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House Journal: Monday, April 13, 1998

Ninety-second Calendar Day - Sixty-first Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 13, 1998
The House met pursuant to adjournment at 11:10 a.m., Speaker
Corbett in the chair.
Prayer was offered by Bishop Christopher Epting, Episcopal
Diocese of Iowa.   Harriet Vande Hoef, wife of the Honorable
State Representative Richard Vande Hoef, from Osceola, sang "The
Lord's Prayer."
The Journal of Thursday, April 9, 1998 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by House Page Emily Paul who
sang "The Star Spangled Banner." She was accompanied by House
Page Joel Norton who played the trumpet.
INTRODUCTION OF BILLS
House File 2555, by committee on appropriations, a bill for
an act relating to solid waste tonnage fees, the allocation of
taxes on solid waste collection and disposal service, making
appropriations, and providing an effective date.
Read first time and placed on the appropriations calendar.
House File 2556, by Churchill, a bill for an act providing
for the reduction of a punitive damage award that duplicates
other awards of punitive damages arising from the same act or
course of conduct.
Read first time and referred to committee on judiciary.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 9, 1998, passed the following bill in
which the concurrence of the Senate was asked:
House File 2119, a bill for an act providing for the creation of
an Iowa educational savings plan trust, addressing tax aspects,
and containing applicability provisions.
Also: That the Senate has on April 9, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2498, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds,
and certain other entities, providing for regulatory authority,
and other properly related matters.
Also: That the Senate has on April 9, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2517, a bill for an act establishing a healthy and
well kids in Iowa (HAWK-I) program to provide health insurance
to eligible children and providing an effective date.
Also: That the Senate has on April 9, 1998, passed the following
bill in which the concurrence of the Senate was asked:
House File 2553, a bill for an act relating to the compensation
and benefits for public officials and employees, providing for
related matters, and making appropriations.
Also: That the Senate has on April 9, 1998, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
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.
Also: That the Senate has on April 9, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2331, a bill for an act to provide for the sharing
of certain habilitative and treatment resources with the
department of human services.
Also: That the Senate has on April 9, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was 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 April 9, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2404, a bill for an act relating to cooperatives
organized under Code chapter 501.
Also: That the Senate has on April 9, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2417, a bill for an act establishing a railroad
revolving loan fund and making an appropriation.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGE CONSIDERED
Senate File 2417, by committee on appropriations, a bill for
an act establishing a railroad revolving loan fund and making an
appropriation.
Read first time and referred to committee on appropriations.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Cataldo of Polk on request of Moreland of Wapello.
SENATE AMENDMENTS CONSIDERED
Arnold of Lucas called up for consideration House File 2290, a
bill for an act relating to the civil damages and penalties for
the illegal taking of antlered deer, amended by the Senate
amendment H-8758 as follows:

H-8758

 1     Amend House File 2290, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 481A.93, Code 1997, is amended
 6   to read as follows:
 7     481A.93  HUNTING BY ARTIFICIAL LIGHT.
 8     1.  A person shall not throw or cast the rays of a
 9   spotlight, headlight, or other artificial light on a
10   highway, or in a field, woodland, or forest for the
11   purpose of spotting, locating, or taking or attempting
12   to take or hunt a bird or animal, except raccoons or
13   other fur-bearing animals when treed with the aid of
14   dogs, while having in possession or control, either
15   singly or as one of a group of persons, any firearm,
16   bow, or other implement or device whereby a bird or
17   animal could be killed or taken.
18     2.  This section does not apply to deer being taken
19   by or under the control of a local governmental body
20   within its corporate limits pursuant to an approved
21   special deer population control plan."
22     2.  Page 1, by inserting after line 12 the
23   following:
24     "Sec. ___.  Section 481C.2, Code Supplement 1997,
25   is amended to read as follows:
26     481C.2  DUTIES.
27     The director of the department of natural resources
28   shall enter into a memorandum of agreement with the
29   United States department of agriculture, animal damage
30   control division.  The wild animal depredation unit
31   shall serve and act as the liaison to the department
32   for the producers in the state who suffer crop and
33   nursery damage due to wild animals.  The department
34   shall issue depredation permits as necessary to reduce
35   to any landowner who incurs crop and nursery damage
of
36   one thousand dollars or more due to wild animals.  The
37   criteria for issuing depredation permits shall be
38   established in administrative rules in consultation
39   with the farmer advisory committee created in section
40   481A.10A.  The administrative rules adopted pursuant
41   to this section shall not require a producer to erect
42   or maintain fencing at a cost exceeding one thousand
43   dollars as a requisite for receiving a depredation
44   permit or for participation in a depredation plan.
45     Sec. ___.  Section 483A.8, subsection 3, Code 1997,
46   is amended to read as follows:
47     3.  A nonresident deer hunter is required to have
48   only a nonresident deer license and a wildlife habitat
49   stamp.  The commission shall annually limit to five
50   seven thousand five hundred licenses the number of

Page 2  

 1   nonresidents allowed to have deer hunting licenses.
 2   The number of nonresident deer hunting licenses shall
 3   be determined as provided in section 481A.38.  The
 4   commission shall allocate the nonresident deer hunting
 5   licenses issued among the zones based on the
 6   populations of deer.  However, a nonresident applicant
 7   may request one or more hunting zones, in order of
 8   preference, in which the applicant wishes to hunt.  If
 9   the request cannot be fulfilled, the applicable fees
10   shall be returned to the applicant.  A nonresident
11   applying for a deer hunting license must exhibit proof
12   of having successfully completed a hunter safety and
13   ethics education program as provided in section
14   483A.27 or its equivalent as determined by the
15   department before the license is issued.
16     Sec. 101.  Section 483A.8, Code 1997, is amended by
17   adding the following new subsection:
18     NEW SUBSECTION.  4.  The commission may provide, by
19   rule, for the issuance of an additional antlerless
20   deer license to a person who has been issued an
21   antlerless deer license.  The rules shall specify the
22   number of additional antlerless deer licenses which
23   may be issued, and the season and zone in which the
24   license is valid.  The fee for an additional
25   antlerless deer license shall be ten dollars for
26   residents.  If the commission provides for antlerless
27   deer licenses for nonresidents, the fee shall be
28   twenty-five dollars.
29     Sec. ___.  EFFECTIVE DATE.  Section 101 of this
30   Act, being deemed of immediate importance, takes
31   effect upon enactment."
32     3.  Title page, line 1, by inserting after the
33   word "to" the following:  "the regulation of the deer
34   population and to".
Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8855, to the Senate amendment H-8758, filed
by him on April 1, 1998, and amendments H-8812, H-8813 and
H-8823, all to the Senate amendment H-8758, filed by him on
March 31, 1998.
Dotzler of Black Hawk offered the following amendment H-8987, to
the Senate amendment H-8758, filed by him and Arnold of Lucas
and moved its adoption:

H-8987

 1     Amend the Senate amendment, H-8758, to House File
 2   2290, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 2, line 1, by inserting the word
 5   "licenses." the following:  "Of the first six thousand
 6   nonresident deer licenses issued, not more than
 7   thirty-five percent of the licenses shall be bow
 8   season licenses and, after the first six thousand
 9   nonresident deer licenses have been issued, all
10   additional licenses shall be issued for antlerless
11   deer only."
12     2.  Page 2, by striking lines 26 through 28 and
13   inserting the following:  "residents."
Amendment H-8987 was adopted.
On motion by Arnold of Lucas, the House concurred in the Senate
amendment H-8758, as amended.
Arnold of Lucas moved that the bill as amended by the Senate,
further amended and concurred in by the House, 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. 2290)

The ayes were, 94:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Chiodo 	Churchill 
Cohoon 	Connors 	Cormack 	Dinkla 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck 
Fallon 	Foege 	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	Murphy 	Nelson 	O'Brien 
Osterhaus 	Rants 	Rayhons 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Siegrist 	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Veenstra 	Warnstadt 	Weidman 
Weigel 	Welter 	Whitead 	Wise 
Witt 	Mr. Speaker
	  Corbett

The nays were, none.

Absent or not voting, 6:

Cataldo 	Chapman 	Ford 	Mundie
Myers 	Vande Hoef 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2290 be immediately messaged to the Senate.
Richardson of Warren called up for consideration House File
2175, a bill for an act relating to the creation of, and
annexation of property to, a sanitary sewer district, amended by
the Senate, and moved that the House concur in the following
Senate amendment H-8888:

H-8888

 1     Amend House File 2175, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 2, line 11, by inserting after the word
 4   "district." the following:  "The property to be
 5   annexed must be located within the watershed of a
 6   natural lake or navigable water as defined in section
 7   462A.2 in the existing district."
 8     2.  Page 3, line 16, by striking the words ",
 9   without naming the owners,".
10     3.  Page 4, line 8, by inserting after the word
11   "hearing." the following:  "A representative of the
12   sanitary district board of trustees shall attend the
13   public hearing and be available to answer questions
14   regarding the proposed annexation."
The motion prevailed and the House concurred in the Senate
amendment H-8888.
Richardson of Warren moved that the bill, as amended by the
Senate and concurred in by the House, 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. 2175)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Chiodo 	Churchill 
Cohoon 	Connors 	Cormack 	Dinkla 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck 
Fallon 	Foege 	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	Murphy 	Nelson 	O'Brien 
Osterhaus 	Rants 	Rayhons 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Siegrist 	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Warnstadt 
Weidman 	Weigel 	Welter 	Whitead 
Wise 	Witt 	Mr. Speaker
		  Corbett

The nays were, none.

Absent or not voting, 5:

Cataldo 	Chapman 	Ford 	Mundie 
Myers 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Klemme of Plymouth called up for consideration House File 2472,
a bill for an act relating to fines imposed for violations of
city or county ordinances or city or county infractions and
providing an effective date, amended by the Senate, and moved
that the House concur in the following Senate amendment H-8759:

H-8759

 1     Amend House File 2472, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by striking lines 1 through 13.
 4     2.  By striking page 1, line 29, through page 2,
 5   line 5.
 6     3.  Page 2, by striking lines 26 through 31.
 7     4.  Title page, line 1, by striking the word
 8   "fines" and inserting the following:  "civil
 9   penalties".
10     5.  Title page, by striking lines 2 and 3 and
11   inserting the following:  "ordinances or city or
12   county infractions."
13     6.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8759.
Klemme of Plymouth moved that the bill, as amended by the Senate
and concurred in by the House, 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. 2472)

The ayes were, 94:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Chiodo 	Churchill 
Cohoon 	Connors 	Cormack 	Dinkla 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck 
Fallon 	Foege 	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	Murphy 	Nelson 	O'Brien 
Osterhaus 	Rants 	Rayhons 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Siegrist	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Veenstra 	Warnstadt 	Weidman 
Weigel 	Welter 	Whitead 	Wise 
Witt 	Mr. Speaker
	  Corbett

The nays were, none.

Absent or not voting, 6:

Cataldo 	Chapman 	Ford 	Mundie 
Myers 	Vande Hoef 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Sukup of Franklin called up for consideration House File 2487, a
bill for an act relating to the fines and penalties and other
requirements applicable to the sale of alcohol and providing an
effective date, amended by the Senate, and moved that the House
concur in the following Senate amendment H-8863:

H-8863

 1     Amend House File 2487, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by striking lines 1 through 9.
 4     2.  Title page, line 1, by striking the words "and
 5   other requirements".
 6     3.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8863.
Sukup of Franklin moved that the bill, as amended by the Senate
and concurred in by the House, 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. 2487)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Chiodo	Churchill 
Cohoon 	Connors 	Cormack 	Dinkla 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie	Falck 
Fallon 	Foege 	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 	Murphy 	Nelson 	O'Brien 
Osterhaus 	Rants 	Rayhons 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Siegrist 	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Warnstadt 
Weidman 	Weigel 	Welter 	Whitead 
Wise 	Witt 	Mr. Speaker
		  Corbett

The nays were, none.

Absent or not voting, 5:

Cataldo 	Chapman 	Ford 	Mundie 	
Myers 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, 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 2175, 2472 and 2487.
Houser of Pottawattamie called up for consideration House File
8, a bill for an act relating to the funding of state mandates,
amended by the Senate amendment H-8002 as follows:

H-8002

 1     Amend House File 8, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, line 9, by striking the figure "1997"
 4   and inserting the following:  "1998".
 5     2.  Page 1, line 14, by striking the figure "1997"
 6   and inserting the following:  "1998".
 7     3.  Page 1, line 16, by inserting after the word
 8   "mandate" the following:  "as identified pursuant to
 9   section 25B.5, subsections 1 and 2".
10     4.  Page 1, line 18, by inserting after the word
11   "liabilities" the following:  "imposed by the state".
12     5.  Page 1, line 23, by inserting after the figure
13   "411" the following:  "or to the enforcement of
14   chapter 321J or the Iowa Criminal Code pursuant to
15   chapters 701 to 728".
16     6.  By striking page 1, line 29, through page 2,
17   line 1.
18     7.  By renumbering, relettering, or redesignating
19   and correcting internal references as necessary.
Kreiman of Davis offered amendment H-8005, to the Senate
amendment H-8002, filed by him as follows:

H-8005

 1     Amend the Senate amendment, H-8002, to House File
 2   8, as amended, passed, and reprinted by the House, as
 3   follows:
 4     1.  Page 1, line 14, by striking the word
 5   "pursuant" and inserting the following:  "including
 6   but not limited".
 7     2.  Page 1, line 15, by inserting after the figure
 8   "728" the following:  "or any other public offense
 9   which is punishable by fine or imprisonment".
Siegrist of Pottawattamie asked and received unanimous consent
that House File 8 be deferred and that the bill retain its place
on the calendar. (Senate amendment H-8002 and amendment H-8005
pending.)

CONSIDERATION OF BILL
Unfinished Business Calendar
Senate File 187, a bill for an act relating to the issuance of
licenses and the imposition of fees for the fishing, trapping,
hunting, pursuing, catching, killing, or taking of wild animals,
birds, game, or fish, providing for other properly related
matters, and subjecting violators to existing penalties, and
providing effective and applicability dates, with report of
committee recommending amendment and passage, was taken up for
consideration.
Klemme of Plymouth offered amendment H-8505 filed by the
committee on natural resources as follows:

H-8505

 1     Amend Senate File 187, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 33, by inserting after the word
 4   "Code" the following:  "Supplement".
 5     2.  Page 5, by striking lines 27 through 29 and
 6   inserting the following:  "wildlife habitat stamp fee.
 7   The commission shall annually limit to two thousand
 8   licenses the number of nonresidents allowed to have
 9   wild turkey hunting licenses.  The number of".
10     3.  Page 6, by striking lines 14 through 16 and
11   inserting the following:  "habitat stamp fee.  The
12   commission shall annually limit to five six thousand
13   licenses the number of nonresidents allowed to have
14   deer hunting licenses.  The number of nonresident
15   deer".
16     4.  Page 7, line 10, by inserting after the word
17   "fee." the following:  "A person authorized to issue a
18   license or collect a fee pursuant to this chapter or
19   chapter 484A shall charge the fee specified in this
20   chapter or chapter 484A only plus a writing fee if
21   applicable."
22     5.  Page 8, line 8, by inserting after the word
23   "depository." the following:  "A license depository
24   may charge and retain a writing fee of one dollar for
25   the issuance of a free deer hunting license or a free
26   wild turkey hunting license as authorized under
27   section 483A.24, subsection 2."
28     6.  Page 8, line 32, by inserting after the word
29   "original." the following:  "The license depository
30   may charge and retain a writing fee of one dollar for
31   each duplicate license issued pursuant to this
32   section."
33     7.  Page 9, line 11, by inserting after the word
34   "Code" the following:  "Supplement".
35     8.  Page 12, by striking lines 4 and 5.
36     9.  Page 12, line 7, by striking the figure "1997"
37   and inserting the following:  "1998".
38     10.  Page 12, line 10, by striking the figure
39   "1998" and inserting the following:  "1999".
40     11.  By renumbering, relettering, or redesignating
41   and correcting internal references as necessary.
Klemme of Plymouth asked and received unanimous consent to
withdraw amendments H-8869 and H-8885, both to the committee
amendment H-8505, filed by him on April 2, 1998.
Dolecheck of Ringgold asked and received unanimous consent to
withdraw amendment H-8916, to the committee amendment H-8505,
filed by him on April 3, 1998.
Arnold of Lucas asked and received unanimous consent to withdraw
amendment H-9001, to the committee amendment H-8505, filed by
him on April 8, 1998.
Klemme of Plymouth moved the adoption of the committee amendment
H-8505.
The committee amendment H-8505 was adopted.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Carroll of Poweshiek, until his return, on request of Siegrist
of Pottawattamie.
Schrader of Marion asked and received unanimous consent that
amendment H-8519 be deferred.
Whitead of Woodbury offered amendment H-8547 filed by him and
Warnstadt as follows:

H-8547

 1     Amend Senate File 187, as passed by the Senate, as
 2   follows:
 3     1.  Page 2, by inserting after line 11 the
 4   following:
 5     "Sec. ___.  Section 481A.68, subsection 2, Code
 6   1997, is amended to read as follows:
 7     2.  A person shall not use more than three tip-up
 8   fishing devices for fishing in the waters of the
 9   Mississippi river, the Missouri river, and the Big
10   Sioux river, and its their connected backwater.  A
11   person may use two or three hooks on the same line,
12   but the total number of hooks used by each person
13   shall not exceed three.  Each tip-up fishing device
14   used in fishing shall have attached a tag plainly
15   labeled with the owner's name and address.  A person
16   shall not use a tip-up fishing device for fishing
17   within three hundred feet of a dam or spillway or in a
18   part of the river which is closed or posted against
19   use of the device.  Three tip-up fishing devices may
20   be used in addition to the two lines with no more than
21   two hooks per line, as specified in section 481A.72."
Klemme of Plymouth rose on a point of order that amendment
H-8547 was not germane.
The Speaker ruled the point well taken and amendment H-8547 not
germane.
Brand of Tama offered amendment H-8613 filed by him as follows:

H-8613

 1     Amend Senate File 187, as passed by the Senate, as
 2   follows:
 3     1.  Page 2, by inserting after line 11 the
 4   following:
 5     "Sec. ___.  Section 481A.54, Code 1997, is amended
 6   by adding the following new subsection:
 7     NEW SUBSECTION.  2A.  A person shall not discharge
 8   a shotgun with a slug load or a muzzleloader from a
 9   highway during the gun deer seasons.  As used in this
10   section, "highway" means the same as defined in
11   section 321.1."
12     2.  By renumbering as necessary.
Klemme of Plymouth rose on a point of order that amendment
H-8613 was not germane.
The Speaker ruled the point well taken and amendment H-8613 not
germane.
Barry of Harrison asked and received unanimous consent to
withdraw amendment H-8747 filed by her on March 26, 1998.
Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8874 filed by him on April 2, 1998.
Klemme of Plymouth offered the following amendment H-8764 filed
by him and moved its adoption:

H-8764

 1     Amend Senate File 187, as passed by the Senate, as
 2   follows:
 3     1.  Page 2, line 23, by striking the words ",
 4   seasonal, individual".
 5     2.  Page 3, line 3, by striking the word ",
 6   seasonal".
Amendment H-8764 was adopted.
Fallon of Polk offered the following amendment H-8816 filed by
him and Boddicker of Cedar and moved its adoption:

H-8816

 1     Amend Senate File 187, as passed by the Senate, as
 2   follows:
 3     1.  Page 5, line 24, by inserting after the word
 4   "fee." the following:  Upon application and payment of
 5   the required fees for archery-only licenses, a
 6   resident archer shall be issued two wild turkey
 7   licenses for the spring season."
Amendment H-8816 was adopted.
Weidman of Cass asked and received unanimous consent to withdraw
amendment H-8917 filed by him and Hahn of Muscatine on April 3,
1998.
Weidman of Cass offered the following amendment H-8956 filed by
him and Hahn of Muscatine and moved its adoption:

H-8956

 1     Amend Senate File 187, as passed by the Senate, as
 2   follows:
 3     1.  Page 9, by inserting after line 5 the
 4   following:
 5     "Sec. ___.  Section 483A.19, Code 1997, is amended
 6   to read as follows:
 7     483A.19  SHOWING LICENSE TO OFFICER.
 8     Every person shall, while fishing, hunting, or fur
 9   harvesting, show the person's license, certificate, or
10   permit, to any peace officer or the owner or person in
11   lawful control of the land or water upon which
12   licensee may be hunting, fishing, or fur harvesting
13   when requested by the persons to do so.  Any failure
14   to so carry or refusal to show or so exhibit the
15   person's license, certificate, or permit shall be a
16   violation of this chapter.  However, except for
17   possession and exhibition of deer licenses and tags or
18   wild turkey licenses and tags, a person charged with
19   violating this section shall not be convicted if the
20   person produces in court, within a reasonable time, a
21   license, certificate, or permit for hunting, fishing,
22   or fur harvesting issued to that person and valid when
23   the person was charged with a violation of this
24   section."
Amendment H-8956 was adopted.
Brauns of Muscatine offered the following amendment H-8524 filed
by him and moved its adoption:

H-8524

 1     Amend Senate File 187, as passed by the Senate, as
 2   follows:
 3     1.  Page 9, by inserting after line 10 the
 4   following:
 5     "Sec. ___.  Section 483A.24, subsection 2,
 6   paragraph b, Code Supplement 1997, is amended to read
 7   as follows:
 8     b.  Upon written application on forms furnished by
 9   the department, the department shall issue annually
10   without fee one deer or one wild turkey license, or
11   both, to the owner of a farm unit or to a member of
12   the owner's family, but not to both, and to the tenant
13   or to a member of the tenant's family, but not to
14   both.  The deer hunting license or wild turkey hunting
15   license issued shall be valid only on the farm unit
16   for which an applicant qualifies pursuant to this
17   subsection and shall be equivalent to the least
18   restrictive license issued under section 481A.38.  The
19   owner or the tenant need not reside on the farm unit
20   to qualify for a free license to hunt on that farm
21   unit.  A free deer hunting license issued pursuant to
22   this subsection shall be valid during all shotgun deer
23   seasons."
Amendment H-8524 was adopted.
Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8517 filed by him on March 19, 1998.
Schrader of Marion asked and received unanimous consent to
withdraw amendment H-8519 filed by Myers of Johnson on March 19,
1998.
Speaker pro tempore Van Maanen of Marion in the chair at 12:13
p.m.
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?" (S.F. 187)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Brand 
Brauns 	Brunkhorst 	Bukta 	Burnett 
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 	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 	Murphy 	Myers	Nelson 
O'Brien 	Osterhaus 	Rants	Rayhons 
Reynolds-Knight 	Richardson 	Scherrman 	Schrader 
Shoultz 	Siegrist 	Sukup 	Taylor 
Teig 	Thomas 	Thomson 	Tyrrell 
Van Fossen 	Vande Hoef 	Veenstra 	Warnstadt 
Weidman 	Weigel 	Welter 	Whitead 
Wise 	Witt 	Van Maanen, 
 		   Presiding
The nays were, none.

Absent or not voting, 5:

Bradley 	Carroll 	Cataldo 	Grundberg 
Mundie 	

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:18 p.m., until 1:15 p.m.

AFTERNOON SESSION
The House reconvened at 1:15 p.m., Speaker Corbett 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 April 13, 1998, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 316, a bill for an act relating to the training and
probationary periods for certain law enforcement officers.
Also: That the Senate has on April 13, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 347, a bill for an act relating to the disposal of
public nuisances seized by the department of natural resources.
Also: That the Senate has on April 13, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 518, a bill for an act relating to the
administration of state government, by providing for the
practices of the department of general services, state
procurement, motor vehicles, and state printing.
Also: That the Senate has on April 13, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2109, a bill for an act relating to mobile home
dealers.
Also: That the Senate has on April 13, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2339, a bill for an act relating to an inmate's
right to counsel in a postconviction proceeding pertaining to a
forfeiture of a reduction in sentence or the unlawful holding of
a person in custody or restraint.
Also: That the Senate has on April 13, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was 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.
MARY PAT GUNDERSON, Secretary
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-one members present,
twenty-nine absent.
SENATE AMENDMENT CONSIDERED
Hansen of Pottawattamie called up for consideration House File
2120, a bill for an act prohibiting the use of self-service
displays in the offering for sale or sale of cigarettes or
tobacco products, and providing a penalty, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-8933:

H-8933

 1     Amend House File 2120 as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 2, by striking lines 2 through 9.
 4     2.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 42, nays 38.
The motion prevailed and the House concurred in the Senate
amendment H-8933.
Hansen of Pottawattamie moved that the bill, as amended by the
Senate and concurred in by the House, 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. 2120)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Chapman 	Chiodo 
Churchill 	Cohoon 	Connors 	Cormack 
Dinkla 	Dix 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck 
Fallon 	Foege	Ford 	Frevert 
Garman 	Gipp 	Greig	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Holveck	Houser 
Huseman 	Huser 	Jacobs 	Jenkins 
Jochum 	Kinzer 	Klemme 	Koenigs 
Kreiman 	Kremer 	Lamberti 	Larkin 
Larson 	Lord 	Martin 	Mascher 
May 	Mertz 	Metcalf 	Meyer 
Millage 	Moreland 	Murphy 	Nelson 
O'Brien 	Osterhaus 	Rants 	Rayhons 
Reynolds-Knight 	Richardson 	Scherrman 	Schrader 
Shoultz 	Siegrist 	Sukup 	Taylor 
Teig 	Thomas 	Thomson 	Tyrrell 
Van Fossen 	Van Maanen 	Vande Hoef 	Veenstra
Warnstadt 	Weidman 	Weigel 	Welter 
Whitead 	Wise 	Witt 	Mr. Speaker
			  Corbett

The nays were, 2:

Doderer 	Myers 

Absent or not voting, 2:

Cataldo 	Mundie

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

CONSIDERATION OF BILL
Unfinished Business Calendar
Senate File 466, a bill for an act relating to the theft of
video rental property and making penalties applicable, with
report of committee recommending passage, was taken up for
consideration.
Sukup of Franklin moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 466)

The ayes were, 94:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Chapman 	Churchill
Cohoon 	Connors 	Cormack 	Dinkla
Dix 	Dolecheck 	Dotzler 	Drake 
Drees 	Eddie 	Falck 	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 	Millage 	Moreland 	Murphy 
Myers 	Nelson 	O'Brien 	Osterhaus 
Rants 	Rayhons 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Siegrist 
Sukup 	Taylor 	Teig 	Thomas 
Thomson 	Tyrrell 	Van Fossen 	Van Maanen 
Vande Hoef	Veenstra 	Warnstadt 	Weidman 
Weigel 	Welter	Whitead 	Wise 
Witt 	Mr. Speaker
	  Corbett

The nays were, 2:

Doderer 	Fallon 

Absent or not voting, 4:

Cataldo 	Chiodo 	Meyer 	Mundie

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 466 be immediately messaged to the Senate.
SENATE AMENDMENTS CONSIDERED
Sukup of Franklin called up for consideration House File 2400, a
bill for an act providing a procedure for the preservation of a
mechanic's lien for materials or labor furnished to a
subcontractor and providing for related matters, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-9096:

H-9096

 1     Amend House File 2400, as passed by the House, as
 2   follows:
 3     1.  Page 2, line 2, by inserting after the word
 4   "land." the following:  "However, this presumption
 5   shall not pertain to recoveries sought under a surety
 6   bond."
 7     2.  Page 2, by inserting before line 3 the
 8   following:
 9     "Sec. ___.  Section 572.14, subsection 2, Code
10   1997, is amended to read as follows:
11     2.  In the case of an owner-occupied dwelling, a
12   mechanic's lien perfected under this chapter is
13   enforceable only to the extent of the balance due from
14   the owner to the principal contractor at the time
15   written notice, in the form amount due the principal
16   contractor by the owner-occupant under the contract,
17   less any payments made by the owner-occupant to the
18   principal contractor prior to the owner-occupant being
19   served with the notice specified in subsection 3, is
20   served on the owner.  This notice may be served by
21   delivering it to the owner or the owner's spouse
22   personally, or by mailing it to the owner by certified
23   mail with restricted delivery and return receipt to
24   the person mailing the notice, or by personal service
25   as provided in the rules of civil procedure."
26     3.  Page 2, line 13, by striking the words "the
27   principal contractor" and inserting the following:
28   "the owner and the principal contractor".
29     4.  By renumbering, relettering, or redesignating
30   and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9096.
Sukup of Franklin moved that the bill, as amended by the Senate
and concurred in by the House, 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. 2400)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Bradley 	Brand 
Brauns 	Brunkhorst 	Bukta 	Burnett 
Carroll 	Chapman 	Chiodo 	Churchill 
Cohoon 	Connors 	Cormack 	Dinkla
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck 
Fallon 	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 	Murphy	Myers 	Nelson 
O'Brien 	Osterhaus 	Rayhons 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz
Siegrist 	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef	Veenstra 	Warnstadt 
Weidman 	Weigel 	Welter 	Whitead 
Wise 	Witt 	Mr. Speaker
		  Corbett

The nays were, none.

Absent or not voting, 5:

Boggess 	Cataldo 	Foege 	Mundie 
Rants 

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 2400 be immediately messaged to the Senate.
Larson of Linn called up for consideration Senate File 2311, a
bill for an act relating to partnerships by replacing the
existing law with a uniform partnership law and providing
penalties and an effective date, amended by the House, further
amended by the Senate and moved that the House concur in the
following Senate amendment H-9007 to the House amendment:

H-9007

 1     Amend the House amendment, S-5503, to Senate File
 2   2311, as amended, passed, and reprinted by the Senate,
 3   as follows:
 4     1.  Page 1, by inserting after line 4 the
 5   following:
 6     "   .  Page 55, by inserting after line 28 the
 7   following:
 8     "Sec. 1001.  CODE EDITOR DIRECTIVE.  In order to
 9   distinguish between chapter 486, Code and Code
10   Supplement 1997, which is not repealed until January
11   1, 2001, and which will appear in Code 1999, and the
12   new sections of chapter 486 which are created by this
13   Act, which are effective January 1, 1999, and which
14   will also appear in Code 1999, the Code editor shall
15   codify the new sections of chapter 486, as enacted by
16   this Act, as a new chapter 486A."
17     2.  Page 55, by inserting after line 28 the
18   following:
19     "Sec. ___.  EFFECTIVE DATE.  Section 1001 of this
20   Act, being deemed of immediate importance, takes
21   effect upon enactment."
22     3.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9007, to the House amendment.
Larson of Linn moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be
read a last time now and placed upon its passage which motion
prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (S.F. 2311)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Chapman 	Chiodo 
Churchill 	Cohoon 	Connors 	Cormack 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Fallon 	Foege 	Ford 
Frevert 	Garman 	Gipp 	Greig 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Holveck 	Houser 
Huseman 	Huser 	Jacobs 	Jochum 
Kinzer 	Klemme 	Koenigs 	Kreiman 
Kremer 	Lamberti 	Larkin 	Larson 
Lord 	Martin 	Mascher 	May 
Mertz 	Metcalf 	Meyer 	Moreland 
Murphy 	Myers 	Nelson 	O'Brien 
Osterhaus 	Rants 	Rayhons 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Siegrist 	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Warnstadt 
Weidman 	Weigel 	Welter	Whitead 
Wise 	Witt 	Mr. Speaker
		  Corbett

The nays were, 2:

Greiner 	Millage 
Absent or not voting, 3:

Cataldo 	Jenkins 	Mundie

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

Teig of Hamilton called up for consideration House File 2494, a
bill for an act regulating animal feeding operations and making
penalties applicable and providing an effective date, amended by
the Senate amendment H-9048 as follows:

H-9048

 1     Amend House File 2494, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  By striking everything after the enacting
 4   clause and inserting the following:
 5     "Section 1.  NEW SECTION.  7D.10A  ALLOCATION TO
 6   MANURE STORAGE INDEMNITY FUND.
 7     If moneys are not sufficient to support the manure
 8   storage indemnity fund as provided in chapter 204, the
 9   executive council may allocate from moneys in the
10   general fund of the state, which are not otherwise
11   obligated or encumbered, an amount to the manure
12   storage indemnity fund as provided under section
13   204.2.  However, not more than a total of one million
14   dollars shall be allocated to the manure storage
15   indemnity fund at any time.
16     Sec. 2.  Section 204.1, subsections 4, 8, and 9,
17   Code 1997, are amended to read as follows:
18     4.  "Department" means the department of
19   agriculture and land stewardship natural resources.
20     8.  "Manure storage structure" means a structure
21   used to store manure as part of a confinement feeding
22   operation subject to a construction permit issued by
23   the department of natural resources pursuant to
24   section 455B.173.  A manure storage structure
25   includes, but is not limited to, an anaerobic lagoon,
26   formed manure storage structure, or earthen manure
27   storage basin, the same as defined in section
455B.161
28   455B.171.
29     9.  "Permittee" means a person who, pursuant to
30   section 455B.200A, obtains a permit for the
31   construction of a manure storage structure, or a
32   confinement feeding operation, if a manure storage
33   structure is connected to the confinement feeding
34   operation.
35     Sec. 3.  Section 204.2, subsections 2, 3, and 5,
36   Code 1997, are amended to read as follows:
37     2.  The fund consists of moneys from indemnity fees
38   remitted by permittees to the department of natural
39   resources and transferred to the department of
40   agriculture and land stewardship as provided in
41   section 204.3; moneys from indemnity fees remitted by
42   persons required to submit manure management plans to
43   the department pursuant to section 204.3A; sums
44   collected on behalf of the fund by the department
45   through legal action or settlement; moneys required to
46   be repaid to the department by a county pursuant to
47   this chapter; civil penalties assessed and collected
48   by the department of natural resources or the
attorney
49   general pursuant to chapter 455B, against permittees
50   animal feeding operations; moneys paid as a settlement

Page 2  

 1   involving an enforcement action for a civil penalty
 2   subject to assessment and collection against
 3   permittees by the department of natural resources or
 4   the attorney general pursuant to chapter 455B;
 5   interest, property, and securities acquired through
 6   the use of moneys in the fund; or moneys contributed
 7   to the fund from other sources.
 8     3.  The moneys collected under this section and
 9   shall be deposited in the fund and shall be
10   appropriated to the department for the exclusive
11   purpose of indemnifying a county for expenses related
12   to cleaning up the site of the confinement feeding
13   operation, including removing and disposing of manure
14   from a manure storage structure providing moneys for
15   cleanup of abandoned facilities as provided in section
16   204.4, and to pay the department for costs related to
17   administering the provisions of this chapter.  For
18   each fiscal year, the department shall not use more
19   than one percent of the total amount which is
20   available in the fund or ten thousand dollars,
21   whichever is less, to pay for the costs of
22   administration.  Moneys in the fund shall not be
23   subject to appropriation or expenditure for any other
24   purpose than provided in this section.
25     5.  The following shall apply to moneys in the
26   fund:
27     a.  On August 31 following the close of each fiscal
28   year, moneys in the fund which are not obligated or
29   encumbered on June 30 of the past fiscal year, less
30   not counting the department's estimate of the cost to
31   the fund for pending or unsettled claims and any
32   amount required to be credited to the general fund of
33   the state under this subsection, and which are in
34   excess of one three million dollars, shall be
35   deposited in the organic nutrient management fund as
36   created in section 161C.5 for purposes of supporting
37   the organic nutrient management program.
38     b.  The executive council may allocate moneys from
39   the general fund of the state as provided in section
40   7D.10A in an amount necessary to support the fund,
41   including payment of claims as provided in section
42   204.4.  However, an allocation of moneys from the
43   general fund of the state shall be made only if the
44   amount of moneys in the fund, which are not obligated
45   or encumbered, and not counting the department's
46   estimate of the cost to the fund for pending or
47   unsettled claims and any amount required to be
48   credited to the general fund of the state under this
49   subsection, is less than one million dollars.
50     c.  The department shall credit an amount to the

Page   3

 1   general fund of the state which is equal to an amount
 2   allocated to the fund by the executive council under
 3   paragraph "b".  The department shall credit the moneys
 4   to the general fund of the state, if the moneys in the
 5   fund which are not obligated or encumbered, and not
 6   counting the department's estimate of the cost to the
 7   fund for pending or unsettled claims and any amount
 8   required to be transferred to the general fund under
 9   this paragraph, are in excess of two million five
10   hundred thousand dollars.  The department is not
11   required to credit the total amount to the general
12   fund of the state during any one fiscal year.
13     Sec. 4.  Section 204.3, Code 1997, is amended to
14   read as follows:
15     204.3  FEES.
16     An indemnity fee shall be assessed upon permittees
17   which shall be paid to and collected by the department
18   of natural resources, prior to issuing a permit for
19   the construction of a confinement feeding operation as
20   provided in section 455B.173 455B.200A.  The amount
of
21   the fees shall be based on the following:
22     1.  If the confinement feeding operation has an
23   animal weight capacity of less than six hundred
24   twenty-five thousand pounds, the following shall
25   apply:
26     a.  For all animals other than poultry, the amount
27   of the fee shall be five ten cents per animal unit
of
28   capacity for confinement feeding operations.
29     b.  For poultry, the amount of the fee shall be two
30   four cents per animal unit of capacity for confinement
31   feeding operations.
32     2.  If the confinement feeding operation has an
33   animal weight capacity of six hundred twenty-five
34   thousand or more pounds but less than one million two
35   hundred fifty thousand pounds, the following shall
36   apply:
37     a.  For all animals other than poultry, the amount
38   of the fee shall be seven and one-half fifteen cents
39   per animal unit of capacity for confinement feeding
40   operations.
41     b.  For poultry, the amount of the fee shall be
42   three six cents per animal unit of capacity for
43   confinement feeding operations.
44     3.  If the confinement feeding operation has an
45   animal weight capacity of one million two hundred
46   fifty thousand or more pounds, the following shall
47   apply:
48     a.  For all animals other than poultry, the amount
49   of the fee shall be ten twenty cents per animal unit
50   of capacity for confinement feeding operations.

Page   4

 1     b.  For poultry, the amount of the fee shall be
 2   four eight cents per animal unit of capacity for
 3   confinement feeding operations.
 4     The department of natural resources shall deposit
 5   moneys collected from the fees into the fund according
 6   to procedures adopted by the department of agriculture
 7   and land stewardship.
 8     Sec. 5.  NEW SECTION.  204.3A  MANURE MANAGEMENT
 9   PLAN - INDEMNITY FEE REQUIRED.
10     An indemnity fee shall be assessed upon persons
11   required to submit a manure management plan as
12   provided in section 455B.203, but not required to
13   obtain a construction permit pursuant to section
14   455B.200A.  The amount of the fees shall be ten cents
15   per animal unit of capacity for confinement feeding
16   operations.
17     Sec. 6.  Section 204.4, subsections 1 and 2, Code
18   1997, is amended to read as follows:
19     1.  A county that has acquired real estate
20   containing a manure storage structure following
21   nonpayment of taxes pursuant to section 446.19, may
22   make a claim against the fund to pay the costs of
23   cleaning up the site of the confinement feeding
24   operation, including the costs of removing and
25   disposing of the manure from a manure storage
26   structure cleanup costs incurred by the county as
27   provided in section 204.5.  Each claim shall include a
28   bid by a qualified person, other than a governmental
29   entity, to remove and dispose of the manure for a
30   fixed amount specified in the bid.
31     2.  The If a county provides cleanup under section
32   204.5 after acquiring real estate following nonpayment
33   of taxes, the department shall determine if a claim is
34   eligible to be satisfied under this section
35   subsection, and do one of the following:
36     a.  Pay the amount of the claim required in this
37   section, based on the fixed amount specified in the
38   bid submitted by the county upon completion of the
39   work.
40     b.  Obtain a lower fixed amount bid for the work
41   from another qualified person, other than a
42   governmental entity, and pay the amount of the claim
43   required in this section, based on the fixed amount in
44   this bid upon completion of the work.  The department
45   is not required to comply with section 18.6 in
46   implementing this section.
47     2A.  If a county provides cleanup of a condition
48   causing a clear, present, and impending danger to the
49   public health or environment, as provided in section
50   204.5, the county may make a claim against the fund to

Page   5

 1   pay cleanup costs incurred by the county, according to
 2   procedures and requirements established by rules
 3   adopted by the department.  The department shall
 4   determine if a claim is eligible to be satisfied under
 5   this subsection, and pay the amount of the claim
 6   required in this section.
 7     Sec. 7.  NEW SECTION.  204.4A  USE OF FUND FOR
 8   EMERGENCY CLEANUP.
 9     If the department provides cleanup of a condition
10   caused by a confinement feeding operation as provided
11   in section 204.5, the department may use moneys in the
12   fund for purposes of supporting the cleanup.  The
13   department shall reimburse the fund from moneys
14   recovered by the department as reimbursement for the
15   cleanup as provided in section 204.5.
16     Sec. 8.  Section 204.5, Code 1997, is amended to
17   read as follows:
18     204.5  SITE CLEANUP.
19     1.  a.  A county which that has acquired real
20   estate containing on which there is located a
21   confinement feeding operation structure, as defined in
22   section 455B.161, following the nonpayment of taxes
23   pursuant to section 446.19, may clean up the site
24   provide for cleanup, including removing and disposing
25   of manure at any time, remediating contamination which
26   originates from the confinement feeding operation, or
27   demolishing and disposing of structures relating to
28   the confinement feeding operation.  The county may
29   seek reimbursement including by bringing an action for
30   the costs of the removal and disposal cleanup from
the
31   person abandoning the real estate.
32     b.  If the confinement feeding operation has caused
33   a clear, present, and impending danger to the public
34   health or the environment, the department may clean up
35   the confinement feeding operation and remediate
36   contamination which originates from the confinement
37   feeding operation, pursuant to sections 455B.381
38   through 455B.399.  If the department fails to commence
39   cleanup within twenty-four hours after being notified
40   of a condition requiring cleanup, the county may
41   provide for the cleanup as provided in this paragraph.
42   The department or county may seek reimbursement
43   including by bringing an action for the costs of the
44   cleanup from a person liable for causing the
45   condition.
46     2.  A person cleaning up a site confinement
feeding~ 
47   operation located on real estate acquired by a county
48   may demolish or dispose of any building or equipment
49   used in of the confinement feeding operation located
50   on the land according to rules adopted by the

Page   6

 1   department of natural resources pursuant to chapter
 2   17A, which apply to the disposal of farm buildings or
 3   equipment by an individual or business organization.
 4     Sec. 9.  NEW SECTION.  331.304A  LIMITATIONS ON
 5   COUNTY LEGISLATION.
 6     1.  As used in this section:
 7     a.  "Aerobic structure", "animal", "animal feeding
 8   operation", "animal feeding operation structure", and
 9   "manure" mean the same as defined in section 455B.161.
10     b.  "County legislation" means any ordinance,
11   motion, resolution, or amendment adopted by a county
12   pursuant to section 331.302.
13     2.  A county shall not adopt or enforce county
14   legislation regulating a condition or activity
15   occurring on land used for the production, care,
16   feeding, or housing of animals unless the regulation
17   of the production, care, feeding, or housing of
18   animals is expressly authorized by state law.  County
19   legislation adopted in violation of this section is
20   void and unenforceable and any enforcement activity
21   conducted in violation of this section is void.  A
22   condition or activity occurring on land used for the
23   production, care, feeding, or housing of animals
24   includes but is not limited to the construction,
25   operation, or management of an animal feeding
26   operation, an animal feeding operation structure, or
27   aerobic structure, and to the storage, handling, or
28   application of manure or egg washwater.
29     Sec. 10.  Section 455B.104, Code 1997, is amended
30   to read as follows:
31     455B.104  DEPARTMENTAL DUTIES - PERMITS -
32   REQUIREMENTS AND ASSISTANCE.
33     1.  The department shall either approve or deny a
34   permit to a person applying for a permit under this
35   chapter, within six months from the date that the
36   department receives a completed application for the
37   permit.  An application which is not approved or
38   denied within the six-month period shall be approved
39   by default.  The department shall issue a permit to
40   the applicant within ten days following the date of
41   default approval.  However, this section subsection
42   shall not apply to applications for permits which are
43   issued under division II, or division IV, parts 2
44   through 7.
45     2.  For five years after the date of the last
46   violation of this chapter committed by a person or by
47   a confinement feeding operation in which the person
48   holds a controlling interest during which the person
49   or confinement feeding operation was classified as a
50   habitual violator under section 455B.191, all of the

Page   7

 1   following shall apply:
 2     a.  The department may not issue a new permit under
 3   this chapter to the person or confinement feeding
 4   operation.
 5     b.  The department may revoke or refuse to renew an
 6   existing permit issued under this chapter, to the
 7   person or confinement feeding operation, if the permit
 8   relates to a confinement feeding operation, and the
 9   department determines that the continued operation of
10   the confinement feeding operation under the existing
11   permit constitutes a clear, present, and impending
12   danger to the public health or environment.
13     3.  The department shall assist persons applying
14   for assistance to establish and operate renewable fuel
15   production facilities pursuant to the value-added
16   agricultural products and processes financial
17   assistance program established in section 15E.111.
18     Sec. 11.  Section 455B.110, Code 1997, is amended
19   to read as follows:
20     455B.110  ANIMAL FEEDING OPERATIONS -COMMISSION
21  APPROVAL OF INVESTIGATIONS AND ENFORCEMENT ACTIONS.
22     1.  A person may file a complaint alleging that an
23   animal feeding operation is in violation of this
24   chapter, including rules adopted by the department, or
25   environmental standards or regulations subject to
26   federal law and enforced by the department.
27     a.  The complaint may be filed with the department
28   according to procedures required by the department or
29   with the county board of supervisors in the county
30   where the violation is alleged to have occurred,
31   according to procedures required by the board.  The
32   county auditor may accept the complaint on behalf of
33   the board.
34     b.  If the county board of supervisors receives a
35   complaint, it shall conduct a review to determine if
36   the allegation contained in the complaint constitutes
37   a violation, without investigating whether the facts
38   supporting the allegation are true or untrue.
39     (1)  If the county board of supervisors determines
40   that the allegation does not constitute a violation,
41   it shall notify the complainant, the animal feeding
42   operation which is the subject of the complaint, and
43   the department, according to rules adopted by the
44   department.
45     (2)  If the county board of supervisors determines
46   that the allegation constitutes a violation, it shall
47   forward the complaint to the department which shall
48   investigate the complaint as provided in this section.
49     c.  If the department receives a complaint from a
50   complainant or a county forwarding a complaint, the

Page   8

 1   department shall conduct an investigation of the
 2   complaint, if the department determines that the
 3   complaint is legally sufficient and an investigation
 4   is justified.  The department shall receive a
 5   complaint filed by a complainant, regardless of
 6   whether the complainant has filed a complaint with a
 7   county board of supervisors.
 8     (1)  The department in its discretion shall
 9   determine the urgency of the investigation, and the
10   time and resources required to complete the
11   investigation, based upon the circumstances of the
12   case, including the severity of a threat to the
13   quality of surface or subsurface water.
14     (2)  The department shall notify the county board
15   of supervisors in the county where the violation is
16   alleged to occur prior to investigating the premises
17   of the alleged violation.  However, the department is
18   not required to provide notice if the department
19   determines that a clear, present, and impending danger
20   to the public health or environment requires immediate
21   action.
22     (3)  The county board of supervisors may designate
23   a county employee to accompany a departmental official
24   during the investigation of the premises of a
25   confinement feeding operation.  The county designee
26   shall have the same right of access to the real estate
27   of the premises as the departmental official
28   conducting the inspection during the period that the
29   county accompanies the departmental official.
30     (4)  Upon the completion of an investigation, the
31   department shall notify the complainant of the results
32   of the investigation, including any anticipated,
33   pending, or completed enforcement action arising from
34   the investigation.  The department shall deliver a
35   copy of the notice to the animal feeding operation
36   that is the subject of the complaint and the board of
37   supervisors of the county where the violation is
38   alleged to have occurred.
39     d.  A county board of supervisors or the department
40   is not required to divulge information regarding the
41   identity of the complainant.
42     2.  When entering the premises of an animal feeding
43   operation, a person who is a departmental official, an
44   agent of the department, or a person accompanying the
45   departmental official or agent shall comply with
46   section 455B.103.  The person shall also comply with
47   standard biosecurity requirements customarily required
48   by the animal feeding operation which are necessary in
49   order to control the spread of disease among an animal
50   population.

Page   9

 1     3.  The department shall not initiate an
 2   enforcement action in response to a violation by an
 3   animal feeding operation as provided in this chapter
 4   or a rule adopted pursuant to this chapter, or request
 5   the commencement of legal action by the attorney
 6   general pursuant to section 455B.141, unless the
 7   commission has approved the intended action.  This
 8   section subsection shall not apply to an enforcement
 9   action in which the department enforces a civil
10   penalty of three thousand dollars or less.  This
11   section subsection shall also not apply to an order
to
12   terminate an emergency issued by the director pursuant
13   to section 455B.175.
14     Sec. 12.  Section 455B.161, Code 1997, is amended
15   by adding the following new subsections:
16     NEW SUBSECTION.  0A.  "Aerobic structure" means an
17   animal feeding operation structure other than an egg
18   washwater storage structure which employs bacterial
19   action which is maintained by the utilization of air
20   or oxygen and which includes aeration equipment.
21     NEW SUBSECTION.  5A.  "Cemetery" means a space held
22   for the purpose of permanent burial, entombment, or
23   interment of human remains that is owned or managed by
24   a political subdivision or private entity, or a
25   cemetery regulated pursuant to chapter 523I or 566A.
26   However, "cemetery" does not include a pioneer
27   cemetery as defined in section 331.325.
28     NEW SUBSECTION.  19A.  "Spray irrigation equipment"
29   means the same as defined in section 455B.171.
30     NEW SUBSECTION.  21.  "Unformed manure storage
31   structure" means a covered or uncovered animal feeding
32   operation structure in which manure is stored, other
33   than a formed manure storage structure, which is an
34   anaerobic lagoon, aerobic structure, or earthen manure
35   storage basin.
36     Sec. 13.  Section 455B.161, subsection 17, Code
37   1997, is amended to read as follows:
38     17.  "Public use area" means that any of the
39   following:
40     a.  A portion of land owned by the United States,
41   the state, or a political subdivision with facilities
42   which attract the public to congregate and remain in
43   the area for significant periods of time, as provided
44   by rules which shall be adopted by the department
45   pursuant to chapter 17A.
46     b.  A cemetery.
47     Sec. 14.  NEW SECTION.  455B.161A  CONFINEMENT
48   FEEDING OPERATIONS - SPECIAL TERMS.
49     For purposes of this part, all of the following
50   shall apply:

Page  10

 1     1.  Two or more confinement feeding operations are
 2   adjacent if all of the following apply:
 3     a.  An animal feeding operation structure which is
 4   part of one confinement feeding operation is located
 5   within the following distance from an animal feeding
 6   operation structure which is part of the other
 7   confinement feeding operation:
 8     (1)  One thousand two hundred fifty feet for all of
 9   the following:
10     (a)  Confinement feeding operations having an
11   animal weight capacity of less than one million two
12   hundred fifty thousand pounds for animals other than
13   bovine.
14     (b)  Confinement feeding operations having an
15   animal weight capacity of less than four million
16   pounds for bovine.
17     (2)  One thousand five hundred feet for all of the
18   following:
19     (a)  Confinement feeding operations having an
20   animal weight capacity of one million two hundred
21   fifty thousand pounds or more but less than two
22   million pounds for animals other than swine kept in a
23   farrow-to-finish operation or bovine.
24     (b)  Confinement feeding operations having an
25   animal weight capacity of one million two hundred
26   fifty thousand pounds or more but less than two
27   million five hundred thousand pounds for swine kept in
28   a farrow-to-finish operation.
29     (c)  Confinement feeding operations having an
30   animal weight capacity of four million or more pounds
31   but less than six million pounds for bovine.
32     (3)  Two thousand five hundred feet for all of the
33   following:
34     (a)  Confinement feeding operations having an
35   animal weight capacity of two million pounds or more
36   for animals other than swine kept in a farrow-to-
37   finish operation or bovine.
38     (b)  Confinement feeding operations having an
39   animal weight capacity of two million five hundred
40   thousand pounds for swine kept in a farrow-to-finish
41   operation.
42     (c)  Confinement feeding operations having an
43   animal weight capacity of six million or more pounds
44   for bovine.
45     b.  An animal feeding operation structure subject
46   to the distance requirements of this subsection is
47   constructed after March 20, 1996.
48     2.  An animal feeding operation structure is
49   "constructed" when any of the following occurs:
50     a.  Excavation for a proposed animal feeding

Page  11

 1   operation structure or proposed expansion of an
 2   existing animal feeding operation structure, including
 3   excavation for the footings of the animal feeding
 4   operation structure.
 5     b.  Forms for concrete are installed for a proposed
 6   animal feeding operation structure or the proposed
 7   expansion of an existing animal feeding operation
 8   structure.
 9     c.  Piping for the movement of manure is installed
10   within or between animal feeding operation structures
11   as proposed or proposed to be expanded.
12     Sec. 15.  Section 455B.162, unnumbered paragraph 1,
13   Code 1997, is amended to read as follows:
14     The following shall apply to animal feeding
15   operation structures:
16     1.  Except as provided in subsection 2, and
17   sections 455B.163 and 455B.165, this subsection
18   applies to animal feeding operation structures
19   constructed on or after May 31, 1995, but prior to the
20   effective date of this section; and to the expansion
21   of structures constructed on or after May 31, 1995;
22   or, except as provided in section 455B.163, to the
23   expansion of structures constructed prior to May 31,
24   1995: the effective date of this section.
25     Sec. 16.  Section 455B.162, subsection 1, Code
26   1997, is amended to read as follows:
27     1.  Except as provided in subsection 2, the
28   following table shall apply to animal feeding
29   operation structures:
30     a.  The following table represents the minimum
31   separation distance in feet required between an animal
32   feeding operation structure and a residence not owned
33   by the owner of the animal feeding operation, or a
34   commercial enterprise, bona fide religious
35   institution, or an educational institution:
36		Minimum
37 		separation
38		distance in
39		feet for
40		operations
41	Minimum	having an
42	separation	animal	Minimum
43	distance in	weight	separation
44	feet for	capacity of	distance in
45	operations	625,000 or	feet for
46	having an	more pounds	operations
47	animal	but less than	having an
48	weight	1,250,000	animal
49	capacity of	pounds for	weight
50	less than	animals other	capacity of

Page  12

 1	625,000	than bovine,	1,250,000 or
 2	pounds for	or 1,600,000	more pounds
 3	animals other	or more	for animals
 4	than bovine,	pounds but	other than
 5	or less than	less than	bovine, or
 6	1,600,000	4,000,000	4,000,000 or
 7	pounds for	pounds for	more pounds
 8   Type of structure	bovine	bovine	for bovine
 9   Anaerobic
10     lagoon	1,250	1,875	2,500
11   Uncovered earthen
12     manure storage
13     basin	1,250	1,875	2,500
14   Uncovered formed
15     manure storage
16     structure	1,000	1,500	2,000
17   Covered earthen
18     manure storage
19     basin	750	1,000	1,500
20   Covered formed
21     manure storage
22     structure	750	1,000	1,500
23   Confinement
24     building	750	1,000	1,500
25   Egg washwater
26     storage structure	750	1,000	1,500
27     1A.  Except as provided in subsection 2, and
28   sections 455B.163 and 455B.165, this subsection
29   applies to animal feeding operation structures
30   constructed on or after the effective date of this
31   section and to the expansion of structures constructed
32   on or after the effective date of this section.  The
33   following table represents the minimum separation
34   distance in feet required between an animal feeding
35   operation structure and a residence not owned by the
36   owner of the animal feeding operation, or a commercial
37   enterprise, bona fide religious institution, or an
38   educational institution:
39		Minimum
40		separation
41		distance in
42		feet for
43		operations
44	Minimum	having an
45	separation	animal	Minimum
46	distance in	weight	separation
47	feet for	capacity of	distance in
48	operations	625,000 or	feet for
49	having an	more pounds	operations
50	animal	but less than	having an

Page  13

 1	weight	1,250,000	animal
 2	capacity of	pounds for	weight
 3	less than	animals other	capacity of
 4	625,000	than bovine,   1,250,000 or
 5	pounds for	or 1,600,000   more pounds
 6	animals other	or more	for animals
 7	than bovine,	pounds but	other than
 8	or less than	less than	bovine, or
 9	1,600,000	4,000,000	4,000,000 or
10	pounds for	pounds for	more pounds
11   Type of structure	bovine	bovine	for bovine
12   Anaerobic 
13     lagoon	1,250	1,875	2,500
14   Uncovered earthen
15     manure storage
16     basin	1,250	1,875	2,500
17   Uncovered formed
18     manure storage
19     structure	1,250	1,500	2,000
20   Covered earthen 
21     manure storage
22     basin	1,000	1,250	1,875
23   Covered formed 
24     manure storage 
25     structure	1,000	1,250	1,875
26   Confinement 
27     building	1,000	1,250	1,875
28   Egg washwater
29     storage
30     structure	750	1,000	1,500
31     b. 1B.  Except as provided in subsection 2, and
32   sections 455B.163 and 455B.165, this subsection
33   applies to animal feeding operation structures
34   constructed on or after May 31, 1995; to the expansion
35   of structures constructed on or after May 31, 1995;
36   and to the expansion of structures constructed prior
37   to May 31, 1995.  The following table represents the
38   minimum separation distance in feet required between
39   animal feeding operation structures and a public use
40   area or a residence not owned by the owner of the
41   animal feeding operation, a commercial enterprise, a
42   bona fide religious institution, or an educational
43   institution located within the corporate limits of a
44   city:
45		Minimum
46 		separation
47		distance in
48		feet for
49		operations
50  	Minimum	having an

Page  14

 1	separation	animal	Minimum
 2	distance in	weight	separation
 3	feet for	capacity of	distance in
 4	operations	625,000 or	feet for
 5	having an	more pounds	operations
 6 	animal	but less than	having an
 7	weight	1,250,000	animal
 8 	capacity of	pounds for	weight
 9 	less than	animals other	capacity of
10	625,000	than bovine,	1,250,000 or
11	pounds for	or 1,600,000	more pounds
12	animals other	or more	for animals
13	than bovine,	pounds but	other than
14	or less than	less than	bovine, or
15	1,600,000	4,000,000	4,000,000 or
16	pounds for	pounds for	more pounds
17   Type of structure	bovine	bovine	for bovine
18   Animal feeding
19     operation
20     structure	1,250	1,875	2,500
21     1C.  Except as provided in section 455B.165, on and
22   after the effective date of this section an animal
23   feeding operation structure shall not be constructed
24   or expanded within one hundred feet from a
25   thoroughfare, including a road, street, or bridge
26   which is constructed or maintained by the state or a
27   political subdivision.
28     1D.  Except as provided in section 455B.165, a
29   person shall not apply liquid manure from a
30   confinement feeding operation on land located within
31   seven hundred fifty feet from a residence not owned by
32   the titleholder of the land, a commercial enterprise,
33   a bona fide religious institution, an educational
34   institution, or a public use area.
35     Sec. 17.  Section 455B.162, subsection 2, paragraph
36   a, Code 1997, is amended to read as follows:
37     a.  As used in this subsection, a "qualified
38   confinement feeding operation" means a confinement
39   feeding operation having an animal weight capacity of
40   two million or more pounds for animals other than
41   animals kept in a swine farrow-to-finish operation or
42   bovine kept in a confinement feeding operation; a
43   swine farrow-to-finish operation having an animal
44   weight capacity of two million five hundred thousand
45   or more pounds; or a confinement feeding operation
46   having an animal weight capacity of six eight
million
47   or more pounds for bovine.
48     Sec. 18.  Section 455B.163, Code 1997, is amended
49   to read as follows:
50     455B.163  SEPARATION DISTANCE REQUIREMENTS FOR

Page  15

 1   ANIMAL FEEDING OPERATIONS - EXPANSION OF STRUCTURES
 2   CONSTRUCTED PRIOR TO MAY 31, 1995 PRIOR CONSTRUCTED
 3   OPERATIONS.
 4     An animal feeding operation constructed or expanded
 5   prior to the date that a distance requirement became
 6   effective under section 455B.162 and which does not
 7   comply with the section's distance requirements of
 8   section 455B.162 on May 31, 1995, requirement may
 9   continue to operate regardless of those separation
10   distances the distance requirement.  The animal
11   feeding operation may be expanded on or after May 31,
12   1995, regardless of those separation distances, if
13   either any of the following applies:
14     1.  a.  The An animal feeding operation
structure~ 
15   as constructed or expanded prior to the effective date
16   of this section, complies with the distance
17   requirements of applying to that structure as
provided
18   in section 455B.162.
19     b.  An animal feeding operation structure as
20   constructed or expanded on or after the effective date
21   of this section complies with the distance
22   requirements applying to that structure as provided in
23   section 455B.162.
24     2.  All of the following apply to the expansion of
25   the animal feeding operation:
26     a.  No portion of the animal feeding operation
27   after expansion is closer than before expansion to a
28   location or object for which separation is required
29   under section 455B.162.
30     b.  The animal weight capacity of the animal
31   feeding operation as expanded is not more than the
32   lesser of the following:
33     (1)  Double its capacity on May 31, 1995, for an
34   animal feeding operation structure constructed prior
35   to the effective date of this section, or on the
36   effective date of this section, for an animal feeding
37   operation structure constructed on or after the
38   effective date of this section.
39     (2)  Either of the following:
40     (a)  Six hundred twenty-five thousand pounds animal
41   weight capacity for animals other than bovine.
42     (b)  One million six hundred thousand pounds animal
43   weight capacity for bovine.
44     3.  The animal feeding operation was constructed
45   prior to the effective date of this section and is
46   expanded by replacing one or more unformed manure
47   storage structures with one or more formed manure
48   storage structures, if all of the following apply:
49     a.  The animal weight capacity is not increased for
50   that portion of the animal feeding operation that

Page  16

 1   utilizes all replacement formed manure storage
 2   structures.
 3     b.  Use of each replaced unformed manure storage
 4   structure is discontinued within one year after the
 5   construction of the replacement formed manure storage
 6   structure.
 7     c.  The capacity of all replacement formed manure
 8   storage structures does not exceed the amount required
 9   to store manure produced by that portion of the animal
10   feeding operation utilizing the formed manure storage
11   structures during any fourteen-month period.
12     d.  No portion of the replacement formed manure
13   storage structure is closer to an object or location
14   for which separation is required under section
15   455B.162 than any other animal feeding operation
16   structure which is part of the operation.
17     Sec. 19.  Section 455B.164, Code 1997, is amended
18   to read as follows:
19     455B.164  DISTANCE MEASUREMENTS.
20     All distances between locations or objects provided
21   in this part shall be measured from their closest
22   points, as provided by rules adopted by the
23   department.  However, a distance between a
24   thoroughfare and an animal feeding operation structure
25   shall be measured from the portion of the right-of-way
26   which is closest to the animal feeding operation
27   structure.
28     Sec. 20.  Section 455B.165, subsections 2, 3, and
29   5, Code 1997, are amended to read as follows:
30     2.  A confinement feeding operation structure,
31   other than an earthen manure storage basin, if the
32   structure is part of a confinement feeding operation
33   which qualifies as a small animal feeding operation.
34   However, this subsection shall not apply if the
35   confinement feeding operation structure is an unformed
36   manure storage structure.
37     3.  a.  An animal feeding operation structure which
38   is constructed or expanded, if the titleholder of the
39   land benefiting from the distance separation
40   requirement executes a written waiver with the
41   titleholder of the land where the structure is
42   located,.  If an animal feeding operation structure is
43   constructed or expanded within the separation distance
44   required between an animal feeding operation structure
45   and a thoroughfare as required pursuant to section
46   455B.162, the state or a political subdivision
47   constructing or maintaining the thoroughfare
48   benefiting from the distance separation requirement
49   may execute a written waiver with the titleholder of
50   the land where the structure is located.  The animal

Page  17

 1   feeding operation structure shall be constructed or
 2   expanded under such terms and conditions that the
 3   parties negotiate.
 4     b.  The A written waiver under this
subsection
 5   becomes effective only upon the recording of the
 6   waiver in the office of the recorder of deeds of the
 7   county in which the benefited land is located.  The
 8   filed waiver shall preclude enforcement by the state
 9   of this part section 455B.162 as it relates to a
10   distance requirement between the animal feeding
11   operation structure and the location or object
12   benefiting from the separation distance requirement.
13     5.  An animal feeding operation structure which is
14   located constructed or expanded within any distance
15   from a residence, educational institution, commercial
16   enterprise, bona fide religious institution, city, or
17   public use area, if the residence, educational
18   institution, commercial enterprise, or bona fide
19   religious institution was constructed or expanded, or
20   the boundaries of the city or public use area were
21   expanded, after the date that the animal feeding
22   operation was established.  The date the animal
23   feeding operation was established is the date on which
24   the animal feeding operation commenced operating.  A
25   change in ownership or expansion of the animal feeding
26   operation shall not change the established date of
27   operation.
28     Sec. 21.  Section 455B.165, Code 1997, is amended
29   by adding the following new subsections:
30     NEW SUBSECTION.  3A.  An animal feeding operation
31   structure which is constructed or expanded within a
32   separation distance required between an animal feeding
33   operation structure and a thoroughfare as required
34   pursuant to section 455B.162, if permanent vegetation
35   stands between the animal feeding operation structure
36   and that part of the right-of-way from which the
37   separation distance is measured as provided in section
38   455B.164.  The permanent vegetation must stand along
39   the full length of the animal feeding operation
40   structure.  The permanent vegetation must be at least
41   seedlings and have a mature predicted height of at
42   least twenty feet.  The department shall adopt rules
43   to carry out this subsection.
44     NEW SUBSECTION.  6.  The application of liquid
45   manure on land within a separation distance required
46   between the applied manure and an object or location
47   for which separation is required under section
48   455B.162, if any of the following apply:
49     a.  The liquid manure is injected into the soil or
50   incorporated within the soil not later than twenty-

Page  18

 1   four hours from the original application, as provided
 2   by rules adopted by the commission.
 3     b.  The titleholder of the land benefiting from the
 4   separation distance requirement executes a written
 5   waiver with the titleholder of the land where the
 6   manure is applied.
 7     c.  The liquid manure originates from a small
 8   animal feeding operation.
 9     d.  The liquid manure is applied by spray
10   irrigation equipment using a center pivot mechanism as
11   provided by rules adopted by the department, if all of
12   the following apply:
13     (1)  The spray irrigation equipment uses hoses
14   which discharge the liquid manure in a downward
15   direction at a height of not more than nine feet above
16   the soil.
17     (2)  The spray irrigation equipment disperses
18   manure through an orifice at a rate of not more than
19   twenty-five pounds per square inch.
20     (3)  The liquid manure is not applied within two
21   hundred fifty feet from a residence not owned by the
22   titleholder of the land, a commercial enterprise, a
23   bona fide religious institution, an educational
24   institution, or a public use area.
25     NEW SUBSECTION.  7.  The distance between an animal
26   feeding operation structure and a cemetery, if any of
27   the following applies:
28     a.  The animal feeding operation structure was
29   constructed or expanded prior to the effective date of
30   this section of this Act.
31     b.  The construction or expansion of the animal
32   feeding operation structure began prior to the
33   effective date of this section of this Act.
34     Sec. 22.  Section 455B.171, Code Supplement 1997,
35   is amended by adding the following new subsections:
36     NEW SUBSECTION.  0A.  "Aerobic structure" means the
37   same as defined in section 455B.161.
38     NEW SUBSECTION.  1A.  "Anaerobic lagoon" means the
39   same as defined in section 455B.161.
40     NEW SUBSECTION.  2A.  "Animal feeding operation
41   structure" means the same as defined in section
42   455B.161.
43     NEW SUBSECTION.  3A.  "Commercial manure
44   applicator" means a person who engages in the business
45   of and charges a fee for applying manure on the land
46   of another person.
47     NEW SUBSECTION.  7A.  "Earthen manure storage
48   basin" means the same as defined in section 455B.161.
49     NEW SUBSECTION.  12A.  "Manure storage structure"
50   means an animal feeding operation structure used to

Page  19

 1   store manure as part of a confinement feeding
 2   operation, including but not limited to a formed or
 3   unformed manure storage structure.
 4     NEW SUBSECTION.  23A.  "Restricted spray irrigation
 5   equipment" means spray irrigation equipment which
 6   disperses manure through an orifice at a rate of
 7   eighty pounds per square inch or more.
 8     NEW SUBSECTION.  31A.  "Spray irrigation equipment"
 9   means mechanical equipment used for the aerial
10   application of manure, if the equipment receives
11   manure from a manure storage structure during
12   application via a pipe or hose connected to the
13   structure, and includes a type of equipment
14   customarily used for the aerial application of water
15   to aid the growing of general farm crops.
16     NEW SUBSECTION.  32A.  "Unformed manure storage
17   structure" means the same as defined in section
18   455B.161.
19     Sec. 23.  Section 455B.173, subsection 13, Code
20   1997, is amended by striking the subsection and
21   inserting in lieu thereof the following:
22     13.  Adopt, modify, or repeal rules relating to the
23   construction or operation of animal feeding
24   operations, as provided in sections relating to animal
25   feeding operations provided in this part.
26     Sec. 24.  Section 455B.191, subsection 7,
27   unnumbered paragraph 2, Code 1997, is amended to read
28   as follows:
29     This subsection shall not apply unless the
30   department of natural resources has previously
31   notified the person of the person's classification as
32   a habitual violator as provided in section 455B.173.
33   The department shall notify persons classified as
34   habitual violators of their classification, additional
35   restrictions imposed upon the persons pursuant to
36   their classification, and special civil penalties that
37   may be imposed upon the persons.  The notice shall be
38   sent to the persons by certified mail.
39     Sec. 25.  NEW SECTION.  455B.200  GENERAL.
40     The commission shall establish by rule adopted
41   pursuant to chapter 17A, requirements relating to the
42   construction, including expansion, or operation of
43   animal feeding operations, including related animal
44   feeding operation structures.  The requirements shall
45   include but are not limited to minimum manure control,
46   the issuance of permits, and departmental
47   investigations, inspections, and testing.
48     Sec. 26.  NEW SECTION.  455B.200A  PERMIT
49   REQUIREMENTS.
50     1.  The department shall issue permits for the

Page  20

 1   construction, including the expansion, of animal
 2   feeding operation structures, including structures
 3   which are part of confinement feeding operations, as
 4   provided by rules adopted pursuant to section
 5   455B.200.  The department shall issue a permit to an
 6   animal feeding operation if an application is
 7   submitted according to procedures required by the
 8   department and the application meets standards
 9   established by the department, regardless of whether
10   the animal feeding operation is required to obtain
11   such a permit.  The department shall not require that
12   a person obtain a permit for the construction of an
13   animal feeding operation structure if the structure is
14   part of a small animal feeding operation.  For
15   purposes of this section, an animal feeding operation
16   structure includes a manure storage structure.
17     2.  The department shall not issue a permit for the
18   construction of an animal feeding operation structure
19   which is part of a confinement feeding operation
20   unless the person submits all of the following:
21     a.  An indemnity fee as provided in section 204.3
22   which the department shall deposit into the manure
23   storage indemnity fund created in section 204.2.
24     b.  A manure management plan as provided in section
25   455B.203.
26     3.  The department shall not issue a permit for the
27   construction of three or more animal feeding operation
28   structures unless the applicant files a statement
29   approved by a professional engineer registered
30   pursuant to chapter 542B certifying that the
31   construction of the animal feeding operation
32   structures will not impede the drainage through
33   established drainage tile lines which cross property
34   boundary lines unless measures are taken to
35   reestablish the drainage prior to completion of
36   construction.
37     4.  Prior to issuing a permit to a person for the
38   construction of an animal feeding operation, the
39   department may require the installation and operation
40   of a hydrological monitoring system for an exclusively
41   earthen manure storage structure according to rules
42   which shall be adopted by the department.
43     5.  An applicant for a construction permit shall
44   not begin construction at the location of a site
45   planned for the construction of an animal feeding
46   operation structure until the person has been granted
47   a permit for the construction of the animal feeding
48   operation structure by the department.
49     6.  The department shall make a determination
50   regarding the approval or denial of a permit within

Page  21

 1   sixty days from the date that the department receives
 2   a completed application for a permit.
 3     7.  The department shall deliver a copy or require
 4   the applicant to deliver a copy of the application for
 5   a construction permit for the construction of a
 6   confinement feeding operation or related animal
 7   feeding operation structure, including supporting
 8   documents, to the county board of supervisors in the
 9   county where the confinement feeding operation or
10   related animal feeding operation structure subject to
11   the permit is proposed to be constructed.
12     The county auditor may accept the application on
13   behalf of the board.  If the department requires the
14   applicant to deliver a copy of the application to the
15   county board of supervisors, the county shall notify
16   the department that it has received the application
17   according to procedures required by the department.
18     a.  The county board of supervisors shall provide
19   for comment as follows:
20     (1)  The board shall publish a notice that it has
21   received the application in a newspaper having a
22   general circulation in the county.  The notice shall
23   include all of the following:
24     (a)  The name of the person applying to receive the
25   construction permit.
26     (b)  The name of the township where the confinement
27   feeding operation or animal feeding operation is to be
28   constructed or expanded.
29     (c)  Each type of animal feeding operation proposed
30   to be constructed or expanded.
31     (d)  The animal weight capacity of the confinement
32   feeding operation if the construction permit is
33   approved.
34     (e)  The time when and the place where the
35   application may be examined as provided in section
36   22.2.
37     (f)  Procedures for providing public comments to
38   the board of supervisors, as provided by the board.
39     (2)  The board may hold a public hearing to receive
40   public comments regarding the application for the
41   construction permit.  The county board of supervisors
42   may submit comments by the board and the public to the
43   department as provided in this section, including but
44   not limited to all of the following:
45     (a)  The existence of an object or location not
46   included in the construction permit application which
47   benefits from a separation distance requirement as
48   provided in section 455B.162 or 455B.204.
49     (b)  The suitability of soils and the hydrology of
50   the site where construction or expansion of a

Page  22

 1   confinement feeding operation or related animal
 2   feeding operation structure is proposed.
 3     (c)  The availability of land for the application
 4   of manure originating from the confinement feeding
 5   operation.
 6     (d)  Whether the construction or expansion of a
 7   proposed animal feeding operation structure will
 8   impede drainage through established tile lines,
 9   laterals, or other improvements which are constructed
10   to facilitate the drainage of land not owned by the
11   person applying for the construction permit.
12     b.  The department shall notify the county board of
13   supervisors at least three days prior to conducting an
14   inspection of the site that the construction is
15   proposed in the permit application.  The county board
16   of supervisors may designate a county employee to
17   accompany a departmental official during the site
18   inspection.  The county designee shall have the same
19   right to access to the site's real estate as the
20   departmental official conducting the inspection during
21   the period that the county designee accompanies the
22   departmental official.
23     c.  The department shall not approve the
24   application until thirty days following delivery of
25   the application to the county board of supervisors.
26     d.  The department shall consider and respond to
27   comments submitted by the county board of supervisors
28   regarding compliance by the applicant with the legal
29   requirements for approving the construction permit as
30   provided in this chapter, including rules adopted by
31   the department pursuant to section 455B.200, if the
32   comments are delivered to the department within thirty
33   days after receipt of the application by the county
34   board of supervisors.  Upon written request by a
35   county resident, the county board of supervisors shall
36   forward a copy of the board's comments and the
37   department's responses to the county resident as
38   provided in chapter 22.
39     8.  The department shall notify the county board of
40   supervisors of the county where a confinement feeding
41   operation or related animal feeding operation
42   structure subject to a construction permit is proposed
43   to be constructed.  The notice shall state the
44   department's decision to approve or disapprove an
45   application for the construction permit.  The notice
46   shall be delivered to the county within three days
47   following the department's decision.  The county board
48   of supervisors may contest the decision by filing a
49   demand for a hearing before the commission as provided
50   by rules adopted by the department in conformance with

Page  23

 1   chapter 17A.  In contesting the decision, the county
 2   shall submit a statement to the department, providing
 3   all reasons why the application should be approved or
 4   disapproved according to legal requirements provided
 5   in this chapter.
 6     a.  The county board of supervisors must contest
 7   the decision within fourteen days following receipt of
 8   the department's notice to approve or disapprove the
 9   application.
10     b.  The contested decision shall be heard by the
11   commission according to procedures adopted by the
12   commission.  The commission may hear the case as a
13   contested case proceeding under chapter 17A.  The
14   commission shall render a decision within thirty-five
15   days from the date that the county board of
16   supervisors files a demand for a hearing.  The
17   decision of the commission shall be final agency
18   action under chapter 17A.
19     9.  a.  The department shall not issue a permit to
20   a person under this section if an enforcement action
21   by the department, relating to a violation of this
22   chapter concerning a confinement feeding operation in
23   which the person has an interest, is pending, as
24   provided in section 455B.202.
25     b.  The department shall not issue a permit to a
26   person under this section for five years after the
27   date of the last violation committed by a person or
28   confinement feeding operation in which the person
29   holds a controlling interest during which the person
30   or operation was classified as a habitual violator
31   under section 455B.191.
32     Sec. 27.  NEW SECTION.  455B.200B  CONFINEMENT
33   FEEDING OPERATIONS - SPECIAL TERMS.
34     For purposes of this part, all of the following
35   shall apply:
36     1.  Two or more confinement feeding operations are
37   adjacent if any of the following apply:
38     a.  All of the following apply:
39     (1)  An animal feeding operation structure which is
40   part of one confinement feeding operation is located
41   within one thousand two hundred fifty feet from an
42   animal feeding operation structure which is part of
43   the other confinement feeding operation.
44     (2)  The confinement feeding operations have a
45   combined animal weight capacity of the following:
46     (a)  For animals other than bovine, less than six
47   hundred twenty-five thousand pounds.
48     (b)  For bovine, less than one million six hundred
49   thousand pounds.
50     (3)  An animal feeding operation structure subject

Page  24

 1   to the distance requirements of this paragraph must be
 2   constructed or expanded on or after the effective date
 3   of this section.
 4     b.  All of the following apply:
 5     (1)  An animal feeding operation structure which is
 6   part of one confinement feeding operation is located
 7   within two thousand five hundred feet from an animal
 8   feeding operation structure which is part of the other
 9   confinement feeding operation.
10     (2)  The confinement feeding operations have a
11   combined animal weight capacity of the following:
12     (a)  For animals other than bovine, six hundred
13   twenty-five thousand pounds or more.
14     (b)  For bovine, one million six hundred thousand
15   pounds or more.
16     (3)  An animal feeding operation structure subject
17   to the distance requirements of this paragraph must be
18   constructed on or after the effective date of this
19   section.
20     2.  An animal feeding operation structure is
21   "constructed" in the same manner as provided in
22   section 455B.161A.
23     Sec. 28.  Section 445B.201, subsection 4, Code
24   1997, is amended by striking the subsection.
25     Sec. 29.  Section 455B.202, Code Supplement 1997,
26   is amended to read as follows:
27     455B.202  CONFINEMENT FEEDING OPERATIONS - PENDING
28   ACTIONS AND HABITUAL VIOLATORS.
29     1.  As used in this section, "construction" means
30   the same as defined by rules adopted by the department
31   applicable to the construction of animal feeding
32   operation structures as provided in this part unless
33   the context otherwise requires:.
34     a.  "Habitual violator" means a person classified
35   as a habitual violator pursuant to section 455B.191.
36     b.  "Operation of law" means a transfer by
37   inheritance, devise or bequest, court order,
38   dissolution decree, order in bankruptcy, insolvency,
39   replevin, foreclosure, execution sale, the execution
40   of a judgment, the foreclosure of a real estate
41   mortgage, the forfeiture of a real estate contract, or
42   a transfer resulting from a decree for specific
43   performance.
44     c.  "Suspect site" means a confinement feeding
45   operation or land where a confinement feeding
46   operation could be constructed, if the site is subject
47   to a suspect transaction.
48     d.  "Suspect transaction" means a transaction in
49   which a habitual violator does any of the following:
50     (1)  Transfers a controlling interest in a suspect

Page  25

 1   site to any of the following:
 2     (a)  An employee of the habitual violator or
 3   business in which the person holds a controlling
 4   interest.
 5     (b)  A person who holds an interest in a business,
 6   including a confinement feeding operation, in which
 7   the habitual violator holds a controlling interest.
 8     (c)  A person related to the habitual violator as
 9   spouse, parent, grandparent, lineal ascendant of a
10   grandparent or spouse and any other lineal descendant
11   of the grandparent or spouse, or a person acting in a
12   fiduciary capacity for a related person.  This
13   paragraph does not apply to a transaction completed by
14   an operation of law.
15     (2)  Provides financing for the construction or
16   operation of a confinement feeding operation to any
17   person, by providing a contribution or loan to the
18   person, or providing cash or other tangible collateral
19   for a contribution or loan made by a third person.
20     e.  "Transaction" includes a transfer in any manner
21   or by any means, including any of the following:
22     (1)  Delivery and acceptance between two parties,
23   including by contract or agreement with or without
24   consideration, including by sale, exchange, barter, or
25   gift.
26     (2)  An operation of law.
27     2.  a.  A person shall not construct or expand an
28   animal feeding operation structure which is part of a
29   confinement feeding operation, if the person is a
any
30   of the following:
31     (1)  A party to a pending action for a violation of
32   this chapter concerning a confinement feeding
33   operation in which the person has a controlling
34   interest and the action is commenced in district court
35   by the attorney general.
36     (2)  A habitual violator.
37     b.  A person shall not construct or expand an
38   animal feeding operation structure which is part of a
39   confinement feeding operation for five years after the
40   date of the last violation committed by a person or
41   confinement feeding operation in which the person
42   holds a controlling interest during which the person
43   or operation was classified as a habitual violator
44   under section 455B.191.
45     3. c.  This section subsection shall not
prohi bit a
46   person from completing the construction or expansion
47   of an animal feeding operation structure, if any of
48   the following apply:
49     a. (1)  The person has an unexpired permit for the
50   construction or expansion of the animal feeding

Page  26

 1   operation structure.
 2     b. (2)  The person is not required to obtain a
 3   permit for the construction or expansion of the animal
 4   feeding operation structure.
 5     d.  For purposes of this subsection, "construct" or
 6   "expand" includes financing and contracting to build
 7   an animal feeding operation structure regardless of
 8   whether the person subsequently leases, owns, or
 9   operates the animal feeding operation structure.
10     3.  A person who receives a controlling interest in
11   a suspect site pursuant to a suspect transaction must
12   submit a notice of the transaction to the department
13   within thirty days.  If, after notice and opportunity
14   to be heard, pursuant to the contested case provisions
15   of chapter 17A, the department finds that one purpose
16   of the transaction was to avoid the conditions and
17   enhanced penalties imposed upon a habitual violator,
18   the person shall be subject to the same conditions and
19   enhanced penalties as applied to the habitual violator
20   at the time of the transaction.
21     4.  The department shall conduct an annual review
22   of each confinement feeding operation which is a
23   habitual violator and each confinement feeding
24   operation in which a habitual violator holds a
25   controlling interest.
26     Sec. 30.  Section 455B.203, subsection 1, Code
27   1997, is amended to read as follows:
28     1.  In order to receive The following persons
shall
29   submit a manure management plan to the department:
30     a.  The owner of a confinement feeding operation,
31   other than a small animal feeding operation, if the
32   animal feeding operation was constructed after May 31,
33   1985, regardless of whether the confinement feeding
34   operation was required to be constructed pursuant to a
35   construction permit approved by rules adopted by the
36   department.
37     b.  The owner of a confinement feeding operation,
38   if the confinement feeding operation is required to be
39   constructed pursuant to a permit issued by the
40   department pursuant to section 455B.200A.
41     c.  A person who applies manure from a confinement
42   feeding operation, other than a small animal feeding
43   operation, which is located in another state, if the
44   manure is applied on land located in this state.
45     1A.  A person shall not remove manure from a manure
46   storage structure which is part of a confinement
47   feeding operation for which a manure management plan
48   is required under this section, unless the department
49   approves a manure management plan submitted by the
50   owner of the confinement feeding operation as provided

Page  27

 1   by the department on forms prescribed by the
 2   department.  The department may adopt rules allowing a
 3   person to remove manure from a manure storage
 4   structure until the manure management plan is approved
 5   or disapproved by the department according to terms
 6   and conditions required by rules adopted by the
 7   department.  The department shall approve or
 8   disapprove a manure management plan within sixty days
 9   of the date that the department receives a completed
10   plan.  The department shall not issue a permit for the
11   construction of a confinement feeding operation or a
12   related animal feeding operation structure unless the
13   applicant submits a manure management plan together
14   with an application as provided in section 455B.173,
a
15   person shall submit a manure management plan to the
16   department together with the application for a
17   construction permit 455B.200A.
18     Sec. 31.  Section 455B.203, subsection 4,
19   unnumbered paragraph 1, Code 1997, is amended to read
20   as follows:
21     A person receiving a permit for the construction of
22   a confinement feeding operation required to submit a
23   manure management plan to the department shall
24   maintain a current manure management plan and maintain
25   records sufficient to demonstrate compliance with the
26   manure management plan.  Chapter 22 shall not apply to
27   the records which shall be kept confidential by the
28   department and its agents and employees.  The contents
29   of the records are not subject to disclosure except as
30   follows:
31     Sec. 32.  Section 455B.203, subsection 5, Code
32   1997, is amended to read as follows:
33     5.  The department may inspect the confinement
34   feeding operation at any time during normal working
35   hours, and may inspect records required to be
36   maintained as part of the manure management plan.  The
37   department shall regularly inspect a confinement
38   feeding operation if the operation or a person holding
39   a controlling interest in the operation is classified
40   as a habitual violator pursuant to section 455B.191.
41   The department shall assess and the confinement
42   feeding operation shall pay the actual costs of the
43   inspection.  However, in order to access the
44   operation, the departmental inspector must comply with
45   standard disease control restrictions customarily
46   required by the operation.  The department shall
47   comply with section 455B.103 in conducting an
48   investigation of the premises where the animals are
49   kept.
50     Sec. 33.  NEW SECTION.  455B.203A  MANURE

Page  28

 1   APPLICATORS CERTIFICATION.
 2     1.  As used in this section, unless the context
 3   otherwise requires:
 4     a.  "Commercial manure applicator" means the same
 5   as defined in section 455B.171.
 6     b.  "Confinement site" means a site where there is
 7   located a manure storage structure which is part of a
 8   confinement feeding operation, other than a small
 9   animal feeding operation.
10     c.  "Confinement site manure applicator" means a
11   person who applies manure stored at a confinement site
12   other than a commercial manure applicator.
13     2.  a.  A commercial manure applicator shall not
14   apply manure to land, unless the person is certified
15   pursuant this section.
16     b.  A confinement site manure applicator shall not
17   apply manure to land, unless the person is certified
18   pursuant to this section.
19     3.  a.  A person required to be certified as a
20   commercial manure applicator must be certified by the
21   department each year.  The person shall be certified
22   after completing an educational program which shall
23   consist of an examination required to be passed by the
24   person or three hours of continuing instructional
25   courses which the person must attend each year in lieu
26   of passing the examination.
27     b.  A person required to be certified as a
28   confinement site manure applicator must be certified
29   by the department each three years.  The person shall
30   be certified after completing an educational program
31   which shall consist of an examination required to be
32   passed by the person or two hours of continuing
33   instructional courses which the person must attend
34   each year in lieu of passing the examination.
35     4.  The department shall adopt, by rule,
36   requirements for the certification, including
37   educational program requirements.  The department may
38   establish different educational programs designed for
39   commercial manure applicators and confinement site
40   manure applicators.  The department shall adopt rules
41   necessary to administer this section, including
42   establishing certification standards, which shall at
43   least include standards for the handling, application,
44   and storage of manure, the potential effects of manure
45   upon surface water and groundwater, and procedures to
46   remediate the potential effects on surface water or
47   groundwater.
48     a.  The department shall adopt by rule criteria for
49   allowing a person required to be certified to complete
50   either a written or oral examination.

Page  29

 1     b.  The department shall administer the continuing
 2   instructional courses, by either teaching the courses
 3   or selecting persons to teach the courses, according
 4   to criteria as provided by rules adopted by the
 5   department.  The department shall, to the extent
 6   possible, select persons to teach the continuing
 7   instructional courses.  The department is not required
 8   to compensate persons to teach the continuing
 9   instructional courses.  In selecting persons, the
10   department shall consult with organizations interested
11   in the application of manure, including associations
12   representing manure applicators and associations
13   representing agricultural producers.  The Iowa
14   cooperative extension service in agriculture and home
15   economics of Iowa state university of science and
16   technology shall cooperate with the department in
17   administering the continuing instructional courses.
18   The Iowa cooperative extension service may teach
19   continuing instructional courses, train persons
20   selected to teach courses, or distribute informational
21   materials to persons teaching the courses.
22     c.  The department, in administering the
23   certification program under this section, and the
24   department of agriculture and land stewardship in
25   administering the certification program for pesticide
26   applicators may cooperate together.
27     5.  a.  This section shall not require a person to
28   be certified as a commercial manure applicator if any
29   of the following applies:
30     (1)  The person is any of the following:
31     (a)  Actively engaged in farming who trades work
32   with another such person.
33     (b)  Employed by a person actively engaged in
34   farming not solely as a manure applicator who applies
35   manure as an incidental part of the person's general
36   duties.
37     (c)  Engaged in applying manure as an incidental
38   part of a custom farming operation.
39     (d)  Engaged in applying manure as an incidental
40   part of a person's duties as provided by rules adopted
41   by the department providing for an exemption.
42     (2)  The person applies manure for a period of
43   thirty days from the date of initial employment as a
44   commercial manure applicator if the person applying
45   the manure is acting under the instructions and
46   control of a certified commercial manure applicator
47   who is both of the following:
48     (a)  Physically present at the site where the
49   manure is located.
50     (b)  In sight or hearing distance of the supervised

Page  30

 1   person.
 2     b.  This section shall not require a person to be
 3   certified as a confinement site manure applicator if
 4   all of the following apply:
 5     (1)  The person is a part-time employee of a
 6   confinement site manure applicator.
 7     (2)  The person is acting under the instructions
 8   and control of a certified commercial manure
 9   applicator who is both of the following:
10     (a)  Physically present at the site where the
11   manure is located.
12     (b)  In sight or hearing distance of the supervised
13   person.
14     6.  a.  The department may charge a fee for
15   certifying persons under this section.  The fee for
16   certification shall be based on the costs of
17   administering and enforcing this section and paying
18   the expenses of the department relating to
19   certification.
20     b.  All moneys received by the department under the
21   provisions of this chapter shall be handled in the
22   same manner as repayment receipts, as defined in
23   section 8.2, and shall be used solely for the
24   administration and enforcement of this chapter.
25     Sec. 34.  NEW SECTION.  455B.203B  APPLICATION
26   REQUIREMENTS.
27     1.  The department shall adopt rules governing the
28   application of manure originating from an anaerobic
29   lagoon or aerobic structure which is part of a
30   confinement feeding operation.  The rules shall
31   establish application rates and practices to minimize
32   groundwater or surface water pollution resulting from
33   application, including pollution caused by runoff or
34   other manure flow resulting from precipitation events.
35   The rules shall establish different application rates
36   and practices based on the water holding capacity of
37   the soil at the time of application.
38     2.  A person shall not apply manure by spray
39   irrigation equipment, except as provided by rules
40   adopted by the department pursuant to chapter 17A.
41   However, a person shall not use restricted spray
42   irrigation equipment to apply manure originating from
43   a confinement feeding operation, unless the manure has
44   been diluted as provided by rules adopted by the
45   department, including diluted by use of an anaerobic
46   lagoon.
47     Sec. 35.  Section 455B.204, Code 1997, is amended
48   to read as follows:
49     455B.204  DISTANCE REQUIREMENTS.
50     1.  An animal feeding operation structure shall be

Page  31

 1   located at least five hundred feet away from the
 2   surface intake of an agricultural drainage well or
 3   known sinkhole, and at least two hundred feet away
 4   from As used in this section, unless the context
 5   otherwise requires:
 6     a.  "Major water source" means a lake, reservoir,
 7   river, or stream located within the territorial limits
 8   of the state, any marginal river area adjacent to the
 9   state, which can support a floating vessel capable of
10   carrying one or more persons during a total of a six-
11   month period in one out of ten years, excluding
12   periods of flooding which has been identified by rules
13   adopted by the commission.
14     b.  "Watercourse" means any lake, river, creek,
15   ditch, or other body of water or channel having
16   definite banks and bed with water flow or the
17   occurrence of water, except lakes or ponds without
18   outlet to which only one landowner is riparian.
19     2.  Except as provided in subsection 3, the
20   following shall apply:
21     a.  An animal feeding operation structure shall not
22   be constructed closer than five hundred feet away from
23   a surface intake, wellhead, or cistern of an
24   agricultural drainage well or known sinkhole.
25     b.  An animal feeding operation structure shall not
26   be constructed if the animal feeding operation
27   structure as constructed is closer than any of the
28   following:
29     (1)  Two hundred feet away from a watercourse other
30   than a major water source.
31     (2)  Five hundred feet away from a major water
32   source.
33     c.  A watercourse, other than a major water source,
34   shall not be constructed, expanded, or diverted, if
35   the watercourse as constructed, expanded, or diverted
36   is closer than two hundred feet away from an animal
37   feeding operation structure.
38     d.  A major water source shall not be constructed,
39   expanded, or diverted, if the water source as
40   constructed, expanded, or diverted is closer than five
41   hundred feet from an animal feeding operation
42   structure.
43     3.  However, no distance A separation is
distance
44   required between a in subsection 2 shall not apply
to
45   any of the following:
46     a.  A location or object and a farm pond or
47   privately owned lake, as defined in section 462A.2.
48     b.  A manure storage structure constructed with a
49   secondary containment barrier.  The department shall
50   adopt rules providing for the construction and use of

Page  32

 1   a secondary containment barrier, including design
 2   standards.
 3     4.  All distances between locations or objects
 4   shall be measured from their closest points, as
 5   provided by rules adopted by the department.
 6     2.  A person shall not dispose of manure closer to
 7   a designated area than provided in section 159.27.
 8     5.  A person shall not construct or expand an
 9   unformed manure storage structure within an
10   agricultural drainage well area as provided in section
11   455I.5.
12     Sec. 36.  NEW SECTION.  455B.205  MANURE STORAGE
13   STRUCTURES - CONSTRUCTION STANDARDS - INSPECTIONS.
14     1.  The department shall establish by rule
15   engineering standards for the construction of manure
16   storage structures required to be constructed pursuant
17   to a permit issued under section 455B.200A.
18     2.  The design standards for unformed manure
19   storage structures established by the department shall
20   account for special design characteristics of animal
21   feeding operations, including all of the following:
22     a.  The lining of the structure shall be
23   constructed with materials deemed suitable by the
24   department in order to minimize seepage loss through
25   the lining's seal.
26     b.  The structure shall be constructed with
27   materials deemed suitable by the department in order
28   to control erosion on the structure's berm, side
29   slopes, and base.
30     c.  The structure shall be constructed to minimize
31   seepage into near-surface water sources.
32     d.  The top of the floor of the structure's liner
33   must be above the groundwater table as determined by
34   the department.  If the groundwater table is less than
35   two feet below the top of the liner's floor, the
36   structure shall be installed with a synthetic liner.
37   If the department allows an unformed manure storage
38   structure to be located at a site by permanently
39   lowering the groundwater table, the department shall
40   confirm that the proposed system meets standards
41   necessary to ensure that the structure does not
42   pollute groundwater sources.  If the department allows
43   drain tile installed to lower a groundwater table to
44   remain where located, the department shall require
45   that a device be installed to allow monitoring of the
46   water in the drain tile line.  The department shall
47   also require the installation of a device to allow
48   shutoff of the drain tile lines, if the drain tile
49   lines do not have a surface outlet accessible on the
50   property where the structure is located.

Page  33

 1     3.  a.  The department shall conduct a routine
 2   inspection of each unformed manure storage structure
 3   at least once each year.  A routine inspection
 4   conducted pursuant to this subsection shall be limited
 5   to a visual inspection of the site where the unformed
 6   manure storage structure is located.  The department
 7   shall inspect the site at a reasonable time after
 8   providing at least twenty-four hours' notice to the
 9   person owning or managing the confinement feeding
10   operation.  The visual inspection shall include, but
11   not be limited to, determining whether any of the
12   following exists:
13     (1)  An adequate freeboard level.
14     (2)  The seepage of manure from the unformed manure
15   storage structure.
16     (3)  Erosion.
17     (4)  Inadequate vegetation cover.
18     (5)  The presence of an opening allowing manure to
19   drain from the unformed manure storage structure.
20     b.  Nothing in this subsection restricts the
21   department from conducting an inspection of an animal
22   feeding operation which is not routine.
23     Sec. 37.  NEW SECTION.  455B.206  EXCEPTION TO
24   REGULATION.
25     1.  As used in this section, "research college"
26   means an accredited public or private college or
27   university, including but not limited to a university
28   under the control of the state board of regents as
29   provided in chapter 262, or a community college under
30   the jurisdiction of a board of directors for a merged
31   area as provided in chapter 260C, if the college or
32   university performs research or experimental
33   activities regarding animal agriculture or agronomy.
34     2.  The requirements of this part which regulate
35   animal feeding operations, including rules adopted by
36   the department pursuant to section 455B.200, shall not
37   apply to research activities and experiments performed
38   under the authority and regulations of a research
39   college, if the research activities and experiments
40   relate to animal feeding operations, including but not
41   limited to the confinement of animals and the storage
42   and disposal of manure originating from animal feeding
43   operations.
44     3.  This section shall not apply to requirements
45   provided in any of the following:
46     a.  Section 455B.201, including rules adopted by
47   the department under that section.
48     b.  Section 455B.204, including rules adopted by
49   the department under that section.
50     Sec. 38.  Section 657.11, subsections 2, 3, 5, 6,

Page  34

 1   7, and 8, Code 1997, are amended to read as follows:
 2     2.  If a person has received all permits required
 3   pursuant to chapter 455B for an animal feeding
 4   operation, as defined in section 455B.161, there shall
 5   be a rebuttable presumption that an An animal
feeding
 6   operation is, as defined in section 455B.161, shall
 7   not be found to be a public or private nuisance under
 8   this chapter or under principles of common law, and
 9   that the animal feeding operation does shall not
10   unreasonably and continuously be found to interfere
11   with another person's comfortable use and enjoyment of
12   the person's life or property under any other cause of
13   action.  The rebuttable presumption also applies to
14   persons who are not required to obtain a permit
15   pursuant to chapter 455B for an animal feeding
16   operation as defined in section 455B.161.  The
17   rebuttable presumption However, this section shall
not
18   apply if the person bringing the action proves that an
19   injury to a the person or damage to the person's
20   property is proximately caused by a either of the
21   following:
22     a.  The failure to comply with a federal statute or
23   regulation or a state statute or rule which applies to
24   the animal feeding operation.
25     b.  3.  The rebuttable presumption may be overcome
26   by clear and convincing evidence of both Both of the
27   following:
28     a. (1)  The animal feeding operation unreasonably
29   and continuously for substantial periods of time
30   interferes with another the person's comfortable use
31   and enjoyment of the person's life or property.
32     b. (2)  The injury or damage is proximately
caused
33   by the negligent operation of the animal feeding
34   operation failed to use existing prudent generally
35   accepted management practices reasonable for the
36   operation.
37     5.  The rebuttable presumption created by this
This
38   section shall apply regardless of the established date
39   of operation or expansion of the animal feeding
40   operation.  The rebuttable presumption A defense
41   against a cause of action provided in this section
42   includes, but is not limited to, a defense for actions
43   arising out of the care and feeding of animals; the
44   handling or transportation of animals; the treatment
45   or disposal of manure resulting from animals; the
46   transportation and application of animal manure; and
47   the creation of noise, odor, dust, or fumes arising
48   from an animal feeding operation.
49     6.  An animal feeding operation that complies with
50   the requirements in chapter 455B for animal feeding

Page  35

 1   operations shall be deemed to meet any common law
 2   requirements regarding the standard of a normal person
 3   living in the locality of the operation.
 4     7.  A If a court determines that a claim is
 5   frivolous, a person who brings the claim as part of
a
 6   losing cause of action against a person for whom the
 7   rebuttable presumption created who may raise a
defense
 8   under this section is not rebutted, shall be liable to
 9   the person against whom the action was brought for all
10   costs and expenses incurred in the defense of the
11   action, if the court determines that a claim is
12   frivolous.
13     8 7.  The rebuttable presumption created in
this
14   This section does not apply to an injury to a person
15   or damages to property caused by the animal feeding
16   operation before May 31, 1995 the effective date of
17   this section.
18     Sec. 39.  Section 657.11, subsection 4, unnumbered
19   paragraph 1, Code 1997, is amended to read as follows:
20     The rebuttable presumption This section does not
21   apply to a person during any period that the person is
22   classified as a chronic violator under this subsection
23   as to any confinement feeding operation in which the
24   person holds a controlling interest, as defined by
25   rules adopted by the department of natural resources.
26   The rebuttable presumption This section shall apply
to
27   the person on and after the date that the person is
28   removed from the classification of chronic violator.
29   For purposes of this subsection, "confinement feeding
30   operation" means an animal feeding operation in which
31   animals are confined to areas which are totally
32   roofed, and which are regulated by the department of
33   natural resources or the environmental protection
34   commission.
35     Sec. 40.  1995 Iowa Acts, chapter 195, section 37,
36   is amended to read as follows:
37     SEC. 37.  ANIMAL AGRICULTURE CONSULTING
38   ORGANIZATION.  The department of natural resources
39   shall request that the Iowa pork producers
40   association, the Iowa cattlemen's association, the
41   Iowa poultry association, the Iowa dairy products
42   association, an organization representing agricultural
43   producers generally, Iowa state university, the soil
44   conservation division of the department of agriculture
45   and land stewardship, and the natural resources
46   conservation service of the United States department
47   of agriculture, and after the effective date of this
48   section of this Act as amended by 1998 Iowa Acts,
49   House File 2494, two organizations representing
50   agricultural producers generally each appoint one

Page  36

 1   member to consult with the department regarding.  The
 2   appointees shall consult with the department regarding
 3   this Act, rules adopted pursuant to this Act, and the
 4   Act's implementation.  The department shall consult
 5   with representatives in meetings which shall be
 6   conducted by the department, upon the call of the
 7   director of the department or the director's designee,
 8   or upon the request to the department of any three
 9   members.  The department shall request that the
10   representatives provide the department with
11   recommendations regarding the adoption of rules
12   required to administer this Act.  This section is
13   repealed on March 31, 2005.
14     Sec. 41.  1995 Iowa Acts, chapter 195, section 38,
15   is amended to read as follows:
16     SEC. 38.  INDEMNITY FEES - PRIOR PERMITTEES.
17     1.  The indemnity fee imposed upon permittees
18   pursuant to section 204.3, as enacted in this Act,
19   shall be imposed upon all persons who have received a
20   permit by the department of natural resources for the
21   construction of a confinement feeding operation with a
22   manure storage structure as defined in section
23   455B.161 204.1, as enacted in this Act, prior to the
24   effective date of this Act.  However, an indemnity fee
25   shall not be imposed upon a person the following
26   persons:
27     a.  A person who has received a construction permit
28   more than ten years prior to the effective date of
29   this Act.
30     b.  A person who has received a construction permit
31   within ten years prior to May 31, 1995, if the
32   confinement feeding operation was not constructed
33   under the permit and the permit has expired.
34     2.  To every extent possible, the department of
35   natural resources shall notify all persons required to
36   pay the fee.  The notice shall be in writing.  The
37   department shall establish a date when the fees must
38   be paid to the department, which shall be not less
39   than three months after the delivery of the notice.
40   If a person is delinquent in paying the indemnity fee
41   when due, or if upon examination, an underpayment of
42   the fee is found by the department, the person is
43   subject to a penalty of ten dollars or an amount equal
44   to the amount of deficiency for each day of the
45   delinquency, whichever is less.  After the date
46   required for payment, the department shall transfer
47   all outstanding claims to the department of
48   agriculture and land stewardship.
49     3.  The department of natural resources shall
50   deliver to receive from the department of
agriculture

Page  37

 1   and land stewardship the most current available
 2   information regarding the persons required to pay the
 3   fee and any delinquency penalty, including the names
 4   and addresses of the persons, and the capacity of the
 5   confinement feeding operations subject to the permit.
 6   The department of agriculture and land stewardship
 7   natural resources, in cooperation with the attorney
 8   general, may bring a court action in order to collect
 9   indemnity fees and delinquency penalties required to
10   be paid under this section.
11     Sec. 42.  AMNESTY PERIOD.  Notwithstanding 1995
12   Iowa Acts, chapter 195, section 38, a person who has
13   not paid an indemnity fee as required by that Act, as
14   amended by this Act, shall not be subject to a
15   delinquency penalty as provided in that Act, if the
16   person pays the full amount of the indemnity fee to
17   the department of agriculture and land stewardship on
18   or before December 31, 1998, as required by the
19   department.
20     Sec. 43.  EFFECT OF THIS ACT - REFUND.  Nothing in
21   this Act requires the department of natural resources
22   or the department of agriculture and land stewardship
23   to refund an indemnity fee or delinquency penalty
24   payment paid by permittees pursuant to 1995 Iowa Acts,
25   chapter 195, section 38.
26     Sec. 44.  INDEMNITY FEES - PRIOR MANURE MANAGEMENT
27   PLAN SUBMITTEES.
28     1.  The indemnity fee imposed upon persons required
29   to submit a manure management plan pursuant to section
30   204.3A, as enacted in this Act, shall be imposed upon
31   all persons who are required to submit a manure
32   management plan under section 455B.203 as amended in
33   this Act.  However, a fee shall not be imposed upon a
34   person who was not required to submit a manure
35   management plan to the department of natural resources
36   pursuant to 1995 Iowa Acts, chapter 195, and 567 IAC
37   section 65.18(455B).
38     2.  To every extent possible, the department shall
39   notify all persons required to pay the fee.  The
40   notice shall be in writing.  The department shall
41   establish a date when the fees must be paid to the
42   department, which shall be not less than three months
43   after the delivery of the notice.  If a person is
44   delinquent in paying the indemnity fee when due, or if
45   upon examination, an underpayment of the fee is found
46   by the department, the person is subject to a penalty
47   of ten dollars or an amount equal to the amount of
48   deficiency for each day of the delinquency, whichever
49   is less.
50     Sec. 45.  INDEMNITY FEES - PRIOR CONSTRUCTION

Page  38

 1   PERMITTEES.  The department of agriculture and land
 2   stewardship shall deliver to the department of natural
 3   resources the most current available information
 4   regarding persons required to pay the indemnity fee
 5   imposed pursuant to 1995 Iowa Acts, chapter 195,
 6   section 38.  The department of natural resources, in
 7   cooperation with the attorney general, may bring a
 8   court action in order to collect indemnity fees and
 9   delinquency penalties as provided in that Act for
10   deposit into the manure storage indemnity fund as
11   created in section 204.2.
12     Sec. 46.  MANURE MANAGEMENT PLAN SUBMISSIONS.  All
13   persons required to submit a manure management plan
14   pursuant to section 455B.203 as amended by this Act
15   shall submit a manure management plan according to the
16   same requirements, as provided in that section or
17   rules adopted by the department pursuant to that
18   section.  Persons who have submitted a manure
19   management plan that complies with those requirements
20   are not required to submit a new manure management
21   plan.  Persons who have not submitted a manure
22   management plan that complies with those requirements
23   shall not be required to submit a new manure
24   management plan until July 1, 1999.
25     Sec. 47.  MANURE APPLICATOR CERTIFICATION -
26   DELAYED APPLICABILITY.  A person shall not be required
27   to be certified as a commercial manure applicator or a
28   confinement site manure applicator as required
29   pursuant to section 455B.203A, as enacted in this Act,
30   for sixty days following the effective date of that
31   section of this Act.
32     Sec. 48.  ANIMAL AGRICULTURE CONSULTING
33   ORGANIZATION.  The department of natural resources
34   shall consult with the members of the animal
35   agriculture consulting organization regarding this
36   Act, rules adopted pursuant to this Act, and the Act's
37   implementation, to the same extent and in the same
38   manner as required in 1995 Iowa Acts, chapter 195,
39   section 37, as amended by this Act.
40     Sec. 49.  DIRECTION TO THE DEPARTMENT OF NATURAL
41   RESOURCES - RULEMAKING.  The department of natural
42   resources shall adopt all rules necessary to
43   administer and enforce this Act by January 1, 1999.
44   The department is required to adopt rules under this
45   Act, including adopting new rules or amending existing
46   rules, only to the extent that rules must be adopted
47   in order to comply with the requirements of this Act.
48   This section shall not be construed to limit the
49   authority of the department to adopt rules under this
50   Act or other statutory authority which the department

Page  39

 1   determines is necessary or advisable.
 2     Sec. 50.  DIRECTIONS TO IOWA CODE EDITOR.
 3     1.  The Iowa Code editor is directed to transfer
 4   chapter 204, as amended by this Act, to a chapter
 5   determined appropriate by the Iowa Code editor.  The
 6   Iowa Code editor shall correct internal references as
 7   necessary.
 8     2.  The Iowa Code editor is directed to transfer
 9   section 159.27 to or near section 455B.204A.
10     Sec. 51.  TRANSFER OF PROVISIONS.  The transfer of
11   provisions from one section to another section does
12   not affect the effect or applicability of rules
13   adopted by the department of natural resources, except
14   as required by the provisions of this Act.
15     Sec. 52.  SEVERABILITY.  If any provision of this
16   Act or the application of this Act to any person or
17   circumstance is held invalid, the invalidity shall not
18   affect other provisions or applications of this Act
19   which shall be given effect without the invalid
20   provision or application, and to this end the
21   provisions of this Act are severable.
22     Sec. 53.  EFFECTIVE DATES.
23     1.  Sections 9, 10, 14, 27, 29, 38, 39, 40 through
24   43, 48, 49, and this section, being deemed of
25   immediate importance, take effect upon enactment.
26     2.  Sections 11, 13, 15, 16, 18 through 21, 23, 26,
27   30, 31, and 33 through 35 take effect on January 1,
28   1999."
29     2.  Title page, line 1, by inserting after the
30   word "Act" the following:  "providing for agricultural
31   production, including".
32     3.  Title page, line 2, by striking the words "an
33   effective date" and inserting the following:
34   "effective dates".
The House stood at ease at 1:54 p.m., until the fall of the
gavel.
The House resumed session and consideration of House File 2494
 and the Senate amendment H-9048, at 2:50 p.m., Speaker pro
tempore Van Maanen of Marion in the chair.
On motion by Teig of Hamilton the House concurred in the Senate
amendment H-9048.
Teig of Hamilton moved that the bill, as amended by the Senate
and concurred in by the House, 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. 2494)

The ayes were, 59:

Arnold 	Barry 	Bell	Blodgett 
Boddicker 	Boggess 	Bradley 	Brauns 
Brunkhorst 	Carroll 	Churchill 	Corbett, Spkr. 
Cormack 	Dinkla 	Dix 	Dolecheck 
Drake 	Eddie 	Falck 	Gipp 
Greig 	Gries 	Grundberg 	Hahn 
Hansen 	Heaton 	Holmes 	Houser 
Huseman 	Jacobs 	Jenkins 	Klemme 
Kremer 	Lamberti 	Larson 	Lord 
Martin 	May 	Mertz 	Metcalf 
Meyer 	Millage 	Nelson 	O'Brien 
Rants 	Rayhons 	Siegrist 	Sukup 
Teig 	Thomas 	Thomson 	Tyrrell 
Van Fossen 	Vande Hoef 	Veenstra 	Weidman 
Welter 	Wise 	Van Maanen,
		  Presiding

The nays were, 40:

Bernau 	Brand 	Bukta 	Burnett 
Chapman 	Chiodo 	Cohoon 	Connors 
Doderer 	Dotzler 	Drees 	Fallon 
Foege 	Ford 	Frevert 	Garman 
Greiner 	Holveck 	Huser 	Jochum 
Kinzer 	Koenigs 	Kreiman 	Larkin 
Mascher 	Moreland 	Mundie 	Murphy 
Myers 	Osterhaus 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Taylor 
Warnstadt 	Weigel 	Whitead 	Witt 

Absent or not voting, 1:

Cataldo 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, 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 2120 and 2494.
The House resumed consideration of House File 8, a bill for an
act relating to the funding of state mandates, amended by the
Senate amendment H-8002, and amendment H-8005 to the Senate
amendment          H-8002, previously deferred and found on page
1484 of the House Journal.
Kreiman of Davis moved the adoption of amendment H-8005, to the
Senate amendment H-8002.
Amendment H-8005 was adopted.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8006, to the Senate amendment H-8002, filed
by him on January 29, 1998.
On motion by Houser of Pottawattamie the House concurred in the
Senate amendment H-8002, as amended.
Houser of Pottawattamie moved that the bill as amended by the
Senate, further amended and concurred in by the House, 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. 8)

The ayes were, 99:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	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 	Witt 	Van Maanen,
		  Presiding

The nays were, none.

Absent or not voting, 1:

Cataldo 

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 8 be immediately messaged to the Senate.
Hansen of Pottawattamie called up for consideration House File
2517, a bill for an act establishing a healthy and well kids in
Iowa (HAWK-I) program to provide health insurance to eligible
children and providing an effective date, amended by the Senate,
and moved that the House concur in the following Senate
amendment H-9120:

H-9120

 1     Amend House File 2517 as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  NEW SECTION.  432.13  PREMIUM TAX
 6   EXEMPTION - HAWK-I PROGRAM.
 7     Premiums collected by participating insurers under
 8   chapter 514I, are exempt from premium tax."
 9     2.  Page 1, by striking lines 15 through 22 and
10   inserting the following:  "the general assembly is not
11   in session, the department, with the approval of the
12   HAWK-I board, shall proceed to implement and
13   administer those provisions, subject to review by the
14   next regular session of the general assembly.
15     ___.  It is the intent of the general assembly,
16   recognizing the importance of outreach to the
17   successful utilization of the program by eligible
18   children, that within the limitations of funding
19   allowed for outreach and administration expenses, the
20   maximum amount possible be used for outreach.
21     ___.  It is the intent of the general assembly that
22   the HAWK-I program be an integral part of the
23   continuum of health insurance coverage and that the
24   program be developed and implemented in such a manner
25   as to facilitate movement of families between health
26   insurance providers and to facilitate the transition
27   of families to private sector health insurance
28   coverage."
29     3.  Page 1, line 27, by striking the words "HAWK-I
30   board" and inserting the following:  "department".
31     4.  Page 1, by inserting after line 28 the
32   following:
33     "___.  "Benchmark benefit package" means any of the
34   following:
35     a.  The standard blue cross/blue shield preferred
36   provider option service benefit plan, described in and
37   offered under 5 U.S.C. "/g" 8903(1).
38     b.  A health benefits coverage plan that is offered
39   and generally available to state employees in this
40   state.
41     c.  The plan of a health maintenance organization
42   as defined in 42 U.S.C. "/g" 300e, with the largest
43   insured commercial, nonmedical assistance enrollment
44   of covered lives in the state."
45     5.  Page 1, by striking lines 32 through 34 and
46   inserting the following:
47     "___.  "Department" means the department of human
48   services.
49     ___.  "Director" means the director of human
50   services."

Page 2  

 1     6.  Page 2, line 4, by striking the word "governs"
 2   and inserting the following:  "adopts rules and
 3   establishes policy for, and directs the department
 4   regarding,".
 5     7.  Page 2, line 10, by inserting after the word
 6   "licensed" the following:  "by the division of
 7   insurance of the department of commerce".
 8     8.  Page 2, line 13, by striking the words "HAWK-I
 9   board to offer" and inserting the following:
10   "department to provide".
11     9.  Page 2, line 21, by striking the word "care".
12     10.  Page 2, by striking lines 25 through 27, and
13   inserting the following:
14     "2.  Health insurance coverage under the program".
15     11.  Page 2, by inserting after line 35 the
16   following:
17     "___.  Nothing in this chapter shall be construed
18   or is intended as, or shall imply, a grant of
19   entitlement for services to persons who are eligible
20   for participation in the program based upon
21   eligibility consistent with the requirements of this
22   chapter.  Any state obligation to provide services
23   pursuant to this chapter is limited to the extent of
24   the funds appropriated or provided for this chapter.
25     ___. Participating insurers under this chapter are
26   not subject to the requirements of chapters 513B and
27   513C."
28     12.  Page 3, by striking lines 1 through 12 and
29   inserting the following:
30     "Sec. ___.  NEW SECTION.  514I.3A  DIRECTOR AND
31   DEPARTMENT - DUTIES - POWERS.
32     1.  The director, with the approval of the HAWK-I
33   board, shall implement this chapter.  The director
34   shall do all of the following:
35     a.  At least every six months, evaluate the scope
36   of the program currently being provided under this
37   chapter, project the probable cost of continuing the
38   program, and compare the probable cost with the
39   remaining balance of the state appropriation made for
40   payment of assistance under this chapter during the
41   current appropriation period.  The director shall
42   report the findings of the evaluation to the board and
43   shall annually report findings to the governor and the
44   general assembly by January 1.
45     b.  Establish premiums to be paid to participating
46   insurers for provision of health insurance coverage.
47     c.  Contract with participating insurers to provide
48   health insurance coverage under this chapter.
49     d.  Recommend to the board proposed rules necessary
50   to implement the program.

Page 3

 1     e.  Recommend to the board individuals to serve as
 2   members of the clinical advisory committee.
 3     2.  The director, with the concurrence of the
 4   board, shall enter into a contract with an
 5   administrative contractor.  Such contract shall be
 6   entered into in accordance with the criteria
 7   established by the board.
 8     3.  The department may enter into contracts with
 9   other persons whereby the other person provides some
10   or all of the functions, pursuant to rules adopted by
11   the board, which are required of the director or the
12   department under this section.  All contracts entered
13   into pursuant to this section shall be made available
14   to the public.
15     4.  The department shall do or shall provide for
16   all of the following:
17     a.  Develop a program application form not to
18   exceed two pages in length, which is consistent with
19   the rules of the board, which is easy to understand,
20   complete, and concise, and which, to the greatest
21   extent possible, coordinates with the medical
22   assistance program.
23     b.  Establish the family cost sharing amount, based
24   on a sliding fee scale, if established by the board.
25     c.  Perform other duties as determined by the
26   department with the approval of the board."
27     13.  Page 3, lines 14 and 15, by striking the
28   words "established which" and inserting the following:
29   "established.  The board shall meet not less than ten
30   times annually, for the purposes of establishing
31   policy for, directing the department on, and adopting
32   rules for the program.  The board".
33     14.  Page 3, line 19, by striking the words "human
34   services" and inserting the following:  "education".
35     15.  Page 3, by striking lines 27 through 30 and
36   inserting the following:  "this chapter."
37     16.  Page 4, by inserting after line 22 the
38   following:
39     "5A.  The board may receive and accept grants,
40   loans, or advances of funds from any person and may
41   receive and accept from any source contributions of
42   money, property, labor, or any other thing of value,
43   to be held, used, and applied for the purposes of the
44   program."
45     17.  Page 4, by striking lines 24 through 27 and
46   inserting the following:
47     "___.  Develop the criteria to be included in a
48   request for proposals for the selection of any
49   administrative contractor for the program."
50     18.  Page 4, line 28, by inserting after the word

Page 4

 1   "Define" the following:  ", in consultation with the
 2   department,".
 3     19.  Page 4, line 29, by inserting after the word
 4   "offered" the following: "in a manner as to ensure
 5   access to services for all children participating in
 6   the program".
 7     20.  Page 4, by striking line 30 and inserting the
 8   following:
 9     "c.  Approve the benefit package design, review the
10   benefit package".
11     21.  Page 4, by striking lines 33 through 35.
12     22.  Page 5, by striking lines 1 through 3 and
13   inserting the following:
14     "d.  Develop, with the assistance of the
15   department, an outreach plan for implementation by the
16   administrative contractor, and provide for periodic
17   assessment of the effectiveness of the outreach plan.
18   The plan shall provide outreach to".
19     23.  Page 5, line 5, by inserting after the word
20   "coverage" the following:  "or care programs".
21     24.  Page 5, by striking lines 14 through 16 and
22   inserting the following:
23     "___.  In consultation with the clinical advisory
24   committee, select a single, nationally recognized
25   functional health assessment form for an initial
26   assessment of all".
27     25.  Page 5, line 21, by inserting after the word
28   "Review" the following:  ", in consultation with the
29   department,".
30     26.  Page 5, line 24, by inserting after the word
31   "board" the following:  ", in consultation with the
32   department,".
33     27.  Page 5, by striking lines 28 through 30 and
34   inserting the following:  "and the HAWK-I program, and
35   to provide for common processes and".
36     28.  By striking page 5, line 33, through page 6,
37   line 1, and inserting the following:
38     "g.  By January 1, annually, prepare, with the
39   assistance of the department, and submit a report to
40   the governor, the general assembly, and the council on
41   human services, concerning the board's activities,
42   findings, and recommendations."
43     29.  Page 6, line 2, by striking the word
44   "Receive" and inserting the following:  "Solicit".
45     30.  Page 6, by striking lines 9 through 11.
46     31.  Page 6, line 12, by inserting after the word
47   "Establish" the following:  "and consult with".
48     32.  Page 6, by striking lines 18 and 19 and
49   inserting the following:  "limited to health
50   maintenance and prevention and health risk

Page 5

 1   assessment."
 2     33.  Page 6, by inserting before line 20 the
 3   following:
 4     "m.  Establish an advisory committee to make
 5   recommendations to the board and to the general
 6   assembly on or before January 1, 1999, concerning the
 7   provision of health insurance coverage to children
 8   with special health care needs under the program.  The
 9   committee shall include individuals with experience
10   in, knowledge of, or expertise in this area.  The
11   recommendations shall address, but are not limited to,
12   all of the following:
13     (1)  The definition of the target population of
14   children with special health care needs for the
15   purposes of determining eligibility under the program.
16     (2)  Eligibility options for and assessment of
17   children with special health care needs for
18   eligibility.
19     (3)  Benefit options for children with special
20   health care needs.
21     (4)  Options for enrollment of children with
22   special health care needs in and disenrollment of
23   children with special health care needs from qualified
24   child health plans utilizing a capitated fee form of
25   payment.
26     (5)  The appropriateness and quality of care for
27   children with special health care needs.
28     (6)  The coordination of health services provided
29   for children with special health care needs under the
30   program with services provided by other publicly
31   funded programs."
32     34.  Page 6, line 20, by striking the word
33   "cooperation" and inserting the following:
34   "consultation".
35     35.  Page 6, by striking lines 30 and 31 and
36   inserting the following:  "insurers for the program."
37     36.  Page 6, by striking lines 33 and 34 and
38   inserting the following:  "plan which are those
39   included in a benchmark or benchmark equivalent plan
40   and which comply".
41     37.  Page 6, line 35, by striking the words "and
42   which".
43     38.  Page 7, by striking lines 1 and 2, and
44   inserting the following:  ".  Benefits covered shall
45   include but are not limited to all of the following:"
46     39.  Page 7, line 22, by striking the word
47   "preventative" and inserting the following:
48   "preventive".
49     40.  Page 7, by striking lines 32 and 33 and
50   inserting the following:

Page 6

 1     "g.  Presumptive eligibility criteria for the
 2   program."
 3     41.  By striking page 7, line 35, through page 8,
 4   line 2, and inserting the following:  "shall be
 5   assessed on a sliding fee scale based on family
 6   income, which provides for a minimum amount of cost
 7   sharing, and which complies with federal law."
 8     42.  Page 8, line 14, by striking the word "board"
 9   and inserting the following:  "department".
10     43.  Page 9, by striking lines 21 and 22.
11     44.  Page 9, by inserting after line 29, the
12   following:
13     "4A.  Require that any plan provided by the
14   participating insurer establishes and maintains a
15   conflict management system that includes methods for
16   both preventing and resolving disputes involving the
17   health care needs of eligible children, and a process
18   for resolution of such disputes."
19     45.  Page 10, by striking lines 1 and 2 and
20   inserting the following:
21     "c.  Information regarding the plan's conflict
22   management system."
23     46.  Page 10, by striking lines 4 and 5 and
24   inserting the following:
25     "___.  Submit a plan for a health improvement
26   program to the department, for approval by the board."
27     47.  Page 10, line 15, by striking the word
28   "developed" and inserting the following:  "approved".
29     48.  Page 10, by striking lines 33 through 35.
30     49.  Page 11, line 4, by striking the words "of
31   human services".
32     50.  Page 11, by striking lines 6 through 8.
33     51.  Page 11, by striking lines 9 through 13 and
34   inserting the following:
35     "___.  Develop and issue appropriate approval,
36   denial, and cancellation notifications to inform
37   applicants and enrollees of the status of the
38   applicant's or enrollee's eligibility to participate
39   in the program.  Additionally, the administrative
40   contractor shall process applications, including
41   verifications and mailing of approvals and denials,
42   within ten working days of receipt of the application,
43   unless the application cannot be processed within this
44   period for a reason that is beyond the control of the
45   administrative contractor."
46     52.  Page 11, lines 15 and 16, by striking the
47   words "of human services".
48     53.  Page 11, line 20, by striking the words
49   "HAWK-I board" and inserting the following:
50   "department".

Page 7

 1     54.  Page 11, line 25, by striking the word
 2   "divisions" and inserting the following:
 3   "department".
 4     55.  Page 11, line 26, by striking the words
 5   "HAWK-I board" and inserting the following:
 6   "department".
 7     56.  By striking page 11, line 33, through page
 8   12, line 5, and inserting the following:
 9     "___.  Collect and track monthly family premiums to
10   assure that payments are current."
11     57.  Page 12, line 7, by inserting after the word
12   "contractor" the following:  "in that participating
13   insurer's plan".
14     58.  Page 12, by striking line 14 and inserting
15   the following:
16     "1.  Effective July 1, 1998, and notwithstanding
17   any medical assistance program eligibility criteria to
18   the contrary, medical assistance shall be provided to,
19   or on behalf of, an eligible child under the age of
20   nineteen whose family income does not exceed one
21   hundred thirty-three percent of the federal poverty
22   level, as defined by the most recently revised poverty
23   income guidelines published by the United States
24   department of health and human services.
25     2.  A child may participate in the HAWK-I program
26   if the child".
27     59.  Page 12, by striking lines 22 through 24 and
28   inserting the following:
29     "___.  Is not eligible for medical assistance
30   pursuant to chapter 249A."
31     60.  Page 13, line 2, by inserting after the word
32   "eligible" the following:  "for the program pending a
33   final eligibility determination".
34     61.  Page 13, by striking lines 6 and 7 and
35   inserting the following:  "the administrative
36   contractor shall conduct a review of the circumstances
37   of the eligible child's family to establish
38   eligibility and cost sharing for the subsequent
39   twelve-month period."
40     62.  Page 13, by inserting after line 14 the
41   following:
42     "___.  The board shall study and shall make
43   recommendations to the governor and to the general
44   assembly regarding the level of family income which is
45   appropriate for application of the program, and the
46   feasibility of allowing families with incomes above
47   the level of eligibility for the program to purchase
48   insurance for children through the program.
49     ___.  The board and the council on human services
50   shall cooperate and seek appropriate coordination in

Page 8

 1   administration of the program and the medical
 2   assistance program and shall develop a plan for a
 3   unified medical assistance and HAWK-I program system
 4   which includes the use of a single health insurance
 5   card by enrollees of either program."
 6     63.  Page 13, by striking lines 22 through 26 and
 7   inserting the following:  "the results of the initial
 8   benefits package used."
 9     64.  Page 14, lines 8 and 9, by striking the words
10   "a minimum of two percent" and inserting the
11   following:  "at least a minimum amount".
12     65.  Page 14, by inserting after line 13, the
13   following:
14     "Sec. ___.  APPOINTMENT OF MEMBERS OF THE HAWK-I
15   BOARD.  The members of the HAWK-I board shall be
16   appointed within thirty days of enactment of this Act
17   and may begin performing board duties prior to the
18   beginning of the official commencement of the terms of
19   the appointed board members as provided under this
20   Act.
21     Sec. ___.  OUTREACH.  Notwithstanding any provision
22   to the contrary, including section 8.33, any moneys
23   remaining in the Iowa healthy kids trust fund pursuant
24   to chapter 514H and any moneys remaining from grants,
25   contributions, or other sources which were designated
26   for the purposes of the healthy kids program shall be
27   transferred to the department of human services and
28   used to implement outreach activities for the HAWK-I
29   program immediately upon enactment of this Act.
30     Sec. ___.  EMERGENCY RULES.  The department of
31   human services may adopt emergency rules to implement
32   changes in the medical assistance program by July 1,
33   1998, and the department of human services and the
34   board may each adopt emergency rules only to the
35   extent necessary to implement the HAWK-I program by
36   January 1, 1999.  Any rules adopted in accordance with
37   this section shall also be published as notice of
38   intended action as provided in section 17A.4.
39     Sec. ___.  Chapter 514H is repealed."
40     66.  Title page, line 2, by inserting after the
41   word "children" the following:  ", providing for a
42   repeal,".
43     67.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9120.
Hansen of Pottawattamie moved that the bill, as amended by the
Senate and concurred in by the House, 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. 2517)

The ayes were, 98:

Arnold 	Barry 	Bell	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns	Brunkhorst 	Bukta 
Burnett 	Carroll 	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 	Mundie 
Murphy 	Myers 	Nelson 	O'Brien 
Osterhaus 	Rants	Rayhons 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader	Shoultz 
Siegrist 	Sukup 	Taylor	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Vande Hoef 	Veenstra 	Warnstadt 	Weidman 
Weigel 	Welter 	Whitead 	Wise 
Witt 	Van Maanen,
	  Presiding

The nays were, none.

Absent or not voting, 2:

Cataldo 	Moreland

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate File 2311 and House File 2517.
Unfinished Business Calendar
Senate File 492, a bill for an act relating to unemployment
compensation benefits concerning proof of whether a person has
voluntarily quit employment, with report of committee
recommending passage, was taken up for consideration.
Dotzler of Black Hawk offered the following amendment H-8040
filed by him and moved its adoption:

H-8040

 1     Amend Senate File 492, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 96.5, subsection 1, Code
 6   Supplement 1997, is amended by adding the following
 7   new paragraphs:
 8     NEW PARAGRAPH.  k.  The individual has left
 9   employment following a substantial change in the
10   contract of hire with the employer.  For purposes of
11   this paragraph, a "substantial change in the contract
12   of hire" includes, but is not limited to, changes in
13   working hours, shifts, remuneration, location of
14   employment, and significant modification in the work
15   required of the individual.
16     NEW PARAGRAPH.  l.  The individual has left
17   employment due to unsafe working conditions.
18     NEW PARAGRAPH.  m.  The individual has left
19   employment due to unlawful working conditions.
20     NEW PARAGRAPH.  n.  The individual has left
21   employment due to intolerable or detrimental working
22   conditions."
23     2.  Title page, line 1, by inserting after the
24   word "concerning" the following:  "the establishment
25   of and".
26     3.  By renumbering as necessary.
Roll call was requested by Dotzler of Black Hawk and Myers of
Johnson.
On the question "Shall amendment H-8040 be adopted?" (S.F. 492)

The ayes were, 45:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chapman 	Chiodo 	Cohoon 
Connors 	Doderer 	Dotzler 	Drees 
Falck 	Fallon 	Foege	Ford 
Frevert 	Holveck 	Huser 	Jochum 
Kinzer 	Koenigs 	Kreiman 	Larkin 
Mascher 	May 	Mertz 	Moreland 
Mundie 	Murphy 	Myers 	O'Brien 
Osterhaus 	Reynolds-Knight 	Richardson 	Scherrman 
Schrader 	Shoultz 	Taylor 	Thomas 
Warnstadt 	Weigel 	Whitead 	Wise 
Witt 

The nays were, 53:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Carroll 
Churchill 	Corbett, Spkr.	Cormack 	Dinkla 
Dix 	Dolecheck 	Drake 	Eddie 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Houser 	Huseman 
Jacobs 	Jenkins 	Klemme 	Kremer 
Lamberti 	Larson 	Lord 	Martin 
Metcalf 	Meyer 	Millage 	Nelson 
Rants 	Rayhons 	Siegrist 	Sukup 
Teig 	Thomson 	Tyrrell 	Van Fossen 
Vande Hoef 	Veenstra 	Weidman 	Welter 
Van Maanen,
  Presiding

Absent or not voting, 2:

Brunkhorst 	Cataldo
Amendment H-8040 lost.
Taylor of Linn offered the following amendment H-9124 filed by
him from the floor as follows and moved its adoption:

H-9124

 1     Amend Senate File 492, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 96.4, subsection 4, Code 1997,
 6   is amended to read as follows:
 7     4.  The individual has been paid wages for insured
 8   work during the individual's base period in an amount
 9   at least one and one-quarter times the wages paid to
10   the individual during that quarter of the individual's
11   base period in which the individual's wages were
12   highest; provided that the individual has been paid
13   wages for insured work totaling at least three and
14   five-tenths percent of the statewide average annual
15   wage for insured work, computed for the preceding
16   calendar year if the individual's benefit year begins
17   on or after the first full week in July and computed
18   for the second preceding calendar year if the
19   individual's benefit year begins before the first full
20   week in July, in that calendar quarter in the
21   individual's base period in which the individual's
22   wages were highest, and the individual has been paid
23   wages for insured work totaling at least one-half of
24   the amount of wages required under this subsection in
25   the calendar quarter of the base period in which the
26   individual's wages were highest, in a calendar quarter
27   in the individual's base period other than the
28   calendar quarter in which the individual's wages were
29   highest.  The calendar quarter wage requirements shall
30   be rounded to the nearest multiple of ten dollars.
31     If the individual has drawn benefits in any benefit
32   year, the individual must during or subsequent to that
33   year, work in and be paid wages for insured work
34   totaling at least two hundred fifty dollars, as a
35   condition to receive benefits in the next benefit
36   year."
37     2.  Page 2, by inserting after line 6 the
38   following:
39     "Sec. ___.  Section 96.29, subsection 1, paragraph
40   c, Code 1997, is amended by striking the paragraph."
41     3.  By renumbering as necessary.
Carroll of Poweshiek in the chair at 4:34 p.m.
Amendment H-9124 lost.
Taylor of Linn asked and received unanimous consent to withdraw
amendment H-8025 filed by him on February 10, 1998.
Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8039 filed by him on February 12, 1998.
Dotzler of Black Hawk offered the following amendment H-9111
filed by him and moved its adoption:

H-9111

 1     Amend Senate File 492, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 15, by inserting after the word
 4   "imposed." the following:  "The employer shall obtain
 5   and make available to the claimant all relevant
 6   information from the employer that the claimant
 7   indicates is necessary to meet the claimant's burden
 8   as required under this subsection.  However, if the
 9   employer does not make available to the claimant
10   information as required by this subsection, the
11   claimant shall not be disqualified for benefits
12   pursuant to section 96.5."
Roll call was requested by Dotzler of Black Hawk and Chiodo of
Polk.
On the question "Shall amendment H-9111 be adopted?" (S.F. 492)

The ayes were, 45:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chapman 	Chiodo 	Cohoon 
Connors 	Doderer 	Dotzler 	Drees 
Falck 	Fallon 	Foege 	Ford 
Frevert 	Holveck 	Huser 	Jochum 
Kinzer 	Koenigs 	Kreiman 	Larkin 
Mascher 	May 	Mertz 	Moreland 
Mundie 	Murphy 	Myers 	O'Brien 
Osterhaus 	Reynolds-Knight 	Richardson 	Scherrman 
Schrader 	Shoultz 	Taylor 	Thomas 
Warnstadt 	Weigel 	Whitead 	Wise 
Witt 

The nays were, 50:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley	Brauns 	Churchill 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Dolecheck 	Drake 	Eddie 	Garman 
Gipp 	Greig 	Greiner 	Gries 
Grundberg 	Hahn 	Hansen 	Holmes 
Houser	Huseman 	Jacobs 	Jenkins 
Klemme 	Kremer 	Lamberti 	Larson 
Lord 	Metcalf 	Meyer 	Millage 
Rants 	Rayhons 	Siegrist	Sukup 
Teig 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Weidman 
Welter 	Carroll,
	  Presiding

Absent or not voting, 5:

Brunkhorst 	Cataldo 	Heaton 	Martin 
Nelson 

Amendment H-9111 lost.
Taylor of Linn offered the following amendment H-9110 filed by
him and moved its adoption:

H-9110

 1     Amend Senate File 492, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 23, by striking the words
 4   "subsection 10," and inserting the following:
 5   "subsection 10."
 6     2.  Page 1, line 24, by striking the words "and"
 7   and inserting the following:  "The claimant also".
 8     3.  Page 1, line 28, by inserting after the words
 9   "through "h"" the following:  ", but only after the
10   employer has produced clear and convincing evidence
11   that the employer made available to the claimant
12   information, in a manner and form prescribed by the
13   department, that explained a potential claimant's
14   rights and responsibilities upon filing a claim for
15   unemployment benefits, including the claimant's burden
16   of proof as established in this section.  However, if
17   the employer does not produce clear and convincing
18   evidence that the employer made available to the
19   claimant information as required by this subsection,
20   the claimant shall not be disqualified for benefits
21   pursuant to section 96.5".
Amendment H-9110 lost.
Falck of Fayette offered the following amendment H-8029 filed by
him and moved its adoption:

H-8029

 1     Amend Senate File 492, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 28, by inserting after the words
 4   "through "h"." the following:  "The employer has the
 5   initial burden to produce evidence showing that a
 6   voluntary quit pursuant to section 96.5, subsection 1,
 7   was not for good cause attributable to the employer
 8   and that the claimant is disqualified for benefits in
 9   cases involving section 96.5, subsection 1, paragraphs
10   "a" through "h"."
Amendment H-8029 lost.
Connors of Polk offered the following amendment H-8041 filed by
him and moved its adoption:

H-8041

 1     Amend Senate File 492, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 28, by striking the word ""h""
 4   and inserting the following:  ""g"".
Amendment H-8041 lost.
Holveck of Polk offered the following amendment H-9133 filed by
him from the floor and moved its adoption:

H-9133

 1     Amend Senate File 492, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 15, by inserting after the word
 4   "imposed." the following:  "The employer shall obtain
 5   and make available to the claimant all relevant
 6   information from the employer that the claimant
 7   indicates is necessary to meet the claimant's burden
 8   as required under this subsection."

Speaker Corbett in the chair at 5:32 p.m.
Amendment H-9133 lost.
Kremer of Buchanan moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 492)

The ayes were, 56:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Churchill 	Cormack 	Dinkla 
Dix 	Dolecheck 	Drake 	Eddie 
Fallon 	Garman 	Gipp 	Greig 
Greiner 	Gries 	Grundberg 	Hahn 
Hansen 	Heaton 	Holmes 	Houser 
Huseman 	Jacobs 	Jenkins 	Klemme 
Kremer 	Lamberti 	Larson 	Lord 
Martin 	Mertz 	Metcalf 	Meyer 
Millage 	Nelson 	Rants 	Rayhons 
Siegrist 	Sukup 	Teig 	Thomson 
Tyrrell 	Van Fossen 	Van Maanen 	Vande Hoef 
Veenstra 	Weidman 	Welter 	Mr. Speaker
			  Corbett

The nays were, 43:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chapman 	Chiodo 	Cohoon 
Connors 	Doderer 	Dotzler 	Drees 
Falck 	Foege 	Ford 	Frevert 
Holveck 	Huser 	Jochum 	Kinzer 
Koenigs 	Kreiman 	Larkin 	Mascher 
May 	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:

Cataldo

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 492 be immediately messaged to the Senate.
INTRODUCTION OF BILLS
House File 2557, by committee on appropriations, a bill for
an act relating to employment background checks by care
facilities and services, creating a single contact repository,
and making an appropriation.
Read first time and placed on the appropriations calendar.
House File 2558, by committee on appropriations, a bill for
an act relating to mental health, developmental disability, and
substance abuse service and payment provisions, and including an
applicability provision and an effective date.
Read first time and placed on the appropriations calendar.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 13, 1998, amended and passed the
following bill in which the concurrence of the House is asked:
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.
Also: That the Senate has on April 13, 1998, passed the
following bill in which the concurrence of the Senate was asked:
House File 2541, a bill for an act relating to the use tax
exemption for vehicles used substantially in interstate commerce.
Also: That the Senate has on April 13, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2542, a bill for an act regulating bulk dry animal
nutrient products, providing for fees and an appropriation,
providing penalties, and providing for an effective date.
MARY PAT GUNDERSON, Secretary

MOTION TO RECONSIDER
(Senate File 187)
I move to reconsider the vote by which Senate File 187 passed
the House on April 13, 1998.
SIEGRIST of Pottawattamie
EXPLANATION OF VOTE
I inadvertently voted "aye" on Senate File 492. I meant to vote
"nay."
FALLON of Polk
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bill has been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 10th day of April, 1998: House File 2135.
Also presented to the Governor for his approval on this 13th day
of April, 1998: House Files 681, 2335 and 2336.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 10, 1998, he approved and transmitted to the Secretary
of State the following bills:
House File 677, an act relating to child custody and visitation
including the consideration of parent's criminal history in the
awarding of visitation rights and including an exception from
mandatory participation in a course by parties to an action
involving child custody or visitation.
House File 2337, an act concerning the method for imposition of
the drug abuse resistance education surcharge.
Senate File 2015, an act to remove cottonwood trees and
cotton-bearing poplar trees in cities from a list of items
deemed to be nuisances.
Senate File 2113, an act relating to driver and motor vehicle
licensing, reporting, and registration.
Senate File 2136, an act relating to statutory corrections which
may adjust language to reflect current practices, insert earlier
omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts,
update ongoing provisions, or remove ambiguities, and providing
effective and retroactive applicability dates.
Senate File 2257, an act relating to the regulation of and motor
vehicle operation on the roads and streets of this state by
providing for the classification of the system of roads and
streets, authorizing easements on state-controlled lands,
providing for the admissibility of official records of the state
department of transportation, regulating motor vehicles and
motor vehicle dealers, authorizing maintenance vehicles to stop
or park on the traveled way of the roadway, allowing single
trucks a variance on their maximum length, administering of
motor vehicle laws by the state department of transportation
concerning motor vehicle dealer sales, multiyear vehicle and
vehicle dealer licensing, requiring the payment of certain civil
penalties before issuance of temporary restricted licenses, and
modifying the compilation requirements for airport sufficiency
ratings.
Senate File 2294, an act relating to the payment of snowmobile
and all-terrain vehicle title fees.
Senate File 2308, an act concerning eligible alternative
retirement benefit systems for community college employees.
Senate File 2357, an act updating the Iowa Code references to
the Internal Revenue Code, exempting certain preneed funeral
trust income from taxation, revising the carryback and carryover
periods for certain net operating losses, providing refunds, and
providing an effective date and retroactive applicability dates.
Also: That on April 13, 1998, he approved and transmitted to the
Secretary of State the following bills:
House File 721, an act relating to an insurance premium tax
credit for eligible businesses under the new jobs and income
program.
House File 2168, an act relating to the sale of stock or
ownership interest of any corporation formed under the Iowa
business development finance Act.
House File 2369, an act relating to the human immunodeficiency
virus including the testing of an alleged offender for the human
immunodeficiency virus, the intentional transmission of the
human immunodeficiency virus, making penalties applicable,
establishing penalties, and providing for an affirmative defense.
House File 2394, an act providing for service of one hundred
percent of the maximum sentence by and the suspension of a
driver's license of a person charged with homicide by vehicle.
House File 2476, an act providing for connection to the Iowa
communications network by the quad cities graduate center.
House File 2527, an act providing for victim rights, providing
for penalties, and an effective date.
Senate File 2023, an act relating to the issuance of United
States armed forces retired special plates, to the issuance of
ex-prisoner of war motor vehicle registration plates to
surviving spouses and to the issuance of emergency medical
services motor vehicle registration plates and establishing fees.
Senate File 2085, an act relating to the responsibilities of the
department of transportation, including vehicle equipment and
parking regulation, postings of highway weight restrictions, and
receipt of plans for city street construction.
Senate File 2170, an act relating to licensing sanctions against
individuals who default on debt owed to or collected by the
college student aid commission.
Senate File 2185, an act providing for the purchase of
biodegradable hydraulic fluids manufactured from soybeans by
state agencies.
Senate File 2186, an act relating to the validity and
enforceability in Iowa of an advance directive document executed
by a veteran of the armed forces.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Nine students from Fairfield High School and MSAE in Jefferson
County, accompanied by the Fairfield Chamber. By Reynolds-Knight
of Van Buren.
Four students from Van Buren County, accompanied by Marcia
Wagner and Terri Helterbran.  By Reynolds-Knight of Van Buren.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1998\451	Lloyd Hanrahan, Davenport - For celebrating his 90th
birthday.
1998\452	Michael Noll, Davenport - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1998\453	Walt Saur, Oelwein - For retiring after 20 years of
service from the Iowa Board of Parole.
1998\454	David and Marylu Watkins, Muscatine - For being awarded
the Wallace's Master Farmer Award.
1998\455	Robert C. Morrison, Muscatine - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1998\456	Opal Hendrickson, Indianola - For celebrating her 97th
birthday.
1998\457	Frank and Ruby Hammon, Indianola - For celebrating
their 70th wedding anniversary.
1998\458	Olga Kiefer, Davenport - For celebrating her 92nd
birthday.
1998\459	Martha E. Westphal, Davenport - For celebrating her
93rd birthday.
1998\460	Harland Bleitz, Davenport - For celebrating his 90th
birthday.
1998\461	North High Jazz I, Sioux City - For winning the 1998
Iowa Jazz Championship.
1998\462	Casey Anderson, Atlantic - For being officially
nominated to the National History and Government Award in the
United States Achievement Academy National Awards Yearbook.
SUBCOMMITTEE ASSIGNMENT
Senate File 2417 
Appropriations: Millage, Chair; Murphy and Sukup.
RESOLUTION FILED
HCR 121, by Thomas, Falck, and Kremer, a concurrent resolution
recognizing and honoring members of the Save the Backbone Lake
Committee who participated in the restoration of Backbone Lake
in Backbone State Park.
Laid over under Rule 25.
AMENDMENTS FILED

H-9117	S.F.	2052	Senate Amendment
H-9118	H.F.	2498	Senate Amendment
H-9119	H.F.	2164	Warnstadt of Woodbury
H-9120	H.F.	2517	Senate Amendment
H-9121	S.F.	2061	Huser of Polk
H-9122	H.F.	2166	Blodgett of Cerro Gordo
H-9123	H.F.	2166	Blodgett of Cerro Gordo
H-9125	H.C.R.	109	Burnett of Story
H-9126	S.F.	58	Drees of Carroll
H-9127	H.F.	2554	Dix of Butler
				Teig of Hamilton
				Fallon of Polk
H-9128	H.F.	2164	Thomas of Clayton
H-9129	S.F.	2398	Shoultz of Black Hawk
H-9130	S.F.	2398	Shoultz of Black Hawk
H-9131	S.F.	2398	Lamberti of Polk
H-9132	S.F.	2281	Lamberti of Polk
H-9134	H.F.	2542	Senate Amendment
H-9135	H.F.	2275	Senate Amendment
H-9136	H.F.	667	Millage of Scott
				Chapman of Linn
H-9137	H.F.	2164	Warnstadt of Woodbury
H-9138	H.F.	2164	Warnstadt of Woodbury
H-9139	H.F.	2554	Dix of Butler
H-9140	S.J.R.	2004	Chapman of Linn
H-9141	S.J.R.	2004	Bernau of Story
H-9142	S.J.R.	2004	Frevert of Palo Alto
H-9143	S.F.	2398	Lamberti of Polk
H-9144	S.F.	58	Ford of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
6:10 p.m., until 8:45 a.m., Tuesday, April 14, 1998.

© 1998 Cornell College and League of Women Voters of Iowa

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