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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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