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Senate Journal: Tuesday, February 6, 1996

                             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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