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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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