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Sixtieth Calendar Day - Forty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, March 12, 1998 The House met pursuant to adjournment at 8:50 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was sung by The Slade Family Singing Group, Dubuque. The Journal of Wednesday, March 11, 1998 was approved. INTRODUCTION OF BILLS House File 2534, by committee on ways and means, a bill for an act providing for township trustees, by providing for their representation by county attorneys. Read first time and placed on the ways and means calendar. House File 2535, by committee on ways and means, a bill for an act relating to the extension of the reduced excise tax imposed on motor fuel containing ethanol. Read first time and placed on the ways and means calendar. House File 2536, by Schrader and Van Maanen, a bill for an act making an appropriation to the department of corrections for assistance to counties billed for health care costs of certain escapees from a correctional facility and providing an effective date. Read first time and referred to committee on appropriations. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 11, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2296, 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 related statutory changes, and providing an effective date provision. Also: That the Senate has on March 11, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2381, a bill for an act making appropriations from and to the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 1998, to the division of soil conservation for deposit in the Loess Hills development and conservation fund; department of corrections for renovation of the power plant and improvements to the water system at the Iowa correctional institution for women, for the construction of an additional cellblock at the Fort Dodge correctional facility, and for the construction of a 200-bed facility at the Iowa state penitentiary at Fort Madison; department of cultural affairs for the creation of a historical site preservation grant program; department of economic development for a welcome center at Hamburg, to be deposited in the physical infrastructure assistance fund, and for deposit in the rural enterprise fund to be used for a dry fire hydrant and rural water supply education and demonstration project; department of education for infrastructure improvements to the community colleges; department of general services for major renovation needs for state-owned buildings and facilities, for critical and deferred maintenance at Terrace Hill, for relocation of offices and other transitions costs associated with the renovation of the Lucas state office building and the old historical building, for renovation of the Lucas state office building, for developing a master plan for the capitol complex, for planning and design of a parking structure located at the northwest corner of the capitol complex, and for capitol interior restoration; department of public defense for maintenance and repair of national guard armories and facilities; department of public safety for construction of a new patrol post in district 1; department of natural resources for the purpose of funding capital projects from marine fuel tax receipts for expenditures for local cost-share grants to be used for capital expenditures to local governmental units for boating accessibility, for the construction of the Elinor Bedell state park and wildlife conservation area, for a recreational grant matching program, for the blufflands protection revolving fund, and for the dredging of lakes; department of transportation for capital improvements at all 10 of the commercial air service airports; for the Iowa state fair foundation for renovation, restoration, and improvement of the cattle barn and horse barn at the state fairgrounds and for county fair infrastructure improvements; judicial department for capital projects at the capitol building; and state board of regents for capital projects at the Iowa school for the deaf and the Iowa braille and sight saving school; making appropriations of the marine fuel tax receipts from the rebuild Iowa infrastructure fund; providing a reversion date to funds appropriated to the department of revenue and finance in the fiscal year beginning July 1, 1997, and ending June 30, 1998; making statutory changes relating to appropriations by establishing the blufflands protection fund, by reducing the overall appropriation for the restore outdoors program for the fiscal period beginning July 1, 1997, and ending June 30, 2001, as a result of the governor's item veto, by providing for coordination of vertical infrastructure databases, by eliminating a matching contribution requirement on certain funds appropriated to the department of cultural affairs for the fiscal year beginning July 1, 1997, by extending the allowable time to enter into contracts to provide alternative drainage outlets, by allocating part of the funds derived from the excise tax on the sale of motor fuel used in watercraft from the general fund to the rebuild Iowa infrastructure fund; and providing effective dates. MARY PAT GUNDERSON, Secretary SENATE MESSAGES CONSIDERED Senate File 367, by committee on commerce, a bill for an act relating to transfers of real property by providing that certain disclosures regarding stigmatized property are not required and by amending the definition of transfer. Read first time and referred to committee on commerce and regulation. Senate File 2080, by committee on natural resources and environment, a bill for an act relating to disposal, collection, and recycling of waste oil filters and providing an insurance premium discount. Read first time and referred to committee on environmental protection. Senate File 2192, by committee on transportation, a bill for an act relating to motor vehicle damage disclosure statements. Read first time and referred to committee on transportation. Senate File 2201, by Rehberg, a bill for an act relating to security for damages arising from the abandonment of natural gas pipelines. Read first time and referred to committee on commerce and regulation. Senate File 2210, by Tinsman, a bill for an act requiring a peace officer to assist an abused person in obtaining clothing, medical items, and other personal effects from the dwelling for the immediate need of the abused person and any children in that person's care. Read first time and referred to committee on judiciary. Senate File 2224, by committee on judiciary, a bill for an act requiring a court to order a person convicted of domestic abuse assault to complete a batterers' treatment program, and to hold such person in contempt for failure to report for or complete treatment, requiring related reporting of the status of treatment by the judicial district department of correctional services, and extending the pilot project for an alternative batterers' treatment program. Read first time and referred to committee on judciary. Senate File 2308, by committee on state government, a bill for an act concerning eligible alternative retirement benefit systems for community college employees. Read first time and referred to committee on state government. Senate File 2312, by committee on human resources, a bill for an act providing for child day care requirements for volunteers and for the number of children receiving care under the child care home pilot projects and providing an effective date. Read first time and referred to committee on human resources. Senate File 2313, by committee on human resources, a bill for an act relating to child support, providing penalties, and providing effective dates. Read first time and referred to committee on human resources. Senate File 2329, by committee on judiciary, a bill for an act expanding the compensation available from the crime victim compensation program to victims of crime and their families. Read first time and referred to committee on judiciary. Senate File 2335, by committee on judiciary, a bill for an act relating to the prohibition of sex acts between juveniles and employees and agents at juvenile placement facilities and providing a penalty. Read first time and passed on file. Senate File 2359, by committee on human resources, a bill for an act providing for a review of juvenile justice provisions involving child protection by the citizens' aide and providing an effective date. Read first time and passed on file. Senate File 2367, by committee on local government, a bill for an act relating to county vital statistics by providing for the issuance of marriage licenses and eliminating the fee for county birth registrations. Read first time and passed on file. Senate File 2371, by committee on agriculture, a bill for an act relating to infectious and contagious diseases affecting livestock and providing penalties. Read first time and referred to committee on agriculture. Senate File 2391, by committee on judiciary, a bill for an act allowing probation for some operating-while-intoxicated offenders after service of a mandatory minimum sentence, permitting a .15 blood alcohol level to control the penalties applicable to an offender regardless of the margin of error associated with the test device, requiring the deletion from motor vehicle records after twelve years of certain youth license revocations for alcohol violations, and providing an effective date. Read first time and referred to committee on judiciary. On motion by Gipp of Winneshiek, the House was recessed at 9:10 a.m., until 10:30 a.m. LATE MORNING SESSION The House reconvened at 10:35 a.m., Speaker pro tempore Van Maanen of Marion in the chair. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2068, a bill for an act concerning the method by which cities pay the medical costs incurred by members of the police and fire departments of cities who are injured while on duty. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2377, a bill for an act relating to the sixth judicial district pilot probation revocation project and providing for effective dates and for repeal of the pilot project provisions. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2384, a bill for an act to provide for the assessment and payment of a thirty-five dollar installment payment fee for fines or court costs paid in installments under certain circumstances and providing for a contingent effective date. MARY PAT GUNDERSON, Secretary CONSIDERATION OF BILLS Regular Calendar House File 2275, a bill for an act relating to health care providers including the application of records checks to additional providers and the recording and availability of the records of the facility inspections and providing for a repeal, with report of committee recommending passage, was taken up for consideration. Martin of Scott offered the following amendment H-8309 filed by her and Burnett of Story and moved its adoption: H-8309 1 Amend House File 2275 as follows: 2 1. Page 1, by striking lines 24 through 26 and 3 inserting the following: "the department at the seat 4 of government and shall be available to the public by 5 mail, upon request and at the department's expense." Amendment H-8309 was adopted. Martin of Scott 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. 2275) 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 Heaton 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 Van Maanen, Presiding The nays were, none. Absent or not voting, 1: Witt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2502, a bill for an act relating to the statewide notification center and providing for alternative staff and the information requirements associated with the notice of an excavation, was taken up for consideration. Klemme of Plymouth 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. 2502) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton 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 Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Connors Holmes Witt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2275 and 2502. House File 2512, a bill for an act to provide a penalty for the theft or redemption of stolen lottery tickets, was taken up for consideration. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2512) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton 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 Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Connors Falck Vande Hoef Witt 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 2512 be immediately messaged to the Senate. House File 2494, a bill for an act regulating animal feeding operations and making penalties applicable and providing an effective date, was taken up for consideration. On motion by Siegrist of Pottawattamie, the House was recessed at 11:02 a.m., until 1:00 p.m. (House File 2494 pending at recess) AFTERNOON SESSION The House reconvened at 1:12 p.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy members present, thirty absent. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 12, 1998, adopted the following resolution in which the concurrence of the Senate was asked: House Joint Resolution 2004, a joint resolution designating by name an official highest elevation in the State of Iowa. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2268, a bill for an act relating to rural water services by authorizing rural water districts to enter into agreements with other governmental entities to provide for the ownership, acquisition, construction, and equipping of sewer systems, and authorizing the issuance of revenue obligations to finance the projects and providing procedures for detaching property from one district and attaching it to another district. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2345, a bill for an act relating to juvenile justice system provisions involving foster care, termination of parental rights, and adoption preplacement investigations. MARY PAT GUNDERSON, Secretary Rants of Woodbury in the chair at 1:18 p.m. The House resumed consideration of House File 2494, a bill for an act regulating animal feeding operations and making penalties applicable and providing an effective date. Koenigs of Mitchell asked and received unanimous consent that amendment H-8226 be deferred. Mertz of Kossuth asked and received unanimous consent that amendment H-8221 be deferred. Schrader of Marion asked and received unanimous consent that amendment H-8253 be deferred. Frevert of Palo Alto asked and received unanimous consent that amendment H-8222 be deferred. Frevert of Palo Alto asked and received unanimous consent that amendment H-8236 be deferred. Arnold of Lucas asked and received unanimous consent to withdraw amendment H-8339 filed by him on March 11, 1998. Schrader of Marion asked and received unanimous consent that amendment H-8152 be deferred. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-8255 filed by him on March 5, 1998. Kreiman of Davis asked and received unanimous consent that amendment H-8340 be deferred. Frevert of Palo Alto offered the following amendment H-8161 filed by Frevert, et al., and moved its adoption: H-8161 1 Amend House File 2494 as follows: 2 1. By striking page 6, line 21, through page 7, 3 line 6. Speaker Corbett in the chair at 1:40 p.m. Roll call was requested by Frevert of Palo Alto and Siegrist of Pottawattamie. Rule 75 was invoked. On the question "Shall amendment H-8161 be adopted?" (H.F. 2494) The ayes were, 45: Arnold Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Fallon Foege Ford 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 Wise Witt The nays were, 55: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Falck 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, none. Amendment H-8161 lost. Teig of Hamilton offered amendment H-8354 filed by Teig, et al., as follows: H-8354 1 Amend House File 2494 as follows: 2 1. Page 7, line 19, by striking the word and 3 figure "division II," and inserting the following: 4 "division II,; section 455B.200A;". 5 2. Page 9, by inserting after line 11 the 6 following: 7 "a. Both of the following apply:" 8 3. Page 9, line 12, by striking the letter "a." 9 and inserting the following: "(1)". 10 4. Page 9, by inserting after line 14 the 11 following: 12 "(2) The confinement feeding operations have a 13 combined animal weight capacity of less than six 14 hundred twenty-five thousand pounds for animals other 15 than bovine or less than one million six hundred 16 thousand pounds for bovine." 17 5. Page 9, line 30, by inserting after the word 18 "feet" the following: "or less". 19 6. Page 10, line 6, by inserting after the word 20 "Act;" the following: "and". 21 7. Page 10, by striking lines 7 through 10, and 22 inserting the following: "expansion of structures 23 constructedon or after May 31, 1995; or, except as24provided in section 455B.163, to the expansion of25structures constructedprior toMay 31, 1995:the 26 effective date of this Act." 27 8. Page 14, line 16, by inserting after the word 28 "road" the following: ", street, bridge, or 29 thoroughfare". 30 9. Page 15, line 11, by striking the words and 31 figure "May 31, 1995" and inserting the following: 32 "the effective date of this Act". 33 10. Page 15, by striking line 15 and inserting 34 the following: "expanded on or after the effective 35 date of this Act,". 36 11. Page 15, by striking lines 20 through 29 and 37 inserting the following: 38 "a. No portion of the animal feeding operation 39 after expansion is closer than before expansion to a 40 location or object for which separation is required 41 under section 455B.162." 42 12. Page 15, by striking line 34 and inserting 43 the following: "feeding operating structure 44 constructed prior to the effective date of this Act, 45 or on the". 46 13. Page 16, by striking line 1 and inserting the 47 following: "structure constructed on or after the 48 effective date". 49 14. Page 16, line 13, by inserting after the 50 figure "455B.162" the following: ", subsections 1, Page 2 1 1B, and 1C". 2 15. Page 16, by striking lines 15 and 16, and 3 inserting the following: "operation as expanded is 4 not more than either of the following: 5 (1) Six hundred twenty-five thousand pounds for 6 animals other than bovine. 7 (2) One million six hundred thousand pounds for 8 bovine." 9 16. Page 17, line 31, by striking the word "an". 10 17. By striking page 17, line 32, through page 11 18, line 15, and inserting the following: "the same 12 as defined in section 455B.161." 13 18. Page 21, line 11, by inserting after the word 14 "permit." the following: "A completed application 15 which is not approved or denied within the sixty-day 16 period shall be approved by default." 17 19. Page 21, line 20, by inserting after the 18 words "permit is" the following: "proposed". 19 20. By striking page 23, line 27, through page 20 24, line 4, and inserting the following: 21 "Adjacency shall be determined under this part in 22 the same manner as determined pursuant to section 23 455B.161A." 24 21. Page 29, line 27, by inserting after the word 25 "site" the following: "other than a commercial manure 26 applicator". 27 22. Page 31, by striking lines 12 through 15 and 28 inserting the following: "program under this section, 29 and the department of agriculture and land stewardship 30 in administering the certification program for 31 pesticide applicators may cooperate together." 32 23. Page 31, line 34, by striking the words "in 33 sight or hearing" and inserting the following: "both 34 of the following: 35 a. Physically present at the site where the manure 36 is located. 37 b. In sight or hearing". 38 24. Page 31, by inserting after line 35, the 39 following: 40 "8. If a certified commercial applicator applies 41 manure to land in a manner that causes a violation of 42 this part, any person who holds an interest in the 43 land or any person who owns or operates an animal 44 feeding operation where the manure originated shall 45 not be subject to an enforcement action under this 46 part, including the assessment of a civil penalty 47 under section 455B.191, arising out of the violation, 48 unless the person or the person's agent knew or 49 reasonably should have known of the violation and 50 failed to order its termination." Page 3 1 25. Page 33, line 6, by striking the word 2 "wellhead" and inserting the following: "surface 3 intake, wellhead,". 4 26. Page 35, line 35, by striking the figure 5 "558A.4" and inserting the following: "558A.4A". 6 27. Page 37, line 16, by striking the figure 7 "614.29" and inserting the following: "614.28A". 8 28. Page 40, by inserting after line 15, the 9 following: 10 "Sec. ___. COUNTY APPEAL PROCESS. If the 11 department of natural resources has not made a 12 determination regarding the approval or denial of a 13 permit for the construction of a confinement feeding 14 operation or related animal feeding operation 15 structure on the effective date of this Act, the 16 department's decision to approve or disapprove the 17 permit application may be contested by the county 18 board of supervisors in the county where the 19 confinement feeding operation or related animal 20 feeding operation structure subject to the permit is 21 proposed to be located, as provided in section 22 455B.200A as enacted in this Act." Moreland of Wapello offered the following amendment H-8366, to amendment H-8354, filed by him from the floor and moved its adoption: H-8366 1 Amend the amendment, H-8354, to House File 2494, as 2 follows: 3 1. Page 2, by striking lines 13 through 16, and 4 inserting the following: 5 " . Page 21, by striking lines 11 through 14, 6 and inserting the following: "permit. All of the 7 following shall apply: 8 a. A completed application for which the 9 department has not taken final agency action by 10 approval or disapproval within the sixty-day period 11 shall be approved by default. The sixty-day 12 requirement shall not apply to an application if the 13 applicant is not required to obtain a permit in order 14 to construct an animal feeding operation structure or 15 to operate an animal feeding operation. 16 b. Judicial review of a final agency action for 17 the approval or disapproval of a permit shall be de 18 novo, regardless of whether an approval was 19 affirmatively made by the department or by default, 20 including judicial review of a contested case in which 21 the county board of supervisors is a party as provided 22 in this section."" Amendment H-8366 was adopted. Meyer of Sac offered the following amendment H-8368, to amendment H-8354, filed by him from the floor and moved its adoption: H-8368 1 Amend the amendment, H-8354, to House File 2494 as 2 follows: 3 1. Page 2, by inserting after line 26 the 4 following: 5 " . By striking page 29, line 34 through page 6 30, line 12, and inserting the following: 7 "3. a. A person required to be certified as a 8 commercial manure applicator must be certified by the 9 department each year. The person shall be certified 10 after completing an educational program which shall 11 consist of an examination required to be passed by the 12 person or three hours of continuing instructional 13 courses which the person must attend each year in lieu 14 of passing the examination. 15 b. A person required to be certified as a 16 confinement site manure applicator must be certified 17 by the department each three years. The person shall 18 be certified after completing an educational program 19 which shall consist of an examination required to be 20 passed by the person or two hours of continuing 21 instructional courses which the person must attend 22 each year in lieu of passing the examination."" 23 2. Page 2, by inserting after line 50 the 24 following: 25 "The department may charge a fee for certifying 26 persons under this section. The fee for certification 27 shall be based on the costs of administering and 28 enforcing this section and paying the expenses of the 29 department relating to certification. The department 30 shall be reimbursed for all costs incurred. The 31 director shall set a fee for the examination which 32 shall be based upon the annual cost of administering 33 the examinations. All fees collected shall be 34 retained by the department for administration of the 35 certification program. However, a person required to 36 be certified as a commercial manure applicator shall 37 not be required to pay more than thirty dollars for 38 each certification, and a person required to be 39 certified as a confinement site manure applicator 40 shall not be required to pay more than fifteen dollars 41 for each certification."" 42 3. By renumbering as necessary. Amendment H-8368 was adopted. Koenigs of Mitchell requested division of amendment H-8354 as follows: Division A _ All of page 1; page 2, lines 1 through 12; and lines 17 through 37; all of page 3. Division B _ Page 2, lines 13 through 16. Division C _ Page 2, lines 38 through 50. Koenigs of Mitchell moved the adoption of amendment H-8354A, as amended. Amendment H-8354A, as amended, was adopted. Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-8223 filed by him on March 4, 1998. Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-8325 filed by him on March 11, 1998. Carroll of Poweshiek offered the following amendment H-8341 filed by him and moved its adoption: H-8341 1 Amend House File 2494 as follows: 2 1. Page 16, by inserting before line 17 the 3 following: 4 "__. The animal feeding operation was constructed 5 prior to the effective date of this Act and is 6 expanded by replacing one or more unformed manure 7 storage structures with one or more formed manure 8 storage structures, if all of the following apply: 9 a. The animal weight capacity is not increased for 10 that portion of the animal feeding operation that 11 utilizes all replacement formed manure storage 12 structures. 13 b. Use of each replaced unformed manure storage 14 structure is discontinued within one year after the 15 construction of the replacement formed manure storage 16 structure. 17 c. The capacity of all replacement formed manure 18 storage structures does not exceed the amount required 19 to store manure produced by that portion of the animal 20 feeding operation utilizing the formed manure storage 21 structures during any fourteen-month period. 22 d. No portion of the replacement formed manure 23 storage structure is closer to an object or location 24 for which separation is required under section 25 455B.162 than any other animal feeding operation 26 structure which is part of the operation." 27 2. By renumbering as necessary. Amendment H-8341 was adopted. Mundie of Webster offered amendment H-8259 filed by him as follows: H-8259 1 Amend House File 2494 as follows: 2 1. Page 16, line 27, by striking the word and 3 figure "subsection 5," and inserting the following: 4 "subsections 2 and 5,". 5 2. Page 16, line 27, by striking the word "is" 6 and inserting the following: "are". 7 3. Page 16, by inserting after line 28 the 8 following: 9 "2. A confinement feeding operation structure, 10other than an earthen manure storage basin,if the 11 structure is part of a confinement feeding operation 12 which qualifies as a small animal feeding operation. 13 However, this subsection shall not apply if the 14 confinement feeding operation structure is an earthen 15 manure storage basin or a formed manure storage 16 structure." Rants of Woodbury in the chair at 4:32 p.m. Teig of Hamilton offered the following amendment H-8369, to amendment H-8259, filed by him from the floor and moved its adoption: H-8369 1 Amend the amendment, H-8259, to House File 2494 as 2 follows: 3 1. Page 1, by striking lines 14 through 16 and 4 inserting the following: "confinement feeding 5 operation structure is an unformed manure storage 6 structure."" A non-record roll call was requested. The ayes were 50, nays 36. Amendment H-8369 was adopted. Mundie of Webster moved the adoption of amendment H-8259, as amended. Amendment H-8259, as amended, was adopted. Mundie of Webster offered the following amendment H-8343 filed by him and moved its adoption: H-8343 1 Amend House File 2494 as follows: 2 1. Page 18, by striking line 25 and inserting the 3 following: "a system used for the application of 4 manure to land by use of equipment which may be either 5 of the following: 6 a. A tank containing more than one thousand 7 gallons of liquid manure which is mounted to a 8 vehicle, or a wagon pulled by a vehicle, including an 9 implement of husbandry as defined in section 321.1, 10 which is designed to mechanically apply the manure to 11 land. 12 b. Mechanical equipment used for the aerial 13 application of". Amendment H-8343 was adopted. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2353, a bill for an act relating to an allocation of state aid for purposes of school-based youth services programs. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2368, a bill for an act relating to the management of public rights-of-way by local government units, eliminating the power of cities to grant franchises to erect, maintain, and operate plants and systems for telecommunications services within the city, and providing an effective date. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2405, a bill for an act providing for the joint construction or acquisition, furnishing, operation, and maintenance of public buildings by a county, city, and school district. MARY PAT GUNDERSON, Secretary Koenigs of Mitchell offered the following amendment H-8220 filed by him and moved its adoption: H-8220 1 Amend House File 2494 as follows: 2 1. Page 19, line 33, by inserting after the word 3 "The" the following: "department shall at a minimum 4 require that a person obtain a permit for the 5 construction of an animal feeding operation structure 6 which is part of a confinement feeding operation if 7 the animal weight capacity of the confinement feeding 8 operation is four hundred thousand pounds or more. 9 However, the". Gipp of Winneshiek in the chair at 5:08 p.m. Roll call was requested by Koenigs of Mitchell and Siegrist of Pottawattamie. On the question "Shall amendment H-8220 be adopted?" (H.F. 2494) The ayes were, 40: Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Moreland Mundie Murphy Myers 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 Corbett, Spkr. Cormack Dinkla Dolecheck Drake Eddie Falck Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage O'Brien Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Gipp, Presiding Absent or not voting, 3: Dix Grundberg Nelson Amendment H-8220 lost. Mundie of Webster asked and received unanimous consent to withdraw amendment H-8263 filed by him on March 5, 1998. Witt of Black Hawk offered the following amendment H-8352 filed by him and moved its adoption: H-8352 1 Amend House File 2494 as follows: 2 1. Page 21, by inserting after line 2 the 3 following: 4 "__. The department shall approve or disapprove a 5 permit for the construction of a confinement feeding 6 operation or an associated animal feeding operation 7 structure, based on rules adopted by the department 8 which include consideration of the risk-based siting 9 analysis established pursuant to section 455B.200C." 10 2. Page 21, by inserting after line 23 the 11 following: 12 "__. A county which has adopted an ordinance 13 establishing a confinement feeding operation siting 14 review board as provided in section 455B.200D shall 15 forward the application to the review board for 16 further consideration. The process for determining 17 siting shall proceed as provided in section 455B.200D. 18 The county board of supervisors may submit the report 19 of the confinement feeding operation siting review 20 board to the department." 21 3. Page 22, lines 6 and 7, by striking the word 22 "comments submitted" and inserting the following: 23 "submissions delivered". 24 4. Page 22, line 11, by striking the word 25 "comments" and inserting the following: 26 "submissions". 27 5. Page 24, by inserting before line 5 the 28 following: 29 "Sec. __. NEW SECTION. 455B.200C SITING BASED ON 30 RISK-BASED ANALYSIS. 31 1. The department shall adopt rules establishing a 32 risk-based siting analysis according to 33 recommendations made to the department by a technical 34 advisory committee established pursuant to this 35 section. The technical advisory committee shall 36 compile data and develop, review, and update the 37 siting analysis used to determine appropriate 38 locations to construct an animal feeding operation 39 structure associated with a confinement feeding 40 operation, including its orientation to other objects 41 or locations for which separation distances are 42 required pursuant to section 455B.162. The siting 43 analysis shall provide a calculation of risks to the 44 natural environment and the public health, comfort, 45 and safety. The analysis shall be created as a 46 computer model which shall account for topography, 47 surface water drainage characteristics, seasonal air 48 flow, suitability of the soils and the hydrology of 49 the site, the population density of the area, the 50 character of residential development in the area, and Page 2 1 factors related to land use planning. The analysis 2 shall be designed to allow the department or a county 3 confinement feeding operation siting review board to 4 determine the appropriateness of the siting based on 5 degrees of risk to the natural environment or the use 6 of property by neighbors to the confinement feeding 7 operation, including the degree to which the 8 establishment of a conservation practice as provided 9 in section 455B.207 may mitigate the risk. The 10 analysis shall be used to determine whether there is a 11 high, medium, or de minimus risk. 12 2. The technical advisory committee shall be 13 composed of all of the following: 14 a. The presidents of the university of Iowa, Iowa 15 state university, and the university of northern Iowa, 16 or their designees. 17 b. The director of the Iowa department of public 18 health or a designee. 19 c. The director of the soil conservation division 20 of the department of agriculture and land stewardship, 21 or a designee. 22 d. The director of the center for agricultural 23 health and safety, or a designee. 24 e. The administrator of the energy and geological 25 resources division of the department of natural 26 resources or a designee who is responsible for the 27 administration of the geological survey. 28 f. The head of the waste reduction center at the 29 university of northern Iowa, or a designee. 30 g. The president of the Iowa groundwater 31 association or the president's designee who is a 32 ground water professional pursuant to section 455G.18. 33 h. The chairperson of the Iowa environmental 34 council, or the chairperson's designee. 35 i. An engineer employed by a city or county who is 36 appointed jointly by the Iowa league of cities and 37 Iowa state association of counties. 38 3. The members of the technical advisory committee 39 shall be reimbursed for their actual expenses in 40 accordance with section 7E.6, subsection 2, for 41 performing the official duties of the advisory 42 committee. 43 Sec. __. NEW SECTION. 455B.200D COUNTY 44 CONFINEMENT FEEDING OPERATION SITING REVIEW BOARD. 45 1. Notwithstanding section 331.304A, a county may 46 adopt an ordinance to establish a confinement feeding 47 operation siting review board. The purpose of the 48 board shall be to review the appropriateness of siting 49 an animal feeding operation structure associated with 50 a confinement feeding operation at a proposed site in Page 3 1 the county, prior to the approval of a permit by the 2 department for the construction of the structure, as 3 provided in section 455B.200A. 4 2. The board shall be composed of all of the 5 following: 6 a. A commissioner of the soil and water 7 conservation district in the county who shall be 8 appointed by the commissioners. If more than one 9 district is located in the county, the board of 10 supervisors for the county shall designate the 11 district to be represented on a rotating basis. 12 b. Two members of the board of supervisors of the 13 county who shall be appointed by the county board of 14 supervisors. 15 c. The county engineer for the county, or a 16 designee. 17 d. The head of the local board of health for the 18 county or a designee, which may be the county 19 sanitarian. 20 3. In performing the siting analysis, the board 21 shall determine whether the siting of the animal 22 feeding operation presents a high, medium, or de 23 minimus risk to the natural environment or the use of 24 property by neighbors to the confinement feeding 25 operation. 26 a. If the board determines that there is a high 27 risk, the board shall reject the proposed siting which 28 determination shall not be reversed by the department, 29 unless the department finds that the determination is 30 unreasonable, arbitrary, capricious, or otherwise 31 beyond the authority delegated to the board under this 32 section. 33 b. If the board determines that there is a medium 34 risk, the board shall reject the proposed siting which 35 determination may be reversed by the department, if 36 the department applies the siting analysis and 37 determines that there is a de minimus risk. The board 38 is not required to report its determination to the 39 county board of supervisors if the board agrees to 40 review an amended siting proposal submitted by the 41 applicant. The board and the applicant must execute 42 an agreement to suspend the time limits for delivering 43 submissions by the county to the department and for 44 departmental approval or disapproval of a construction 45 permit as required by section 455B.200A. The county 46 shall deliver the agreement to the department 47 according to procedures required by the department. 48 The time limits as provided in section 455B.200A shall 49 be suspended according to the terms and conditions 50 provided in the agreement. The review board may Page 4 1 consider amendments which provide a different site, 2 the change in the orientation or size of the animal 3 feeding operation structure, or the installation of 4 conservation practices as provided in section 5 455B.207. The board shall not approve an amended 6 proposal unless the board determines that there is a 7 de minimus risk. 8 c. If the board determines that there is a de 9 minimus risk, the board shall approve the proposed 10 siting, which determination may be reversed by the 11 department, if the department finds that the 12 determination is unreasonable, arbitrary, capricious, 13 or otherwise beyond the authority delegated to the 14 board under this section." 15 6. Page 35, by inserting after line 29 the 16 following: 17 "Sec. __. NEW SECTION. 455B.207 CONSERVATION 18 PRACTICES PROGRAM _ COST-SHARE MONEYS. 19 1. The division of soil conservation of the 20 department of agriculture and land stewardship shall 21 establish and administer a program to provide 22 financial incentives to support conservation practices 23 on land where confinement feeding operations are 24 located. A landowner who chooses to participate in 25 the program must establish the conservation practice 26 according to an agreement in which the landowner 27 promises to establish and maintain the conservation 28 practice in return for financial incentives. 29 2. A conservation practice includes any practice 30 which is designed to protect environmental quality 31 from activities associated with a confinement feeding 32 operation, including all of the following: 33 a. Water quality practices designed to protect 34 water sources, including but not limited to the stream 35 buffer strip establishment, erosion control structure 36 construction, the establishment of permanent grass and 37 buffer zones, filter strips, and erosion control 38 structures, and practices to mitigate the effects of 39 concentrated contamination on surface and subsurface 40 water quality from manure originating from confinement 41 feeding operations. 42 b. Air quality practices, including but not 43 limited to the establishment of stands of fast growing 44 trees or wind barriers around confinement feeding 45 operations and agricultural land where manure is 46 stored or applied. 47 3. The financial incentives shall be allocated by 48 the division on a cost-share basis which does not 49 exceed fifty percent of the estimated cost of 50 establishing the practices, or fifty percent of the Page 5 1 actual cost, whichever is less. 2 4. The division shall adopt rules necessary to 3 administer this section." 4 7. Page 41, by inserting before line 14, the 5 following: 6 "Sec. ___. STUDY. The university of Iowa, Iowa 7 state university, and the university of northern Iowa, 8 under the direction of the state board of regents, 9 shall cooperate in performing a study of the social 10 and economic impacts associated with the expansion of 11 confinement feeding operations in this state. The 12 universities shall prepare and submit a report to the 13 general assembly not later than January 1, 2000." 14 8. By renumbering as necessary. Amendment H-8352 lost. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2112, a bill for an act concerning the sunset provision relating to the employment security administrative contribution surcharge and providing an effective date. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2269, a bill for an act providing for the conversion of the existing advisory boards for athletic training and massage therapy into full regulatory examining boards. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2281, a bill for an act relating to compensation for the legal defense of indigent persons in criminal, appellate, and certain civil cases. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2356, a bill for an act relating to revolving funds to be administered by the department of general services and providing for funding for the revolving funds. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2369, a bill for an act adding an offense for operating while intoxicated for persons driving a motor vehicle after taking certain controlled substances, making penalties applicable, and making related changes. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2399, a bill for an act providing for the merger of a limited partnership with other business entities. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2404, a bill for an act relating to cooperatives organized under Code chapter 501. MARY PAT GUNDERSON, Secretary Teig of Hamilton moved the adoption of amendment H-8354B, as amended. Speaker Corbett in the chair at 5:45 p.m. Rants of Woodbury in the chair at 6:19 p.m. Roll call was requested by Schrader of Marion and Koenigs of Mitchell. On the question "Shall amendment H-8354B, as amended, be adopted?" (H.F. 2494) The ayes were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. 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 Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding The nays 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 Absent or not voting, none. Amendment H-8354B, as amended, was adopted. Koenigs of Mitchell offered the following amendment H-8237 filed by him and moved its adoption: H-8237 1 Amend House File 2494 as follows: 2 1. Page 21, by inserting after line 23 the 3 following: 4 "___. The county board of supervisors shall notify 5 the department that it approves or disapproves the 6 application within twenty days from that date that the 7 application was delivered to the board according to 8 procedures adopted by the department. The board's 9 consideration of the application shall be limited to 10 the appropriateness of the site of the proposed 11 confinement feeding operation. The county shall 12 consider the location where the construction is 13 proposed, including the suitability of the soils and 14 the hydrology of the site, the population density of 15 the area, the character of residential development in 16 the area, and factors related to land use planning. 17 The department shall not reverse a decision by the 18 board to approve or disapprove an application based on 19 the appropriateness of the site as provided in this 20 paragraph." 21 2. By striking page 22, line 17, through page 23, 22 line 7. 23 3. By renumbering as necessary. Amendment H-8237 lost. Koenigs of Mitchell offered amendment H-8246 filed by him as follows: H-8246 1 Amend House File 2494 as follows: 2 1. Page 24, by inserting before line 5, the 3 following: 4 "Sec. ___. NEW SECTION. 455B.200C CLASSIFICATION 5 OF CHRONIC VIOLATORS. 6 1. A person shall be classified as a chronic 7 violator if the person has committed three or more 8 violations as described in this section prior to, on, 9 or after July 1, 1996. In addition, in relation to 10 each violation, the person must have been subject to 11 either of the following: 12 a. The assessment of a civil penalty by the 13 department or the commission in an amount equal to 14 three thousand dollars or more. 15 b. A court order or judgment for a legal action 16 brought by the attorney general after referral by the 17 department or commission. 18 2. Each violation must have occurred within five 19 years prior to the date of the latest violation, 20 counting any violation committed by a confinement 21 feeding operation in which the person holds a 22 controlling interest. A violation occurs on the date 23 the department issues an administrative order to the 24 person assessing a civil penalty of three thousand 25 dollars or more, or on the date the department 26 notifies a person in writing that the department will 27 recommend that the commission refer, or the commission 28 refers the case to the attorney general for legal 29 action, or the date of entry of the court order or 30 judgment, whichever occurs first. A violation under 31 this section shall not be counted if the civil penalty 32 ultimately imposed is less than three thousand 33 dollars, the department or commission does not refer 34 the action to the attorney general, the attorney 35 general does not take legal action, or a court order 36 or judgment is not entered against the person. A 37 person shall be removed from the classification of 38 chronic violator on the date on which the person and 39 all confinement feeding operations in which the person 40 holds a controlling interest have committed less than 41 three violations described in this section for the 42 prior five years. 43 3. For purposes of counting violations, a 44 continuing and uninterrupted violation shall be 45 considered as one violation. Different types of 46 violations shall be counted as separate violations 47 regardless of whether the violations were committed 48 during the same period. The violation must be a 49 violation of a state statute, or a rule adopted by the 50 department, which applies to a confinement feeding Page 2 1 operation and any related animal feeding operation 2 structure, including an anaerobic lagoon, earthen 3 manure storage basin, formed manure storage structure, 4 or egg washwater storage structure, or any related 5 pollution control device or practice. The structure, 6 device, or practice must be part of the confinement 7 feeding operation. The violation must be one of the 8 following: 9 a. Constructing or operating a related animal 10 feeding operation structure or installing or using a 11 related pollution control device or practice, for 12 which the person must obtain a permit, in violation of 13 statute or rules adopted by the department, including 14 the terms or conditions of the permit. 15 b. Intentionally making a false statement or 16 misrepresenting information to the department as part 17 of an application for a construction permit for the 18 related animal feeding operation structure, or the 19 installation of the related pollution control device 20 or practice, for which the person must obtain a 21 construction permit from the department. 22 c. Failing to obtain a permit or approval by the 23 department for a permit to construct or operate a 24 confinement feeding operation or use a related animal 25 feeding operation structure or pollution control 26 device or practice, for which the person must obtain a 27 permit from the department. 28 d. Operating a confinement feeding operation, 29 including a related animal feeding operation structure 30 or pollution control device or practice, which causes 31 pollution to the waters of the state, if the pollution 32 was caused intentionally, or caused by a failure to 33 take measures required to abate the pollution which 34 resulted from an act of God. 35 e. Failing to submit a manure management plan as 36 required, or operating a confinement feeding operation 37 required to have a manure management plan without 38 having submitted the manure management plan." 39 2. Page 24, line 14, by striking the figure 40 "657.11" and inserting the following: "455B.200C". 41 3. Page 37, by inserting after line 24, the 42 following: 43 "Sec. __. Section 657.11, Code 1997, is repealed." 44 4. By renumbering as necessary. Eddie of Buena Vista rose on a point of order that amendment H-8246 was not germane. The Speaker ruled the point well taken and amendment H-8246 not germane. Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-8260 filed by him on March 5, 1998. Mundie of Webster offered the following amendment H-8349 filed by him and moved its adoption: H-8349 1 Amend House File 2494 as follows: 2 1. Page 24, by inserting before line 5, the 3 following: 4 "Sec. ___. NEW SECTION. 455B.200C COUNTY 5 NOTIFICATION. 6 1. A person who constructs an animal feeding 7 operation structure which is part of a confinement 8 feeding operation, other than a small animal feeding 9 operation, shall notify the county board of 10 supervisors of the construction, if all of the 11 following apply: 12 a. The confinement feeding operation has two or 13 more buildings used to confine animals. 14 b. The confinement feeding operation utilizes a 15 formed manure storage structure which is not required 16 to be constructed pursuant to a permit under section 17 455B.200A. 18 2. The county may notify persons of the 19 construction and provide a forum for public comment, 20 including a public hearing." Speaker Corbett in the chair at 6:32 p.m. Roll call was requested by Mundie of Webster and Myers of Johnson. On the question "Shall amendment H-8349 be adopted?" (H.F. 2494) The ayes were, 48: Arnold 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, 51: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll 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, 1: Churchill Amendment H-8349 lost. Scherrman of Dubuque offered the following amendment H-8249 filed by him and moved its adoption: H-8249 1 Amend House File 2494 as follows: 2 1. Page 28, line 9, by inserting after the figure 3 "455B.200A." the following: "A person required to 4 submit a manure management plan must submit any 5 changes to the manure management plan to the 6 department as required by the department. The 7 department shall send or require the person to send a 8 copy of the changes to the county board of supervisors 9 in the county in this state where the confinement 10 feeding operation is located." Amendment H-8249 lost. Frevert of Palo Alto offered the following amendment H-8355 filed by her and moved its adoption: H-8355 1 Amend House File 2494 as follows: 2 1. Page 28, by inserting after line 14 the 3 following: 4 "Sec. ___. Section 455B.203, subsection 2, 5 paragraph a, Code 1997, is amended to read as follows: 6 a. Calculations necessary to determine the land 7 area required for the application of manure from a 8 confinement feeding operation. The calculations shall 9 be based on nitrogen use levels in order to obtain 10 optimum crop yields according to a crop schedule 11 specified in the plan, and. The calculations shall 12 also be based on phosphorus and potassium levels. The 13 calculations shall be made according to requirements 14 adopted by the department after receiving 15 recommendations fromthe animal agriculture consulting16organization provided for in 1995 Iowa Acts, chapter17195, section 37Iowa state university." 18 2. By renumbering as necessary. Amendment H-8355 lost. Teig of Hamilton moved the adoption of amendment H-8354C, as amended. A non-record roll call was requested. The ayes were 47, nays 37. Amendment H-8354C, as amended, was adopted. Mundie of Webster offered the following amendment H-8267 filed by him and moved its adoption: H-8267 1 Amend House File 2494 as follows: 2 1. Page 35, by inserting after line 5 the 3 following: 4 "___. A county may conduct samples of subsurface 5 water within a one-half-mile radius of an animal 6 feeding operation prior to its construction, according 7 to procedures adopted by the county. The county shall 8 as it determines feasible keep a record of the results 9 on file with the county." Amendment H-8267 was adopted. Mundie of Webster offered the following amendment H-8247 filed by him and moved its adoption: H-8247 1 Amend House File 2494 as follows: 2 1. Page 35, by inserting after line 24 the 3 following: 4 "4. The department shall conduct random 5 inspections of animal feeding operations, including 6 animal feeding operation structures, unformed manure 7 storage structures, and formed manure storage 8 structures, as defined in section 455B.161, and manure 9 management practices employed by the operation as 10 provided in sections 455B.202 and 455B.203B, to ensure 11 that such operations comply with all applicable 12 requirements of this chapter and rules adopted by the 13 department pursuant to this chapter. However, in 14 order to access the operation, the departmental 15 inspector must comply with standard disease control 16 restrictions customarily required by the operation. 17 The department shall complete a written report for 18 each inspection which shall be available as a public 19 record as provided in chapter 22." Roll call was requested by Schrader of Marion and Mundie of Webster. On the question "Shall amendment H-8247 be adopted?" (H.F. 2494) The ayes were, 48: 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 Lord 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, 50: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Martin Metcalf Meyer 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: Grundberg Millage Amendment H-8247 lost. Scherrman of Dubuque asked and received unanimous consent to withdraw amendment H-8250 filed by him on March 5, 1998. Scherrman of Dubuque offered the following amendment H-8342 filed by him and moved its adoption: H-8342 1 Amend House File 2494 as follows: 2 1. Page 35, by inserting after line 24 the 3 following: 4 "Sec. ___. NEW SECTION. 455B.205A ENVIRONMENTAL 5 HEALTH SPECIALISTS. 6 1. A local board of health serving a county or 7 district as provided in chapter 137 may contract with 8 the department in order to carry out this section. 9 The department shall enter into a contract with the 10 local board of health, if the agreement for the 11 services is cost-effective and the quality of the 12 services provided ensures compliance with requirements 13 of this chapter, including rules adopted by the 14 department. If the local board of health acts in a 15 manner that is inconsistent with the provisions of 16 this chapter or the contract, the department may 17 revoke the contract. 18 2. A local board of health which is a party to a 19 contract with the department shall designate 20 environmental health specialists who shall monitor 21 confinement feeding operations and the application of 22 manure on land within the board's jurisdiction, 23 according to procedures consistent with departmental 24 requirements. In conducting monitoring operations, 25 the environmental health specialists shall do all of 26 the following: 27 a. Ensure compliance with manure management plans 28 as provided in section 455B.203. 29 b. Inspect unformed manure storage structures. An 30 inspection shall include a visual determination 31 regarding a structure's freeboard level, seepage of 32 manure from the structure, erosion, adequate 33 vegetation cover, and the presence of an opening 34 allowing manure to drain from the structure. 35 c. Test drinking water wells which may be 36 contaminated by animal feeding operation structures. 37 3. An environmental health specialist shall be 38 deemed to be an agent of the department for the 39 purpose of carrying out duties under a contract, 40 including the inspection of premises. An 41 environmental health specialist shall have the same 42 authority under this chapter provided to the 43 department, unless the contract specifies otherwise. 44 In order to conduct monitoring, the environmental 45 health specialist must comply with standard 46 biosecurity requirements customarily required by the 47 confinement feeding operation." 48 2. By renumbering as necessary. Rants of Woodbury in the chair at 8:30 p.m. A non-record roll call was requested. The ayes were 39, nays 47. Amendment H-8342 lost. Scherrman of Dubuque offered the following amendment H-8248 filed by him and moved its adoption: H-8248 1 Amend House File 2494 as follows: 2 1. Page 35, line 27, by striking the word 3 "earthen" and inserting the following: "unformed". 4 2. Page 35, line 28, by striking the word "basin" 5 and inserting the following: "structure". Roll call was requested by Meyer of Sac and Brunkhorst of Bremer. On the question "Shall amendment H-8248 be adopted?" (H.F. 2494) The ayes were, 39: Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Witt The nays were, 59: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Falck Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Nelson O'Brien Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Rants, Presiding Absent or not voting, 2: Cataldo Millage Amendment H-8248 lost. Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-8350 filed by him on March 11, 1998, placing amendment H-8370 filed by Koenigs of Mitchell from the floor out of order. Mertz of Kossuth offered the following amendment H-8224 filed by her and moved its adoption: H-8224 1 Amend House File 2494 as follows: 2 1. Page 35, by inserting after line 29 the 3 following: 4 "Sec. ___. NEW SECTION. 455B.207 CONFINEMENT 5 FEEDING OPERATIONS - COUNTY POWERS AND DUTIES. 6 The board of supervisors in the county where a 7 confinement feeding operation is located may enforce 8 sections 455B.201 through 455B.206, including rules 9 adopted pursuant to those sections. The board must 10 deliver a notice by certified mail to the department, 11 stating that an operation may be in violation of the 12 sections or departmental rules. The board shall 13 deliver the notice only after approval of the action 14 by resolution. The notice shall be in writing and 15 shall state the location of the operation, the name 16 and address of the owner, and an explanation of the 17 possible violation. The board may inform the 18 department that the board reserves its right to 19 enforce the sections or rules as provided in this 20 section, if the department fails to initiate an 21 investigation or enforcement action or continue an 22 enforcement action which results in an administrative 23 hearing or a settlement of the case. The county may 24 begin enforcement proceedings after thirty days 25 following delivery of the notice, unless the 26 department commences and maintains active enforcement 27 of the sections or its rules. The county shall not 28 initiate or continue an enforcement action if the 29 county receives notice and results of the 30 investigation by the department that the department 31 has conducted an investigation and has determined that 32 the operation is not in violation of the sections or 33 departmental rules. Once the county begins an 34 enforcement action, it shall be the party in interest 35 in the case and have sole authority and responsibility 36 to proceed with the action. The county may refer any 37 case to the attorney general. The department of 38 natural resources may assume the enforcement action 39 from the county. However, if the department assumes 40 the enforcement action, the department shall be 41 required to resolve the action. The county shall 42 bring the enforcement action according to the same 43 procedures used for a county infraction as provided in 44 section 331.307. However, the civil penalty may be 45 for any amount that could be assessed by the 46 department." 47 2. By renumbering as necessary. Amendment H-8224 lost. Heaton of Henry offered the following amendment H-8262 filed by him and moved its adoption: H-8262 1 Amend House File 2494 as follows: 2 1. Page 36, line 1, by striking the word "estate" 3 and inserting the following: "property". 4 2. Page 36, by striking line 2 and inserting the 5 following: "if the acknowledgement is required to be 6 signed pursuant to section 558A.4A. The failure to". 7 3. Page 36, by striking lines 27 through 29 and 8 inserting the following: 9 "A person conveyed real property located within a 10 separation distance required between an animal feeding 11 operation and a residence pursuant to section 455B.162 12 must sign an". 13 4. Page 36, line 30, by inserting after the word 14 "acknowledgment." the following: "An acknowledgment 15 is not required for any type of conveyance to the same 16 extent that a disclosure is not required for a 17 transfer pursuant to section 558A.1, subsection 4, 18 paragraphs "a" through "h"." 19 5. Page 37, line 4, by inserting after the word 20 "AREAS." the following: "UNDER IOWA CODE SECTION 21 455B.165, AN ANIMAL FEEDING OPERATION MAY EXPAND 22 CLOSER TO A RESIDENCE IF THE ANIMAL FEEDING OPERATION 23 WAS ESTABLISHED BEFORE THE RESIDENCE WAS CONSTRUCTED. 24 THE ANIMAL FEEDING OPERATION MAY HAVE A LEGAL DEFENSE 25 FROM LAWSUITS INVOLVING ACTIVITIES CUSTOMARILY 26 ASSOCIATED WITH THE CARE AND FEEDING OF LIVESTOCK." 27 6. Page 37, by striking lines 13 and 14 and 28 inserting the following: 29 "2. A person conveyed real property may bring a 30 cause of action to invalidate the conveyance based on 31 a failure to file a signed acknowledgment with". 32 7. Page 37, line 19, by striking the words 33 "transfer of" and inserting the following: 34 "conveyance of real". Amendment H-8262 was adopted. Wise of Lee offered the following amendment H-8177 filed by Wise, et al.: H-8177 1 Amend House File 2494 as follows: 2 1. Page 37, by inserting after line 24 the 3 following: 4 "Sec. ___. Section 657.11, subsections 2, 3, 5, 6, 5 7, and 8, Code 1997, are amended to read as follows: 6 2.If a person has received all permits required7pursuant to chapter 455B for an animal feeding8operation, as defined in section 455B.161, there shall9be a rebuttable presumption that anAn animal feeding 10 operationis, as defined in section 455B.161, shall 11 not be found to be a public or private nuisance under 12 this chapter or under principles of common law, and 13thatthe animal feeding operationdoesshall not be 14 found to unreasonably andcontinuouslyfor substantial 15 periods of time interfere with another person's 16 comfortable use and enjoyment of the person's life or 17 property under any other cause of action.The18rebuttable presumption also applies to persons who are19not required to obtain a permit pursuant to chapter20455B for an animal feeding operation as defined in21section 455B.161. The rebuttable presumptionHowever, 22 this section shall not apply if the person bringing 23 the action proves that an injury toathe person or 24 damage to the person's property is proximately caused 25 byaeither of the following: 26 a. The failure to comply with a federal statute or 27 regulation or a state statute or rule which applies to 28 the animal feeding operation. 29 b.3. The rebuttable presumption may be overcome30by clear and convincing evidence of bothBoth of the 31 following: 32a.(1) The animal feeding operation unreasonably 33 andcontinuouslyfor substantial periods of time 34 interferes withanotherthe person's comfortable use 35 and enjoyment of the person's life or property. 36b.(2) Theinjury or damage is proximatelycaused37by the negligent operation of theanimal feeding 38 operation failed to use existing prudent generally 39 accepted management practices reasonable for the 40 operation. 41 5.The rebuttable presumption created by thisThis 42 section shall apply regardless of the established date 43 of operation or expansion of the animal feeding 44 operation.The rebuttable presumptionA defense 45 against a cause of action provided in this section 46 includes, but is not limited to, a defense for actions 47 arising out of the care and feeding of animals; the 48 handling or transportation of animals; the treatment 49 or disposal of manure resulting from animals; the 50 transportation and application of animal manure; and Page 2 1 the creation of noise, odor, dust, or fumes arising 2 from an animal feeding operation. 3 6.An animal feeding operation that complies with4the requirements in chapter 455B for animal feeding5operations shall be deemed to meet any common law6requirements regarding the standard of a normal person7living in the locality of the operation.87. AIf a court determines that a claim is 9 frivolous, a person who brings the claim as part of a 10 losing cause of action against a personfor whom the11rebuttable presumption createdwho may raise a defense 12 under this sectionis not rebutted,shall be liable to 13 the person against whom the action was brought for all 14 costs and expenses incurred in the defense of the 15 action, if the court determines that a claim is16frivolous. 17 8.The rebuttable presumption created in thisThis 18 section does not apply to an injury to a person or 19 damages to property caused by the animal feeding 20 operation before May 31, 1995. 21 Sec. ___. Section 657.11, subsection 4, unnumbered 22 paragraph 1, Code 1997, is amended to read as follows: 23 4.The rebuttable presumptionThis section does 24 not apply to a person against whom a cause of action 25 is brought as provided in this section during any 26 period that the person is classified as a chronic 27 violator under this subsection as to any confinement 28 feeding operation in which the person holds a 29 controlling interest, as defined by rules adopted by 30 the department of natural resources.The rebuttable31presumptionThis section shall apply to the person on 32 and after the date that the person is removed from the 33 classification of chronic violator. For purposes of 34 this subsection, "confinement feeding operation" means 35an animal feeding operation in which animals are36confined to areas which are totally roofed, and which37are regulated by the department of natural resources38or the environmental protection commissionthe same as 39 defined in section 455B.161." 40 2. By renumbering as necessary. Wise of Lee asked and received unanimous consent to withdraw amendment H-8359, to amendment H-8177, filed by him from the floor. Eddie of Buena Vista rose on a point of order that amendment H-8177 was not germane. The Speaker ruled the point well taken and amendment H-8177 not germane. Weigel of Chickasaw offered the following amendment H-8231 filed by him and moved its adoption: H-8231 1 Amend House File 2494 as follows: 2 1. Page 37, by inserting after line 24 the 3 following: 4 "Sec. ___. Section 657.11, subsection 4, Code 5 1997, is amended by striking the subsection. 6 Sec. ___. NEW SECTION. 657.11A CHRONIC 7 VIOLATORS. 8 1. As used in this section, unless the context 9 otherwise requires: 10 a. "Commission" means the environmental protection 11 commission created in section 455A.6. 12 b. "Confinement feeding operation" means the same 13 as defined in section 455B.161. 14 c. "Department" means the department of natural 15 resources. 16 d. "Suspect site" means a confinement feeding 17 operation or land where a confinement feeding 18 operation could be constructed, if the site is subject 19 to a suspect transaction. 20 e. "Suspect transaction" means a transaction in 21 which a person classified as a chronic violator under 22 this section does any of the following: 23 (1) Transfers a controlling interest in a suspect 24 site to any of the following: 25 (a) An employee of the chronic violator or 26 business in which the person holds a controlling 27 interest. 28 (b) A person who holds an interest in a business, 29 including a confinement feeding operation, in which 30 the chronic violator holds a controlling interest. 31 (c) A person related to the chronic violator as 32 spouse, parent, grandparent, lineal ascendant of a 33 grandparent or spouse and any other lineal descendant 34 of the grandparent or spouse, or a person acting in a 35 fiduciary capacity for a related person. 36 (2) Provides financing for the construction or 37 operation of a confinement feeding operation to any 38 person, including by providing a contribution, loan to 39 the person, or providing collateral for a contribution 40 or loan made by a third person. 41 2. The rebuttable presumption provided in section 42 657.11 does not apply to a person during any period 43 that the person is classified as a chronic violator 44 under this section as to any confinement feeding 45 operation in which the person holds a controlling 46 interest, as defined by rules adopted by the 47 department of natural resources. The rebuttable 48 presumption shall apply to the person on and after the 49 date that the person is removed from the 50 classification of chronic violator. Page 2 1 3. A person shall be classified as a chronic 2 violator if the person has committed three or more 3 violations as described in this subsection prior to, 4 on, or after July 1, 1996. In addition, in relation 5 to each violation, the person must have been subject 6 to either of the following: 7 a. The assessment of a civil penalty by the 8 department or the commission in an amount equal to 9 three thousand dollars or more. 10 b. A court order or judgment for a legal action 11 brought by the attorney general after referral by the 12 department or commission. 13 4. Each violation must have occurred within five 14 years prior to the date of the latest violation, 15 counting any violation committed by a confinement 16 feeding operation in which the person holds a 17 controlling interest. A violation occurs on the date 18 the department issues an administrative order to the 19 person assessing a civil penalty of three thousand 20 dollars or more, or on the date the department 21 notifies a person in writing that the department will 22 recommend that the commission refer, or the commission 23 refers the case to the attorney general for legal 24 action, or the date of entry of the court order or 25 judgment, whichever occurs first. A violation under 26 this subsection shall not be counted if the civil 27 penalty ultimately imposed is less than three thousand 28 dollars, the department or commission does not refer 29 the action to the attorney general, the attorney 30 general does not take legal action, or a court order 31 or judgment is not entered against the person. A 32 person shall be removed from the classification of 33 chronic violator on the date on which the person and 34 all confinement feeding operations in which the person 35 holds a controlling interest have committed less than 36 three violations described in this subsection for the 37 prior five years. 38 5. For purposes of counting violations, a 39 continuing and uninterrupted violation shall be 40 considered as one violation. Different types of 41 violations shall be counted as separate violations 42 regardless of whether the violations were committed 43 during the same period. The violation must be a 44 violation of a state statute, or a rule adopted by the 45 department, which applies to a confinement feeding 46 operation and any related animal feeding operation 47 structure, including an anaerobic lagoon, earthen 48 manure storage basin, formed manure storage structure, 49 or egg washwater storage structure, or any related 50 pollution control device or practice. The structure, Page 3 1 device, or practice must be part of the confinement 2 feeding operation. The violation must be one of the 3 following: 4 a. Constructing or operating a related animal 5 feeding operation structure or installing or using a 6 related pollution control device or practice, for 7 which the person must obtain a permit, in violation of 8 statute or rules adopted by the department, including 9 the terms or conditions of the permit. 10 b. Intentionally making a false statement or 11 misrepresenting information to the department as part 12 of an application for a construction permit for the 13 related animal feeding operation structure, or the 14 installation of the related pollution control device 15 or practice, for which the person must obtain a 16 construction permit from the department. 17 c. Failing to obtain a permit or approval by the 18 department for a permit to construct or operate a 19 confinement feeding operation or use a related animal 20 feeding operation structure or pollution control 21 device or practice, for which the person must obtain a 22 permit from the department. 23 d. Operating a confinement feeding operation, 24 including a related animal feeding operation structure 25 or pollution control device or practice, which causes 26 pollution to the waters of the state, if the pollution 27 was caused intentionally, or caused by a failure to 28 take measures required to abate the pollution which 29 resulted from an act of God. 30 e. Failing to submit a manure management plan as 31 required, or operating a confinement feeding operation 32 required to have a manure management plan without 33 having submitted the manure management plan. 34 6. A suspect transaction shall be presumed to be 35 made in order to avoid a cause of action for nuisance 36 brought against the person classified as a chronic 37 violator. The person receiving control of the 38 operation pursuant to the suspect transaction shall be 39 deemed to be an agent of the chronic violator, unless 40 the chronic violator and the person receiving the 41 controlling interest in the confinement feeding 42 operation because of the suspect transaction, prove by 43 clear and convincing evidence all of the following: 44 a. That the suspect transaction was for a 45 legitimate business purpose made by parties exercising 46 independent and reasonable judgment. 47 b. That the chronic violator does not exercise a 48 controlling influence over the business affairs of the 49 confinement feeding operation. 50 7. If the person receiving control of a suspect Page 4 1 site is deemed to be an agent of a chronic violator, 2 the presumption that the confinement feeding operation 3 is not a public or private nuisance as provided in 4 section 657.11 shall not apply for as long as the 5 chronic violator, including the agent, or the 6 confinement feeding operation is classified as a 7 chronic violator." 8 2. By renumbering as necessary. Eddie of Buena Vista rose on a point of order that amendment H-8231 was not germane. The Speaker ruled the point well taken and amendment H-8231 not germane. Schrader of Marion asked for unanimous consent to suspend the rules to consider amendment H-8231. Objection was raised. Schrader of Marion moved to suspend the rules to consider amendment H-8231. Roll call was requested by Schrader of Marion and Carroll of Poweshiek. On the question "Shall the rules be suspended to consider amendment H-8231?" 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, 51: Arnold Barry Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. 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 Nelson Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 2: Blodgett Millage The motion to suspend the rules lost. Mundie of Webster asked and received unanimous consent to withdraw amendment H-8261 filed by him on March 5, 1998. Mundie of Webster offered the following amendment H-8265 filed by him and moved its adoption: H-8265 1 Amend House File 2494 as follows: 2 1. Page 40, line 16, by striking the word "The". 3 2. Page 40, line 17, by inserting before the word 4 "members" the following: 5 "1. The". 6 3. Page 40, by inserting after line 21, the 7 following: 8 "2. Representatives of the following organizations 9 shall also be appointed as part of the animal 10 agriculture consulting organization: the Iowa 11 environmental council, the Iowa association of county 12 conservation boards, prairie fire, the Iowa farmers 13 union, and the Iowa Izaak Walton league of America." Amendment H-8265 lost. Mundie of Webster asked and received unanimous consent to withdraw amendment H-8351 filed by him on March 11, 1998. Koenigs of Mitchell offered the following amendment H-8226 filed by him: H-8226 1 Amend House File 2494 as follows: 2 1. Page 1, by inserting after line 10 the 3 following: 4 "Sec. ___. Section 13.13, subsection 2, Code 1997, 5 is amended to read as follows: 6 2. The farm assistance program coordinator shall 7 contract with a nonprofit organization chartered in 8 this state to provide mediation services as provided 9 in chapters 654A, 654B, and 654C, and to conduct 10 neighbor meetings pursuant to section 455B.205A. The 11 contract may be terminated by the coordinator upon 12 written notice and for good cause. The organization 13 awarded the contract is designated as the farm 14 mediation service for the duration of the contract. 15 The organization may, upon approval by the 16 coordinator, provide mediation services other than as 17 provided by law. The farm mediation service is not a 18 state agency for the purposes of chapters 19A, 20, and 19 669. 20 Sec. ___. Section 13.15, Code 1997, is amended to 21 read as follows: 22 13.15 RULES AND FORMS _ FEES. 23 1. The farm mediation service shall recommend 24 rules to the farm assistance program coordinator. The 25 coordinator shall adopt rules pursuant to chapter 17A 26 to set the compensation of mediators and to implement 27 this subchapter and chapters 654A, 654B, and 654C, and 28 section 455B.205A. 29 2. The rules shall provide for an hourly mediation 30 fee not to exceed fifty dollars for the borrower and 31 one hundred dollars for the creditor. The hourly 32 mediation fee may be waived for any party 33 demonstrating financial hardship upon application to 34 the farm mediation service. 35 3. The compensation of a mediator shall be no more 36 than twenty-five dollars per hour, and all parties 37 shall contribute an equal amount of the cost. 38 However, if a meeting is held under section 455B.205A, 39 the animal feeding operation shall pay the mediator 40 the costs of the mediator in conducting the meeting. 41 4. The coordinator shall adopt voluntary mediation 42 application and mediation request forms. The 43 coordinator shall adopt forms necessary to administer 44 section 455B.205A. 45 Sec. ___. NEW SECTION. 13.17 GOOD NEIGHBOR 46 MEETINGS. 47 The farm assistance program coordinator, provided 48 in this subchapter, shall contract with the farm 49 mediation service to conduct meetings in order to 50 provide for a good neighbor policy relating to animal Page 2 1 feeding operations as provided in section 455B.205A. 2 The meeting shall not be considered mediation under 3 this subchapter or chapters 654A and 654B." 4 2. Page 20, by inserting after line 12 the 5 following: 6 "___. The application for a construction permit 7 shall include a section for a good neighbor policy as 8 required pursuant to section 455B.205A, which the 9 applicant is not required to complete unless the 10 applicant elects to be eligible for protection from 11 legal action as provided in section 657.11. The 12 department shall file a permittee's amendments to the 13 good neighbor policy section with the application." 14 3. Page 35, by inserting after line 24 the 15 following: 16 "Sec. ___. NEW SECTION. 455B.205A GOOD NEIGHBOR 17 POLICY. 18 1. The purpose of this section is to codify the 19 spirit of informal conduct to the expansion of animal 20 feeding operations in this state, which has 21 traditionally existed between farmers and neighbors, 22 based on a common set of farmer-neighbor expectations 23 relating to conversion, cooperation, tolerance, and 24 community harmony, when a farmer implements good faith 25 business practices. 26 2. A person who, on and after the effective date 27 of this Act, shall not obtain a construction permit 28 pursuant to section 455B.200A, unless the person 29 develops a good neighbor policy prior to receiving the 30 permit in order to provide that the animal feeding 31 operation subject to the permit is eligible for 32 protection from legal action as provided in section 33 657.11. In order to satisfy this requirement, the 34 applicant shall satisfy the requirements of this 35 section. The good neighbor policy shall continue in 36 effect after a transfer in ownership of the operation. 37 The portion of the application providing for a good 38 neighbor policy may be amended by the operation's 39 permittee after complying with the requirements of 40 this section and filing the amended portion with the 41 department. 42 3. The applicant or permittee shall provide a 43 written notice to all residents located within one 44 mile of any animal feeding operation structure subject 45 to the permit. The notice shall provide a time and 46 place in the county in which the operation is to be 47 located where all of the following shall be available 48 for public inspection: 49 a. The site plans for the construction of each 50 structure subject to a construction permit. Page 3 1 b. A completed application required pursuant to 2 section 455B.200A, including a proposed good neighbor 3 policy, or proposed amendments to the good neighbor 4 policy, as provided in this section. 5 c. A manure management plan, if required pursuant 6 to section 455B.203. 7 4. At least one neighbors meeting shall be held in 8 order to provide persons residing within one mile of 9 the site subject to the construction permit, with the 10 opportunity to express comments regarding the 11 operation, and the good neighbor policy. A 12 representative of the animal feeding operation shall 13 attend the meeting. A mediator designated by the farm 14 mediation service shall conduct the meeting and 15 certify to the department of natural resources that 16 the meeting was conducted as required pursuant to this 17 section. 18 5. The good neighbor portion of an application for 19 a permit for the construction of an animal feeding 20 operation or an amendment to the portion shall include 21 all of the following: 22 a. Procedures to notify neighbors of events, 23 including the cleaning of structures or the disposal 24 of manure, that may cause special discomfort to 25 neighbors. 26 b. A method to ensure that communication between 27 the animal feeding operation and neighbors is 28 maintained, including methods for neighbors to notify 29 an animal feeding operation when special occasions 30 occur such as weddings, holidays, parties, or 31 funerals. 32 c. The establishment of a nonjudicial dispute 33 resolution forum for neighbors and an animal feeding 34 operation to informally reach solutions to matters of 35 concern affecting the parties. 36 d. Methods to reduce impacts on the fair market 37 value of neighboring property due to the construction 38 or operation of an animal feeding operation structure, 39 which may include the purchase or lease of property 40 around an animal operation structure, or the payment 41 of compensation to neighboring property owners. 42 e. The implementation of practices and the 43 installation of systems to ensure that animal diseases 44 originating from the operation do not contaminate 45 animals located on neighboring property. 46 f. Practices and systems designed to reduce the 47 discomfort to neighbors arising from an animal feeding 48 operation. The application may include practical and 49 inexpensive methods utilized by the operation to 50 reduce odor, including planting trees around animal Page 4 1 feeding operation structures and providing that open 2 manure storage structures be covered with materials 3 which inhibit odor, such as straw, foam pellets, or 4 mats. 5 6. The Iowa cooperative extension service in 6 agriculture and home economics at Iowa state 7 university shall assist in carrying out the purpose of 8 this section by developing a model good neighbor 9 policy which may be used by animal feeding operations 10 in complying with this section. The service shall 11 provide different versions of the policy based on 12 various possible situations. In developing different 13 versions, the service shall consider the type and size 14 of animal feeding operations, the type and size of 15 animal feeding operation structures utilized by 16 operations, the different species of animals 17 maintained at operations, varying distances to 18 neighboring residents, different types of locations of 19 existing or planned animal feeding operations located 20 in close proximity to the operation to be constructed. 21 The services shall develop its model good neighbor 22 policy based upon the sensibilities of a reasonable 23 rural resident in the county who is familiar with and 24 appreciates the importance of animal agriculture." 25 4. By renumbering as necessary. Eddie of Buena Vista rose on a point of order that amendment H-8226 was not germane. The Speaker ruled the point well taken and amendment H-8226 not germane. Mertz of Kossuth asked and received unanimous consent to withdraw amendment H-8221 filed by her on March 4, 1998. Gipp of Winneshiek in the chair at 9:32 p.m. Mundie of Webster offered the following amendment H-8253 filed by him and moved its adoption: H-8253 1 Amend House File 2494 as follows: 2 1. Page 5, line 5, by striking the word and figure 3 "subsection 1," and inserting the following: 4 "subsections 1 and 2". 5 2. Page 5, line 5, by striking the word "is" and 6 inserting the following: "are". 7 3. Page 5, by inserting after line 16 the 8 following: 9 "2.TheIf a county provides cleanup under section 10 204.5 after acquiring real estate following nonpayment 11 of taxes, the department shall determine if a claim is 12 eligible to be satisfied under thissection13 subsection, and do one of the following: 14 a. Pay the amount of the claim required in this 15 section, based on the fixed amount specified in the 16 bid submitted by the county upon completion of the 17 work. 18 b. Obtain a lower fixed amount bid for the work 19 from another qualified person, other than a 20 governmental entity, and pay the amount of the claim 21 required in this section, based on the fixed amount in 22 this bid upon completion of the work. The department 23 is not required to comply with section 18.6 in 24 implementing this section. 25 2A. If a county provides cleanup of a condition 26 causing a clear, present, and impending danger to the 27 public health or environment, as provided in section 28 204.5, the county may make a claim against the fund to 29 pay cleanup costs incurred by the county, according to 30 procedures and requirements established by rules 31 adopted by the department. The department shall 32 determine if a claim is eligible to be satisfied under 33 this subsection, and pay the amount of the claim 34 required in this section." 35 4. Page 6, line 10, by striking the words "The 36 department" and inserting the following: "If the 37 department fails to provide cleanup within twenty-four 38 hours after being notified of a condition requiring 39 cleanup, the county may provide for the cleanup as 40 provided in this paragraph. The department or 41 county". Amendment H-8253 was adopted. Frevert of Palo Alto asked and received unanimous consent to withdraw amendment H-8222 filed by her on March 4, 1998. Frevert of Palo Alto offered the following amendment H-8236 filed by her and moved its adoption: H-8236 1 Amend House File 2494 as follows: 2 1. Page 6, line 21, by striking the words 3 "LIMITATIONS ON". 4 2. Page 6, line 22, by inserting after the word 5 "LEGISLATION" the following: "- CONFINEMENT FEEDING 6 OPERATIONS". 7 3. By striking page 6, line 23, through page 7, 8 line 6, and inserting the following: 9 "1. As used in this section: 10 a. "Animal feeding operation structure" means the 11 same as defined in section 455B.161. 12 b. "Confinement feeding operation" means the same 13 as defined in section 455B.161. 14 c. "Small animal feeding operation" means the same 15 as defined in section 455B.161. 16 2. a. Notwithstanding section 335.2, a county may 17 adopt a confinement feeding operations siting 18 ordinance, pursuant to section 331.302. The purpose 19 of the ordinance shall be to designate appropriate 20 sites in the county where a confinement feeding 21 operation is authorized to be constructed, regardless 22 of whether the county has adopted an ordinance under 23 chapter 335. The ordinance shall authorize a person 24 to construct confinement feeding operation buildings 25 and related animal feeding operation structures in 26 appropriate locations in order to preserve and protect 27 natural resources, including water sources and fragile 28 environmental locations; lessen congestion and 29 overcrowding of confinement feeding operations, 30 especially near cities; and to protect the health and 31 welfare of the public. This section does not 32 authorize a county to restrict agricultural operations 33 within an agricultural area established pursuant to 34 section 352.6. 35 b. A confinement feeding operations siting 36 ordinance shall not apply to a proposed confinement 37 feeding operation or to the proposed expansion of a 38 confinement feeding operation, if the confinement 39 feeding operation is a small animal feeding 40 operation." 41 4. Page 21, line 20, by inserting after the word 42 "located." the following: "All of the following shall 43 apply, unless the county has adopted a confinement 44 feeding operation siting ordinance as provided in 45 section 331.304A:" Roll call was requested by Myers of Johnson and Weigel of Chickasaw. On the question "Shall amendment H-8236 be adopted?" (H.F. 2494) The ayes were, 41: Arnold Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Dinkla Doderer Dotzler Drees Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Witt The nays were, 57: Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cataldo Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Falck Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Nelson O'Brien Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Gipp, Presiding Absent or not voting, 2: Millage Wise Amendment H-8236 lost. Connors of Polk asked and received unanimous consent that amendment H-8152 be deferred. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-8340 filed by him on March 11, 1998. Bernau of Story asked and received unanimous consent to withdraw amendment H-8152 filed by Wise, et al., on March 2, 1998, placing amendment H-8361, filed from the floor, out of order. Teig of Hamilton 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. Speaker Corbett in the chair at 10:53 p.m. On the question "Shall the bill pass?" (H.F. 2494) The ayes were, 51: 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 Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 48: Arnold 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 Absent or not voting, 1: Millage 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 2494 be immediately messaged to the Senate. HOUSE FILE 2405 REREFERRED The Speaker announced that House File 2405, previously referred to committee local government was rereferred to committee on ways and means. SENATE FILE 2192 PASSED ON FILE The Speaker announced that Senate File 2192, previously referred to committee on transportation was passed on file. EXPLANATION OF VOTE I was necessarily absent from the House chamber on March 12, 1998. Had I been present, I would have voted "aye" on House Files 2275, 2502 and 2512. WITT of Black Hawk PRESENTATION OF VISITORS Schrader of Marion presented to the House former State Representative David Osterberg from Linn County. The Speaker announced that the following visitors were present in the House chamber: Fifty-one seniors from Clear Creek-Amana, Tiffin, accompanied by Joy Lindquist. By Foege of Linn, Myers of Johnson and Tyrrell of Iowa. SUBCOMMITTEE ASSIGNMENTS Senate File 2192 Transportation: Weidman, Chair; Arnold and Cohoon. Senate File 2210 Judiciary: Boddicker, Chair; Doderer and Greiner. Senate File 2224 Judiciary: Churchill, Chair; Doderer and Larson. Senate File 2308 State Government: Nelson, Chair; Gipp and Larkin. Senate File 2316 Commerce and Regulation: Van Fossen, Chair; Doderer and Sukup. Senate File 2329 Judiciary: Veenstra, Chair; Holveck and Kremer. Senate File 2391 Judiciary: Lamberti, Chair; Dinkla and Moreland. Senate File 2397 Commerce and Regulation: Sukup, Chair; Metcalf and Wise. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 697 Ways and Means Relating to bidding on parcels at tax sale. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON AGRICULTURE Senate File 2052, a bill for an act relating to programs involving government finance, by providing for the issuance of private activity bonds to administer programs by governmental entities, including the Iowa agricultural development authority and political subdivisions, and providing program assistance to beginning farmers. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8360 March 11, 1998. COMMITTEE ON COMMERCE AND REGULATION Senate File 2316, a bill for an act relating to entities and subject matter under the regulatory authority of the regulated industries unit of the insurance division, including business opportunities, cemeteries, and cemetery merchandise, motor vehicle service contracts, preneed funeral merchandise and services, and residential service contracts, providing for fees, and establishing penalties. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8372 March 12, 1998. Senate File 2397, a bill for an act relating to the operation and regulation of certain insurance companies, miscellaneous provisions relating to small group health care coverage, the ability of certain insurers to bring an action in certain instances, and the elimination of countersigning resident agent provisions. Fiscal Note is not required. Recommended Do Pass March 12, 1998. COMMITTEE ON JUDICIARY Senate File 2220, a bill for an act relating to the definition of a chronic runaway. Fiscal Note is not required. Recommended Do Pass March 12, 1998. COMMITTEE ON NATURAL RESOURCES Senate File 2294, a bill for an act relating to the payment of snowmobile and all-terrain vehicle title fees. Fiscal Note is not required. Recommended Do Pass March 12, 1998. COMMITTEE ON STATE GOVERNMENT Senate Joint Resolution 9, a joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the qualifications of electors. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8357 March 11, 1998. Senate File 58, a bill for an act establishing English as the common language of the state. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8356 March 11, 1998. Senate File 2153, a bill for an act relating to affidavits of candidacy filed by candidates for public office. Fiscal Note is not required. Recommended Do Pass March 11, 1998. Senate File 2310, a bill for an act relating to professional engineering licensure requirements for applicants with certain educational qualifications. Fiscal Note is not required. Recommended Do Pass March 11, 1998. Senate File 2319, a bill for an act revising the definition of the practice of land surveying. Fiscal Note is not required. Recommended Do Pass March 11, 1998. AMENDMENTS FILED H_8356 S.F. 58 Committee on State Government H_8357 S.J.R. 9 Committee on State Government H_8358 H.F. 2533 Brunkhorst of Bremer H_8360 S.F. 2052 Committee on Agriculture H_8362 H.F. 2470 Murphy of Dubuque H_8363 H.F. 2533 Millage of Scott H_8364 H.F. 2533 Heaton of Henry Wise of Lee H_8365 H.F. 2496 Larkin of Lee H_8367 H.F. 2528 Heaton of Henry H_8371 H.F. 2528 Schrader of Marion H_8372 S.F. 2316 Committee on Commerce and Regulation H_8373 H.F. 2335 Weigel of Chickasaw H_8374 H.F. 2496 Martin of Scott H_8375 H.F. 2513 Osterhaus of Jackson H_8376 H.F. 2513 Osterhaus of Jackson H_8377 H.F. 2514 Blodgett of Cerro Gordo H_8378 H.F. 2514 Blodgett of Cerro Gordo Welter of Jones May of Worth H_8379 H.F. 677 Murphy of Dubuque Kinzer of Scott Reynolds-Knight of Van Buren H_8380 H.F. 2475 Witt of Black Hawk Greiner of Washington H_8381 H.F. 2498 Brunkhorst of Bremer Millage of Scott H_8382 H.F. 2498 Brunkhorst of Bremer Brauns of Muscatine H_8383 H.F. 2498 Brunkhorst of Bremer Chiodo of Polk Fallon of Polk H_8384 H.F. 2513 Richardson of Warren Fallon of Polk H_8385 H.F. 2513 Richardson of Warren H_8386 H.F. 2528 Eddie of Buena Vista Drees of Carroll Weidman of Cass Wise of Lee H_8387 S.F. 2192 Chiodo of Polk Eddie of Buena Vista Rayhons of Hancock Carroll of Poweshiek Blodgett of Cerro Gordo H_8388 H.F. 2482 Nelson of Marshall Welter of Jones H_8389 H.F. 2496 Larkin of Lee H_8390 H.F. 2514 Murphy of Dubuque Grundberg of Polk Dotzler of Black Hawk Huser of Polk Lamberti of Polk Churchill of Polk Connors of Polk Metcalf of Polk Chiodo of Polk Ford of Polk Jacobs of Polk H_8391 H.F. 2335 Koenigs of Mitchell H_8392 H.F. 2348 Foege of Linn Houser of Pottawattamie Myers of Johnson H_8393 H.F. 2498 Murphy of Dubuque H_8394 H.F. 2514 Brauns of Muscatine Welter of Jones May of Worth Blodgett of Cerro Gordo Huser of Polk Cohoon of Des Moines Warnstadt of Woodbury H_8395 H.F. 2281 Jacobs of Polk Huser of Polk H_8396 H.F. 2281 Carroll of Poweshiek Huser of Polk Jacobs of Polk H_8397 H.F. 2513 Richardson of Warren H_8398 H.F. 2520 Houser of Pottawattamie On motion by Siegrist of Pottawattamie, the House adjourned at 11:20 p.m., until 9:00 a.m., Friday, March 13, 1998.
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