Iowa General Assembly
Daily Bills, Amendments & Study Bills
April 17, 2007
H-1745
House Amendment 1745
PAG LIN
1 1 Amend Senate File 430, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 1, by striking lines 2 and 3 and
1 4 inserting the following:
1 5 <This chapter shall be cited as the "Recognition
1 6 and Enforcement of Tribal Court Civil Judgments Act".>
1 7 #2. Page 1, line 14, by inserting after the word
1 8 <chapter.> the following: <For purposes of this
1 9 subsection, a "tribal court of record" is considered a
1 10 court of record if the court maintains a permanent
1 11 record of the tribal court's proceedings, maintains
1 12 either a transcript or electronic record of the tribal
1 13 court's proceedings, and provides that a final
1 14 judgment of a tribal court is reviewable on appeal.>
1 15 #3. Page 2, by striking line 3 and inserting the
1 16 following:
1 17 <Sec. 5. NEW SECTION. 626D.5 RECOGNITION AND
1 18 ENFORCEMENT OF>.
1 19 #4. Page 2, line 6, by striking the words <granted
1 20 full faith and credit> and inserting the following:
1 21 <recognized and enforced>.
1 22 #5. Page 2, by striking lines 13 and 14 and
1 23 inserting the following:
1 24 <3. A tribal judgment shall not be recognized and
1 25 enforced if the objecting party demonstrates by a
1 26 preponderance>.
1 27 #6. Page 2, by striking lines 18 through 22 and
1 28 inserting the following:
1 29 <b. A party was not afforded due process.
1 30 4. The court may recognize and enforce or decline
1 31 to recognize and enforce a tribal judgment on
1 32 equitable grounds for any of the following reasons:>
1 33 #7. Page 2, by striking lines 26 through 33 and
1 34 inserting the following:
1 35 <c. The tribal judgment is inconsistent with the
1 36 parties' contractual choice of forum provided the
1 37 contractual choice of forum issue was timely raised in
1 38 the tribal court.
1 39 d. The tribal court does not recognize and enforce
1 40 judgments of the courts of this state under standards
1 41 similar to those provided in this chapter.>
1 42 #8. Page 3, by striking lines 15 and 16 and
1 43 inserting the following:
1 44 <This chapter shall govern the procedures for the
1 45 recognition and enforcement by the courts of this
1 46 state of a civil>.
1 47 #9. Page 3, by striking line 20 and inserting the
1 48 following: <Act. The date that a cause of action
1 49 accrues shall be determined under the appropriate laws
1 50 of this state. This chapter does not impair the right
House Amendment 1745 continued
2 1 of a>.
2 2 #10. By renumbering as necessary.
2 3
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2 6 SWAIM of Davis
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2 10 STRUYK of Pottawattamie
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2 14 ANDERSON of Page
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2 18 WENDT of Woodbury
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2 20
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2 22 SCHUELLER of Jackson
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2 26 PALMER of Mahaska
2 27
2 28
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2 30 R. OLSON of Polk
2 31
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2 34 OLDSON of Polk
2 35
2 36
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2 38 T. OLSON of Linn
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2 40
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2 42 HUSER of Polk
2 43
2 44
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2 46 PAULSEN of Linn
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2 48
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2 50 STAED of Linn
House Amendment 1745 continued
3 1 SF 430.707 82
3 2 rh/gg/8792
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H-1746
House Amendment 1746
PAG LIN
1 1 Amend the amendment, H=1745, to Senate File 430, as
1 2 amended, passed, and reprinted by the Senate, as
1 3 follows:
1 4 #1. Page 1, by inserting after line 2, the
1 5 following:
1 6 <# . Page 1, by inserting before line 1 the
1 7 following:
1 8 <Section 1. Section 624.24, Code 2007, is amended
1 9 to read as follows:
1 10 624.24 WHEN JUDGMENT LIEN ATTACHES.
1 11 When the real estate lies in the county wherein the
1 12 judgment of the district court of this state or of the
1 13 circuit or district courts of the United States was
1 14 entered in the judgment docket and lien index kept by
1 15 the clerk of the court having jurisdiction, the lien
1 16 shall attach from the date of such entry of judgment,
1 17 but if in another it will not attach until an attested
1 18 copy of the judgment is filed in the office of the
1 19 clerk of the district court of the county in which the
1 20 real estate lies except for foreign judgments pursuant
1 21 to chapters 626A and 626B and tribal judgments as
1 22 defined in section 626D.2, which shall not attach
1 23 until an appeal is concluded, the time for the appeal
1 24 has expired, or the stay of execution has expired or
1 25 was vacated pursuant to section 626A.4, 626B.3,
1 26 626B.5, or 626D.7. In such cases, the lien shall
1 27 attach on the date the clerk of court files an
1 28 attested copy of the judgment in the office of the
1 29 clerk of the district court of the county in which the
1 30 real estate lies in any of the following
1 31 circumstances:
1 32 1. The foreign or tribal judgment has not been
1 33 appealed and the time for filing an appeal has
1 34 expired.
1 35 2. The foreign or tribal judgment has been
1 36 appealed and the judgment has been affirmed on appeal
1 37 and is not subject to further appeal.
1 38 3. An appeal from a foreign or tribal judgment has
1 39 been filed and a stay from such judgment has not been
1 40 granted by the district court to the appealing party.
1 41 Sec. . Section 626A.3, Code 2007, is amended by
1 42 adding the following new subsection:
1 43 NEW SUBSECTION. 4. The filing of a foreign
1 44 judgment under this chapter shall not create a lien
1 45 upon any real estate until after the expiration of the
1 46 time provided for in this chapter for challenging the
1 47 validity of the foreign judgment and pursuant to
1 48 section 624.24.
1 49 Sec. . Section 626B.6, Code 2007, is amended to
1 50 read as follows:
House Amendment 1746 continued
2 1 626B.6 OTHER FOREIGN JUDGMENTS.
2 2 1. This chapter does not prevent the recognition
2 3 of a foreign judgment by a court of this state in a
2 4 situation not specifically covered in this chapter.
2 5 2. The filing of a foreign judgment shall not
2 6 create a lien upon any real estate until all
2 7 challenges, if any, to the validity of the foreign
2 8 judgment are concluded pursuant to section 626B.3.
2 9 Upon final determination of the validity of the
2 10 foreign judgment, such judgment shall constitute a
2 11 lien on real estate pursuant to section 624.24.
2 12 #2. Page 1, by inserting after line 14 the
2 13 following:
2 14 <# . Page 1, by inserting after line 30 the
2 15 following:
2 16 <3. The filing of a tribal judgment shall not
2 17 create a lien upon any real estate until such time as
2 18 all challenges, if any, to the validity of the tribal
2 19 judgment are concluded pursuant to sections 626D.4 and
2 20 626D.5. Upon final determination of the validity of
2 21 the tribal judgment, the judgment shall constitute a
2 22 lien upon real estate pursuant to section 624.24.>
2 23 #3. By renumbering as necessary.
2 24
2 25
2 26
2 27 SWAIM of Davis
2 28
2 29
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2 31 STRUYK of Pottawattamie
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2 35 ANDERSON of Page
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2 37
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2 39 WENDT of Woodbury
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2 41
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2 43 SCHUELLER of Jackson
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2 45
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2 47 PALMER of Mahaska
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2 50
House Amendment 1746 continued
3 1 R. OLSON of Polk
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3 5 OLDSON of Polk
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3 9 T. OLSON of Linn
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3 13 HUSER of Polk
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3 17 PAULSEN of Linn
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3 21 STAED of Linn
3 22 SF 430.505 82
3 23 rh/je/9154
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H-1747
House Amendment 1747
PAG LIN
1 1 Amend Senate File 562, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 15, by inserting after line 6 the
1 4 following:
1 5 <Sec. . Section 15G.110, Code 2007, is amended
1 6 to read as follows:
1 7 15G.110 APPROPRIATION.
1 8 For the fiscal period beginning July 1, 2005, and
1 9 ending June 30, 20152007, there is appropriated to
1 10 the department of economic development each fiscal
1 11 year fifty million dollars from the general fund of
1 12 the state for deposit in the grow Iowa values fund.
1 13 For the fiscal period beginning July 1, 2007, and
1 14 ending June 30, 2015, there is appropriated to the
1 15 department of economic development each fiscal year
1 16 seventy=five million dollars from the general fund of
1 17 the state for deposit in the grow Iowa values fund.
1 18 Sec. . Section 15G.111, Code 2007, is amended
1 19 by adding the following new subsection:
1 20 NEW SUBSECTION. 7A. For the fiscal period
1 21 beginning July 1, 2007, and ending June 30, 2015,
1 22 there is appropriated each fiscal year from the grow
1 23 Iowa values fund created in section 15G.108 to the
1 24 department of economic development twenty=five million
1 25 dollars for deposit in the Iowa power fund, if enacted
1 26 to be used by the office of energy independence, if
1 27 enacted. Moneys appropriated under this subsection
1 28 shall be used to further the goals of increasing the
1 29 development, production, and use of biofuels and other
1 30 sources of renewable energy, improve energy
1 31 efficiency, and shall encourage and provide for
1 32 research, development, commercialization, and the
1 33 implementation of energy technologies and practices.
1 34 The technologies and practices should reduce this
1 35 state's dependence on foreign sources of energy and
1 36 finite fossil fuels, and other environmental impacts,
1 37 and meet the demand for energy services in an
1 38 economically viable manner. The research,
1 39 development, commercialization, implementation, and
1 40 distribution of such technologies and practices are
1 41 intended to sustain the environment and develop
1 42 business in this state as Iowans market these
1 43 technologies and practices to the world.>
1 44 #2. By renumbering as necessary.
1 45
1 46
1 47
1 48 WATTS of Dallas
1 49 SF 562.506 82
1 50 tm/je/9617
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H-1748
House Amendment 1748
PAG LIN
1 1 Amend the amendment, H=1598, to Senate File 554, as
1 2 amended, passed, and reprinted by the Senate, as
1 3 follows:
1 4 #1. Page 3, line 20, by inserting after the words
1 5 <as of> the following: <or at anytime prior to>.
1 6 #2. Page 3, line 26, by inserting after the word
1 7 <provider,> the following: <or if an incumbent cable
1 8 provider applies for a certificate of franchise
1 9 authority pursuant to section 477A.2, subsection 6,>.
1 10
1 11
1 12
1 13 KRESSIG of Black Hawk
1 14 SF 554.306 82
1 15 rn/es/9362
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H-1749
House Amendment 1749
PAG LIN
1 1 Amend Senate File 430, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 3, by inserting after line 22 the
1 4 following:
1 5 <Sec. . EFFECTIVE DATE. This Act takes effect
1 6 July 1, 2009.>
1 7 #2. Title page, line 2, by inserting after the
1 8 word <an> the following: <effective date and>.
1 9
1 10
1 11
1 12 HORBACH of Tama
1 13 SF 430.207 82
1 14 rh/es/9158
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H-1750
House Amendment 1750
PAG LIN
1 1 Amend Senate File 562, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 12, line 12, by inserting after the word
1 4 <allocate> the following: <at least seven full=time
1 5 equivalent positions and>.
1 6 #2. Page 12, by striking lines 13 and 14 and
1 7 inserting the following: <administrative law judges
1 8 for workers' compensation cases.>
1 9
1 10
1 11
1 12 STRUYK of Pottawattamie
1 13
1 14
1 15
1 16 HEATON of Henry
1 17 SF 562.505 82
1 18 tm/je/9612
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H-1751
House Amendment 1751
PAG LIN
1 1 Amend Senate File 562, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 17, by inserting after line 7 the
1 4 following:
1 5 <Sec. . 2007 Iowa Acts, Senate File 403,
1 6 section 34, if enacted, is repealed.
1 7 Sec. . EFFECTIVE DATE. The section of this Act
1 8 repealing 2007 Iowa Acts, Senate File 403, section 34,
1 9 if enacted, being deemed of immediate importance,
1 10 takes effect upon enactment.>
1 11 #2. By renumbering as necessary.
1 12
1 13
1 14
1 15 RANTS of Woodbury
1 16 SF 562.507 82
1 17 tm/je/9618
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H-1752
House Amendment 1752
PAG LIN
1 1 Amend Senate File 562, as amended, passed, and
1 2 reprinted by the Senate, as follows:
1 3 #1. Page 15, by inserting after line 6 the
1 4 following:
1 5 <Sec. 500. Section 422.7, Code 2007, is amended by
1 6 adding the following new subsection:
1 7 NEW SUBSECTION. 50. Subtract the capital gain
1 8 from the following:
1 9 a. The sale of an equity investment in a business
1 10 if all of the following requirements are met:
1 11 (1) The equity investment is held for a period of
1 12 thirty=six months or more from the date of
1 13 acquisition.
1 14 (2) A credit is not claimed on the investment
1 15 under section 15E.66, 422.11F, or 422.11G.
1 16 (3) The deduction under this paragraph "a" is in
1 17 lieu of any deduction under section 1202 of the
1 18 Internal Revenue Code.
1 19 b. If the adjusted gross income computed for
1 20 federal income tax purposes includes income or loss
1 21 from a business operated by the taxpayer, the sale of
1 22 a building, land, or machinery and equipment used in
1 23 the operation of the business if the building, land,
1 24 or machinery and equipment are held for a period of
1 25 thirty=six months or more from the date of
1 26 acquisition.
1 27 An individual may claim the capital gain deduction
1 28 of a partnership, S corporation, limited liability
1 29 company, estate, or trust electing to have the income
1 30 taxed directly to the individual. The amount claimed
1 31 by the individual shall be based upon the pro rata
1 32 share of the individual's earnings of a partnership, S
1 33 corporation, limited liability company, estate, or
1 34 trust.
1 35 Sec. 501. Section 422.35, Code 2007, is amended by
1 36 adding the following new subsection:
1 37 NEW SUBSECTION. 23. Subtract the capital gain
1 38 from the following:
1 39 a. The sale of an equity investment in a business
1 40 if all of the following requirements are met:
1 41 (1) The equity investment is held for a period of
1 42 thirty=six months or more from the date of
1 43 acquisition.
1 44 (2) A credit is not claimed on the investment
1 45 under section 15E.66 or section 422.33, subsection 12
1 46 or 13.
1 47 b. The sale of a building, land, or machinery and
1 48 equipment used in the operation of the business if the
1 49 building, land, or machinery and equipment are held
1 50 for a period of thirty=six months or more from the
House Amendment 1752 continued
2 1 date of acquisition.>
2 2 #2. Page 17, by inserting after line 7 the
2 3 following:
2 4 <Sec. . APPLICABILITY DATE. Sections 500 and
2 5 501 of this Act apply retroactively to capital
2 6 investments made in or by businesses on or after
2 7 January 1, 2007, for tax years ending after that
2 8 date.>
2 9 #3. Title page, line 5, by inserting after the
2 10 word <matters> the following: <and including a
2 11 retroactive applicability date provision>.
2 12 #4. By renumbering as necessary.
2 13
2 14
2 15 ALONS of Sioux
2 16
2 17
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2 19 BAUDLER of Adair
2 20
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2 23 CHAMBERS of O'Brien
2 24
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2 27 DE BOEF of Keokuk
2 28
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2 31 DRAKE of Pottawattamie
2 32
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2 35 FORRISTALL of Pottawattamie
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2 39 HUSEMAN of Cherokee
2 40
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2 43 MAY of Dickinson
2 44
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2 47 ROBERTS of Carroll
2 48
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2 50
House Amendment 1752 continued
3 1 VAN FOSSEN of Scott
3 2
3 3
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3 5 WATTS of Dallas
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3 9 WORTHAN of Buena Vista
3 10 SF 562.205 82
3 11 tm/es/9609
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H-1753
House Amendment 1753
PAG LIN
1 1 Amend House File 792 as follows:
1 2 #1. Page 9, by striking lines 2 through 32 and
1 3 inserting the following:
1 4 <Sec. . Section 455G.9, subsection 1, paragraph
1 5 k, Code 2007, is amended by striking the paragraph and
1 6 inserting in lieu thereof the following:
1 7 k. Pursuant to an agreement between the board and
1 8 the department of natural resources, assessment and
1 9 corrective action arising out of releases at sites for
1 10 which a no further action certificate has been issued
1 11 pursuant to section 455B.474, when the department
1 12 determines that an unreasonable risk to public health
1 13 and safety may still exist. At a minimum, the
1 14 agreement shall address eligible costs, contracting
1 15 for services, and conditions under which sites may be
1 16 reevaluated.>
1 17 #2. Page 10, by striking lines 4 through 6 and
1 18 inserting the following: <to the closure activities.>
1 19 #3. By renumbering as necessary.
1 20
1 21
1 22
1 23 H. MILLER of Webster
1 24 HF 792.501 82
1 25 tm/je/9619
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H-1754
House Amendment 1754
PAG LIN
1 1 Amend Senate File 212, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 <Section 1. Section 331.606A, Code 2007, is
1 6 amended by striking the section and inserting in lieu
1 7 thereof the following:
1 8 331.606A DOCUMENT CONTENT == PERSONALLY
1 9 IDENTIFIABLE INFORMATION.
1 10 1. DEFINITIONS.
1 11 a. "Personally identifiable information" means one
1 12 or more of the following specific unique identifiers
1 13 when combined with an individual's name:
1 14 (1) Social security number.
1 15 (2) Checking, savings, or share account number,
1 16 credit, debit, or charge card number.
1 17 b. "Preparer" means the person or entity who
1 18 creates, drafts, edits, revises, or last changes the
1 19 documents that are recorded with the recorder.
1 20 c. "Redact" or "redaction" means the process of
1 21 removing personally identifiable information from
1 22 documents.
1 23 2. INCLUSION OF PERSONALLY IDENTIFIABLE
1 24 INFORMATION. The preparer of a document shall not
1 25 include an individual's personally identifiable
1 26 information in a document that is prepared and
1 27 presented for recording in the office of the recorder.
1 28 This subsection shall not apply to documents that were
1 29 executed by an individual prior to July 1, 2007.
1 30 Unless provided otherwise by law, all documents
1 31 described by this section are subject to inspection
1 32 and copying by the public.
1 33 3. REDACTION ON A RECORDER'S INTERNET WEBSITE. If
1 34 a document that includes an individual's personally
1 35 identifiable information was recorded with the
1 36 recorder and is available on the recorder's internet
1 37 website, the individual may request that the recorder
1 38 redact such information from the website. The
1 39 recorder shall establish a procedure by which
1 40 individuals may request that such personally
1 41 identifiable information be redacted from the internet
1 42 record available on the recorder's internet website,
1 43 at no fee to the requesting individual. The recorder
1 44 shall comply with an individual's request to redact
1 45 personally identifiable information.
1 46 4. LIABILITY OF PREPARER. A preparer who, in
1 47 violation of subsection 2, enters personally
1 48 identifiable information in a document that is
1 49 prepared and presented for recording is liable to the
1 50 individual whose personally identifiable information
House Amendment 1754 continued
2 1 appears in the recorded public document for actual
2 2 damages of up to five hundred dollars for each act of
2 3 recording.
2 4 5. APPLICABILITY. This section shall not apply to
2 5 a preparer of a state or federal tax lien, a military
2 6 separation or discharge record, or a death certificate
2 7 that is prepared for recording in the office of county
2 8 recorder. If a military separation or discharge
2 9 record or a death certificate is recorded in the
2 10 office of the county recorder, the military separation
2 11 or discharge record or the death certificate shall not
2 12 be accessible through the internet.>
2 13 #2. Title page, by striking lines 1 and 2 and
2 14 inserting the following: <An Act relating to county
2 15 offices, by protecting certain identity information
2 16 contained in documents recorded with the county
2 17 recorder and by increasing salary limits for certain
2 18 deputy officers and providing an applicability date.>
2 19 #3. By renumbering as necessary.
2 20
2 21
2 22
2 23 LYKAM of Scott
2 24 SF 212.201 82
2 25 eg/es/9018
-1-
H-1755
House Amendment 1755
PAG LIN
1 1 Amend the amendment, H=1603, to Senate File 485, as
1 2 passed by the Senate, as follows:
1 3 #1. Page 2, line 5, by striking the word
1 4 <eighteen> and inserting the following:
1 5 <twenty=three>.
1 6 #2. Page 2, by inserting after line 36 the
1 7 following:
1 8 <(19) The department of agronomy at Iowa state
1 9 university of science and technology.
1 10 (20) Four members of the general public.>
1 11 #3. Page 3, line 14, by inserting after the word
1 12 <strategies,> the following: <including the
1 13 cost=effectiveness of the strategies,>.
1 14 #4. Page 3, line 20, by inserting after the word
1 15 <emissions> the following: <and shall consider the
1 16 cost=effectiveness of the scenarios>.
1 17
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1 20 D. OLSON of Boone
1 21
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1 24 MERTZ of Kossuth
1 25 SF 485.208 82
1 26 tm/es/9620
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H-1756
House Amendment 1756
PAG LIN
1 1 Amend House File 907 as follows:
1 2 #1. Page 7, by inserting after line 16 the
1 3 following:
1 4 <4. To the department for the blind:
1 5 ...... $ 130,000
1 6 To plan, establish, administer, and promote a
1 7 statewide program to provide audio news and
1 8 information services to blind or visually impaired
1 9 persons residing in this state as provided pursuant to
1 10 section 216B.3, subsection 18.>
1 11 #2. Page 8, line 30, by striking the figure
1 12 <9,100,000> and inserting the following: <9,230,000>.
1 13 #3. By renumbering as necessary.
1 14
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1 17 RAECKER of Polk
1 18 HF 907.201 82
1 19 pf/es/9291
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H-1757
House Amendment 1757
PAG LIN
1 1 Amend House File 773, as passed by the House, as
1 2 follows:
1 3 #1. Page 1, line 27, by inserting after the word
1 4 <designations.> the following: <If more than one
1 5 designation is awarded annually, the criteria shall
1 6 include a requirement that the department award the
1 7 designations to cities of varying populations.>
1 8 HF 773.S
1 9 rn/cc/26
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