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TWENTY-FOURTH CALENDAR DAY
FIFTEENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, January 31, 1996
The Senate met in regular session at 9:00 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Glenn Kappelmann, pastor of the
First Lutheran and Vernon Lutheran Churches, Dows, Iowa.
The Journal of Tuesday, January 30, 1996, was approved.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was 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 bill in which the
concurrence of the Senate is asked:
House File 2114, a bill for an act relating to and making
supplemental appropriations for the fiscal year beginning July 1, 1995,
and providing an effective date.
This bill was read first time and passed on file.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2083
On motion of Senator Connolly, Senate File 2083, a bill for an act
relating to minimum instructional time requirements for a school week,
was taken up for consideration.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Kramer and Bennett until they arrive on request of Senator
Bartz.
BUSINESS PENDING
Senate File 2083
The Senate resumed consideration of Senate File 2083.
Senator Connolly 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. 2083) the vote was:
Ayes, 46:
Banks Bartz Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, none.
Absent or not voting, 4:
Bennett Gettings Kramer Palmer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2087
On motion of Senator Giannetto, Senate File 2087, a bill for an act
providing that appeal of certain sentences be by writ of certiorari, was
taken up for consideration.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Gettings and Palmer until they arrive on request of
Senator Kibbie.
BUSINESS PENDING
Senate File 2087
The Senate resumed consideration of Senate File 2087.
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. 2087) the vote was:
Ayes, 46:
Banks Bartz Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, none.
Absent or not voting, 4:
Bennett Gettings Kramer Palmer
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
2083 and 2087 be immediately messaged to the House.
RECESS
On motion of Senator Horn, the Senate recessed at 9:14 a.m., until
2:00 p.m.
APPENDIX
PRESENTATION OF VISITORS
The following delegation from sister city Smila, Ukraine were
present in the Senate chamber on January 30, 1996, as the guests of
Senator Black:
Consulate General Victor Kyryck from Ukraine in Chicago; Consul for
Economic Affairs Yuri Pavlov from Ukraine in Chicago; Oleksandr Kotkolo,
mayor of Smila; Yuri Malovichko; Seman Yatsenko; Oleksandr Boldirev;
Aratoliy Ratai and interprter Vladimir Basis.
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION
Convened: January 30, 1996, 9:50 a.m.
Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
Member and Lundby.
Members Absent: Horn (excused).
Committee Business: Presentations by the office of state-federal
relations and the office of the governor.
Adjourned: 11:05 a.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
Convened: January 30, 1996, 9:53 a.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking
Member; Bennett and Gettings.
Members Absent: none.
Committee Business: Budget presentation by the soil conservation
division on FY1997 requests and the soil conservation cost share
programs.
Adjourned: 10:55 a.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: January 30, 1996, 9:55 a.m.
Members Present: Vilsack, Chair; Borlaug, Ranking Member; Hansen and
Zieman.
Members Absent: Bisignano, Vice Chair (excused).
Committee Business: Presentations by DED/business development division
and Iowa seed capital corporation.
Adjourned: 10:40 a.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: January 30, 1996, 9:56 a.m.
Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
Member; Fink and Freeman.
Members Absent: none.
Committee Business: Presentations by the vocational rehabilitation
division of the department of education, Iowa public television, and
board of educational examiners.
Adjourned: 11:38 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: January 30, 1996, 9:50 a.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: Budget presentations by the department for the
blind, department of elder affairs and Iowa association of area agencies
on aging.
Adjourned: 11:47 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: January 30, 1996, 9:50 a.m.
Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
Member; Deluhery and Rittmer.
Members Absent: none.
Committee Business: Presentation by the Dubuque area human services
providers and comments from representatives of the DHS.
Adjourned: 11:15 a.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: January 30, 1996, 9:57 a.m.
Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking
Member; Husak and Redfern.
Members Absent: none.
Committee Business: Presentation by the department of corrections.
Adjourned: 11:48 a.m.
APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM
Convened: January 30, 1996, 10:05 a.m.
Members Present: Neuhauser, Chair; Gronstal, Vice Chair and Maddox.
Members Absent: McLaren, Ranking Member and Boswell.
Committee Business: Presentation by Counsel of the administrative rules
review committee on proposed revisions of the Iowa administrative
procedures act (Iowa Code Chapter 17A).
Adjourned: 11:20 a.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
CAPITALS
Convened: January 30, 1996, 9:52 a.m.
Members Present: Halvorson, Chair; Douglas, Ranking Member; Jensen and
Murphy.
Members Absent: Palmer, Vice Chair (excused).
Committee Business: Presentation by the board of regents on capitals
projects requests.
Adjourned: 11:09 a.m.
AGRICULTURE
Convened: January 30, 1996, 8:11 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
McLaren, Palmer and Zieman.
Members Absent: Black and Sorensen.
Committee Business: Deferred action on co-op bill.
Adjourned: 9:15 a.m.
COMMERCE
Convened: January 30, 1996, 3:56 p.m.
Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
Member; Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge,
Husak, Lundby, Palmer, Priebe and Redfern.
Members Absent: none.
Committee Business: Assigned bills to subcommittees; presentation by the
state attorney general on consumer protection activities.
Adjourned: 4:37 p.m.
LOCAL GOVERNMENT
Convened: January 30, 1996, 4:01 p.m.
Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
Member; Black, Halvorson, Judge, McKean, Rittmer and Zieman.
Members Absent: Fraise (excused).
Committee Business: Assigned bills to subcommittees; presentations by
the league of cities and ISAC.
Adjourned: 4:49 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM
Convened: January 30, 1996, 3:21 p.m.
Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
Member; Bennett, Boettger, Borlaug, Flynn, Giannetto, Kibbie, Maddox,
McKean, Palmer, Sorensen and Vilsack.
Members Absent: Szymoniak.
Committee Business: Presentation by representatives of the national
native american war memorial complex in rural Crawford county.
Adjourned: 3:53 p.m.
TRANSPORTATION
Convened: January 30, 1996, 3:25 p.m.
Members Present: Gettings, Chair; Drake, Ranking Member; Black,
Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer.
Members Absent: Fraise, Vice Chair (excused).
Committee Business: Recomended passage of House File 2001; recommended
passage of House File 419 as amended; amended and approved SSB 2041 as a
committee bill.
Adjourned: 3:50 p.m.
COMMITTEE REPORTS
TRANSPORTATION
Final Bill Action: HOUSE FILE 419, a bill for an act providing for class
C area service system roads and providing a penalty.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5030.
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.
ALSO:
Final Bill Action: *SENATE FILE 2110 (SSB 2041), a bill for an act
relating to the establishment of an anatomical gift awareness and
transplantation fund to be administered by an anatomical gift advisory
committee to be established within the Iowa department of public health.
Recommendation: APPROVED COMMITTEE BILL.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Transportation
Committee on Senate File 2110 and they were attached to the committee
report.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2059
LOCAL GOVERNMENT: Judge, Chair; Black and Zieman
Senate File 2093
NAT. RESOURCES, ENVIR. & ENERGY: Dearden, Chair; Black and Rensink
Senate File 2094
NAT. RESOURCES, ENVIR. & ENERGY: Kibbie, Chair; Gronstal, Judge, Lundby
and Rensink
SSB 2090
LOCAL GOVERNMENT: Halvorson, Chair; Judge and Zieman
AFTERNOON SESSION
The Senate reconvened at 2:42 p.m., President Boswell presiding.
INTRODUCTION OF BILLS
Senate File 2110, by committee on Transportation, a bill for an
act relating to the establishment of an anatomical gift public awareness
and transplantation fund to be administered by and an anatomical gift
public awareness advisory committee to be established within the Iowa
department of public health.
Read first time and placed on calendar.
Senate File 2111, by Giannetto, a bill for an act establishing the
position of veterans advocate under the authority of the attorney
general to be housed in the office of commission of veterans affairs and
making an appropriation.
Read first time and passed on file.
Senate File 2112, by Husak, a bill for an act creating an Amana
road fund board, providing for use of road moneys by the board, and
providing an effective date.
Read first time and passed on file.
Senate File 2113, by Banks, a bill for an act relating to the
confinement of juveniles in jails.
Read first time and passed on file.
APPENDIX
EXPLANATION OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
January 30, 1996, when the votes were taken on amendment S-5025 to House
amendment S-5010 to Senate File 2030 and final passage of Senate Files
2030 and 2066.
Had I been present, I would have voted aye on the above.
EUGENE FRAISE
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2109 Agriculture
S.F. 2111 State Government
S.F. 2112 Transportation
S.F. 2113 Judiciary
H.F. 2114 Appropriations
STUDY BILLS RECEIVED
SSB 2095
Education
Relating to school finance by extending budget adjustment guarantee
provisions for an additional budget year and providing an effective
date.
SSB 2096
Education
Relating to establishment of a school improvement technology
program, and making appropriations.
SSB 2097
Education
Relating to textbooks.
SSB 2098
Education
Relating to evaluator licensing of educators.
SSB 2099
Judiciary
Regulating wild dangerous animals, providing for their seizure,
impoundment, and disposition, and providing penalties.
SSB 2100
Natural Resources, Environment & Energy
Relating to the midwest interstate compact on low-level radioactive
waste and establishing a penalty.
SSB 2101
State Government
Relating to the appointment of the director of the department of
commerce.
SSB 2102
Commerce
Relating to the procedures for disposition of the contents of a
decedents safe deposit box.
SSB 2103
Agricultural
Providing an exemption to the corporate farming law and
establishing the manner of organizing and operating a new type of
agricultural cooperative.
SSB 2104
Transportation
Relating to hazardous materials transportation.
SSB 2105
Human Resources
Relating to the prohibition of the preventing or impeding of the
donation of an anatomical gift and providing sanctions.
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 101
STATE GOVERNMENT: Gronstal, Chair; Drake and Kibbie
Senate File 2090
STATE GOVERNMENT: Halvorson, Chair; Bennett and Fink
Senate File 2104
STATE GOVERNMENT: Halvorson, Chair; Dearden and Drake
Senate File 2108
TRANSPORTATION: Fink, Chair; Dearden and Jensen
House File 2066
TRANSPORTATION: Rittmer, Chair; Connolly and Gettings
House File 2113
TRANSPORTATION: Black, Chair; Halvorson and Lind
SSB 2100
NATURAL RESOURCES, ENVIRON. & ENERGY: Fink, Chair; Gronstal and Lundby
SSB 2101
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
SSB 2102
COMMERCE: Palmer, Chair; Deluhery and Jensen
SSB 2103
AGRICULTURE: Priebe, Chair; Banks and Boswell
SSB 2104
TRANSPORTATION: Douglas, Chair; Dearden and Fraise
COMMITTEE REPORTS
COMMERCE
Final Bill Action: HOUSE FILE 511, a bill for an act relating to
open-end credit pursuant to a credit card, including the permissible
over-limit or delinquency charges, the offering of credit unemployment
insurance, and the time requirements for making certain payments.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5031.
Final Vote: Ayes, 12: Deluhery, Jensen, Bisignano, Douglas, Flynn,
Freeman, Gronstal, Hedge, Husak, Lundby, Priebe and Redfern. Nays, 2:
Gettings and Palmer. Pass, 1: Hansen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5030 H.F. 419 Transportation
S-5031 H.F. 511 Commerce
S-5032 S.F. 2102 Mary Kramer
Nancy Boettger
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 2:45 p.m., until
9:00 a.m., Thursday, February 1, 1996.
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Index: Senate Journal (76th General Assembly: Session 2)
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