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Senate Journal: Tuesday, February 20, 1996

                            FORTY-FOURTH CALENDAR DAY

                            TWENTY-SIXTH SESSION DAY

                                 Senate Chamber

                  Des Moines, Iowa, Tuesday, February 20, 1996



         The Senate met in regular session at 9:21 a.m., President Boswell
    presiding.

         Prayer was offered by the Reverend Thomas Bower, pastor of the
    First Presbyterian Church, Marshalltown, Iowa.

         The Journal of Monday, February 19, 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 19, 1996, amended the Senate amendment, concurred
    in the Senate amendment as amended, and passed the following bill in
    which the concurrence of the House was asked:

         House File 258, a bill for  an act relating to drug testing of
    certain employees and applicants for employment, providing for employer
    defenses, and making penalties applicable (S-5085 to H-4229).

         ALSO: That the House has on February 19, 1996 passed the following
    bills in which the concurrence of the Senate is asked:

         House File 2109, a bill for  an act relating to nonconsensual
    termination of or serious injury to a pregnancy and providing penalties.

         This bill was read first time and passed on file.

         House File 2144, a bill for  an act relating to the payment by
    third parties of physician assistants and advanced registered nurse
    practitioners.
         This bill was read first time and passed on file.



                              INTRODUCTION OF BILL

         Senate File 2231, by Priebe, a bill for  an act relating to an
    individual income tax deduction for certain contract sales of
    agricultural property made to beginning farmers and providing effective
    and applicability date provisions.

         Read first time and passed on file.
                                    APPENDIX



                          REPORTS OF COMMITTEE MEETINGS

    COMMUNICATIONS AND INFORMATION POLICY

    Convened: February 19, 1996, 4:45 p.m.

    Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking
    Member; Flynn, Hansen, Jensen and Redfern.

    Members Absent: none.

    Committee Business: Recommended passage of Senate File 2147.

    Adjourned: 5:30 p.m.



    EDUCATION

    Convened: February 19, 1996, 2:44 p.m.

    Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
    Member; Deluhery, Dvorsky, Fink, Iverson, Kramer, Lind, Neuhauser,
    Rensink, Szymoniak and Tinsman.

    Members Absent: Hammond and Murphy (both excused).

    Committee Business: Assigned bills to subcommittees; presentations by
    the Waterloo superintendent of schools and the department of education.

    Adjourned: 3:36 p.m.



    HUMAN RESOURCES

    Convened: February 19, 1996, 3:51 p.m.

    Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger,
    Ranking Member; Bartz, Dvorsky, Hansen, Kramer, Neuhauser, Tinsman and
    Vilsack.

    Members Absent: none.

    Committee Business: Approved SSB 2004 as a committee bill; amended and
    approved Senate File 2151 as a committee bill.

    Adjourned: 4:19 p.m.
    STATE GOVERNMENT

    Convened: February 19, 1996, 3:45 p.m.

    Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
    Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto,
    Halvorson, Lind, Lundby and Sorensen.

    Members Absent: McLaren (excused).

    Committee Business: Amended and approved SSB 2180 as a committee bill;
    assigned bills to subcommittees.

    Adjourned: 4:50 p.m.



                              STUDY BILLS RECEIVED

    SSB 2219
         State Government

         Relating to housing development including extending access to real
    estate improvement districts statewide, making changes to the urban
    renewal law, authorizing the use of tax increment financing for public
    improvements related to housing, and providing that a portion of project
    costs be dedicated to low and moderate income housing where tax
    increment financing is used to finance public improvements related to
    housing.

    SSB 2220
         Agriculture

         Relating to agricultural limestone, and providing penalties, fees,
    and an effective date.

    SSB 2221
         Natural Resources, Environment, and Energy

         Making an appropriation to the department of natural resources for
    the establishment of a wildlife diversity initiative.

    SSB 2222
         Natural Resources, Environment, and Energy

         Relating to appropriations to the department of justice for the
    investigation and prosecution of environmental crimes.

    SSB 2223
         Commerce

         Relating to the regulation of activities of state banks and state
    bank affiliates, interstate branching or banking, and personnel of the
    banking division, state banks, and state bank affiliates, and the
    regulation of financial transactions involving such entities and
    personnel.

    SSB 2224
         Commerce

         Authorizing a foreign mutual insurance company or a foreign health
    service corporation to reorganize by forming an insurance holding
    company, and providing that a mutual insurance holding company shall at
    all times own a majority of the voting shares of the capital stock of a
    reorganized domestic or foreign insurance company.

    SSB 2225
         Commerce

         Relating to disclosure requirements under the federal Community
    Reinvestment Act with respect to the eligibility of a financial
    institution to receive state public funds.

    SSB 2226
         Commerce

         Amending the uniform commercial code relating to letters of credit
    and providing an effective date.

    SSB 2227
         Judiciary

         Relating to sentences for persons convicted of sexually predatory
    offenses.

    SSB 2228
         Judiciary

         Providing for the regulation of investment securities under Article
    8 of the Uniform Commercial Code, and providing conforming changes, and
    an effective date.

    SSB 2229
         Judiciary

         Relating to investment guidelines for trustees and providing an
    applicability date.

    SSB 2230
         State Government

         Relating to matters within the jurisdiction of the Iowa ethics and
    campaign disclosure board, by providing for certain changes in reporting
    requirements relating to campaign contributions and expenditures;
    liability for the activities of committees; certain restrictions on
    fundraising and use of funds by political committees; certain changes in
    the handling of investigations and complaints before the board; and
    permitting a fee for access to computerized campaign finance disclosure
    records.

    SSB 2231
         State Government

         Establishing a workforce development department by eliminating the
    department of employment services and including workforce development
    programs in the new department.

    SSB 2232
         Human Resources

         Relating to prenatal testing for group B streptococcus, and
    providing an effective date.

    SSB 2233
         Human Resources

         Relating to changes for provision of services by the child support
    recovery unit.

    SSB 2234
         Human Resources

         Relating to child support enforcement.

    SSB 2235
         Education

         Relating to a fraudulent representation or claim of academic
    achievement or performance.

    SSB 2236
         Education

         Relating to funding for a talented and gifted education center at
    the university of Iowa and naming of that center as an international
    center.

    SSB 2237
         Ways and Means

         Relating to single-family residential construction and by requiring
    a bond and a cash set aside, providing consumer remedies, providing for
    related matters, and providing for the applicability of the Act.
    SSB 2238
         Ways and Means

         Relating to the abatement of corporate income taxes for increasing
    production jobs in the state and providing an applicability date
    provision.



                            SUBCOMMITTEE ASSIGNMENTS

                                Senate File 2163

    NAT. RESOURCES, ENVIR. & ENERGY: Judge, Chair; Banks and Sorensen

                                Senate File 2166

    WAYS AND MEANS: Palmer, Chair; Drake and Murphy

                                Senate File 2182

    LOCAL GOVERNMENT: Sorensen, Chair; Judge and Rittmer

                                Senate File 2188

    NAT. RESOURCES, ENVIR. & ENERGY: Fink, Chair; Gronstal and Lundby

                                Senate File 2189

    LOCAL GOVERNMENT: Sorensen, Chair; Fraise and Maddox

                                Senate File 2196

    NAT. RESOURCES, ENVIR. & ENERGY: Dearden, Chair; Banks and Sorensen

                                Senate File 2220

    NAT. RESOURCES, ENVIR. & ENERGY: Kibbie, Chair; Gronstal, Judge, Lundby
    and Rensink

                                Senate File 2221

    NAT. RESOURCES, ENVIR. & ENERGY: Fink, Chair; Gronstal and Lundby

                                Senate File 2222

    TRANSPORTATION: Halvorson, Chair; Black and Lind

                                Senate File 2223

    NAT. RESOURCES, ENVIR. & ENERGY: Kibbie, Chair; Gronstal, Judge, Lundby
    and Rensink
                                 House File 2104

    JUDICIARY: Fraise, Chair; Giannetto, McKean, Redfern and Vilsack

                                 House File 2152

    COMMERCE: Palmer, Chair; Bisignano, Freeman, Gronstal, Hansen, Jensen
    and Redfern

                                 House File 2177

    LOCAL GOVERNMENT: Sorensen, Chair; Fraise and McKean

                                    SSB 2195

    COMMERCE: Gronstal, Chair; Deluhery and Jensen

                                    SSB 2200

    COMMERCE: Hansen, Chair; Deluhery and Douglas

                                    SSB 2201

    COMMERCE: Bisignano, Chair; Deluhery and Freeman

                                    SSB 2202

    COMMERCE: Priebe, Chair; Hedge and Husak

                                    SSB 2203

    COMMERCE: Palmer, Chair; Bisignano, Freeman, Gronstal, Hansen, Jensen
    and Redfern

                                    SSB 2204

    COMMERCE: Hansen, Chair; Bartz and Gettings

                                    SSB 2215

    EDUCATION: Dvorsky, Chair; Murphy and Redfern

                                    SSB 2216

    EDUCATION: Connolly, Chair; Hammond and Iverson

                                    SSB 2217

    BUSINESS AND LABOR: Dvorsky, Chair; Dearden and Iverson
                                    SSB 2218

    LOCAL GOVERNMENT: Sorensen, Chair; Judge and Rittmer

                                    SSB 2220

    AGRICULTURE: Boswell, Chair; Fraise and Zieman

                                    SSB 2221

    NAT. RESOURCES, ENVIR. & ENERGY: Black, Chair; Fink and Lundby

                                    SSB 2222

    NAT. RESOURCES, ENVIR. & ENERGY: Gronstal, Chair; Freeman and Sorensen

                                    SSB 2223

    COMMERCE: Deluhery, Chair; Jensen and Priebe

                                    SSB 2224

    COMMERCE: Palmer, Chair; Bisignano, Freeman, Gronstal, Hansen, Jensen
    and Redfern

                                    SSB 2225

    COMMERCE: Deluhery, Chair; Bartz and Husak

                                    SSB 2226

    COMMERCE: Flynn, Chair; Deluhery and Redfern

                                    SSB 2227

    JUDICIARY: Hammond, Chair; Bisignano, Boettger, Giannetto and Maddox

                                    SSB 2228

    JUDICIARY: Neuhauser, Chair; Giannetto, McKean, Redfern and Vilsack

                                    SSB 2229

    JUDICIARY: Redfern, Chair; Giannetto, McKean, Neuhauser and Vilsack

                                    SSB 2232

    HUMAN RESOURCES: Kramer, Chair; Dvorsky and Szymoniak
                                    SSB 2233

    HUMAN RESOURCES: Neuhauser, Chair; Bartz and Hammond

                                    SSB 2234

    HUMAN RESOURCES: Neuhauser, Chair; Bartz and Hammond



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee:


         S.F.          2228          Transportation
         S.F.          2229          Human Resources
         S.F.          2230          Commerce
         S.F.          2231          Ways and Means
         S.F.          2232          Appropriations
         S.F.          2233          Nat. Resources, Env. & Energy
         S.F.          2234          Transportation
         H.F.          2109          Judiciary
         H.F.          2144          Human Resources



                                COMMITTEE REPORTS

    AGRICULTURE

    Final Bill Action: SENATE FILE 2184, a bill for an act relating to
    livestock by establishing a council and providing for brands.

    Recommendation: DO PASS.

    Final Vote: Ayes, 12: Priebe, Judge, Banks, Boswell, Douglas, Fraise,
    Giannetto, Hedge, Husak, Lundby, Sorensen and Zieman. Nays, none. Absent
    or not voting, 3:  Black, McLaren and Palmer.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    COMMERCE

    Final Bill Action: SENATE FILE 2123, a bill for an act relating to the
    payment of claims by an administrator acting on behalf of an insurer.

    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.



    COMMUNICATIONS AND INFORMATION POLICY

    Final Bill Action: SENATE FILE 2147, a bill for an act increasing the
    membership of the Iowa telecommunications and technology commission.

    Recommendation: DO PASS.

    Final Vote: Ayes, 7: Dvorsky, Deluhery, McLaren, Flynn, Hansen, Jensen
    and Redfern. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    HUMAN RESOURCES

    Final Bill Action: *SENATE FILE 2235 (SSB 2004), a bill for an act
    relating to the use of alternative licensing for nursing facilities.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
    Hansen, Kramer, Neuhauser, Tinsman and Vilsack. 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 Human Resources
    Committee on Senate File 2235 and they were attached to the committee
    report.

    ALSO:

    Final Bill Action: *SENATE FILE 2236 (formerly Senate File 2151), a bill
    for an act relating to regional and statewide targets for foster care
    placements.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
    Hansen, Kramer, Neuhauser, Tinsman and Vilsack. 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 Human Resources
    Committee on Senate File 2236 and they were attached to the committee
    report.



    NATURAL RESOURCES, ENVIRONMENT AND ENERGY

    Final Bill Action: SENATE FILE 2041, a bill for an act relating to the
    definition of resident for the purpose of obtaining licenses to hunt,
    fish, or take protected species of animals.

    Recommendation: DO PASS.

    Final Vote: Ayes, 14: Fink, Lundby, Banks, Borlaug, Dearden, Deluhery,
    Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and Sorensen.
    Nays, none.  Absent or not voting, 1: Black.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                              INTRODUCTION OF BILLS

         Senate File 2232, by Deluhery, a bill for  an act relating to and
    making a state child care assistance supplemental appropriation to the
    department of human services for the fiscal year beginning July 1, 1995,
    and providing an effective date.

         Read first time under Rule 28 and passed on file.

         Senate File 2233, by Borlaug, a bill for  an act relating to
    underground storage tank community remediation subcontractor payments.

         Read first time under Rule 28 and passed on file.

         Senate File 2234, by Kramer, a bill for  an act relating to
    transportation of ground limestone.

         Read first time under Rule 28 and passed on file.

         Senate File 2235, by committee on Human Resources, a bill for  an
    act relating to the use of alternative licensing for nursing facilities
    and providing for a contingent effective date.

         Read first time under Rule 28 and placed on calendar.
         Senate File 2236, by committee on Human Resources, a bill for  an
    act relating to regional and statewide targets for foster care
    placements.

         Read first time under Rule 28 and placed on calendar.

         Senate File 2237, by Connolly, a bill for  an act relating to drug
    testing by school corporations.

         Read first time under Rule 28 and passed on file.

         Senate File 2238, by Banks, Halvorson, Lind, Iverson, Bennett,
    Freeman, Hansen, Jensen, Redfern, Connolly, and Murphy, a bill for  an
    act relating to highway 20 and providing an effective date.

         Read first time under Rule 28 and passed on file.

         Senate File 2239, by Priebe, a bill for  an act to reduce the
    imposition of state mandates on political subdivisions of the state and
    the private sector, to curtail the imposition of state mandates without
    adequate funding, making an appropriation, and providing for other
    related matters.

         Read first time under Rule 28 and passed on file.

         Senate File 2240, by Iverson, a bill for  an act relating to the
    regulation of rental fees for private residences and commercial
    property.

         Read first time under Rule 28 and passed on file.



                                AMENDMENTS FILED


         S-5085        H.F.          258           House amendment
         S-5086        S.F.          2108          Bill Fink
         S-5087        H.F.          511           William D. Palmer
         S-5088        S.F.          2114          Tony Bisignano
                                                   Tom Vilsack
         S-5089        S.F.          2102          Mary Lou Freeman
                                                   Wayne D. Bennett
                                                   Berl E. Priebe
                                                   Wilmer Rensink
                                                   H. Kay Hedge
                                                   Brad Banks
                                                   Don Gettings
                                                   John W. Jensen
         S-5090        H.C.R.        105           Elaine Szymoniak



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 9:27 a.m., until
    9:00 a.m., Wednesday, February 21, 1996.

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