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SIXTEENTH CALENDAR DAY
TENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, January 23, 1996
The Senate met in regular session at 9:11 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Mark Sherwood, pastor of the
Berean Baptist Church, Perry, Iowa.
The Journal of Monday, January 22, 1996, was approved.
INTRODUCTION OF BILL
Senate File 2069, by Hammond, a bill for an act relating to
cigarettes and tobacco products including providing for the prohibition
of smoking in a public place or public meeting at a future date,
providing for the enforcement of smoking prohibitions through
rulemaking, providing for more restrictive local enforcement of smoking
provisions, making provisions for distribution and advertising related
to cigarettes and tobacco products, providing penalties, and providing
an effective date.
Read first time and passed on file.
RECESS
On motion of Senator Horn, the Senate recessed at 9:15 a.m., until
1:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: January 22, 1996, 4:45 p.m.
Members Present: Murphy, Chair; Black, Borlaug, Douglas, Flynn,
Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie,
McLaren, Neuhauser, Rensink and Vilsack.
Members Absent: Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz,
Bisignano, Dvorsky, Kramer and Tinsman (all excused).
Committee Business: Reassigned bills from 1995 session and assigned new
bills to subcommittees.
Adjourned: 4:48 p.m.
HUMAN RESOURCES
Convened: January 22, 1996, 3:09 p.m.
Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger,
Ranking Member; Bartz, Hansen and Neuhauser.
Members Absent: Dvorsky, Kramer and Tinsman (all excused) and Vilsack.
Committee Business: Approved SSB 2003 as a committee bill.
Adjourned: 3:19 p.m.
STATE GOVERNMENT
Convened: January 22, 1996, 3:07 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto,
Lundby, McLaren and Sorensen.
Members Absent: Halvorson and Lind.
Committee Business: Approved SSB 2042 as a committee bill; recommended
passage of Senate File 259.
Adjourned: 3:17 p.m.
COMMUNICATIONS RECEIVED
The following communications were received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:
January 3, 1996
DEPARTMENT OF HUMAN SERVICES
The report from the State County Management Committee to fulfill
the requirements of section 331.438(3)(c)(13), the Code; Section 23,
Senate File 69, and as the final report required under Section 6 of
Senate File 315.
January 3, 1996
IOWA DEPARTMENT OF AGRICULTURE
Semi-Annual Report
January 5, 1996
DEPARTMENT OF HUMAN SERVICES
Pursuant to Senate File 431, Section 13, a report concerning an
evaluation and recommendations for Nonpublic Assistance Recipients Child
Support Recovery Costs.
January 5, 1996
DEPARTMENT OF JUSTICE
A report requesting that the Attorney General Study the development
of regional multidisciplinary teams to focus on child abuse prosecution
and intervention needs pursuant to Senate File 208.
January 5, 1996
DEPARTMENT OF HUMAN DEVELOPMENT AND FAMILY STUDIES
Alternative Strategies for Child Support Cost Recovery.
January 8, 1996
IOWA DEPARTMENT OF CORRECTIONS
A study of the establishment of a 50 bed infirmary for the care of
inmates pursuant to Senate File 459, Section 4, subsection 4, passed by
the 1995 General Assembly.
January 8, 1996
DEPARTMENT OF PERSONNEL
Average time to fill Vacancies report, according to HF430, Chapter
178, 1993 Acts, as amended by Senate File 2229.
January 8, 1996
DEPARTMENT OF JUSTICE
A departmental study of the legal issues, cost, and alternatives to
civil commitment of violent sex offenders pursuant to Senate File 432
(1995), 95 Acts Chapter 144.
January 8, 1996
IOWA TELECOMMUNICATIONS & TECHNOLOGY COMMISSION
A five-year financial plan for the Network according to Code of
Iowa Chapter 8D.3.
January 8, 1996
DEPARTMENT OF JUSTICE
Written procedures and policies to be followed by prosecuting
attorneys in the prosecution of domestic abuse cases under chapters 236
and 708 pursuant to Iowa Code 13.2(13) (Supp. 1995).
January 8, 1996
DEPARTMENT OF ECONOMIC DEVELOPMENT
Pursuant to House File 512, Section 1, subsection 1b, -
Privatizing Computer Services.
January 9, 1996
IOWA DEPARTMENT OF TRANSPORTATION
Pursuant to Iowa Code Section 307.26, (5), c., REPORT TO IOWA
GENERAL ASSEMBLY ON PUBLIC HIGHWAY-RAILROAD GRADE CROSSING
CLASSIFICATIONS AND WARNING DEVICE STANDARDS.
January 9, 1996
LEGISLATIVE FISCAL BUREAU
State of Iowa Summary of FY 1997 Budget and Governors
Recommendations.
January 9, 1996
IOWA UTILITIES BOARD
A study to determine the overall impact of the Iowa Communications
Network on the private telecommunications industry in Iowa pursuant to
Chapter 1184, Section 26 of the 1994 Acts.
January 10, 1996
IOWA TELECOMMUNICATIONS & TECHNOLOGY COMMISSION
Agency Savings Report as required by Code of Iowa Chapter 8D.10.
January 11, 1996
IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
Biennial Report 96.
January 12, 1996
DEPARTMENT OF HUMAN SERVICES
Improving the Adequacy of Reimbursement for Family Foster Care
pursuant to the 1995 Iowa Act, Senate File 462, Section 26, subsection
2.
January 12, 1996
STATE BOARD OF REGENTS
Board of Regents FY 1997-FY 2001 Five Year Building Program in
accordance with Section 262A.3 of the Code of Iowa.
January 12, 1996
IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
The report to the Iowa General Assembly concerning the Hungry
Canyons Conference held August 22, 1995, pursuant to Chapter 216,
Section 21, 1995 Iowa Acts.
January 16, 1996
DEPARTMENT OF PUBLIC HEALTH
Pursuant to House File 530, the report of Iowa Lead Poisoning
Coalition.
Pursuant to House File 530, Annual Report of Home Care Aide/Chore
Program.
Pursuant to House File 530, Annual Report of Healthy Iowans.
Pursuant to Code Ch. 272C.4(2)b, Annual Report For The Professional
Licensing Boards.
January 16, 1996
THE UNIVERSITY OF IOWA
CENTER for HEALTH EFFECTS of ENVIRONMENTAL CONTAMINATION
Progress Report - 1995
January 16, 1996
STATE BOARD OF REGENTS
The Beginning Farm Center Annual Report, in accordance with Chapter
266.39E, Code of Iowa.
January 16, 1996
IOWA MANAGED SUBSTANCE ABUSE CARE PLAN
IMSACP Program Fact Sheet.
January 16, 1996
DEPARTMENT OF HUMAN SERVICES
Report to the Iowa Legislature on Court-Ordered Detoxification in
accordance with Senate File 462, Section 3, item 9.
January 16, 1996
THE STATE PSEUDORABIES ADVISORY COMMITTEE
The Official 1996 Report On Calendar Year 1995 Activities, as
required by Chapter 166D.3 Code of Iowa.
January 16, 1996
DEPARTMENT OF NATURAL RESOURCES
Pursuant to 258A., Code of Iowa, the summary of activities for the
1995 certification programs to certify persons to engage in well
construction, water distribution systems and to operate sanitary
landfill disposal facilities and solid waste incinerators.
A copy of the 1996 Iowa Comprehensive Energy Plan Update, as
required in Section 473.7 of the Iowa Code.
January 17, 1996
DEPARTMENT OF PUBLIC SAFETY
A report on RC&D dry hydrant demonstration projects as required by
Senate File 484.
January 17, 1996
DEPARTMENT OF ELDER AFFAIRS
Annual Report of the Office of the State Long-Term Care Ombudsman
Program, as required by Section 249D.42 of the Iowa Code.
January 17, 1996
IOWA INSURANCE COMMISSIONER
A report concerning the elimination of age as a rating
characteristic in the individual health insurance market. The report
submitted in accordance with Section 513C.5, subsection 2, Iowa Code.
January 18, 1996
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
Electronic Records Issues, Introduction to Privacy and Government
Records, The Monitoring of Electronic Mail in the Private Sector
Workplace: An Electronic Assault on Employee Privacy Rights.
January 19, 1996
DEPARTMENT OF MANAGEMENT
Targeted Small Business and Contract Compliance Report for FY 1996,
in accordance with Iowa Code 19B.7.
January 19, 1996
DEPARTMENT OF ELDER AFFAIRS
Annual Report per Code 231.58.
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE RESOLUTION 16, a resolution to urge and
petition the federal government to reexamine the requirements of the
conservation reserve program administered by the United States
Department of Agriculture in order to ensure that suitable land under
the program is eligible for suitable uses relating to the grazing by
livestock.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Priebe, Judge, Bartz, Banks, Black, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Sorensen and Zieman.
Nays, none. Absent or not voting, 1: Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2072 (SSB 2036), a bill for an act
relating to implements of husbandry by providing for machinery towed by
a motor vehicle or farm tractor, and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Priebe, Judge, Bartz, Banks, Black, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Sorensen and Zieman.
Nays, none. Absent or not voting, 1: Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
HUMAN RESOURCES
Final Bill Action: SENATE FILE 2070 (SSB 2003), a bill for an act
providing for legislative appointments to the state child day care
advisory council.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 6: Szymoniak, Hammond, Boettger, Bartz, Hansen and
Neuhauser. Nays, none. Absent or not voting, 4: Dvorsky, Kramer,
Tinsman and Vilsack.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 2071 (SSB 2042), a bill for an act
creating an advisory commission on intergovernmental relations,
specifying its membership and its powers and duties, providing for other
properly related matters, and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Lundby, McLaren and
Sorensen. Nays, none. Absent or not voting, 2: Halvorson and Lind.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENT FILED
S-5005 S.F. 2066 Randal J. Giannetto
AFTERNOON SESSION
The Senate reconvened at 2:31 p.m., President Boswell presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on January 22, 1996, adopted the following resolution in which
the concurrence of the Senate is asked:
House Concurrent Resolution 105, a concurrent resolution
recognizing the women who have served Iowa as state legislators and
celebrating 100 years of women elected to state legislatures.
This resolution was read first time and passed on file.
ALSO: That the House has on January 23, 1996, adopted the following
resolution in which the concurrence of the House was asked:
Senate Concurrent Resolution 103, a concurrent resolution
posthumously honoring Mr. Loren Callendar, and recognizing his many
contributions to city government and to the citizens of Siouxland.
ALSO: That the House has on January 23, 1996, passed the following
bills in which the concurrence of the Senate is asked:
House File 16, a bill for an act relating to certain minors rights
to object to voluntary commitment and providing for surrogate decision
making by parents, legal guardians, or other legal representatives under
certain circumstances.
This bill was read first time and passed on file.
House File 121, a bill for an act relating to the taping and
broadcasting of certain high school athletic events.
This bill was read first time and passed on file.
House File 329, a bill for an act relating to an award of attorney
fees in an action to enforce a mechanics lien.
This bill was read first time and passed on file.
House File 2001, a bill for an act extending an exemption from
federal motor carrier safety regulations for medically unqualified
drivers and providing an effective date.
This bill was read first time and passed on file.
House File 2065, a bill for an act relating to an appropriation to
the judicial department for long-range and strategic planning and
providing an effective date.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2070, by committee on Human Resources, a bill for an
act providing for legislative appointments to the state child day care
advisory council.
Read first time and placed on calendar.
Senate File 2071, by committee on State Government, a bill for an
act creating an advisory commission on intergovernmental relations,
specifying its membership and its powers and duties, providing for other
properly related matters, and providing an effective date.
Read first time and placed on calendar.
Senate File 2072, by committee on Agriculture, a bill for an act
relating to implements of husbandry by providing for machinery towed by
a motor vehicle or farm tractor, and providing an effective date.
Read first time and placed on calendar.
Senate File 2073, by Boswell, a bill for an act making an
appropriation to the department of natural resources for statewide
forestry and rural development through forestry projects in cooperation
with resource, conservation, and development areas.
Read first time and passed on file.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
2063 be referred from the Regular Calendar to the committee on
Appropriations.
APPENDIX
STUDY BILLS RECEIVED
SSB 2044
Natural Resources, Environment & Energy
Relating to the regulation of timber sales and surety bonds paid by
timber buyers and providing an effective date.
SSB 2045
Natural Resources Environment & Energy
Relating to the limitations on the use of toxic materials in
packaging and providing additional exemptions.
SSB 2046
Appropriations
Creating a lost federal funds stabilization account in the state
treasury and providing an effective date.
SSB 2047
Judiciary
Relating to permits to acquire and carry weapons, including
background checks of persons seeking permits, making existing penalties
applicable, and providing effective dates.
SSB 2048
Judiciary
Relating to the harassment of public officials and establishing a
penalty.
SSB 2049
Ways & Means
Relating to the computation of the inflation factors for the tax
brackets and standard deduction of the state individual income tax and
providing an effective and retroactive applicability date provision.
SSB 2050
Ways & Means
Relating to the exemption from inheritance tax of property passing
to certain heirs and providing an applicability date provision.
SSB 2051
Ways & Means
Providing a sales, services, and use tax exemption on certain
packaging materials used in agricultural, livestock, or dairy
production.
SSB 2052
Ways & Means
Providing a livestock production credit for state income tax
purposes,repealing the agricultural land and family farm property tax
credits, and providing applicability dates.
SSB 2053
Ways & Means
Relating to the method for the computation of state income tax on
shareholders of corporations whose income is taxed directly to its
shareholders and providing an effective and retroactive applicability
date provision.
SSB 2054
Judiciary
Adding certain property to the list of exemptions from execution
available to a debtor.
SSB 2055
Education
Relating to the duties of the college student aid commission in
administering the Iowa guaranteed loan program, creating a chiropractic
loan revolving fund, and providing for matters related to the
chiropractic graduate student forgivable loan program.
SSB 2056
Education
Relating to the duties of the college student aid commission in
administering the Iowa guaranteed loan program, creating a chiropractic
loan revolving fund, and providing for matters related to the
chiropractic graduate student forgivable loan program.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2053
JUDICIARY: Redfern, Chair; Giannetto, McKean, Neuhauser and Vilsack
Senate File 2054
JUDICIARY: Maddox, Chair; Giannetto, Neuhauser, Redfern and Vilsack
Senate File 2055
JUDICIARY: Giannetto, Chair; Bartz, Drake, Hammond and Neuhauser
Senate File 2057
NATURAL RESOURCES, ENVIRON. & ENERGY: Gronstal, Chair; Banks, Black,
Deluhery and Lundby
Senate File 2060
NATURAL RESOURCES, ENVIRON. & ENERGY: Dearden, Chair; Black and Rensink
Senate File 2061
WAYS AND MEANS: Murphy, Chair; Bennett and Palmer
Senate File 2065
SMALL BUSINESS, ECON. DEVLPT, AND TOURISM: Flynn, Chair; Boettger,
Kibbie, Maddox and Vilsack
SSB 2044
NATURAL RESOURCES, ENVIRON. & ENERGY: Black, Chair; Fink and Lundby
SSB 2045
NATURAL RESOURCES, ENVIRON. & ENERGY: Fink, Chair; Black and Lundby
SSB 2046
APPROPRIATIONS: Husak, Chair; Bartz and Murphy
SSB 2047
JUDICIARY: McKean, Chair; Fraise, Giannetto, Redfern and Vilsack
SSB 2048
JUDICIARY: Boettger, Chair; Giannetto, Halvorson, Maddox and Vilsack
SSB 2050
WAYS AND MEANS: Palmer, Chair; Bennett, Connolly, Freeman and Neuhauser
SSB 2051
WAYS AND MEANS: Priebe, Chair; Deluhery, Drake, Hedge and Husak
SSB 2052
WAYS AND MEANS: Palmer, Chair; Deluhery, Drake, McLaren and Priebe
SSB 2054
JUDICIARY: Neuhauser, Chair; Drake, Giannetto, Redfern and Vilsack
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2067 State Government
S.F. 2068 Natural Resources, Environ. & Energy
S.F. 2069 Human Resources
S.F. 2073 Appropriations
H.C.R. 105 Human Resources
H.F. 16 Judiciary
H.F. 121 Education
H.F. 329 Judiciary
H.F. 2001 Transportation
H.F. 2065 Appropriations
INTRODUCTION OF BILL
Senate File 2074, by Hammond, a bill for an act relating to the
dates on which city hospital or health care facility trustees take and
depart from office.
Read first time under Rule 28 and passed on file.
AMENDMENTS FILED
S-5006 S.F. 2034 Berl E. Priebe
S-5007 S.F. 2034 Tom Flynn
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 2:35 p.m., until
9:00 a.m., Wednesday, January 24, 1996.
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