating to the agricultural operation and the person 31 owning or leasing the land where the agricultural 32 operation is located, including the extent to which 33 the person: 34 a. Has held an interest in the land. 35 b. Is actively engaged in farming the land. 36 c. Produces different species of livestock on the 37 land. 38 d. Produces crops on the land. If crops are 39 produced on the land, the board shall consider the 40 extent to which the crops are used to feed livestock 41 produced on the land. 42 e. Owns and operates machinery for the following: 43 (1) The planting and harvesting of grain on the 44 land. 45 (2) The application of manure on the land. 46 f. Owns and uses facilities for the storage of 47 grain produced on the land. 48 Sec. ___. Section 455B.162, subsection 1, 49 paragraph b, unnumbered paragraph 1, Code Supplement 50 1995, is amended to read as follows: Page 2 1 The following table represents the minimum 2 separation distance in feet required between animal 3 feeding operation structures and a public use area or 4a residence not owned by the owner of the animal5feeding operation, a commercial enterprise, a bona6fide religious institution, or an educational7institution located withinthe corporate limits of a 8 city: 9 Sec. ___. Section 657.1, Code Supplement 1995, is 10 amended to read as follows: 11 657.1 NUISANCE _ WHAT CONSTITUTES _ ACTION TO 12 ABATE. 13 Whatever is injurious to health, indecent, or 14unreasonablyoffensive to the senses, or an 15 obstruction to the free use of property, so as 16 essentially tounreasonablyinterfere with the 17 comfortable enjoyment of life or property, is a 18 nuisance, and a civil action by ordinary proceedings 19 may be brought to enjoin and abate the same and to 20 recover damages sustained on account thereof. 21 Sec. ___. Section 657.2, subsection 1, Code 22 Supplement 1995, is amended to read as follows: 23 1. The erecting, continuing, or using any building 24 or other place for the exercise of any trade, 25 employment, or manufacture, which, by occasioning 26 noxious exhalations,unreasonablyoffensive smells, or 27 other annoyances, becomes injurious and dangerous to 28 the health, comfort, or property of individuals or the 29 public. 30 Sec. ___. APPLICABILITY. Except as provided in 31 section 455B.163, as enacted by 1995 Iowa Acts, 32 chapter 195, section 17, with regard to the continued 33 operation of animal feeding operations constructed 34 prior to May 31, 1995, or the expansion of structures 35 constructed prior to May 31, 1995, the provisions of 36 section 455B.162, subsection 1, paragraph "b", 37 unnumbered paragraph 1, Code Supplement 1995, as 38 enacted by 1995 Iowa Acts, chapter 195, section 16, 39 shall continue to apply to animal feeding operation 40 structures constructed on or after May 31, 1995, but 41 prior to the effective date of this Act, and to the 42 expansion of such structures constructed on or after 43 May 31, 1995, but prior to the effective date of this 44 Act. 45 Sec. ___. REPEAL OF NUISANCE SUIT RESTRICTION. 46 Section 657.11, Code Supplement 1995, is repealed." 47 2. Page 15, by striking lines 26 through 28. 48 3. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-5637, to the committee amendment H-5482, was not germane, to the committee amendment H-5482. The Speaker ruled the point well taken and amendment H-5637, to the commitee amendment H-5482, not germane, to the committee amendment H-5482. Koenigs of Mitchell moved to suspend the rules to consider amendment H-5637. Roll call was requested by Koenigs of Mitchell and Schrader of Marion. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-5637, to the committee amendment H-5482,?" (S.F. 2446) The ayes were, 39: Arnold Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Garman Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Sukup Taylor Warnstadt Weigel Wise Witt The nays were, 57: Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grundberg Hahn Halvorson 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 Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 4: Baker Boddicker Daggett Grubbs The motion to suspend the rules lost. Garman of Story asked and received unanimous consent to withdraw amendment H-5656B, to the committee amendment H-5482, found on page 1099 of the House Journal. Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-5572, to the committee amendment H-5482, previously deferred, filed by him on March 25, 1996. Koenigs of Mitchell offered the following amendment H-5628, previously deferred, to the committee amendment H-5482, filed by him and moved its adoption: H-5628 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 18, by striking the figure 5 "1,586,111" and inserting the following: "1,786,111". 6 2. Page 6, line 47, by striking the figure 7 "2,026,509" and inserting the following: "1,826,509". 8 3. Page 6, line 48, by striking the figure 9 "218.00" and inserting the following: "214.00". Roll call was requested by Greiner of Washington and Hahn of Muscatine. On the question "Shall amendment H-5628, to the committee amendment H-5428, be adopted?" (S.F. 2446) The ayes were, 35: Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Weigel Wise Witt The nays were, 57: Arnold Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries 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 Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 8: Baker Boddicker Daggett Grubbs Halvorson Mundie Siegrist Van Fossen Amendment H-5628 lost. Fallon of Polk offered the following amendment H-5616, previously deferred, to the committee amendment H-5482 filed by him and moved its adoption: H-5616 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 5, by striking lines 25 through 35. 5 2. By renumbering as necessary. Amendment H-5616 lost. Koenigs of Mitchell offered the following amendment H-5660, previously deferred, to the committee amendment H-5482, filed by him and moved its adoption: H-5660 1 Amend the amendment, H-5482, to Senate File 2446, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 6, line 14, by striking the figure 5 "2,052,389" and inserting the following: "1,852,389". 6 2. Page 6, line 15, by striking the figure 7 "119.25" and inserting the following: "115.25". 8 3. Page 6, by striking lines 16 through 24. Roll call was requested by Koenigs of Mitchell and Schrader of Marion. On the question "Shall amendment H-5660, to the committee amendment H-5482, be adopted?" (S.F. 2446) The ayes were, 38: Bell Bernau Brammer Burnett Cataldo Cohoon Connors Doderer Drees Fallon Garman Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Millage Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Sukup Taylor Warnstadt Weigel Wise Witt The nays were, 57: Arnold Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 5: Baker Boddicker Brand Daggett Grubbs Amendment H-5660 lost. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-5631, previously deferred, to the committee amendment H-5482, filed by him on March 26, 1996. Hahn of Muscatine moved the adoption of the committee amendment H-5482, as amended. Roll call was requested by Murphy of Dubuque and Schrader of Marion. On the question "Shall the committee amendment H-5482, as amended, be adopted?" (S.F. 2446) The ayes were, 59: Arnold Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Dinkla Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson 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 Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 36: Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon 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, 5: Baker Boddicker Daggett Disney Grubbs The committee amendment H-5482, as amended, was adopted. Hahn of Muscatine moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2446) The ayes were, 60: Arnold Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson 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 Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 36: Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon 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, 4: Baker Boddicker Daggett Grubbs 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 Senate File 2446 be immediately messaged to the Senate. INTRODUCTION OF BILLS House File 2489, by Siegrist and Schrader, a bill for an act relating to repayment of economic development assistance in certain circumstances. Read first time and referred to committee on judiciary. House File 2490, by committee on ways and means, a bill for an act relating to providing a payment for investment in a sesquicentennial business development fund, providing penalties, and making an appropriation. Read first time and placed on the ways and means calendar. HOUSE INSISTS Churchill of Polk called up for consideration Senate File 2443, a bill for an act appropriating funds to the department of economic development, the Iowa finance authority, certain board of regents institutions, the public employment relations board, and the department of employment services, and making related statutory changes and moved that the House insist on its amendment, which motion prevailed. CONFERENCE COMMITTEE APPOINTED (Senate File 2443) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning Senate File 2443: Churchill of Polk, Chair; Van Fossen of Scott, Teig of Hamilton, Baker of Polk and Wise of Lee. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2443 be immediately messaged to the Senate. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent that the Daily Debate Calendar for Friday, March 29, 1996, become the Daily Debate Calendar for Monday April 1, 1996. 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 March 28, 1996, amended and passed the following bill in which the concurrence of the House is asked: House File 2331, a bill for an act expanding the factors that a court and the state department of transportation may consider in ordering the issuance of a temporary restricted license, and providing an effective date. Also: That the Senate has on March 28, 1996, amended and passed the following bill in which the concurrence of the House is asked: House File 2449, a bill for an act setting campaign contribution limits by persons and political committees, addressing independent expenditures on behalf of candidates, employee and member contributions, making penalties applicable, and providing an effective date. JOHN F. DWYER, Secretary SENATE FILES PLACED ON THE UNFINISHED BUSINESS CALENDAR Siegrist of Pottawattamie asked and received unanimous consent that the following Senate Files be placed on the unfinished business calendar: Senate Joint Resolution 1 Senate File 259 Senate File 284 Senate File 454 Senate File 2012 Senate File 2022 Senate File 2071 Senate File 2074 Senate File 2085 Senate File 2101 Senate File 2114 Senate File 2123 Senate File 2138 Senate File 2147 Senate File 2153 Senate File 2154 Senate File 2155 Senate File 2157 Senate File 2158 Senate File 2159 Senate File 2165 Senate File 2167 Senate File 2171 Senate File 2186 Senate File 2201 Senate File 2204 Senate File 2206 Senate File 2207 Senate File 2208 Senate File 2211 Senate File 2212 Senate File 2215 Senate File 2218 Senate File 2245 Senate File 2252 Senate File 2256 Senate File 2265 Senate File 2269 Senate File 2289 Senate File 2294 Senate File 2297 Senate File 2299 Senate File 2300 Senate File 2301 Senate File 2303 Senate File 2305 Senate File 2321 Senate File 2323 Senate File 2324 Senate File 2344 Senate File 2348 Senate File 2352 Senate File 2365 Senate File 2366 Senate File 2367 Senate File 2381 Senate File 2385 Senate File 2387 Senate File 2396 Senate File 2399 Senate File 2403 Senate File 2406 Senate File 2409 Senate File 2410 Senate File 2413 Senate File 2419 Senate File 2420 Senate File 2428 Senate File 2430 Senate File 2435 Senate File 2438 BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this Twenty-eighth day of March, 1996: House Files 2107, 2127, 2152, 2187 and 2258 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: Three FHA students from Logan-Magnolia High School, Logan, accompanied by Mrs. Hill. By Hammitt Barry of Harrison. Thirty high school students from Green Mountain-Garwin High School, Garwin, accompanied by Gary Sinclair. By Brand of Benton and Garman of Story. Fifteen tenth grade students from Thomas Jefferson High School, Council Bluffs, accompanied by Mr. Doug Donaldson. By Nelson and Siegrist of Pottawattamie. Boy Scouts from Sheldon, accompanied by Merwin Foster and Keith Thompsen. By Vande Hoef of Osceola. Forty-five sixth grade students from Nashua Elementary School, Nashua, accompanied by Mr. Anderson. By Weigel of Chickasaw, Brunkhorst of Bremer and Koenigs of Mitchell. Twenty-three fifth grade students from Lakeview Elementary, Centerville, accompanied by Mrs. Melissa Wehrle. By Kreiman of Davis. Forty-five 4-H members from Jones County. By Welter of Jones. Thirteen seventh and eighth grade students from Pine Grove Mennonite School, Chester, accompanied by Mary Nightengale. By Weigel of Chickasaw. Sixty fifth grade students from Cody Elementary School, Pleasant Valley, accompanied by Sonia Vogel, Kity Miller, Dave Langtimm and Joel Hake. By Bradley of Clinton. 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\368 Dev and Ed Kiedaisch, JETS Sponsors, Keokuk - For the Keokuk Junior Engineering Technical Society "JETS" representation of Iowa at the National Engineering Design Challenge. 1996\369 Marguerite Williams, Davenport - For celebrating her Eighty-fifth birthday. 1996\370 Krisi Whisler, Washington - For being named All-State Cheerleader. 1996\371 Terra Swift, Washington - For being named Outstanding YMCA Female Swimmer in the State of Iowa. 1996\372 J.R. Dougherty, Dysart - For being named Iowa's Trailblazer of the Year for the Royal Rangers. 1996\373 Eric Brezina, South Tama High School, Tama - For being named to the 1996 Academic All-State Basketball Team. 1996\374 Mark Foster, Traer - For winning the eleven year old division in the Knights of Columbus Boys State Free Throw Contest. 1996\375 Wayne Wilcox, Tama - For being recognized as "Board Member of the Year" by the Iowa Rural Water Association. 1996\376 Justin Marovec, Vinton-Shellsburg High School - For being named to the 1996 INA High School Boys Basketball Class 3A 2nd Team. 1996\377 Casey Estling, Center Point-Urbana High School - For being named to the 1996 INA High School Boys Basketball Class 2A 1st Team. 1996\378 Malvina Tott, Westwood Community Schools - For her 43 years of teaching and dedicated service in the music profession. SUBCOMMITTEE ASSIGNMENTS House File 2198 Ways and Means: Van Fossen, Chair; Larkin and Rants. House File 2304 Ways and Means: Disney, Chair; Larkin and Myers. House File 2484 Ways and Means: Renken, Chair; Brammer and Lamberti. Senate File 2160 Appropriations: Grundberg, Chair; Metcalf and Ollie. Senate File 2224 Ways and Means: Renken, Chair; Greig and Shoultz. Senate File 2298 Ways and Means: Dinkla, Chair; Bernau and Halvorson. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 751 Ways and Means: Halvorson, Chair; Bernau and Dinkla. 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 WAYS AND MEANS Senate File 2266, a bill for an act making transportation-related Code changes including providing for a temporary registration permit, increasing registration fees for certain trailers, and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 28, 1996. Committee Bill (Formerly House File 2304), relating to the care and maintenance of pioneer cemeteries. Fiscal Note is not required. Recommended Amend and Do Pass March 28, 1996. Committee Bill (Formerly House File 2417), relating to the price index for growth for purposes of the property tax limitation. Fiscal Note is not required. Recommended Do Pass March 28, 1996. Committee Bill (Formerly House File 2465), relating to providing a payment for investment in a sesquicentennial business development fund, providing penalties, and making an appropriation. Fiscal Note is not required. Recommended Amend and Do Pass March 28, 1996. Committee Bill (Formerly House Study Bill 751), relating to special census certification and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 28, 1996. RESOLUTION FILED HCR 124, by Jacobs, a concurrent resolution designating the week of April 14 through April 21, 1996, as Days of Rememberance of the Victims of the Holocaust. Laid over under Rule 25. AMENDMENTS FILED H_5711 S.F. 2448 Harrison of Scott H_5712 S.F. 2448 Kremer of Buchanan H_5713 S.F. 2448 Weigel of Chickasaw Murphy of Dubuque H_5715 S.F. 454 Witt of Black Hawk Carroll of Poweshiek H_5716 S.F. 2300 Greiner of Washington H_5717 S.F. 2448 Brammer of Linn H_5718 S.F. 2448 Brunkhorst of Bremer Baker of Polk H_5720 H.F. 2331 Senate Amendment H_5721 H.F. 2449 Senate Amendment H_5722 S.F. 2301 Rants of Woodbury H_5723 S.F. 2147 Kreiman of Davis H_5724 S.F. 2385 Dinkla of Guthrie H_5725 S.F. 2409 Nelson of Marshall H_5726 H.F. 2338 Shoultz of Black Hawk Witt of Black Hawk H_5727 S.F. 2351 Shoultz of Black Hawk Witt of Black Hawk H_5728 S.F. 2448 Nelson of Marshall H_5729 H.F. 2298 Jacobs of Polk H_5730 S.F. 2167 Moreland of Wapello H_5731 S.F. 2448 Brand of Benton H_5732 H.F. 2453 Nutt of Woodbury H_5733 S.F. 2409 Nelson of Marshall H_5734 S.F. 2409 Drake of Pottawattamie Dinkla of Guthrie Gries of Crawford Meyer of Sac Drees of Carroll Wise of Lee Bradley of Clinton On motion by Siegrist of Pottawattamie, the House adjourned at 6:18 p.m., until 1:00 p.m., Monday, April 1, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
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