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House Journal: Friday, April 12, 2002

JOURNAL OF THE HOUSE

Eighty-ninth Calendar Day - Sixty-second Session Day

Hall of the House of Representatives
Des Moines, Iowa, Friday, April 12, 2002

The House met pursuant to adjournment at 8:51 a.m., Dix of
Butler in the chair.

Prayer was offered by the Honorable Rod Roberts, state
representative from Carroll County.

The Journal of Thursday, April 11, 2002 was approved.

ADOPTION OF HOUSE RESOLUTION 140

Manternach of Jones called up for consideration House
Resolution 140, a resolution requesting the Secretary of Agriculture
to establish a task force to study value-added agricultural issues, and
moved its adoption.

The motion prevailed and the resolution was adopted.

ADOPTION OF HOUSE RESOLUTION 135

Rants of Woodbury called up for consideration House Resolution
135, a resolution honoring Thane R. Johnson upon his retirement
from the Legislative Service Bureau as a Senior Research Analyst,
and moved its adoption.

The motion prevailed and the resolution was adopted.

ADOPTION OF HOUSE RESOLUTION 134

Rants of Woodbury called up for consideration House Resolution
134, a resolution honoring Diane E. Bolender upon her retirement as
Director of the Legislative Service Bureau, and moved its adoption.

The motion prevailed and the resolution was adopted.

Speaker Siegrist in the chair at 9:17 a.m.

SPECIAL PRESENTATION TO HOUSE PAGES

Speaker Siegrist invited the House Pages to the Speakerís station
for a special presentation and thanked them for their service to the
House of Representatives.

Certificates of excellence for serving with honor and distinction as
a House Page during the Second Regular Session of the Seventy-
ninth General Assembly were presented to the following Pages by
Speaker Siegrist, Majority Leader Christopher Rants of Woodbury
and Minority Leader Dick Myers of Johnson County.

Jonathan Bracewell Erin Kreiman
Laura Byrd Jonathan Law
Rebecca Castle Megan Mahler
Milissa Clark Autumn Noble
Daniel Dvorak Megan Riney
Sara Hildreth Brian Rolek
Mindy Jensen Kylene Wentland

CONSIDERATION OF BILLS
Unfinished Business Calendar

House File 2468, a bill for an act relating to animal agriculture,
was taken up for consideration.

The House stood at ease at 9:31 a.m., until the fall of the gavel.

The House resumed session at 11:34 a.m., Speaker Siegrist in the
chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Atteberry of Delaware on request of Huser of Polk.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-seven members present, thirty-
three absent.

Klemme of Plymouth asked and received unanimous consent that
the committee amendment H-8613 be deferred.

Klemme of Plymouth offered the following amendment H-8649
filed by him and moved its adoption:

H-8649

1 Amend House File 2468 as follows:
2 1. By striking everything after the enacting
3 clause, and inserting the following:
4 "DIVISION I
5 REGULATION OF ANIMAL FEEDING OPERATIONS
6 Section 1. Section 4.1, Code 2001, is amended by
7 adding the following new subsection:
8 NEW SUBSECTION. 9A. "Internet" means the
9 federated international system that is composed of
10 allied electronic communication networks linked by
11 telecommunication channels, that uses standardized
12 protocols, and that facilitates electronic
13 communication services, including but not limited to
14 use of the world wide web; the transmission of
15 electronic mail or messages; the transfer of files and
16 data or other electronic information; and the
17 transmission of voice, image, and video.
18 Sec. 2. Section 455B.109, subsection 4, Code 2001,
19 is amended to read as follows:
20 4. All civil penalties assessed by the department
21 and interest on the penalties shall be deposited in
22 the general fund of the state. However, civil
23 penalties assessed by the department and interest on
24 the civil penalties, arising out of violations
25 committed by involving animal feeding operations under
26 division II, part 2, shall be deposited in the manure
27 storage indemnity animal agriculture compliance fund
28 as created in section 455J.2 455B.127. Civil
29 penalties assessed by the department and interest on
30 the penalties arising out of violations committed by
31 animal feeding operations under division III, which
32 may be assessed pursuant to section 455B.191, shall
33 also be deposited in the manure storage indemnity
34 animal agriculture compliance fund as created in
35 section 455J.2.
36 Sec. 3. Section 455B.110, subsection 3, Code 2001,
37 is amended by striking the subsection.
38 PART 2
39 ANIMAL FEEDING OPERATIONS
40 Sec. 4. NEW SECTION. 455B.125 COUNTY ASSESSMENT
41 OF FEES PROHIBITED.
42 A county shall not assess or collect a fee under

43 this chapter for the regulation of animal agriculture,
44 including but not limited to any fee related to the
45 filing, consideration, or evaluation of an application
46 for a construction permit pursuant to section
47 455B.200A or the filing of a manure management plan
48 pursuant to section 455B.203.
49 Sec. 5. NEW SECTION. 455B.126 ANIMAL AGRICULTURE
50 COMPLIANCE FEES - DELINQUENCIES.

Page 2

1 If a fee imposed under this chapter for deposit
2 into the animal agriculture compliance fund is
3 delinquent, the department may charge interest on any
4 amount of the fee that is delinquent. The rate of
5 interest shall not be more than the current rate
6 published in the Iowa administrative bulletin by the
7 department of revenue and finance pursuant to section
8 421.7. The interest amount shall be computed from the
9 date that the fee is delinquent, unless the department
10 designates a later date. The interest amount shall
11 accrue for each month in which a delinquency is
12 calculated as provided in section 421.7, and counting
13 each fraction of a month as an entire month. The
14 interest amount shall become part of the amount of the
15 fee due.
16 Sec. 6. NEW SECTION. 455B.127 ANIMAL AGRICULTURE
17 COMPLIANCE FUND.
18 1. An animal agriculture compliance fund is
19 created in the state treasury under the control of the
20 department. The compliance fund is separate from the
21 general fund of the state.
22 2. The compliance fund is composed of two
23 accounts, the general account and the assessment
24 account.
25 a. The general account is composed of moneys
26 appropriated by the general assembly and moneys
27 available to and obtained or accepted by the
28 department from the United States government or
29 private sources for placement in the compliance fund.
30 Unless otherwise specifically provided in statute,
31 moneys required to be deposited in the compliance fund
32 shall be deposited into the general account. The
33 general account shall include moneys deposited into
34 the account from all of the following:
35 (1) The construction permit application fee
36 required pursuant to section 455B.200A.
37 (2) The manure management plan filing fee required
38 pursuant to section 455B.203.
39 (3) Fees paid by persons required to be certified
40 as commercial manure applicators or confinement site
41 manure applicators pursuant to section 455B.203A.

42 (4) The collection of civil penalties assessed by
43 the department and interest on civil penalties,
44 arising out of violations involving animal feeding
45 operations as provided in sections 455B.167 and
46 455B.207.
47 b. The assessment account is composed of moneys
48 collected from the annual compliance fee required
49 pursuant to section 455B.203C.
50 3. Moneys in the compliance fund are appropriated

Page 3

1 to the department exclusively to pay the expenses of
2 the department in administering and enforcing the
3 provisions of division II, part 2, and division III,
4 part 1, subpart A, as necessary to ensure that animal
5 feeding operations comply with all applicable
6 requirements of those provisions, including rules
7 adopted or orders issued by the department pursuant to
8 those provisions. The moneys shall not be
9 transferred, used, obligated, appropriated, or
10 otherwise encumbered except as provided in this
11 subsection. The department shall not transfer moneys
12 from the compliance fund's assessment account to
13 another fund or account, including but not limited to
14 the fund's general account.
15 4. Moneys in the fund, which may be subject to
16 warrants written by the director of revenue and
17 finance, shall be drawn upon the written requisition
18 of the director of the department of natural resources
19 or an authorized representative of the director.
20 5. Notwithstanding section 8.33, any unexpended
21 balance in the compliance fund at the end of the
22 fiscal year shall be retained in the fund.
23 Notwithstanding section 12C.7, subsection 2, interest,
24 earnings on investments, or time deposits of the
25 moneys in the compliance fund shall be credited to the
26 fund.
27 Sec. 7. Section 455B.161, subsections 2, 3, 4, 5,
28 9, 11, 16, 21, and 24, Code 2001, are amended to read
29 as follows:
30 2. "Anaerobic lagoon" means an impoundment used in
31 conjunction with an animal feeding operation unformed
32 manure storage structure, if the primary function of
33 the impoundment structure is to store and stabilize
34 organic wastes manure, the impoundment structure is
35 designed to receive wastes manure on a regular basis,
36 and the impoundment's structure's design waste loading
37 rates provide that the predominant biological activity
38 is anaerobic. An anaerobic lagoon does not include
39 any of the following:
40 a. A confinement feeding operation structure.

41 b. A runoff control basin which collects and
42 stores only precipitation-induced runoff from an
43 animal feeding operation in which animals are confined
44 to areas which are unroofed or partially roofed and in
45 which no crop, vegetation, or forage growth or residue
46 cover is maintained during the period in which animals
47 are confined in the operation.
48 c. b. An anaerobic treatment system which that
49 includes collection and treatment facilities for all
50 off gases.

Page 4

1 3. "Animal" means a domesticated animal belonging
2 to the bovine, porcine, ovine, caprine, equine, or
3 avian species classified as cattle, swine, horses,
4 sheep, chickens or turkeys.
5 4. "Animal feeding operation" means a lot, yard,
6 corral, building, or other area in which animals are
7 confined and fed and maintained for forty-five days or
8 more in any twelve-month period, and all structures
9 used for the storage of manure from animals in the
10 operation. Two or more animal feeding operations
11 under common ownership or management are deemed to be
12 a single animal feeding operation if they are adjacent
13 or utilize a common system for manure storage. An
14 animal feeding operation does not include a livestock
15 market.
16 5. "Animal feeding operation structure" means an
17 anaerobic lagoon or confinement feeding operation
18 structure a confinement building, manure storage
19 structure, or egg washwater storage structure.
20 9. "Confinement feeding operation building" or
21 "confinement building" means a building used in
22 conjunction with a confinement feeding operation to
23 house animals.
24 11. "Confinement feeding operation structure"
25 means a formed manure storage an animal feeding
26 operation structure, egg washwater storage structure,
27 earthen manure storage basin, or confinement building.
28 A confinement feeding operation structure does not
29 include an anaerobic lagoon that is part of a
30 confinement feeding operation.
31 16. "Formed manure storage structure" means a
32 structure, either covered or uncovered, impoundment
33 used to store manure from a confinement an animal
34 feeding operation, which has walls and a floor
35 constructed of concrete, concrete block, wood, steel,
36 or similar materials.
37 21. "Small animal feeding operation" means an
38 animal feeding operation which has an animal weight
39 animal unit capacity of two hundred thousand pounds or

40 less for animals other than bovine, or four hundred
41 thousand pounds five hundred or less for bovine fewer
42 animal units.
43 24. "Unformed manure storage structure" means a
44 covered or uncovered animal feeding operation
45 structure in which impoundment used to store manure is
46 stored, other than a formed manure storage structure,
47 which is includes an anaerobic lagoon, aerobic
48 structure, or earthen manure storage basin.
49 Sec. 8. Section 455B.161, Code 2001, is amended by
50 adding the following new subsections:

Page 5

1 NEW SUBSECTION. 6A. "Animal unit" means a unit of
2 measurement based upon the product of multiplying the
3 number of animals of each category by a special
4 equivalency factor as follows:
5 a. Slaughter or feeder cattle 1.000
6 b. Immature dairy cattle 1.000
7 c. Mature dairy cattle 1.400
8 d. Butcher or breeding swine weighing
9 more than fifty-five pounds 0.400
10 e. Swine weighing fifteen pounds or more
11 but not more than fifty-five pounds 0.100
12 f. Sheep or lambs 0.100
13 g. Horses 2.000
14 h. Turkeys 0.018
15 i. Broiler or layer chickens 0.010
16 NEW SUBSECTION. 6B. "Animal unit capacity" means
17 a measurement used to determine the maximum number of
18 animal units that may be maintained as part of an
19 animal feeding operation at any one time, including as
20 provided in sections 455B.161A and 455B.200B.
21 NEW SUBSECTION. 8A. "Commission" means the
22 environmental protection commission created pursuant
23 to section 455A.6.
24 NEW SUBSECTION. 18A. "Manure storage structure"
25 means a formed manure storage structure or an unformed
26 manure storage structure. A manure storage structure
27 does not include an egg washwater storage structure.
28 NEW SUBSECTION. 18B. "Public thoroughfare" means
29 a road, street, or bridge that is constructed or
30 maintained by the state or a political subdivision.
31 NEW SUBSECTION. 19A. "Qualified confinement
32 feeding operation" means a confinement feeding
33 operation having an animal unit capacity of any of the
34 following:
35 a. For a confinement feeding operation maintaining
36 animals other than swine as part of a farrowing and
37 gestating operation or farrow-to-finish operation or
38 cattle as part of a cattle operation, five thousand

39 three hundred thirty-three or more animal units.
40 b. For a confinement feeding operation maintaining
41 swine as part of a farrowing and gestating operation,
42 two thousand five hundred or more animal units.
43 c. For a confinement feeding operation maintaining
44 swine as part of a swine farrow-to-finish operation,
45 five thousand four hundred or more animal units.
46 d. For a confinement feeding operation maintaining
47 cattle, eight thousand five hundred or more animal
48 units.
49 Sec. 9. Section 455B.161A, subsection 1, Code
50 2001, is amended by striking the subsection and

Page 6

1 inserting in lieu thereof the following:
2 1. Two or more animal feeding operations under
3 common ownership or management are deemed to be a
4 single animal feeding operation if they are adjacent
5 or utilize a common system for manure storage. For
6 purposes of determining whether two or more
7 confinement feeding operations are adjacent, all of
8 the following must apply:
9 a. At least one confinement feeding operation
10 structure must be constructed on or after March 21,
11 1996.
12 b. A confinement feeding operation structure which
13 is part of one confinement feeding operation is
14 separated by less than a minimum required distance
15 from a confinement feeding operation structure which
16 is part of the other confinement feeding operation.
17 The minimum required distance shall be as follows:
18 (1) (a) One thousand two hundred fifty feet for a
19 confinement feeding operation having an animal unit
20 capacity of less than three thousand animal units for
21 animals other than swine maintained as part of a swine
22 farrowing and gestating operation or farrow-to-finish
23 operation, or cattle maintained as part of a cattle
24 operation.
25 (b) One thousand two hundred fifty feet for a
26 confinement feeding operation having an animal unit
27 capacity of less than one thousand two hundred fifty
28 animal units for swine maintained as part of a
29 farrowing and gestating operation, less than two
30 thousand seven hundred animal units for swine
31 maintained as part of a farrow-to-finish operation, or
32 less than four thousand animal units for cattle
33 maintained as part of a cattle operation.
34 (2) (a) One thousand five hundred feet for a
35 confinement feeding operation having an animal unit
36 capacity of three thousand or more but less than five
37 thousand animal units for animals other than swine

38 maintained as part of a swine farrowing and gestating
39 operation or farrow-to-finish operation, or cattle
40 maintained as part of a cattle operation.
41 (b) One thousand five hundred feet for a
42 confinement feeding operation having an animal unit
43 capacity of one thousand two hundred fifty or more but
44 less than two thousand animal units for swine
45 maintained as part of a swine farrowing and gestating
46 operation, two thousand seven hundred or more but less
47 than five thousand four hundred animal units for swine
48 maintained as part of a farrow-to-finish operation, or
49 four thousand or more but less than six thousand five
50 hundred animal units for cattle maintained as part of

Page 7

1 a cattle operation.
2 (3) (a) Two thousand five hundred feet for a
3 confinement feeding operation having an animal unit
4 capacity of five thousand or more animal units for
5 animals other than swine maintained as part of a swine
6 farrowing and gestating operation or farrow-to-finish
7 operation, or cattle maintained as part of a cattle
8 operation.
9 (b) Two thousand five hundred feet for a
10 confinement feeding operation having an animal unit
11 capacity of two thousand or more animal units for
12 swine maintained as part of a swine farrowing and
13 gestating operation, five thousand four hundred animal
14 units or more for swine maintained as part of a
15 farrow-to-finish operation, or six thousand five
16 hundred or more animal units for cattle maintained as
17 part of a cattle operation.
18 Sec. 10. Section 455B.161A, Code 2001, is amended
19 by adding the following new subsections:
20 NEW SUBSECTION. 3. In calculating the animal unit
21 capacity of a confinement feeding operation, the
22 animal unit capacity shall include the animal unit
23 capacity of all confinement feeding operation
24 buildings which are part of the confinement feeding
25 operation, unless a confinement feeding operation
26 building has been abandoned.
27 NEW SUBSECTION. 4. A confinement feeding
28 operation structure is abandoned if the confinement
29 feeding operation structure has been razed, removed
30 from the site of a confinement feeding operation,
31 filled in with earth, or converted to uses other than
32 a confinement feeding operation structure so that it
33 cannot be used as a confinement feeding operation
34 structure without significant reconstruction.
35 NEW SUBSECTION. 5. All distances between
36 locations of objects provided in this part shall be

37 measured in feet from their closest points, as
38 provided by rules adopted by the department. However,
39 a distance between a public thoroughfare and a
40 confinement feeding operation structure shall be
41 measured from the portion of the right-of-way which is
42 closest to the confinement feeding operation
43 structure.
44 Sec. 11. Section 455B.162, subsection 1,
45 unnumbered paragraphs 1 and 2, Code 2001, are amended
46 to read as follows:
47 Except as provided in subsection subsections 3 and
48 6, and sections 455B.163 and 455B.165, this subsection
49 applies to animal confinement feeding operation
50 structures constructed on or after May 31, 1995, but

Page 8

1 prior to January 1, 1999; and to the expansion of
2 structures constructed prior to January 1, 1999.
3 The following table represents the minimum
4 separation distance in feet required between an animal
5 a confinement feeding operation structure and a
6 residence not owned by the owner of the animal
7 confinement feeding operation, or a commercial
8 enterprise, bona fide religious institution, or an
9 educational institution:
10 Sec. 12. Section 455B.162, subsection 2,
11 unnumbered paragraph 1, Code 2001, is amended to read
12 as follows:
13 Except as provided in subsection subsections 3 and
14 6, and sections 455B.163 and 455B.165, this subsection
15 applies to animal confinement feeding operation
16 structures constructed on or after January 1, 1999,
17 but prior to March 1, 2003, and to the expansion of
18 structures constructed on or after January 1, 1999,
19 but prior to March 1, 2003.
20 PARAGRAPH DIVIDED. The following table represents
21 the minimum separation distance in feet required
22 between an animal a confinement feeding operation
23 structure and a residence not owned by the owner of
24 the animal confinement feeding operation, or a
25 commercial enterprise, bona fide religious
26 institution, or an educational institution:
27 Sec. 13. Section 455B.162, subsection 3,
28 unnumbered paragraph 1, Code 2001, is amended to read
29 as follows:
30 Except as provided in subsection 6, and sections
31 455B.163 and 455B.165, this subsection applies to
32 animal confinement feeding operation structures
33 constructed on or after May 31, 1995, but prior to
34 March 1, 2003; to the expansion of structures
35 constructed on or after May 31, 1995, but prior to

36 March 1, 2003; and to the expansion of structures
37 constructed prior to May 31, 1995.
38 PARAGRAPH DIVIDED. The following table represents
39 the minimum separation distance in feet required
40 between animal a confinement feeding operation
41 structures structure and a public use area; or between
42 a confinement feeding operation structure and a
43 residence not owned by the owner of the animal
44 confinement feeding operation, a commercial
45 enterprise, a bona fide religious institution, or an
46 educational institution, if the residence, commercial
47 enterprise, religious institution, or educational
48 institution is located within the corporate limits of
49 a city:
50 Sec. 14. Section 455B.162, Code 2001, is amended

Page 9

1 by adding the following new subsections:
2 NEW SUBSECTION. 3A. Except as provided in
3 subsections 3B and 6, and sections 455B.163 and
4 455B.165, this subsection applies to confinement
5 feeding operation structures constructed on or after
6 March 1, 2003, and to the expansion of confinement
7 feeding operation structures constructed on or after
8 March 1, 2003.
9 The following table represents the minimum
10 separation distance in feet required between a
11 confinement feeding operation structure and a
12 residence not owned by the owner of the confinement
13 feeding operation, a commercial enterprise, a bona
14 fide religious institution, or an educational
15 institution:
16 For a
17 For a confinement For a
18 confinement feeding confinement
19 feeding operation feeding
20 operation having an operation
21 having an animal unit having an
22 animal unit capacity of animal unit
23 capacity of 1,000 or more capacity of
24 less than but less than 3,000 or
25 1,000 animal 3,000 animal more animal
26 Type of structure units units units j
27 Anaerobic lagoon 1,875 2,500 3,000
28 Uncovered earthen
29 manure storage
30 basin 1,875 2,500 3,000
31 Uncovered formed
32 manure storage
33 structure 1,500 2,000 2,500
34 Covered earthen

35 manure storage
36 basin 1,250 1,875 2,375
37 Covered formed
38 manure storage
39 structure 1,250 1,875 2,375
40 Confinement
41 building 1,250 1,875 2,375
42 Egg washwater
43 storage
44 structure 1,000 1,500 2,000
45 NEW SUBSECTION. 3B. Except as provided in
46 subsection 6, and sections 455B.163 and 455B.165, this
47 subsection applies to confinement feeding operation
48 structures constructed on or after March 1, 2003, and
49 to the expansion of confinement feeding operation
50 structures constructed on or after March 1, 2003.

Page 10

1 The following table represents the minimum
2 separation distance in feet required between a
3 confinement feeding operation structure and a public
4 use area; or between a confinement feeding operation
5 structure and a residence not owned by the owner of
6 the confinement feeding operation, a commercial
7 enterprise, a bona fide religious institution, or an
8 educational institution, if the residence, commercial
9 enterprise, religious institution, or educational
10 institution is located within the corporate limits of
11 a city:
12 For a
13 For a confinement For a
14 confinement feeding confinement
15 feeding operation feeding
16 operation having an operation
17 having an animal unit having an
18 animal unit capacity of animal unit
19 capacity of 1,000 or more capacity of
20 less than but less than 3,000 or
21 1,000 animal 3,000 animal more animal
22 Type of structure units units units j
23 Confinement feeding
24 operation
25 structure 1,875 2,500 3,000
26 Sec. 15. Section 455B.162, subsection 4, Code
27 2001, is amended to read as follows:
28 4. Except as provided in section 455B.165, on and
29 after January 1, 1999, an animal a confinement feeding
30 operation structure shall not be constructed or
31 expanded within one hundred feet from a public
32 thoroughfare, including a road, street, or bridge
33 which is constructed or maintained by the state or a

34 political subdivision.
35 Sec. 16. Section 455B.162, subsection 6,
36 paragraphs a and c, Code 2001, are amended by striking
37 the paragraphs.
38 Sec. 17. Section 455B.162, subsection 6, paragraph
39 b, Code 2001, is amended to read as follows:
40 b. a. A Except as provided in paragraph "b", a
41 qualified confinement feeding operation storing manure
42 in a manure storage structure shall only use an animal
43 feeding operation a manure storage structure which
44 that employs bacterial action which is maintained by
45 the utilization of air or oxygen, and which shall
46 include aeration equipment. The type and degree of
47 treatment technology required to be installed shall be
48 based on the size of the confinement feeding
49 operation, according to rules adopted by the
50 department. The equipment shall be installed,

Page 11

1 operated, and maintained in accordance with the
2 manufacturer's instructions and requirements of rules
3 adopted pursuant to this subsection.
4 b. The requirements of paragraph "a" do not apply
5 to any of the following:
6 (1) A qualified confinement feeding operation
7 which includes a confinement feeding operation
8 structure constructed prior to May 31, 1995.
9 (2) A qualified confinement feeding operation that
10 stores manure on a dry matter basis.
11 Sec. 18. Section 455B.163, subsections 1 and 2,
12 Code 2001, are amended to read as follows:
13 1. a. An animal For a confinement feeding
14 operation structure as constructed or expanded prior
15 to January 1, 1999, any construction or expansion of a
16 confinement feeding operation structure complies with
17 the distance requirements applying to that structure
18 as provided in section 455B.162, subsections 1 and 3.
19 b. An animal For a confinement feeding operation
20 structure as constructed or expanded on or after
21 January 1, 1999, but prior to March 1, 2003, any
22 construction or expansion of a confinement feeding
23 operation structure complies with the distance
24 requirements applying to that structure as provided in
25 section 455B.162, subsections 2 and 3.
26 c. For a confinement feeding operation constructed
27 on or after March 1, 2003, any construction or
28 expansion of a confinement feeding operation structure
29 complies with the distance requirements applying to
30 that structure as provided in section 455B.162,
31 subsections 3A and 3B.
32 2. All of the following apply to the expansion of

33 the animal confinement feeding operation:
34 a. No portion of the animal confinement feeding
35 operation after expansion is closer than before
36 expansion to a location or object for which separation
37 is required under section 455B.162.
38 b. The For a confinement feeding operation that
39 includes a confinement feeding operation structure
40 constructed prior to March 1, 2003, the animal weight
41 capacity of the animal confinement feeding operation
42 as expanded is not more than the lesser of the
43 following:
44 (1) Double its animal weight capacity on the
45 following dates:
46 (a) May 31, 1995, for an animal a confinement
47 feeding operation that includes a confinement feeding
48 operation structure constructed prior to January 1,
49 1999, or on.
50 (b) January 1, 1999, for an animal a confinement

Page 12

1 feeding operation that only includes a confinement
2 feeding operation structure constructed on or after
3 January 1, 1999, but does include a confinement
4 feeding operation structure constructed prior to March
5 1, 2003.
6 (2) Either of the following:
7 (a) Six hundred twenty-five thousand pounds animal
8 weight capacity for animals other than bovine cattle.
9 (b) One million six hundred thousand pounds animal
10 weight capacity for bovine cattle.
11 c. For a confinement feeding operation that does
12 not include a confinement feeding operation structure
13 constructed prior to March 1, 2003, the animal unit
14 capacity of the confinement feeding operation as
15 expanded is not more than the lesser of the following:
16 (1) Double its animal unit capacity on March 1,
17 2003.
18 (2) One thousand animal units.
19 Sec. 19. Section 455B.163, subsection 3,
20 unnumbered paragraph 1, Code 2001, is amended to read
21 as follows:
22 The animal confinement feeding operation was
23 includes a confinement feeding operation structure
24 that is constructed prior to January 1, 1999 March 1,
25 2003, and is expanded by replacing one or more
26 unformed manure storage structures with one or more
27 formed manure storage structures, if all of the
28 following apply:
29 Sec. 20. Section 455B.163, subsection 3, paragraph
30 a, Code 2001, is amended to read as follows:
31 a. The animal weight capacity or animal unit

32 capacity, whichever is applicable, is not increased
33 for that portion of the animal confinement feeding
34 operation that utilizes all replacement formed manure
35 storage structures.
36 Sec. 21. Section 455B.165, subsections 1, 4, and
37 5, Code 2001, are amended by striking the subsections.
38 Sec. 22. Section 455B.165, subsection 3, paragraph
39 a, Code 2001, is amended to read as follows:
40 a. An animal A confinement feeding operation
41 structure which is constructed or expanded, if the
42 titleholder of the land benefiting from the distance
43 separation requirement executes a written waiver with
44 the titleholder of the land where the structure is
45 located. If an animal a confinement feeding operation
46 structure is constructed or expanded within the
47 separation distance required between an animal a
48 confinement feeding operation structure and a public
49 thoroughfare as required pursuant to section 455B.162,
50 the state or a political subdivision constructing or

Page 13

1 maintaining the public thoroughfare benefiting from
2 the distance separation requirement may execute a
3 written waiver with the titleholder of the land where
4 the structure is located. The animal confinement
5 feeding operation structure shall be constructed or
6 expanded under such terms and conditions that the
7 parties negotiate.
8 Sec. 23. NEW SECTION. 455B.166 DEPARTMENT OF
9 NATURAL RESOURCES - DEVELOPMENT OF COMPREHENSIVE
10 PLANS AND PROGRAMS FOR AIR QUALITY.
11 1. As used in this section, unless the context
12 otherwise requires:
13 a. "Airborne pollutant" means hydrogen sulfide,
14 ammonia, or odor.
15 b. "Separated location" means a location or object
16 from which a separation distance is required under
17 section 455B.162, other than a public thoroughfare.
18 2. The department shall conduct a comprehensive
19 field study to monitor the level of airborne
20 pollutants emitted from animal feeding operations in
21 this state, including but not limited to each type of
22 confinement feeding operation structure.
23 3. a. After the completion of the field study,
24 the department may develop comprehensive plans and
25 programs for the abatement, control, and prevention of
26 airborne pollutants originating from animal feeding
27 operations in accordance with this section. The
28 comprehensive plans and programs may be developed if
29 the baseline data from the field study demonstrates to
30 a reasonable degree of scientific certainty that

31 airborne pollutants emitted by an animal feeding
32 operation are present at a separated location at
33 levels commonly known to cause a material and
34 verifiable adverse health effect. The department may
35 adopt any comprehensive plans or programs in
36 accordance with chapter 17A prior to implementation or
37 enforcement of an air quality standard but in no event
38 shall the plans and programs provide for the
39 enforcement of an air quality standard prior to
40 December 1, 2004.
41 b. Any air quality standard established by the
42 department for animal feeding operations shall be
43 based on and enforced at distances measured from a
44 confinement feeding operation structure to a separated
45 location. In providing for the enforcement of the
46 standards, the department shall take all initial
47 measurements at the separated location. If the
48 department determines that a violation of the
49 standards exists, the department may conduct an
50 investigation to trace the source of the airborne

Page 14

1 pollutant. This section does not prohibit the
2 department from entering the premises of an animal
3 feeding operation in compliance with section 455B.103.
4 The department shall comply with standard biosecurity
5 requirements customarily required by the animal
6 feeding operation which are necessary in order to
7 control the spread of disease among an animal
8 population.
9 c. The department shall establish recommended best
10 management practices, mechanisms, processes, or
11 infrastructure under the comprehensive plans and
12 programs in order to reduce the airborne pollutants
13 emitted from an animal feeding operation.
14 d. The department shall provide a procedure for
15 the approval and monitoring of alternative or
16 experimental practices, mechanisms, processes, or
17 infrastructure to reduce the airborne pollutants
18 emitted from an animal feeding operation, which may be
19 incorporated as part of the comprehensive plans and
20 programs developed under this section.
21 Sec. 24. NEW SECTION. 455B.167 CIVIL PENALTY.
22 A person who violates this part shall be subject to
23 a civil penalty which shall be established, assessed,
24 and collected in the same manner as provided in
25 section 455B.109. Any civil penalty collected shall
26 be deposited in the animal agriculture compliance fund
27 created in section 455B.127.
28 Sec. 25. Section 455B.171, subsections 2, 3, 4, 5,
29 6, 8, 20, 43, and 47, Code 2001, are amended by

30 striking the subsections.
31 Sec. 26. Section 455B.191, subsection 8, Code
32 2001, is amended to read as follows:
33 8. Moneys assessed and collected in civil
34 penalties and interest earned on civil penalties,
35 arising out of a violation involving an animal feeding
36 operation, shall be deposited in the manure storage
37 indemnity animal agriculture compliance fund as
38 created in section 455J.2 455B.127.
39 SUBPART B
40 ANIMAL FEEDING OPERATIONS
41 Sec. 27. Section 455B.200, Code 2001, is amended
42 to read as follows:
43 455B.200 GENERAL.
44 1. The commission shall establish by rule adopted
45 pursuant to chapter 17A, requirements relating to the
46 construction, including expansion, or operation of
47 animal feeding operations, including related animal
48 feeding operation structures. The requirements shall
49 include but are not limited to minimum manure control,
50 the issuance of permits, and departmental

Page 15

1 investigations, inspections, and testing.
2 2. Any provision referring generally to compliance
3 with the requirements of this chapter as applied to
4 animal feeding operations also includes compliance
5 with requirements in rules adopted by the commission
6 pursuant to this section, orders issued by the
7 department as authorized under this chapter, and the
8 terms and conditions applicable to permits or manure
9 management plans required under this subpart.
10 However, for purposes of approving or disapproving an
11 application for a construction permit as provided in
12 section 455B.200E, conditions for the approval of an
13 application based on results produced by a master
14 matrix are not requirements of this chapter until the
15 department approves or disapproves an application
16 based on those results.
17 3. The department and the attorney general shall
18 enforce the provisions of this chapter in the same
19 manner as provided in division I, unless otherwise
20 provided in this section.
21 Sec. 28. Section 455B.200A, subsections 1 through
22 4, Code 2001, are amended to read as follows:
23 1. The department shall issue approve or
24 disapprove applications for permits for the
25 construction, including the expansion, of animal
26 confinement feeding operation structures, including
27 structures which are part of confinement feeding
28 operations, as provided by rules adopted pursuant to

29 section 455B.200 this chapter. The department's
30 decision to approve or disapprove a permit for the
31 construction of a confinement feeding operation shall
32 be based on whether the application is submitted
33 according to procedures required by the department and
34 the application meets standards established by the
35 department. A person shall not begin construction of
36 a confinement feeding operation structure requiring a
37 permit under this section, unless the department shall
38 issue a first approves the person's application and
39 issues to the person a construction permit to an
40 animal feeding operation if an application is
41 submitted according to procedures required by the
42 department and. The department shall provide
43 conditions for requiring when a person must obtain a
44 construction permit.
45 a. Except as provided in paragraph "b", a person
46 must obtain a permit to construct any of the
47 following:
48 (1) A confinement feeding operation structure if
49 after construction its confinement feeding operation
50 would have an animal unit capacity of at least one

Page 16

1 thousand animal units.
2 (2) The confinement feeding operation structure is
3 an unformed manure storage structure.
4 b. A person is not required to obtain a permit to
5 construct a confinement feeding operation structure,
6 if any of the following apply:
7 (1) The confinement feeding operation structure,
8 if constructed, would be part of a small animal
9 feeding operation. However, the person must obtain a
10 permit under this section if the confinement feeding
11 operation structure is an unformed manure storage
12 structure.
13 (2) The confinement feeding operation structure is
14 part of a confinement feeding operation which is owned
15 by a research college conducting research activities
16 as provided in section 455B.206.
17 2. The department shall issue a construction
18 permit upon approval of an application. The
19 department shall approve the application meets
20 standards established by the department, if the
21 application is submitted to the county board of
22 supervisors in the county where the proposed
23 confinement feeding operation is to be located as
24 required pursuant to section 455B.200E, and the
25 application meets the requirements of this chapter.
26 If a county submits an approved recommendation
27 pursuant to a construction evaluation resolution filed

28 with the department, the application must also achieve
29 a satisfactory rating produced by the master matrix
30 used by the board or department under section
31 455B.200E. The department shall approve the
32 application regardless of whether the animal feeding
33 operation applicant is required to obtain such to be
34 issued a construction permit. The department shall
35 not require that a person obtain a permit for the
36 construction of an animal feeding operation structure
37 if the structure is part of a small animal feeding
38 operation. For purposes of this section, an animal
39 feeding operation structure includes a manure storage
40 structure.
41 2. 3. The department shall not issue approve an
42 application for a construction permit for the
43 construction of an animal feeding operation structure
44 which is part of a confinement feeding operation
45 unless the person applicant submits all of the
46 following:
47 a. An indemnity fee as provided in section 455J.3
48 which that the department shall deposit into the
49 manure storage indemnity fund created in section
50 455J.2.

Page 17

1 b. A manure management plan as provided in section
2 455B.203 and manure management plan filing fee as
3 provided in section 455B.203C.
4 c. A construction permit application fee as
5 provided in section 455B.203C.
6 3A. The applicant may submit a master matrix as
7 completed by the applicant.
8 3. 4. a. A confinement feeding operation meets
9 threshold requirements under this paragraph if the
10 confinement feeding operation after construction of a
11 proposed confinement feeding operation structure would
12 have a minimum animal unit capacity of the following:
13 (1) Three thousand animal units for animals other
14 than swine maintained as part of a swine farrowing and
15 gestating operation or farrow-to-finish operation or
16 cattle maintained as part of a cattle operation.
17 (2) One thousand two hundred fifty animal units
18 for swine maintained as part of a swine farrowing and
19 gestating operation.
20 (3) Two thousand seven hundred fifty animal units
21 for swine maintained as part of a farrow-to-finish
22 operation.
23 (4) Four thousand animal units for cattle
24 maintained as part of a cattle operation.
25 b. The department shall not issue approve an
26 application for a construction permit for the

27 construction of unless the following apply:
28 (1) If the application is for a permit to
29 construct an unformed manure storage structure, the
30 application must include a statement approved by a
31 professional engineer certifying that the construction
32 of the unformed manure storage structure complies with
33 the construction design standards required in this
34 subpart.
35 (2) If the application is for a permit to
36 construct three or more animal confinement feeding
37 operation structures unless the applicant files, the
38 application must include a statement approved by a
39 professional engineer registered pursuant to chapter
40 542B certifying providing that the construction of the
41 animal confinement feeding operation structures will
42 not impede the drainage through established drainage
43 tile lines which cross property boundary lines unless
44 measures are taken to reestablish the drainage prior
45 to completion of construction. For a confinement
46 feeding operation that meets threshold requirements,
47 the statement must be approved by a professional
48 engineer. Otherwise, if the application is for a
49 permit to construct a formed manure storage structure,
50 the statement must be part of the construction design

Page 18

1 statement as provided in section 455B.200C.
2 (3) If the application is for a permit to
3 construct a formed manure storage structure, other
4 than for a confinement feeding operation meeting
5 threshold requirements, the applicant must include a
6 construction design statement as provided in section
7 455B.200C. An application for a permit to construct a
8 formed manure storage structure as part of a
9 confinement feeding operation that meets threshold
10 requirements must include a statement approved by a
11 professional engineer certifying that the construction
12 of the formed manure storage structure complies with
13 the requirements of this subpart.
14 (4) The department may only require that an
15 application for a permit to construct a formed manure
16 storage structure or egg washwater storage structure
17 that is part of a confinement feeding operation
18 meeting threshold requirements include an engineering
19 report, construction plans, or specifications prepared
20 by a licensed professional engineer or the natural
21 resources conservation service of the United States
22 department of agriculture.
23 4. 5. Prior As a condition to issuing a permit to
24 a person approving an application for the construction
25 of an animal feeding operation a construction permit,

26 the department may require any of the following:
27 a. The installation of a related pollution control
28 device or practice, including but not limited to the
29 installation and operation of a hydrological water
30 pollution monitoring system for an exclusively earthen
31 unformed manure storage structure according to rules
32 which shall be adopted by the department.
33 b. The department's approval of the installation
34 of any proposed system to permanently lower the
35 groundwater table at a site as part of the
36 construction of an unformed manure storage structure,
37 as is necessary to ensure that the unformed manure
38 storage structure does not pollute groundwater
39 sources, including providing for standards as provided
40 in section 455B.205.
41 Sec. 29. Section 455B.200A, subsections 5 through
42 8, Code 2001, are amended by striking the subsections.
43 Sec. 30. Section 455B.200B, unnumbered paragraph
44 1, Code 2001, is amended to read as follows:
45 For purposes of this part subpart, all of the
46 following shall apply:
47 Sec. 31. Section 455B.200B, subsection 1, Code
48 2001, is amended by striking the subsection and
49 inserting in lieu thereof the following:
50 1. Two or more animal feeding operations under

Page 19

1 common ownership or management are deemed to be a
2 single animal feeding operation if they are adjacent
3 or utilize a common area or system for manure
4 disposal. In addition, for purposes of determining
5 whether two or more confinement feeding operations are
6 adjacent, all of the following must apply:
7 a. At least one confinement feeding operation
8 structure must be constructed on and after May 21,
9 1998.
10 b. A confinement feeding operation structure which
11 is part of one confinement feeding operation is
12 separated by less than a minimum required distance
13 from a confinement feeding operation structure which
14 is part of the other confinement feeding operation.
15 The minimum required distance shall be as follows:
16 (1) One thousand two hundred fifty feet for
17 confinement feeding operations having a combined
18 animal unit capacity of less than one thousand animal
19 units.
20 (2) Two thousand five hundred feet for confinement
21 feeding operations having a combined animal unit
22 capacity of one thousand animal units or more.
23 Sec. 32. Section 455B.200B, Code 2001, is amended
24 by adding the following new subsections:

25 NEW SUBSECTION. 3. In calculating the animal unit
26 capacity of a confinement feeding operation, the
27 animal unit capacity shall include the animal unit
28 capacity of all confinement feeding operation
29 buildings which are part of the confinement feeding
30 operation, unless a confinement feeding operation
31 building has been abandoned as provided in section
32 455B.161A.
33 NEW SUBSECTION. 4. All distances between
34 locations or objects provided in this subpart shall be
35 measured in feet from their closest points.
36 NEW SUBSECTION. 5. a. The department shall
37 designate by rule each one hundred year floodplain in
38 this state according to the location of the one
39 hundred year floodplain. A person shall not be
40 prohibited from constructing a confinement feeding
41 operation on a one hundred year floodplain unless the
42 one hundred year floodplain is designated by rule in
43 accordance with this subsection.
44 b. (1) Until the effective date of rules adopted
45 by the department to designate the location of each
46 one hundred year floodplain in this state, a person
47 shall not construct a confinement feeding operation
48 structure on land that contains a soil type classified
49 as alluvial unless the one of the following applies:
50 (a) If the person does not apply for a

Page 20

1 construction permit as provided in section 455B.200A,
2 the person must petition the department for a
3 declaratory order pursuant to section 17A.9 to
4 determine whether the location of the proposed
5 confinement feeding operation structure is located on
6 a one hundred year floodplain. The department shall
7 issue a declaratory order in response to the petition,
8 notwithstanding any other provision provided in
9 section 17A.9 to the contrary, within thirty days from
10 the date that the petition is filed with the
11 department.
12 (b) If the person does apply for a construction
13 permit as provided in section 455B.200A, the person
14 must identify that the land contains a soil type
15 classified as alluvial. The department shall
16 determine whether the land is located on a one hundred
17 year floodplain.
18 (2) The department shall provide in its
19 declaratory order or its approval or disapproval of a
20 construction permit application a determination
21 regarding whether the confinement feeding operation is
22 to be located on a one hundred year floodplain,
23 whether the confinement feeding operation may be

24 constructed at the location, and any conditions for
25 the construction.
26 (3) This paragraph "b" is repealed on the
27 effective date that rules are adopted by the
28 department pursuant to paragraph "a". The department
29 shall provide a caption on the adopted rule as
30 published in the Iowa administrative bulletin as
31 provided in section 17A.4, stating that this paragraph
32 is repealed as provided in this subparagraph
33 subdivision. The director of the department shall
34 deliver a copy of the adopted rule to the Iowa Code
35 editor.
36 NEW SUBSECTION. 6. As used in this subpart,
37 unless the context otherwise requires:
38 a. "Critical public area" means land as designated
39 by the department pursuant to rules adopted pursuant
40 to chapter 17A, if all of the following apply:
41 (1) The land is part of a public park, preserve,
42 or recreation area that is owned or managed by the
43 federal government; by the department, including under
44 chapter 461A or 465C; or by a political subdivision.
45 (2) The land has a unique scenic, cultural,
46 archaeological, scientific, or historic significance
47 or contains a rare or valuable ecological system.
48 b. "Designated wetland" means land designated as a
49 protected wetland by the United States department of
50 the interior or the department of natural resources,

Page 21

1 including but not limited to a protected wetland as
2 defined in section 456B.1, if the land is owned and
3 managed by the federal government or the department of
4 natural resources. However, a designated wetland does
5 not include land where an agricultural drainage well
6 has been plugged causing a temporary wetland or land
7 within a drainage district or levee district.
8 c. "Document" means any form required to be
9 processed by the department under this subpart
10 regulating animal feeding operations, including but
11 not limited to applications or related materials for
12 permits as provided in section 455B.200A, manure
13 management plans as provided in section 455B.203,
14 comment or evaluation by a county board of supervisors
15 considering an application for a construction permit,
16 the department's analysis of the application including
17 using and responding to a master matrix pursuant to
18 section 455B.200E, and notices required under those
19 sections.
20 d. "High-quality water resource" means that part
21 of a water source or wetland that the department has
22 designated as any of the following:

23 (1) A high-quality water (Class "HQ") or a high-
24 quality resource water (Class "HQR") according to 567
25 IAC ch. 61, in effect on January 1, 2001.
26 (2) A protected water area system, according to a
27 state plan adopted by the department in effect on
28 January 1, 2001.
29 e. "Karst terrain" means land having karst
30 formations that exhibit surface and subterranean
31 features of a type produced by the dissolution of
32 limestone, dolomite, or other soluble rock and
33 characterized by closed depressions, sinkholes, or
34 caves.
35 f. "Major water source" means a water source that
36 is a lake, reservoir, river, or stream located within
37 the territorial limits of the state, or any marginal
38 river area adjacent to the state, if the water source
39 is capable of supporting a floating vessel capable of
40 carrying one or more persons during a total of a six-
41 month period in one out of ten years, excluding
42 periods of flooding which has been identified by rules
43 adopted by the commission.
44 g. "One hundred year floodplain" means the land
45 adjacent to a major water source, if there is at least
46 a one percent chance that the land will be inundated
47 in any one year, according to calculations adopted by
48 rules adopted pursuant to section 455B.200. In making
49 the calculations, the department shall consider
50 available maps or data compiled by the federal

Page 22

1 emergency management agency.
2 h. "Professional engineer" means a person engaged
3 in the practice of engineering as defined in section
4 542B.2 who is issued a certificate of licensure as a
5 professional engineer pursuant to section 542B.17.
6 i. "Water of the state" means the same as defined
7 in section 455B.171.
8 j. "Water source" means a lake, river, reservoir,
9 creek, stream, ditch, or other body of water or
10 channel having definite banks and a bed with water
11 flow, except lakes or ponds without outlet to which
12 only one landowner is riparian.
13 Sec. 33. NEW SECTION. 455B.200C CONSTRUCTION
14 DESIGN STATEMENT - FORMED MANURE STORAGE STRUCTURES.
15 1. a. Except as provided in paragraph "b", a
16 person shall not construct a formed manure storage
17 structure, unless the person submits a construction
18 design statement for filing with the department.
19 b. The following persons are not required to
20 submit a construction design statement with the
21 department:

22 (1) A person who constructs a formed manure
23 storage structure as part of a small animal feeding
24 operation.
25 (2) A person who submits a statement approved by a
26 professional engineer certifying that the construction
27 of the formed manure storage structure complies with
28 the construction design standards required in this
29 subpart, including a person required to submit such a
30 statement as part of an application for a construction
31 permit pursuant to section 455B.200A.
32 2. The construction design statement must include
33 all of the following:
34 a. A summary description of the type of formed
35 manure storage structure proposed to be constructed,
36 including whether such formed manure storage structure
37 is to be constructed of concrete.
38 b. (1) If the formed manure storage structure is
39 to be constructed of concrete, a statement by the
40 person responsible for constructing the formed manure
41 storage structure certifying that such person will
42 construct the formed manure storage structure in
43 accordance with the construction design standards
44 required in this subpart.
45 (2) If the formed manure storage structure is not
46 to be constructed of concrete, a statement by the
47 person responsible for constructing the formed manure
48 storage structure certifying that such person will
49 construct the formed manure storage structure in
50 accordance with the construction design standards

Page 23

1 required in this subpart.
2 c. If a construction permit is required pursuant
3 to section 455B.200A for the construction of three or
4 more confinement feeding operation structures that
5 include a formed manure storage structure, the
6 contractor must provide that the construction of the
7 formed manure storage structure will not impede
8 drainage through established drainage tile lines which
9 cross property boundary lines unless measures are
10 taken to reestablish the drainage prior to completion
11 of construction.
12 d. A manure management plan as required in section
13 455B.203 which may be submitted as part of an
14 application for a construction permit as provided in
15 section 455B.200A.
16 3. Unless the construction design statement is
17 part of a construction permit application as provided
18 in section 455B.200A, the department shall file the
19 construction design statement. Otherwise, the
20 department shall approve or disapprove the

21 construction design statement as part of the
22 construction permit application. The construction
23 design statement shall be considered filed on the date
24 that it is first received by the department. The
25 department may request information from the person
26 submitting the construction design statement if the
27 department determines that it is incorrect or
28 incomplete. Within thirty days after filing the
29 construction design statement, the department shall
30 notify the person that the construction design
31 statement is filed and request any additional
32 information.
33 Sec. 34. NEW SECTION. 455B.200D DOCUMENT
34 PROCESSING REQUIREMENTS.
35 1. The department shall adopt and promulgate forms
36 required to be completed in order to comply with this
37 subpart including forms for documents that the
38 department shall make available on the internet.
39 2. a. The department shall provide for procedures
40 for the receipt, filing, processing, and return of
41 documents in an electronic format, including but not
42 limited to the transmission of documents by the
43 internet. The department shall provide for
44 authentication of the documents that may include
45 electronic signatures as provided in chapter 554D.
46 b. The department shall to every extent feasible
47 provide for the processing of permits and manure
48 management plans required under this subpart using
49 electronic systems, including programming, necessary
50 to ensure the completeness and accuracy of the

Page 24

1 documents in accordance with the requirements of this
2 subpart.
3 Sec. 35. NEW SECTION. 455B.200E CONSTRUCTION
4 PERMIT APPLICATION PROCEDURE - COMMENTS - MASTER
5 MATRIX.
6 1. a. The department shall deliver a copy or
7 require the applicant to deliver a copy of the
8 application for a permit to construct, including
9 expanding, a confinement feeding operation structure
10 pursuant to section 455B.200A, including supporting
11 documents, to the county board of supervisors in the
12 county where the confinement feeding operation
13 structure subject to the permit is proposed to be
14 constructed.
15 b. The county auditor or other county officer
16 designated by the county board of supervisors may
17 accept the application on behalf of the board. If the
18 department requires the applicant to deliver a copy of
19 the application to the county board of supervisors,

20 the board shall notify the department that the board
21 has received the application according to procedures
22 required by the department.
23 2. Regardless of whether the county board of
24 supervisors has adopted a construction evaluation
25 resolution, the county may provide comment to the
26 department on a construction permit application for a
27 confinement feeding operation structure.
28 a. The board shall provide for comment as follows:
29 (1) The board shall publish a notice that the
30 board has received the application in a newspaper
31 having a general circulation in the county.
32 (2) The notice shall include all of the following:
33 (a) The name of the person applying to receive the
34 construction permit.
35 (b) The name of the township where the confinement
36 feeding operation structure is to be constructed.
37 (c) Each type of confinement feeding operation
38 structure proposed to be constructed.
39 (d) The animal unit capacity of the confinement
40 feeding operation if the construction permit were to
41 be approved.
42 (e) The time when and the place where the
43 application may be examined as provided in section
44 22.2.
45 (f) Procedures for providing public comments to
46 the board as provided by the board.
47 b. The board may hold a public hearing to receive
48 public comments regarding the application. The county
49 board of supervisors may submit comments by the board
50 and the public to the department as provided in this

Page 25

1 section, including but not limited to all of the
2 following:
3 (1) The existence of an object or location not
4 included in the application that benefits from a
5 separation distance requirement as provided in section
6 455B.162 or 455B.204.
7 (2) The suitability of soils and the hydrology of
8 the site where construction of a confinement feeding
9 operation structure is proposed.
10 (3) The availability of land for the application
11 of manure originating from the confinement feeding
12 operation.
13 (4) Whether the construction of a proposed
14 confinement feeding operation structure will impede
15 drainage through established tile lines, laterals, or
16 other improvements which are constructed to facilitate
17 the drainage of land not owned by the person applying
18 for the construction permit.

19 3. A county board of supervisors may adopt a
20 construction evaluation resolution relating to the
21 construction of a confinement feeding operation
22 structure. The board must submit such resolution to
23 the department for filing. If the board has submitted
24 such resolution to the department, the board may
25 evaluate the construction permit application and
26 submit an adopted recommendation to the department to
27 approve or disapprove a construction permit
28 application as provided in this subsection. The board
29 must make its decision to recommend approval or
30 disapproval of the permit application as provided in
31 this subsection.
32 a. For the expansion of a confinement feeding
33 operation that includes a confinement feeding
34 operation structure constructed prior to April 1,
35 2002, the board shall not evaluate a construction
36 permit application for the construction or expansion
37 of a confinement feeding operation structure if after
38 the expansion of the confinement feeding operation,
39 its animal unit capacity is one thousand six hundred
40 sixty-six animal units or less.
41 b. The board must conduct an evaluation of the
42 application using the master matrix as provided in
43 section 455B.200F. The board's recommendation may be
44 based on the master matrix as provided or may be based
45 on comments under this section regardless of the
46 results of the master matrix.
47 c. In completing the master matrix, the board
48 shall not score criteria on a selective basis. The
49 board must score all criteria which is part of the
50 master matrix according to the terms and conditions

Page 26

1 relating to construction as specified in the
2 application or commitments for manure management that
3 are to be incorporated into a manure management plan
4 as provided in section 455B.203.
5 d. The board's adopted recommendation to the
6 department shall include the specific reasons and any
7 supporting documentation for the decision to recommend
8 approval or disapproval of the application.
9 4. The department must receive the county board of
10 supervisor's comments or evaluation for approval or
11 disapproval of an application for a construction
12 permit not later than thirty days following the
13 applicant's delivery of the application to the
14 department. Regardless of whether the department
15 receives comments or an evaluation by a county board
16 of supervisors, the department must approve or
17 disapprove an application for a construction permit

18 within sixty days following the applicant's delivery
19 of the application to the department. However, the
20 applicant may deliver a notice requesting a
21 continuance. Upon receipt of a notice, the time
22 required for the county or department to act upon the
23 application shall be suspended for the period provided
24 in the notice, but for not more than thirty days after
25 the department's receipt of the notice. The applicant
26 may submit more than one notice. However, the
27 department may provide that an application is
28 terminated if no action is required by the department
29 for one year following delivery of the application to
30 the board. The department may also provide for a
31 continuance when it considers the application. The
32 department shall provide notice to the applicant and
33 the board of the continuance. The time required for
34 the department to act upon the application shall be
35 suspended for the period provided in the notice, but
36 for not more than thirty days. However, the
37 department shall not provide for more than one
38 continuance.
39 5. a. The department shall approve an application
40 for a construction permit if the board of supervisors
41 which has filed a county construction evaluation
42 resolution submits an adopted recommendation to
43 approve the construction permit application which may
44 be based on a satisfactory rating produced by the
45 master matrix to the department and the department
46 determines that the application meets the requirements
47 of this chapter. The department shall disapprove an
48 application that does not satisfy the requirements of
49 this chapter regardless of the adopted recommendation
50 of the board. The department shall consider any

Page 27

1 timely filed comments made by the board as provided in
2 this section to determine if an application meets the
3 requirements of this chapter.
4 b. If the board submits to the department an
5 adopted recommendation to disapprove an application
6 for a construction permit that is based on a rating
7 produced by the master matrix, the department shall
8 first determine if the application meets the
9 requirements of this chapter as provided in section
10 455B.200. The department shall disapprove an
11 application that does not satisfy the requirements of
12 this chapter regardless of any result produced by
13 using the master matrix. If the application meets the
14 requirements of this chapter, the department shall
15 conduct an independent evaluation of the application
16 using the master matrix. The department shall approve

17 the application if it achieves a satisfactory rating
18 according to the department's evaluation. The
19 department shall disapprove the application if it
20 produces an unsatisfactory rating regardless of
21 whether the application satisfies the requirements of
22 this chapter. The department shall consider any
23 timely filed comments made by the board as provided in
24 this section to determine if an application meets the
25 requirements of this chapter.
26 c. If the county board of supervisors does not
27 submit a construction evaluation resolution to the
28 department, fails to submit an adopted recommendation,
29 submits only comments, or fails to submit comments,
30 the department shall approve the application if the
31 application meets the requirements of this chapter as
32 provided in section 455B.200.
33 6. The department may conduct an inspection of the
34 site on which the construction is proposed after
35 providing at a minimum twenty-four hours notice or
36 upon receiving consent from the construction permit
37 applicant. The county board of supervisors that has
38 adopted a construction evaluation resolution may
39 designate a county employee to accompany a
40 departmental official during the site inspection. The
41 county employee shall have the same right to access to
42 the site's real estate as the departmental official
43 conducting the inspection during the period that the
44 county employee accompanies the departmental official.
45 The departmental official and the county employee
46 shall comply with standard biosecurity requirements
47 customarily required by the confinement feeding
48 operation that are necessary in order to control the
49 spread of disease among an animal population.
50 7. Upon written request by a county resident, the

Page 28

1 county board of supervisors shall forward to the
2 county resident a copy of the board's adopted
3 recommendation, any county comments to the department
4 on the permit application, and the department's
5 responses, as provided in chapter 22.
6 8. a. The department shall deliver a notice to
7 the applicant within three days of the department's
8 decision to approve or disapprove an application for a
9 construction permit. If the board of supervisors has
10 submitted an adopted recommendation to the department
11 for the approval or disapproval of a construction
12 permit application as provided in this section, the
13 department shall notify the board of the department's
14 decision to approve or disapprove the application at
15 the same time.

16 b. (1) The applicant may contest the department's
17 decision by requesting a hearing and may elect to have
18 the hearing conducted before an administrative law
19 judge pursuant to chapter 17A or before the
20 commission. If the applicant and a board of
21 supervisors are both contesting the department's
22 decision, the applicant may request that the
23 commission conduct the hearing on a consolidated
24 basis. The commission shall hear the case according
25 to procedures established by rules adopted by the
26 department. The commission may hear the case as a
27 contested case proceeding under chapter 17A. The
28 department, upon petition by the applicant, shall
29 deliver to the administrative law judge or the
30 commission a copy of the board of supervisors'
31 recommendation together with the results produced by
32 its master matrix and any supporting data or documents
33 submitted with the results, comments submitted by the
34 board to the department, and the department's
35 evaluation of the application including the results
36 produced by its matrix and any supporting data or
37 documents. If the commission hears the case, its
38 decision shall be the department's final agency
39 action. The commission shall render a decision within
40 thirty-five days from the date that the applicant or
41 board files a demand for a hearing.
42 (2) A county board of supervisors that has
43 submitted an adopted recommendation to the department
44 may contest the department's decision by requesting a
45 hearing before the commission. The commission shall
46 hear the case according to procedures established by
47 rules adopted by the department. The commission may
48 hear the case as a contested case proceeding under
49 chapter 17A. The board may request that the
50 department submit a copy of the department's

Page 29

1 evaluation of the application including the results
2 produced by its matrix and any supporting data or
3 documents. The decision by the commission shall be
4 the department's final agency action. The commission
5 shall render a decision within thirty-five days from
6 the date that the board initiates the proceeding.
7 c. Judicial review of the decision of either the
8 department or the commission may be sought in
9 accordance with the terms of chapter 17A.
10 9. An applicant for a construction permit may
11 withdraw the permit application from consideration by
12 the department at any time by filing a written request
13 with the department. The filing of the request shall
14 not prejudice the right of the applicant to resubmit

15 the application.
16 Sec. 36. NEW SECTION. 455B.200F MASTER MATRIX.
17 1. The department shall adopt rules for the
18 development and use of a master matrix. The purpose
19 of the master matrix is to provide a comprehensive
20 assessment mechanism in order to produce a
21 statistically verifiable basis for determining whether
22 to approve or disapprove an application for the
23 construction, including expansion, of a confinement
24 feeding operation structure requiring a permit
25 pursuant to section 455B.200A.
26 a. The master matrix shall be used to establish
27 conditions for the construction of a confinement
28 feeding operation structure and for the implementation
29 of manure management practices, which conditions shall
30 be included in the approval of the construction permit
31 or the original manure management plan as applicable.
32 The master matrix shall be used to determine all of
33 the following:
34 (1) The appropriate location to construct a
35 confinement feeding operation structure, including the
36 proximity and orientation of a proposed confinement
37 feeding operation structure to objects or locations
38 for which separation distances are required pursuant
39 to sections 455B.162 and 455B.204.
40 (2) The appropriate type of a confinement feeding
41 operation structure required to be constructed,
42 including the type and size of the manure storage
43 structure, or the installation of a related pollution-
44 control device.
45 b. The master matrix shall be designed to produce
46 quantifiable results based on the scoring of objective
47 criteria according to an established value scale.
48 Each criterion shall be assigned points corresponding
49 to the value scale. The master matrix shall consider
50 risks and factors mitigating risks if the confinement

Page 30

1 feeding operation structure were constructed according
2 to the application.
3 c. The master matrix may be a computer model.
4 However, the master matrix must be a practical tool
5 for use by persons when completing applications and by
6 persons when scoring applications. To every extent
7 feasible, the master matrix shall include criteria
8 presented in the form of questions that may be readily
9 scored according to ascertainable data and upon which
10 reasonable persons familiar with the location of a
11 proposed construction site would not ordinarily
12 disagree.
13 2. The master matrix shall include criteria

14 valuing environmental and community impacts, for use
15 by county boards of supervisors and the department.
16 The master matrix shall include definite point
17 selections for all criteria provided in the master
18 matrix. The master matrix shall provide only for
19 scoring of positive points and shall not provide for
20 deduction of points. The master matrix shall provide
21 for a minimum threshold score required to receive a
22 satisfactory rating. The master matrix shall be
23 structured to ensure that it feasibly provides for a
24 satisfactory rating. Criteria valuing environmental
25 impacts shall account for animal agriculture's
26 relationship to quality of the environment and the
27 conservation of natural resources, and may include
28 factors that refer to all of the following:
29 (a) Topography.
30 (b) Surface water drainage characteristics.
31 (c) The suitability of the soils and the hydrology
32 or hydrogeology of the site.
33 (d) The proximity to public use areas and critical
34 public areas.
35 (e) The proximity to water sources, including
36 high-quality water resources.
37 Sec. 37. Section 455B.201, Code 2001, is amended
38 by adding the following new subsection:
39 NEW SUBSECTION. 2A. The department may require
40 that the owner of a confinement feeding operation
41 install and operate a water pollution monitoring
42 system as part of an unformed manure storage
43 structure.
44 Sec. 38. Section 455B.203, subsections 1 and 2,
45 Code 2001, are amended to read as follows:
46 1. The following persons shall submit a manure
47 management plan, including an original manure
48 management plan and an updated manure management plan,
49 as required in this section to the department:
50 a. The owner of a confinement feeding operation,

Page 31

1 other than a small animal feeding operation, if the
2 animal any of the following apply:
3 (1) The confinement feeding operation was
4 constructed after May 31, 1985, regardless of whether
5 the confinement feeding operation structure was
6 required to be constructed pursuant to a construction
7 permit approved by rules adopted by the department.
8 b. (2) The owner of a confinement feeding
9 operation, if the confinement feeding operation is
10 required to be constructed pursuant to a permit issued
11 by the department The owner constructs a manure
12 storage structure, regardless of whether the person is

13 required to be issued a permit for the construction
14 pursuant to section 455B.200A or whether the person
15 has submitted a prior manure management plan.
16 c. b. A person who applies manure from a
17 confinement feeding operation, other than a small
18 animal feeding operation, which is located in another
19 state, if the manure is applied on land located in
20 this state.
21 1A. Not more than one confinement feeding
22 operation shall be covered by a single manure
23 management plan.
24 1B. The owner of a confinement feeding operation
25 who is required to submit a manure management plan
26 under this section shall submit an updated manure
27 management plan to the department on an annual basis.
28 The department shall provide for a date that each
29 updated manure management plan is required to be
30 submitted to the department. The department may
31 provide for staggering the dates on which updated
32 manure management plans are due. To satisfy the
33 requirements of an updated manure management plan, an
34 owner of a confinement feeding operation may, in lieu
35 of a submitting a complete plan, file a document
36 stating that the manure management plan has not
37 changed, or state all of the changes made since the
38 original manure management plan or a previous updated
39 manure management plan was submitted and approved.
40 1C. The department shall deliver a copy of the
41 manure management plan or require the person
42 submitting the manure management plan to deliver a
43 copy of the manure management plan to all of the
44 following:
45 a. The county board of supervisors in the county
46 where the manure storage structure owned by the person
47 is located.
48 b. The county board of supervisors in the county
49 where the manure storage structure is proposed to be
50 constructed. If the person is required to be issued a

Page 32

1 permit for the construction of the manure storage
2 structure as provided in section 455B.200A, the manure
3 management plan shall accompany the application for
4 the construction permit as provided in section
5 455B.200A.
6 c. The county board of supervisors in the county
7 where the manure is to be applied.
8 The manure management plan shall be filed with the
9 county board of supervisors. The county auditor or
10 other county officer may accept the manure management
11 plan on behalf of the board.

12 2. A person shall not remove manure from a manure
13 storage structure which is part of a confinement
14 feeding operation for which a manure management plan
15 is required under this section, unless the department
16 approves a manure management plan, including an
17 original manure management plan and an updated manure
18 management plan, as required in this section. The
19 manure management plan shall be submitted by the owner
20 of the confinement feeding operation as provided by
21 the department on forms prescribed by the department
22 in accordance with section 455B.200D. The owner of a
23 confinement feeding operation required to submit a
24 manure management plan for the construction of a
25 manure storage structure may remove manure from
26 another manure storage structure that is constructed,
27 if the department has approved a manure management
28 plan covering that manure storage structure. The
29 department may adopt rules allowing a person to remove
30 manure from a manure storage structure until the
31 manure management plan is approved or disapproved by
32 the department according to terms and conditions
33 required by rules adopted by the department. The
34 department shall approve or disapprove a manure
35 management plan within sixty days of the date that the
36 department receives a completed plan.
37 2A. The department shall not approve an original
38 manure management plan unless the plan is accompanied
39 by a manure management plan filing fee required
40 pursuant to section 455B.203C. The department shall
41 not approve an updated manure management plan unless
42 the updated manure management plan is accompanied by
43 an annual compliance fee required pursuant to section
44 455B.203C.
45 2B. a. The department shall not issue approve an
46 application for a permit for the construction of to
47 construct a confinement feeding operation or a related
48 animal feeding operation structure unless the
49 applicant owner of the confinement feeding operation
50 applying for approval submits a an original manure

Page 33

1 management plan together with an the application for
2 the construction permit as provided in section
3 455B.200A.
4 b. The department shall not file a construction
5 design statement as provided in section 455B.200C,
6 unless the owner of the confinement feeding operation
7 structure submits an original manure management plan
8 together with the construction design statement. The
9 construction design statement and manure management
10 plan may be submitted as part of a construction permit

11 as provided in section 455B.200A.
12 2C. A manure management plan must be authenticated
13 by the person required to submit the manure management
14 plan as required by the department in accordance with
15 section 455B.200D.
16 2D. The department shall approve or disapprove a
17 manure management plan according to procedures
18 established by the department:
19 a. For an original manure management plan
20 submitted due to the construction of a confinement
21 feeding operation structure, the department shall
22 approve or disapprove the manure management plan as
23 follows:
24 (1) If the confinement feeding operation structure
25 is constructed pursuant to a construction permit
26 issued pursuant to section 455B.200A, the manure
27 management plan shall be approved or disapproved as
28 part of the construction permit application.
29 (2) If the confinement feeding operation structure
30 is not constructed pursuant to a construction permit
31 issued pursuant to section 455B.200A, the manure
32 management plan shall be approved or disapproved
33 within sixty days from the date that the department
34 receives the manure management plan.
35 b. For an original manure management plan
36 submitted for a reason other than the construction of
37 a confinement feeding operation structure, the manure
38 management plan shall be approved within sixty days
39 from the date that the department receives the manure
40 management plan.
41 c. For an updated manure management plan, the
42 manure management plan shall be approved within thirty
43 days from the date that the department receives the
44 updated manure management plan.
45 Sec. 39. Section 455B.203, subsection 3, paragraph
46 a, Code 2001, is amended to read as follows:
47 a. Restrictions on the application of manure based
48 on all of the following:
49 (1) Calculations necessary to determine the land
50 area required for the application of manure from a

Page 34

1 confinement feeding operation based on nitrogen use
2 levels in order to obtain optimum crop yields
3 according to a crop schedule specified in the manure
4 management plan, and according to requirements adopted
5 by the department after receiving recommendations from
6 the animal agriculture consulting organization
7 provided for in 1995 Iowa Acts, chapter 195, section
8 37.
9 (2) (a) A phosphorus index. The department shall

10 establish a phosphorus index by rule in order to
11 determine the manner and timing of the application to
12 a land area of manure originating from a confinement
13 feeding operation. The phosphorus index shall provide
14 for the application of manure on a field basis. The
15 phosphorus index shall be used to determine
16 application rates, based on the number of pounds of
17 phosphorus that may be applied per acre and
18 application practices. The phosphorus index shall be
19 based on the field office technical guide for Iowa as
20 published by the United States department of
21 agriculture, natural resources conservation service,
22 which sets forth nutrient management standards.
23 (b) The department shall develop a state
24 comprehensive nutrient management strategy. Prior to
25 developing the state comprehensive nutrient management
26 strategy, the department shall complete all of the
27 following:
28 (i) The development of a comprehensive state
29 nutrient budget for the maximum volume, frequency, and
30 concentration of nutrients for each watershed that
31 addresses all significant sources of nutrients in a
32 water of this state on a watershed basis.
33 (ii) The assessment of the available nutrient
34 control technologies required to identify and assess
35 their effectiveness.
36 (iii) The development and adoption of
37 administrative rules pursuant to chapter 17A required
38 to establish a numeric water quality standard for
39 phosphorus.
40 (c) Regardless of the development of the state
41 comprehensive nutrient management strategy as provided
42 in subparagraph subdivision (b), the department shall
43 adopt rules required to establish a phosphorus index.
44 The department shall cooperate with the United States
45 department of agriculture natural resource
46 conservation service technical committee for Iowa to
47 refine and calibrate the phosphorus index in adopting
48 the rules. Rules adopted by the department pursuant
49 to this subparagraph shall become effective on July 1,
50 2003.

Page 35

1 (d) The department shall conduct a study that
2 considers the effects on waters of this state from
3 phosphorus originating from municipal and industrial
4 sources and from farm and lawn and garden use. The
5 department shall report the results of its study to
6 the general assembly by January 1, 2004.
7 (e) A person submitting a manure management plan
8 shall include a phosphorus index as part of the manure

9 management plan as follows:
10 (i) A person who has submitted an original manure
11 management plan prior to April 1, 2002, shall not be
12 required to submit a manure management plan update
13 which includes a phosphorus index, until on and after
14 the four-year anniversary date that the department's
15 rules adopted to implement the phosphorus index become
16 effective.
17 (ii) A person required to submit an original
18 manure management plan on and after April 1, 2002, but
19 prior to the date that is sixty days after the
20 department's rules adopted to implement the phosphorus
21 index become effective, shall not be required to
22 submit a manure management plan update that includes a
23 phosphorus index until on and after the two-year
24 anniversary date that the department's rules adopted
25 to implement the phosphorus index become effective.
26 (iii) A person required to submit an original
27 manure management plan on and after the date that is
28 sixty days after the department's rules adopted to
29 implement the phosphorus index become effective shall
30 include the phosphorus index as part of the original
31 manure management plan and updated manure management
32 plans.
33 Subparagraph subdivisions (b) through (e) and this
34 paragraph are repealed on the date that any person who
35 has submitted an original manure management plan prior
36 to April 1, 2002, is required to submit a manure
37 management plan update which includes a phosphorus
38 index as provided in subparagraph subdivision (c),
39 subparagraph subdivision part (i). The department
40 shall publish a notice in the Iowa administrative
41 bulletin published immediately prior to that date, and
42 the director of the department shall deliver a copy of
43 the notice to the Iowa Code editor.
44 Sec. 40. Section 455B.203, subsection 4, Code
45 2001, is amended to read as follows:
46 4. A person confinement feeding operation
47 classified as a habitual violator or a confinement
48 feeding operation in which a habitual violator owns a
49 controlling interest, as provided in section 455B.191,
50 shall submit a manure management plan to the

Page 36

1 department on an annual basis, which must be approved
2 by the department for the following year of operation.
3 The manure management plan shall be a replacement
4 original manure management plan rather than a manure
5 management plan update. However, the habitual
6 violator required to submit a replacement original
7 manure management plan must submit an annual

8 compliance fee in the same manner as if the habitual
9 violator were submitting an updated manure management
10 plan.
11 Sec. 41. Section 455B.203, subsection 7, Code
12 2001, is amended to read as follows:
13 7. A person submitting required to authenticate a
14 manure management plan submitted to the department who
15 is found in violation of the terms and conditions of
16 the plan shall not be subject to an enforcement action
17 other than the assessment of a civil penalty pursuant
18 to section 455B.191 455B.207.
19 Sec. 42. Section 455B.203A, subsection 6,
20 paragraph b, Code 2001, is amended by striking the
21 paragraph.
22 Sec. 43. NEW SECTION. 455B.203C COMPLIANCE FEES.
23 1. The department shall establish, assess, and
24 collect all of the following compliance fees:
25 a. A construction permit application fee that is
26 required to accompany an application submitted to the
27 department for approval to construct a confinement
28 feeding operation structure as provided in section
29 455B.200A. The amount of the construction permit
30 application fee shall not exceed two hundred fifty
31 dollars.
32 b. A manure management plan filing fee that is
33 required to accompany an original manure management
34 plan submitted to the department for approval as
35 provided in section 455B.203. However, the manure
36 management plan required to be filed as part of an
37 application for a construction permit shall be paid
38 together with the construction permit application fee.
39 The amount of the manure management plan filing fee
40 shall not exceed two hundred fifty dollars.
41 c. An annual compliance fee that is required to
42 accompany an updated manure management plan submitted
43 to the department for approval as provided in section
44 455B.203. The amount of the annual compliance fee
45 shall not exceed a rate of fifteen cents per animal
46 unit based on the animal unit capacity of the
47 confinement feeding operation covered by the manure
48 management plan. If the person submitting the manure
49 management plan is a contract producer, as provided in
50 chapter 202, the active contractor shall be assessed

Page 37

1 the annual compliance fee.
2 d. Fees paid by persons required by the department
3 to be certified as commercial manure applicators or
4 confinement site manure applicators pursuant to
5 section 455B.203A.
6 2. a. Except as provided in paragraph "b", fees

7 collected by the department shall be deposited into
8 the animal agriculture compliance fund created in
9 section 455B.127. Moneys collected from all fees
10 other than the annual compliance fee shall be
11 deposited into the compliance fund's general account.
12 Moneys collected from the annual compliance fee shall
13 be deposited into the compliance fund's assessment
14 account.
15 b. Receipts that are required to be received by
16 the department from persons required to be certified
17 pursuant to section 455B.203A may be used to
18 compensate a person who teaches continuing
19 instructional courses in lieu of deposit into the
20 compliance fund.
21 3. At the end of each fiscal year the department
22 shall determine the balance of unencumbered and
23 unobligated moneys in the assessment account of the
24 animal agriculture compliance fund created pursuant to
25 section 455B.127. If on that date the balance of
26 unencumbered and unobligated moneys in the account is
27 one million dollars or more, the department shall
28 adjust the rate of the annual compliance fee for the
29 following fiscal year. The adjusted rate for the
30 annual compliance fee shall be based on the
31 department's estimate of the amount required to ensure
32 that at the end of the following fiscal year the
33 balance of unencumbered and unobligated moneys in the
34 assessment account is not one million dollars or more.
35 Sec. 44. Section 455B.204, subsection 1, Code
36 2001, is amended by striking the subsection.
37 Sec. 45. Section 455B.204, subsections 2 through
38 4, Code 2001, are amended to read as follows:
39 2. Except as provided in subsection 3 4, the
40 following shall apply:
41 a. An animal A confinement feeding operation
42 structure shall not be constructed closer than five
43 hundred feet away from a the surface intake, of an
44 agricultural drainage well. A confinement feeding
45 operation structure shall not be constructed closer
46 than one thousand feet from a wellhead, or cistern of
47 an agricultural drainage well, or known sinkhole.
48 However, the department may adopt rules requiring an
49 increased separation distance under this paragraph in
50 order to protect the integrity of a water of this

Page 38

1 state. The increased separation distance shall not be
2 more than two thousand feet. If the department
3 exercises its discretion to increase the separation
4 distance requirement, the department shall not approve
5 an application for the construction of a confinement

6 feeding operation structure within that separation
7 distance as provided in section 455B.200A.
8 b. An animal A confinement feeding operation
9 structure shall not be constructed if the animal
10 confinement feeding operation structure as constructed
11 is closer than any of the following:
12 (1) Two Five hundred feet away from a watercourse
13 water source other than a major water source.
14 (2) Five hundred One thousand feet away from a
15 major water source.
16 (3) Two thousand five hundred feet away from a
17 designated wetland.
18 c. (1) A watercourse water source, other than a
19 major water source, shall not be constructed,
20 expanded, or diverted, if the watercourse water source
21 as constructed, expanded, or diverted is closer than
22 two five hundred feet away from an animal a
23 confinement feeding operation structure.
24 d. (2) A major water source shall not be
25 constructed, expanded, or diverted, if the major water
26 source as constructed, expanded, or diverted is closer
27 than five hundred one thousand feet from an animal
28 feeding a confinement operation structure.
29 (3) A designated wetland shall not be established,
30 if the designated wetland is closer than two thousand
31 five hundred feet away from a confinement feeding
32 operation structure.
33 3. A confinement feeding operation structure shall
34 not be constructed on land that is part of a one
35 hundred year floodplain as designated by rules adopted
36 by the department pursuant to section 455B.200B.
37 3. 4. A separation distance required in subsection
38 2 shall not apply to any of the following:
39 a. A location or object and a farm pond or
40 privately owned lake, as defined in section 462A.2.
41 b. A confinement feeding operation building, an
42 egg washwater storage structure, or a manure storage
43 structure constructed with a secondary containment
44 barrier. The department shall adopt rules providing
45 for the construction and use of a secondary
46 containment barrier, including construction design
47 standards.
48 4. All distances between locations or objects
49 shall be measured from their closest points, as
50 provided by rules adopted by the department.

Page 39

1 Sec. 46. Section 455B.204A, Code 2001, is amended
2 to read as follows:
3 455B.204A DISPOSAL APPLICATION OF MANURE WITHIN
4 DESIGNATED AREAS - ADOPTION OF RULES.

5 1. The department shall adopt rules relating to
6 the disposal application of manure in close proximity
7 to a designated area.
8 2. A Except as otherwise provided in this
9 subsection, a person shall not dispose of apply manure
10 on cropland land located within two hundred feet from
11 a designated area, unless one of the following
12 applies:
13 1. a. The manure is land applied by injection or
14 incorporation within twenty-four hours following the
15 application on the same date as the manure was land
16 applied.
17 2. b. An area of permanent vegetation cover,
18 including filter strips and riparian forest buffers,
19 exists for fifty feet surrounding the designated area
20 other than an unplugged agricultural drainage well or
21 surface intake to an unplugged agricultural drainage
22 well, and that the area of permanent vegetation cover
23 is not subject to manure application.
24 c. The department adopts rules requiring an
25 increased separation distance for the application of
26 manure located in proximity to a high quality water
27 resource in order to protect the integrity of the high
28 quality water resource. However, the department shall
29 not provide for an increased separation distance
30 requirement that is more than four times the
31 separation distance requirement otherwise applicable
32 under this section.
33 As used in this section, "designated area" means a
34 known sinkhole, or a cistern, abandoned well,
35 unplugged agricultural drainage well, agricultural
36 drainage well surface inlet, drinking water well,
37 designated wetland, or lake, or a farm pond or
38 privately owned lake as defined in section 462A.2
39 water source. However, a "designated area" does not
40 include a terrace tile inlet.
41 Sec. 47. Section 455B.205, subsection 1, Code
42 2001, is amended to read as follows:
43 1. The department shall establish by rule
44 engineering adopt rules requiring construction design
45 standards for the construction of unformed manure
46 storage structures required to be constructed pursuant
47 to a construction permit issued under pursuant to
48 section 455B.200A.
49 Sec. 48. Section 455B.205, subsection 2,
50 unnumbered paragraph 1, Code 2001, is amended to read

Page 40

1 as follows:
2 The construction design standards for unformed
3 manure storage structures established by the

4 department shall account for special design
5 characteristics of animal confinement feeding
6 operations, including all of the following:
7 Sec. 49. Section 455B.205, Code 2001, is amended
8 by adding the following new subsection:
9 NEW SUBSECTION. 2A. A person shall not construct
10 an unformed manure storage structure on karst terrain
11 or on an area that drains into a known sinkhole.
12 Sec. 50. NEW SECTION. 455B.205A CONSTRUCTION
13 DESIGN STANDARDS - FORMED MANURE STORAGE STRUCTURES.
14 The department shall adopt rules establishing
15 construction design standards for formed manure
16 storage structures that are part of confinement
17 feeding operations other than small animal feeding
18 operations.
19 1. The department may provide for different
20 standards based on criteria developed by the
21 department, which may include any of the following:
22 a. The animal unit capacity of the manure storage
23 structure's confinement feeding operation or the
24 manure storage structure's manure volume capacity.
25 b. Whether the manure storage structure stores
26 manure in an exclusively dry form.
27 c. Whether the manure storage structure is part of
28 a confinement feeding operation building.
29 d. The use of concrete, including its use for the
30 structure's footings, walls, or floor.
31 2. The construction design standards shall be
32 based, to every extent possible, on uniform standards
33 such as available standards promulgated by the
34 American society for testing and materials. The
35 department may require that all or any part of a
36 formed manure storage structure be constructed of
37 concrete.
38 3. The construction design standards for concrete
39 shall provide for all of the following:
40 a. The concrete's minimum compressive strength
41 calculated on a pounds-per-square-inch basis.
42 b. The use of reinforcement, including but not
43 limited to the grade, amount, and location of steel
44 rebar or fiberglass, wire mesh or fabric, or similar
45 materials set in the concrete, or the use of exterior
46 braces to support joints.
47 c. The depth of footings.
48 d. The thickness of the footings, the floor and
49 walls.
50 4. A person shall only construct a formed manure

Page 41

1 storage structure on karst terrain or an area which
2 drains into a known sinkhole pursuant to upgraded

3 construction design standards necessary to ensure that
4 the structure does not pollute groundwater sources.
5 Sec. 51. NEW SECTION. 455B.207 CIVIL PENALTY.
6 A person who violates this subpart shall be subject
7 to a civil penalty which shall be established,
8 assessed, and collected in the same manner as provided
9 in section 455B.191. Any civil penalty collected
10 shall be deposited in the animal agriculture
11 compliance fund created in section 455B.127.
12 Sec. 52. Section 455I.1, unnumbered paragraph 1,
13 Code 2001, is amended by striking the unnumbered
14 paragraph.
15 Sec. 53. Section 455J.1, subsections 1 through 5
16 and subsections 7 and 8, Code 2001, are amended by
17 striking the subsections.
18 Sec. 54. Section 455J.3, subsection 1, unnumbered
19 paragraph 1, Code 2001, is amended to read as follows:
20 If the confinement feeding operation has an animal
21 weight unit capacity of less than six hundred twenty-
22 five thousand pounds one thousand animal units, the
23 following shall apply:
24 Sec. 55. Section 455J.3, subsection 2, unnumbered
25 paragraph 1, Code 2001, is amended to read as follows:
26 If the confinement feeding operation has an animal
27 weight unit capacity of six hundred twenty-five
28 thousand one thousand or more pounds animal units but
29 less than one million two hundred fifty thousand
30 pounds three thousand animal units, the following
31 shall apply:
32 Sec. 56. Section 455J.3, subsection 3, unnumbered
33 paragraph 1, Code 2001, is amended to read as follows:
34 If the confinement feeding operation has an animal
35 weight unit capacity of one million two hundred fifty
36 thousand three thousand or more pounds animal units,
37 the following shall apply:
38 Sec. 57. Section 455J.4, Code 2001, is amended to
39 read as follows:
40 455J.4 MANURE MANAGEMENT PLAN - INDEMNITY FEE
41 REQUIRED.
42 An indemnity fee shall be assessed upon persons
43 required to submit a an original manure management
44 plan as provided in section 455B.203, but not required
45 to obtain a construction permit pursuant to section
46 455B.200A. A person required to submit a replacement
47 original manure management plan shall not be assessed
48 an indemnity fee. The amount of the fees fee shall be
49 ten cents per animal unit of capacity for the
50 confinement feeding operations operation covered by

Page 42

1 the manure management plan.

2 Sec. 58. NEW SECTION. 481A.151 RESTITUTION FOR
3 POLLUTION CAUSING INJURY TO WILD ANIMALS.
4 1. A person who is liable for polluting a water of
5 this state in violation of state law, including this
6 chapter, shall also be liable to pay restitution to
7 the department for injury caused to a wild animal by
8 the pollution. The amount of the restitution shall
9 also include the department's administrative costs for
10 investigating the incident. The administration of
11 this section shall not result in a duplication of
12 damages collected by the department under section
13 455B.392, subsection 1, paragraph "c".
14 2. The commission shall adopt rules providing for
15 procedures for investigations and the administrative
16 assessment of restitution amounts. The rules shall
17 establish an opportunity to appeal a departmental
18 action including by a contested case proceeding under
19 chapter 17A. A final administrative decision
20 assessing an amount of restitution may be enforced by
21 the attorney general at the request of the director.
22 3. Rules adopted by the commission shall provide
23 for methods used to determine the extent of an injury
24 and the monetary values for the loss of injured wild
25 animals based on species.
26 a. The rules shall provide for methods used to
27 count dead fish and to calculate restitution values.
28 The rules may incorporate methods and values published
29 by the American fisheries society. To every extent
30 practicable, the values shall be based on the
31 estimates of lost recreational angler opportunities
32 where applicable. As an alternative method of
33 valuation, the rules may provide that for fish species
34 that are protected by catch limits, possession limits,
35 size limits, or closed seasons applicable to anglers,
36 liquidated damages apply. The amount of the
37 liquidated damages shall not exceed fifteen dollars
38 per fish. For fish species that are classified by the
39 commission as endangered or threatened, the rules may
40 establish liquidated damages not to exceed one
41 thousand dollars per fish.
42 b. The rules shall provide guidelines for
43 estimating the extent of loss of a species that is
44 affected by a pollution incident but which would not
45 be practical to count in sample areas. The rules may
46 establish liquidated damage amounts for species whose
47 replacement cost is difficult to determine.
48 4. Moneys collected by the department in
49 restitution shall be deposited into the state fish and
50 game protection fund. The moneys shall be used


Page 43

1 exclusively to support restoration or improvement of
2 fisheries, including but not limited to aquatic
3 habitat improvement projects as provided in rules
4 adopted by the commission. However, moneys collected
5 from restitution paid for investigative costs shall be
6 used as determined by the director.
7 Sec. 59. MANURE STORAGE INDEMNITY FUND -
8 TEMPORARY TRANSFER. Notwithstanding section 455J.2,
9 the department is authorized to temporarily transfer
10 any amount of the unobligated and unencumbered balance
11 of the manure storage indemnity fund as provided under
12 section 455J.2 to the general account of the animal
13 agriculture compliance fund as created in section
14 455B.127, as enacted in this Act, for use as provided
15 in section 455B.127. The department shall return the
16 amount transferred under this section to the manure
17 storage indemnity fund according to a schedule
18 established by the department upon the collection of
19 compliance fees deposited into the animal agriculture
20 compliance fund pursuant to section 455B.203C.
21 Notwithstanding section 455B.127, the department may
22 return moneys from the assessment account of the
23 animal agriculture compliance fund to the manure
24 storage indemnity fund if at any time moneys are not
25 sufficiently available to make the return from the
26 general account of the animal agriculture compliance
27 fund.
28 Sec. 60. FORMED MANURE STORAGE STRUCTURES -
29 CONSTRUCTION DESIGN STANDARDS. Until the effective
30 date of rules adopted by the department providing
31 construction design standards for formed manure
32 storage structures as provided in section 455B.205A,
33 as enacted in this Act, the department's rules
34 providing construction design standards used in the
35 construction of formed manure storage structures shall
36 apply to formed manure storage structures as provided
37 in section 455B.205A, regardless of whether a formed
38 manure storage structure must be constructed pursuant
39 to a permit issued under section 455B.200A, as amended
40 by this Act. However, this section does not apply to
41 a manure storage structure that stores manure
42 exclusively on a dry-matter basis.
43 Sec. 61. INTERIM APPROVAL OF CONSTRUCTION PERMITS
44 FOR CONFINEMENT FEEDING OPERATION STRUCTURES - COUNTY
45 PARTICIPATION AND RIGHTS OF APPLICANTS AND COUNTY
46 BOARDS OF SUPERVISORS. This section applies to an
47 applicant for a construction permit pursuant to
48 section 455B.200A, as amended by this Act, and to a
49 county board of supervisors that submits comments
50 regarding a permit for the construction of a

Page 44

1 confinement feeding operation structure pursuant to
2 section 455B.200A, as amended by this Act.
3 Notwithstanding section 455B.200E, as enacted in this
4 Act, all of the following shall apply:
5 1. The department shall not approve the
6 application until thirty days following delivery of
7 the application to the county board of supervisors.
8 2. The department shall consider and respond to
9 comments submitted by the county board of supervisors
10 regarding compliance by the applicant with the legal
11 requirements for approving the construction permit in
12 the same manner as provided pursuant to section
13 455B.200A, Code of Iowa 2001.
14 3. The department shall notify the county board of
15 supervisors prior to conducting an inspection of the
16 site on which the construction is proposed in the
17 permit application, and the county may accompany a
18 departmental official during the site inspection, in
19 the same manner as provided in section 455B.200A, Code
20 of Iowa 2001.
21 4. Upon written request by a county resident, the
22 county board of supervisors shall forward a copy of
23 the board's comments and the department's responses to
24 the county resident as provided in chapter 22.
25 5. The department shall notify the applicant and
26 county board of supervisors of the county in which a
27 confinement feeding operation structure subject to a
28 construction permit is proposed to be constructed.
29 The notice shall state the department's decision to
30 approve or disapprove an application for the
31 construction permit which shall be delivered to the
32 applicant and board in the same manner as provided for
33 counties in section 455B.200A, Code of Iowa 2001. The
34 applicant may contest the department's decision by
35 filing a demand for a hearing before an administrative
36 law judge or the environmental protection commission.
37 The board may contest the department's decision by
38 filing a demand for a hearing before the commission.
39 The applicant shall contest the decision and the
40 commission shall conduct the proceeding and render a
41 decision in the same manner as provided in section
42 455B.200E, as enacted by this Act.
43 Sec. 62. ESTABLISHMENT OF A MASTER MATRIX -
44 TECHNICAL ADVISORY COMMITTEE.
45 1. The department of natural resources shall adopt
46 rules establishing a master matrix as required
47 pursuant to section 455B.200F according to
48 recommendations made to the department by a technical
49 advisory committee established pursuant to this
50 section. The technical advisory committee shall be

Page 45

1 composed of all of the following:
2 a. A designee of the secretary of agriculture.
3 b. A designee of the director of the department of
4 natural resources.
5 c. A designee of the president of the university
6 of Iowa.
7 d. A designee of the president of Iowa state
8 university.
9 e. A representative of the Iowa environmental
10 council.
11 f. A representative of the Iowa state association
12 of counties.
13 g. A representative of the Iowa farm bureau
14 federation.
15 h. A representative of the Iowa's farmers union.
16 i. Two representatives of organizations
17 representing livestock producers who shall be jointly
18 designated to the department of natural resources by
19 the Iowa pork producers association, the Iowa
20 cattlemens' association, the Iowa dairy products
21 association, the Iowa poultry association, and the
22 Iowa turkey federation.
23 The department of natural resources shall provide
24 administrative support to the committee. The attorney
25 general shall appoint an assistant attorney general to
26 provide the committee with legal counsel and
27 assistance.
28 2. In establishing the scoring system for the
29 master matrix, only positive points shall be used.
30 The master matrix shall be designed as a menu of items
31 with positive points assigned to each item within the
32 selection list. The matrix shall not include any
33 deduction of points.
34 3. The department shall adopt rules pursuant to
35 chapter 17A in order to carry out the requirements of
36 this section. Based on the committee's
37 recommendations to establish a master matrix, the
38 department shall provide a draft of a notice of
39 intended action to the environmental protection
40 commission not later than during its September 2002
41 meeting. The department's notice of intended action
42 shall not be published later than in the November 27,
43 2002, issue of the Iowa administrative bulletin. The
44 notice of intended action required under this section
45 shall include a statement of the terms or substance of
46 the intended action in the manner provided for in
47 section 17A.4. The rules shall take effect on March
48 1, 2003.
49 Sec. 63. DEPARTMENT OF NATURAL RESOURCES -
50 APPROVAL OF APPLICATIONS FOR CONSTRUCTION PERMITS -

Page 46

1 USING INTERIM MATRIX.
2 1. Notwithstanding sections 455B.200A and
3 455B.200F, the department shall approve or disapprove
4 an application for a permit to construct a confinement
5 feeding operation structure pursuant to section
6 455B.200A, if an application is submitted according to
7 procedures required by the department, the application
8 meets standards established under chapter 455B, as
9 amended by this Act, and the application complies with
10 the requirements of this section. This section does
11 not apply to the expansion of a confinement feeding
12 operation that includes a confinement feeding
13 operation structure constructed prior to April 1,
14 2002, due to the construction or expansion of a
15 confinement feeding operation structure if after the
16 expansion of the confinement feeding operation, its
17 animal unit capacity is one thousand six hundred
18 sixty-six animal units or less.
19 2. This section applies on and after the date that
20 the department publishes a notice in the Iowa
21 administrative bulletin commencing its evaluation of
22 applications under this section.
23 3. The department shall approve or disapprove an
24 application based on an interim matrix. The interim
25 matrix shall be used to award points as provided in
26 this subsection. In order to be issued a construction
27 permit, a person must achieve one hundred points. The
28 points shall be awarded as follows:
29 a. The following criteria shall apply to
30 separation distances. The separation distances
31 provided in this paragraph shall apply in addition to
32 separation distances required for confinement feeding
33 operation structures or for the application of manure
34 originating from confinement feeding operations as
35 provided in chapter 455B, divisions II and III, as
36 provided in the 2001 Code of Iowa, unless otherwise
37 provided in this paragraph "a".
38 (1) The following criteria shall apply to require
39 additional separation distances between a proposed
40 confinement feeding operation structure and a
41 residence not owned by the owner of the confinement
42 feeding operation, a commercial enterprise, a bona
43 fide religious institution, or an educational
44 institution as provided in section 455B.162:
45 (a) Two hundred fifty or more feet but less than
46 five hundred feet: five points.
47 (b) Five hundred or more feet but less than seven
48 hundred fifty feet: ten points.
49 (c) Seven hundred fifty or more feet but less than
50 one thousand feet: fifteen points.

Page 47

1 (d) One thousand or more feet but less than one
2 thousand two hundred fifty feet: twenty points.
3 (e) One thousand two hundred fifty or more feet:
4 twenty-five points.
5 (2) The following criteria shall apply to require
6 additional separation distances between a proposed
7 confinement feeding operation structure and a public
8 use area as provided in section 455B.162 or a primary
9 highway as defined in section 306C.10:
10 (a) Two hundred fifty or more feet but less than
11 five hundred feet: five points.
12 (b) Five hundred or more feet but less than seven
13 hundred fifty feet: ten points.
14 (c) Seven hundred fifty or more feet but less than
15 one thousand feet: fifteen points.
16 (d) One thousand or more feet but less than one
17 thousand two hundred fifty feet: twenty points.
18 (e) One thousand two hundred fifty or more feet:
19 twenty-five points.
20 (3) The following criteria shall apply to require
21 additional separation distances between a proposed
22 confinement feeding operation structure and a major
23 water source as provided in section 455B.204 or a
24 high-quality water resource as defined in section
25 455B.200B, as enacted in this Act:
26 (a) Two hundred fifty or more feet but less than
27 five hundred feet: five points.
28 (b) Five hundred or more feet but less than seven
29 hundred fifty feet: ten points.
30 (c) Seven hundred fifty or more feet but less than
31 one thousand feet: fifteen points.
32 (d) One thousand or more feet but less than one
33 thousand two hundred fifty feet: twenty points.
34 (e) One thousand two hundred fifty or more feet:
35 twenty-five points.
36 (4) The following criteria shall apply to require
37 additional separation distances between a proposed
38 confinement feeding operation structure and a critical
39 public area as defined in section 455B.200B,
40 subsection 6, as enacted by this Act:
41 (a) One thousand or more feet but less than one
42 thousand two hundred fifty feet: twenty points.
43 (b) One thousand two hundred fifty or more feet:
44 twenty-five points.
45 (5) The following criteria shall apply to require
46 an additional separation distance of five hundred or
47 more feet between a proposed confinement feeding
48 operation structure and a watercourse, other than a


49 major water source, as provided in section 455B.204:
50 five points.

Page 48

1 (6) The following criteria shall apply to require
2 additional separation distances between the
3 application of manure originating from a confinement
4 feeding operation and a residence not owned by the
5 owner of the confinement feeding operation, or a
6 commercial enterprise, bona fide religious
7 institution, or an educational institution as provided
8 in section 455B.162:
9 (a) Two hundred fifty or more feet but less than
10 five hundred feet: five points.
11 (b) Five hundred or more feet but less than seven
12 hundred fifty feet: ten points.
13 (c) Seven hundred fifty or more feet but less than
14 one thousand feet: fifteen points.
15 (d) One thousand or more feet but less than one
16 thousand two hundred fifty feet: twenty points.
17 (e) One thousand two hundred fifty or more feet:
18 twenty-five points.
19 An applicant who incorporates manure by injection
20 shall be entitled to the following: fifteen points.
21 (7) The following criteria shall apply to require
22 an additional separation distance between the
23 application of manure originating from a confinement
24 feeding operation and a public use area as provided in
25 section 455B.162 or a primary highway as defined in
26 section 306C.10:
27 (a) Two hundred fifty or more feet but less than
28 five hundred feet: five points.
29 (b) Five hundred or more feet but less than seven
30 hundred fifty feet: ten points.
31 (c) Seven hundred fifty or more feet but less than
32 one thousand feet: fifteen points.
33 (d) One thousand or more feet but less than one
34 thousand two hundred fifty feet: twenty points.
35 (e) One thousand two hundred fifty or more feet:
36 twenty-five points.
37 An applicant who incorporates manure by injection
38 shall be entitled to the following: fifteen points.
39 (8) The following criteria shall apply to require
40 additional separation distances between the
41 application of manure originating from a confinement
42 feeding operation and a critical public area as
43 defined in section 455B.200B, subsection 6, as enacted
44 in this Act:
45 (a) One thousand or more feet but less than one
46 thousand two hundred fifty feet: twenty points.
47 (b) One thousand two hundred fifty or more feet:

48 twenty-five points.
49 (9) The following criteria shall apply to require
50 additional separation distances between the

Page 49

1 application of manure originating from a confinement
2 feeding operation and a major water source:
3 (a) One thousand or more feet but less than one
4 thousand two hundred fifty feet: twenty points.
5 (b) One thousand two hundred fifty or more feet:
6 twenty-five points.
7 (10) The following criteria shall apply to require
8 additional separation distances between the
9 application of manure originating from a confinement
10 feeding operation and a high-quality water resource as
11 defined in section 455B.200B, as enacted in this Act:
12 (a) Five hundred or more feet but less than seven
13 hundred fifty feet: ten points.
14 (b) Seven hundred fifty or more feet but less than
15 one thousand feet: fifteen points.
16 (c) One thousand or more feet but less than one
17 thousand two hundred fifty feet: twenty points.
18 (d) One thousand two hundred fifty or more feet:
19 twenty-five points.
20 (11) The following points shall be awarded if an
21 additional separation distance is required for the
22 application of manure originating from a confinement
23 feeding operation and a watercourse other than a major
24 water source as provided in section 455B.204: five
25 points.
26 b. The following points shall be awarded if a
27 confinement feeding operation is located on land owned
28 or operated by the same family for three or more
29 years: fifteen points.
30 c. The following points shall be awarded if the
31 owner of the confinement feeding operation owns the
32 animals maintained by the confinement feeding
33 operation and provides substantial labor in providing
34 for their maintenance: ten points.
35 d. The following criteria shall apply to a
36 confinement feeding operation located on land owned by
37 one of the following persons:
38 (1) A person who resides on the land: five
39 points.
40 (2) A person who closest resides to the proposed
41 confinement feeding operation structure: ten points.
42 (3) A person who performs the majority of the
43 physical work which significantly contributes to the
44 operation: ten points.
45 (4) A person who is involved in making substantial
46 improvements to the confinement feeding operation, if

47 the improvements do not provide for expansion by more
48 than one hundred fifty percent of the animal unit
49 capacity of the confinement feeding operation: ten
50 points.

Page 50

1 (5) A person who qualifies as a beginning farmer
2 as defined in section 175.2: fifteen points.
3 e. The following criteria shall apply to an owner
4 of a confinement feeding operation who provides for
5 the following manure management practices:
6 (1) The incorporation of manure within twenty-four
7 hours: five points.
8 (2) The use of a cover over a manure storage
9 structure or a natural crust or oil sprinkling: five
10 points.
11 (3) Participation in the United States department
12 of agriculture natural resource and conservation
13 program referred to as the "filter strip program at 33
14 feet": ten points.
15 (4) The installation of a filter designed to
16 reduce odors from exhaust fans: ten points.
17 (5) The utilization of feed or feed additives
18 containing low phytase corn or the feeding of phytase:
19 ten points.
20 (6) The utilization of a biofilter or impermeable
21 cover: ten points.
22 (7) The utilization of a methane digester
23 (recovery) system for energy or an anaerobic digester:
24 twenty-five points.
25 (8) The utilization of landscaping or other
26 similar controls approved by the department: ten
27 points.
28 (9) The establishment or expansion of a filter
29 strip from thirty-three feet or more up to one hundred
30 twenty feet: fifteen points.
31 (10) The construction of a secondary containment
32 structure: fifteen points.
33 (11) The construction of a manure storage
34 structure beneath a confinement feeding operation
35 structure building: ten points.
36 (12) Participation in the United States department
37 of agriculture natural resource and conservation
38 service program referred to as the "contour buffer
39 strip program": twenty-five points.
40 f. The following points shall be awarded if the
41 confinement feeding operation provides for the
42 distribution of bulk dry animal nutrient products, the
43 person receiving the product agrees that the product
44 will be incorporated, and the person who incorporates
45 the manure includes the condition as part of the

46 person's manure management plan: twenty-five points.
47 Sec. 64. 1995 Iowa Acts, chapter 195, section 37,
48 as amended by 1998 Iowa Acts, chapter 1209, section
49 40, is repealed.
50 Sec. 65. INTERIM APPROVAL OF APPLICATIONS FOR

Page 51

1 CONSTRUCTION PERMITS - REPEAL. The section of this
2 Act providing for the interim approval of applications
3 for construction permits by the department of natural
4 resources is repealed March 1, 2003.
5 Sec. 66. INTERIM COUNTY PARTICIPATION REPEAL. The
6 section of this Act providing for interim county
7 participation in the approval of construction permits
8 for confinement feeding operation structures is
9 repealed March 1, 2003, and the rights of applicants'
10 boards of supervisors to contest departmental
11 decisions. However, the provisions of the section
12 shall continue to apply to applications received by a
13 county board of supervisors prior to March 1, 2003.
14 DIVISION II
15 DIRECTIONS TO CODE EDITOR,
16 CHANGE THE NAME OF TERMS AND
17 TRANSFER TO NEW TITLE
18 Sec. 67. CHANGE OF NAME OF TERMS.
19 1. The Code editor is directed to change the term
20 "animal feeding operation structure" or "an animal
21 feeding operation structure" to "confinement feeding
22 operation structure" or "a confinement feeding
23 operation structure" wherever the term appears in
24 section 455B.161A, subsection 2, Code 2001; section
25 455B.162, subsection 3, Code 2001; section 455B.163,
26 subsection 3, paragraph "d", Code 2001; section
27 455B.165, subsection 3, paragraph "b", and subsections
28 6 and 8, Code 2001; section 455B.200B, subsection 2,
29 Code 2001; and section 455B.202, subsection 2,
30 paragraphs "c" and "d", Code 2001.
31 2. The Code editor is directed to change the term
32 "animal feeding operation structures" to "confinement
33 feeding operation structures" wherever the term
34 appears in section 455B.161A, subsection 2, paragraph
35 "c", Code 2001; section 455B.200B, subsection 2, Code
36 2001; and section 455B.162, unnumbered paragraph 1,
37 Code 2001.
38 3. The Code editor is directed to change the term
39 "animal feeding operation" or "an animal feeding
40 operation" to "confinement feeding operation" or "a
41 confinement feeding operation" wherever it appears in
42 section 455B.163, unnumbered paragraph 1, Code 2001;
43 section 455B.163, subsection 3, paragraph "c", Code
44 2001; section 455B.165, subsection 6, Code 2001; and

45 section 455B.205, subsection 3, paragraph "b", Code
46 2001.
47 4. The Code editor is directed to change the
48 phrase "confinement feeding operation structure or
49 anaerobic lagoon which is part of a confinement
50 feeding operation" to "confinement feeding operation

Page 52

1 structure" wherever the phrase appears in section
2 455B.191, subsection 7, Code 2001.
3 5. The Code editor is directed to change the
4 phrase "an animal feeding operation structure which is
5 part of a confinement feeding operation" to "a
6 confinement feeding operation structure" wherever the
7 phrase appears in section 455B.202, subsection 2, Code
8 2001.
9 6. The Code editor is directed to change the term
10 "bovine" to "cattle" wherever the term appears in Code
11 section 455B.162, Code 2001.
12 Sec. 68. DIRECTIONS TO THE CODE EDITOR.
13 1. The Code editor is directed to transfer and
14 consolidate provisions concerning animal agriculture
15 into new chapter 456D, consistent with this section
16 and the authority of the Code editor pursuant to
17 chapter 2B. As part of this transfer and
18 consolidation, the Code editor shall divide the
19 chapters into subchapters as follows:
20 a. Subchapter 1 shall include a new section
21 stating the following: This chapter shall be known
22 and may be cited as the "Animal Agriculture Compliance
23 Act". Section 455B.161, as amended by this Act, shall
24 be transferred to subchapter 1. Section 455B.171,
25 subsections 7, 33, and 44, shall be transferred and
26 consolidated into section 455B.161 as transferred to
27 subchapter 1. Section 455J.1, subsections 4, 6, and
28 9, shall be transferred and consolidated into section
29 455B.161 as transferred to subchapter 1. Section
30 455B.200B, subsection 6, as enacted by this Act, shall
31 be consolidated into section 455B.161 as transferred
32 to subchapter 1. Section 455B.200, as amended by this
33 Act, shall also be transferred to subchapter 1.
34 b. Chapter 455B, division II, part 2, including
35 sections amended or enacted by this Act, with the
36 exception of section 455B.164, shall be transferred to
37 new chapter 456D, as subchapter 2.
38 c. Chapter 455B, division III, part 1, subpart A,
39 as enacted in this Act, with the exception of section
40 455B.200, as amended by this Act, and section
41 455B.207, as enacted by this Act, shall be transferred
42 to new chapter 456D, as subchapter 3.
43 d. Sections 455B.125 through 455B.127, as enacted

44 by this Act, shall be transferred to new chapter 456D,
45 as subchapter 4.
46 e. Chapter 455J, with the exception of section
47 455J.1, shall be transferred to new chapter 456D, as
48 subchapter 5.
49 f. Section 455B.110, as amended by this Act, is
50 transferred to new chapter 456D, as subchapter 6.

Page 53

1 Sections 455B.167, and 455B.207, as enacted by this
2 Act; section 455B.191, subsection 7, Code 2001, and
3 section 455B.191, subsection 8, as amended by this
4 Act; and section 455B.104, subsection 2, are
5 transferred as new sections to new subchapter 6.
6 2. The Code editor is directed to transfer chapter
7 455I to new chapter 456C. Subchapter 1 shall include
8 section 455I.1, subsections 1 through 4 and 6 through
9 13, Code 2001. Subchapter 2 shall include a new
10 section stating the following: As used in this
11 subchapter, unless the context otherwise requires,
12 "department" means the department of natural
13 resources. Subchapter 2 shall include sections 455I.2
14 through 455I.7. Subchapter 3 shall include a new
15 section stating the following: As used in this
16 subchapter, unless the context otherwise requires,
17 "department" means the department of agriculture and
18 land stewardship. The Code editor is directed to
19 transfer sections 159.28 through 159.29B, Code 2001,
20 to new chapter 456C, subchapter 3.
21 Sec. 69. Section 455B.164, Code 2001, is repealed.
22 DIVISION III
23 RETROACTIVE APPLICABILITY AND EFFECTIVE DATES
24 Sec. 70. RETROACTIVE APPLICATION.
25 1. If the provisions of this Act would apply to
26 require that a person must be issued a construction
27 permit as provided in section 455B.200A, as amended by
28 this Act, upon the enactment of this Act, for the
29 construction of a confinement feeding operation
30 structure, the requirements of section 455B.200A, as
31 amended by this Act, shall apply retroactively as
32 provided in this section. The provisions of this Act
33 shall apply retroactively only if all of the following
34 are satisfied:
35 a. An application for a permit to construct the
36 confinement feeding operation structure was submitted
37 to the department on or after April 1, 2002, but prior
38 to the enactment of this Act, regardless of whether
39 the department has approved the application; a manure
40 management plan was submitted to the department
41 without a construction permit as provided in 567 IAC
42 65.16(2) on or after April 1, 2002, but prior to the

43 enactment of this Act regardless of whether the
44 department has approved the manure management plan; or
45 construction of a confinement feeding operation
46 structure has not begun upon the enactment of this Act
47 and the person would otherwise be required to submit a
48 manure management plan prior to the construction of
49 the confinement feeding operation structure as
50 provided in section 455B.203, as amended in this Act.

Page 54

1 b. The department has not received evidence that
2 an applicant or person submitting or required to
3 submit a manure management plan as provided in
4 subsection 2, has incurred commitments based on a
5 reliance of the law as the law existed on March 31,
6 2002. The commitments must constitute a legal
7 obligation for performance by the person to construct
8 a confinement feeding operation structure. The
9 applicant or other person required to submit the
10 evidence to the department must submit such evidence
11 not later than twenty-one days after the effective
12 date of this Act.
13 2. This Act shall not apply retroactively other
14 than as provided in this section. The department
15 shall approve or disapprove a pending construction
16 permit application or manure management plan not
17 subject to subsection 1 and a person may construct a
18 confinement feeding operation structure according to
19 the applicable requirements of the 2001 Code of Iowa
20 and rules adopted by the department and in effect on
21 March 31, 2002.
22 3. Until March 1, 2003, the department shall use
23 the interim matrix as provided in this Act in lieu of
24 the master matrix required to be used pursuant to
25 section 455B.200E.
26 Sec. 71. EFFECTIVE DATES.
27 1. Except as provided in subsections 2 and 3, this
28 Act, being deemed of immediate importance, takes
29 effect upon enactment.
30 2. The sections of this Act amending sections
31 455B.162, 455B.163, 455B.204, and 455B.204A, take
32 effect on March 1, 2003. Sections 455B.200C and
33 455B.200E, as enacted in this Act, take effect on
34 March 1, 2003. The provisions of section 455B.205A,
35 as enacted by this Act, as the provisions apply to
36 confinement feeding operations storing manure
37 exclusively on a dry matter basis, take effect upon
38 the effective date of rules adopted to implement
39 section 455B.205A.
40 3. Notwithstanding section 455B.203, as amended by
41 this Act, a person shall not be required to submit a

42 manure management plan update earlier than March 1,
43 2003. The department shall adopt rules necessary to
44 administer this Act including these sections on and
45 after the enactment of this Act."
46 2. Title page, line 1, by inserting after the
47 word "agriculture" the following: ", providing for
48 fees, providing for penalties, and including
49 retroactive applicability and effective date
50 provisions".

Page 55

1 3. By renumbering, redesignating, and correcting
2 internal references as necessary.

Amendment H-8649 was adopted, placing out of order amendment
H-8613, previously deferred, filed by the committee on agriculture on
April 10, 2002.

SENATE FILE 2293 SUBSTITUTED FOR HOUSE FILE 2468

Klemme of Plymouth asked and received unanimous consent to
substitute Senate File 2293 for House File 2468.

Senate File 2293, a bill for an act relating to animal agriculture,
providing for fees, providing for penalties, and including retroactive
applicability and effective date provisions, was taken up for
consideration.

Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-8691 filed by him from the floor.

Ford of Polk asked and received unanimous consent that
amendments H-8667 and H-8666 be deferred.

Kreiman of Davis asked and received unanimous consent that
amendment H-8693 be deferred.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Mertz of Kossuth on request of Huser of Polk.


Schrader of Marion offered the following amendment H-8696 filed
by Schrader, Reynolds of Van Buren and Fallon of Polk from the floor
and moved its adoption:

H-8696

1 Amend Senate File 2293, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 13, the
4 following:
5 "Sec. . NEW SECTION. 335.1A DEFINITIONS.
6 As used in this section, unless the context
7 otherwise requires:
8 1. "Animal unit capacity" means the same as
9 defined in section 455B.161.
10 2. "Confinement feeding operation" means the same
11 as defined in section 455B.161.
12 3. "Confinement feeding operation structure" means
13 the same as defined in section 455B.161.
14 4. "Egg washwater storage structure" means the
15 same as defined in section 455B.161.
16 5. "Farm operation" means a condition or activity
17 which occurs on farmland relating to the production of
18 farm products which may include but are not limited to
19 any of the following: the raising, harvesting,
20 drying, or storage of crops; the care or feeding of
21 livestock; the handling or transportation of crops or
22 livestock; the storage, treatment, transportation,
23 application, or disposal of livestock manure or
24 wastes; the operation of farm machinery and irrigation
25 pumps; ground and aerial seeding and spraying; and the
26 application of chemical fertilizers, conditioners,
27 insecticides, pesticides, and herbicides.
28 6. "Farm product" means a product produced from a
29 farm operation.
30 7. "Farmland" means land and buildings used in the
31 commercial production of farm products.
32 8. "Manure storage structure" means the same as
33 defined in section 455B.161.
34 9. "Small animal feeding operation" means the same
35 as defined in section 455B.161.
36 Sec. . Section 335.2, Code 2001, is amended to
37 read as follows:
38 335.2 FARMS EXEMPT FARM OPERATIONS EXEMPTION.
39 1. Except to the extent required to implement
40 section 335.27, no as provided in subsection 2, an
41 ordinance adopted under this chapter applies shall not
42 apply to land, farm farming operations, including
43 farmland and related structures such as houses, farm
44 barns, farm or outbuildings or other buildings or
45 structures which are primarily adapted, by reason of

46 nature and area, for use for agricultural purposes,
47 while so used. However, the ordinances
48 2. A county board of supervisors may apply to any
49 adopt an ordinance under this chapter which applies to
50 any of the following:

Page 2

1 a. The implementation of an agricultural land
2 preservation ordinance, as provided in section 335.27.
3 b. A structure, building, dam, obstruction,
4 deposit, or excavation in or on the flood plains of
5 any a river or stream.
6 c. The siting of a confinement feeding operation,
7 as provided in section 335.2A.
8 Sec. . NEW SECTION. 335.2A CONFINEMENT
9 FEEDING OPERATIONS.
10 1. Notwithstanding section 331.304A, a county may
11 adopt a confinement feeding operations siting
12 ordinance which shall be part of other regulations
13 provided in this chapter. The ordinance shall
14 regulate the siting of confinement feeding operation
15 structures, including the construction and expansion
16 of confinement feeding operation structures. The
17 ordinance shall be subject to adoption by the county
18 board of supervisors, upon recommendation by the
19 county's zoning commission as provided in section
20 335.8. The county board of supervisors shall adopt
21 the ordinance in the same manner as other regulations
22 adopted pursuant to this chapter.
23 2. The ordinance shall include a siting plan as
24 follows:
25 a. The plan shall do all of the following:
26 (1) Preserve the availability of farmland reserved
27 for confinement feeding operations.
28 (2) Encourage efficient urban development patterns
29 that do not burden farmland reserved under the plan
30 for confinement feeding operations. The plan shall
31 attempt to prevent congestion and overcrowding of
32 confinement feeding operations, especially near
33 cities.
34 (3) Preserve and protect natural resources,
35 including water sources, fragile environmental
36 locations, and recreational areas.
37 b. The plan may provide different regulations for
38 confinement feeding operations based on all of the
39 following:
40 (1) The animal unit capacity of the confinement
41 feeding operation.
42 (2) The type of confinement feeding operation
43 structure proposed to be constructed.
44 (3) The proximity of land for the application of

45 manure which originates from the confinement feeding
46 operation.
47 3. The ordinance shall not apply to a small animal
48 feeding operation.
49 4. a. The ordinance shall not violate any
50 requirement of chapter 455B, or rules adopted by the

Page 3

1 department of natural resources pursuant to that
2 chapter. However, the ordinance may provide for
3 separation distance requirements that exceed the
4 requirements of chapter 455B, division II, part 2, or
5 section 455B.204. The separation distance requirement
6 may be based on guidelines established by the
7 department of natural resources pursuant to sections
8 455B.165 and 455B.204 and shall to every extent
9 practicable be based on the methodology established by
10 the department pursuant to those sections.
11 b. The ordinance shall be consistent with the
12 county's comprehensive plan as required by section
13 335.5, and other regulations adopted pursuant to this
14 chapter.
15 c. The ordinance shall not prohibit the operation
16 of confinement feeding operations constructed prior to
17 the effective date of the ordinance.
18 5. The ordinance shall provide for review and
19 approval or disapproval of proposals to construct
20 confinement feeding operation structures.
21 a. The ordinance shall provide for methods and
22 procedures required for timely submission, review, and
23 approval or disapproval of proposals.
24 b. The planning and zoning commission shall review
25 each proposal and recommend to the board of
26 supervisors that the proposal be approved or
27 disapproved. The board of supervisors shall approve
28 or disapprove the proposal after considering all
29 relevant information, including the commission's
30 recommendation.
31 Sec. . Section 335.8, Code 2001, is amended to
32 read as follows:
33 335.8 ZONING COMMISSION APPOINTED.
34 1. In order to avail itself of the powers
35 conferred by this chapter, the The board of
36 supervisors shall appoint establish a zoning
37 commission, a. The board shall appoint members to the
38 commission. A majority of whose the members shall
39 reside within the county but outside the corporate
40 limits of any city, to be known as the county zoning
41 commission, to recommend. The zoning commission shall
42 do all of the following:
43 a. Recommend the boundaries of the various

44 original districts, and appropriate regulations and
45 restrictions to be enforced therein within those
46 districts. Such The commission shall, with due
47 diligence, prepare a preliminary report and hold
48 public hearings thereon on the preliminary report
49 before submitting its final report; and the. The
50 board of supervisors shall not hold its public

Page 4

1 hearings or take action until it has received the
2 final report of such commission. After the adoption
3 of such regulations, restrictions, and boundaries of
4 districts, the zoning commission may, from time to
5 time, recommend to the board of supervisors
6 amendments, supplements, changes, or modifications.
7 b. Provide for the siting of confinement feeding
8 operations as follows:
9 (1) The zoning commission shall prepare a
10 confinement feeding operations siting ordinance
11 including a plan for siting for recommendation to the
12 board of supervisors as provided in section 335.2A.
13 The zoning commission shall prepare and recommend the
14 ordinance or any amendments, supplements, changes, or
15 modifications to the ordinance, in the same manner as
16 other regulations pursuant to paragraph "a". The
17 zoning commission shall not make a recommendation
18 without holding a public hearing in the same manner as
19 provided in section 335.6.
20 (2) The zoning commission shall review and
21 recommend the approval or disapproval of a proposal
22 for the construction of a confinement feeding
23 operation as provided in section 335.2A based on
24 compliance with the confinement feeding operations
25 siting ordinance.
26 2. The zoning commission, with the approval of the
27 board of supervisors, may contract with professional
28 consultants, regional planning commissions, the Iowa
29 department of economic development, the department of
30 natural resources, or the federal government, for
31 local planning assistance."
32 2. Page 16, by inserting after line 15, the
33 following:
34 "Sec. . Section 455B.165, Code 2001, is amended
35 by adding the following new subsection:
36 NEW SUBSECTION. 9. A separation distance
37 requirement that is provided in a confinement feeding
38 operation siting ordinance adopted by a county board
39 of supervisors pursuant to section 335.2A. The
40 ordinance shall not include a requirement providing a
41 lesser separation distance than is provided for in
42 this part. If requested by a county, the department

43 shall provide recommendations with guidelines for
44 increasing required separation distances based on a
45 methodology which considers topographic, hydrologic,
46 climatic, or demographic factors."
47 3. Page 19, by striking lines 2 through 8, and
48 inserting the following: "management plans required
49 under this subpart."
50 4. Page 20, by striking lines 23 through 28 and
Page 5

1 inserting the following: "of this chapter. The
2 department shall approve the application".
3 5. Page 21, by striking lines 14 and 15.
4 6. Page 26, by striking lines 1 through 10.
5 7. Page 30, by striking line 6, and inserting the
6 following: "APPLICATION PROCEDURE."
7 8. Page 30, by striking lines 21 through 23 and
8 inserting the following:
9 "2. A county board of supervisors may provide
10 comment to the department on a construction permit".
11 9. By striking page 31, line 25 through page 32,
12 line 24.
13 10. Page 32, line 26, by striking the words "or
14 evaluation".
15 11. Page 32, line 30, by striking the words "or
16 an evaluation".
17 12. By striking page 33, line 16, through page
18 34, line 18.
19 13. Page 34, lines 23 and 24, by striking the
20 words "that has adopted a construction evaluation
21 resolution".
22 14. Page 35, by striking lines 22 through 30, and
23 inserting the following: "case as a contested case
24 proceeding under chapter 17A. If the".
25 15. Page 36, by striking lines 6 through 9, and
26 inserting the following: "proceeding under chapter
27 17A. The decision by the".
28 16. By striking page 36, line 21, through page
29 38, line 13.
30 17. Page 48, by inserting after line 18 the
31 following:
32 "3A. A county board of supervisors may increase a
33 separation distance requirement provided in this
34 section as provided in a confinement feeding operation
35 siting ordinance as provided in section 335.2A. The
36 ordinance shall not include a requirement providing a
37 closer separation distance than is provided for in
38 subsection 2. Upon request by a county, the
39 department shall provide recommendations to the county
40 as provided in section 455B.165."
41 18. By striking page 56, line 10, through page

42 64, line 3.
43 19. Page 64, by striking lines 7 through 10.
44 20. Page 68, by striking lines 21 through 23.

Roll call was requested by Schrader of Marion and Mascher of
Johnson.

Rule 75 was invoked.

On the question "Shall amendment H-8696 be adopted?" (S.F.
2293)

The ayes were, 38:
Arnold Bukta Chiodo Cohoon
Connors Dotzler Eichhorn Fallon
Foege Ford Frevert Garman
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Lensing
Mascher May Murphy Myers
Osterhaus Petersen Reynolds Richardson
Scherrman Schrader Shoultz Smith
Stevens Taylor, D. Taylor, T. Tremmel
Warnstadt Winckler

 


The nays were, 58:
Alons Baudler Bell Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Elgin Finch Gipp
Grundberg Hahn Hansen Heaton
Hoffman Horbach Huseman Jacobs
Jenkins Johnson Jones Kettering
Klemme Larson Manternach Metcalf
Millage O'Brien Quirk Raecker
Rants Rayhons Reeder Rekow
Roberts Seng Shey Sievers
Sukup Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Wilderdyke Wise
Witt Mr. Speaker
Siegrist

 


Absent or not voting, 4:
Atteberry Hoversten Mertz Teig

 

Amendment H-8696 lost.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Hoversten of Woodbury on request of Gipp of Winneshiek.

The following amendments were deferred by unanimous consent:

Amendment H-8694 filed by Dotzler of Black Hawk.
Amendment H-8685 filed by Reynolds of Van Buren.
Amendment H-8662 filed by Frevert of Palo Alto.

Kuhn of Floyd offered the following amendment H-8680 filed by
him and moved its adoption:

H-8680

1 Amend Senate File 2293, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 57, line 21 through page 64,
4 line 3 and inserting the following:
5 "Sec. . COUNTY INTERIM SITING OF CONFINEMENT
6 FEEDING OPERATION STRUCTURES.
7 1. A county board of supervisors may adopt a
8 confinement feeding operations siting ordinance,
9 pursuant to section 331.302. The purpose of the
10 ordinance shall be to allow approval of the siting of
11 a confinement feeding operation structure regardless
12 of whether the board has adopted an ordinance under
13 chapter 335.
14 a. The ordinance shall apply to the siting of
15 confinement feeding operation structures which must
16 obtain a construction permit pursuant to section
17 455B.200A.
18 b. The ordinance shall authorize a county to
19 approve the site of the construction or expansion of a
20 confinement feeding operation structure in order to
21 preserve and protect natural resources, including
22 water sources and fragile environmental locations;
23 lessen congestion and overcrowding of confinement
24 feeding operations, especially near cities; and
25 protect the health and welfare of the public.
26 2. The county's decision shall be based on all of
27 the following:
28 a. The proximity to the proposed construction site
29 of any of the following:
30 (1) Human population areas and tourism
31 attractions.

32 (2) Fragile land areas including but not limited
33 to designated wetlands, floodplains, or areas with
34 rare or valuable ecosystems.
35 (3) Water sources including major water sources
36 used as drinking water supplies; watersheds; high-
37 quality water resources; and aquifers and their
38 recharge areas.
39 (4) Public use areas or critical public areas.
40 b. The availability of land required for the
41 application of manure originating from the confinement
42 feeding operation as provided in section 455B.203.
43 c. The geology and hydrology of the site.
44 d. The impact of the confinement feeding
45 operation, after construction of the proposed
46 confinement feeding operation structure, on the
47 services of any city located in proximity to the
48 confinement feeding operation or the county in which
49 the confinement feeding operation is located.
50 e. The extent to which the applicant has complied

Page 2

1 with requirements under this division for other animal
2 feeding operations owned by the applicant.
3 3. An ordinance adopted under this section shall
4 provide for methods and procedures required for
5 submission of proposals, review of proposals, and
6 approval of a site for the construction or expansion
7 of a proposed confinement feeding operation structure.
8 In administering the ordinance, the board may
9 establish a confinement feeding operations siting
10 commission which shall review each proposal for the
11 construction or expansion of a confinement feeding
12 operation, and recommend to the county board of
13 supervisors that the board approve or disapprove the
14 proposal. The commission shall make its
15 recommendation to the board and the board shall
16 approve or disapprove a proposal within thirty days
17 after the date that the county receives the proposal.
18 The board shall notify the department of its decision
19 to approve or disapprove the proposal in the same
20 manner as required to provide comments prior to March
21 1, 2003, as provided in this Act."
22 2. Page 64, by striking lines 7 through 10 and
23 inserting the following:
24 "Sec. . INTERIM PROCESS REPEALED. The section
25 of this Act providing for the interim siting of
26 confinement feeding operation structures by county
27 boards of supervisors is repealed March 1, 2003."
28 3. By renumbering as necessary.


Roll call was requested by Kuhn of Floyd and Myers of Johnson.

On the question "Shall amendment H-8680 be adopted?" (S.F.
2293)

The ayes were, 38:
Arnold Bukta Chiodo Cohoon
Connors Dotzler Eichhorn Fallon
Foege Ford Frevert Garman
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Lensing
Mascher May Murphy Myers
O'Brien Osterhaus Petersen Reynolds
Scherrman Schrader Shoultz Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Warnstadt

 


The nays were, 55:
Alons Baudler Bell Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Elgin Finch Gipp
Grundberg Hahn Hansen Heaton
Hoffman Horbach Huseman Jacobs
Jenkins Johnson Jones Kettering
Klemme Larson Manternach Metcalf
Millage Quirk Raecker Rants
Rayhons Reeder Rekow Roberts
Seng Shey Sievers Tymeson
Van Engelenhoven Van Fossen Weidman Wilderdyke
Wise Witt Mr. Speaker
Siegrist

 


Absent or not voting, 7:
Atteberry Hoversten Mertz Richardson
Teig Tyrrell Winckler

 

Amendment H-8680 lost.

Kreiman of Davis asked and received unanimous consent that
amendment H-8692 be deferred.

Ford of Polk offered the following amendment H-8667, previously
deferred, filed by him and moved its adoption:


H-8667

1 Amend Senate File 2293, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 18, by inserting after line 11, the
4 following:
5 "Sec. . Section 455B.191, subsections 1 and 2,
6 Code 2001, are amended to read as follows:
7 1. Any person who violates any provision of part 1
8 of division III of this chapter or any permit, rule,
9 standard, or order issued under part 1 of division III
10 of this chapter shall be subject to a civil penalty
11 not to exceed five twenty-five thousand dollars for
12 each day of such violation.
13 2. Any person who negligently or knowingly
14 violates section 455B.183 or section 455B.186 or any
15 condition or limitation included in any permit issued
16 under section 455B.183, or who negligently or
17 knowingly introduces into a sewer system or into a
18 publicly owned treatment works any pollutant or
19 hazardous substance which the person knew or
20 reasonably should have known could cause personal
21 injury or property damage or, other than in compliance
22 with all applicable federal and state requirements or
23 permits, negligently or knowingly causes a treatment
24 works to violate any water quality standard, effluent
25 standard, pretreatment standard or condition of a
26 permit issued to the treatment works pursuant to
27 section 455B.183 is guilty of a serious misdemeanor
28 for a negligent violation and is guilty of an
29 aggravated misdemeanor for a knowing violation. A
30 conviction for a negligent violation is punishable by
31 a fine of not more than twenty-five fifty thousand
32 dollars for each day of violation or by imprisonment
33 for not more than one year, or both; however, if the
34 conviction is for a second or subsequent violation
35 committed by a person under this subsection, the
36 conviction is punishable by a fine of not more than
37 fifty one hundred thousand dollars for each day of
38 violation or by imprisonment for not more than two
39 years, or both. A conviction for a knowing violation
40 is punishable by a fine of not more than fifty one
41 hundred thousand dollars for each day of violation or
42 by imprisonment for not more than two years, or both;
43 however, if the conviction is for a second or
44 subsequent violation committed by a person under this
45 subsection, the conviction is punishable by a fine of
46 not more than one two hundred thousand dollars for
47 each day of violation or by imprisonment for not more
48 than five years, or both. As used in this section,
49 "hazardous substance" means hazardous substance as
50 defined in section 455B.381 or section 455B.411."

Page 2

1 2. By renumbering as necessary.

Amendment H-8667 lost.

Ford of Polk offered the following amendment H-8666, previously
deferred, filed by him from the floor and moved its adoption:

H-8666

1 Amend Senate File 2293, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 18, by inserting after line 18 the
4 following:
5 "Sec. . NEW SECTION. 455B.191A CONTAMINATION
6 OF WATER SUPPLY - LIABILITY.
7 In addition to payment of any applicable penalty
8 under this chapter or other provision of law, a person
9 who causes the contamination of a private water supply
10 or public water supply system to the extent that
11 potable water cannot be provided to the users of the
12 private water supply or public water supply system
13 shall be liable for all costs associated with the
14 testing and repair of the water system and the costs
15 associated with providing potable water to the users
16 of the private water supply or public water supply
17 system while the water system is contaminated."
18 2. By renumbering as necessary.

Amendment H-8666 lost.

Kreiman of Davis asked and received unanimous consent to
withdraw amendments H-8692 and H-8693, previously deferred, filed
by him from the floor.

Dotzler of Black Hawk offered the following amendment H-8694
filed by him from the floor and moved its adoption:

H-8694

1 Amend Senate File 2293, as amended, passed, and
2 reprinted, by the Senate, as follows:
3 1. Page 23, by inserting after line 20, the
4 following:
5 "5A. A person required to be issued a construction
6 permit under this section must provide to the
7 department an occupational safety and health program,

8 in a manner required by the department. The program
9 must address issues associated with working in
10 confinement feeding operations, including all of the
11 following:
12 a. Medical surveillance.
13 b. Personal protective equipment.
14 c. An injury and illness prevention plan.
15 d. Engineering controls, including but not limited
16 to the installation of ventilation systems to reduce
17 hazardous exposures."
18 2. Page 64, by inserting after line 6, the
19 following:
20 "Sec. . FULL-TIME EQUIVALENT POSITION
21 AUTHORIZED. The department of natural resources shall
22 support one full-time equivalent position from moneys
23 deposited in the animal agriculture compliance fund
24 established pursuant to section 455B.127, as enacted
25 in this Act, as soon as practicable after March 1,
26 2003. The full-time equivalent position shall be used
27 to fund a United States occupational safety and health
28 administration consultant to assist in providing for
29 safety and health programs for persons working in
30 confinement feeding operations."
31 3. By renumbering, redesignating, and correcting
32 internal references as necessary.

Amendment H-8694 lost.

Reynolds of Van Buren offered the following amendment H-8685,
previously deferred, filed by her and moved its adoption:

H-8685

1 Amend Senate File 2293, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 47, by inserting after line 34, the
4 following:
5 " ( ) One thousand feet away from a farm pond
6 that is owned by a person other than the owner of the
7 confinement feeding operation structure proposed to be
8 constructed, and is used to raise a species of fish,
9 including but not limited to fingerlings, for sale on
10 a commercial basis."
11 2. Page 48, line 22, by inserting after the
12 figure "462A.2." the following: "However, this
13 paragraph does not apply to exempt a farm pond from a
14 separation distance otherwise required in this
15 subsection, if the farm pond is used to raise a
16 species of fish, including but not limited to
17 fingerlings, for sale on a commercial basis."
18 3. By renumbering as necessary.

Amendment H-8685 lost.

Frevert of Palo Alto offered the following amendment H-8662,
previously deferred, filed by her and moved its adoption:

H-8662

1 Amend Senate File 2293, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 49, by striking lines 4 through 16 and
4 inserting the following:
5 "2. A Except as otherwise provided in this
6 subsection, a person shall not dispose of apply manure
7 on cropland land located within two hundred feet from
8 a designated area, unless one of the following
9 applies:
10 1. The manure is applied by injection or
11 incorporation within twenty-four hours following the
12 application.
13 2. An area of permanent vegetation cover exists
14 for fifty feet surrounding the designated area and
15 that area is not subject to manure application.
16 a. The department may adopt rules requiring a
17 decreased separation distance for the application of
18 manure on land where a water quality improvement
19 practice has been installed, including filter strips
20 and riparian forest buffers. The allowance of a
21 decreased separation distance shall to every extent
22 consistent with sound water quality practices be
23 modeled on conservation practices required to be
24 designed, constructed, and maintained according to
25 technical standards for this state published by the
26 United States department of agriculture, natural
27 resources conservation service."
28 2. Page 49, line 17, by striking the word
29 "adopts" and inserting the following: "may adopt".
30 3. By renumbering as necessary.

Amendment H-8662 lost.

Dix of Butler in the chair at 4:33 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. 2293)


The ayes were, 81:
Arnold Baudler Bell Boal
Boddicker Boggess Bradley Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Finch Foege Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Roberts Scherrman Seng
Shey Siegrist, Spkr. Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Tymeson Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Wise Witt
Dix,
Presiding

 


The nays were, 13:
Alons Brauns Cormack De Boef
Fallon Ford Horbach Reeder
Reynolds Schrader Shoultz Sievers
Tyrrell

 


Absent or not voting, 6:
Atteberry Hoversten Mertz Richardson
Teig Winckler

 

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

HOUSE FILE 2468 WITHDRAWN

Klemme of Plymouth asked and received unanimous consent to
withdraw House File 2468 from further consideration by the House.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2293 be immediately messaged to the Senate.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 12, 2002, receded from the Senate amendment, and passed the following bill in
which the concurrence of the Senate was asked:

House File 582, a bill for an act relating to the division and development of land by
amending provisions relating to subdivision plats and plats of survey and relating to
annexation and other boundary adjustments, and providing for the Act's applicability.

Also: That the Senate has on April 12, 2002, adopted the conference committee
report and passed House File 2192, a bill for an act relating to the establishment of a
state agency work group to develop an interstate prescription drug purchasing
cooperative.

Also: That the Senate has on April 12, 2002, concurred in the House amendment to
the Senate amendment, and passed the following bill in which the concurrence of the
Senate was asked:

House File 2430, a bill for an act providing for the mental health and
developmental disabilities commission to assume the duties of the state-county
management committee and provides new rulemaking authority associated with those
duties.

Also: That the Senate has on April 12, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2447, a bill for an act relating to the operation and regulation of
personal watercraft, and to watercraft safety courses and certificates, and subjecting
violators to a penalty.

Also: That the Senate has on April 12, 2002, concurred in the House amendment to
the Senate amendment, and passed the following bill in which the concurrence of the
Senate was asked:

House File 2515, a bill for an act relating to the duties and operation of the
department of education and providing effective and applicability dates.

Also: That the Senate has on April 12, 2002, adopted the conference committee
report and passed House File 2532, a bill for an act relating to public retirement
systems and providing effective and retroactive applicability dates.

Also: That the Senate has on April 12, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2565, a bill for an act requiring contract disclosure statements for
certain residential real estate installment contracts, providing for a penalty, and
providing an applicability date.


Also: That the Senate has on April 12, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2591, a bill for an act relating to an increase in the resident hunting
license fee and establishing a pheasant and quail restoration program and making an
appropriation.

Also: That the Senate has on April 12, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2616, a bill for an act relating to the time of possession of deer venison,
increasing the minimum fine for unlawful taking, possessing, injuring, or transporting
protected species and game, and subjecting violators to a penalty.

Also: That the Senate has on April 12, 2002, amended and passed the following bill
in which the concurrence of the House is asked:

House File 2617, a bill for an act relating to the regulation of milk and milk
products, by providing for permits, fees, and penalties, making penalties applicable,
and providing an effective date.

Also: That the Senate has on April 12, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2620, a bill for an act regulating farmers markets, providing for fees,
making penalties applicable, and providing an effective date.

Also: That the Senate has on April 12, 2002, passed the following bill in which the
concurrence of the Senate was asked:

House File 2621, a bill for an act relating to tax credits under the new jobs and
income program and the enterprise zone program for farmers' cooperatives and
including a retroactive applicability date.

Also: That the Senate has on April 12, 2002, concurred in the House amendment to
the Senate amendment, and passed the following bill in which the concurrence of the
Senate was asked:

House File 2622, a bill for an act relating to the administration of the tax and
related laws by the department of revenue and finance, including administration of
state individual income, corporate income, sales and use, property, motor fuel, special
fuel, and inheritance taxes and including effective and retroactive applicability date
provisions.

Also: That the Senate has on April 12, 2002, adopted the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 122, a concurrent resolution requesting the Supreme
Court to implement a review and development of options to improve performance of
guardian ad litem duties.


Also: That the Senate has on April 12, 2002, adopted the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 123, a concurrent resolution requesting the govenor
to appoint a blue ribbon committee to make recommendations regarding the child
welfare, child mental health, and juvenile justice systems in the state of Iowa.

Also: That the Senate has on April 12, 2002, receded from the Senate amendment to
the House amendment, and passed the following bill in which the concurrence of the
Senate was asked:

Senate File 2197, a bill for an act prohibiting a registered sex offender from residing
near a school or child care facility, and providing a penalty.

Also: That the Senate has on April 12, 2002, 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 2258, a bill for an act relating to the board of educational examiners'
authority to determine whether an applicant for licensure or certification or for
renewal of a license is qualified for the license sought.

Also: That the Senate has on April 12, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2268, a bill for an act relating to animals other than livestock, including
the taking of such animals, providing for their disposition, and providing for the
reimbursement of dispositional expenses.

Also: That the Senate has on April 12, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2286, a bill for an act relating to the civil commitment of sexually
violent predators, and providing an effective date.

Also: That the Senate has on April 12, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2323, a bill for an act relating to the creation of a registered nurse
recruitment program and fund to be administered by the college student aid
commission.

Also: That that the Senate has on April 12, 2002, adopted the following resolution
in which the concurrence of the House is asked:

Senate Concurrent Resolution 118, a concurrent resolution supporting enactment of
Medicare coverage of oral cancer drugs.

MICHAEL E. MARSHALL, Secretary


SENATE AMENDMENTS CONSIDERED

Rekow of Allamakee called up for consideration House File 2617,
a bill for an act relating to the regulation of milk and milk products,
by providing for permits, fees, and penalties, making penalties
applicable, and providing an effective date, amended by the Senate,
and moved that the House concur in the following Senate amendment
H-8695:

H-8695

1 Amend House File 2617, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by inserting after line 6, the
4 following:
5 "c. The following fees, which shall be in addition
6 to any fee required to accompany a permit as required
7 in this section, shall be assessed:
8 (1) A reinspection fee that shall be paid by a
9 person holding a permit under this subsection for
10 which reinspection is required as a condition of
11 retaining the permit. The amount of the reinspection
12 fee shall not be more than forty dollars for each such
13 reinspection.
14 (2) A resealing fee that shall be paid by a person
15 holding a milk plant permit, for resealing a milk
16 plant's pasteurizer. The amount of the resealing fee
17 shall not be more than one hundred dollars for each
18 such resealing.
19 d. A person who renews a permit and submits any
20 accompanying renewal fee under this subsection more
21 than thirty days after the date that the renewal
22 period expires shall pay a late fee. The amount of
23 the late fee shall be equal to ten percent of the
24 permit renewal fee. However, in no instance shall the
25 late fee be less than twenty-five dollars."
26 2. Page 3, by striking lines 20 and 21, and
27 inserting the following:
28 "1. "Bulk milk tanker" means all of the following:
29 a. A bulk milk tanker as defined in section
30 192.101A.
31 b. A vehicle that transports milk stored in milk
32 cans."

The motion prevailed and the House concurred in the Senate
amendment H-8695.

Rekow of Allamakee 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. 2617)

The ayes were, 93:
Alons Arnold Baudler Bell
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dolecheck Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman Horbach Huseman
Huser Jacobs Jenkins Jochum
Johnson Jones Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Roberts Scherrman
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Wise Witt
Dix,
Presiding

 


The nays were, none.

Absent or not voting, 7:
Atteberry Hoversten Mertz Richardson
Schrader Teig Winckler

 

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

Boddicker of Cedar called up for consideration Senate File 2118,
a bill for an act prohibiting certain activities related to the use or
destruction of the materials of human reproduction, and providing
penalties, amended by the House, further amended by the Senate and

moved that the House concur in the following Senate amendment H-
8640, to the House amendment:

H-8640

1 Amend the House amendment, S-5439, to Senate File
2 2118, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. By striking page 1, line 5, through page 2,
5 line 45, and inserting the following:
6 ""Section 1. NEW SECTION. 707B.1 TITLE.
7 This chapter shall be known and may be cited as the
8 "Human Cloning Prohibition Act".
9 Sec. 2. NEW SECTION. 707B.2 PURPOSE.
10 It is the purpose of this chapter to prohibit human
11 cloning for any purpose, whether for reproductive
12 cloning or therapeutic cloning.
13 Sec. 3. NEW SECTION. 707B.3 DEFINITIONS.
14 As used in this chapter, unless the context
15 otherwise requires:
16 1. "Fetus" means a living organism of the species
17 homo sapiens from eight weeks' development until
18 complete expulsion or extraction from a woman's body,
19 or until removal from an artificial womb or other
20 similar environment designed to nurture the
21 development of such organism.
22 2. "Human cloning" means human asexual
23 reproduction, accomplished by introducing the genetic
24 material of a human somatic cell into a fertilized or
25 unfertilized oocyte whose nucleus has been or will be
26 removed or inactivated, to produce a living organism
27 with a human or predominantly human genetic
28 constitution.
29 3. "Human embryo" means a living organism of the
30 species homo sapiens from the single-celled stage to
31 eight weeks' development.
32 4. "Human somatic cell" means a cell having a
33 complete set of chromosomes obtained from a living or
34 deceased human organism of the species homo sapiens at
35 any stage of development.
36 5. "Oocyte" means a human ovum.
37 Sec. 4. NEW SECTION. 707B.4 HUMAN CLONING -
38 PROHIBITIONS - EXCEPTIONS - PENALTY.
39 1. A person shall not intentionally or knowingly
40 do any of the following:
41 a. Perform or attempt to perform human cloning.
42 b. Participate in performing or in an attempt to
43 perform human cloning.
44 c. Transfer or receive a cloned human embryo for
45 any purpose.
46 d. Transfer or receive, in whole or in part, any

47 oocyte, human embryo, fetus, or human somatic cell,
48 for the purpose of human cloning.
49 2. This section shall not restrict areas of
50 scientific research not specifically prohibited,

Page 2

1 including in vitro fertilization; the administration
2 of fertility-enhancing drugs; or research in the use
3 of nuclear transfer or other cloning techniques to
4 produce molecules, deoxyribonucleic acid, tissues,
5 organs, plants, animals other than humans, or cells
6 other than human embryos.
7 3. a. A person who violates subsection 1,
8 paragraph "a" or "b", is guilty of a class "C" felony.
9 b. A person who violates subsection 1, paragraph
10 "c" or "d", is guilty of an aggravated misdemeanor.
11 4. A person who violates this section in a manner
12 that results in a pecuniary gain to the person is
13 subject to a civil penalty in an amount that is twice
14 the amount of the gross gain.
15 5. A person who violates this section and who is
16 licensed pursuant to chapter 148, 150, or 150A is
17 subject to revocation of the person's license.
18 6. A violation of this section is grounds for
19 denial of an application for, denial of renewal of, or
20 revocation of any license, permit, certification, or
21 any other form of permission required to practice or
22 engage in any trade, occupation, or profession
23 regulated by the state.""
24 2. Title page, lines 1 and 2, by striking the
25 words "certain activities related to the use or
26 destruction of the materials of human reproduction"
27 and inserting the following: "human cloning".
28 3. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8640, to the House amendment.

Boddicker of Cedar 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. 2118)



The ayes were, 92:
Alons Arnold Baudler Bell
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Fallon Finch Foege
Ford Frevert Garman Gipp
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach May
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Roberts Scherrman
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Wise Witt,
Presiding

 


The nays were, 1:
Mascher

 


Absent or not voting, 7:
Atteberry Hoversten Mertz Richardson
Schrader Teig Winckler

 

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

Appropriations Calendar

Senate File 2316, a bill for an act relating to the sale of certain
farmland by Iowa state university of science and technology,
providing for the appropriation and use of proceeds from the sale, and
providing an effective date, with report of committee recommending
amendment and passage, was taken up for consideration.

Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8542 filed by him on April 8, 2002.

Jenkins of Black Hawk offered the following amendment H-8541
filed by the committee on appropriations and moved its adoption:

H-8541

1 Amend Senate File 2316, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 35, by inserting after the word
4 "facility" the following: "or for the university's
5 plant sciences institute".
6 2. Page 2, by striking lines 1 through 4.

The committee amendment H-8541 was adopted.

Cormack of Webster offered the following amendment H-8565 filed
by him and moved its adoption:

H-8565

1 Amend Senate File 2316, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 29, by inserting after the word
4 "approval" the following: ", subject to the
5 requirements of section 262.9, subsection 7, and
6 section 262.10".
7 2. Page 2, by striking lines 5 through 8.

Speaker Siegrist in the chair at 7:10 p.m.

A non-record roll call was requested.

The ayes were 23, nays 56.

Amendment H-8565 lost.

Jenkins of Black Hawk offered amendment H-8609 filed by him as
follows:

H-8609

1 Amend Senate File 2316, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 31, by inserting after the word
4 "university." the following: "Appraisals conducted by
5 the university of the value of any portion of the
6 tract shall be made available to the public
7 immediately following the sale of that portion of the
8 tract."

Cormack of Webster offered the following amendment H-8615, to
amendment H-8609, filed by him and moved its adoption:

H-8615

1 Amend the amendment, H-8609, to Senate File 2316,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 7, by striking the words
5 "immediately following" and inserting the following:
6 "prior to".

Amendment H-8615 lost.

On motion by Jenkins of Black Hawk amendment H-8609 was
adopted.

Jenkins of Black Hawk 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. 2316)

The ayes were, 67:
Arnold Bell Boal Boggess
Bradley Brauns Bukta Carroll
Chiodo Cohoon Connors Dix
Dolecheck Dotzler Drake Eddie
Elgin Fallon Finch Foege
Frevert Gipp Greimann Grundberg
Hahn Hansen Hatch Hoffman
Horbach Huseman Huser Jacobs
Jenkins Jochum Kreiman Kuhn
Larkin Larson Lensing Mascher
May Metcalf Millage Murphy
Myers Osterhaus Petersen Quirk
Rants Reeder Reynolds Scherrman
Seng Sievers Stevens Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Warnstadt Weidman Wilderdyke
Wise Witt Mr. Speaker
Siegrist

 


The nays were, 26:
Alons Baudler Boddicker Broers
Brunkhorst Cormack De Boef Eichhorn
Ford Garman Heaton Johnson
Jones Kettering Klemme Manternach
O'Brien Raecker Rayhons Rekow
Roberts Shey Shoultz Smith
Van Engelenhoven Van Fossen

 


Absent or not voting, 7:
Atteberry Hoversten Mertz Richardson
Schrader Teig Winckler

 

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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 2617, Senate Files 2118 and 2316.

Senate File 2328, a bill for an act providing for the establishment
of the state percent of growth for purposes of the state school
foundation program and providing an applicability date, with report
of committee recommending passage, was taken up for consideration.

Wise of Lee offered amendment H-8658 filed by Wise, et al., as
follows:

H-8658

1 Amend Senate File 2328, as passed by the Senate, as
2 follows:
3 1. Page 1, line 8, by striking the word "two" and
4 inserting the following: "three".

The House stood at ease at 8:24 p.m., until the fall of the gavel.

The House resumed session at 8:38 p.m., Speaker Siegrist in the
chair.

Wise of Lee moved the adoption of amendment H-8658.

Roll call was requested by Wise of Lee and Myers of Johnson.


On the question "Shall amendment H-8658 be adopted?" (S.F.
2328)

The ayes were, 39:
Bell Bukta Chiodo Cohoon
Connors Dotzler Fallon Foege
Ford Frevert Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reeder Reynolds
Scherrman Seng Shoultz Smith
Stevens Taylor, D. Taylor, T. Tremmel
Warnstadt Wise Witt

 


The nays were, 54:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Garman Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Huseman Jacobs Jenkins Johnson
Jones Kettering Klemme Larson
Manternach Metcalf Millage Raecker
Rants Rayhons Rekow Roberts
Shey Sievers Sukup Tymeson
Tyrrell Van Engelenhoven Van Fossen Weidman
Wilderdyke Mr. Speaker
Siegrist

 


Absent or not voting, 7:
Atteberry Hoversten Mertz Richardson
Schrader Teig Winckler

 

Amendment H-8658 lost.

Grundberg of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (S.F. 2328)


The ayes were, 53:
Alons Arnold Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Garman Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Huseman Jacobs Jenkins Johnson
Jones Kettering Klemme Larson
Manternach Metcalf Millage Raecker
Rants Rayhons Rekow Roberts
Shey Shoultz Sievers Tymeson
Tyrrell Van Engelenhoven Weidman Wilderdyke
Mr. Speaker
Siegrist

 


The nays were, 40:
Bell Bukta Chiodo Cohoon
Connors Dotzler Fallon Foege
Ford Frevert Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Murphy Myers O'Brien Osterhaus
Petersen Quirk Reeder Reynolds
Scherrman Seng Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Van Fossen Warnstadt Wise Witt

 


Absent or not voting, 7:
Atteberry Hoversten Mertz Richardson
Schrader Teig Winckler

 

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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Winckler of Scott on request of Bukta of Clinton.

MESSAGE FROM THE SENATE

The following message was received from the Senate:


Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 12, 2002, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2549, a bill for an act relating to students and school district employees
by amending the student achievement and teacher quality program and language
pertaining to retirement incentives and providing an effective date.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2328 be immediately messaged to the Senate.

SENATE AMENDMENT CONSIDERED

Grundberg of Polk called up for consideration Senate File 2258, a
bill for an act relating to the board of educational examiners'
authority to determine whether an applicant for licensure or
certification or for renewal of a license is qualified for the license
sought, amended by the House, further amended by the Senate and
moved that the House concur in the following Senate amendment
H-8697, to the House amendment:

H-8697

1 Amend the House amendment, S-5256, to Senate File
2 2258, as passed by the Senate, as follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 1, line 7, by striking the word
6 "shall" and inserting the following: "may"."
7 2. Page 1, by striking lines 3 through 5.
8 3. Page 1, by inserting before line 6 the
9 following:
10 " . Page 1, line 12, by striking the letter
11 ""a""."
12 4. Page 1, by striking line 17 and inserting the
13 following: "726.2.
14 (d) Dissemination and exhibition of obscene
15 material to minors under section 728.2.
16 (e) Telephone dissemination of obscene material to
17 minors under section 728.15.""
18 5. By renumbering, relettering, or redesignating
19 and correcting internal references as necessary.


The motion prevailed and the House concurred in the Senate
amendment H-8697, to the House amendment.

Grundberg of Polk 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. 2258)

The ayes were, 93:
Alons Arnold Baudler Bell
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Fallon Finch Foege
Ford Frevert Garman Gipp
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Reeder Rekow Reynolds Roberts
Scherrman Seng Shey Shoultz
Smith Sievers Stevens Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 7:
Atteberry Hoversten Mertz Richardson
Schrader Teig Winckler

 

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


IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2258 be immediately messaged to the Senate.

MOTION TO RECONSIDER WITHDRAWN
(Senate File 2326)

Rants of Woodbury asked and received unanimous consent to
withdraw the motion to reconsider Senate File 2326, a bill for an act
making, reducing, and transferring appropriations, and providing for
other properly related matters and including effective dates, filed by
him on April 9, 2002, placing out of order amendment H-8638 filed by
Ford of Polk on April 11, 2002.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2326 be immediately messaged to the Senate.

SENATE AMENDMENT CONSIDERED

Carroll of Poweshiek called up for consideration House File 2549,
a bill for an act relating to students and school district employees by
amending the student achievement and teacher quality program and
language pertaining to retirement incentives and providing an
effective date, amended by the Senate, and moved that the House
concur in the following Senate amendment H-8698:

H-8698

1 Amend House File 2549, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 4, line 31, by inserting after the word
4 "concerns" the following: "for a period not to exceed
5 twelve months".
6 2. Page 5, line 1, by inserting after the word
7 "standards" the following: ", and to determine
8 whether the teacher's practice meets school district
9 expectations for career advancement in accordance with
10 section 284.7".
11 3. Page 5, line 20, by inserting after the word
12 "chapter." the following: "If, in accordance with
13 section 279.19, a beginning teacher appeals the
14 determination of a school board to an adjudicator
15 under section 279.17, the adjudicator selected shall

16 have successfully completed training related to the
17 Iowa teacher standards, the model criteria adopted by
18 the state board of education in accordance with
19 section 284.3, subsection 3, as enacted by this Act,
20 and any additional training required under rules
21 adopted by the public employment relations board in
22 cooperation with the state board of education."
23 4. Page 6, by inserting after line 29 the
24 following:
25 "Sec. . Section 284.4, subsection 2, Code
26 Supplement 2001, is amended to read as follows:
27 2. By July 1, 2003 2002, each school district
28 shall participate in the student achievement and
29 teacher quality program if the general assembly
30 appropriates moneys for purposes of the student
31 achievement and teacher quality program established
32 pursuant to this chapter."
33 5. Page 8, line 17, by striking the words "a
34 standard" and inserting the following: "an
35 educational".
36 6. Page 9, line 25, by inserting after the word
37 "plan." the following: "The evaluator shall consult
38 with the teacher's supervisor on the development of
39 the individual teacher career development plan."
40 7. Page 10, line 8, by inserting after the word
41 "plan." the following: "The teacher's supervisor
42 shall review, modify, or accept modifications made to
43 the teacher's individual plan."
44 8. Page 10, by inserting after line 14 the
45 following:
46 "Sec. . Section 284.7, subsection 6, paragraph
47 a, Code Supplement 2001, is amended to read as
48 follows:
49 a. For the school year beginning July 1, 2001
50 2002, and ending June 30, 2002 2003, if the licensed

Page 2

1 employees of a school district or area education
2 agency receiving funds pursuant to section 284.13,
3 subsection 1, paragraph "g" or "h", for purposes of
4 this section, are organized under chapter 20 for
5 collective bargaining purposes, the board of directors
6 and the certified bargaining representative for the
7 licensed employees shall mutually agree upon a formula
8 for distributing the funds among the teachers employed
9 by the school district or area education agency.
10 However, the school district must comply with the
11 salary minimums provided for in this section. The
12 parties shall follow the negotiation and bargaining
13 procedures specified in chapter 20 except that if the
14 parties reach an impasse, neither impasse procedures

15 agreed to by the parties nor sections 20.20 through
16 20.22 shall apply and the funds shall be paid as
17 provided in paragraph "b". Negotiations under this
18 section are subject to the scope of negotiations
19 specified in section 20.9. If a board of directors
20 and the certified bargaining representative for
21 licensed employees have not reached mutual agreement
22 by July 15, 2001 2002, for the distribution of funds
23 received pursuant to section 284.13, subsection 1,
24 paragraph "g" or "h", paragraph "b" of this subsection
25 shall apply."
26 9. Page 10, line 23, by striking the word "and".
27 10. Page 10, line 24, by inserting after the word
28 "improvement" the following: ", or to determine
29 whether the teacher's practice meets school district
30 expectations for career advancement in accordance with
31 section 284.7".
32 11. Page 10, line 27, by striking the word "may"
33 and inserting the following: "shall".
34 12. Page 10, line 28, by striking the word
35 "also".
36 13. Page 10, line 30, by inserting before the
37 word "an" the following: "a supervisor or".
38 14. Page 11, line 3, by striking the word "may"
39 and inserting the following: "shall, at the direction
40 of the teacher's supervisor,".
41 15. Page 11, by inserting after line 8 the
42 following:
43 "3. If a teacher is denied advancement to the
44 career II or advanced teacher level based upon a
45 performance review, the teacher may appeal the
46 decision to an adjudicator under the process
47 established under section 279.17. However, the
48 decision of the adjudicator is final."
49 16. By striking page 11, line 22, through page
50 12, line 5.

Page 3

1 17. Page 12, by inserting after line 5 the
2 following:
3 "Sec. . Section 284.13, subsection 1,
4 paragraphs b, c, d, and e, Code Supplement 2001, are
5 amended to read as follows:
6 b. For the fiscal year beginning July 1, 2001
7 2002, and ending June 30, 2002 2003, to the department
8 of education, the amount of one million nine four
9 hundred thousand dollars for the issuance of national
10 board certification awards in accordance with section
11 256.44.
12 c. For the fiscal year beginning July 1, 2001, and
13 ending June 30, 2002, an amount up to two million four

14 hundred thousand dollars for first-year beginning
15 teachers, and for the fiscal year beginning July 1,
16 2002, and succeeding fiscal years, an amount up to
17 four million seven one hundred thousand dollars for
18 first-year and second-year beginning teachers, to the
19 department of education for distribution to school
20 districts for purposes of the beginning teacher
21 mentoring and induction programs. A school district
22 shall receive one thousand three hundred dollars per
23 beginning teacher participating in the program. If
24 the funds appropriated for the program are
25 insufficient to pay mentors and school districts as
26 provided in this paragraph, the department shall
27 prorate the amount distributed to school districts
28 based upon the amount appropriated. Moneys received
29 by a school district pursuant to this paragraph shall
30 be expended to provide each mentor with an award of
31 five hundred dollars per semester, at a minimum, for
32 participation in the school district's beginning
33 teacher mentoring and induction program; to implement
34 the plan; and to pay any applicable costs of the
35 employer's share of contributions to federal social
36 security and the Iowa public employees' retirement
37 system or a pension and annuity retirement system
38 established under chapter 294, for such amounts paid
39 by the district.
40 d. For the fiscal year beginning July 1, 2001
41 2002, and ending June 30, 2002 2003, up to one million
42 five seven hundred thousand dollars to the department
43 of education for purposes of establishing the
44 evaluator training program, including but not limited
45 to the development of criteria models; an evaluation
46 process; the training of providers; development of a
47 provider approval process; training materials and
48 costs; for payment to practitioners under section
49 284.10, subsection 3, and to pay any applicable costs
50 of the employer's share of contributions to federal

Page 4

1 social security and the Iowa public employees'
2 retirement system or a pension and annuity retirement
3 system established under chapter 294, for such amounts
4 paid by the district; and for subsidies to school
5 districts for training costs. A portion of the funds
6 allocated to the department for purposes of this
7 paragraph may be used by the department for
8 administrative purposes.
9 e. For the fiscal year beginning July 1, 2001
10 2002, and ending June 30, 2002 2003, up to one million
11 five hundred fifty thousand dollars to the department
12 of education for purposes of implementing the career

13 development program requirements of section 284.6, and
14 the review panel requirements of section 284.9. A
15 portion of the funds allocated to the department for
16 purposes of this paragraph may be used by the
17 department for administrative purposes.
18 Sec. . Section 284.13, subsection 1, paragraph
19 g, unnumbered paragraph 1, Code Supplement 2001, is
20 amended to read as follows:
21 For the each fiscal year beginning July 1, 2001,
22 and ending June 30, 2002, the amount of in which funds
23 are appropriated for purposes of this chapter, the
24 moneys remaining from funds appropriated for purposes
25 of this chapter after distribution as provided in
26 paragraphs "a" through "f" and "h" shall be allocated
27 to school districts in accordance with the following
28 formula:"
29 18. Page 12, by inserting after line 9 the
30 following:
31 "Sec. . MINIMUM TEACHER SALARY REQUIREMENTS -
32 FY 2002-2003.
33 1. Notwithstanding section 284.7, subsection 1,
34 paragraph "a", subparagraph (2), the minimum teacher
35 salary paid by a school district or area education
36 agency for purposes of teacher compensation in
37 accordance with chapter 284, for the fiscal year
38 beginning July 1, 2002, and ending June 30, 2003,
39 shall be the minimum salary amount the school district
40 or area education agency paid to a first-year
41 beginning teacher or, the minimum salary amount the
42 school district or area education agency would have
43 paid a first-year beginning teacher if the school
44 district or area education agency had participated in
45 the program in the 2001-2002 school year, in
46 accordance with section 284.7, subsection 1, Code
47 Supplement 2001. If the school district or area
48 education agency did not employ a first-year beginning
49 teacher in the 2001-2002 fiscal year, the minimum
50 salary is the amount that the district would have paid

Page 5

1 a first-year beginning teacher under chapter 284 in
2 the 2001-2002 fiscal year.
3 2. Notwithstanding section 284.7, subsection 1,
4 paragraph "b", subparagraph (2), the minimum career
5 teacher salary paid to a career teacher who was a
6 beginning teacher in the 2001-2002 fiscal year, by a
7 school district or area education agency participating
8 in the student achievement and teacher quality
9 program, for the fiscal year beginning July 1, 2002,
10 and ending June 30, 2003, shall be, unless the school
11 district has a minimum career teacher salary that

12 exceeds thirty thousand dollars, one thousand dollars
13 greater than the minimum salary amount the school
14 district or area education agency paid to a first-year
15 beginning teacher if the school district or area
16 education agency participated in the program during
17 the 2001-2002 school year, or the minimum salary
18 amount the school district or area education agency
19 would have paid a first-year beginning teacher if the
20 school district or area education agency had
21 participated in the program in the 2001-2002 school
22 year, in accordance with section 284.7, subsection 1,
23 Code Supplement 2001.
24 3. Notwithstanding section 284.7, subsection 1,
25 paragraph "b", subparagraph (2), and except as
26 provided in subsection 2, the minimum career teacher
27 salary paid by a school district or area education
28 agency participating in the student achievement and
29 teacher quality program, for purposes of teacher
30 compensation in accordance with chapter 284, for the
31 fiscal year beginning July 1, 2002, and ending June
32 30, 2003, shall be the minimum salary amount the
33 school district or area education agency paid to a
34 career teacher if the school district or area
35 education agency participated in the program during
36 the 2001-2002 school year, or, the minimum salary
37 amount the school district or area education agency
38 would have paid a career teacher if the school
39 district or area education agency had participated in
40 the program in the 2001-2002 school year, in
41 accordance with section 284.7, subsection 1, Code
42 Supplement 2001."
43 19. Page 12, by inserting after line 28 the
44 following:
45 "Sec. . TEACHER CAREER PATH PILOT PROGRAM. It
46 is the intent of the general assembly to create a
47 statewide career path pilot program to be implemented
48 in approved school districts during the school year
49 beginning July 1, 2003, and ending June 30, 2004. By
50 December 15, 2002, the department of education shall

Page 6

1 develop recommendations for the pilot program in
2 consultation with persons representing teachers,
3 administrators, school boards, and other education
4 stakeholders as appropriate, and shall submit its
5 recommendations to the chairpersons and ranking
6 members of the senate and house standing committees on
7 education and the joint appropriations subcommittee on
8 education. The recommendations shall, at a minimum,
9 include proposals for grant criteria; measures by
10 which a school district may identify the

11 characteristics that define a career II and advanced
12 level teacher; conditions under which a teacher may
13 advance to the career II and advanced levels including
14 the performance evaluation required to advance to the
15 next career level; maximum use of the career and
16 advanced teacher's skills and knowledge to benefit the
17 school district and its students; training necessary
18 for adjudicators for purposes of section 284.8,
19 subsection 3; and a review process.
20 Sec. . REPORT TO DEPARTMENT - NUMBER OF
21 PRESCHOOL TEACHERS EMPLOYED. By July 30, 2002, each
22 school district and area education agency shall report
23 to the department of education the number of preschool
24 teachers employed by the school district or area
25 education agency on the third Friday of September
26 2001."
27 20. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8698.

Carroll of Poweshiek 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. 2549)

The ayes were, 93:
Alons Arnold Baudler Bell
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Bukta
Carroll Chiodo Cohoon Connors
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Fallon Finch Foege
Ford Frevert Garman Gipp
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Huseman Huser Jacobs Jenkins
Jochum Johnson Jones Kettering
Klemme Kreiman Kuhn Larkin
Larson Lensing Manternach Mascher
May Metcalf Millage Murphy
Myers Osterhaus Petersen Quirk
Raecker Rants Rayhons Reeder
Rekow Reynolds Roberts Scherrman
Schrader Seng Shey Shoultz
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Wilderdyke Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 1:
O'Brien

 


Absent or not voting, 6:
Atteberry Hoversten Mertz Richardson
Teig Winckler

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2549 be immediately messaged to the Senate.

PRESENTATION TO RETIRING MEMBERS AND LEADERS

Jacobs of Polk and Gipp of Winneshiek invited to the well of the
House, for special recognition, members of the House who will be
retiring or are candidates for the Iowa Senate. Plaques were
presented to the following members:

Clyde E. Bradley, District 37 1995 - 2002
Roger A. Broers, District 19 2001 - 2002
Robert J. Brunkhorst, District 22 1993 - 2002
Mike G. Cormack, District 13 1995 - 2002
William A. Dotzler, Jr., District 26 1997 - 2002
Russell J. Eddie, District 10 1987 - 2002
Barbara A. Finch, District 62 2001 - 2002
Teresa A. Garman, District 63 1987 - 2002
Jack Hatch, District 68 1985 -1992, 2001 - 2002
Gregory B. Hoversten, District 1 2001 - 2002
David J. Johnson, District 6 1999 - 2002
Steve Kettering, District 11 1999 - 2002
Keith A. Kreiman, District 92 1993 - 2002
Charles W. Larson, Jr., District 55 1993 - 2002

Dennis J. May, District 20 1987 - 1990, 1993 - 2002
Janet S. Metcalf, District 75 1985 - 2002
David A. Millage, District 41 1991 - 2002
Michael J. O'Brien, District 79 1993 - 2002
Rebecca Reynolds, District 94 1997 - 2002
Steve Richardson, District 89 1997 - 2002
Paul J. Scherrman, District 33 1997 - 2002
David Schrader, District 90 1987 - 2002
Joe M. Seng, District 43 2001 - 2002
Patrick Shey, District 52 1999 - 2002
Bryan J. Sievers, District 40 2001 - 2002
Steven E. Sukup, District 18 1995 - 2002
Russell W. Teig, District 17 1995 - 2002
Mark Tremmel, District 93 2001 - 2002
Phillip E. Tyrrell, District 59 1979-1982, 1987-2002
Steven H. Warnstadt, District 2 1995 - 2002
Richard B. Weidman, District 86 1991 - 2002
William G. Witt, District 23 1993 - 2002

The House rose and expressed its appreciation.

House Speaker Brent Siegrist, Majority Leader Christopher C.
Rants and Minority Leader Richard E. Myers were invited to the
Speaker's station for a special presentation.

Jacobs of Polk, on behalf of the House, presented plaques to each
leader in appreciation of his service and dedication to the Iowa House
of Representatives during the Seventy-ninth General Assembly.

Speaker pro tempore Sukup in the chair at 9:50 p.m.

REMARKS BY MINORITY LEADER MYERS

Minority Leader Myers offered the following remarks:

Thank you, Mr. Speaker.

Mr. Speaker, ladies and gentlemen of the House.

I want to start by thanking my caucus for the privilege of serving as your leader.

I want to thank my assistant leaders who have worked so hard to help me do this
job.

I want to thank all the people who make this place run - the clerks, the Chief Clerk
and her staff, the doorkeepers, and our nonpartisan agencies.

I want to thank my staff - Carolyn and Mark - and our caucus staff - Paulee, Dave,
Dean, Jenifer, Mary, Joe, Ed, Anna and Tom.

I think many people on both sides of the aisle put a lot of work into this session.
The budget problems we faced this year were formidable. But I have to say that,
despite what may have been good intentions, I am disappointed at how this session
turned out.

I am disappointed that we did not work together the way that I know we can.

We wasted too much time on things that, either because of our actions or the
Governorís, would not become law. Our budget subcommittees really were not given a
chance to do their work. They were forced to start their work too late, and when they
had completed their work it was sometimes ignored.

We had an opportunity this year, provided to us by a tight budget, to modernize and
streamline state government, but we did not. Instead of making fundamental decisions
about priorities, we just nickel and dimed state departments. I did not think our
budget contained a vision for Iowa or addressed our fundamental problems.

When we began the session Democrats said we wanted to protect Iowansí economic
security now and provide growth for Iowaís future.

We worked with Republicans to pass a good series of venture capital and investor-
friendly initiatives. That was a highlight of this session.

But we also came here to continue progress in keeping our public schools the best in
the nation, and to improve health care for seniors and children. Instead, at best we
maintained the commitments we made last year.

We have a fundamental underlying problem in this state - we are losing too many of
our best and brightest children. No child should have to leave his or her hometown and
family to find a good job. Our goal must be to provide better opportunities for our kids
after they graduate.

We have differences about how to do that, but we need to put aside partisanship
and work through those differences for the common good.

We are leaving here with our work undone. We will certainly be back here again
and probably sooner than later. When we come back, we stand ready to work with you
and Governor Vilsack on a budget that we all support.

I have enjoyed working with Speaker Siegrist and Majority Leader Rants these past
two years. I want to thank you for the courtesy and assistance you have shown me.

REMARKS BY MAJORITY LEADER RANTS

Majority Leader Rants offered the following remarks:

Thank you Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House, It's day
89. For those along press row, this has been the shortest regular session of the General
Assembly since 1972. It certainly doesnít feel like the shortest session in twenty years,
in fact it feels like the longest.

In preparation for this moment, I took some time last night to look at the two other
"closing remarks" Iíve given from this spot. Their beginnings are remarkably the same.

Last year I remarked that "the fiscal predicament this General Assembly has faced
is unprecedented. The state of Iowa has not seen a revenue shortfall of this magnitude
in the last thirty years." Well, itís no longer unprecedented. Weíve had to deal with
two very difficult years. States across the nation have been strapped by an economic
recession that depleted their resources. While many of them responded by raising
taxes Iowa resisted that idea. We responded by using our emergency funds to protect
our local schools from further across the board reductions. We have asked other areas
of state government to sacrifice funding so that it could be spent on our children. We
leave here today with a smaller state government - but one that reflects our priorities;
educating our young people, growing our economy, and protecting our environment.

Mr. Speaker I have no doubt that after the gavel falls today Governor Vilsack will
issue a press release accusing Republicans of not spending as much money as he wants.
Ladies and gentlemen, "guilty as charged." Three times now Governor Vilsack has
claimed that the Legislature wasnít spending enough money only to reverse himself a
few months later and either ask us to send him a deappropriations bill, or make
sweeping across the board cuts himself. How many times do Tom Vilsack and Sally
Peterson have to be proven wrong before Iowans say "enough is enough?"

Colleagues, for the last three weeks the Governor has asked publicly and privately,
that we fund the teacher quality program, Hawk-I, and provide more money to fund
the largest salary and benefit package ever provided for state employees. At our
meeting with the Governor on Monday I told him "I get it. Iíve heard it a dozen times
already. Those are your top three priorities. Now tell me what is number four and
number five." The Governor replied state universities and community colleges.
Governor Vilsack, all five priority areas were addressed in House File 2623. We have
stretched the taxpayers dollar as far as it will go, farther in some areas, and there is no
more.

When all the dust settles, and the political press releases finally fall to the bottom
of the waste can; local school districts will receive a net increase of 41 million dollars,
at a time when other states are retreating on the education front. Just as important,
we made policy changes that some would call a tool box for innovative schools - such as
the creation of public charter schools.

Mr. Speaker with all my heart I wish Representative Russ Teig was with us in the
chamber today. When this legislative session is remembered, one of the items for
which it will be known is Representative Teigís work on our venture capital initiative.
If we as Iowans are going to see our state thrive and grow we must all be willing to
take more risks, more initiative. This General Assembly led the way this year with an
ambitious five part plan to encourage more entrepreneurship and more capital
investment in our economy. It is no quick fix to our current problems, but it is no

band-aid either. The Governor has already signed a portion of this package - I would
encourage him to approve the rest.

The other signature piece of this session is the livestock confinement legislation we
just completed. Again I wish Representative Teig was in the chamber as he, more than
any other legislator, spent the first portion of this session working to ensure that this
issue was addressed. Even though I believe Russ started the ball rolling,
Representative Klemme, Ralph, my friend, you picked up the ball and you ran with it.
I canít thank you enough for the work that you have done this year. You, and David
and Gene, put untold hours into this work. Ralph, part of me feels like apologizing for
putting you through the most difficult year of your legislative tenure - but it's
something you should be proud of. Those grand kids of yours will grow up in the
better, cleaner state, because of your efforts.

I want to take a moment to thank my Republican colleagues. I want to thank you
for giving me the opportunity to serve as your Majority Leader for the last two years. I
canít imagine a better group of people to work with. We have such a diverse caucus,
one in which members have such diverse backgrounds and expertise on such a host of
issues. Iíve been blessed to get to know each one of you. I have often tried to explain to
others, often times without success, particularly to the press that our caucus members
are always willing to do the right thing over the politically expedient thing. That
commitment to core values and a sense of doing what is right never ceases to amaze
me. You have worked tirelessly for the last few weeks, go home to your families,
recuperate and rejuvenate. Your work here is done, and done well.

To Chuck, Libby, Danny, Steve and Bill. You are a great team. I canít thank you
enough for the guidance youíve provided me, and the moral, and sometimes physical
support along the way.

Representative Myers. It has been a pleasure to get to know you over the last two
years. I hope that we have set a new standard for communication between the parties.
You have always been fair, honest and frank with me. Youíve helped me move the
process along, when you could, and I thank you for that. Weíve had many
opportunities the last two years for joint appearance before the public, and on TV. My
only regret is that I was unable to get you to curse out loud.

Mr. Speaker, the House staff has done an excellent job this year. They always do,
so it shouldnít be a surprise. The peopleís House works because of the people in it. But
we too often overlook the obstacles that we put in their path. Me in particular. Iíll
switch the order of bills coming up for debate without informing the ladies in the well,
and I can never seem to stump them. To the folks in the chief clerks office, to the
central staff agencies to the door keepers and the pages, I want to thank you for your
service to the people of Iowa and to us.

I want to thank our Republican caucus staff for the work youíve done. I think weíve
got the best staff in the building. All through session I lived with the constant fear
that I was going to lose another of you to the Bush administration or to other greener
pastures. Your always ready with an answer when we need one, you help my office
and me keep track of what's going on and where. Jeff, Kellie, Lew, Jason, Lon, Pat,
Stephanie, Brad, Bruce, and Mary, thank you for your service.


To my own staff. Allison, thank you so much for not bailing out on me back in
January. Best decision I made all year. I hope that you will be the first person Iíve
hired that actually comes back and works for me two sessions in a row. To Jackie, my
intern thanks for your volunteer time. I appreciate you keeping our web site up to date
so Represenative Warnstadt would have something to read in his spare time. And to
Dan, my page, I hope you learned more about what the world needs from reading about
John Gault in my office, and in listening to the debate on the floor.

To the Republican retirees: what can I say? I spent most of my time trying to talk
you out of leaving the House...I wish all of you the very best in your new endeavors.
Youíve certainly earned a rest and a change of pace. There are many stories that could
be told, but Iíd like to tell only one. One that had such an influence on me and my
legislative career.

In the second week of session in 1993. We Republicans had just taken control of the
House in the wake of the Iowa trust scandal, and we were establishing a new ethics
code. Represenative Rod Halvorson, not to be confused with Roger, was offering what
our caucus had dubbed "thou shalt be an angel" amendments trying to one-up the
Republicans. For two days weíd been debating this bill and every amendment was
going down 49-51, 49-51. Well, I was sitting over there where Represenative Seng sits
with Steve Churchill. We were two freshly scrubbed freshmen, just fresh from the
election full of righteousness and independence. After about an hour of debate on one
of Rod Halvorsonís amendments we were pretty much convinced that Rod was right.
So up went the votes on the board. And then suddenly instead of going down 49-51, it's
passing 51-49. Suddenly this figure rose up across the chamber from us, and as if by
magic flew, I mean flew over rows of desk to land in front of us. And seeing her coming
the two of us just kind of shrunk down into the shadows behind our desks as
Representative Teresa Garman, then one of the assistant leaders for our caucus,
commenced to inform these freshmen in no uncertain terms that this was a caucus
position, and we under no circumstances were going to vote against our leadership,
that we were supposed to always follow the way leadership voted, and who did we
think we were? Well by the time Teresa got done dressing us down, and making us flip
our votes on the board, we were afraid that it wasnít safe to go back to the Speaker's
Conference room for the next caucus. Well Teresa I learned my lesson that night and it
was a valuable one. I will forever associate you with "caucus positions" and "blindly
following leadership."

Lastly, Mr. Speaker I donít know where to begin. I say that because Iím afraid that
once I start I donít know how Iíll end. But Iíll give it a try. Hopefully Iíll be able to keep
up my normal stoney exterior. Weíll see.

For the last three years there has rarely been a day that goes by that we donít touch
base with each other on an issue of politics or policy. I canít tell you how much Iíll miss
that. I wonít miss waiting fifteen minutes for you to show up for every meeting weíre
supposed to have somewhere or another. I will miss the calming influence you bring to
all of our struggle and endeavors. I wonít miss your decisiveness. I will miss your
advice and counsel. I wonít miss the mess you leave in my car everytime we travel
across the state, but I will miss having you ride shotgun. Brent, Iíve learned so much
from you in this job, you are a great role model and a mentor, and an even better
friend. I wish only the best for you and Val, Evan and Harriet. Your going to have
your hands full the next two months, and I want to share with you a song lyric from the

Doors. "Keep your eyes on the road, and your hands upon the wheel." You do that, and
itíll all turn out fine.

Ladies and Gentlemen, as you look around this room, itís obvious that this place
takes its toll. It takes its toll on our health, both mental and physical. It takes a toll on
our marriages and families. It takes a toll on our business and professional lives. Itís
time to repair that wear and tear. It's time to return home. Thank you all, itís been an
honor to serve with each and every one of you.

REMARKS BY SPEAKER SIEGRIST

Speaker Siegrist offered the following remarks:

Ladies and Gentlemen of the House: I chose to speak from here (the Majority
Leaderís desk) instead of the Speakerís chair, which I obviously could have done. First
off, Iím not sure if Iíll get through this. When you have "Darth" Millage breaking down
and stoic Carroll, Iím a little worried about myself. But I chose to speak from here,
even though Iíve been deeply honored being Speaker of this House, because this is
where Iíve gotten my fondest memories of the Iowa House - the years as Majority
Leader and also the years as just a regular member of the House, running around,
finding the good candy, of course, and being on the floor. Iíve been deeply honored to be
Speaker, but this is where I always felt best. The Speakerís Well sits up there pretty
high, yet almost every day, Representative Drake would lumber down and stand in
front of me. Iíd be sitting in my elevated chair, and I still had to look up to him. But, I
did want to come down here to the floor for my closing speech.

For the last ten years, Iíve been honored to give a final day speech as the Majority
Leader or Speaker and generally, you talk about the Session and the year and whatís
gone on. Iím only going to do that for about one minute and then I would just like to
say a few other things. You would think that after eighteen years of building up to
this, I would know what to say, but Iím not sure. Iíve just jotted down some notes.

I always quote things, so itís Charles Dickens, A Tale of Two Cities: "It was the best
of times and it was the worst of times." That would sum up this year. It was the best
of times - we did good things: venture capital, the livestock bill, we did invest in
education. And it was the worst of times because we didnít do all that we wanted to do.
We couldnít do the things that we wanted to do, so it was both the best and worst of
times. For you pseudo-intellectuals out there, I hope you enjoyed that quote. Iíd
prefer to refer to the Eaglesí Hotel California the way I felt about this session, "You can
check in any time you want, but you can never leave." That is what the session has felt
like more often than not.

We have done our work here. I hope the Governor signs the bill. I think weíve done
some good work. We can always do better, but I think this Assembly has done, as it
always has, a lot of good work.

Over the last few days, weíve had a lot of speeches. Iím sure a lot of you do this - as
you sit here, when people get up and talk about the memories, you tear up because
everythingís from the heart. Itís been fun to remember some things. Dave Schrader
mentioned the night the lights went out. I had forgotten about that. The reminiscing
is really, really important but when you try to do it yourself, and Iím sure the retirees

can relate to this, it is just so hard to think about it. Had I known I was going to go on
this ride of my life, which it truly has been for eighteen years, I wouldíve taken some
notes as Bill Witt did. It wouldíve been better because you just canít pull them down
out of the air.

And so, Iím not going to do that because I want to talk about some people. I was
going through some papers, some clippings, in the garage at our home the other day,
and I had forgotten that in 1987, I froze Regents tuitions in the State of Iowa. I had
forgotten I had offered an amendment and you Democrats voted for it - and we froze
tuition at the Regents for seven days until Speaker Avenson took you back there and
convinced you that was a bad thing to do. So, I had forgotten those things. And there
are just so many stories like that, but my favorite story, the one that Iíll tell you that is
very brief, is when I used to sit there where Taylor the Elder is sitting, when I was on
Education Appropriations. I was gone one day and Mary Rhoads was my clerk those
first eight years, a wonderful person. I came back and she said Sue Lerdal is looking
for you. I said, "OK, what did she want?" And Mary said, "I donít know. She just
walked up and said Ďwhereís the little guy?í" So, I thank Sue for that.

There are thousands of memories here. We are a family. Thatís kind of a trite
thing to say, but we have shared many things over the years. Good and bad. Magic
and tragic. Weíre a family. When I think back on the people that Iíve served with that
weíve lost, and I donít have all the names, but youíre saddened when you think of
people like Jack Beaman, Horace Daggett, Clay Spear, Phil Brammer, Tom Miller,
Louis Muhlbauer, and more, that youíve had the privilege to serve with and who are no
longer with us. Itís a sad thing. We do greive together when we have to as a family.
Becky Dolecheck, Pat Murphyís sister, Chuck Gippís mom and Russ Teig. You know,
we talk about being a family, but the neat thing is, we donít just say it. We really
believe that. When we need it, when people in this Chamber need it, weíre all here for
each other. And itís very, very important. So, we are a family. We share the bad times
and we share the good times. And thereís a lot of happiness here, too - the birth of my
two children Evan and Harriet, with my wife. I look around the room - Bill Dix, Frank
Chiodo, Bob Brunkhorst, Chris Rants, numerous children that have been born while
weíre here. And numerous grandchildren - Iím looking at the Klemmes. I always enjoy
the big children, so you get a lot of candy. I know Representative Petersen has her son
here tonight.

Weíve been happy and astounded that Brad Hansen and Chuck Larson found
women that would marry them, which really does prove that often-stated mantra that
you hear: looks donít really matter. We were overjoyed that Dave Millage found a
beautiful and charming woman to marry him, which, for a good Catholic like me,
proves that there are Iowans that are eligible for canonization and sainthood. As some
of you know, I met and married my wife, Valerie, while I was here. She worked for the
Democratic Party. I met Val here, we had children here, and as you reflect back, I
spent 18 years here. From age 32 to 49, I spent my middle age here and itís been a
great ride. I want to thank Val for being here tonight. I want to thank her for the
sacrifices sheís made. She has made a lot of sacrifices and I wouldnít say this if I didnít
believe it: I wouldnít be as successful as I have been if she wouldnít have been by my
side. And my success mostly has come since weíve been married. So, I do want to
thank her and my family for the sacrifices theyíve made. And I want to thank you for
the sacrifices that you make. We donít get enough credit for that, and you know that.
We all make sacrifices to serve here because we really want to serve the public and

thatís very, very special. An amazing, dedicated group of people that weíre all
privileged to serve with each other. Even the Senate fits into that category.

The family that we have here is very big, as you know. Like everyone has said, I
know Iím going to forget to name people, but the Central Staff Agency, the Doormen,
the Pages, the people in all the offices that we depend on, Margaret and Gayle and
Kathy down in the Well. We have a great, great amount of people here that we are
very blessed to have with us. The caucus staffs that both leaders have mentioned that
make us good: Allison and Jeff and Lon and Mary and Stefani and Lou and Kellie and
Pat and Brad and Jason and Bruce, and on the Democratic side, Mark and Carolyn and
Paulee and Tom and Ed and Joe and Mary and Jenifer and Anna and Dean and Dave.
This place wouldnít run without you. And we donít say that enough. Without you, this
place wouldnít be as good as it is and we do appreciate it.

You look around the Chamber and I could say something about everybody, but you
canít do that. Representative Boddicker, I want the continuing e-mails about your
sonís wrestling career. Even though Iím not going to be here, I want to know how heís
doing. Youíre such a remarkable group of people that come here to do the right thing.
We have our partisan battles, but youíre here to do the right thing and thatís what is so
very impressive about you. After all these years, last year I finally did have a
revelation about why itís like herding cats around here. It took me seventeen years.
As you know, last year was pretty tough. We went into caucus toward the end, and we
were in there about two hours. After my caucus performed open heart surgery without
any anesthesia, I went back to my office. I was saying, why donít they understand
this? Why donít they see it the same way? And it mightíve been Chuck Gipp that said,
"Well, youíve got to understand. Theyíre all leaders back home." And Iíd never thought
of it that way, but weíre all individual leaders back home. We have leaders here that
you elect and weíre flattered by that, but youíre all leaders back home. I guess
sometimes we lose track of that. Thatís why itís challenging to build a consensus here
because you all represent different people and youíre all leaders in your own
communities. That was a good revelation for me to have after seventeen years, how
important you all are back home because I think we lose sight of that.

But the bottom line here is friendship and special friendships. Weíre all friends,
and obviously, some of us are more special. You get to know people even better.
Yesterday, somebody from my first class called me. I was in my office and Mike
Peterson called me, the former Democratic State Party Chairman. Mike called me to
wish me well. It was very nice of him. He works for a big company now so I asked him
to get me a PAC contribution, which I think heís going to do. I talked to Ron Corbett
tonight. You forge these very special friendships and donít ever lose that. I look at
John Connors and remember the talks that weíve had and what he means to the
institution. Representative Cohoon kind of made me mad this year. He didnít bring
any chips; he brought us health food. Janet Metcalf and I came in together. We have
the bond of the Class of í84. Mike Cormack, who some days I wanted to throw out the
window but nonetheless, he was always here to fight for his principles. Brad Hansen, a
former student of mine, despite that, has been successful. I would feel good if my
influence on Brad had one iota to do with his success here. And the leadership team
that I have on my side, and the Democratic leadership team that is just as important -
Steve Sukup, Chuck Gipp, Russ Teig, who we all miss, Danny Carroll, Libby Jacobs,
Bill Dix. People that gave me counsel. People that tried to make me be a better person
and tried to make sure what direction we should go. Those are people that will be with
us forever.

Iíve been incredibly blessed. Iíve spent 18 years in the legislature, 14 years in
leadership, which means that my members had some faith in me that I could,
hopefully, do the right thing. And itís been an amazing run. Fourteen years in
leadership, ten years as one of the leaders of the House. When you get to be a leader,
you get to deal with the other leaders on the other side of the aisle. Thatís whatís very
special.

I have three staff members and they all thought I should quote a rock song from
their favorite artist. Dan likes Billy Joel and thereís his song, "Running on Ice," that is
for Dick Myers, Dave Schrader, and Christopher. It says, "As fast as I can climb, a new
disaster every time I turn around. As soon as I get one fire put out, thereís another
building burning down." And thatís what leadership is about. There are a lot of fires
here and we do our very, very best. Dave Schrader, Iím glad you came back tonight. I
know you had to race. I thought youíd do a little better than eighth, but Iím sure youíll
do better another night. I wish you nothing but the best. You were a good adversary.
You were a good friend, and a very fair person on the floor. The years that you served
your Democratic caucus, you did an excellent job. Iím glad youíre back here tonight.
Dick Myers, these last two years have been very fun. You are just a genuinely decent
human being who does what he thinks is best. Iíve enjoyed our relationship of trying to
do whatís best for Iowa and I wish you all the best. Christopher Rants. Obviously, you
develop a very close friendship and a very close working relationship with the people
like Christopher, and Ron Corbett before him. Iíve enjoyed playing the bad cop to
Chrisí good cop these last couple of years. Iíve tried to teach him to be a little less laid
back. We all know that Christopher has a bit of an edgy personality, but heís done a
wonderful job. Heís done a better job of running this place than I did. Everybody has
different strengths, but Christopher, we all learn from each other. I learned some
things from him as it relates to his personality and how my personality can get better
in terms of running this place. I will value that friendship forever.

The lobbyists up in the gallery and the reporters in press row - weíre all friends. I
understand that the press will do what they have to do in their jobs. I feel like if I ran
into the lobbyists and the press again after weíre out of here, that we can be friends, we
can talk, we can enjoy each otherís company. Theyíre very special people. We have
some of the best lobbyists that provide information to us. We have some of the best
press that take very good care of us. They do their job but do it in a fair way. I thank
you for that.

As Iíve said, I have three people in my office. I inherited Dan Fogleman from Ron
Corbett. I spend most of my time trying to have Dan not get me thrown in jail for some
of the statements he writes and trying to calm him down, but heís done a great job.
Heís done his work to make me look good as a leader and I appreciate that deeply.
Becky came into the office with us. Becky is a consummate professional, and you know
that. I always knew that people that went in my office were treated right. Beckyís job
is to try and make me only fifteen minutes late to the meetings with Rants. She has
had a tough job, but I thank her very much. Susan has been with me from the
beginning of my leadership career. Iím not going to say too much because I know she
wonít want me to, but sheís been with me from the beginning. Iíve endured her temper
tantrums and she has endured me being the way I am, totally unorganized. Susanís
favorite artist is Bruce Springsteen. This is something that would apply to all three
people in my office from the song, Lucky Man. "I went to see the gypsy the other night.
She looked in my palm, looked me in the eye and said, youíre a lucky man." Iím a lucky

man for a lot of reasons, but particularly for the people that have helped me in my
office.

Itís about time to go home. I see Clel was just either itching his foot or reaching for
his boot. I do need to wrap up and I apologize for taking a little time. This is an
awesome place and we forget that too often. When we bring people into this Chamber,
they go "Wow". We come in here every day and we donít even look at it. This is an
incredible place. You have been honored by your constituents to serve here. A lot of
times, and Dick and Dave can relate to this as well as Christopher, weíre here late at
night in the middle of the summer. We might walk out of here at 11:00 oíclock at night
and nobodyís here. Iíll find myself stopping on the stairwell and looking at this
building. Donít take it for granted. Iím leaving now, so now I see these things. Take
some time to think about what youíre doing here. Do it every day, every week. Think
about why weíre here. Think about what this buildingís about. You have to have some
awe every time you walk into this building, if you want to serve it right. If you want to
serve your people right, you have to have some type of feeling that this is a special
place. Youíre not special, although you are, but youíre special because they elected you
to come here. So, please do that.

People have talked to me this week about what my legacy is. I donít know. All I
know is that the only permanent legacy I have is my picture is going to go up on the
wall. And, as I said the other night, thatís way cool. But, itís going to be right above
the water fountain. Iím going to be coming back checking for watermarks. I do feel
very, very good about having my picture on the wall. Itís been a privilege to be here.

You know, Iím running for Congress, and by the way, Iím the best guy running. But
I mean this sincerely - if I get elected, I hope to do a good job for all of Iowa, not just the
Fifth District. If I donít, itís a win, too, because Iíll be home with my family.
Representative Scherrman said in the first speech that was given this year, that he
was going home to be with his family. I always thought thatís what I would say when I
left. I canít say that because maybe I wonít be going home to see my family. But if I
happen to lose the primary, and Iím not planning on it, itíll still be a win because Iíll go
home and be with my family. I figure I win either way on June 4th. Iíll hope for the
best, but Iíll be fine either way it goes.

If I do get elected to Congress, being called Congressman is pretty impressive, but
from the pit of my heart, it will never match being called Mr. Speaker. That is
something that will be with me for forever. Being a Congressman will be fun, but
being Mr. Speaker of the House is something that will always be with me. I thank you
for that. Iíve got a lot of people who gave me quotes that I should say. Beckyís favorite
group is the Doobie Brothers, which I like a lot. Their song, One by One, goes, "So, one
by one, weíre given these moments to live. Just as one by one theyíre taken away. So
one by one, Iím taking each day in my stride. And one by one, the memories stay."
There are a lot of memories out of this place in eighteen years. Somebody over in press
row said, "Youíve got to quote Buffet." They said a good one would be Changes in
Latitude, Changes in Attitude. The song goes, "Oh yesterdays are over my shoulder so
I canít look back for too long. Thereís just too much to see waiting in front of me and I
know that I just canít go wrong." Thatís pretty good, but itís not the one I was going to
use. About a year ago, driving down the road, doing 65, Clel (of course, it was a 45
zone), I was listening to Buffet as I tend to do. I found the one that Iím going to leave
with tonight. Buffet has a song called "He Went to Paris." Itís a pretty good song. Itís
the story of a guyís life and his trials and tribulations. Heís eighty-eight years old

when he dies. I have to take some editorial privilege with it because I have to change it
a little bit to make it fit the situation. Obviously, Iím not 88, but the lines go, "After
Ď18í years of perpetual motion, if he likes you heíll smile then heíll say, Some of it was
magic, Some of it was tragic, but I had a good time all the way."

I had a good time all the way. Itís been a privilege and an honor to serve with you.
God bless. Thank you, Mr. Speaker.

ADOPTION OF HOUSE CONCURRENT RESOLUTION 124

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Concurrent Resolution 124, a
concurrent resolution to provide for adjournment sine die, and moved
its adoption.

1 HOUSE CONCURRENT RESOLUTION 124
2 By Siegrist and Myers
3 A Concurrent Resolution to provide for
4 adjournment sine die.
5 Be It Resolved By The House Of Representatives, The
6 Senate Concurring, That when adjournment is had on
7 Friday, April 12, 2002, it shall be the final
8 adjournment of the 2002 Session of the Seventy-ninth
9 General Assembly.

The motion prevailed and the resolution was adopted.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House Concurrent Resolution 124 be immediately messaged to
the Senate.

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 12, 2002, passed the following bill in which the concurrence of the Senate was
asked:

House File 2623, a bill for an act relating to public funding provisions involving the
compensation and benefits for public officials and employees, county mental health
allowed growth, regulatory and other properly related matters of the state, making and
reducing appropriations, and providing effective dates.

MICHAEL E. MARSHALL, Secretary


EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 11,
2002. Had I been present, I would have voted "aye" on House Files
2191, 2192, 2339, 2515, 2622, Senate File 2259 and "nay" on House
File 2613.

O'BRIEN of Boone

I inadvertently voted "nay" on Senate File 2316. I meant to vote
"aye."

VAN FOSSEN of Scott

BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 12th day of April, 2002: House Files 2378, 2416 and 2554.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on April 12, 2002, he approved and transmitted to the Secretary of
State the following bills:

House File 2193, an act relating to modal transportation including changes in
transit coordination requirements and changes in the aircraft registration process.

House File 2365, an act relating to county recorders, including certain documents
indexed and recorded with the county recorder and a method for issuing certificates of
title for snowmobiles and all-terrain vehicles, and registration certificates for certain
watercraft, for which ownership has not been conclusively established.

House File 2404, an act relating to the amount of additional weighting provided for
limited English proficient students.


House File 2571, an act relating to the establishment of an Iowa cultural trust, an
Iowa cultural trust fund and an Iowa cultural trust grant account, providing for the
issuance of trust fund credits, and providing for related matters.

House File 2582, an act appropriating federal funds made available from federal
block grants and other federal grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than anticipated or if federal
block grants are more or less than anticipated.

Senate File 415, an act relating to the jurisdiction of district associate judges.

Senate File 2279, an act relating to the regulated commercial activities of insurance
and security sales, including rate adjustments for small group coverage, provisions
pertaining to state and county mutual insurance associations, termination dates and
licensed health care providers for emergency medical malpractice insurance,
suspension of an insurer's certificate of authority for delinquency, exceptions to the
right of a notice of intent not to renew, coverage requirements in a medical expense
policy, tort immunity related to viatical settlement contracts, confidentiality of certain
personal information in securities and insurance filings, postponement or suspension of
registration under the blue sky law, reporting related to professional liability
insurance, annual percentage rate used in calculations of the minimum nonforfeiture
amount relating to individual deferred annuities, and providing for a future repeal.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Fifteen FFA students from Boyden-Hull, Central Lyon-Rock
Rapids and George-Little Rock Schools, accompanied by FFA advisors
Dwayne Postma and Jason Van Holland. By Alons of Sioux and
Johnson of Osceola.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2002\1054 Paul VanBeek, Baxter - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\1055 Joshua Meckley, Baxter - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.


2002\1056 Nathan Squire, Baxter - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\1057 Herb Mertz, Walnut - For celebrating his 90th birthday.

RESOLUTION FILED

HR 141, by Klemme, Siegrist, Kuhn, and Myers, a resolution urging
the Department of Natural Resources and the Department of
Agriculture and Land Stewardship to establish a Joint Science
Advisory Committee in order to assist the departments in providing
for effective responses to emerging issues affecting the environment,
agriculture, and public health.

Laid over under Rule 25.

CORRECTION TO THE JOURNAL - SUBCOMMITTEE ASSIGNMENTS

Senate File 2320
(Committee of the Whole)

Ways and Means: Van Fossen, Chair; Boal, Eichhorn, Fallon, Finch, Frevert, Hansen,
Hoffman, Hoversten, Huser, Jochum, Jones, Kuhn, Larkin, Larson, Osterhaus,
Richardson, Shey, Sievers, Shoultz, Sukup, Taylor D., Teig, Tymeson and Winckler.

Senate File 2321
(Committee of the Whole)

Ways and Means: Van Fossen, Chair; Boal, Eichhorn, Fallon, Finch, Frevert, Hansen,
Hoffman, Hoversten, Huser, Jochum, Jones, Kuhn, Larkin, Larson, Osterhaus,
Richardson, Shey, Sievers, Shoultz, Sukup, Taylor D., Teig, Tymeson and Winckler.

The House stood at ease at 10:51 p.m., until the fall of the gavel.

The House resumed session at 11:33 a.m., Metcalf of Polk in the
chair.

VETOED BILLS RETURNED TO THE SECRETARY OF STATE

The following bills were vetoed by Governor Vilsack during the
legislative session and were returned to the Secretary of State:
House Files 43, 103, 341, 561, 608, 670, 694, 714, 2245 and 2264.

MARGARET A. THOMSON
Chief Clerk of the House


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 12, 2002, adopted the conference committee report and passed House File 2191, a
bill for an act relating to notarial acts by judicial officers.

Also: That the Senate has on April 12, 2002, failed to pass the following bill in
which the concurrence of the Senate was asked:

House File 2559, a bill for an act relating to child protection confidentiality
requirements involving the department of human services.

Also: That the Senate has on April 11, 2002, concurred in the House amendment to
the Senate amendment, and passed the following bill in which the concurrence of the
Senate was asked:

House File 2614, a bill for an act relating to and making appropriations to state
departments and agencies from the tobacco settlement trust fund, rebuild Iowa
infrastructure fund, and environment first fund, making related statutory changes,
and providing effective dates.

Also: That the Senate has on April 12, 2002, concurred in the House amendment to
the Senate amendment, and passed the following bill in which the concurrence of the
Senate was asked:

House File 2615, a bill for an act relating to and making appropriations from the
healthy Iowans tobacco trust and the tobacco settlement trust fund, and providing
effective dates.

Also: That the Senate has on April 12, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2308, a bill for an act relating to the utility replacement tax, and
providing for the Act's retroactive applicability.

Also: That the Senate has on April 12, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2316, a bill for an act relating to the sale of certain farmland by Iowa
state university of science and technology, providing for the appropriation and use of
proceeds from the sale, and providing an effective date.

Also: That the Senate has on April 12, 2002, passed the following bill in which the
concurrence of the House is asked:


Senate File 2330, a bill for an act relating to the establishment of a regional transit
district within incorporated cities and unincorporated areas of one or more counties,
and providing for the issuance of general obligation bonds and revenue bonds.

MICHAEL E. MARSHALL, Secretary

FINAL DISPOSITION OF MOTION TO RECONSIDER

Pursuant to House Rule 73.7, the following motion to reconsider
which remained on the House Calendar upon adjournment of the
2002 Regular Session of the Seven-ninth General Assembly will be
considered to have failed:

By Dix of Butler to House File 2217, a bill for an act relating to the
payment of overtime to state employees and the applicability of the
federal Fair Labor Standards Act and proving an effective date, filed
on March 6, 2002. (Bill failed to pass the House on March 6, 2002.)

REPORT OF THE CHIEF CLERK OF THE HOUSE

MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following corrections were made:

House File 2532

1. Page 1, line 3 - Delete period.

2. Page 33, line 32 - Correct the spelling of follows.

3. Page 35, line 26 - Delete paragraph indentation and move sentence up to line
above.

House File 2623

1. Page 53, line 1 - Add an s to position.

MARGARET A. THOMSON
Chief Clerk of the House

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on April 12,
2002. Had I been present, I would have voted "aye" on Senate File
2118 and "nay" on Senate File 2293.

MERTZ of Kossuth

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2002\1058 Pauline Sorensen, Sioux City - For celebrating her 90th birthday.

2002\1059 Doris and Richard Nation, Norwalk - For celebrating their 50th
wedding anniversary.

2002\1060 Dorothy Kading, Indianola - For celebrating her 80th birthday.

2002\1061 George Burns, Indianola - For celebrating his 90th birthday.

2002\1062 North Polk High School Jazz Band, Alleman - For winning 1st place
in the Class 2-A division of the State Jazz Tournament.

2002\1063 Gladys and Frank Strovers, Grinnell - For celebrating their 62nd
wedding anniversary.

2002\1064 Edna Mae Purvis, Deep River - For celebrating her 80th birthday.

2002\1065 Betty Innis, Grinnell - For celebrating her 80th birthday.

2002\1066 Lois Meacham, Grinnell - For celebrating her 80th birthday.

2002\1067 Ruth and Richard Hasselbrink, Grinnell - For celebrating their 50th
wedding anniversary.

2002\1068 Gladys Baltisberger, Malcolm - For celebrating her 85th birthday.

2002\1069 Barbara Howell, Grinnell - For celebrating her 90th birthday.

2002\1070 Ruby and Albert Fudge, Whiting - For celebrating their 70th
wedding anniversary.

2002\1071 Ruby Fudge, Whiting - For celebrating her 90th birthday.

2002\1072 Wardene Overhue, Charter Oak - For celebrating her 80th birthday.

2002\1073 Erna Kastner, Kiron - For celebrating her 90th birthday.

2002\1074 Jackie Ruch, Vail - For celebrating her 90th birthday.

2002\1075 Lila and Norman Petersen, Manilla - For celebrating their 56th
wedding anniversary.


2002\1076 Bertha and Harold Nelson, Sloan - For celebrating their 50th
wedding anniversary.

2002\1077 Alma Frank, Wall Lake - For celebrating her 80th birthday.

2002\1078 Sybil Simpson, Lake View - For celebrating her 80th birthday.

2002\1079 Bonnie and Richard Martin, Sac City - For celebrating their 50th
wedding anniversary.

2002\1080 Al Blatz, Dubuque - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\1081 Rose Ann and Everette Standage, Shenandoah - For celebrating
their 60th wedding anniversary.

2002\1082 Julia Wheeler, Corning - For celebrating her 100th birthday.

2002\1083 Bernice and Milford Collingwood, Williamsburg - For celebrating
their 50th wedding anniversary.

2002\1084 Arthur W. De Boef, New Sharon - For celebrating his 87th birthday.

2002\1085 Lola and Keith Nelson, Ollie - For celebrating their 50th wedding
anniversary.

2002\1086 Bessie Ruggles, Keswick - For celebrating her 88th birthday.

2002\1087 Martha and William DeBoef, Pella - For celebrating their 60th
wedding anniversary.

2002\1088 Lois and Ralph Hoksbergen, Oskaloosa - For celebrating their 50th
wedding anniversary.

2002\1089 Alvina Eischeid, Bayard - For celebrating her 85th birthday.

2002\1090 Lucille Myers, Bagley - For celebrating her 90th birthday.

2002\1091 Louis Baumgartner, Strawberry Point - For celebrating his 90th
birthday.

2002\1092 Ray Koth, Garnavillo - For celebrating his 85th birthday.

2002\1093 Ilo Glawe, Strawberry Point - For being named Woman of the Year
for 2002, by the Clayton County Farm Bureau.

2002\1094 Therese and Bill Diamond, Sioux City - For celebrating their 50th
wedding anniversary.

2002\1095 Doris and Robert Mohan, Sioux City - For celebrating their 50th
wedding anniversary.


2002\1096 Laramie Eichelberger, Avoca - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2002\1097 David Gress, Avoca - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\1098 Aaron Jensen, Shelby - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\1099 George Aden, Manson - For celebrating his 93rd birthday.

2002\1100 Dustin Thompson, Pomeroy - For being named to the Second Team
in the Class 1-A Division of the Boys' State Basketball Tournament.

2002\1101 Sarah Carlson, Stratford - For being named a State of Iowa Scholar.

COMMITTEE TO NOTIFY THE GOVERNOR

Rants of Woodbury moved that a committee of two be appointed to
notify the Governor that that House was ready to adjourn in
accordance with House Concurrent Resolution 124, duly adopted.

The motion prevailed and the Speaker appointed as such
committee Finch of Story and Myers of Johnson.

COMMITTEE TO NOTIFY THE SENATE

Rants of Woodbury moved that a committee of two be appointed to
notify the Senate that the House was ready to adjourn in accordance
with House Concurrent Resolution 124, duly adopted.

The motion prevailed and the Speaker appointed as such
committee Tymeson of Madison and Petersen of Polk.

COMMITTEE FROM THE SENATE

The committee from the Senate appeared and notified the House
that the Senate was ready to adjourn.

REPORT OF THE COMMITTEE TO NOTIFY THE SENATE

The committee appointed to notify the Senate that the House was
ready to adjourn returned and reported it had performed its duty.

REPORT OF THE COMMITTEE TO NOTIFY THE GOVERNOR

The committee appointed to notify the Governor that the House
was ready to adjourn returned and reported it had performed its
duty.

FINAL ADJOURNMENT

By virtue of House Concurrent Resolution 124, duly adopted, the
day of April 12, 2002 having arrived, the Speaker of the House of
Representative declared the 2002 Regular Session of the Seventy-
ninth General Assembly adjourned sine die.


Previous Day: Thursday, April 11Next Day: Monday, April 22
Senate Journal: Index House Journal: Index
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© 2002 Cornell College and League of Women Voters of Iowa


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