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THIRD CALENDAR DAY
THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, January 10, 1996
The Senate met in regular session at 9:19 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Ronald Bouwkamp, pastor of the
Peoria Christian Reformed Church, Pella, Iowa.
The Journal of Tuesday, January 9, 1996, was approved.
COMMITTEE FROM THE HOUSE
A committee from the House appeared and announced that the House
was ready to receive the Senate in joint convention.
In accordance with House Concurrent Resolution 102, duly adopted,
the Senate proceeded to the House under the direction of the Secretary
of the Senate and the Sergeant-at-arms.
JOINT CONVENTION
In accordance with law and House Concurrent Resolution 102, duly
adopted, the joint convention was called to order at 9:30 a.m.,
President Boswell presiding.
Senator Horn moved that the roll call be dispensed with and that
the President of the joint convention be authorized to declare a quorum
present, which motion prevailed by a voice vote.
President Boswell declared a quorum present and the joint
convention duly organized.
Senator Horn moved that a committee of six, three members from the
Senate and three members from the House, be appointed to escort
Lieutenant Governor Joy Corning to the Condition of the Iowa Judiciary
Message.
The motion prevailed by a voice vote and the Chair announced the
appointment of Senators Dvorsky, Dearden and McKean on the part of the
Senate, and Representatives Bradley, Grundberg and Nelson of
Pottawattamie on the part of the House.
Senator Horn moved that a committee of six, three members from the
Senate and three members from the House, be appointed to notify the
Honorable Arthur A. McGiverin, Chief Justice of the Iowa Supreme Court,
that the joint convention was ready to receive him.
The motion prevailed by a voice vote and the Chair appointed as
such committee Senators Giannetto, Gettings and Redfern on the part of
the Senate, and Representatives Dinkla, Millage and Moreland on the part
of the House.
The following guests were escorted into the House Chamber:
Secretary of State, Paul Pate; Secretary of Agriculture, Dale
Cochran; State Auditor, Richard Johnson; and Attorney General, Tom
Miller.
Mrs. Joan McGiverin, wife of the Chief Justice; and Ed and Joan
McGiverin, Chief Justice McGiverins cousin and his wife, were escorted
into the House Chamber.
The Justices of the Supreme Court, the Judges of the Court of
Appeals, and the Chief Judges of the States judicial districts were
escorted into the House chamber.
The committee appointed waited upon Lieutenant Governor Joy Corning
and escorted her to the speakers station.
The committee appointed waited upon Chief Justice McGiverin and
escorted him to the speakers station.
President Boswell then presented Chief Justice McGiverin who
delivered the following Condition of the Iowa Judiciary Message:
Mr. President, Mr. Speaker, Governor, membaers of the General
Assembly, state officials, judicial colleagues, and friends:
Thank you for the kind invitation to appear before you today.
Its a privilege to visit with you each year about the condition of
Iowas courts. This address is an opportunity for me to review with you
the significant activities of our courts, to evaluate whether were
meeting our citizens needs for justice, and to recommend improvements as
necessary. I hope this review helps you with some of the tough decisions
youll face in the months to come.
Providing Iowans with a fair, effective and efficient court system
is a mission we share with you. Our roles may be different, but our
goals are not. The strength of Iowas justice system depends, in large
part, on the strength of our partnership. And we, in the judiciary,
recognize the importance of communication in maintaining a good
partnership.
We understand the cost of poor communication, as did former FBI
director, J. Edgar Hoover. He learned that even the simplest message,
when not clearly communicated, can have a major impact. Years ago in an
effort to cut costs, the FBI reduced the size of memo paper. One of the
new memo sheets ended up on J. Edgar Hoovers desk. He disliked it
immediately and wrote on the narrow margin, watch the borders.
His message was misinterpreted. For the next six weeks, it was
extremely difficult to enter the United States by road from either
Mexico or Canada!
Ill try to be clear.
Although the news this year is not uniformly good, I hope you will
conclude, as I have, that much of it is encouraging.
First, Id like to focus on some of our achievements. It is always a
pleasure to report on progress.
Were certainly encouraged by progress in the collection of fines
and fees, a matter in which we all are vitally interested. Id like to
tell you in some detail what were doing.
Everyone if offended when some scofflaws are allowed to accumulate
substantial unpaid fines.
Respect for court orders is on the line. Inconsistent enforcement
of court orders calls into question the authority and effectiveness of
the courts. A fine is a sentence. Its enforcement should be pursued
diligently--as diligently as an enforcement of a jail sentence. The
greatest impact on fine enforcement is made at the front-end of the
process--the time when a sentence is imposed.
We have set in motion a host of changes to improve the fine
collection record of the courts. Many magistrates and judges are taking
a tougher attitude. For example, in Linn County, Magistrate Pamela Lewis
tells defendants appearing before her that they are expected to pay
their fine that day. And she goes one step further. With the aid of a
computer linked to the clerk of court office, she checks to see if they
have unpaid fines from previous sentences. If they do, they are told to
pay those, also.
Across the state, all of our judicial districts have stepped up
their fine and collection programs. Many judges are following the
methods successfully used by the district associate judges in Scott
County. In that program, the payment of fines, fees and restitution is
made a condition of unsupervised probation in serious and aggravated
misdemeanor cases. At sentencing, defendants are told that they must
appear before the court on a date set in the future. The purpose of the
court date is to determine if the conditions of probation have been met.
Willful failure to comply with the terms of the unsupervised probation
can result in a finding of contempt of court and jail time.
A special team effort is in place in Sac County. Magistrates Warren
Bush and Joseph Heidenreich and the clerk of court, Mary Jo Herrig, and
her staff are working together to collect unpaid fines. Defendants are
sent a notice reminding them of their unpaid fines and fees. They are
also informed that if the amount is not paid by a certain date they must
appear for a contempt of court hearing. Due to this extra effort, the
Sac County court has collected over $22,000 in three months.
Weve also achieved remarkable success with the aid of our computer
system in the counties that have it.
Weve collected over one million dollars from income tax refund
offsets since 1994. Our computer system helped make this possible. It
allows us to electronically send to the Department of Revenue and
Finance lists of people who have unpaid fines. As we expand our computer
system into more counties, the scope of this program will increase.
This year we start using the central collection unit of the
Department of Revenue and Finance to collect unpaid fines. Our computer
system is crucial to this operation. When fines are not paid for sixty
days, well send the information to the central collection unit by
computer. The central collection unit will then work on the case. Theyll
make phone calls, send notices, and take any further action necessary to
enforce payment.
In fiscal year 1995, our courts collected over $54 million.
Currently our receipts are up 6% over last year. At this rate, there
will be some enhanced court collection funds available to use for
expanding our computer system. Expanding our computer system is one of
our budget recommendations for you. However, we plan to apply most of
the enhanced court collection funds to offset our budget request for the
computer system. Well work with you on the details.
Were proud of the extra efforts our judges and staff are making to
enforce fines. However, its not our intent to force people to pay fines
in cases of poverty. But we have no intention of taking second place in
a line of consumer choices. There is a difference between poverty and
simply preferring to pay for cable T.V. Those who are convicted of
committing crimes must expect to make some sacrifices as a consequence.
This is what fines are all about.
We have other examples of our commitment to effective fine
enforcement. However, now its time for a dose of reality so the visions
of dollar signs dont cloud our collective good judgment. The types of
procedures I mentioned earlier add to the already heavy workload of our
courts. They take time away from other priorities. Furthermore, it would
not be cost effective to spend our valuable resources on cases in which
the cost of collecting a fine far exceeds the fine itself. And finally,
there are some people who, no matter what steps are taken, just cannot
be made to pay off their debt. Im talking about transients; people who,
for whatever reasons, dont have any money; and people serving time in
prison. For all these reasons, we must not view the annual tally of
unpaid fines and fees as an unlimited vein of revenue just waiting to be
mined.
There is another area in which weve also made positive strides. Im
pleased to report our progress in responding to the recommendations of
our Domestic Abuse Task Force. Under the leadership of many judges, and
with the help of Jennifer Juhler, our domestic abuse intervention
coordinator, local community domestic abuse coalitions have been created
around the state. The purpose of the coalitions is to promote a
community response to the problem of domestic abuse. We have also
sponsored domestic abuse round table discussions in all of our judicial
districts. Weve been working closely with the Department of Public
Safety to create a statewide domestic abuse registry. The registry will
provide law enforcement officers around the state with the most current
information on protective orders.
Were making other substantial advances with the help of technology.
Our court computer system, the Iowa Court Information System or
ICIS, is making us more efficient and effective. It also serves the
needs of and assists other government departments. For example:
Were sending criminal disposition data to the Department of Public
Safety and the Department of Corrections through our network.
In a few months, well be linked by computer with the Department of
Transportation so it can get traffic and criminal case information from
the courts electronically.
And weve developed a new program to assist county treasurers to
stop the renewal of vehicle registration of persons who have unpaid
fines.
Technology also can help relieve the record storage problems of
county courthouses. Most of Iowas courthouses are bursting at the seams
with old records. Records are stacked from floor to ceiling, piled in
attics and basements, and crammed in garages and storage buildings.
Counties are simply running out of space. Records stored in poor
conditions are deteriorating quickly. Imaging technology may be one
solution to this problem. We decided to find out.
Last March, the Sac County clerks office, with the help of many
volunteers, started purging court files. Purging means removing from a
file, and destroying, records which have no legal value. Once this was
finished, the files were ready to be reproduced. A document imaging
company was hired to reproduce the records. Each document was placed,
one at a time, through a scanner. An exact reproduction was
automatically stored on a compact disc. The discs look like those sold
in music stores. The results of this six-month project are astonishing!
Fifty years of court records that filled 65 file drawers are now stored
on 11 four-inch C.D.s.
Technology can also help us manage the flood of criminal cases.
Often in some of our high-volume courts, the system is so clogged that
judges have little choice but to make decisions about criminal
defendants based upon incomplete information. Polk County district
associate court is developing an automated case management system to
solve this problem. This system will serve as a prototype for courts
around the state. This system will link, by computer, judges, the county
attorneys office, the jail, the public defenders office, the department
of correctional services, and the clerks office. Once this is ready,
everyone on the network will have instant access to information about
criminal defendants. Thats the way it ought to be.
I wholeheartedly support further use of technology! My technology
of comfort is a sharp, number two, Ticonderoga pencil. Its
user-friendly, low maintenance, and its not smarter than I am. But times
are changing and we all must change with it.
Im delighted to note that a majority of Iowans favor the use of
technology in the courts. In response to a new survey conducted for our
Commission on Planning for the 21st Century, a majority polled thought
that increasing the use of computer and communications technology in
court operations is a good idea.
Today, weve set up a court technology exhibit in the hall outside
our courtroom downstairs to showcase some of our innovative programs.
Please come down after these remarks, join us for coffee, and look
through our display.
Were making significant progress in the area of planning for the
future. As that wise baseball sage, Yogi Berra, pointed out, The future
isnt what is used to be.
We are eagerly awaiting the report of our Planning Commission,
which is chaired by Justice Linda Neuman. Never before have the Iowa
courts conducted a comprehensive, long-range planning effort of this
magnitude. Since last May, 60 hardworking Iowans from all walks of life
have devoted substantial time to this project. They have been closely
examining our court system and studying changes which will help us meet
the needs of Iowans in the 21st Century. Thank you in advance for the
financial support your leadership has pledged for this study.
The Planning Commission is scheduled to complete its work and
report to the Supreme Court by June. A year from now, we hope to provide
you with a full complement of legislative proposals which will help
prepare our courts for the future. I am confident that together we can
shape a justice system that will continue, even in the face of
tremendous changes in society, to administer the highest levels of
justice.
Now, Id like to journey back a bit.
Last year in my State of the Judiciary message, I reported that the
courts were struggling under the weight of a crushing caseload. Case
filings in all categories were at record levels. I talked with you about
our most troubling cases, juvenile, domestic abuse and criminal, which
were consuming most of our court resources. We faced the strong
possibility that all of our resources would eventually be used for
criminal matters at the expense of civil cases. More resources,
particularly more judges, were needed to help us confront this crisis.
Thank you, for your generous response. The additional resources you
provided, although not our full request, have somewhat eased the
pressure.
It would be easy for us to respond to this help by leaning back,
and breathing a sigh of relief. But that would be a mistake because the
problems I described last year are still very much with us.
Keeping up with the rising tide of cases remains our biggest
challenge. More than one-half million cases, not including simple
traffic violations, were filed last year in this state. Thats more than
one case every minute. In other words, during the time that Im visiting
with you this morning, thirty new cases will be filed.
Criminal, domestic abuse and juvenile cases continue to crowd our
dockets and consume our time the most.
Please listen to the growth last year in the number of these cases:
Indictable criminal cases, the most serious crimes, jumped 10%.
Simple misdemeanor cases, a category in which we always see
high-volume, increased 13%.
Juvenile cases grew 6%.
And, domestic abuse cases continue to pour in at a frenzied rate;
they shot up 31%.
Theres no end in sight to these alarming trends. Because of time
constraints, I wont go into more detail about the caseload now. But I
ask that you carefully review the information that is attached to these
remarks.
You must bear in mind that new laws and mandates inevitably
increase the pressure. Tougher criminal penalties add to the demands on
our courts. New civil remedies add to the demands on our courts. Shorter
time frames for hearings add to the demands on our courts. Each one adds
to the demands placed on the courts, which in turn adds to the need for
more resources. Its like trying to manufacture a newly designed car
without retooling the factory.
How does all of this look to the hundreds of Iowans coming to court
each day?
Sensational trials, such as that of O.J. Simpson, grab front-page
headlines and public attention. But while they serve in some ways to
educate the public about court procedures, they bear little resemblance
to typical cases that represent the courts routine business.
Last year, I provided you with some descriptions of the hectic pace
in our urban courthouses. Rural courts are also overwhelmed. However,
theres a major difference between court service in a rural courthouse
and an urban courthouse. Rural courts do not have the luxury of having
a judge available each day.
In Dallas County, just to the west, court service day resembles a
cattle call with people nervously waiting for hours to have their case
heard. Criminal matters get top priority. They are heard first. Civil
cases are heard later in the day only if all criminal matters are
completed. Its not unusual for court service to continue into the night
with some matters left unresolved.
Many cases get bumped until later dates. Recently, I learned of a
dissolution case pending in Dallas County involving the custody of two
children. The day before trial, the case was continued because all of
the judges were busy, presiding over other cases. The family came back
six weeks later. Again, the day before trial, the case had to be
continued because the judges were too busy on other matters. Imagine the
strain on the parents and the children. The case is scheduled again to
be heard this month. I certainly hope that it can be.
What can we do to reduce some of this enormous burden and still
provide the public with an appropriate method for resolving disputes?
Alternative dispute resolution, such as mediation, is one way to
reduce our civil caseload. According to the survey which I mentioned
earlier, this is favored by most Iowans.
This past year weve been working with our judicial districts and
private providers to furnish mediation services around the state. Many
of our busiest courts now offer small claims mediation. Mediation of
personal injury cases appears to be growing rapidly.
Mediation of family law cases is not catching on as much as wed
like to. We dont know why. Educating people on the value of mediation in
these cases should help. Weve sponsored, with the help of other groups,
many training programs on the use of mediation in family law cases. We
hope this training promotes mediation and encourages people to try it.
Two new family law mediation projects are underway thanks to grants
from the courts technology fund, which you provided to us two years ago.
The Johnson County Bar Association and the Sixth Judicial District have
teamed up to start a court-annexed family mediation program. The Second
Judicial District and the Center for Creative Justice in Ames are
working together on a child custody and visitation mediation project to
divert modification of custody claims from the courts.
Whether mediation will make a noticeable difference in our caseload
remains to be seen. However, any progress we make on the civil side is
overshadowed by the relentless growth in criminal, domestic abuse and
juvenile cases.
Breaking the back of crime, protecting victims of domestic abuse,
and turning around the lives of troubled children are high on your
agenda. We share your concerns and our courts wrestle with these issues
daily. But right now, these cases have us in a choke-hold with little
time left for other important cases.
I want to commend our judges and staff. Theyre working their
hardest, with the aid of technology and innovative programs, to handle
the constant barrage of cases. However, we need your continued support.
As long as the unprecedented demand for court services continues,
well need more judges, more staff and more support. Our specific budget
needs and recommendations are contained in our budget request which we
have submitted to you.
In addition, adequate compensation to attract and retain good
judges shores up the strength of our operation. Our judges were
heartened last year by your attempt to meaningfully respond to the
recommendations of the judicial compensation commission. We hope that
issue will be re-examined by you this year.
You deserve and have our warmest thanks for responding to our
concerns in the past. We must continue to work together to meet the
publics need for a fair and effective court system.
Chief Justice McGiverin was escorted from the House chamber by the
committee previously appointed.
Lieutenant Governor Corning was escorted from the House chamber by
the committee previously appointed.
Representative Siegrist moved that the joint convention be
dissolved, which motion prevailed by a voice vote.
The Senate returned to the Senate chamber and resumed regular
session, President pro tempore Bisignano presiding.
RECESS
On motion of Senator Judge, the Senate recessed at 10:22 a.m.,
until 3:00 p.m.
APPENDIX
SUBCOMMITTEE ASSIGNMENTS
Senate Joint Resolution 2001
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
Senate File 52
(Reassignment)
AGRICULTURE: Priebe, Chair; Banks and Fraise
Senate File 58
AGRICULTURE: Priebe, Chair; Banks and Fraise
Senate File 67
COMMERCE: Hansen, Chair; Deluhery and Lundby
Senate File 92
WAYS AND MEANS: Murphy, Chair; McLaren and Szymoniak
Senate File 334
AGRICULTURE: Priebe, Chair; Banks and Fraise
Senate File 401
COMMERCE: Deluhery, Chair; Douglas and Hansen
Senate File 421
COMMERCE: Palmer, Chair; Husak and Redfern
Senate File 464
WAYS AND MEANS: Vilsack, Chair; Deluhery and Freeman
Senate File 465
WAYS AND MEANS: Vilsack, Chair; Deluhery and Drake
Senate File 485
WAYS AND MEANS: Murphy, Chair; Connolly and Drake
Senate File 2003
STATE GOVERNMENT: Bisignano, Chair; Fink and Lind
Senate File 2004
JUDICIARY: Szymoniak, Chair; Bartz, Giannetto, Maddox and Vilsack
Senate File 2006
JUDICIARY: Hammond, Chair; Giannetto, McKean, Redfern and Vilsack
Senate File 2007
JUDICIARY: Giannetto, Chair; Hammond, McKean, Redfern and Vilsack
Senate File 2009
JUDICIARY: Fraise, Chair; Giannetto, McKean, Redfern and Vilsack
Senate File 2010
JUDICIARY: Szymoniak, Chair; Drake, Giannetto, Hammond and Maddox
Senate File 2011
NAT. RESOURCES, ENVIR. & ENERGY: Kibbie, Chair; Hedge and Judge
Senate File 2012
STATE GOVERNMENT: Bisignano, Chair; Fink and Lind
Senate File 2013
STATE GOVERNMENT: Connolly, Chair; Halvorson and Lundby
Senate File 2014
STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer
Senate File 2015
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
Senate File 2018
COMMERCE: Hansen, Chair; Deluhery and Douglas
Senae File 2020
STATE GOVERNMENT: Connolly, Chair; Bisignano and McLaren
Senate File 2021
NAT. RESOURCES, ENVIR. & ENERGY: Gronstal, Chair; Black and Lundby
Senate File 2025
JUDICIARY: Bisignano, Chair; Boettger, Giannetto, Redfern and Vilsack
Senate File 2026
JUDICIARY: Hammond, Chair; Bartz, Halvorson, Maddox and Szymoniak
House File 511
COMMERCE: Gronstal, Chair; Deluhery and Redfern
COMMITTEE REPORT
AGRICULTURE
Final Bill Action: *SENATE FILE 2034 (LSB 3618), a bill for an act
relating to county zoning of animal feeding operations.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Priebe, Judge, Black, Boswell, Fraise, Giannetto,
Palmer and Sorensen. Nays, 6: Bartz, Banks, Douglas, Hedge, McLaren and
Zieman. Absent or not voting, 1: Husak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Agriculture
Committee on Senate File 2034 and they were attached to the committee
report.
REPORTS OF COMMITTEE MEETINGS
COMMERCE
Convened: January 9, 1996, 4:16 p.m.
Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
Member; Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak,
Lundby, Palmer and Redfern.
Members Absent: Bisignano (excused) and Priebe.
Committee Business: Assigned bills to subcommittees; overview of the
insurance department by the commissioner of insurance.
Adjourned: 4:50 p.m.
TRANSPORTATION
Convened: January 9, 1996, 3:20 p.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Black, Dearden, Douglas, Fink, Jensen, Lind and Rittmer.
Members Absent: Connolly and Halvorson (both excused).
Committee Business: Assigned bills to subcommittees.
Adjourned: 3:27 p.m.
WAYS AND MEANS
Convened: January 9, 1996, 3:35 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy,
Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: Connolly (excused).
Committee Business: Assigned bills to subcommittees; amended and
approved SSB 2001 as a committee bill.
Adjourned: 4:09 p.m.
AFTERNOON SESSION
The Senate reconvened at 4:10 p.m., President Boswell presiding.
INTRODUCTION OF BILLS
Senate File 2031, by Boswell, Husak, Judge, Kibbie, Fraise, Jensen,
Gettings, Dearden, Gronstal, Bisignano, Sorensen, Dvorsky, Black,
Giannetto, Deluhery, Fink, Rittmer, Murphy, Palmer, Szymoniak, Flynn,
Lundby, Neuhauser, Banks, Iverson, Priebe, Connolly, and Hansen, a bill
for an act relating to the compensation of merchant marines for active
service, creating a merchant marine service compensation fund, providing
for administrative procedures, providing for other properly related
matters, making an appropriation, and providing a penalty.
Read first time and passed on file.
Senate File 2032, by Connolly, a bill for an act relating to
minimum instructional time requirements for a school week.
Read first time and passed on file.
Senate File 2033, by Jensen and Palmer, a bill for an act
appropriating money from the general fund of the state to repair and
renovate the soldiers and sailors monument of the civil war on the state
capitol complex.
Read first time and passed on file.
Senate File 2034, by committee on Agriculture, a bill for an act
relating to county zoning of animal feeding operations.
Read first time and placed on calendar.
Senate File 2035, by Kibbie, a bill for an act relating to the
control and eradication of ecologically harmful exotic species and
Eurasian milfoil and establishing a penalty.
Read first time and passed on file.
Senate File 2036, by Connolly and Kibbie, a bill for an act
relating to dates of active duty for purposes of the military service
property tax exemption and providing an applicability date.
Read first time and passed on file.
Senate File 2037, by Kibbie and Husak, a bill for an act relating
to animal feeding operations by providing for county zoning of certain
operations, and imposing requirements relating to construction permits.
Read first time and passed on file.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Rensink for the day and remainder of the week on request of
Senator Jensen.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 47 present, 3 absent and a quorum present.
The Senate stood at ease at 4:25 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 5:05 p.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 42 present, 8 absent and a quorum present.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 2030.
Senate File 2030
On motion of Senator Szymoniak, Senate File 2030, a bill for an act
relating to state and county mental health and developmental disability
funding provisions and including an applicability provision and an
effective date, was taken up for consideration.
Senator Iverson offered amendment S-5002 filed by him from the
floor to pages 1-3 of the bill and moved its adoption.
Amendment S-5002 lost by a voice vote.
Senator Szymoniak offered amendment S-5001 filed by her from the
floor to pages 2 and 3 of the bill and moved its adoption.
Amendment S-5001 was adopted by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Kramer for the remainder of the day on request of Senator
Bartz.
BUSINESS PENDING
Senate File 2030
The Senate resumed consideration of Senate File 2030.
Senator Szymoniak moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2030) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Kramer Rensink
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2030 be immediately messaged to the House.
INTRODUCTION OF BILL
Senate File 2038, by Sorensen, Giannetto, Kibbie, Neuhauser,
Hammond, Vilsack, Halvorson, Flynn, Murphy, Dearden, McKean, Bartz,
Zieman, Rittmer, and Judge, a bill for an act relating to the inclusion
of a minimum level of maternity benefits in an individual or group
health care policy or contract issued in the state.
Read first time and passed on file.
APPENDIX
STUDY BILLS RECEIVED
SSB 2009
Judiciary
Relating to statutory corrections which may adjust language to
reflect current practices, insert earlier omissions, delete redundancies
and inaccuracies, delete temporary language, resolve inconsistencies and
conflicts, update ongoing provisions, or remove ambiguities, and
providing effective and retroactive applicability dates.
SSB 2010
Judiciary
Relating to the amount of prison time served by persons convicted
of an aggravated misdemeanor or greater offense, by providing for
changes in the mandatory minimum terms of sentences to be served,
providing for a reduction in the amount of good and honor time that may
be earned by forcible felons, providing for a legislative interim and a
departmental study, providing for a pilot project, and making other
related changes.
SSB 2011
Judiciary
Relating to the law enforcement academys minimum vision
requirements for entrance into approved law enforcement training
schools.
SSB 2012
Judicairy
Relating to vision requirements of the Iowa law enforcement academy
for law enforcement officer recruits.
SSB 2013
Judiciary
Relating to peace officer status for state department of
transportation employees.
SSB 2014
State Government
Relating to the powers and duties of the racing and gaming
commission and minimum age for gambling at racetrack enclosures, and
subjecting violators to a penalty.
SSB 2015
State Government
Relating to permissible fees and commission to be paid to certified
public accountants and accounting practitioners.
SSB 2016
State Government
Relating to notaries public by establishing requirements relating
to identification of persons and maintaining an official journal, and
providing authorization to notaries public to sign for certain
individuals.
SSB 2017
State Government
Relating to setting the compensation for publication of certain
notices by the superintendent of printing.
SSB 2018
Judiciary
Relating to nonsubstantive Code corrections, and providing
effective and retroactive applicability dates.
SSB 2019
Judiciary
Relating to public access to criminal history data maintained by
the department of public safety.
SSB 2020
Judiciary
Relating to motor vehicle laws by prohibiting intoxication or
simulation of intoxication in the interior of a motor vehicle,
increasing the penalty for driving a commercial vehicle while
disqualified, and making penalties applicable.
SSB 2021
Judiciary
Relating to fingerprinting requirements for certain public
offenses.
SSB 2022
Judiciary
Relating to the arresting authority of peace officers outside the
officers jurisdiction.
SSB 2023
Education
Establishing an environmental education program in the state of
Iowa.
SUBCOMMITTEE ASSIGNMENTS
SSB 2009
JUDICIARY: Bartz, Chair; Bisignano, Giannetto, Hansen and Maddox
SSB 2010
JUDICIARY: Fraise, Chair; Giannetto, McKean, Redfern and Vilsack
SSB 2011
JUDICIARY: Giannetto, Chair; Boettger, Drake, Fraise and Hansen
SSB 2012
JUDICIARY: Giannetto, Chair; Boettger, Drake, Fraise and Hansen
SSB 2013
JUDICIARY: Giannetto, Chair; Boettger, Drake, Fraise and Vilsack
SSB 2014
STATE GOVERNMENT: Bisignano, Chair; Fink and Lind
SSB 2015
STATE GOVERNMENT: Giannetto, Chair; Fink and Lind
SSB 2016
STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer
SSB 2017
STATE GOVERNMENT: Gronstal, Chair; Bennett and Kibbie
SSB 2018
JUDICIARY: Maddox, Chair; Boettger, Giannetto, Neuhauser and Vilsack
SSB 2019
JUDICIARY: McKean, Chair; Giannetto, Halvorson, Hammond and Redfern
SSB 2020
JUDICIARY: Hansen, Chair; Boettger, Giannetto, Hammond and Maddox
SSB 2021
JUDICIARY: Halvorson, Chair; Bartz, Boettger, Giannetto and Szymoniak
SSB 2022
JUDICIARY: Giannetto, Chair; Drake, Hammond, Redfern and Vilsack
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2028 Appropriations
S.F. 2029 Transportation
S.F. 2031 Appropriations
S.F. 2032 Education
S.F. 2033 Appropriations
S.F. 2035 Nat. Resources, Env. & Energy
S.F. 2036 Ways and Means
PRESENTATION OF VISITOR
Senator Horn welcomed the Honorable Tom Harkin, U.S. Senator from
Iowa, who was present in the Senate chamber.
AMENDMENTS FILED
S-5001 S.F. 2030 Elaine Szymoniak
S-5002 S.F. 2030 Stewart Iverson, Jr.
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:38 p.m., until
9:00 a.m., Thursday, January 11, 1996.
| Previous Day: Tuesday, January 9 | Next Day: Thursday, January 11 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? sjourn@legis.iowa.gov.
Last update: Mon Jan 15 12:25:09 CST 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0110.html
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