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THIRTY-FIRST CALENDAR DAY NINETEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 7, 1996 The Senate met in regular session at 9:04 a.m., President Boswell presiding. Prayer was offered by Father Ralph Simington, pastor of the St. Marys Catholic Church, Marshalltown, Iowa. The Journal of Tuesday, February 6, 1996, was approved. INTRODUCTION OF BILL Senate File 2143, by Boswell, a bill for an act relating to the establishing of a truancy school in each area education agency, defining certain truants as children in need of assistance or as delinquents, making an appropriation, providing for properly related matters, and providing a conditional effective date. Read first time and passed on file. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Judge until she arrives on request of Senator Sorensen. CONSIDERATION OF BILL (Regular Calendar) Senate File 2088 On motion of Senator Giannetto, Senate File 2088, a bill for an act prohibiting abuse of a human corpse, and providing a penalty, was taken up for consideration. Senator Giannetto 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. 2088) the vote was: Ayes, 47: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 3: Gronstal Judge Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Horn asked and received unanimous consent that Senate File 2088 be immediately messaged to the House. RECESS On motion of Senator Horn, the Senate recessed at 9:14 a.m., until 1:30 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 6, 1996, 8:02 a.m. Members Present: Priebe, Chair; Judge, Vice Chair; Banks, Ranking Member; Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak, Lundby, McLaren, Palmer, Sorensen and Zieman. Members Absent: none. Committee Business: Approved SSBs 2075 and 2076 as committee bills; recommended passage of Senate Concurrent Resolutions 104 and 32. Adjourned: 8:20 a.m. APPROPRIATIONS Convened: February 6, 1996, 4:40 p.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Members Absent: Kramer (excused). Committee Business: Recommended passage of Senate File 2128; approved SSB 2128 as a committee bill. Adjourned: 5:50 p.m. COMMERCE Convened: February 6, 1996, 3:47 p.m. Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking Member; Bartz, Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern. Members Absent: none. Committee Business: Assigned bills to subcommittees; recommended passage of Senate File 401. Adjourned: 3:54 p.m. LOCAL GOVERNMENT Convened: February 6, 1996, 3:52 p.m. Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking Member; Black, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman. Members Absent: none. Committee Business: Assigned bills to subcommittees; amended and approved SSB 2107 as a committee bill; approved SSB 2119 as a committee bill. Adjourned: 4:26 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: February 6, 1996, 2:53 p.m. Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking Member; Bennett, Boettger, Borlaug, Flynn, Giannetto, Kibbie, Maddox, McKean, Palmer, Sorensen, Szymoniak and Vilsack. Members Absent: none. Committee Business: Assigned bills to subcommittees; presentation by the director of the department of economic development. Adjourned: 3:44 p.m. TRANSPORTATION Convened: February 6, 1996, 2:57 p.m. Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Members Absent: none. Committee Business: Approved SSBs 2112, 2104 and 2040 as committee bills. Adjourned: 3:28 p.m. APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 6, 1996, 10:00 a.m. Members Present: Judge, Chair; Sorensen, Vice Chair and Bartz, Ranking Member. Members Absent: Horn and Lundby (both excused). Committee Business: Toured lottery headquarters. Adjourned: 11:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 6, 1996, 10:00 a.m. Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking Member; Bennett and Gettings. Members Absent: none. Committee Business: Presentation by the department of economic development and department of agriculture and land stewardship regarding international trade and the transfer of the international trade section of the agriculture marketing bureau in the DALS; Also, presentation on the value-added agricultural products and processes program in DED and the renewable fuels program in DALS. Adjourned: 11:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 6, 1996, 10:00 a.m. Members Present: Vilsack, Chair; Bisignano, Vice Chair; Borlaug, Ranking Member; Hansen and Zieman. Members Absent: none. Committee Business: Presentations by DED workforce development; DED summary by the director; and Iowa seed capital corporation. Adjourned: 11:55 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 6, 1996, 10:00 a.m. Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Rankaing Member; Fink and Freeman. Members Absent: none. Committee Business: Presentations by AEA representative, FINE, director, belin talented and gifted center director. Adjourned: 11:53 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 6, 1996, 10:00 a.m. Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking Member; Deluhery and Rittmer. Members Absent: none. Committee Business: Discussed promise jobs program and welfare reform. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 6, 1996, 10:05 a.m. Members Present: Fraise, Chair; Dvorsky, Vice Chair; Husak and Redfern. Members Absent: Iverson, Ranking Member (excused). Committee Business: Presentation by the department of corrections. Adjourned: 11:46 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM Convened: February 6, 1996, 10:05 a.m. Members Present: Neuhauser, Chair; Gronstal, Vice Chair; McLaren, Ranking Member and Maddox. Members Absent: Boswell (excused). Committee Business: Presentation by the state auditors office regarding the second installment of reports analyzing long-term care issues. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 6, 1996, 10:04 a.m. Members Present: Halvorson, Chair; Palmer, Vice Chair; Douglas, Ranking Member; Jensen and Murphy. Members absent: none. Committee Business: Budget presentation by the Iowa telecommunications and technology commission. Adjourned: 11:33 a.m. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 105 TRANSPORTATION: Fraise, Chair; Dearden, Drake and Rittmer Senate File 2117 AGRICULTURE: Husak, Chair; Douglas and Judge House File 2044 LOCAL GOVERNMENT: Sorensen, Chair; Fraise and Maddox SSB 2107 LOCAL GOVERNMENT: Sorensen, Chair; Judge and Rittmer SSB 2119 LOCAL GOVERNMENT: Judge, Chair; McKean and Sorensen CERTIFICATES OF RECOGNITION The secretary of the senate issued the following certificates of recognition: Nick Klenske and Tom Viner, Dubuque - For attaining the rank of Eagle Scout. Senator Connolly (2-6-96). AFTERNOON SESSION The Senate reconvened at 1:32 p.m., President pro tempore Bisignano presiding. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on February 6, 1996, passed the following bill in which the concurrence of the House was asked: Senate File 2082, a bill for an act relating to the establishment of the state percent of growth for purposes of the state school foundation program and providing an effective date. ALSO: That the House has on February 6, 1996, adopted the following resolution in which the concurrence of the Senate is asked: House Joint Resolution 2003, a joint resolution proposing an amendment to the Constitution of the State of Iowa to limit the number of terms for members of the Senate and the House of Representatives, and to limit the number of terms of Governor, Lieutenant Governor, Attorney General, Secretary of State, Auditor of State, and Treasurer of State. This bill was read first time and passed on file. ALSO: That the House has on February 6, 1996, passed the following bill in which the concurrence of the Senate is asked: House File 199, a bill for an act limiting the number of terms a person may serve as secretary of agriculture and providing applicability and effective date provisions. 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. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Kramer until she arrives on request of Senator Tinsman and Senator Boswell for the afternoon on request of Senator Horn. CONSIDERATION OF BILL (Regular Calendar) Senate File 2046 On motion of Senator Kibbie, Senate File 2046, a bill for an act relating to water and ice vessel accident reports filed with the natural resource commission of the department of natural resources and providing for the acts applicability, was taken up for consideration. Senator Kibbie offered amendment S-5003 filed by him on January 16, 1996, to page 1 and the title page of the bill and moved its adoption. Amendment S-5003 was adopted by a voice vote. Senator Kibbie 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. 2046) the vote was: Ayes, 47: Banks Bartz Bennett Bisignano Black Boettger Borlaug 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 McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 1: Rittmer Absent or not voting, 2: Boswell Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 2097 On motion of Senator Priebe, Senate File 2097, a bill for an act providing a sales, services, and use tax exemption on certain packaging materials used in agricultural, livestock, or dairy production, was taken up for consideration. Senator Priebe 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. 2097) the vote was: Ayes, 47: Banks Bartz Bennett Bisignano Black Boettger Borlaug 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 McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Vilsack Zieman Nays, 1: Tinsman Absent or not voting, 2: Boswell Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate Files 2130 and 2138. Senate File 2130 On motion of Senator Black, Senate File 2130, a bill for an act eliminating the requirement to commence litigation involving shipments of plants infested with gypsy moths, and providing an effective date, was taken up for consideration. Senator Black 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. 2130) the vote was: Ayes, 48: Banks Bartz Bennett Bisignano Black Boettger Borlaug 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 McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Boswell Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2138 On motion of Senator Judge, Senate File 2138, a bill for an act relating to county mental health and developmental disability funding, was taken up for consideration. Senator Sorensen asked and received unanimous consent that amendment S-5048 filed by Senators Sorensen, et al., from the floor to page 1 of the bill be withdrawn. Senator Judge offered amendment S-5049 filed by Senators Judge, et al., from the floor to page 1 of the bill and moved its adoption. A record roll call was requested. On the question Shall amendment S-5049 be adopted? (S.F. 2138) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: 262 JOURNAL OF THE SENATE 31st Day Boswell Amendment S-5049 was adopted. Senator Judge 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. 2138) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Boswell The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. SENATE RECEDES Senate File 2030 Senator Szymoniak called up for consideration 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, amended by the House, further amended by the Senate and moved that the Senate recede from its amendment. The motion prevailed by a voice vote and the Senate receded from its amendment. Senator Szymoniak 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. 2030) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Boswell 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 Files 2046, 2097, 2130, and 2138 be immediately messaged to the House and to send an immediate message to the House on Senate File 2030. INTRODUCTION OF BILLS Senate File 2144, by McKean, a bill for an act prohibiting the operation of satellite terminals within a gambling enclosure. Read first time and passed on file. Senate File 2145, by Kramer, a bill for an act authorizing school districts to establish and enforce traffic and parking rules and authorizing penalties. Read first time and passed on file. Senate File 2146, by McLaren, a bill for an act relating to inverse condemnation of private farm property by state government action and providing an applicability date. Read first time and passed on file. Senate File 2147, by McLaren, a bill for an act increasing the membership of the Iowa telecommunications and technology commission. Read first time and passed on file. APPENDIX CERTIFICATES OF RECOGNITION The secretary of the senate issued certificates of recognition as follows: Mike Kolbe, Harlan - For Citizen of the Year, Harlan Chamber of Commerce. Senator Boettger (1-27-96). David Koos, Harlan - For Citizen of the Years, Harlan Chamber of Commerce. Senator Boettger (1-27-96). Eldo Schornhorst, Harlan - For Lifetime Achievement Award from the Iowa County Engineers Association. Senator Boettger (12-6-95). STUDY BILLS RECEIVED SSB 2128 Appropriations 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. SSB 2129 Transportation Relating to transportation-related sanctions by increasing penalties for certain offenses, providing for the issuance of temporary restricted licenses for certain offenses, providing scheduled fines for various violations, prohibiting certain activities of motor vehicle dealers, and allowing the issuance of a uniform citation and complaint to a corporation for certain violations. SSB 2130 Transportation Expanding the issuance of motor vehicle licenses by county treasurers and providing funding and an effective date. SSB 2131 Education Relating to the operation of the vocational rehabilitation division of the department of education and promoting consistency with the most recently amended version of federal law. SSB 2132 Education Relating to the open enrollment application and implementation process. SSB 2133 Education Providing for full state funding of allowable growth for budget years commencing on or after July 1, 1996, and providing an effective date. SSB 2134 Education Relating to the registration of postsecondary schools and increasing fees. SSB 2135 Business and Labor Relating to unemployment insurance benefits by providing for employer contributions and liability for benefits regarding successor employers. SSB 2136 Small Business/Economic Development To repeal the Wallace technology transfer foundation. SSB 2137 Small Business/Economic Development Relating to eligibility criteria and benefits, including tax benefits to businesses under the new jobs and income program and establishing a penalty. SSB 2138 Education Relating to the open enrollment application and implementation process. SSB 2139 Education Relating to the operation of the vocational rehabilitation division of the department of education and promoting consistency with the most recently amended version of federal law. SSB 2140 Education Relating to the registration of postsecondary schools and increasing fees. SUBCOMMITTEE ASSIGNMENTS Senate File 2119 WAYS AND MEANS: Vilsack, Chair; Connolly and Freeman Senate File 2126 HUMAN RESOURCES: Hammond, Chair; Szymoniak and Tinsman Senate File 2129 WAYS AND MEANS: Murphy, Chair; Connolly, Drake, Hedge and Neuhauser Senate File 2132 WAYS AND MEANS: Vilsack, Chair; Connolly and McLaren Senate File 2134 HUMAN RESOURCES: Vilsack, Chair; Dvorsky and Tinsman SSB 2127 HUMAN RESOURCES: Szymoniak, Chair; Bartz and Neuhauser SSB 2129 TRANSPORTATION: Drake, Chair; Black and Gettings SSB 2130 TRANSPORTATION: Fraise, Chair; Black and Douglas SSB 2136 SMALL BUS., ECON. DEVLPT, AND TOURISM: Flynn, Chair; Maddox and Palmer SSB 2137 SMALL BUS., ECON. DEVLPT, AND TOURISM: Palmer, Chair; Hansen and McKean BILL ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MR. PRESIDENT: The Secretary of the Senate respectfully reports that the following bill has been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 7th day of February, 1996: Senate File 2082. JOHN F. DWYER Secretary of the Senate BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.F. 2136 Nat. Res., Environ. & Energy S.F. 2137 Education S.F. 2143 Education S.F. 2144 State Government H.F. 199 State Government H.J.R. 2003 State Government COMMITTEE REPORTS LOCAL GOVERNMENT Final Bill Action: *SENATE FILE 2149 (SSB 2107), a bill for an act relating to contracts for mutual aid between fire departments regarding emergency services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Black, Fraise, Halvorson, Judge, McKean and Rittmer. Nays, none. Absent or not voting, 1: Zieman. 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 Local Government Committee on Senate File 2149 and they were attached to the committee report. AMENDMENTS FILED S-5046 S.F. 2077 Bill Fink S-5047 S.F. 2140 Tony Bisignano S-5048 S.F. 2138 Al Sorensen Dennis H. Black Bill Fink O. Gene Maddox Andy McKean Eugene Fraise Lyle E. Zieman Rod Halvorson S-5049 S.F. 2138 Patty Judge Al Sorensen Dennis H. Black Bill Fink O. Gene Maddox Andy McKean Eugene Fraise Lyle E. Zieman Rod Halvorson John Kibbie Berl E. Priebe Emil J. Husak Larry Murphy Michael E. Gronstal Patrick J. Deluhery Elaine Szymoniak Randal J. Giannetto S-5050 S.F. 2140 Don Gettings INTRODUCTION OF BILLS Senate File 2148, by Tinsman, a bill for an act relating to state and county funding for mental health and developmental disability services and providing an applicability provision. Read first time under Rule 28 and passed on file. Senate File 2149, by committee on Local Government, a bill for an act relating to contracts for mutual aid between fire departments regarding emergency services and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2150, by Murphy, a bill for an act relating to certain revenue sources of political subdivisions, state appropriations to the road use tax fund, funding for bonds issued by a political subdivision, and other properly related matters, authorizing a political subdivision to impose a local tax, in addition to property taxes, to partially fund certain bonds, 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 the general fund of the state, and appropriating moneys for funding recreational trails from the general fund of the state, and providing an applicability date. Read first time under Rule 28 and passed on file. ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 2:52 p.m., until 9:00 a.m., Thursday, February 8, 1996.
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