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TWENTY-THIRD CALENDAR DAY
FOURTEENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, January 30, 1996
The Senate met in regular session at 9:22 a.m., President Boswell
presiding.
Prayer was offered by Harriet Vande Hoef, wife of Representative
Vande Hoef of Osceola County, Harris, Iowa, who sang The Lords Prayer.
The Journal of Monday, January 29, 1996, was approved.
INTRODUCTION OF BILLS
Senate File 2100, by Tinsman, Zieman, Boettger, and Giannetto, a
bill for an act relating to possession or control of alcohol by persons
aged eighteen, nineteen, and twenty, and providing a penalty.
Read first time and passed on file.
Senate File 2101, by committee on Human Resources, a bill for an
act relating to the disbursement of the remaining funds in a
nonguaranteed irrevocable burial trust fund following satisfaction of
payment in accordance with an agreement for funeral merchandise and
funeral services.
Read first time and placed on calendar.
Senate File 2102, by committee on Human Resources, a bill for an
act relating to the certificate of need program for institutional health
facilities.
Read first time and placed on calendar.
RECESS
On motion of Senator Horn, the Senate recessed at 9:30 a.m., until
1:30 p.m.
RECESS
On motion of Senator Horn, the Senate recessed at 9:30 a.m., until
1:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
CAPITALS
Convened: January 25, 1996, 10:25 a.m.
Members Present: Halvorson, Chair and Douglas, Ranking Member.
Members Absent: Palmer, Vice Chair; Jensen and Murphy (all excused).
Committee Business: Presentation by the chairperson for the governors
blue ribbon task force on transportation; introduction of the governors
executive director of special projects.
Adjourned: 11:28 a.m.
APPROPRIATIONS
Convened: January 29, 1996, 4:38 p.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Banks, Bartz, Bisignano, Borlaug, Douglas, Dvorsky, Flynn,
Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie,
McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: Black and Kramer (both excused).
Committee Business: Amended and approved SSB 2046 as a committee bill.
Adjourned: 5:25 p.m.
HUMAN RESOURCES
Convened: January 29, 1996, 3:14 p.m.
Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger,
Ranking Member; Bartz, Dvorsky, Hansen, Neuhauser and Vilsack.
Members Absent: Kramer and Tinsman (both excused).
Committee Business: Approved SSBs 2068 and 2043 as committee bills;
amended and approved Senate File 2016 as a committee bill.
Adjourned: 3:34 p.m.
STATE GOVERNMENT
Convened: January 29, 1996, 3:07 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Dearden, Drake, Fink, Giannetto, Halvorson,
Lind, Lundby and Sorensen.
Members Absent: Connolly and McLaren (both excused).
Committee Business: Recommended passage of Senate Files 2012 and 2074;
approved SSB 2015 as a committee bill; discussed IPERS and other public
retirement systems.
Adjourned; 3:32 p.m.
WAYS AND MEANS
Convened: January 29, 1996, 3:47 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Deluhery, Freeman, Hedge, Murphy, Neuhauser, Priebe, Szymoniak
and Vilsack.
Members Absent: Connolly, Drake, Iverson and McLaren (all excused).
Committee Business: Assigned bills to subcommittees; approved SSB 2051
as a committee bill.
Adjourned: 3:54 p.m.
COMMITTEE REPORTS
HUMAN RESOURCES
Final Bill Action: SENATE FILE 2101 (SSB 2043), a bill for an act
relating to the disbursement of the remaining funds in a nonguaranteed
irrevocable burial trust fund following satisfaction of payment in
accordance with an agreement for funeral merchandise and funeral
services.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
Hansen, Neuhauser and Vilsack. Nays, none. Absent or not voting, 2:
Kramer and Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2102 (SSB 2068) a bill for an act
relating to the certificate of need program for institutional health
facilities.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
Hansen, Neuhauser and Vilsack. Nays, none. Absent or not voting, 2:
Kramer and Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2103 (formerly Senate File 2016), a bill
for an act relating to the provision of outpatient services and
treatment to minors with mental illness at community mental health
centers without the consent of a parent or legal guardian.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 6: Szymoniak, Hammond, Bartz, Dvorksy, Neuhauser and
Vilsack. Nays, 2: Boettger and Hansen. Absent or not voting, 2: Kramer
and Tinsman.
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 Human Resources
Committee on Senate File 2103 and they were attached to the committee
report.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2084
JUDICIARY: McKean, Chair; Giannetto, Neuhauser, Redfern and Vilsack
Senate File 2085
TRANSPORTATION: Fink, Chair; Dearden and Jensen
Senate File 2092
JUDICIARY: Halvorson, Chair; Giannetto, Maddox, McKean and Vilsack
AFTERNOON SESSION
The Senate reconvened at 1:38 p.m., President Boswell presiding.
INTRODUCTION OF BILLS
Senate File 2103, by committee on Human Resources, a bill for an
act relating to the provision of outpatient services and treatment to
minors with mental illness at community mental health centers without
the consent of a parent or legal guardian.
Read first time and placed on calendar.
Senate File 2104, by Hammond and Drake, a bill for an act relating
to state employee disclosures of information and making penalties
applicable.
Read first time and passed on file.
Senate File 2105, by Giannetto, a bill for an act relating to
price discrimination in the purchase of livestock and providing criminal
penalties and civil remedies.
Read first time and passed on file.
Senate File 2106, by Sorensen, a bill for an act relating to a
sales, services, and use tax exemption for admissions for access to
railroad trains operated for amusement purposes and providing an
effective and retroactive applicability date provision.
Read first time and passed on file.
Senate File 2107, by Tinsman, Rittmer, Murphy, Neuhauser, and Lind,
a bill for an act appropriating funds to establish a pilot mediation
project at the Iowa correctional institution for women in Mitchellville.
Read first time and passed on file.
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 30, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 2044, a bill for an act relating to the authority of
cities and counties to restrict public indecent exposure and providing
an effective date.
This bill was read first time and passed on file.
House File 2061, a bill for an act relating to the immunity from
civil liability for health care peer review committee members.
This bill was read first time and passed on file.
House File 2066, a bill for an act relating to the operation of
motor vehicles in border cities and providing an effective date.
This bill was read first time and passed on file.
House File 2113, a bill for an act providing for a permanent
registration plate for motor trucks and truck tractors licensed pursuant
to multistate registration.
This bill was 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 43 present, 7 absent and a quorum present.
UNFINISHED BUSINESS
(Deferred January 24, 1996)
Senate File 2066
The Senate resumed consideration of Senate File 2066, a bill for an
act relating to assisted suicide and providing criminal penalties,
deferred January 24, 1996.
Senator Giannetto called up the motion to reconsider the vote by
which amendment S-5005 to Senate File 2066 was adopted by the Senate on
January 24, 1996, filed by Senator Redfern on January 25, 1996, found on
page 161 of the Senate Journal and moved its adoption.
The motion prevailed by a voice vote and amendment S-5005 by
Senator Giannetto to page 1 of the bill, was taken up for
reconsideration.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Jensen until he arrives on request of Senator Rife.
BUSINESS PENDING
Senate File 2066
The Senate resumed consideration of Senate File 2066 and amendment
S-5005.
Senator Redfern offered amendment S-5012 filed by him on January
25, 1996, to amendment S-5005 and moved its adoption.
Amendment S-5012 was adopted by a voice vote.
Senator Giannetto moved the adoption of amendment S-5005 as
amended, which motion prevailed by a voice vote.
Senator Hansen offered amendment S-5011 filed by him on January 25,
1995, to page 1 of the bill and moved its adoption.
Amendment S-5011 was adopted by a voice vote.
Senator Halvorson offered amendment S-5026 filed by him from the
floor to page 1 of the bill.
The Senate stood at ease at 2:20 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 2:40 p.m., President Boswell
presiding.
BUSINESS PENDING
Senate File 2066
The Senate resumed consideration of Senate File 2066 and amendment
S-5026 by Senator Halvorson to page 1 of the bill.
Senator Halvorson moved the adoption of amendment S-5026, which
motion lost by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Fraise until he arrives on request of Senator Husak.
BUSINESS PENDING
Senate File 2066
The Senate resumed consideration of Senate File 2066.
Senator Giannetto 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. 2066) the vote was:
Ayes, 43:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Deluhery Douglas Drake
Dvorsky Flynn Freeman Gettings
Giannetto Gronstal Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Lind Lundby
Maddox McKean McLaren Murphy
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 6:
Dearden Fink Halvorson Hammond
Kramer Neuhauser
Absent or not voting, 1:
Fraise
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
HOUSE AMENDMENT CONSIDERED
Senate File 2030
Senator Szymoniak called up for consideration 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, amended by the House in
House amendment S-5010 filed January 25, 1996.
Senator Szymoniak offered amendment S-5027 filed by her from the
floor to House amendment S-5010 and moved its adoption.
Amendment S-5027 lost by a voice vote.
Senator Husak offered amendment S-5025 filed by Senators Husak and
Vilsack from the floor to House amendment S-5010 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5025 to House amendment S-5010 be
adopted? (S.F. 2030) the vote was:
Ayes, 40:
Banks Bartz Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Douglas Dvorsky Fink
Flynn Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Judge
Kibbie Kramer Lind Lundby
Maddox McKean Murphy Palmer
Priebe Redfern Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 8:
Bennett Borlaug Drake Iverson
Jensen McLaren Neuhauser Rensink
Absent or not voting, 2:
Fraise Rife
Amendment S-5025 was adopted.
Senator Szymoniak moved that the Senate concur in the House
amendment as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Szymoniak moved that the bill as amended by the House,
further amended and concurred in by the Senate, 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, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer 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:
Fraise
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
2066 and 2030 be immediately messaged to the House.
INTRODUCTION OF BILLS
Senate File 2108, by Fink, a bill for an act requiring flashing
amber lights on motor vehicles used for snow removal and making existing
penalties applicable.
Read first time and passed on file.
Senate File 2109, by Giannetto, a bill for an act relating to
feedlots controlled by processors, increasing penalties, and including
enforcement provisions.
Read first time and passed on file.
APPENDIX
STUDY BILLS RECEIVED
SSB 2081
Judiciary
Relating to escape and voluntary absence from custody or a
correctional facility and increasing penalties.
SSB 2082
Judiciary
Eliminating the restitution limit for the offense of operating
while intoxicated.
SSB 2083
Judiciary
Increasing the penalties for certain offenses involving
methamphetamine.
SSB 2084
Judiciary
Increasing the penalties for certain sex crimes against persons
under the age of eighteen.
SSB 2085
Judiciary
Enhancing the penalties for a third or subsequent offense of
domestic abuse assault.
SSB 2086
Judiciary
Eliminating certain fines for violating the underage drinking
prohibitions, and providing a penalty.
SSB 2087
Judiciary
A Concurrent Resolution recognizing the women who have served Iowa
as state legislators and celebrating 100 years of women elected to state
legislatures.
SSB 2088
Judiciary
Prohibiting a person from soliciting another person to arrange a
sex act with a child and making a penalty applicable.
SSB 2089
Judiciary
Relating to access to the names of juveniles involved in delinquent
acts.
SSB 2090
Local Government
Establishing a regional equipment center, requiring the appointment
of a board of directors, authorizing the assessment of fees, and
providing a conditional effective date.
SSB 2091
Commerce
Relating to nonoccupational health care plan payments when an
employer disputes workers compensation liability.
SSB 2092
Commerce
Relating to limitations on the acquisition of banks, savings and
loan associations, and savings banks by bank holding companies.
SSB 2093
Commerce
Relating to the delay of the repeal for the exemption of certain
multiple employer welfare arrangements from regulation by the insurance
division and providing an effective date.
SSB 2094
Commerce
Relating to patient access through managed care plans or indemnity
plans with limited provider networks to defined physicians.
SUBCOMMITTEE ASSIGNMENTS
SSB 2081
JUDICIARY: Fraise, Chair; Giannetto, McKean, Redfern and Vilsack
SSB 2082
JUDICIARY: McKean, Chair; Giannetto, Neuhauser, Redfern and Vilsack
SSB 2083
JUDICIARY: Bisignano, Chair; Bartz, Giannetto, Redfern and Vilsack
SSB 2084
JUDICIARY: Maddox, Chair; Bisignano, Boettger, Giannetto and Vilsack
SSB 2085
JUDICIARY: Szymoniak, Chair; Boettger, Drake, Giannetto and Hammond
SSB 2086
JUDICIARY: McKean, Chair; Bisignano, Giannetto, Redfern and Vilsack
SSB 2087
JUDICIARY: Giannetto, Chair; Boettger, Drake, Hammond and Neuhauser
SSB 2088
JUDICIARY: Hammond, Chair; Boettger, Giannetto, Maddox and Vilsack
SSB 2089
JUDICIARY: Maddox, Chair; Bisignano, Boettger, Giannetto and Vilsack
SSB 2091
COMMERCE: Hansen, Chair; Bisignano, Freeman, Gronstal, Jensen, Palmer
and Redfern
SSB 2092
COMMERCE: Gronstal, Chair; Deluhery and Redfern
SSB 2093
COMMERCE: Palmer, Chair; Bisignano, Freeman, Gronstal, Hansen, Jensen
and Redfern
SSB 2094
COMMERCE: Gronstal, Chair; Bisignano, Freeman, Hansen, Jensen, Palmer
and Redfern
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
186 JOURNAL OF THE SENATE 23rd Day
S.F. 2094 Nat. Resources, Environ. & Energy
S.F. 2095 Appropriations
S.F. 2096 Appropriations
S.F. 2100 Judiciary
S.F. 2104 State Government
S.F. 2105 Agriculture
S.F. 2106 Ways and Means
S.F. 2107 Appropriations
S.F. 2108 Transportation
S.R. 101 State Government
H.F. 2044 Local Government
H.F. 2061 Judiciary
H.F. 2066 Transportation
H.F. 2113 Transportation
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
David Roepke and David Wieland, Aurora - For attaining the rank of
Eagle Scout. Senator Murphy (1-31-96).
Justin Brooks, Nick Dighton and Peter Hansen, Davenport - For
attaining the rank of Eagle Scout. Senator Rife (1-31-96).
Eric Ryan, Waukon - For attaining the rank of Eagle Scout. Senator
Zieman (1-31-96).
COMMITTEE REPORT
TRANSPORTATION
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Gettings, Drake, Black, Connolly, Dearden,
Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Absent
or not voting, 1: Fraise.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
23rd Day TUESDAY, JANUARY 30, 1996 187
S-5025 S.F. 2030 Emil J. Husak
Tom Vilsack
S-5026 S.F. 2066 Rod Halvorson
S-5027 S.F. 2030 Elaine Szymoniak
S-5028 H.F. 555 Larry Murphy
S-5029 S.F. 2098 Larry Murphy
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 3:16 p.m., until
9:00 a.m., Wednesday, January 31, 1996.
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