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SEVENTEENTH CALENDAR DAY
ELEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, January 24, 1996
The Senate met in regular session at 9:05 a.m., President Boswell
presiding.
Prayer was offered by the Reverend David Splett, pastor of the St.
Paul Lutheran Church, Eldora, Iowa.
The Journal of Tuesday, January 23, 1996, was approved.
INTRODUCTION OF BILLS
Senate File 2075, by Dvorsky, a bill for an act concerning
assistive devices by providing for a warranty, replacement of devices,
and providing consumer remedies.
Read first time and passed on file.
Senate File 2076, by Tinsman, Lind, and Rittmer, a bill for an act
eliminating the bond requirement for out-of-state construction
contractors.
Read first time and passed on file.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Kramer for the day on request of Senator Rife.
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 SUBCOMMITTEE ON ADMINISTRATION
Convened: January 23, 1996, 9:55 a.m.
Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
Member and Lundby.
Members Absent: Horn (excused).
Committee Business: Presentations by the departments of revenue and
finance, and personnel.
Adjourned: 11:40 a.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
Convened: January 23, 1996, 9:45 a.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking
Member; Bennett and Gettings.
Members Absent: none.
Committee Business: Budget presentation by the secretary of agriculture.
Adjourned: 11:50 a.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: January 23, 1996, 9:50 a.m.
Members Present: Vilsack, Chair; Bisignano, Vice Chair; Borlaug, Ranking
Member; Hansen and Zieman.
Members Absent: none.
Committee Business: Presentations by DES industrial and labor services.
Adjourned: 11:15 a.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: January 23, 1996, 9:55 a.m.
Members Present: Kibbie, Chair; Connolly, Vice Chair; Fink and Freeman.
Members Absent: Kramer, Ranking Member (excused).
Committee Business: Presentations by Iowa braille and sight saving
school, Iowa school for the deaf, and Iowa state university.
Adjourned: 11:45 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: January 23, 1996, 9:48 a.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: Presentations by the Iowa civil rights commission
and GASA budgets; discussed testing grants.
Adjourned: 11:14 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: January 23, 1996, 9:58 a.m.
Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
Member; Deluhery and Rittmer.
Members Absent: none.
Committee Business: Presentation on child welfare and discussion of
child support listening post.
Adjourned: 11:58 a.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: January 23, 1996, 10:55 a.m.
Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking
Member; Husak and Redfern.
Members Absent: none.
Committee Business: Presentations by the public defender and indigent
defense fund and department of public safety.
Adjourned: 11:20 a.m.
APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM
Convened: January 23, 1996, 10:00 a.m.
Members Present: Neuhauser, Chair; Gronstal, Vice Chair and Maddox.
Members Absent: McLaren, Ranking Member and Boswell (both excused).
Committee Business: Staff review of development and charge of
subcommittee; review of prioritized issues list and schedule for
subcommittee.
Adjourned: 11:20 a.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
CAPITALS
Convened: January 23, 1996, 9:51 a.m.
Members Present: Halvorson, Chair; Douglas, Ranking Member and Jensen.
Members Absent: Palmer, Vice Chair and Murphy (both excused).
Committee Business: Presentations by the department of general services
and the governors office on Capitol restoration and relocation,
maintenance and old historical building renovations.
Adjourned: 10:45 a.m.
AGRICULTURE
Convened: January 23, 1996, 8:03 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
McLaren, Sorensen and Zieman.
Members Absent: Palmer (excused).
Committee Business: Recommended passage of Senate Resolution 16;
approved SSB 2036 as a committee bill.
Adjourned: 8:55 a.m.
COMMERCE
Convened: January 23, 1996, 3:46 p.m.
Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
Member; Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak,
Lundby, Palmer, Priebe and Redfern.
Members Absent: Bisignano.
Committee Business: Presentations by the superintendent of banking and
the superintendent of credit unions.
Adjourned: 4:34 p.m.
LOCAL GOVERNMENT
Convened: January 23, 1996, 3:47 p.m.
Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
Member; Fraise, Halvorson, Judge, McKean, Rittmer and Zieman.
Members Absent: Black (excused).
Committee Business: Assigned bills to subcommittees.
Adjourned: 3:49 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM
Convened: January 23, 1996, 3:02 p.m.
Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
Member; Bennett, Boettger, Borlaug, Flynn, Kibbie, Maddox, McKean,
Sorensen and Szymoniak.
Members Absent: Giannetto, Palmer and Vilsack (all excused).
Committee Business: Assigned bills to subcommittees.
Adjourned: 3:06 p.m.
TRANSPORTATION
Convened: January 23, 1996, 3:00 p.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind
and Rittmer.
Members Absent: none.
Committee Business: Assigned bills to subcommittees; presentation by the
D.O.T.
Adjourned: 3:20 p.m.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2028
(Reassignment)
APPROPRIATIONS: Gronstal, Chair; Borlaug and Vilsack
Senate File 2044
LOCAL GOVERNMENT: Judge, Chair; Fraise and Rittmer
Senate File 2045
LOCAL GOVERNMENT: Fraise, Chair; Halvorson and McKean
Senate File 2049
LOCAL GOVERNMENT: Black, Chair; Fink and Maddox
Senate File 2050
LOCAL GOVERNMENT: Halvorson, Chair; Black and McKean
Senate File 2051
LOCAL GOVERNMENT: Sorensen, Chair; Fraise and Maddox
House File 2001
TRANSPORTATION: Gettings, Chair; Connolly and Rittmer
SSB 2049
WAYS AND MEANS: Szymoniak, Chair; Bennett, Connolly, Iverson and
Neuhauser
SSB 2053
WAYS AND MEANS: Vilsack, Chair; Connolly, Deluhery, Freeman and McLaren
AFTERNOON SESSION
The Senate reconvened at 1:37 p.m., President Boswell presiding.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 104, by McLaren and Banks, a Senate
concurrent resolution requesting Iowa State University to establish an
Iowa Agriculture 2000 Conference in order to provide information to
independent agricultural producers regarding production and marketing
structures.
Read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2077, by Fink, a bill for an act relating to a
property tax exemption for a person who is totally disabled while on
active duty with the armed forces of the United States and providing an
effective date.
Read first time and passed on file.
Senate File 2078, by Boettger, Douglas, McKean, and Szymoniak, a
bill for an act relating to the prohibition of the sale of cigarettes
or tobacco products through vending machines in any location other than
a bar and making a penalty applicable.
Read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 48 present, 2 absent and a quorum present.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Files 2066, 2071 and 2072.
Senate File 2066
On motion of Senator Giannetto, Senate File 2066, a bill for an act
relating to assisted suicide and providing criminal penalties, was taken
up for consideration.
Senator Giannetto offered amendment S-5005, filed by him on January
23, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5005 was adopted by a voice vote.
Senator Hansen asked and received unanimous consent that action on
Senate File 2066 be deferred.
Senate File 2071
On motion of Senator Sorensen, Senate File 2071, 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, was taken up
for consideration.
Senator Sorensen 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. 2071) the vote was:
Ayes, 49:
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 Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
132 JOURNAL OF THE SENATE 17th Day
Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2072
On motion of Senator Priebe, Senate File 2072, 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, was
taken up for consideration.
Senator Priebe 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. 2072) the vote was:
Ayes, 49:
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 Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
2071 and 2072 be immediately messaged to the House.
APPENDIX
STUDY BILLS RECEIVED
SSB 2057
Natural Resources
Relating to the hunting season for ungulates on a hunting preserve
and providing an effective date.
SSB 2058
Human Resources
Relating to public health administration, including the duties of
the director of public health, primary care recruitment and retention,
professional licensure, and health data.
SSB 2059
Judiciary
Relating to imposing a civil penalty for certain motor vehicle
license revocations, imposing a prison and jail surcharge on scheduled
fines and forfeitures and providing for the appropriation and
disposition of the proceeds from the surcharge for prisons and jails and
the district court, providing for the creation of a county security
fund, providing for the imposition of courthouse security fees as a
court cost, and providing for the purchase and maintenance of county
security equipment and the administration of the county security fund.
SSB 2060
Judiciary
Relating to the human immunodeficiency virus testing of an alleged
offender and making penalties applicable.
SSB 2061
Judiciary
Providing that appeal of certain sentences be by writ of
certiorari.
SSB 2062
Judiciary
Relating to sexual exploitation by law enforcement officers and
providing a penalty.
SSB 2063
Business & Labor
Relating to asbestos removal and encapsulation.
SSB 2064
Education
Relating to school finance by increasing the foundation base level
for special education and providing an effective date.
SSB 2065
Education
Relating to the establishment of the state percent of growth for
purposes of the state school foundation program and providing an
effective date.
SSB 2066
Human Resources
Relating to th documentation and reporting requirements of
hospitals and organ procurement organizations relating to anatomical
gifts.
SSB 2067
Judiciary
Providing for agency and department cooperation in employing
inmates under the hard labor program.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2058
STATE GOVERNMENT: Bisignano, Chair; Fink and Lind
Senate File 2067
STATE GOVERNMENT: Fink, Chair; Drake and Kibbie
Senate File 2069
HUMAN RESOURCES: Hammond, Chair; Dvorsky and Kramer
House Concurrent Resolution 105
HUMAN RESOURCES: Hammond, Chair; Szymoniak and Tinsman
House File 16
JUDICIARY: Neuhauser, Chair; Boettger, Hammond, Maddox and Szymoniak
House File 329
JUDICIARY: Vilsack, Chair; Bartz, Hammond, Neuhauser and Redfern
SSB 2057
NATURAL RESOURCES, ENVIR. & ENERGY: Dearden, Chair; Black and Rensink
SSB 2058
HUMAN RESOURCES: Neuhauser, Chair; Boettger and Hammond
SSB 2059
JUDICIARY: Vilsack, Chair; Bisignano, Drake, Giannetto and Maddox
SSB 2060
JUDICIARY: Fraise, Chair; Bisignano, Boettger, Giannetto and Maddox
SSB 2061
JUDICIARY: Giannetto, Chair; Fraise, McKean, Redfern and Vilsack
SSB 2062
JUDICIARY: Maddox, Chair; Bisignano, Boettger, Giannetto and Vilsack
SSB 2063
BUSINESS AND LABOR: Connolly, Chair; Freeman and Hammond
SSB 2066
HUMAN RESOURCES: Neuhauser, Chair; Boettger and Dvorsky
SSB 2067
JUDICIARY: Bisignano, Chair; Boettger, Fraise, Giannetto and McKean
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2074 State Government
S.F. 2075 Human Resources
S.F. 2076 Business and Labor
S.F. 2077 Ways and Means
S.F. 2078 Human Resources
S.C.R. 104 Agriculture
COMMITTEE REPORTS
EDUCATION
Final Bill Action: SENATE FILE 2081 (SSB 2064), a bill for an act
relating to school finance by increasing the foundation base level for
special education and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 1: Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2082 (SSB 2065), a bill for an act
relating to the establishment of the state percent of growth for
purposes of the state school foundation program and providing an
effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 1: Kramer.
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 Education
Committee on Senate File 2082 and they were attached to the committee
report.
ALSO:
Final Bill Action: *SENATE FILE 2083 (Senate File 2032), a bill for an
act relating to minimum instructional time requirements for a school
week.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 1: Kramer.
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 Education
Committee on Senate File 2083 and they were attached to the committee
report.
JUDICIARY
Final Bill Action: SENATE FILE 2080 (SSB 2018), a bill for an act
relating to nonsubstantive Code corrections, and providing effective and
retroactive applicability dates.
Recommendation: APPROVED COMMITTEE BILL AND AMEND AS PROVIDED IN
AMENDMENT S-5009.
Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern
and Szymoniak. Nays, none. Absent or not voting: 1, Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 2022, a bill for an act relating to the
collection and use of tonnage fees for the disposal of solid waste, and
providing an effective date.
Recommendation: DO PASS
Final Vote: Ayes, 15: Fink, Black, Lundby, Banks, Borlaug, Dearden,
Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and
Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF BILLS
Senate File 2079, by Deluhery, a bill for an act relating to
school finance by increasing the foundation base level presently in
effect for special education and providing an effective date.
Read first time under Rule 28 and passed on file.
Senate File 2080, by committee on Judiciary, a bill for an act
relating to nonsubstantive Code corrections, and providing effective and
retroactive applicability dates.
Read first time under Rule 28 and placed on calendar.
Senate File 2081, by committee on Education, a bill for an act
relating to school finance by increasing the foundation base level for
special education and providing an effective date.
Read first time under Rule 28 and placed on calendar.
Senate File 2082, by committee on Education, a bill for an act
relating to the establishment of the state percent of growth for
purposes of the state school foundation program and providing an
effective date.
Read first time under Rule 28 and placed on calendar.
Senate File 2083, by committee on Education, a bill for an act
relating to minimum instructional time requirements for a school week.
Read first time under Rule 28 and placed on calendar.
AMENDMENTS FILED
S-5008 S.F. 2063 Mike Connolly
S-5009 S.F. 2080 Judiciary
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 2:25 p.m., until
9:00 a.m., Thursday, January 25, 1996.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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