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Senate Journal: Monday, February 5, 1996

                            TWENTY-NINTH CALENDAR DAY

                             SEVENTEENTH SESSION DAY

                                 Senate Chamber

                   Des Moines, Iowa, Monday, February 5, 1996



         The Senate met in regular session at 1:51 p.m., President Boswell
    presiding.

         Prayer was offered by the Reverend Stanley Wierson, pastor of the
    First United Methodist Church, Marion, Iowa.

         The Journal of Thursday, February 1, 1996, was approved.



                             HOUSE MESSAGE RECEIVED

         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 February 1, 1996, refused to concur in the Senate amendment
    to the House amendment to the following bill in which the concurrence of
    the House was asked:

         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.



                              INTRODUCTION OF BILLS

         Senate File 2124, by Fraise, a bill for  an act relating to voter
    approval of annexation or severance proposals.

         Read first time and passed on file.

         Senate File 2125, by Tinsman, Boettger, Borlaug, Lind, Jensen, and
    Hammond, a bill for an act relating to the postdelivery care
    requirements.

         Read first time and passed on file.
         The Senate stood at ease at 1:55 p.m. until the fall of the gavel
    for the purpose of party caucuses.

         The Senate resumed session at 3:16 p.m., President Boswell
    presiding.



                      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 February 5, 1996, passed the following bill in which the
    concurrence of the Senate is asked:

         House File 459, a bill for an act relating to an extension of the
    compulsory school attendance age.

         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 47 present, 3 absent and a quorum present.



                             CONSIDERATION OF BILLS

    (Appropriations Calendar) House File 2065

         On motion of Senator Husak, 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, with report of
    committee recommending passage, was taken up for consideration.

         Senator Husak 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? (H.F. 2065) the vote was:
    Ayes, 48:


         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        Murphy
         Neuhauser     Palmer        Priebe        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 2:


         Kramer        McLaren

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    Senate File 2098

         On motion of Senator Husak, Senate File 2098, a bill for an act
    creating a lost federal funds stabilization account in the state
    treasury and providing an effective date, was taken up for
    consideration.

         Senator Murphy offered amendment S-5029 filed by him on January 30,
    1996, to page 1 of the bill.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Kramer until she arrives on request of Senator Hedge.



                                BUSINESS PENDING

    Senate File 2098

         The Senate resumed consideration of Senate File 2098 and amendment
    S-5029.
         Senator Murphy moved the adoption of amendment S-5029, which motion
    prevailed by a voice vote.

         Senator Bartz offered amendment S-5035 filed by Senators Bartz and
    Murphy on February 1, 1996, to page 1 of the bill and moved its
    adoption.

         Amendment S-5035 was adopted by a voice vote.

         Senator Banks offered amendment S-5038 filed by him from the floor
    to page 1 of the bill and moved its adoption.

         Amendment S-5038 lost by a voice vote.

         Senator Banks offered amendment S-5037 filed by him from the floor
    to page 1 of the bill and moved its adoption.

         Amendment S-5037 was adopted by a voice vote.

         Senator Lind offered amendment S-5039 filed by him from the floor
    to page 1 of the bill.

    Page 1:

         Lines 2-12 as div. A; 13-18 as div. B; 19-24 as div. C; 25-30 as
    div. D; 31-35 as div. E; 36-40 as div. F; 41-45 as div. G; 46-50 as div.
    H.

    Page 2:

         Line 1 as div. H; 2-6 as div. I; 7-12 as div. J; 13-18 as div. K;
    19-24 as div. L; 25-30 as div. M; 31-36 as div. N; 37-42 as div. O;
    43-48 as div. P; 49-50 as div. Q.

    Page 3

         Lines 1-4 as div. Q; 5-10 as div. R; 11-16 as div. S; 17-22 as div.
    T; 23-28 as div. U; 29-34 as div. Y; 35-40 as div. W; 41-46 as div. X;
    47-50 as div. Y.

    Page 4:

         Lines 1-2 as div. Y; 3-8 as div. Z; 9-14 as div. AA; 15-20 as div.
    BB; 21-26 as div. CC; 27-32 as div. DD; 33-38 as div. EE; 39-44 as div.
    FF; 45-50 as div. GG.
    Page 5:

         Lines 1-6 as div. HH; 7-12 as div. II; 13-18 as div. JJ; 19-24 as
    div. KK; 25-30 as div. LL; 31-36 as div. MM; 37-42 as div. NN; 43-48 as
    div. OO; 49-50 as div. PP.

    Page 6:

         Lines 1-4 as div. PP; 5-10 as div. QQ; 11-16 as div. RR; 17-22 as
    div. SS; 23-28 as div. TT; 29-34 as div. UU; 35-40 as div. VV; 41-46 as
    div. WW; 47-50 as div. XX.

    Page 7:

         Lines 1-2 as div. XX.

         Senator Lind withdrew his division of amendment S-5039.

         Senator Bartz asked and received unanimous consent that action  on
    amendment S-5039 and Senate File 2098 be deferred.

         The Senate stood at ease at 4:34 p.m. until the fall of the gavel
    for the preparation of an amendment.

         The Senate resumed session at 5:12 p.m., President Boswell
    presiding.



                                BUSINESS PENDING

    Senate File 2098

         The Senate resumed consideration of Senate File 2098 and amendment
    S-5039, previously deferred.

         Senator Bartz offered amendment S-5040 filed by him from the floor
    to page 2 of amendment S-5039 and moved its adoption.

         Amendment S-5040 was adopted by a voice vote.

         Senator Lind moved the adoption of amendment S-5039 as amended,
    which motion prevailed by a voice vote.

         Senator Husak 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. 2098) the vote was:
    Ayes, 31:


         Bartz         Bisignano     Black         Boswell
         Connolly      Dearden       Deluhery      Dvorsky
         Fink          Flynn         Fraise        Gettings
         Giannetto     Gronstal      Halvorson     Hammond
         Horn          Husak         Judge         Kibbie
         Lundby        McKean        Murphy        Neuhauser
         Palmer        Priebe        Rensink       Rittmer
         Sorensen      Szymoniak     Vilsack

    Nays, 18:

         Banks         Bennett       Boettger      Borlaug
         Douglas       Drake         Freeman       Hedge
         Iverson       Jensen        Kramer        Lind
         Maddox        McLaren       Redfern       Rife
         Tinsman       Zieman

    Absent or not voting, 1:

         Hansen

         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 File
    2098 and House File 2065  be immediately messaged to the House.



                             HOUSE MESSAGE RECEIVED

         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 February 5, 1996, amended and passed the following bill in
    which the concurrence of the House was asked:

         Senate File 482, a bill for an act establishing economic and other
    penalties for certain criminal activity (S-5036).
                              INTRODUCTION OF BILLS

         Senate File 2126, by Bisignano, a bill for an act providing for sex
    offender registry checks involving child day care, foster care, and
    adoption.

         Read first time and passed on file.

         Senate File 2127, by Gronstal, a bill for an act relating to the
    confidentiality of social security numbers of the owners of unclaimed
    property.

         Read first time and passed on file.
                                    APPENDIX



                          REPORTS OF COMMITTEE MEETINGS

    AGRICULTURE

    Convened: February 1, 1996, 8:06 a.m.

    Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
    Member; Banks, Black, Douglas, Giannetto, Hedge, Husak, McLaren, Palmer,
    Sorensen and Zieman.

    Members Absent: Boswell and Fraise (both excused).

    Committee Business: Presentation by farm section of attorney generals
    office.

    Adjourned: 8:48 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION

    Convened: February 1, 1996, 9:50 a.m.

    Members Present: Judge, Chair; Sorensen, Vice Chair and Bartz, Ranking
    Member.

    Members Absent: Horn and Lundby (both excused).

    Committee Business: Presentation by the department of commerce.

    Adjourned: 10:25 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES

    Convened: February 1, 1996, 10:00 a.m.

    Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking Member
    and Bennett.

    Members Absent: Gettings.

    Committee Business: Presentation on odor research and other related
    areas by Iowa state university.

    Adjourned: 11:25 a.m.
    APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

    Convened: February 1, 1996, 10:05 a.m.

    Members Present: Vilsack, Chair; Bisignano, Vice Chair; Hansen and
    Zieman.

    Members Absent: Borlaug, Ranking Member (excused).

    Committee Business: Presentations by regents, DED - international
    division, department of agriculture - international marketing.

    Adjourned: 11:40 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

    Convened: February 1, 1996, 10:05 a.m.

    Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
    Member; Fink and Freeman.

    Members Absent: none.

    Committee Business: Presentations by representatives of osteopathic
    medicine university, state work force and department of education.

    Adjourned: 11:36 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

    Convened: February 1, 1996, 10:04 a.m.

    Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
    Member; Boettger and Dearden.

    Members Absent: none.

    Committee Business: Overview of the caring program by the department of
    human rights and department of management.

    Adjourned: 11:43 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

    Convened: February 1, 1996, 10:07 a.m.
    Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
    Member; Deluhery and Rittmer.

    Members Absent; none.

    Committee Business: Discussed listening post on medical assistance.

    Adjourned: 11:50 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM

    Convened: February 1, 1996, 10:13 a.m.

    Members Present: Neuhauser, Chair; Gronstal, Vice Chair; McLaren,
    Ranking Member and Maddox.

    Members Absent: Boswell (excused).

    Committee Business: Presentation by the director of the DOT regarding
    FTE and budget allocation costs.

    Adjourned: 11:30 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
    CAPITALS

    Convened: February 1, 1996, 10:00 a.m.

    Members Present: Halvorson, Chair; Douglas, Ranking Member and Murphy.

    Members Absent: Palmer, Vice Chair and Jensen (both excused).

    Committee Business: Budget presentations by the departments of human
    services, public safety and employment services capital projects.

    Adjourned: 11:35 a.m.



                      REPORT OF THE SECRETARY OF THE SENATE

         MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
    engrossing Senate File 2080, the following correction was made:
         1. Page 24, line 31, the word and number Section 65 were changed to
    the word and number Section 60.

    JOHN F. DWYER Secretary of the Senate

                           CERTIFICATE OF RECOGNITION

         The secretary of the senate issued the following certificate of
    recognition:

         To the family of Edmundo F. Rivera - For Mr. Riveras forty-five
    years of unselfish time and efforts to the youth community of South Des
    Moines, and to extend condolences of his loss to family and friends.
    Senator Bisignano (1/31/96).



                              STUDY BILLS RECEIVED

    SSB 2111
         State Government

         Repealing the prohibition on political activity by a member,
    officer, or employee of the natural resource commission.

    SSB 2112
         Transportation

         Relating to motorcycle rider education and providing an effective
    date.

    SSB 2113
         State Government

         Providing that member contributions under certain public retirement
    systems are considered employer contributions for state income tax
    purposes, and providing applicability and effective date provisions.

    SSB 2114
         State Government

         Relating to legal publications and related products prepared and
    distributed under the authority of the general assembly.

    SSB 2115
         State Government

         Concerning employment rights of fire fighters under civil service
    who are elected as an officer in certain professional fire fighter
    organizations, and providing an effective date.
    SSB 2116
         State Government

         Relating to motor vehicle records and providing an effective date.

    SSB 2117
         Human Resources

         Relating to the establishment of income eligibility guidelines for
    state supplementary assistance for individuals residing in a residential
    care facility.



                            SUBCOMMITTEE ASSIGNMENTS

                                Senate File 2105

    AGRICULTURE: Giannetto, Chair; Judge and Lundby

                                Senate File 2109

    AGRICULTURE: Giannetto, Chair; Judge and Lundby

                                Senate File 2111

    STATE GOVERNMENT: Kibbie, Chair; Drake and Giannetto

                                Senate File 2112

    TRANSPORTATION: Gettings, Chair; Fraise and Jensen

                                    SSB 2109

    JUDICIARY: Vilsack, Chair; Bisignano, Boettger, Drake and Giannetto

                                    SSB 2110

    JUDICIARY: Redfern, Chair; Giannetto, Maddox, Neuhauser and Vilsack SSB
                                      2111

    STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer

                                    SSB 2112

    TRANSPORTATION: Connolly, Chair; Gettings and Lind
                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee:


         S.F.          2117          Agriculture
         S.F.          2118          Appropriations
         S.F.          2119          Ways and Means
         S.F.          2121          State Government
         S.F.          2122          State Government
         S.F.          2123          Commerce
         S.F.          2124          Local Government
         S.F.          2125          Commerce



                                AMENDMENTS FILED


         S-5036        S.F.          482           House amendment
         S-5037        S.F.          2098          Brad Banks
         S-5038        S.F.          2098          Brad Banks
         S-5039        S.F.          2098          Jim Lind
         S-5040        S.F.          2098          Merlin E. Bartz



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 5:46 p.m., until
    9:00 a.m., Tuesday, February 6, 1996.

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