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Eighty-sixth Calendar Day - Fifty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 8, 1997
The House met pursuant to adjournment at 8:53 a.m., Speaker
Corbett in the chair.
Prayer was offered by Pastor Karl J. Giese, United Methodist
Church, Sac City.
The Journal of Monday, April 7, 1997 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Meyer of Sac, from twenty-five constituents of Schaller
favoring the "Enrich Iowa: Fund Libraries."
By Meyer of Sac, from ninety-one constituents of Ida Grove
favoring the "Enrich Iowa: Fund Libraries."
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 7, 1997, adopted the following
resolution in which the concurrence of the Senate was asked:
House Concurrent Resolution 20, a concurrent resolution
proclaiming the creation of the Iowa Veterans Foundation.
Also: That the Senate has on April 7, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 92, a bill for an act relating to eligibility for
receipt of moneys under the school improvement technology
program.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 313, a bill for an act requiring criminal and child
abuse record checks of persons receiving state funding for
providing child day care, and making a penalty applicable.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 368, a bill for an act relating to the establishment
of the entrepreneurial ventures assistance program and
allocating funds from the Iowa strategic investment fund for the
administration and operation of the program.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 372, a bill for an act establishing a county issuance
of motor vehicle licenses study and providing effective dates.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 398, a bill for an act relating to subject matter
under the regulatory authority of the labor commissioner,
including the construction contractors law, and making
nonsubstantive Code corrections relating to the child labor law.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 399, a bill for an act relating to inspections of
unfired steam pressure vessels.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 401, a bill for an act relating to state government
personnel procedures including job classifications, pay plans,
employee recall from layoff, and abolishing the personnel
commission.
Also: That the Senate has on April 7, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 405, a bill for an act relating to the sale, lease,
or other disposition of property belonging to a school district
or area education agency and providing an immediate effective
date.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 589, a bill for an act relating to professional
boxing and wrestling matches, providing for properly related
matters, and providing for a tax and for penalties.
Also: That the Senate has on April 7, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 645, a bill for an act relating to the financial and
regulatory procedures of counties, cities, and drainage
districts, by amending the powers and duties of county
treasurers and including an effective date provision.
Also: That the Senate has on April 7, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 246, a bill for an act relating to snowmobiles and
all-terrain vehicles by requiring title certificates, increasing
snowmobile and all-terrain vehicle registration fees, and
providing for point of sale registration.
MARY PAT GUNDERSON, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 8:56 a.m., until 10:30 a.m.
MORNING SESSION
The House reconvened at 10:41 a.m., Speaker Corbett in the chair.
SENATE MESSAGE CONSIDERED
Senate File 246, by committee on natural resources and
environment, a bill for an act relating to snowmobiles and
all-terrain vehicles including the definition of all-terrain
vehicle and by requiring title certificates, increasing
snowmobile and all-terrain vehicle registration fees, providing
for point of sale registration, and providing an effective date.
Read first time and passed on file.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 126, a bill for an act allowing a supervised,
controlled burn for which a permit has been issued during an
open burning ban, with report of committee recommending passage,
was taken up for consideration.
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?" (S.F. 126)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greig Greiner Gries Grundberg Hahn
Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz
Siegrist Sukup Taylor Teig
Thomas Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 1:
Jenkins
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 236, a bill for an act relating to the certificate
of need program, with report of committee recommending amendment
and passage, was taken up for consideration.
Blodgett of Cerro Gordo offered amendment H-1416 filed by the
committee on human resources as follows:
H-1416
1 Amend Senate File 236, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 5, by striking lines 5 through 11.
4 2. Page 5, by inserting after line 22 the
5 following:
6 "NEW PARAGRAPH. q. The change in ownership,
7 licensure, organizational structure, or designation of
8 the type of institutional health facility if the
9 health services offered by the successor institutional
10 health facility are unchanged."
11 3. Page 5, by inserting before line 23 the
12 following:
13 "Sec. ___. Section 135.63, subsection 4,
14 unnumbered paragraph 1, Code 1997, is amended to read
15 as follows:
16 For the period beginning July 1, 1995, and ending
17 June 30, 1997 1998, the department shall not process
18 applications for and the council shall not consider a
19 new or changed institutional health service for an
20 intermediate care facility for persons with mental
21 retardation except as provided in this subsection.
22 Sec. ___. Section 135.63, subsection 4, paragraph
23 a, unnumbered paragraph 1, Code 1997, is amended to
24 read as follows:
25 For the period beginning July 1, 1995, and ending
26 June 30, 1997 1998, the department and council shall
27 process applications and consider applications if
28 either of the following conditions are met:"
29 4. Page 6, by striking lines 20 and 21.
30 5. Page 6, by inserting after line 27 the
31 following:
32 "The Iowa department of public health, the
33 department of human services, and the department of
34 inspections and appeals shall conduct a review of the
35 regulation of psychiatric medical institutions for
36 children and intermediate care facilities for persons
37 with mental retardation. The review shall include a
38 review of the moratorium language in section 135.63,
39 subsection 4, relating to intermediate care facilities
40 for persons with mental retardation. The departments
41 shall submit jointly to the general assembly by
42 January 15, 1998, a written report with
43 recommendations to eliminate duplicative regulation of
44 these institutional programs."
45 6. By renumbering, relettering, or redesignating
46 and correcting internal references as necessary.
Murphy of Dubuque offered the following amendment H-1462, to the
committee amendment H-1416, filed by him and Blodgett of Cerro
Gordo and moved its adoption:
H-1462
1 Amend the amendment, H-1416, to Senate File 236, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 30 through 44 and
5 inserting the following:
6 " . Page 6, by striking lines 22 through 27 and
7 inserting the following:
8 "Sec. ___. REVIEW OF CERTIFICATE OF NEED PROGRAM.
9 1. a. The Iowa department of public health shall
10 complete a comprehensive review of the certificate of
11 need program and shall submit a written report of the
12 findings and recommendations as to the continued
13 relevance of the program to the general assembly by
14 January 15, 2000.
15 b. Four members of the general assembly shall be
16 appointed to assist the Iowa department of public
17 health in completing the review. The terms of the
18 legislative members shall be for one year beginning
19 and ending as provided in section 69.19 or until their
20 successors are appointed. Appointments shall comply
21 with sections 69.16 and 69.16A. Vacancies shall be
22 filled in the same manner as the original appointment.
23 Each legislative member shall receive compensation
24 pursuant to section 2.10. The legislative members
25 shall be appointed as follows:
26 (1) Two members of the senate appointed by the
27 majority leader of the senate after consultation with
28 the minority leader of the senate.
29 (2) Two members of the house of representatives
30 appointed by the speaker of the house after
31 consultation with the majority leader and the minority
32 leader of the house.
33 2. The Iowa department of public health, the
34 department of human services, and the department of
35 inspections and appeals shall conduct a review of the
36 regulation of psychiatric medical institutions for
37 children and intermediate care facilities for persons
38 with mental retardation. The review shall include a
39 review of the moratorium language in section 135.63,
40 subsection 4, relating to intermediate care facilities
41 for persons with mental retardation. The departments
42 shall submit jointly to the general assembly by
43 January 15, 1998, a written report with
44 recommendations to eliminate duplicative regulation of
45 these institutional programs.""
46 2. By renumbering, relettering, or redesignating
47 and correcting internal references as necessary.
Amendment H-1462, to the committee amendment H-1416, was
adopted.
Blodgett of Cerro Gordo moved the adoption of the committee
amendment H-1416, as amended.
The committee amendment H-1416, as amended, was adopted.
Blodgett of Cerro Gordo 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. 236)
The ayes were, 91:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Churchill
Cohoon Connors Cormack Dinkla
Dix Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Jacobs Jenkins Klemme Koenigs
Kreiman Kremer Lamberti Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Scherrman Schrader
Shoultz Siegrist Sukup Taylor Teig
Thomas Thomson Tyrrell Van
Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Mr. Speaker
Corbett
The nays were, 9:
Bernau Brand Doderer Huser
Jochum Kinzer Reynolds-Knight Richardson
Whitead
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 300, a bill for an act relating to the prohibited
sale of home testing kits for the human immunodeficiency virus,
with report of committee recommending passage, was taken up for
consideration.
Blodgett of Cerro Gordo 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.
Van Maanen of Marion in the chair at 11:10 a.m.
On the question "Shall the bill pass?" (S.F. 300)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen, Presiding
The nays were, none.
Absent or not voting, 1:
Heaton
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:
Senate Files 126, 236 and 300.
Unfinished Business Calendar
House File 710, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state
civil rights commission, the department of elder affairs, the
Iowa department of public health, the department of human
rights, the governor's alliance on substance abuse, and the
commission of veterans affairs, and providing an effective date,
was taken up for consideration.
Ford of Polk asked and received unanimous consent that amendment
H-1485 be deferred.
Mundie of Webster offered the following amendment H-1334 filed
by Mundie, et al., and moved its adoption:
H-1334
1 Amend House File 710 as follows:
2 1. Page 2, line 8, by striking the figure
3 "3,616,528" and inserting the following: "3,657,598".
Roll call was requested by Murphy of Dubuque and Chiodo of Polk.
Rule 75 was invoked.
On the question "Shall amendment H-1334 be adopted?" (H.F. 710)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Warnstadt Weigel Whitead
Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake
Eddie Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Metcalf
Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Welter Van Maanen,
Presiding
Absent or not voting, 1:
Churchill
Amendment H-1334 lost.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-1525 be deferred.
Kremer of Buchanan offered the following amendment H-1364 filed
by him and Nelson of Marshall and moved its adoption:
H-1364
1 Amend House File 710 as follows:
2 1. Page 2, line 22, by inserting after the word
3 "handicapped." the following: "It is the intent of
4 the general assembly that the Iowa chapters of the
5 Alzheimer's association and the case management
6 program for frail elders shall collaborate and
7 cooperate fully to assist families in maintaining
8 family members with Alzheimer's disease in the
9 community for the longest period of time possible."
Amendment H-1364 was adopted.
Murphy of Dubuque asked and received unanimous consent that
amendment H-1311 be deferred.
Van Fossen of Scott offered amendment H-1411 filed by Van
Fossen, et al.
Murphy of Dubuque requested division as follows:
H-1411
1 Amend House File 710 as follows:
H-1411A
2 1. Page 3, line 23, by striking the figure
3 "1,817,092" and inserting the following: "1,878,409".
4 2. Page 3, line 26, by striking the figure
5 "676,868" and inserting the following: "738,185".
6 3. By striking page 3, line 35, through page 4,
7 line 3.
H-1411B
8 4. Page 25, line 15, by striking the figure
9 "353,355" and inserting the following: "292,038".
Van Fossen of Scott moved the adoption of amendment H-1411A.
Roll call was requested by Murphy of Dubuque and Schrader of
Marion.
On the question "Shall amendment H-1411A be adopted?" (H.F. 710)
The ayes were, 63:
Arnold Bell Bernau Brauns
Bukta Burnett Cataldo Chapman
Chiodo Churchill Cohoon Connors
Doderer Dotzler Drake Drees
Falck Fallon Foege Ford
Frevert Greiner Grundberg Hansen
Heaton Holmes Holveck Huser
Jacobs Jochum Kinzer Klemme
Koenigs Kreiman Lamberti Larkin
Martin Mascher May Mertz
Millage Moreland Mundie Murphy
Myers O'Brien Osterhaus Rants
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Teig Thomas
Tyrrell Van Fossen Warnstadt Weigel
Whitead Wise Witt
The nays were, 35:
Barry Boddicker Boggess Bradley
Brunkhorst Carroll Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Eddie
Garman Gipp Greig Gries
Hahn Houser Huseman Jenkins
Kremer Larson Lord Metcalf
Meyer Nelson Rayhons Siegrist
Sukup Thomson Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
Absent or not voting, 2:
Blodgett Brand
Amendment H-1411A was adopted, placing amendment H-1311,
previously deferred, out of order.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1535 filed by him on April 2, 1997.
Siegrist of Pottawattamie asked and received unanimous consent
to temporarily defer House File 710.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:16 p.m., until 1:15 p.m.
AFTERNOON SESSION
The House reconvened at 1:15 p.m., Speaker Corbett in the chair.
INTRODUCTION OF BILL
House File 720, by committee on ways and means, a bill for an
act providing for the creation of an Iowa educational savings
plan trust, addressing tax aspects, and containing applicability
provisions.
Read first time and placed on the ways and means calendar.
CONSIDERATION OF BILLS
Unfinished Business Calender
The House resumed consideration of House File 710, a bill for
an act relating to and making appropriations to the department
for the blind, the Iowa state civil rights commission, the
department of elder affairs, the Iowa department of public
health, the department of human rights, the governor's alliance
on substance abuse, and the commission of veterans affairs, and
providing an effective date, previously deferred.
Nelson of Marshall offered the following amendment H-1545 filed
by her and moved its adoption:
H-1545
1 Amend House File 710 as follows:
2 1. Page 21, line 29, by inserting after the word
3 "review." the following:
4 "Each scope of practice review committee shall be
5 limited to five members as follows: one member
6 representing the profession seeking licensure, a new
7 board, or a change in scope of practice; one member of
8 the health profession directly impacted by, or opposed
9 to, the proposed change, one impartial health
10 professional who is not directly or indirectly
11 affected by the proposed change; and two impartial
12 members of the general public."
Amendment H-1545 was adopted.
Brand of Tama asked and received unanimous consent to withdraw
amendment H-1522 filed by him and Murphy of Dubuque on April 1,
1997.
Van Fossen of Scott asked and received unanimous consent that
amendment H-1411B be deferred.
Murphy of Dubuque offered the following amendment H-1475 filed
by him and moved its adoption:
H-1475
1 Amend House File 710 as follows:
2 1. Page 26, by inserting after line 13 the
3 following:
4 "c. Of the funds appropriated in this subsection,
5 the amount allocated for an inflation increase in the
6 J.A. Jones contract shall be reduced by $125,187, and
7 the amount allocated for in-house psychiatric services
8 shall be increased by that amount."
Roll call was requested by Murphy of Dubuque and Weigel of
Chickasaw.
On the question "Shall amendment H-1475 be adopted?" (H.F. 710)
The ayes were, 47:
Arnold Bell Bernau Brand
Bukta Burnett Cataldo Chapman
Chiodo Cohoon Connors Doderer
Dotzler Drees Falck Fallon
Foege Ford Frevert Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher May
Mertz Moreland Mundie Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt Weigel
Whitead Wise Witt
The nays were, 52:
Barry Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Cormack Dinkla Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Lord
Martin Metcalf Meyer Millage
Nelson Rants Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker Corbett
Absent or not voting, 1:
Houser
Amendment H-1475 lost.
Myers of Johnson offered the following amendment H-1531 filed by
Myers, et al., and moved its adoption:
H-1531
1 Amend House File 710 as follows:
2 1. Page 26, by inserting after line 19 the
3 following:
4 "Sec. 100. MEDICAL ASSISTANCE APPROPRIATION -
5 HEALTH PROGRAMS. Notwithstanding section 8.33, of the
6 funds remaining unobligated or unexpended from the
7 appropriation to the department of human services for
8 medical assistance in 1996 Iowa Acts, chapter 1213,
9 section 3, at the close of the fiscal year beginning
10 July 1, 1996, $1,500,000 shall not revert to the
11 general fund of the state but shall remain available
12 to be used for the purposes designated in this section
13 in the succeeding fiscal year. The moneys retained
14 shall be transferred to the Iowa department of public
15 health and shall be used in addition to the
16 allocations in this Act in the amount of $1,000,000
17 for the public health nursing program and $500,000 for
18 the home care aid/chore program. Notwithstanding
19 section 8.39, moneys transferred pursuant to this
20 section are not subject to further transfer."
21 2. Page 27, line 28, by striking the word "DATE"
22 and inserting the following: "DATES.
23 1"
24 3. Page 27, by inserting after line 30 the
25 following:
26 "2. Section 100, relating to a medical assistance
27 appropriation, being deemed of immediate importance,
28 takes effect upon enactment."
Roll call was requested by Myers of Johnson and Murphy of
Dubuque.
Rule 75 was invoked.
On the question "Shall amendment H-1531 be adopted?" (H.F. 710)
The ayes were, 47:
Arnold Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Warnstadt Weigel Whitead
Wise Witt
The nays were, 51:
Barry Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Cormack Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 2:
Dinkla Houser
Amendment H-1531 lost.
Brand of Tama offered the following amendment H-1547 filed by
him and Nelson of Marshall and moved its adoption:
H-1547
1 Amend House File 710 as follows:
2 1. Page 26, by inserting after line 19 the
3 following:
4 "Sec. ___. COMMISSION ON COMMUNITY ACTION AGENCIES
5 - FEDERAL FUNDING. Of the funds appropriated to the
6 division of community action agencies of the
7 department of human rights for administration in 1997
8 Iowa Acts, Senate File 240, if enacted, $3,366 is
9 allocated for the expenses of the commission on
10 community action agencies."
11 2. Page 27, by striking lines 19 through 22.
12 3. By renumbering as necessary.
Amendment H-1547 was adopted.
Ford of Polk offered the following amendment H-1485, previously
deferred, filed by him and moved its adoption:
H-1485
1 Amend House File 710 as follows:
2 1. Page 1, line 21, by striking the figure
3 "1,110,372" and inserting the following: "1,115,372".
Roll call was requested by Schrader of Marion and Ford of Polk.
On the question "Shall amendment H-1485 be adopted?" (H.F. 710)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Warnstadt Weigel Whitead
Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Brauns Brunkhorst Carroll
Churchill Cormack Dinkla Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 1:
Bradley
Amendment H-1485 lost.
Weigel of Chickasaw offered the following amendment H-1525,
previously deferred, filed by him and moved its adoption:
H-1525
1 Amend House File 710 as follows:
2 1. Page 2, by inserting after line 8 the
3 following:
4 "In addition to the funds appropriated in this
5 subsection, $500,000 shall be transferred from funds
6 appropriated to the department of human services for
7 medical assistance for the fiscal year beginning July
8 1, 1997, and ending June 30, 1998. The $500,000
9 transferred shall be allocated from a $1,088,839
10 decrease in medical assistance expenditures resulting
11 from a reduced estimate of the number of bed days
12 utilized by nursing facility residents because of the
13 expansion of case management services, prior to the
14 reversion of the $1,088,839 to the general fund of the
15 state."
Roll call was requested by Weigel of Chickasaw and Millage of
Scott.
On the question "Shall amendment H-1525 be adopted?" (H.F. 710)
The ayes were, 45:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 51:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Carroll
Churchill Cormack Dinkla Dix
Dolecheck Drake Eddie Garman
Gipp Greig Gries
Grundberg Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer
Millage Nelson Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 4:
Brunkhorst Greiner Mundie Rants
Amendment H-1525 lost.
Van Fossen of Scott offered amendment H-1411B, previously
deferred, and printed on page 1040 of the House Journal.
Millage of Scott offered the following amendment H-1600, to
amendment H-1411B, filed by him from the floor and moved its
adoption:
H-1600
1 Amend the amendment, H-1411, to House File 710 as
2 follows:
3 1. Page 1, by striking lines 8 and 9 and
4 inserting the following:
5 " . Page 19, line 11, by striking the figure
6 "1,203,648" and inserting the following:
7 "1,142,331"."
A non-record roll call was requested.
The ayes were 50, nays 47.
Amendment H-1600, to amendment H-1411B, was adopted.
Van Fossen of Scott moved the adoption of amendment H-1411B, as
amended.
Roll call was requested by Wise of Lee and Siegrist of
Pottawattamie.
Rule 75 was invoked.
On the question "Shall amendment H-1411B, as amended, be
adopted?" (H.F. 710)
The ayes were, 51:
Arnold Barry Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Cormack Dinkla Dix
Dolecheck Drake Eddie Gipp
Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Mr. Speaker
Corbett
The nays were, 49:
Bell Bernau Blodgett Brand
Bukta Burnett Cataldo Chapman
Chiodo Cohoon Connors Doderer
Dotzler Drees Falck Fallon
Foege Ford Frevert Garman
Holveck Huser Jochum Kinzer
Koenigs Kreiman Larkin Mascher
May Mertz Metcalf Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, none.
Amendment H-1411B, as amended, was adopted.
Carroll of Poweshiek in the chair at 3:39 p.m.
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. 710)
The ayes were, 77:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brand Brauns
Brunkhorst Bukta Chapman
Churchill Connors Corbett, Spkr. Cormack
Dinkla Dix Doderer Dolecheck
Drake Eddie Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kremer Lamberti Larson
Lord Martin May Mertz
Metcalf Meyer Millage Mundie
Nelson Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Teig
Thomas Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Weidman
Weigel Welter Whitead Witt
Carroll,
Presiding
The nays were, 23:
Bell Bernau Burnett Cataldo
Chiodo Cohoon Dotzler Drees
Falck Fallon Foege Ford Huser
Kreiman Larkin Mascher Moreland
Murphy Myers O'Brien Taylor
Warnstadt Wise
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 710 be immediately messaged to the Senate.
Senate File 205, a bill for an act relating to continued
eligibility under the new jobs and income program concerning the
ownership of land by nonresident aliens and certain capital
investment and job creation provisions, with report of committee
recommending passage, was taken up for consideration.
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. 205)
The ayes were, 93:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Bukta Burnett
Cataldo Chapman Chiodo Cohoon
Connors Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Shoultz Siegrist
Sukup Taylor Teig Thomas
Thomson Tyrrell Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt Carroll,
Presiding
The nays were, 1:
Mertz
Absent or not voting, 6:
Brunkhorst Churchill Corbett, Spkr. Jenkins
Kinzer Van Fossen
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 205 be immediately messaged to the Senate.
The House stood at ease at 3:57 p.m., until the fall of the
gavel.
The House resumed session at 4:45 p.m., Speaker Corbett in the
chair.
CONSIDERATION OF BILL
Unfinished Business Calendar
House File 708, a bill for an act relating to agriculture and
natural
resources by providing for appropriations, related statutory
changes, and providing an effective date, was taken up for
consideration.
Schrader of Marion offered amendment H-1580 filed by him as
follows:
H-1580
1 Amend House File 708 as follows:
2 1. Page 1, line 13, by striking the figure
3 "1,780,278" and inserting the following: "1,820,368".
4 2. Page 1, line 14, by striking the figure
5 "41.45" and inserting the following: "42.45".
6 3. Page 16, by striking lines 32 and 33.
7 4. By renumbering as necessary.
Schrader of Marion offered the following amendment H-1590, to
amendment H-1580, filed by him from the floor and moved its
adoption:
H-1590
1 Amend the amendment H-1580, to House File 708, as
2 follows:
3 1. Page 1, by striking lines 2 and 3.
4 2. Page 1, by inserting after line 6, the
5 following:
6 " . Page 17, by inserting after line 3 the
7 following:
8 "Sec. 101. INFORMATION SPECIALIST - RETENTION OF
9 BUDGETED MONEYS. Not more than $40,090 of the moneys
10 appropriated to the department of agriculture and land
11 stewardship by 1996 Iowa Acts, chapter 1214, sections
12 1 through 4, shall not revert pursuant to section
13 8.33, but shall remain available for use by the
14 department in supporting the position of an
15 information specialist II position in the information
16 bureau of the administrative division, for the fiscal
17 year beginning July 1, 1997, and ending June 30,
18 1998."
19 . Page 19, line 25, by inserting after the
20 word "enactment." the following: "Section 101 of this
21 Act, being deemed of immediate importance, takes
22 effect upon enactment.""
23 3. By renumbering as necessary.
Amendment H-1590, to amendment H-1580, was adopted.
Schrader of Marion moved the adoption of amendment H-1580, as
amended.
Amendment H-1580 lost.
Koenigs of Mitchell offered amendment H-1305 filed by him as
follows:
H-1305
1 Amend House File 708 as follows:
2 1. Page 7, line 6, by inserting after the word
3 "operations." the following: "As a condition of this
4 allocation the department of natural resources shall,
5 by rule adopted pursuant to chapter 17A, establish a
6 program to inspect earthen structures used to store
7 manure which must be constructed pursuant to a permit
8 issued by the department, including anaerobic lagoons
9 and earthen manure storage basins, which are part of
10 animal feeding operations. The program shall require
11 an earthen structure to be inspected by the department
12 at least once each twelve months."
Greiner of Washington rose on a point of order that amendment
H-1305 was not germane.
The Speaker ruled the point well taken and amendment H-1305 not
germane.
Koenigs of Mitchell asked for unanimous consent to suspend the
rules to consider amendment H-1305.
Objection was raised.
Koenigs of Mitchell moved to suspend the rules to consider
amendment H-1305.
Roll call was requested by Schrader of Marion and Siegrist of
Pottawattamie.
On the question "Shall the rules be suspended to consider
amendment H-1305?" (H.F. 708)
The ayes were, 47:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Garman Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher May
Mertz Moreland Mundie Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dinkla
Dix Dolecheck Drake Eddie Gipp
Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Metcalf
Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Mr. Speaker
Corbett
Absent or not voting, none.
The motion to suspend the rules lost.
Moreland of Wapello offered amendment H-1423 filed by him as
follows:
H-1423
1 Amend House File 708 as follows:
2 1. Page 7, line 6, by inserting after the word
3 "operations." the following: "As a condition of this
4 allocation, the department of natural resources shall
5 maintain an active program to monitor anaerobic
6 lagoons and earthen manure storage basins which are
7 part of animal feeding operations, and especially
8 structures which have been constructed before July 1,
9 1985, or which are located within environmentally
10 sensitive areas, including but not limited to
11 agricultural drainage well basins or drainage
12 districts where agricultural drainage wells are
13 located. The department may install and operate a
14 hydrological monitoring system if after an on-site
15 inspection, the department determines that the site
16 presents an extraordinary potential for surface water
17 or subsurface water pollution. The department shall
18 file a report with the general assembly on or before
19 January 15 describing the department's monitoring
20 activities, including resulting disciplinary or legal
21 action initiated by the department or the attorney
22 general against animal feeding operations in violation
23 of chapter 455B."
Greiner of Washington rose on a point of order that amendment
H-1423 was not germane.
The Speaker ruled the point not well taken and amendment H-1423
germane.
Moreland of Wapello moved the adoption of amendment H-1423.
A non-record roll call was requested.
The ayes were 39, nays 52.
Amendment H-1423 lost.
Moreland of Wapello offered the following amendment H-1424 filed
by him and moved its adoption:
H-1424
1 Amend House File 708 as follows:
2 1. Page 7, line 6, by inserting after the word
3 "operations." the following: "As a condition of this
4 allocation, the department shall adopt rules as
5 necessary to provide that manure from the site of an
6 animal feeding operation does not enter into a
7 drainage system. The rules shall prohibit a person
8 from constructing or expanding an earthen manure
9 storage basin used in conjunction with a confinement
10 feeding operation in which swine are confined, if the
11 earthen manure storage basin as constructed or
12 expanded would have a capacity to store more than two
13 million gallons of waste discharge. The rules shall
14 provide for inspecting the site of an anaerobic lagoon
15 or earthen manure storage basin, examining records of
16 known drainage tiles serving the site, and removing,
17 rerouting, capping, or plugging tile lines near the
18 site. The rules shall apply regardless of the date
19 that the anaerobic lagoon or earthen manure storage
20 basin was constructed."
Amendment H-1424 lost.
Weigel of Chickasaw offered amendment H-1581 filed by him and
Burnett of Story as follows:
H-1581
1 Amend House File 708 as follows:
2 1. Page 7, line 6, by inserting after the word
3 "operations." the following: "As a condition of this
4 allocation the department of natural resources shall,
5 by rule adopted pursuant to chapter 17A, amend 567 IAC
6 65.1 to provide when two or more animal feeding
7 operations are considered as a single operation
8 consistent with chapter 455B. The rules shall be
9 amended to provide that two or more animal feeding
10 operations under common ownership or management shall
11 be deemed to be a single animal feeding operation if
12 the operations are separated at their closest points
13 by two thousand five hundred feet or less."
Greiner of Washington rose on a point of order that amendment
H-1581 was not germane.
The Speaker ruled the point well taken and amendment H-1581 not
germane.
Weigel of Chickasaw asked for unanimous consent to suspend the
rules to consider amendment H-1581.
Objection was raised.
Weigel of Chickasaw moved to suspend the rules to consider
amendment H-1581.
Roll call was requested by Weigel of Chickasaw and Schrader of
Marion.
On the question "Shall the rules be suspended to consider
amendment H-1581?" (H.F. 708)
The ayes were, 43:
Bernau Brand Bukta Burnett
Cataldo Chapman Chiodo Cohoon
Connors Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Garman Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Moreland
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Warnstadt Weigel
Whitead Wise Witt
The nays were, 55:
Arnold Barry Blodgett Boddicker
Boggess Brauns Brunkhorst Carroll
Churchill Cormack Dinkla Dix
Dolecheck Drake Eddie Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Mertz Metcalf
Meyer Millage Mundie Nelson
Rants Rayhons Siegrist Sukup Teig
Thomas Thomson Tyrrell Van
Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 2:
Bell Bradley
The motion to suspend the rules lost.
Meyer of Sac offered amendment H-1291 filed by him as follows:
H-1291
1 Amend House File 708 as follows:
2 1. Page 9, by inserting after line 9, the
3 following:
4 "Sec. ___. MARINE FUEL TAX RECEIPTS - CAPITAL
5 PROJECTS - PIER RESTORATION. From any moneys
6 appropriated from the marine fuel tax receipts
7 deposited in the general fund of the state to the
8 department of natural resources for the fiscal year
9 beginning July 1, 1997, and ending June 30, 1998, for
10 purposes of funding capital projects traditionally
11 funded from marine fuel tax receipts for the purposes
12 specified in section 452A.79, the department of
13 natural resources shall allocate the following amount
14 for the purpose designated:
15 To the city of Lake View to support local efforts
16 to restore stone piers at black hawk lake:
17 $ 100,000
18 Moneys allocated under this section shall be
19 available upon a match by local sponsors of the
20 project of one dollar for each one dollar of state
21 moneys."
22 2. By renumbering as necessary.
Weigel of Chickasaw rose on a point of order that amendment
H-1291 was not germane.
The Speaker ruled the point not well taken and amendment H-1291
germane.
Meyer of Sac moved the adoption of amendment H-1291.
Amendment H-1291 lost.
Mertz of Kossuth offered the following amendment H-1574 filed by
her and moved its adoption:
H-1574
1 Amend House File 708 as follows:
2 1. Page 9, by inserting after line 9, the
3 following:
4 "Sec. ___. MARINE FUEL TAX RECEIPTS - CAPITAL
5 PROJECTS - LAKE DREDGING. From any moneys
6 appropriated from the marine fuel tax receipts
7 deposited in the general fund of the state to the
8 department of natural resources for the fiscal year
9 beginning July 1, 1997, and ending June 30, 1998, for
10 purposes of funding capital projects traditionally
11 funded from marine fuel tax receipts for the purposes
12 specified in section 452A.79, the department of
13 natural resources shall allocate the following amount
14 for the purpose designated:
15 To local sponsors of a dredging operation at
16 crystal lake in Hancock county for purposes of
17 performing the dredging operations:
18 $ 200,000
19 Moneys allocated under this section shall be
20 available upon a match by local sponsors of one dollar
21 for each one dollar of state moneys."
22 2. By renumbering as necessary.
Amendment H-1574 lost.
Bell of Jasper offered the following amendment H-1430 filed by
him and moved its adoption:
H-1430
1 Amend House File 708 as follows:
2 1. Page 10, by inserting after line 16 the
3 following:
4 "Sec. ___. EXCESS LOTTERY REVENUES _ FISCAL YEAR
5 1994-1995. Of the lottery revenues received during
6 the fiscal year beginning July 1, 1994, which remain
7 in the lottery fund, not more than the following
8 amount shall be transferred to the Iowa resources
9 enhancement and protection fund for the fiscal year
10 beginning July 1, 1997, and ending June 30, 1998, to
11 be allocated as provided in section 455A.19:
12 $ 1,800,000"
Boggess of Taylor in the chair at 6:30 p.m.
Roll call was requested by Siegrist of Pottawattamie and
Schrader of Marion.
On the question "Shall amendment H-1430 be adopted?" (H.F. 708)
The ayes were, 47:
Arnold Bell Bernau Brand
Bukta Burnett Cataldo Chapman
Chiodo Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May
Mertz Moreland Mundie Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt Weigel
Whitead Wise Witt
The nays were, 52:
Barry Blodgett Boddicker Bradley
Brauns Brunkhorst Carroll Churchill
Corbett, Spkr. Cormack Dinkla Dix
Dolecheck Drake Eddie
Garman Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Boggess,
Presiding
Absent or not voting, 1:
Metcalf
Amendment H-1430 lost.
Eddie of Buena Vista offered amendment H-1583 filed by Eddie, et
al., as follows:
H-1583
1 Amend House File 708 as follows:
2 1. Page 10, by striking lines 24 through 28, and
3 inserting the following: "fiscal period beginning
4 July 1, 1997, and ending January 1, 1999, as follows:
5 1. a. To Iowa state university for purposes of
6 conducting a study of sites where there is located
7 earthen waste storage structures:"
8 2. Page 10, line 35, by striking the words
9 "manure stored in".
10 3. Page 11, line 3, by striking the words
11 "lagoons and" and inserting the following:
12 "lagoons,".
13 4. Page 11, line 4, by inserting after the word
14 "basins" the following: ", earthen waste slurry
15 storage basins, and other earthen waste storage
16 structures, including municipal and industrial waste
17 storage structures,".
18 5. Page 11, line 7, by inserting after the word
19 "department." the following: "For purposes of
20 establishing a baseline for the study, test sites
21 shall include locations where the structures are not
22 located."
23 6. Page 11, lines 10 and 11, by striking the
24 words "of anaerobic lagoons and earthen manure storage
25 basins".
26 7. Page 11, line 15, by striking the words "an
27 animal feeding operation" and inserting the following:
28 "a site".
29 8. Page 11, line 16, by striking the word
30 "operation" and inserting the following: "structure".
31 9. Page 11, by striking lines 22 through 25 and
32 inserting the following: "holds a controlling
33 interest, if the person is classified as a habitual
34 violator for a violation of state law involving an
35 animal feeding operation as regulated by the
36 department of natural resources."
Speaker Corbett in the chair at 6:58 p.m.
Meyer of Sac offered the following amendment H-1609, to
amendment H-1583, filed by him from the floor and moved its
adoption:
H-1609
1 Amend the amendment, H-1583, to House File 708 as
2 follows:
3 1. Page 1, by inserting after line 17 the
4 following:
5 " . Page 11, lines 4 and 5, by striking the
6 words "install hydrological monitoring wells" and
7 inserting the following: "perform tests"."
8 2. Page 1, line 22, by inserting after the word
9 "located." the following: "To every extent feasible,
10 the tests shall be conducted to ensure the most
11 efficient use of moneys appropriated under this
12 section to obtain accurate samples, which may include
13 the use of hydraulically powered, percussion and
14 probing equipment designed specifically for use in the
15 environmental industry to drive borings in order to
16 obtain groundwater samples."
Amendment H-1609, to amendment H-1583, was adopted.
Division of amendment H-1583 was requested as follows:
Lines 2 through 12, and lines 18 through 36, Division A.
Lines 13 through 17, Division B.
Eddie of Buena Vista moved the adoption of amendment H-1583A.
Amendment H-1583A was adopted.
Greig of Emmet offered amendment H-1517 filed by him and
requested division as follows:
H-1517
1 Amend House File 708 as follows:
H-1517A
2 1. Page 11, line 2, by striking the word "shall"
3 and inserting the following: "may".
4 2. Page 11, line 4, by striking the word "shall"
5 and inserting the following: "may".
H-1517B
6 3. Page 11, line 5, by inserting after the word
7 "sites" the following: "with the owner's consent
8 and".
H-1517A
9 4. Page 11, line 7, by striking the word "shall"
10 and inserting the following: "may".
Greig of Emmet asked and received unanimous consent to withdraw
amendment H-1517A.
Greig of Emmet moved the adoption of amendment H-1517B.
A non-record roll call was requested.
The ayes were 42, nays 33.
Amendment H-1517B was adopted.
Eddie of Buena Vista asked and received unanimous consent to
withdraw amendment H-1583B filed by Eddie, et al., on April 7,
1997.
Koenigs of Mitchell offered the following amendment H-1408 filed
by him and moved its adoption:
H-1408
1 Amend House File 708 as follows:
2 1. By striking page 10, line 18, through page 11,
3 line 28.
4 2. Page 13, by inserting after line 13 the
5 following:
6 "___. To the department of natural resources for
7 testing of animal feeding operations and their
8 structures, in accordance with this subsection:
9 $ 200,000
10 The department of natural resources shall utilize
11 the moneys appropriated in this subsection to perform
12 testing of animal feeding operations and their
13 structures, including confinement feeding operations
14 and confinement feeding operation structures all as
15 defined in section 455B.161, and manure management and
16 disposal systems used by such operations. The
17 operations and their structures or systems must have
18 been constructed or installed on or before July 1,
19 1992. The testing shall be for the purpose of
20 determining the extent to which animal feeding
21 operations and their structures and manure management
22 and disposal systems contribute to point and nonpoint
23 contamination of the state's groundwater and surface
24 water. The testing shall be based on factors
25 established cooperatively by the department and Iowa
26 state university. The factors shall be evaluated in
27 accordance with standards, criteria, and protocols
28 established cooperatively by the department and Iowa
29 state university. A person owning or operating an
30 animal feeding operation may cooperate with the
31 department in carrying out this subsection. The
32 identity of the animal feeding operations shall be
33 confidential and information regarding the identity of
34 the animal feeding operation shall not be subject to
35 disclosure under chapter 22. The findings of the
36 testing shall not be used in a case or proceeding
37 brought against a person based upon a violation of
38 state law. The department shall report its findings
39 and recommendations to the general assembly not later
40 than January 15, 1999. Notwithstanding section 8.33,
41 moneys appropriated pursuant to this subsection shall
42 not revert until January 15, 1999."
43 3. By renumbering as necessary.
Amendment H-1408 lost.
Koenigs of Mitchell offered the following amendment H-1579 filed
by him and moved its adoption:
H-1579
1 Amend House File 708 as follows:
2 1. Page 11, by inserting after line 28 the
3 following:
4 "Sec. ___. AGRICULTURAL DRAINAGE WELLS. There is
5 appropriated from the general fund of the state to the
6 division of soil conservation of the department of
7 agriculture and land stewardship for the fiscal year
8 beginning July 1, 1997, and ending June 30, 1998, the
9 following amount, or so much thereof as is necessary,
10 to be used for the purposes designated:
11 For purposes of supporting the alternative drainage
12 system assistance fund created in section 159.29A for
13 purposes of supporting the alternative drainage system
14 assistance program administered by the soil
15 conservation division as provided in section 159.29B,
16 if enacted by 1997 Iowa Acts, Senate File 473:
17 $ 1,000,000"
Carroll of Poweshiek in the chair at 7:43 p.m.
Roll call was requested by Koenigs of Mitchell and Siegrist of
Pottawattamie.
Rule 75 was invoked.
On the question "Shall amendment H-1579 be adopted?" (H.F. 708)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Warnstadt Weigel Whitead
Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Churchill Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Metcalf
Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Carroll,
Presiding
Absent or not voting, 1:
Houser
Amendment H-1579 lost.
Moreland of Wapello offered the following amendment H-1572 filed
by him and moved its adoption:
H-1572
1 Amend House File 708 as follows:
2 1. Page 12, line 4, by striking the figure
3 "400,000" and inserting the following: "100,000".
4 2. Page 12, by inserting after line 4 the
5 following:
6 "___. To the department of natural resources for
7 the fiscal year beginning July 1, 1997, and ending
8 June 30, 1998, to be used for purposes of supporting
9 the rural development through forestry program in
10 cooperation with the state's rural conservation and
11 development areas of the United States department of
12 agriculture natural resources conservation service:
13 $ 300,000"
14 3. By renumbering as necessary.
Speaker Corbett in the chair at 8:00 p.m.
Roll call was requested by Greiner of Washington and Moreland of
Wapello.
On the question "Shall amendment H-1572 be adopted?" (H.F. 708)
The ayes were, 36:
Bukta Cataldo Chapman Chiodo Cohoon
Connors Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Holveck Jochum Kinzer
Koenigs Kreiman Larkin Mascher
Moreland Murphy Myers Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Warnstadt Weigel
Whitead Wise Witt
The nays were, 63:
Arnold Barry Bell Bernau
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Burnett Carroll
Churchill Cormack Dinkla Dix
Dolecheck Drake Eddie Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Huser
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
May Mertz Metcalf Meyer
Millage Mundie Nelson O'Brien
Rants Rayhons Siegrist Sukup
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 1:
Blodgett
Amendment H-1572 lost.
Garman of Story offered the following amendment H-1543 filed by
her and moved its adoption:
H-1543
1 Amend House File 708 as follows:
2 1. Page 12, by inserting after line 4 the
3 following:
4 "___. To the department of natural resources for
5 testing exclusively earthen manure storage structures,
6 in accordance with this subsection:
7 $ 100,000
8 a. The department shall utilize the moneys
9 appropriated in this subsection to perform testing of
10 exclusively earthen manure storage structures,
11 including anaerobic lagoons and earthen manure storage
12 basins, which are part of confinement feeding
13 operations.
14 b. The testing shall include installation and
15 operation of hydrological monitoring wells. The
16 testing process shall be considered as part of an
17 inspection. The department shall comply with section
18 455B.103 when entering upon land to perform testing
19 under this section, unless the owner of the
20 confinement feeding operation agrees to the
21 inspection. The owner of a confinement feeding
22 operation who obstructs or interferes with testing
23 shall be subject to a civil penalty of not more than
24 five thousand dollars.
25 c. The department shall report its findings and
26 recommendations to the general assembly. A
27 preliminary report shall be submitted on or before
28 January 1, 1998, and a final report shall be delivered
29 on or before January 1, 1999.
30 d. Notwithstanding section 8.33, moneys
31 appropriated pursuant to this subsection shall not
32 revert until January 15, 1999.
33 e. Chapter 22 shall apply to all information
34 received by the department other than information
35 which identifies a person or operation subject to the
36 testing, unless an administrative or legal action is
37 brought to enforce a violation of chapter 455B as
38 provided in that chapter."
39 2. By renumbering as necessary.
Boggess of Taylor in the chair at 8:24 p.m.
Amendment H-1543 lost.
Teig of Hamilton offered the following amendment H-1558 filed by
him and moved its adoption:
H-1558
1 Amend House File 708 as follows:
2 1. Page 12, line 32, by striking the word "and"
3 and inserting the following: "or an environmental
4 laboratory for drinking water analysis certified by
5 the department of natural resources. The samples
6 shall be".
Speaker pro tempore Van Maanen of Marion in the chair at 8:30
p.m.
Amendment H-1558 was adopted.
Drees of Carroll asked and received unanimous consent to
withdraw amendment H-1439 filed by him on March 26, 1997.
Cormack of Webster offered amendment H-1461 filed by him as
follows:
H-1461
1 Amend House File 708 as follows:
2 1. Page 14, by inserting after line 6 the
3 following:
4 "Sec. ___. REPAYMENT RECEIPTS - SALE OF TIMBER ON
5 STATE LAND. For the fiscal year beginning July 1,
6 1997, and ending June 30, 1998, moneys received by the
7 department of natural resources from the sale or
8 harvesting of timber on state land shall be considered
9 to be repayment receipts as provided in chapter 8.
10 The moneys shall be used by the department for
11 purposes of supporting an urban forestry program
12 administered by the department."
13 2. By renumbering as necessary.
Cormack of Webster offered the following amendment H-1610, to
amendment H-1461, filed by him from the floor and moved its
adoption:
H-1610
1 Amend the amendment, H-1461, to House File 708, as
2 follows:
3 1. Page 1, line 5, by inserting before the word
4 "STATE" the following: "CERTAIN".
5 2. Page 1, line 8, by striking the words "on
6 state land" and inserting the following: "in state
7 parks, state preserves, state recreation areas, and
8 state foest lands".
Amendment H-1610 was adopted.
Shoultz of Black Hawk rose on a point of order that amendment
H-1461, as amended, was not germane.
The Speaker ruled the point well taken and amendment H-1461 not
germane.
Cormack of Webster asked for unanimous consent to suspend the
rules to consider amendment H-1461.
Objection was raised.
Cormack of Webster moved to suspend the rules to consider
amendment H-1461.
A non-record roll call was requested.
The ayes were 44, nays 47.
The motion to suspend the rules lost.
Barry of Harrison offered the following amendment H-1530 filed
by Barry, et al., and moved its adoption:
H-1530
1 Amend House File 708 as follows:
2 1. By striking page 15, line 35, through page 16,
3 line 4, and inserting the following: "section 161D.2.
4 However, the general assembly supports continued state
5 funding of the loess hills development and
6 conservation authority as provided in section 161D.1."
Amendment H-1530 was adopted.
Heaton of Henry offered the following amendment H-1540 filed by
him and moved its adoption:
H-1540
1 Amend House File 708 as follows:
2 1. Page 16, line 5, by striking the words
3 "AUTHORIZATION TO THE CITY OF MOUNT PLEASANT" and
4 inserting the following: "DIRECTION TO THE DEPARTMENT
5 OF NATURAL RESOURCES".
6 2. Page 16, line 6, by striking the words
7 "Notwithstanding any provision granting".
8 3. Page 16, by striking lines 7 through 13 and
9 inserting the following: "The department of natural
10 resources shall remove a pylon obstruction which is
11 located in the Skunk river near the city of Mount
12 Pleasant pursuant to section 461A.5. The department
13 may use up to $100,000 from any moneys appropriated
14 from the marine fuel tax receipts deposited in the
15 general fund of the state which is appropriated to the
16 department of natural resources for the fiscal year
17 beginning July 1, 1997, and ending June 30, 1998, for
18 purposes of funding capital projects traditionally
19 funded from marine fuel tax receipts. The department
20 shall complete the removal of the pylon obstruction
21 not later than January 1, 1998."
Amendment H-1540 was adopted.
Speaker Corbett in the chair at 8:48 p.m.
Mertz of Kossuth asked and received unanimous consent to
withdraw amendment H-1573 filed by her on April 7, 1997.
Mertz of Kossuth offered the following amendment H-1582 filed by
her and moved its adoption:
H-1582
1 Amend House File 708 as follows:
2 1. By striking page 16, line 34, through page 17,
3 line 1.
4 2. Page 17, by inserting after line 3 the
5 following:
6 "Sec. 100. INTERIM ASSISTANT SECRETARY OF
7 AGRICULTURE - RETENTION OF BUDGETED MONEYS. Not more
8 than $86,013 of the moneys appropriated to the
9 department of agriculture and land stewardship by 1996
10 Iowa Acts, chapter 1214, sections 1 through 4, shall
11 not revert pursuant to section 8.33, but shall remain
12 available for use by the department in supporting the
13 position of interim assistant secretary of
14 agriculture, as created in 1996 Iowa Acts, chapter
15 1214, section 27, for the fiscal year beginning July
16 1, 1997, and ending June 30, 1998. This position
17 shall be in addition to the full-time equivalent
18 positions provided to the department's administrative
19 division as provided in section 1."
20 3. Page 19, by striking lines 13 through 16.
21 4. Page 19, by striking lines 21 and 22.
22 5. Page 19, line 24, by striking the word and
23 figure "Section 24" and inserting the following:
24 "Sections 24 and 100".
25 6. Page 19, line 25, by striking the word "takes"
26 and inserting the following: "take".
27 7. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 37, nays 48.
Amendment H-1582 lost.
Koenigs of Mitchell offered amendment H-1407 filed by him as
follows:
H-1407
1 Amend House File 708 as follows:
2 1. Page 17, by inserting after line 18 the
3 following:
4 "Sec. ___. APPROPRIATIONS CONDITIONAL UPON COUNTY
5 REVIEW OF ANIMAL FEEDING OPERATION STRUCTURES.
6 1. As a condition of the appropriation made to the
7 department of natural resources pursuant to section 11
8 of this Act, the department shall not issue a permit
9 for the construction of an animal feeding operation
10 which is part of a confinement feeding operation,
11 unless the application for a permit is recommended for
12 approval as provided in this section.
13 2. The application must be approved by the county
14 engineer or a professional engineer designated by the
15 county, in the county in which the animal feeding
16 operation is to be located.
17 3. The department shall provide procedures for
18 counties to recommend approval of an application to
19 the department. The department shall provide that a
20 county may waive any right to receive an application
21 for further comment prior to approval by the
22 department.
23 4. An application must include preliminary
24 drawings and specifications as required by the county
25 engineer or professional engineer.
26 5. An application must be certified by the
27 engineer. The engineer shall conduct a technical
28 review of an application to ensure that the
29 construction does not violate state law, including
30 rules adopted by the department, and addresses
31 criteria required by the engineer, including the
32 environmental sensitivity of the site, the area's soil
33 condition, the proximity of the structure to surface
34 water, the level of the area's water table, the
35 potential for flooding, and drainage.
36 6. If the department approves an application, the
37 permit must be conditioned upon inspection of the
38 construction by the engineer during each phase of
39 construction. Any changes in the construction must be
40 approved by the engineer, and noted on final as-built
41 drawings and specifications which must be filed with
42 the county. A copy of the approved final as-built
43 drawings and specifications shall be forwarded to the
44 department for filing. The department shall annually
45 reimburse each county for an amount expended by the
46 county in recommending the approval of a construction
47 permit prior to departmental approval.
48 7. An applicant shall reimburse the county for the
49 amount expended by the county in inspecting each phase
50 of construction, and approving final as-built drawings
Page 2
1 and specifications for the construction."
2 2. By renumbering as necessary.
Greiner of Washington rose on a point of order that amendment
H-1407 was not germane.
The Speaker ruled the point well taken and amendment H-1407 not
germane.
Koenigs of Mitchell asked for unanimous consent to suspend the
rules to consider amendment H-1407.
Objection was raised.
Koenigs of Mitchell moved to suspend the rules to consider
amendment H-1407.
Roll call was requested by Koenigs of Mitchell and Greiner of
Washington.
On the question "Shall the rules be suspended to consider
amendment H-1407?" (H.F. 708)
The ayes were, 40:
Bernau Brand Bukta Burnett
Cataldo Chapman Cohoon Doderer
Dotzler Drees Falck Fallon
Foege Frevert Garman Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher May
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Warnstadt Weigel Whitead Witt
The nays were, 57:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Churchill Cormack
Dinkla Dix Dolecheck Drake
Eddie Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
Mertz Metcalf Meyer Millage
Nelson Rants Rayhons Siegrist
Sukup Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Wise
Mr. Speaker
Corbett
Absent or not voting, 3:
Chiodo Connors Ford
The motion to suspend the rules lost.
Koenigs of Mitchell offered amendment H-1409 filed by him as
follows:
H-1409
1 Amend House File 708 as follows:
2 1. Page 17, by inserting after line 18 the
3 following:
4 "Sec. ___. APPROPRIATIONS CONDITIONAL UPON
5 ADOPTION OF A SPECIAL BUILDING CODE - CONFINEMENT
6 FEEDING OPERATIONS. As a condition of the
7 appropriation made to the department of natural
8 resources pursuant to section 11 of this Act, the
9 department shall by rule adopted pursuant to chapter
10 17A establish a building code which applies to animal
11 feeding operation structures which are part of a
12 confinement feeding operation, if the confinement
13 feeding operation confines swine and has an animal
14 weight capacity of more than two hundred thousand
15 pounds, as provided in chapter 455B. The department's
16 building code shall be based on provisions submitted
17 to the department by the animal agriculture consulting
18 organization as created pursuant to 1995 Iowa Acts,
19 chapter 195, section 37. The building code shall be
20 adopted in consultation with the state building code
21 commissioner as provided in chapter 103A, and may be
22 administered and enforced by a county independently of
23 authority to administer and enforce a county building
24 code as provided in section 331.304."
25 2. By renumbering as necessary.
Greiner of Washington rose on a point of order that amendment
H-1409 was not germane.
The Speaker ruled the point well taken and amendment H-1409 not
germane.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-1410 filed by him on March 26, 1997.
Frevert of Palo Alto offered amendment H-1420 filed by Frevert,
et al., as follows:
H-1420
1 Amend House File 708 as follows:
2 1. Page 18, by inserting after line 23 the
3 following:
4 "Sec. ___. Section 335.2, Code 1997, is amended to
5 read as follows:
6 335.2 FARMS AGRICULTURAL PURPOSES EXEMPT.
7 1. As used in this section, "confinement swine
8 feeding operation" means a confinement feeding
9 operation as defined in section 455B.161 in which
10 swine are confined and fed.
11 2. Except to the extent required to implement
12 section 335.27, no as provided in this section, an
13 ordinance adopted under this chapter applies shall
not
14 apply to an agricultural operation, including land,
15 farm houses, farm barns, farm outbuildings,
or other
16 buildings or structures, which are primarily adapted,
17 by reason of nature and area, for use for an
18 agricultural purposes purpose, while so used.
19 However, the ordinances an ordinance adopted under
20 this chapter may apply to any of the following:
21 a. The implementation of an agricultural land
22 preservation ordinance, as provided in section 335.27.
23 b. A structure, building, dam, obstruction,
24 deposit, or excavation in or on the flood plains of
25 any a river or stream.
26 c. A confinement swine feeding operation.
27 However, an ordinance adopted under this chapter shall
28 not apply to a confinement swine feeding operation, if
29 any of the following are applicable:
30 (1) There are less than three thousand five
31 hundred head of swine subject to care and feeding by
32 the confinement swine feeding operation.
33 (2) The owner of the parcel of agricultural land
34 where the confinement swine feeding operation is
35 located is qualified to file for a homestead tax
36 credit as provided pursuant to section 425.2 on that
37 parcel."
Greiner of Washington rose on a point of order that amendment
H-1420 was not germane.
The Speaker ruled the point well taken and amendment H-1420 not
germane.
Frevert of Palo Alto offered amendment H-1425 filed by her and
Fallon of Polk as follows:
H-1425
1 Amend House File 708 as follows:
2 1. Page 18, by inserting after line 23 the
3 following:
4 "Sec. ___. NEW SECTION. 331.309 CONFINEMENT
5 FEEDING OPERATIONS - SITING ORDINANCE.
6 1. As used in this section:
7 a. "Animal feeding operation structure" means the
8 same as defined in section 455B.161.
9 b. "Animal weight capacity" means the same as
10 defined in section 455B.161.
11 c. "Confinement feeding operation" means the same
12 as defined in section 455B.161.
13 2. a. Notwithstanding section 335.2, a county may
14 adopt a confinement feeding operations siting
15 ordinance, pursuant to section 331.302. The purpose
16 of the ordinance shall be to allow approval of the
17 siting of a confinement feeding operation regardless
18 of whether the county has adopted an ordinance under
19 chapter 335. The ordinance shall authorize a county
20 to approve the site of the construction or expansion
21 of a confinement feeding operation, including
22 confinement feeding operation buildings and related
23 animal feeding operation structures in order to
24 preserve and protect natural resources, including
25 water sources and fragile environmental locations;
26 lessen congestion and overcrowding of confinement
27 feeding operations, especially near cities; and to
28 protect the health and welfare of the public.
29 b. The ordinance shall provide for methods and
30 procedures required for submission of proposals,
31 review of proposals, and approval of a site. In
32 administering the ordinance, the county shall
33 establish a confinement feeding operations siting
34 commission which shall review each proposal for the
35 construction or expansion of a confinement feeding
36 operation, and recommend to the county board of
37 supervisors that the board approve or disapprove the
38 proposal. The board shall appoint five members of the
39 commission. Four members shall not reside in a city,
40 and one member shall reside in a city. At least three
41 of the members shall be persons who are or were
42 actively engaged in animal agriculture. The
43 commission shall make its recommendation to the board
44 within forty-five days after the date that the board
45 received a complete proposal. The board shall approve
46 or disapprove a proposal within forty-five days after
47 the date that the board receives the commission's
48 recommendation.
49 c. A confinement feeding operations siting
50 ordinance shall not apply to a proposed confinement
Page 2
1 feeding operation or to the proposed expansion of a
2 confinement feeding operation, if either of the
3 following apply:
4 (1) Only bovine or avian animals are to be
5 confined in the confinement feeding operation.
6 (2) The confinement feeding operation is to have
7 an animal weight capacity of less than three hundred
8 thousand pounds."
9 2. Page 19, by inserting after line 11 the
10 following:
11 "Sec. ___. Section 455B.173, subsection 13, Code
12 1997, is amended to read as follows:
13 13. a. Adopt, modify, or repeal rules relating to
14 the construction, including the expansion, of animal
15 feeding operations, or the operation of animal
feeding
16 operations. The rules shall include, but are not
17 limited to, minimum manure control requirements,
18 requirements for obtaining permits, and departmental
19 evaluations of animal feeding operations. The
20 department shall not require that a person obtain a
21 permit for the construction of an animal feeding
22 operation structure, if A person must obtain a
23 construction permit to construct an animal feeding
24 operation structure which is part of or connected to a
25 confinement feeding operation, unless the structure is
26 part of a small an animal feeding operation which
has
27 an animal weight capacity of less than three hundred
28 thousand pounds. However, unless otherwise required
29 by departmental rule, this paragraph does not require
30 a person to obtain a construction permit to construct
31 an animal feeding operation structure which is part of
32 or connected to and used exclusively by a confinement
33 feeding operation in which only bovine or avian
34 animals are confined.
35 b. The department shall collect an indemnity fee
36 as provided in section 204.3 prior to the issuance of
37 a construction permit. The department shall deposit
38 indemnity fees in the manure storage indemnity fund
39 created in section 204.2.
40 c. The department shall not approve a permit for
41 the construction of three or more animal feeding
42 operation structures unless the applicant files a
43 statement approved by a professional engineer
44 registered pursuant to chapter 542B certifying that
45 the construction of the animal feeding operation
46 structure will not impede the drainage through
47 established drainage tile lines which cross property
48 boundary lines unless measures are taken to
49 reestablish the drainage prior to completion of
50 construction. The department shall deposit moneys
Page 3
1 collected in indemnity fees in the manure storage
2 indemnity fund created in section 204.2.
3 d. The department shall issue a permit for an
4 animal feeding operation, if an application is
5 submitted according to procedures required by the
6 department, and the application meets standards
7 established by the department, regardless of whether
8 the animal feeding operation is required to obtain
9 such a permit. An applicant for a construction permit
10 shall not begin construction at the location of a site
11 planned for the construction of an animal feeding
12 operation structure, until the person has been granted
13 a permit for the construction of the structure by the
14 department. The department shall make a determination
15 regarding the approval or denial of a permit within
16 sixty days from the date that the department receives
17 a completed application for a permit. However, the
18 sixty-day requirement shall not apply to an
19 application, if the applicant is not required to
20 obtain a permit in order to construct an animal
21 feeding operation structure or to operate an animal
22 feeding operation. The department shall deliver a
23 copy or require the applicant to deliver a copy of the
24 application for a construction permit to the county
25 board of supervisors in the county where the
26 confinement feeding operation or confinement feeding
27 operation structure subject to the permit is to be
28 located. The department shall not approve the
29 application or issue a construction permit until
30 thirty days following delivery of the application to
31 the county board of supervisors. The department shall
32 consider comments from the county board of
33 supervisors, regarding compliance by the applicant
34 with the legal requirements for the construction of
35 the confinement feeding operation structure as
36 provided in this chapter, and rules adopted by the
37 department pursuant to this chapter, if the comments
38 are delivered to the department within fourteen days
39 after receipt of the application by the county board
40 of supervisors. Prior to granting a permit to a
41 person for the construction of an animal feeding
42 operation, the department may require the installation
43 and operation of a hydrological monitoring system for
44 an exclusively earthen manure storage structure, if,
45 after an on-site inspection, the department determines
46 that the site presents an extraordinary potential for
47 groundwater pollution.
48 e. A person shall not obtain a permit for the
49 construction of a confinement feeding operation,
50 unless the person develops a manure management plan as
Page 4
1 provided in section 455B.203.
2 f. The department shall not issue a permit to a
3 person under this subsection if an enforcement action
4 by the department, relating to a violation of this
5 chapter concerning a confinement feeding operation in
6 which the person has an interest, is pending. The
7 department shall not issue a permit to a person under
8 this subsection for five years after the date of the
9 last violation committed by a person or confinement
10 feeding operation in which the person holds a
11 controlling interest during which the person or
12 operation was classified as a habitual violator under
13 section 455B.191. The department shall conduct an
14 annual review of each confinement feeding operation
15 which is a habitual violator and each confinement
16 feeding operation in which a habitual violator holds a
17 controlling interest. The department shall notify
18 persons classified as habitual violators of their
19 classification, additional restrictions imposed upon
20 the persons pursuant to the classification, and
21 special civil penalties that may be imposed upon the
22 persons. The notice shall be sent to the persons by
23 certified mail."
Frevert of Palo Alto offered the following amendment H-1592, to
amendment H-1425, filed by her from the floor and moved its
adoption:
H-1592
1 Amend the amendment, H-1425, to House File 708 as
2 follows:
3 1. Page 1, line 4, by striking the word
4 "CONFINEMENT" and inserting the following:
5 "INDUSTRIAL SWINE".
6 2. Page 1, by striking lines 6 through 12 and
7 inserting the following:
8 "1. As used in this section, an "industrial swine
9 feeding operation" means a confinement feeding
10 operation as defined in section 455B.161 in which
11 swine are confined and fed, if any of the following
12 apply:
13 a. The operation controls, owns, or contracts for
14 the care and feeding of six hundred twenty-five
15 thousand pounds or more animal weight capacity for
16 swine. "Animal weight capacity" is calculated in the
17 same manner as provided in section 455B.161.
18 b. If the operation is not a business entity, the
19 operation owner of the agricultural land where the
20 operation is located is not qualified to file for a
21 homestead tax credit as provided in section 425.2 or a
22 family farm tax credit as provided in section 425A.4
23 in the county where the agricultural land is located.
24 c. If the operation is a business entity, any of
25 the following apply:
26 (1) The following persons who hold an interest in
27 the business entity are not eligible to file for a
28 homestead tax credit in the county where the business
29 entity holds most of its agricultural land:
30 (a) The owner of a corporation who is the majority
31 shareholder of the corporation.
32 (b) The person holding the greatest membership
33 interest in a limited liability company.
34 (c) The person contributing the most value to a
35 limited partnership.
36 (d) The beneficiary having the greatest interest
37 in a trust.
38 (2) Less than forty percent of the interest in the
39 business entity is held by persons related to each
40 other as spouse, parent, grandparent, lineal
41 ascendants of the grandparents or their spouses, or
42 lineal descendants of the grandparents or their
43 spouses, or persons acting in a fiduciary capacity to
44 persons so related.
45 (3) Less than fifty percent of the production
46 inputs used to produce and harvest crops or care and
47 feed for animals on the agricultural land are
48 purchased within sixty miles from the borders of the
49 agricultural land where the animal feeding operation
50 is located. A "production input" means seed, feed,
Page 2
1 supplies, and veterinary medical services, but does
2 not include labor, construction materials, equipment,
3 or tools.
4 (4) The business entity has benefited from any of
5 the following:
6 (a) The job training partnership program and other
7 programs administered under section 15.108.
8 (b) The self-employment loan program created in
9 section 15.241.
10 (c) The targeted small business financial
11 assistance program created in section 15.247.
12 (d) The community economic betterment program
13 created in sections 15.315 through 15.320.
14 (e) An agreement for a supplemental new jobs tax
15 credit as provided in section 15.331.
16 (f) The industrial new jobs training program as
17 provided in chapter 260E.
18 (g) The jobs training program as provided in
19 chapter 260F.
20 (h) An economic development area established
21 pursuant to chapter 403."
22 3. Page 1, line 14, by striking the words "a
23 confinement" and inserting the following: "an
24 industrial swine".
25 4. Page 1, line 17, by striking the words "a
26 confinement" and inserting the following: "an
27 industrial swine".
28 5. Page 1, line 21, by striking the words "a
29 confinement" and inserting the following: "an
30 industrial swine".
31 6. Page 1, line 22, by inserting before the word
32 "confinement" the following: "swine".
33 7. Page 1, line 33, by striking the words "a
34 confinement" and inserting the following: "an
35 industrial swine".
36 8. By striking page 1, line 49, through page 4,
37 line 23.
38 9. By renumbering as necessary.
Amendment H-1592, to amendment H-1425, was adopted.
Greiner of Washington rose on a point of order that amendment
H-1425, as amended was not germane.
The Speaker ruled the point well taken and amendment H-1425, as
amended not germane.
Frevert of Palo Alto asked for unanimous consent to suspend the
rules to consider amendment H-1425, as amended.
Objection was raised.
Frevert of Palo Alto moved to suspend the rules to consider
amendment H-1425, as amended.
Roll call was requested by Schrader of Marion and Frevert of
Palo Alto.
On the question "Shall the rules be suspended to consider
amendment H-1425, as amended?" (H.F. 708)
The ayes were, 38:
Bernau Bukta Burnett Cataldo Chapman
Chiodo Cohoon Connors Doderer
Dotzler Drees Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman Larkin
Mascher Moreland Mundie Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Scherrman Schrader Shoultz
Taylor Warnstadt Weigel Whitead
Witt
The nays were, 62:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brand
Brauns Brunkhorst Carroll Churchill
Cormack Dinkla Dix Dolecheck
Drake Eddie Falck Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin May Mertz
Metcalf Meyer Millage Nelson
Rants Rayhons Richardson Siegrist
Sukup Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Wise
Mr. Speaker
Corbett
Absent or not voting, none.
The motion to suspend the rules lost.
Fallon of Polk offered amendment H-1421 filed by him and Burnett
of Story as follows:
H-1421
1 Amend House File 708 as follows:
2 1. Page 19, by inserting after line 11 the
3 following:
4 "Sec. ___. Section 455B.171, Code 1997, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 2A. "Animal feeding operation
7 structure" means the same as defined in section
8 455B.161.
9 Sec. ___. Section 455B.204, subsection 1,
10 unnumbered paragraph 1, Code 1997, is amended to read
11 as follows:
12 An animal feeding operation structure shall not be
13 located at least constructed or expanded less than
14 five hundred feet away from the surface intake of an
15 agricultural drainage well or known sinkhole, and at
16 least two not less than five hundred feet away from
a
17 lake, river, or stream located within the territorial
18 limits of the state, any marginal river area adjacent
19 to the state, which can support a floating vessel
20 capable of carrying one or more persons during a total
21 of a six-month period in one out of ten years,
22 excluding periods of flooding. However, no distance
23 separation is required between a location or object
24 and a farm pond or privately owned lake, as defined in
25 section 462A.2."
Greiner of Washington rose on a point of order that amendment
H-1421 was not germane.
The Speaker ruled the point well taken and amendment H-1421 not
germane.
Koenigs of Mitchell offered amendment H-1422 filed by him as
follows:
H-1422
1 Amend House File 708 as follows:
2 1. Page 19, by inserting after line 11 the
3 following:
4 "Sec. ___. Section 657.11, Code 1997, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 9. This section shall not apply
7 to an industrial swine feeding operation. As used in
8 this subsection, an "industrial swine feeding
9 operation" means a confinement feeding operation as
10 defined in section 455B.161 in which swine are
11 confined and fed, if any of the following apply:
12 a. The operation controls, owns, or contracts for
13 the care and feeding of six hundred twenty-five
14 thousand pounds or more animal weight capacity for
15 swine. "Animal weight capacity" is calculated in the
16 same manner as provided in section 455B.161.
17 b. If the operation is not a business entity, the
18 operation owner of the agricultural land where the
19 operation is located is not qualified to file for a
20 homestead tax credit as provided in section 425.2 or a
21 family farm tax credit as provided in section 425A.4
22 in the county where the agricultural land is located.
23 c. If the operation is a business entity, any of
24 the following apply:
25 (1) The following persons who hold an interest in
26 the business entity are not eligible to file for a
27 homestead tax credit in the county where the business
28 entity holds most of its agricultural land:
29 (a) The owner of a corporation who is the majority
30 shareholder of the corporation.
31 (b) The person holding the greatest membership
32 interest in a limited liability company.
33 (c) The person contributing the most value to a
34 limited partnership.
35 (d) The beneficiary having the greatest interest
36 in a trust.
37 (2) Less than forty percent of the interest in the
38 business entity is held by persons related to each
39 other as spouse, parent, grandparent, lineal
40 ascendants of the grandparents or their spouses, or
41 lineal descendants of the grandparents or their
42 spouses, or persons acting in a fiduciary capacity to
43 persons so related.
44 (3) Less than fifty percent of the production
45 inputs used to produce and harvest crops or care and
46 feed for animals on the agricultural land are
47 purchased within sixty miles from the borders of the
48 agricultural land where the animal feeding operation
49 is located. A "production input" means seed, feed,
50 supplies, and veterinary medical services, but does
Page 2
1 not include labor, construction materials, equipment,
2 or tools.
3 (4) The business entity has benefited from any of
4 the following:
5 (a) The job training partnership program and other
6 programs administered under section 15.108.
7 (b) The self-employment loan program created in
8 section 15.241.
9 (c) The targeted small business financial
10 assistance program created in section 15.247.
11 (d) The community economic betterment program
12 created in sections 15.315 through 15.320.
13 (e) An agreement for a supplemental new jobs tax
14 credit as provided in section 15.331.
15 (f) The industrial new jobs training program as
16 provided in chapter 260E.
17 (g) The jobs training program as provided in
18 chapter 260F.
19 (h) An economic development area established
20 pursuant to chapter 403."
Greiner of Washington rose on a point of order that amendment
H-1422 was not germane.
The Speaker ruled the point well taken and amendment H-1422 not
germane.
Koenigs of Mitchell asked for unanimous consent to suspend the
rules to consider amendment H-1422.
Objection was raised.
Koenigs of Mitchell moved to suspend the rules to consider
amendment H-1422.
Roll call was requested by Koenigs of Mitchell and Siegrist of
Pottawattamie.
On the question "Shall the rules be suspended to consider
amendment H-1422?" (H.F. 708)
The ayes were, 41:
Bernau Brand Bukta Burnett
Cataldo Chapman Chiodo Cohoon
Connors Dotzler Drees Falck
Fallon Foege Ford Frevert
Holveck Huser Jochum Kinzer
Koenigs Kreiman Larkin Mascher May
Moreland Mundie Murphy Myers
O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Taylor Warnstadt Weigel Whitead
Wise Witt
The nays were, 57:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Churchill Cormack
Dinkla Dix Dolecheck Drake
Eddie Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Lord
Martin Mertz Metcalf Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomas
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Mr. Speaker
Corbett
Absent or not voting, 2:
Doderer Shoultz
The motion to suspend the rules lost.
Koenigs of Mitchell asked and received unanimous consent to
withdraw amendment H-1546 filed by him on April 2, 1997.
Witt of Black Hawk asked for unanimous consent to suspend Rule
31.8 for the immediate consideration of amendment H-1587.
Objection was raised.
Witt of Black Hawk moved to suspend Rule 31.8 for the immediate
consideration of amendment H-1587.
H-1587
1 Amend House File 708 as follows:
2 1. Page 16, by inserting after line 28 the
3 following:
4 "Sec. ___. OUTSTANDING BLUFFLANDS PROTECTION
5 LOANS. The principal and interest from any blufflands
6 protection loans outstanding on July 1, 2017, and
7 payable to the blufflands protection revolving fund,
8 shall be paid to the administrative director of the
9 division of soil conservation on or after July 1,
10 2017, pursuant to the terms of the loan agreement and
11 shall be credited to the general fund of the state."
12 2. Page 18, by inserting after line 23 the
13 following:
14 "Sec. ___. Section 99F.11, subsection 4, Code
15 1997, is amended to read as follows:
16 4. The remaining amount of the adjusted gross
17 receipts tax shall be credited to the general fund of
18 the state. However, of the remaining amount of
19 adjusted gross receipts tax available under this
20 subsection, and notwithstanding provisions to the
21 contrary in section 8.57, for the fiscal period
22 beginning July 1, 1997, and ending June 30, 2017, the
23 first one million dollars collected each fiscal year
24 shall be credited to the blufflands protection
25 revolving fund.
26 Sec. ___. NEW SECTION. 161A.80 BLUFFLANDS
27 PROTECTION PROGRAM - REVOLVING FUND.
28 1. As used in this section, unless the context
29 otherwise requires:
30 a. "Bluffland" means a cliff, headland, or hill
31 with a broad steep face along the channel or
32 floodplain of a river and its tributaries.
33 b. "Conservation organization" means a nonprofit
34 corporation incorporated in Iowa or an entity
35 organized and operated primarily to enhance and
36 protect natural resources in this state.
37 2. A blufflands protection revolving fund is
38 created in the state treasury. The proceeds of the
39 revolving fund are appropriated to make loans to
40 conservation organizations which agree to purchase
41 conservation easements on blufflands along the
42 Mississippi river or to purchase blufflands along the
43 Mississippi river for resale with restrictive
44 covenants attached to the property. The
45 administrative director of the division of soil
46 conservation shall administer the revolving fund.
47 Notwithstanding section 12C.7, interest or earnings on
48 investments made pursuant to this section or as
49 provided in section 12B.10 shall be credited to the
50 blufflands protection revolving fund. Notwithstanding
Page 2
1 section 8.33, unobligated or unencumbered funds
2 credited to the blufflands protection revolving fund
3 shall not revert at the close of a fiscal year.
4 However, the maximum balance in the blufflands
5 protection fund shall not exceed two million five
6 hundred thousand dollars. Any funds in excess of two
7 million five hundred thousand dollars shall be
8 credited to the general fund of the state.
9 3. The administrative director of the division
10 shall establish a blufflands protection program to
11 demonstrate creative land protection techniques and
12 encourage private landowners to protect the natural
13 beauty of the blufflands along the Mississippi river.
14 The commissioners of each soil and water conservation
15 district which has a boundary which is coterminous
16 with the Mississippi river shall cooperate with and
17 assist the director in administering the blufflands
18 protection program within their respective districts.
19 The director shall provide, by rule, for a uniform
20 application form, the content of the form, provisions
21 for a loan agreement model conservation easement and
22 restrictive covenant requirements for blufflands, and
23 minimum qualifications of conservation organizations
24 which are eligible to participate in the blufflands
25 protection program. The administrative director shall
26 specify the eligible purposes for which a loan
27 authorized under this section can be expended
28 including, but not limited to, the purchase of
29 blufflands, the acquisition of conservation easements
30 on blufflands, the establishment of landowner
31 associations, payment for loss of land value due to
32 restrictive covenants, and payment for administrative
33 and legal costs.
34 4. An applicant for a loan from the blufflands
35 protection revolving fund shall apply to the soil and
36 water conservation district of the county in which the
37 bluffland is located. The application shall be on
38 forms prepared by the division and shall include the
39 information required by rule of the division. Each
40 conservation organization which applies for a loan
41 under this section shall demonstrate its financial
42 capability to qualify for a loan to the commissioners
43 and its commitment to natural resource protection and
44 appropriate development. If there is a loss of value
45 of a blufflands protection project funded under this
46 section resulting from restrictive covenants, the
47 conservation organization shall be forgiven seventy-
48 five percent of the amount of the loss not exceeding
49 the amount of the loan. If a loan is used to purchase
50 a conservation easement on a blufflands protection
Page 3
1 project, the conservation organization shall be
2 forgiven seventy-five percent of the loan. The
3 application shall be reviewed and feasibility of the
4 proposed project shall be investigated by the
5 commissioners of the district and its report and
6 recommendation shall be sent to the administrative
7 director and the committee for approval.
8 5. Except as otherwise provided in this
9 subsection, each loan made under this section shall be
10 for a period not to exceed five years, shall bear no
11 interest for the first year, and shall be repayable to
12 the blufflands protection revolving fund. After the
13 first year and for each subsequent year that the
14 principal remains unpaid, interest shall be charged
15 against any unpaid balance of the loan. The interest
16 rate shall be set at the prevailing market rate for
17 similar real estate in the county as determined by the
18 director. All interest payments shall be credited to
19 the blufflands protection revolving fund. Each loan
20 shall be repaid as provided in the loan agreement.
21 However, interest on the principal of a loan shall be
22 due and payable thirty days after the conclusion of
23 the second year and each subsequent year that the
24 principal or a part of the principal remains unpaid.
25 A loan may be extended annually beyond the original
26 five years with the approval of the district
27 commissioners and the administrative director.
28 6. The administrative director may:
29 a. Contract, sue and be sued, and adopt
30 administrative rules pursuant to chapter 17A and
31 approved by the committee, necessary to carry out this
32 section, but the administrative director, the
33 committee, or the district commissioners shall not
34 directly or indirectly pledge the credit of the state
35 of Iowa.
36 b. Authorize payment from the blufflands
37 protection revolving fund from moneys received under
38 section 99F.11, subsection 4, and from any income
39 received by investments of any money in the fund for
40 costs, commissions, attorney fees, and other
41 reasonable expenses related to and necessary for the
42 making and protecting of direct loans under this
43 section, and for recovery of moneys loaned or the
44 management of property acquired in connection with the
45 loans.
46 7. This section is repealed on July 1, 2017.
A non-record roll call was requested.
The ayes were 39, nays 45.
The motion to suspend the rules lost.
Greiner of Washington 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. 708)
The ayes were, 58:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dinkla
Dix Dolecheck Drake Eddie
Falck Frevert Garman Gipp
Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti
Larson Lord Martin Metcalf
Meyer Millage Mundie Nelson
Rants Rayhons Siegrist Sukup
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
The nays were, 41:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Dotzler Drees
Fallon Foege Ford Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher May
Mertz Moreland Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, 1:
Doderer
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 708 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 8, 1997, amended and passed the
following bill in which the concurrence of the House is asked:
House File 655, a bill for an act appropriating funds to the
department of economic development, certain board of regents
institutions, the department of workforce development, the
public employment relations board, making statutory changes, and
providing an effective date.
Also: That the Senate has on April 8, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 687, a bill for an act relating to statutory
references to the Iowa beef industry council and increasing an
excise tax on beef cattle upon a referendum.
Also: That the Senate has on April 8, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 529, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds,
and certain other entities, providing for regulatory authority,
and other properly related matters.
MARY PAT GUNDERSON, Secretary
RULE 58 SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend Rule 58 relating to committee notice and agenda, for
a meeting of the committee on appropriations at noon on April 9,
1997.
SPONSORS ADDED
(House Concurrent Resolution 21)
Huser of Polk requested to be added as a sponsor of House
Concurrent Resolution 21.
(House Concurrent Resolution 21)
Richardson of Warren requested to be added as a sponsor of House
Concurrent Resolution 21.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
One hundred five senior students from Clear Lake High School,
Clear Lake, accompanied by Beth Ann Schumacher, Julie Secory and
Mike Callanan. By Blodgett of Cerro Gordo.
Senior students from Ruthven Ayrshire High School, accompanied
by John Josephson and Ed Versteeg. By Frevert of Palo Alto.
Twenty-nine 7th, 8th, and 9th grade students from Holmes Junior
High School, Cedar Falls, accompanied by Dave Andreasen and Rona
Messmore. By Jenkins of Black Hawk and Witt of Black Hawk.
Fifty-two students from Manson-Northwest Webster School, Barnum,
accompanied by Marilyn Moeding. By Mundie of Webster.
Students from East Marshall High School, Legrand. By Nelson of
Marshall.
Four K-5 home schooled students from Mt. Vernon, accompanied by
Jim and Peggy Sabin. By Welter of Jones.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
COLLEGE STUDENT AID COMMISSION
The 1995-1996 Biennial Report, pursuant to Chapter 261.17(6)(d),
Code of Iowa.
WORKFORCE DEVELOPMENT
The 1997 Annual Status Report on the Unemployment Compensation
Fund, pursuant to Chapter 96.35, Code of Iowa.
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
1997\364 Jacob Harris, Earlville - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\365 Moses Miles, Dunlap - For celebrating his 100th
birthday.
1997\366 Elsie Stirtz, Missouri Valley - For celebrating her
85th birthday.
1997\367 North High School Jazz Band, Sioux City - For winning
the 1997 State 4A Jazz Band Championship.
1997\368 Rick Stone, Sioux City - For being named Outstanding
Soloist at the 1997 Iowa Jazz Championship.
1997\369 Justin Kisor, Sioux City - For being named Oustanding
Soloist at the 1997 Iowa Jazz Championship.
1997\370 George Kampling, Sr., Clinton - For being named Sports
Media Person of the Year by the Iowa High School Athletic
Directors' Association.
1997\371 Jeff Cummings, Bedford - For being selected to perform
in the Individual Events All-State Speech Festival.
1997\372 Mark Hardinger, Cedar Rapids - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1997\373 Alex Koenigs, Riceville Community School - For
receiving the third place State Award in the National Geography
Contest.
1997\374 Quad Cities SCORE Chapter 4321 of Quad Cities - For
winning the National SCORE Chapter of the Year Award.
1997\375 Lois Coon, Hartford - For celebrating her 90th birthday.
1997\376 Maria Jones, Decorah - For being selected a National
Merit Scholar.
1997\377 Ardys Ketcham, Decorah - For being selected a National
Merit Scholar.
1997\378 Graham Raulerson, Decorah - For being selected a
National Merit Scholar.
1997\379 Alison Gipp, Decorah - For being selected a National
Merit Scholar.
1997\380 Scott Splinter, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1997\381 Lucille and Regis Meskimen, Ely - For celebrating their
50th wedding anniversary.
1997\382 Directors Scott Long, Vern Hansen, and the Carlisle
Jazz Band, Carlisle - For winning 1st place in the Class 2A
State Jazz Band Competition.
1997\383 Director Ted Heggen and the Woodward-Granger High
School Jazz Band, Woodward - For winning 1st place in the Class
1A State Jazz Band Competition.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 239 Ways and Means
Relating to reporting and depositing of local option sales and
services taxes to the department of revenue and finance by
retailers and increasing the amount of estimated distribution
and frequency of distribution to cities and counties by the
department of revenue and finance.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received
and is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON NATURAL RESOURCES
Senate File 362, a bill for an act establishing a wild animal
depredation unit within the department of natural resources,
allowing the discharge of firearms in state parks for certain
purposes, providing for the issuance of additional free deer
hunting licenses, subjecting violators to an existing penalty,
and providing an effective date.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H-1589 April 3,
1997.
RESOLUTION FILED
HCR 22, by committee on ways and means, a concurrent resolution
requesting the Legislative Council to establish a task force to
study Iowa's system of state and local taxation and requiring
reporting by certain dates.
Laid over under Rule 25.
AMENDMENTS FILED
H_1584 H.F. 405 Senate Amendment
H_1585 H.F. 645 Senate Amendment
H_1586 H.F. 92 Senate Amendment
H_1588 S.F. 40 Doderer of Johnson
Millage of Scott
H_1589 S.F. 362 Committee on
Natural Resources
H_1591 S.F. 391 Garman of Story
H_1593 H.F. 670 Weigel of Chickasaw
H_1594 H.F. 670 Weigel of Chickasaw
H_1595 H.F. 682 Klemme of Plymouth
H_1596 H.F. 716 Weigel of Chickasaw
Mertz of Kossuth Koenigs of Mitchell
Drees of Carroll May of Worth
Scherrman of Dubuque Osterhaus of Jackson
Thomas of Clayton Foege of Linn
Wise of Lee Brand of Tama
O'Brien of Boone Larkin of Lee
H_1597 S.F. 132 Nelson of Marshall
Weidman of Cass
H_1598 S.F. 163 Fallon of Polk
H_1599 S.F. 163 Connors of Polk
Dix of Butler
H_1601 H.F. 663 Lamberti of Polk
H_1602 H.F. 670 Weigel of Chickasaw
H_1603 H.F. 670 Doderer of Johnson
Shoultz of Black Hawk Holveck of Polk
Koenigs of Mitchell Foege of Linn Bukta of Clinton
H_1604 H.F. 715 Blodgett of Cerro Gordo
Hansen of Pottawattamie
H_1605 S.F. 429 Sukup of Franklin
Van Fossen of Scott
Brunkhorst of Bremer
H_1606 S.F. 429 Sukup of Franklin
Van Fossen of Scott
Brunkhorst of Bremer
H_1607 S.F. 503 Jochum of Dubuque
H_1608 S.F. 523 Martin of Scott
Mertz of Kossuth
Witt of Black Hawk
H_1611 H.F. 655 Senate Amendment
H_1612 H.F. 715 Murphy of Dubuque
H_1613 H.F. 715 Murphy of Dubuque
H_1614 H.F. 715 Jochum of Dubuque
Dotzler of Black Hawk
H_1615 H.F. 715 Shoultz of Black Hawk
Dotzler of Black Hawk
H_1616 H.F. 715 Shoultz of Black Hawk
Dotzler of Black Hawk
H_1617 H.F. 715 Murphy of Dubuque
H_1618 H.F. 715 Huser of Polk
H_1619 S.F. 132 Heaton of Henry
May of Worth
H_1620 H.F. 715 Weigel of Chickasaw
H_1621 H.F. 715 Ford of Polk
Shoultz of Black Hawk
Dotzler of Black Hawk
Bell of Jasper
H_1622 S.F. 177 Carroll of Poweshiek
H_1623 S.F. 391 Brand of Tama
H_1624 S.F. 391 Cohoon of Des Moines
May of Worth
H_1625 S.F. 391 Brand of Tama
H_1626 H.F. 715 Houser of Pottawattamie
Hansen of Pottawattamie
Osterhaus of Jackson
H_1627 H.F. 715 Jochum of Dubuque
H_1628 H.F. 715 Brand of Tama
H_1629 H.F. 715 Wise of Lee
H_1630 H.F. 715 Warnstadt of Woodbury
Whitead of Woodbury
H_1631 H.F. 715 Ford of Polk
H_1632 S.F. 296 Metcalf of Polk
H_1633 H.F. 715 Blodgett of Cerro Gordo
Hansen of Pottawattamie
H_1634 H.F. 715 Rants of Woodbury
H_1635 H.F. 715 Hansen of Pottawattamie
Houser of Pottawattamie
Blodgett of Cerro Gordo
H_1636 H.F. 715 Bernau of Story
H_1637 H.F. 667 Rants of Woodbury
On motion by Siegrist of Pottawattamie, the House adjourned at
9:43 p.m., until 8:45 a.m., Wednesday, April 9, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
© 1997 Cornell College and League of Women Voters of Iowa
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