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THIRTY-NINTH CALENDAR DAY
TWENTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, February 15, 1996
The Senate met in regular session at 9:08 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Barbara Tooker Todd, pastor of
the First Presbyterian Church, Adair, Iowa.
The Journal of Wednesday, February 14, 1996, was approved.
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 14, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 2107, a bill for an act relating to the requirements
regarding human immunodeficiency virus-related tests and making existing
remedies applicable.
This bill was read first time and passed on file.
House File 2152, a bill for an act relating to the delay of the
repeal for the exemption of certain multiple employer welfare
arrangements from regulation by the insurance division and providing an
effective date.
This bill was read first time and passed on file.
House File 2165, a bill for an act relating to industrial
machinery, computers and equipment for purposes of sales taxation and
property taxation and providing an effective date and applicability
date.
This bill was read first time and passed on file.
House File 2177, a bill for an act relating to the exclusion of
century farms from economic development areas for purposes of urban
renewal and providing for the Acts applicability.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2196, by McLaren, a bill for an act relating to length
of time for the legal possession of deer meat.
Read first time and passed on file.
Senate File 2197, by Husak, McLaren, Bennett, Fink, Drake, and
Sorensen, a bill for an act relating to the exemption of unassisted
coin-operated motor vehicle wash, wax, and vacuum services from the
state sales, services, and use taxes.
Read first time and passed on file.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Banks for the day on request of Senator Bartz and Senator
Vilsack until he arrives on request of Senator Kibbie.
RECESS
On motion of Senator Horn, the Senate recessed at 9:18 a.m., until
2:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
COMMUNICATIONS AND INFORMATION POLICY
Convened: February 14, 1996, 1:15 p.m.
Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking
Member; Flynn, Hansen, Jensen and Redfern.
Members Absent: none.
Committee Business: Amended and approved SSB 2170 as a committee bill;
assigned bill to subcommittee; presentation by the director of ICN.
Adjourned: 2:15 p.m.
EDUCATION
Convened: February 14, 1996, 2:35 p.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Lind, Murphy,
Neuhauser, Rensink, Szymoniak and Tinsman.
Members Absent: Kramer (excused).
Committee Business: Assigned bills to subcommittees; approved SSBs 2132
and 2139 as committee bills; approved Senate File 2137 as a committee
bill.
Adjourned: 2:57 p.m.
HUMAN RESOURCES
Convened: February 14, 1996, 3:44 p.m.
Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger,
Ranking Member; Bartz, Hansen, Kramer, Neuhauser, Tinsman and Vilsack.
Members Absent: Dvorsky.
Committee Business: Amended and approved SSB 2002; recommended passage
of House Concurrent Resolution 105 as amended; approved SSBs 2163, 2127,
2165 and 2166 as committee bills.
Adjourned: 4:41 p.m.
JUDICIARY
Convened: February 14, 1996, 4:50 p.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
Hansen, Maddox, Neuhauser, Redfern and Szymoniak.
Members Absent: none.
Committee Business: Approved SSBs 2030, 2032, 2178, 2019 and 2021 as
committee bills; approved Senate File 2004 as a committee bill; deferred
action on SSBs 2171, 2151, 2159 and Senate File 2100.
Adjourned: 5:45 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: February 14, 1996, 4:52 p.m.
Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge,
Kibbie, Priebe, Rensink and Sorensen.
Members Absent: none.
Committee Business: Assigned bills to subcommittees; approved SSBs 2100
and 2044 as committee bills.
Adjourned: 5:02 p.m.
RULES AND ADMINISTRATION
Convened: February 14, 1996, 2:10 p.m.
Members Present: Horn, Chair; Boswell, Vice Chair; Bisignano, Gettings,
Gronstal, Husak and Lind.
Members Absent: Rife, Ranking Member and Kramer.
Committee Business: Approved standing committee referral of governors
appointees; approved proposed committee resolution; approved majority
staff personnel report.
Adjourned: 2:40 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION
Convened: February 14, 1996, 10:20 a.m.
Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
Member and Lundby.
Members Absent: Horn (excused).
Committee Business: Presentations by the department of management and
the secretary of state.
Adjourned: 11:40 a.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
Convened: February 14, 1996, 10:30 a.m.
Members Present: Black, Chair; Priebe, Vice Chair; Bennett and Gettings.
Members Absent: Banks, Ranking Member.
Committee Business: REAP presentation by the director of the department
of natural resources; presentation by members of the agricultural
development authority.
Adjourned: 12:00 noon.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: February 14, 1996, 10:25 a.m.
Members Present; Bisignano, Vice Chair; Hansen and Zieman.
Members Absent: Vilsack, Chair and Borlaug, Ranking Member (both
excused).
Committee Business: Discussed housing issues - DED.
Adjourned: 11:49 a.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: February 14, 1996, 10:20 a.m.
Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
Member; Fink and Freeman.
Members Absent: none.
Committee Business: Presentation by the executive director of the Board
of Regents.
Adjourned: 11:40 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: February 14, 1996, 10:25 a.m.
Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
Member; Deluhery and Rittmer.
Members Absent: none.
Committee Business: Presentation and discussion by chief operating
officers of merit behavioral care.
Adjourned: 11:55 a.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: February 14, 1996, 10:22 a.m.
Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking
Member; Husak and Redfern.
Members Absent: none.
Committee Business: Presentation by the judicial branch on enhanced
court collections.
Adjourned: 11:15 a.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
CAPITALS
Convened: February 14, 1996, 10:22 a.m.
Members Present: Halvorson, Chair; Palmer, Vice Chair and Douglas,
Ranking Member.
Members Absent: Jensen and Murphy (both excused).
Committee Business: Presentation by the department of transportation on
highway planning and programming policies.
Adjourned: 11:51 a.m.
CERTIFICATE OF RECOGNITION
The secretary of the senate issued a certificate of recognition as
follows:
Roger Clausen, Missouri Valley - For being named southwest Iowas
secondary principal of the year. Senator Boettger (2-14-96).
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE FILE 2206 (SSB 2192), a bill for an act
providing for animal health and racing and making penalties applicable.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Priebe, Judge, Banks, Black, Boswell, Fraise,
Hedge, Lundby, Palmer and Zieman. Nays, none. Absent or not voting, 5:
Douglas, Giannetto, Husak, McLaren and Sorensen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EDUCATION
Final Bill Action: *SENATE FILE 2200 (formerly Senate File 2137), a bill
for an act relating to school employee sick leave.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Connolly, Kibbie, Redfern, Dvorsky, Fink,
Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 2: Deluhery and Kramer.
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 Education
Committee on Senate File 2200 and they were attached to the committee
report.
ALSO:
Final Bill Action: SENATE FILE 2201 (SSB 2132), a bill for an act
relating to the open enrollment application and implementation process.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Connolly, Kibbie, Redfern, Dvorsky, Fink,
Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 3: Deluhery, Hammond and
Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2204 (SSB 2139), a bill for an act
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.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Connolly, Kibbie, Redfern, Dvorsky, Fink,
Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 2: Deluhery and Kramer.
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 Education
Committee on Senate File 2204 and they were attached to the committee
report.
HUMAN RESOURCES
Final Bill Action: SENATE FILE 2203 (SSB 2166), a bill for an act
relating to services relating to children and families.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Hansen,
Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 1: Dvorsky.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: SENATE FILE 2207 (SSB 2178), a bill for an act
relating to excuse from jury service and the reimbursement of jurors and
witnesses for transportation and mileage expenses.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser,
Redfern and Szymoniak. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2208 (SSB 2032), a bill for an act
relating to persons required to register with the sex offender registry
and providing a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser,
Redfern and Szymoniak. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2209 (SSB 2030), a bill for an act
establishing the offense of promoting or possessing contraband in
prisons, jails, and juvenile facilities and establishing penalties.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser,
Redfern and Szymoniak. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2210 (SSB 2019), a bill for an act
relating to public access to criminal history data maintained by the
department of public safety.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger,
Drake, Fraise, Halvorson, Hansen, Maddox, Neuhauser, Redfern and
Szymoniak. Nays, 2: Bisignano and Hammond.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2211 (SSB 2021), a bill for an act
relating to fingerprinting requirements for certain public offenses.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Giannetto, Vilsack, McKean, Bartz, Boettger,
Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern and Szymoniak.
Nays, 3: Bisignano, Drake and Fraise.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 2212 (SSB 2044), a bill for an act
relating to the regulation of timber sales and surety bonds paid by
timber buyers and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Fink, Black, Lundby, Borlaug, Dearden, Deluhery,
Freeman, Hedge, Judge, Kibbie, Priebe, Rensink and Sorensen. Nays, 1:
Banks. Absent or not voting, 1: Gronstal.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5061 S.F. 2135 Tom Vilsack
S-5062 S.F. 2181 Merlin E. Bartz
S-5063 H.F. 2114 Tom Vilsack
S-5064 H.F. 2114 Merlin E. Bartz
S-5065 S.F. 2135 JoAnn Douglas
S-5066 H.F. 2114 Larry Murphy
S-5067 S.F. 2142 Mary Neuhauser
Robert E. Dvorsky
Steven D. Hansen
Berl E. Priebe
Patrick J. Deluhery
Randal J. Giannetto
Dick L. Dearden
Tony Bisignano
John P. Kibbie
Jim Lind
Mary A. Lundby
Michael E. Gronstal
Donald B. Redfern
Patty Judge
Andy McKean
S-5068 S.F. 2142 Michael E. Gronstal
S-5069 H.F. 2114 Michael E. Gronstal
Emil J. Husak
S-5070 S.F. 2160 Mary Neuhauser
Tony Bisignano
Johnie Hammond
S-5071 S.F. 2177 Bill Fink
S-5072 S.F. 2142 Patrick J. Deluhery
Mary Neuhauser
Robert E. Dvorsky
Berl E. Priebe
Steven D, Hansen
Tony Bisignano
Randal J. Giannetto
John P. Kibbie
Mary A. Lundby
Sheldon Rittmer
Michael E. Gronstal
Patty Judge
Maggie Tinsman
Johnie Hammond
Nancy Boettger
Mary Kramer
Mary Lou Freeman
Andy McKean
O. Gene Maddox
Tom Flynn
AFTERNOON SESSION
The Senate reconvened at 2:34 p.m., President Boswell presiding.
INTRODUCTION OF BILLS
Senate Joint Resolution 2004, by Zieman, a joint resolution
requesting the proposal of an amendment to the Constitution of the
United States limiting the number of terms of service of members of the
United States Congress.
Read first time and passed on file.
Senate File 2198, by Husak, a bill for an act relating to
pecuniary damages recoverable under an order of criminal victim
restitution.
Read first time and passed on file.
Senate File 2199, by Maddox, a bill for an act relating to the
cost of educational programs for children in a licensed child foster
care facility or a substance abuser facility for school funding purposes
and providing an effective date.
Read first time and passed on file.
Senate File 2200, by committee on Education, a bill for an act
relating to school employee sick leave.
Read first time and placed on calendar.
Senate File 2201, by committee on Education, a bill for an act
relating to the open enrollment application and implementation process.
Read first time and placed on calendar.
Senate File 2202, by Szymoniak, a bill for an act relating to
juvenile justice including notice requirements for juvenile court
actions, custody of and access to a child designated a child in need of
assistance, and associate juvenile judge jurisdiction.
Read first time and passed on file.
Senate File 2203, by committee on Human Resources, a bill for an
act relating to services relating to children and families.
Read first time and placed on calendar.
Senate File 2204, by committee on Education, a bill for an act
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.
Read first time and placed on calendar.
Senate File 2205, by Husak, a bill for an act relating to reserve
peace officers obtaining professional permits to carry weapons and
carrying weapons.
Read first time and passed on file.
Senate File 2206, by committee on Agriculture, a bill for an act
providing for animal health and racing and making penalties applicable.
Read first time and placed on calendar.
Senate File 2207, by committee on Judiciary, a bill for an act
relating to excuse from jury service and the reimbursement of jurors and
witnesses for transportation and mileage expenses.
Read first time and placed on calendar.
Senate File 2208, by committee on Judiciary, a bill for an act
relating to persons required to register with the sex offender registry
and providing a penalty.
Read first time and placed on calendar.
Senate File 2209, by committee on Judiciary, a bill for an act
establishing the offense of promoting or possessing contraband in
prisons, jails, and juvenile facilities and establishing penalties.
Read first time and placed on calendar.
Senate File 2210, by committee on Judiciary, a bill for an act
relating to public access to criminal history data maintained by the
department of public safety.
Read first time and placed on calendar.
Senate File 2211, by committee on Judiciary, a bill for an act
relating to fingerprinting requirements for certain public offenses.
Read first time and placed on calendar.
Senate File 2212, by committee on Natural Resources, Environment,
and Energy, a bill for an act relating to the regulation of timber
sales and surety bonds paid by timber buyers and providing an effective
date.
Read first time and placed on calendar.
Senate File 2213, by committee on Human Resources, a bill for an
act relating to the continued existence of the prevention of
disabilities policy council and technical assistance committee and
providing an effective date.
Read first time and placed on calendar.
Senate File 2214, by committee on Human Resources, a bill for an
act relating to the testing and confidentiality of records requirements
regarding human immunodeficiency virus-related tests and making existing
remedies applicable.
Read first time and placed on calendar.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 48 present, 2 absent and a quorum present.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
2195 be referred from the Regular Calendar to the committee on
Appropriations.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2035
On motion of Senator Kibbie, Senate File 2035, a bill for an act
relating to the control and eradication of ecologically harmful exotic
species and Eurasian milfoil and establishing a penalty, with report of
committee recommending amendment and passage, was taken up for
consideration.
Senator Fink offered amendment S-5051 filed by the committee on
Natural Resources on February 8, 1996, to page 3 of the bill and moved
its adoption.
Amendment S-5051 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. 2035) the vote was:
Ayes, 47:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn 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 Zieman
Nays, none.
Absent or not voting, 3:
Banks Fraise Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2074
On motion of Senator Sorensen, Senate File 2074, a bill for an act
relating to the dates on which city hospital or health care facility
trustees take and depart from office, with report of committee
recommending passage, was taken up for consideration.
Senator Sorensen offered amendment S-5034 filed by him on February
1, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5034 was adopted by a voice vote.
Senator Priebe asked and received unanimous consent that action on
Senate File 2074 be deferred.
Senate File 2149
On motion of Senator Sorensen, Senate File 2149, a bill for an act
relating to contracts for mutual aid between fire departments regarding
emergency services, was taken up for consideration.
Senator Sorensen offered amendment S-5053 filed by him on February
8, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5053 was adopted by a voice vote.
Senator Sorensen 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. 2149) the vote was:
Ayes, 48:
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 Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Zieman
Nays, none.
Absent or not voting, 2:
Banks Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senate File 2142
On motion of Senator Gronstal, Senate File 2142, 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, was taken up for
consideration.
Senator Borlaug offered amendment S-5074 filed by Senators Borlaug
and Gronstal from the floor to page 2 of the bill and moved its
adoption.
Amendment S-5074 was adopted by a voice vote.
Senator Neuhauser offered amendment S-5067 filed by Senators
Neuhauser, et al. , from the floor to pages 4 and 5 of the bill and
moved its adoption.
Amendment S-5067 was adopted by a voice vote.
Senator Gronstal offered amendment S-5068 filed by him from the
floor to page 4 of the bill and moved its adoption.
Amendment S-5068 was adopted by a voice vote.
Senator Deluhery offered amendment S-5072 filed by Senators
Deluhery, et al., from the floor to page 10 of the bill and moved its
adoption.
Amendment S-5072 was adopted by a voice vote.
(Action on Senate File 2142 was deferred.)
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
immediate consideration Senate Resolution 102.
Senate Resolution 102
On motion of Senator Horn, Senate Resolution 102, a senate
resolution relating to gubernatorial appointments requiring senate
confirmation, was taken up for consideration.
Senator Horn moved the adoption of Senate Resolution 102, which
motion prevailed by a voice vote.
BUSINESS PENDING
Senate File 2142
The Senate resumed consideration of Senate File 2142, 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, previously deferred.
Senator Kramer offered amendment S-5079 filed by Senators Kramer
and Bartz from the floor to pages 1-4 of the bill and moved its
adoption.
Amendment S-5079 was adopted by a voice vote.
(Action on Senate File 2142 was deferred.)
The Senate stood at ease at 3:35 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 3:56 p.m., President Boswell
presiding.
BUSINESS PENDING
Senate File 2142
The Senate resumed consideration of Senate File 2142, previously
deferred.
Senator Gronstal 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. 2142) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 36:
Bennett Bisignano Borlaug Boswell
Connolly Dearden Deluhery Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Kramer Maddox
McKean Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Sorensen Szymoniak Tinsman Vilsack
Nays, 12:
Bartz Boettger Douglas Freeman
Hedge Iverson Jensen Lind
Lundby McLaren Rittmer Zieman
Absent or not voting, 2:
Banks Black
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Appropriations Calendar)
House File 2114
On motion of Senator Murphy, House File 2114, a bill for an act
relating to and making supplemental appropriations for the fiscal year
beginning July 1, 1995, and providing an effective date, with report of
committee recommending amendment and passage, was taken up for
consideration.
Senator Murphy offered amendment S-5058 filed by the committee on
Appropriations on February 13, 1996, to pages 1 and 2 of the bill.
Senator Gronstal offered amendment S-5069 filed by Senators
Gronstal and Husak from the floor to amendment S-5058 and moved its
adoption.
Amendment S-5069 was adopted by a voice vote.
Senator Murphy offered amendment S-5077 filed by Senators Murphy
and Hammond from the floor to amendment S-5058 and moved its adoption.
Amendment S-5077 was adopted by a voice vote.
Senator Murphy offered amendment S-5066 filed by him from the floor
to amendment S-5058 and moved its adoption.
Amendment S-5066 was adopted by a voice vote.
Senator Bartz offered amendment S-5064 filed by him from the floor
to amendment S-5058 and moved its adoption.
Amendment S-5064 was adopted by a voice vote.
Senator Murphy moved the adoption of amendment S-5058 as amended,
which motion prevailed by a voice vote.
Senator Vilsack offered amendment S-5063 filed by him 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-5063 be adopted? (H.F. 2114) the
vote was:
Ayes, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Nays, 22:
Bartz Bennett Boettger Borlaug
Douglas Drake Freeman Hedge
Iverson Jensen Kramer Lind
Lundby Maddox McKean McLaren
Redfern Rensink Rife Rittmer
Tinsman Zieman
Absent or not voting, 1:
Banks
Amendment S-5063 was adopted.
Senator Murphy 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. 2114) the vote was:
Ayes, 43:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Drake Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
Jensen Judge Kibbie Kramer
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 6:
Borlaug Douglas Iverson Lind
McLaren Rife
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
Senate File 2074
The Senate resumed consideration of Senate File 2074, a bill for an
act relating to the dates on which city hospital or health care facility
trustees take and depart from office, previously deferred.
Senator Priebe filed the following motion to reconsider from the
floor and moved its adoption.
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-5034 to Senate File 2074 was adopted by the Senate on February 15,
1996.
The motion prevailed by a voice vote and amendment S-5034 by
Senator Sorensen to page 1 of the bill was taken up for reconsideration.
Senator Priebe offered amendment S-5080 filed by him from the floor
to amendment S-5034 and moved its adoption.
Amendment S-5080 was adopted by a voice vote.
Senator Sorensen moved the adoption of amendment S-5034 as amended,
which motion prevailed by a voice vote.
Senator Sorensen 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. 2074) the vote was:
Ayes, 49:
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 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:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2135
On motion of Senator Priebe, Senate File 2135, a bill for an act
providing for the organization of cooperative corporations, providing
for fees, and providing for penalties, was taken up for consideration.
Senator Priebe offered amendment S-5060 filed by Senators Priebe
and McLaren on February 14, 1996, to pages 1 and 10 of the bill and
moved its adoption.
Amendment S-5060 was adopted by a voice vote.
Senator Vilsack offered amendment S-5061 filed by him from the
floor to pages 2 and 3 of the bill and moved its adoption.
Amendment S-5061 was adopted by a voice vote.
Senator Douglas offered amendment S-5065 filed by her from the
floor to page 3 of the bill and moved its adoption.
Amendment S-5065 was adopted by a voice vote.
Senator Priebe offered amendment S-5073 filed by him from the floor
to page 10 of the bill and moved its adoption.
Amendment S-5073 was adopted by a voice vote.
Senator Douglas offered amendment S-5076 filed by Senators Douglas
and Priebe from the floor to page 10 of the bill and moved its adoption.
Amendment S-5076 was adopted by a voice vote.
Senator Iverson offered amendment S-5057 filed by Senators Iverson
and Husak on February 13, 1996, to page 13 of the bill and moved its
adoption.
Amendment S-5057 was adopted by a voice vote.
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. 2135) the vote was:
Ayes, 46:
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 Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Szymoniak Tinsman
Vilsack Zieman
Nays, 3:
Jensen Murphy Sorensen
Absent or not voting, 1:
Banks
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
2035, 2149, 2142, 2074 and 2135 and House File 2114 be immediately
messaged to the House.
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 15, 1996, passed the following bill in which the
concurrence of the Senate is asked:
House File 2181, a bill for an act relating to the statistical
reporting of terminations of pregnancy and establishing penalties.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2215, by committee on Human Resources, a bill for an
act relating to a study on the qualifications of deaf interpreters.
Read first time and placed on calendar.
Senate File 2216, by committee on Agriculture, a bill for an act
providing that the examination for commercial applicators of pesticides
be given at each community college.
Read first time and placed on calendar.
Senate File 2217, by committee on Judiciary, a bill for an act
exempting the seller of a portable water system from the requirements
and the penalties of the consumer fraud law.
Read first time and placed on calendar.
Senate File 2218, by committee on Human Resources, a bill for an
act relating to the community health management system by extending the
date for implementation of phase I of the system.
Read first time and placed on calendar.
Senate File 2219, by committee on Natural Resources, Environment,
and Energy, a bill for an act relating to the midwest interstate
compact on low-level radioactive waste and establishing a penalty.
Read first time and placed on calendar.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
H.F. 2104 Judiciary
S.F. 2188 Nat. Res., Environ. & Energy
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
2166 be referred from the Regular Calendar to the committee on Ways and
Means.
APPENDIX
REPORT OF THE COMMITTEE
ON RULES AND ADMINISTRATION
The committee on Rules and Administration referred the following
governors appointments to state boards, commissions and departments to
Senate standing committees as indicated for investigation on February
15, 1996:
BUSINESS AND LABOR
Earl W. Seymour - Employment Appeal Board
Iris J. Post - Industrial Commissioner
Byron Orton - Labor Commissioner
COMMERCE
Michael K. Guttau - Superintendent of Banking
Amy M. Britt, Berneil Preul and James A. Sattler - Title Guaranty
Division Board
COMMUNICATIONS AND INFORMATION POLICY
Mary A. Nelson and Richard H. Opie - Iowa Telecommunications and
Technology Commission
EDUCATION
Frederick M. (Ted) Stilwill - Director of the Department of
Education
Thomas E. Davis and Frederick (Ted) M. Stilwill - First in the
Nation in Education Foundation Governing Board
Clark A. Yeager - School Budget Review Committee
Gregory A. Forristall - State Board of Education
Aileen F. Mahood and Marvin A. Pomerantz
HUMAN RESOURCES
Dorothy A. Anderson and Rebecca S. Beach - Board of Behavioral
Science Examiners
Dr. Laine D. Dvorak and Joan L. Skogstrom - Board of Physician
Assistant Examiners
Paul R. Walther - Commission on the Status of Women
Scott M. Harrison, Susan R. Ryan and Bonnie J. Steege - Community
Health Management Information System Governing Board
Margaret P. Guhin - Council on Human Services
JUDICIARY
Donald R. Tietz - Board of Corrections
Cynthia P. Snell - Commission on Judicial Qualifications
Liz S. Nichols - Iowa State Civil Rights Commission
John F. Bright and Zell L. Millard - State Judicial Nominating
Commission
LOCAL GOVERNMENT
Susan M. Cosner - City Development Board
Lumir E. Dostal, Jr. and Jon P. Finney - County Finance Committee
NATURAL RESOURCES, ENVIRONMENT & ENERGY
Michael A. Fesler - Environmental Protection Commission
STATE GOVERNMENT
Linda Hopkins - Accountancy Examining Board
Jerry L. Meek and Michael A. Scheibeler - Commission of Veterans
Affairs
Terri J. Gunderson - State Board of Examiners for Nursing Home
Administrators
WAYS AND MEANS
Kay A. Hagen - Iowa Finance Authority
Emil S. Pavich - Iowa Railway Finance Authority
STUDY BILLS RECEIVED
SSB 2192
Agriculture
Providing for animal health and racing and making penalties
applicable.
SSB 2193
Human Resources
Relating to the designation of the drug ephedrine as a schedule IV
controlled substance, and making penalties applicable.
SSB 2194
Human Resources
Relating to the nonconfidentiality of information regarding the
qualifications of interpreters for the deaf services division of the
department of human rights.
SSB 2195
Commerce
Relating to energy efficiency programs, electric and gas public
utility energy efficiency mandates, and funding for the Iowa energy
center and the center for global and regional environmental research.
SSB 2196
Judiciary
Defining an offense for possession of alcohol by persons aged
eighteen, nineteen, and twenty, and providing a penalty.
SSB 2197
Judiciary
Relating to juvenile justice, including dispositional alternatives
for juveniles adjudicated delinquent, registering with the sex offender
registry, and associate juvenile judge jurisdiction.
SSB 2198
Judiciary
Relating to unlawful military or training activity, including the
possession of certain real or simulated explosive or incendiary devices,
and establishing or making penalties applicable.
SSB 2199
Human Resources
Relating to occupational hearing loss.
SSB 2200
Commerce
Relating to consumer protection by increasing the maximum dollar
amount of certain transactions for purposes of the consumer credit code
and establishing a cause of action for consumers.
SSB 2201
Commerce
Allowing account maintenance fees to be charged in connection with
certain consumer lines of credit accounts in certain financial
institutions.
SSB 2202
Commerce
Relating to voting, the distribution of earnings, nd the bylaws of
a cooperative association.
SSB 2203
Commerce
Relating to the regulation of insurance companies for purposes of
solvency and establishing a measure for the risk-based capital of an
insurer, and providing penalties.
SSB 2204
Commerce
Relating to entities and subject matter under the regulatory
authority of the division of insurance, including prearranged funeral
contracts, cemeteries, and business opportunities, and establishing
fees.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2137
EDUCATION: Fink, Chair; Dvorsky and Tinsman
Senate File 2143
EDUCATION: Connolly, Chair; Neuhauser and Rensink
Senate File 2145
EDUCATION: Kramer, Chair; Connolly and Kibbie
Senate File 2146
JUDICIARY: Vilsack, Chair; Giannetto, McKean, Neuhauser and Redfern
Senate File 2148
WAYS AND MEANS: Husak, Chair; Iverson and Szymoniak
Senate File 2175
TRANSPORTATION: Gettings, Chair; Dearden and Drake
Senate File 2177
JUDICIARY: Neuhauser, Chair; Boettger, Drake, Giannetto and Vilsack
Senate File 2179
JUDICIARY: Maddox, Chair; Boettger, Giannetto, Hammond and Vilsack
Senate File 2180
TRANSPORTATION: Fink, Chair; Drake and Fraise
Senate File 2184
AGRICULTURE: Judge, Chair; Boswell and Hedge
Senate File 2185
TRANSPORTATION: Connolly, Chair; Gettings and Rittmer
SSB 2157
EDUCATION: Hammond, Chair; Connolly and Tinsman
SSB 2183
EDUCATION: Kibbie, Chair; Dvorsky and Tinsman
SSB 2184
EDUCATION: Neuhauser, Chair; Deluhery and Kramer
SSB 2185
EDUCATION: Kibbie, Chair; Connolly and Redfern
SSB 2186
EDUCATION: Connolly, Chair; Murphy and Redfern
SSB 2189
WAYS AND MEANS: Neuhauser, Chair; Hedge and Szymoniak
SSB 2191
WAYS AND MEANS: Szymoniak, Chair; Deluhery and Freeman
SSB 2192
AGRICULTURE: Priebe, Chair; Lundby and Palmer
SSB 2193
HUMAN RESOURCES: Bartz, Chair; Dvorsky and Neuhauser
SSB 2194
HUMAN RESOURCES: Szymoniak, Chair; Hansen and Kramer
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2192 Transportation
S.F. 2193 Human Resources
S.F. 2194 Human Resources
S.F. 2196 Nat. Resources, Environ. & Energy
S.F. 2197 Ways and Means
S.F. 2198 Judiciary
S.F. 2199 Education
S.F. 2202 Judiciary
S.F. 2205 Judiciary
S.J.R. 2003 State Government
H.F. 2107 Human Resources
H.F. 2152 Commerce
H.F. 2165 Ways and Means
H.F. 2177 Local Government
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE FILE 2216 (SSB 2154), a bill for an act
providing that the examination for commercial applicators of pesticides
be given at each community college.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Priebe, Judge, Banks, Black, Boswell, Fraise,
Hedge, Lundby, Palmer and Zieman. Nays, none. Absent or not voting, 5:
Douglas, Giannetto, Husak, McLaren and Sorensen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
HUMAN RESOURCES
Final Bill Action: SENATE FILE 2213 (SSB 2127), a bill for an act
relating to the continued existence of the prevention of disabilities
policy council and technical assistance committee and providing an
effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Hansen,
Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 1: Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2214 (SSB 2002), a bill for an act
relating to the testing and confidentiality of records requirements
regardingg human immunodeficiency virus-related tests and making
existing remedies applicable.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Hansen,
Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 1: Dvorsky.
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 Human Resources
Committee on Senate File 2214 and they were attached to the committee
report.
ALSO:
Final Bill Action: SENATE FILE 2215 (SSB 2163), a bill for an act
relating to a study on the qualifications of deaf interpreters.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Hansen,
Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 1: Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2218 (SSB 2165), a bill for an act
relating to the community health management system by extending the date
for implementation of phase I of the system.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Hansen,
Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 1: Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE CONCURRENT RESOLUTION 105, a concurrent
resolution recognizing the women who have served Iowa as state
legislators and celebrating 100 years of women elected to state
legislatures.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5078.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Hansen,
Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 1: Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: *SENATE FILE 2217 (formerly Senate File 2004), a bill
for an act exempting the seller of a portable water system from the
requirements and the penalties of the consumer fraud law.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser,
Redfern and Szymoniak. 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 Judiciary
Committee on Senate File 2217 and they were attached to the committee
report.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 2219 (SSB 2100), a bill for an act
relating to the midwest interstate compact on low-level radioactive
waste and establishing a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Fink, Black, Lundby, Banks, Borlaug, Dearden,
Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and
Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EXPLANATION OF VOTE
MR. PRESIDENT: I was unavoidably outside the Senate chamber and
arrived too late to be recorded when the final vote was taken on Senate
File 2142.
Had I been present, I would have voted aye.
DENNIS L. BLACK
AMENDMENTS FILED
S-5073 S.F. 2135 Berl E. Priebe
S-5074 S.F. 2142 Allen Borlaug
Michael E. Gronstal
S-5075 S.F. 2178 Mary Neuhauser
S-5076 S.F. 2135 JoAnn Douglas
Berl E. Priebe
S-5077 H.F. 2114 Larry Murphy
Johnie Hammond
S-5078 H.C.R. 105 Human Resources
S-5079 S.F. 2142 Mary E. Kramer
Merlin E. Bartz
S-5080 S.F. 2074 Berl E. Priebe
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:40 p.m., until
1:00 p.m., Monday, February 19, 1996.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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