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THIRTIETH CALENDAR DAY EIGHTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 6, 1996 The Senate met in regular session at 9:00 a.m., President Boswell presiding. Prayer was offered by Father Thomas Geelan, pastor of the Sacred Heart Catholic Church, Boone, Iowa. The Journal of Monday, February 5, 1996, was approved. The Senate stood at ease at 9:05 a.m. until the fall of the gavel. The Senate resumed session at 9:09 a.m., President Boswell presiding. RECESS On motion of Senator Horn, the Senate recessed at 9:11 a.m., until 1:30 p.m. APPENDIX COMMUNICATIONS RECEIVED The following communications were received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: July 5, 1995 AUDITOR OF STATE An audit covering the fiscal year ending June 30, 1994. January 19, 1996 THE IOWA INSURANCE COMMISSIONER As authorized under Senate File 347, a study to determine whether expanded preventive care services, mental health and substance abuse treatment coverage is cost-effective and should be included in the basic health benefit plan. IOWA UNDERGROUND STORAGE TANK Pursuant to House File 508, a study of the underground storage tank polluution liability market and privatization option. January 22, 1996 IOWA DEPARTMENT OF PUBLIC HEALTH Pursuant to Iowa Code Ch. 8D.10 the Fiscal Year 1995 Annual Report on the use of the Iowa Communications Network. IOWA DEPARTMENT OF PUBLIC HEALTH Pursuant to Iowa Code ch. 125.21, the Iowa Substance Abuse Report for 1995. IOWA DEPARTMENT OF TRANSPORTATION A copy of the 1995 Iowa Airport Sufficiency Ratings, as required by Chapter 328.12 of the Code of Iowa. A copy of the 1996-2000 Transportation Improvement Program, as required by 307A.2(12) of the Code of Iowa. DEPARTMENT OF EDUCATION A copy of the Truancy Report for the 1994-95 School Year, as required by Senate File 266. January 23, 1996 IOWA DEPARTMENT OF TRANSPORTATION An Annual Report certifying the identified savings associated with the state agencys use of the ICN, as required by Iowa Code. DEPARTMENT OF HUMAN SERVICES A report to research the feasibility of establishing community-based residential programs or second chance homes for young mothers and children, as required by Senate File 462, section 1, subsection 5. January 24, 1996 DEPARTMENT OF MANAGEMENT In accordance with Chapter 8.6(2) of the Code of Iowa, the Statement of Standing Appropriations report for the fiscal year ending June 30, 1995. VENTURE CAPITAL RESOURCES FUND Financial Report, September 30, 1995. January 25, 1996 DEPARTMENT OF EDUCATION As required by Senate File 266, copies of the Permanent School fund Study. As required by Senate File 266, a Study of Use of Management Information Systems for the Department of Education. DEPARTMENT OF JUSTICE Senate File 432 (1995), 95 Acts, Chapter 144, amended the Sexually Violent Predator Act and provided for a departmental study of the legal issues, costs, and alternatives to civil commitment of violent sex offenders. This is the final report. January 26, 1996 DEPARTMENT OF ELDER AFFAIRS The interim report of the Pre-admission Screening and Assessment Pilot Project outcomes and goals Pursuant to HF 582 of the 1994 Session. IOWA CITIZENS AIDE/OMBUDSMAN OFFICE Quarterly Report for Period ending December 15, 1995. January 29, 1996 IOWA CIVIL RIGHTS COMMISSION Fiscal Year 1995 Annual Report pursuant to Chapter 17, Code of Iowa. IOWA DEPARTMENT OF PUBLIC HEALTH Annual Report fiscal Year 1995, on Public Health Nursing Program. January 30, 1996 IOWA UNDERGROUND STORAGE TANK Financial Responsibility Program A study on the expansion of the innocent landowner benefits created by 1995 Iowa Acts, Chapter 215. IOWA CHMIS Report pursuant to Chapter 144C. IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP A report according to Section 201.3 of the Iowa Agricultural Limestone Act, Chapter 201, Code of Iowa 1985. IOWA DEPARTMENT OF CORRECTIONS As required by SF 459, Section 4, subsection 3, a report on cost-analysis comparing leasing and existing building, new construction, and renovation of a building for use as a community corrections facility and office in Ft. Dodge. January 31, 1996 DEPARTMENT OF ECONOMIC DEVELOPMENT FY 95 Annual Report of the Iowa Conservation Corps. IOWA DEPARTMENT OF REVENUE AND FINANCE Annual Report 1995. STATE BOARD OF REGENTS Pursuant to Section 262.9, Code of Iowa 1993, a report providing the current status on purchase and use of soybean-based inks and starch-based alternatives available. Information on achievement of environmental mandates required by Executive Orders 36 and 37 and Chapter 455D, Code of Iowa 1993. STATE OF IOWA Office of Treasurer of State As per Code chapter 12.38, the Linked Investments For Tomorrow Annual Report. DEPARTMENT OF HUMAN RIGHTS Iowa Commission on the Status of Women Annual Report. February 1, 1996 IOWA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS Annual Report 1995. THE COUNCIL OF STATE GOVERNMENTS NEW reports of award-winning state programs. DEPARTMENT OF ECONOMIC DEVELOPMENT HF 132 - CEBA Resource Management DEPARTMENT OF EDUCATION The Open Enrollment Report of 1994-95 school year as required by SF 59 as amended by HF 774, section 81. February 2, 1996 IOWA HEALTHY FAMILY PROGRAM Report on FY 95 Activities. COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE CONCURRENT RESOLUTION 32, a resolution to urge the federal government to ensure fair and competitive market practices for the purchase of livestock from producers by packers and livestock buyers. Recommendation: DO PASS. Final Vote: Ayes, 15: Priebe, Judge, Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak, Lundby, McLaren, Palmer, Sorensen and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 104, a resolution requesting Iowa State University to establish an Iowa Agriculture 2000 Conference in order to provide information to independent agricultural producers regarding production and marketing structures. Recommendation: DO PASS. Final Vote: Ayes, 9: Priebe, Banks, Black, Boswell, Douglas, Hedge, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 6: Judge, Fraise, Giannetto, Husak, Palmer and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2130 (SSB 2075), a bill for an act eliminating the requirement to commence litigation involving shipments of plants infested with gypsy moths, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Priebe, Banks, Black, Douglas, Hedge, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 7: Judge, Boswell, Fraise, Giannetto, Husak, Palmer and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SUBCOMMITTEE ASSIGNMENTS Senate File 2095 APPROPRIATIONS: Fraise, Chair; Gronstal and Iverson Senate File 2096 APPROPRIATIONS: Gronstal, Chair; Banks, Judge, Kramer and Vilsack Senate File 2107 APPROPRIATIONS: Fraise, Chair; Iverson and Murphy Senate File 2118 APPROPRIATIONS: Halvorson, Chair; Douglas and Husak Senate File 2121 STATE GOVERNMENT: Dearden, Chair; Bennett and Bisignano Senate File 2122 STATE GOVERNMENT: Gronstal, Chair; Drake and Kibbie House File 2114 APPROPRIATIONS: Murphy, Chair; Husak and Lind SSB 2106 SMALL BUSINESS, ECON. DEVLPT. AND TOURISM: Judge, Chair; Boettger, Flynn, Kibbie and Maddox SSB 2113 STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer SSB 2114 STATE GOVERNMENT: Gronstal, Chair; Giannetto and Lind SSB 2115 STATE GOVERNMENT: Fink, Chair; Connolly and Drake SSB 2116 STATE GOVERNMENT: Halvorson, Chair; Gronstal and McLaren SSB 2117 HUMAN RESOURCES: Hammond, Chair; Szymoniak and Tinsman LSB 4245 APPROPRIATIONS: Gronstal, Chair; Fraise and Iverson AMENDMENTS FILED S-5041 S.F. 2102 Brad Banks S-5042 S.F. 2102 Brad Banks S-5043 S.F. 2102 Brad Banks AFTERNOON SESSION The Senate reconvened at 1:55 p.m., President Boswell presiding. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 105, by Fraise, a concurrent resolution in support of maintaining the Mississippi River as a major transportation route for various products shipped into and out of the Upper Mississippi region. Read first time and passed on file. INTRODUCTION OF BILLS Senate File 2128, by Murphy, Gronstal, Drake, and Bennett, a bill for an act relating to the road use tax fund by allocating fines and fees for commercial vehicle violations to the road use tax fund, appropriating moneys to the road use tax fund from sales tax revenues, and appropriating moneys for funding recreational trails from the general fund of the state. Read first time and passed on file. Senate File 2129, by Murphy, a bill for an act relating to bond issuance elections and authorizing a political subdivision to impose a local tax, in addition to property taxes, to partially fund certain bonds, providing a property tax credit, and providing for the Acts applicability. Read first time and passed on file. Senate File 2130, by committee on Agriculture, a bill for an act eliminating the requirement to commence litigation involving shipments of plants infested with gypsy moths, and providing an effective date. Read first time and placed on calendar. Senate File 2131, by Szymoniak and Sorensen, a bill for an act relating to a continuing appropriation for city capital projects and major equipment. Read first time and passed on file. Senate File 2132, by Black, a bill for an act relating to the allocation of the state ceiling on the issuance of tax exempt private activity bonds. Read first time and passed on file. Senate File 2133, by Black, a bill for an act relating to the statewide applicability of real estate improvement districts and providing an effective date. Read first time and passed on file. Senate File 2134, by Kibbie, a bill for an act relating to the collection and reporting of information concerning persons who purchase individual health insurance coverage and providing for related matters. Read first time and passed on file. The Senate stood at ease at 1:58 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 2:46 p.m., President Boswell presiding. BILL ASSIGNED TO COMMITTEE President Boswell announced that Senate File 2128 was assigned to committee on Appropriations. APPENDIX STUDY BILLS RECEIVED SSB 2118 Human Resources Relating to dependent adult abuse and providing penalties. SSB 2119 Local Government Relating to county mental health and developmental disability funding. SSB 2120 Small Business/Economic Development Relating to the powers, duties, and mission of the Wallace technology transfer foundation. SSB 2121 Commerce Relating to the percentage of the legal reserve of a life insurance company which may be invested in certain corporate obligations. SSB 2122 Commerce Relating to the requirement of notifying a consumer of a change in the terms of an open-end credit agreement. SSB 2123 Commerce Relating to the prepayment of loans sold into the agricultural mortgage secondary market by providing for interest and penalties. SSB 2124 Commerce Adopting the uniform transfer on death security registration Act. SSB 2125 Commerce Relating to entities and subject matter under the regulatory authority of the securities bureau of the division of insurance. SSB 2126 Transportation Making transportation-related Code changes including providing for a temporary registration permit and increasing registration fees for certain trailers. SSB 2127 Human Resources Relating to the continued existence of the prevention of disabilities policy council and technical assistance committee and providing an effective date. BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.F. 2120 Commerce S.F. 2126 Human Resources S.F. 2127 State Government S.F. 2129 Ways and Means S.F. 2131 Local Government S.F. 2132 Ways and Means S.F. 2133 State Government S.F. 2134 Human Resources S.C.R. 105 Transportation H.F. 459 Education SUBCOMMITTEE ASSIGNMENTS Senate File 2123 COMMERCE: Palmer, Chair; Bisignano, Freeman, Gronstal, Hansen, Jensen and Redfern Senate File 2125 COMMERCE: Gronstal, Chair; Bisignano, Freeman, Hansen, Jensen, Palmer and Redfern Senate File 2128 APPROPRIATIONS: Gronstal, Chair; Douglas and Halvorson SSB 2118 HUMAN RESOURCES: Szymoniak, Chair; Boettger and Dvorsky SSB 2120 SMALL BUSINESS, ECON. DEV. & TOURISM: Flynn, Chair; Maddox and Palmer SSB 2121 COMMERCE: Palmer, Chair; Bisignano, Freeman, Gronstal, Hansen, Jensen and Redfern SSB 2122 COMMERCE: Deluhery, Chair; Bartz and Husak SSB 2123 COMMERCE: Deluhery, Chair; Douglas, Husak, Jensen and Priebe SSB 2124 COMMERCE: Redfern, Chair; Deluhery and Flynn SSB 2125 COMMERCE: Deluhery, Chair; Flynn and Redfern SSB 2126 TRANSPORTATION: Gettings, Chair; Drake and Fink COMMITTEE REPORTS AGRICULTURE Final Bill Action: *SENATE FILE 2135 (SSB 2076), a bill for an act providing for the organization of cooperative corporations, providing for fees, and providing for penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Priebe, Judge, Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak, Lundby, McLaren, Palmer, Sorensen and Zieman. Nays, none. 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 Agriculture Committee on Senate File 2135 and they were attached to the committee report. APPROPRIATIONS Final Bill Action: SENATE FILE 2128, a bill for an act relating to the road use tax fund by allocating fines and fees for commercial vehicle violations to the road use tax fund, appropriating moneys to the road use tax fund from sales tax revenues, and appropriating moneys for funding recreational trails from the general fund of the state. Recommendation: DO PASS. Final Vote: Ayes, 24: Murphy, Boswell, Lind, Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Nays, none. Absent or not voting, 1: Kramer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2142 (SSB 2128), a bill for an act relating to crime prevention by creating a local corrections infrastructure grant program, authorizing the use of bonding, making appropriations, imposing a civil penalty for certain motor vehicle license revocations, imposing a surcharge on criminal fines and forfeitures, providing for mandatory wage assignment for certain delinquent fines, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 16: Murphy, Boswell, Bisignano, Black, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Judge, Kibbie, Neuhauser, Tinsman and Vilsack. Nays, 7: Lind, Banks, Bartz, Borlaug, Douglas, Iverson and Rensink. Absent or not voting, 2: Kramer and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: SENATE FILE 401, a bill for an act relating to consumer-related actions. Recommendation: DO PASS. Final Vote: Ayes, 15: Deluhery, Hansen, Jensen, Bartz, Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: SENATE FILE 2138 (SSB 2119), a bill for an act relating to county mental health and developmental disability funding. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Sorensen, Fink, Black, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman. Nays, none. Absent or not voting, 1: Maddox. Fiscal Note: REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: SENATE FILE 2139 (SSB 2104), a bill for an act relating to hazardous materials transportation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2140 (SSB 2040), a bill for an act increasing the speed limit on certain highways and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2141 (SSB 2112), a bill for an act relating to motorcycle rider education and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Gettings, Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, 1: Fraise. Pass, 1: Drake. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. INTRODUCTION OF BILLS Senate File 2135, by committee on Agriculture, a bill for an act providing for the organization of cooperative corporations, providing for fees, and providing for penalties. Read first time under Rule 28 and placed on calendar. Senate File 2136, by McLaren and Banks, a bill for an act relating to the county zoning of animal feeding operations based upon a county-wide nitrogen analysis. Read first time under Rule 28 and passed on file. Senate File 2137, by Fink, a bill for an act relating to school employee sick leave. Read first time under Rule 28 and passed on file. Senate File 2138, by committee on Local Government, a bill for an act relating to county mental health and developmental disability funding. Read first time under Rule 28 and placed on calendar. Senate File 2139, by committee on Transportation, a bill for an act relating to hazardous materials transportation. Read first time under Rule 28 and placed on calendar. Senate File 2140, by committee on Transportation, a bill for an act increasing the speed limit on certain highways and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2141, by committee on Transportation, a bill for an act relating to motorcycle rider education and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2142, by committee on Appropriations, a bill for an act relating to crime prevention by creating a local corrections infrastructure grant program, authorizing the use of bonding, making appropriations, imposing a civil penalty for certain motor vehicle license revocations, imposing a surcharge on criminal fines and forfeitures, providing for mandatory wage assignment for certain delinquent fines, and providing an effective date. Read first time under Rule 28 and placed on Appropriations Calendar. AMENDMENTS FILED S-5044 S.F. 2101 Elaine Szymoniak S-5045 S.F. 2106 Merlin E. Bartz ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 2:46 p.m., until 9:00 a.m., Wednesday, February 7, 1996.
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