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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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