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FORTY-FIFTH CALENDAR DAY TWENTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 21, 1996 The Senate met in regular session at 9:44 a.m., Senator Connolly presiding. Prayer was offered by the Reverend Steve Aronowitz, pastor of the Mount Vernon Community Bible Church, Mount Vernon, Iowa. The Journal of Tuesday, February 20, 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 20, 1996, passed the following bills in which the concurrence of the Senate is asked: House File 2018, a bill for an act relating to the statewide applicability of real estate improvement districts and providing an effective date. This bill was read first time and passed on file. House File 2183, a bill for an act relating to the validity of certain marriages. This bill was read first time and passed on file. House File 2196, a bill for an act transferring gambling moneys to the rebuild Iowa infrastructure fund and providing retroactive and effective dates. This bill was read first time and passed on file. ALSO: That the House has on February 21, 1996, passed the following bills in which the concurrence of the Senate is asked: House File 2209, a bill for an act requiring sex offender registry checks involving persons associated with the care of children. This bill was read first time and passed on file. House File 2225, a bill for an act relating to motorcycle rider education and providing an effective date. This bill was read first time and passed on file. INTRODUCTION OF BILLS Senate File 2241, by Murphy, a bill for an act relating to establishing, for purposes of establishing disability and providing death benefits under the statewide fire and police retirement system, a presumption that infectious diseases are work-related. Read first time and passed on file. Senate File 2242, by Iverson, a bill for an act relating to claims for nuisance arising out of an animal feeding operation. Read first time and passed on file. Senate File 2243, by Iverson, a bill for an act relating to the employment of a school bus driver following suspension of the school bus drivers permit. Read first time and passed on file. Senate File 2244, by Giannetto, a bill for an act relating to cooperative associations, by providing for the relationship between shareholders and members and their associations. Read first time and passed on file. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Jensen for the remainder of the week on request of Senator Rensink. The Senate stood at ease at 9:53 a.m. until the fall of the gavel. The Senate resumed session at 10:15 a.m., President Boswell presiding. APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 20, 1996, 8:20 a.m. Members Present: Priebe, Chair; Judge, Vice Chair; Banks, Ranking Member; Boswell, Douglas, Fraise, Giannetto, Hedge, Husak, Lundby, Sorensen and Zieman. Members Absent: Black, McLaren and Palmer (all excused). Committee Business: Recommended passage of Senate File 2184 and approved SSB 2213 as a committee bill. Adjourned: 8:34 a.m. BUSINESS AND LABOR Convened: February 20, 1996, 4:42 p.m. Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking Member; Banks, Connolly, Dvorsky, Giannetto, Hammond, Iverson and Maddox. Members Absent: none. Committee Business: Assigned study bill and governors appointees to subcommittees; approved SSB 2135 as a committee bill; recommended passage of Senate File 2027 as amended. Adjourned: 5:00 p.m. COMMERCE Convened: February 20, 1996, 2:49 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; approved SSBs 2121 and 2101 as committee bills; recommended passage of Senate File 2123. Adjourned: 3:11 p.m. JUDICIARY Convened: February 20, 1996, 1:35 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: Recommended confirmation of governors appointees; approved SSBs 2142, 2085, 2177, 2147 and Senate Files 2100 and 71 as committee bills; deferred action on Senate File 2053. Adjourned: 2:40 p.m. LOCAL GOVERNMENT Convened: February 20, 1996, 2:50 p.m. Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking Member; Fraise, Halvorson, Judge, McKean, Rittmer and Zieman. Members Absent: Black (excused). Committee Business: Assigned bills to subcommittees; recommended confirmation of governors appointee; recommended passage of Senate Files 2124 and 2131; approved SSBs 2207, 2205 and 2160 as committee bills; deferred action on SSB 2188. Adjourned: 3:31 p.m. NATURAL RESOURCES, ENVIRONMENT AND ENERGY Convened: February 20, 1996, 1:35 p.m. Members Present: Fink, Chair; Lundby, Ranking Member; Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and Sorensen. Members Absent: Black, Vice Chair (excused). Committee Business: Assigned bills and governors appointee to subcommittees; recommended passage of Senate Files 2060 and 2037 as amended; amended and approved SSB 2108 as a committee bill; recommended passage of Senate File 2041; approved SSB 2182 as a committee bill. Adjourned: 2:17 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: February 20, 1996, 3:37 p.m. Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking Member; Bennett, Boettger, Borlaug, Flynn, Giannetto, Kibbie, Palmer and Sorensen. Members Absent: Maddox, McKean, Szymoniak and Vilsack (all excused). Committee Business: Assigned bills to subcommittees; presentations by the Iowa film office and the executive director of the Iowa sesquicentennial commission. Adjourned: 4:29 p.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 20, 1996, 11:20 a.m. Members Present: Banks, Ranking Member; Bennett and Gettings. Members Absent: Black, Chair and Priebe Vice Chair (both excused). Committee Business: Budget presentation by the director of the department of natural resources on waste tires and teaming with wildlife. Adjourned: 12:00 noon. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 20, 1996, 11:11 a.m. Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking Member; Boettger and Dearden. Members Absent: none. Committee Business: Presentation by the division of deaf services; discussed and amended proposed appropriations bill. Adjourned: 11:42 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 20, 1996, 10:22 a.m. Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking Member and Rittmer. Members Absent: Deluhery. Committee Business: Presentations and discussion by juvenile court officials, clients and advocates. Adjourned: 11:55 a.m. REPORTS OF STANDING COMMITTEES (Place nominees on En Bloc Confirmation Calendar) JUDICIARY Pursuant to Senate Rule 59, the committee on Judiciary assigned to investigate the following governors appointments, completed its investigations on February 20, 1996, and recommended the appointees be confirmed: Donald R. Tietz as a member of the Board of Corrections. John F. Bright and Zell L. Millard as members of the State Judicial Nominating Commission. LOCAL GOVERNMENT Pursuant to Senate Rule 59, the committee on Local Government assigned to investigate the following governors appointment, completed its investigation on February 20, 1996, and recommended the appointee be confirmed: Jon P. Finney as a member of the County Finance Committee. STUDY BILLS RECEIVED SSB 2239 Small Business, Economic Development & Tourism Relating to department of economic development programs, including the workforce development fund program and the Iowa small business new jobs training Act, establishing a rural microbusiness assistance program, and increasing the funds available for the value-added agricultural products and processes program. SSB 2240 Education Relating to the administration and accreditation of area education agency programs and providing for properly related matters. SSB 2241 Human Resources Relating to the establishment of a problem gambling treatment program, creating an advisory committee, providing for other properly related matters, and applying a penalty. SSB 2242 Human Resources Relating to health care provider identification tags and authorizing a penalty. SSB 2243 State Government Providing for access by the division of criminal and juvenile justice planning of the department of human rights to confidential records held by other state agencies. SSB 2244 State Government Relating to the continued existence of the department of human rights and the appointment of the department director. SSB 2245 Judiciary Relating to consumer protection by requiring the registration of certain persons seeking to engage in regulated businesses in this state, and providing for civil and criminal penalties. SSB 2246 Judiciary Relating to judicial administration, including the definition of a judicial officer, the administrative authority of certain judges within a district, and the retirement age of an associate juvenile judge and associate probate judge. SSB 2247 Judiciary Relating to marriage and divorce. SSB 2248 Judiciary Relating to the representation of indigents and other court appointments in criminal and juvenile proceedings and providing effective and retroactive applicability dates. SSB 2249 Judiciary Relating to the right to appointed counsel or a public defender, by relating to the eligibility for certain indigents, the recovery of defense costs, and by restricting the right to counsel for certain parents in child in need of assistance cases. SSB 2250 Judiciary Relating to penalties for the possession, manufacture, and delivery of lysergic acid diethylamide. SSB 2251 Judiciary Relating to victim compensation for health care for persons other than the victim. SSB 2252 Judiciary Relating to the duties of the clerk of court concerning court records. SSB 2253 Judiciary Relating to the mediation process in truancy matters. SSB 2254 Judiciary Establishng a mechanics lien for a lessor of material used in the course of alteration, construction, or repair of a building, improvement, or land. SSB 2255 Judiciary Relating to the establishment of a mandatory course for parties to a proceeding in which child custody, visitation, or physical care is involved. SSB 2256 Appropriations Relating to energy conservation including making appropriations of petroleum overcharge funds. SSB 2257 Appropriations Relating to and making a supplemental appropriation to the department of economic development for the fiscal year beginning July 1, 1995, and providing an effective date. SSB 2258 Appropriations Relating to and making supplemental appropriations for the fiscal year beginning July 1, 1995, and providing an effective date. SSB 2259 Appropriations Revising requirements for the general assemblys approval of an appropriation from the cash reserve fund. SSB 2260 Appropriations Relating to the compensation and benefits for public officials and employees and making appropriations. SSB 2261 Appropriations Appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal grants are more or less than anticipated. SSB 2262 Appropriations Relating to payments made on the approval of the adjutant general of the Iowa national guard. SSB 2263 Appropriations Relating to agriculture and natural resources, by providing for appropriations and revenue. SSB 2264 Appropriations Relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, and making appropriations to various state agencies for capital projects from the rebuild Iowa infrastructure fund, and depositing gambling revenues to various funds. SSB 2265 Appropriations Relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters, transferring lottery revenues to the general fund of the state, and authorizing the assessment of a surcharge on workers compensation benefits paid. SSB 2266 Appropriations Relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing an effective date provision. SSB 2267 Appropriations Relating to and making appropriations to the department for the blind, the Iowa state civil rights commisssion, the department of elder affairs, the Iowa department of public health, the department of human rights, the commission of veterans affairs, and the governors alliance on substance abuse. SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 2004 STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer Senate File 2183 HUMAN RESOURCES: Szymoniak, Chair; Kramer and Neuhauser Senate File 2193 HUMAN RESOURCES: Neuhauser, Chair; Bartz and Hammond Senate File 2194 HUMAN RESOURCES: Szymoniak, Chair; Boettger and Hansen Senate File 2197 WAYS AND MEANS: Connolly, Chair; Drake and Neuhauser Senate File 2198 JUDICIARY: Vilsack, Chair; Bisignano, Boettger, Giannetto and Redfern Senate File 2202 JUDICIARY: Szymoniak, Chair; Drake, Giannetto, Maddox and Vilsack Senate File 2205 JUDICIARY: Fraise, Chair; Giannetto, McKean, Redfern and Vilsack Senate File 2224 STATE GOVERNMENT: Giannetto, Chair; Drake and Kibbie Senate File 2225 STATE GOVERNMENT: Connolly, Chair; Fink and McLaren House Concurrent Resolution 109 HUMAN RESOURCES: Szymoniak, Chair; Boettger and Hansen House File 2107 HUMAN RESOURCES: Vilsack, Chair; Hansen and Tinsman House File 2165 WAYS AND MEANS: Vilsack, Chair; Bennett and Neuhauser House File 2181 HUMAN RESOURCES: Neuhauser, Chair; Hammond and Kramer SSB 2219 STATE GOVERNMENT: Gronstal, Chair; Halvorson and Lundby SSB 2230 STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer SSB 2231 STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen SSB 2237 WAYS AND MEANS: Palmer, Chair; Connolly, Hedge, Iverson and Vilsack SSB 2238 WAYS AND MEANS: Vilsack, Chair; Drake, Hedge, Murphy and Palmer SSB 2239 SMALL BUSINESS, ECON. DEVLPT AND TOURISM: Vilsack, Chair; Maddox and Szymoniak SSB 2241 HUMAN RESOURCES: Hansen, Chair; Tinsman and Vilsack SSB 2242 HUMAN RESOURCES: Szymoniak, Chair; Boettger and Dvorsky SSB 2243 STATE GOVERNMENT: Gronstal, Chair; Drake and Kibbie SSB 2244 STATE GOVERNMENT: Gronstal, Chair; Drake and Kibbie SSB 2245 JUDICIARY: McKean, Chair; Giannetto, Neuhauser, Redfern and Vilsack SSB 2246 JUDICIARY: Maddox, Chair; Giannetto, Neuhauser, Redfern and Vilsack SSB 2247 JUDICIARY: Giannetto, Chair; Fraise, McKean, Redfern and Vilsack SSB 2248 JUDICIARY: Hansen, Chair; Boettger, Giannetto, Maddox and Vilsack SSB 2249 JUDICIARY: Hansen, Chair; Boettger, Giannetto, Maddox and Vilsack SSB 2250 JUDICIARY: Neuhauser, Chair; Bartz, Drake, Giannetto and Szymoniak SSB 2251 JUDICIARY: Hammond, Chair; Bartz, Bisignano, Drake and Giannetto SSB 2252 JUDICIARY: Boettger, Chair; Giannetto, McKean, Neuhauser and Vilsack SSB 2253 JUDICIARY: Bisignano, Chair; Boettger, Giannetto, Maddox and Vilsack SSB 2254 JUDICIARY: Neuhauser, Chair; Drake, Giannetto, Maddox and Vilsack SSB 2255 JUDICIARY: Hammond, Chair; Boettger, Giannetto, Maddox and Vilsack COMMITTEE REPORTS AGRICULTURE Final Bill Action: *SENATE FILE 2260 (SSB 2213), a bill for an act relating to soil and water conservation, by providing for the powers and duties of commissions of soil and water conservation districts, and soil and water conservation practices. Recommendation: APPROVED COMMITTEE BILL. 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. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Agriculture Committee on Senate File 2260 and they were attached to the committee report. BUSINESS AND LABOR Final Bill Action: SENATE FILE 2027, a bill for an act relating to increasing the hourly minimum wage requirement in Iowa. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5091. Final Vote: Ayes, 6: Dearden, Gettings, Connolly, Dvorsky, Giannetto and Hammond. Nays, 4: Freeman, Banks, Iverson and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2247 (SSB 2135), a bill for an act relating to unemployment insurance benefits by providing for employer contributions and liability for benefits regarding successor employers. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Dearden, Gettings, Freeman, Banks, Connolly, Dvorsky, Giannetto, Hammond, Iverson and Maddox. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: SENATE FILE 2252 (SSB 2147), a bill for an act relating to the number and apportionment of district associate judges. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 1: Bisignano. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2255 (SSB 2177), a bill for an act relating to the authority of fiduciaries under the probate code to invest in open-end or closed-end management investment companies or investment trusts. 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 2256 (formerly Senate File 2100), a bill for an act relating to possession or control of alcohol by persons aged eighteen, nineteen, and twenty, and providing a penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Giannetto, Vilsack, McKean, Boettger, Drake, Fraise, Hammond, Maddox, Neuhauser, Redfern and Szymoniak. Nays, 4: Bartz, Bisignano, Halvorson and Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: SENATE FILE 2124, a bill for an act relating to voter approval of annexation or severance proposals. Recommendation: DO PASS. Final Vote: Ayes, 6: Sorensen, Fink, Fraise, Judge, McKean and Zieman. Nays, 3: Maddox, Halvorson and Rittmer. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2131, a bill for an act relating to a continuing appropriation for city capital projects and major equipment. Recommendation: DO PASS. Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman. Nays, none. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2253 (SSB 2205), a bill for an act relating to eligibility of persons for county general assistance. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman. Nays, none. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2254 (SSB 2160), a bill for an act relating to filing of instruments by county recorders. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman. Nays, none. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES Final Bill Action: *SENATE FILE 2258 (SSB 2108), a bill for an act relating to the regulation of motorboats on certain artificial lakes, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. 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. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Natural Resources, Environment and Energy Committee on Senate File 2258 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 2259 (SSB 2182), a bill for an act relating to issuance of a certificate of title for a documented vessel. Recommendation: APPROVED COMMITTEE BILL. 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. STATE GOVERNMENT Final Bill action: *SENATE FILE 2245 (SSB 2180), a bill for an act relating to public retirement systems, making appropriations, and providing effective and retroactive applicability dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby and Sorensen. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the State Government Committee on Senate File 2245 and they were attached to the committee report. TRANSPORTATION Final Bill Action: SENATE FILE 2108, a bill for an act requiring flashing amber lights on motor vehicles used for snow removal and making existing penalties applicable. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5093. Final Vote: Ayes, 11: Gettings, Fraise, Drake, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2112, a bill for an act creating an Amana road fund board, providing for use of road moneys by the board, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 8: Gettings, Fraise, Drake, Connolly, Dearden, Douglas, Fink and Jensen. Nays, 3: Halvorson, Lind and Rittmer. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2185, a bill for an act providing for maintenance and repair of out-of-state commercial vehicles and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 11: Gettings, Fraise, Drake, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2066, a bill for an act relating to the operation of motor vehicles in border cities and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 11: Gettings, Fraise, Drake, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5091 S.F. 2027 Business and Labor S-5092 S.F. 2203 Mary Neuhauser S-5093 S.F. 2108 Transportation S-5094 S.F. 73 Tom Vilsack S-5095 S.F. 2108 Jo Ann Douglas Richard F. Drake Bill Fink S-5096 S.F. 2100 Tony Bisignano INTRODUCTION OF BILLS Senate File 2245, by committee on State Government, a bill for an act relating to public retirement systems, making appropriations, and providing effective and retroactive applicability dates. Read first time under Rule 28 and placed on calendar. Senate File 2246, by Bartz, a bill for an act relating to animal feeding operations by providing for zoning and providing for liability of members holding an interest in certain entities. Read first time under Rule 28 and passed on file. Senate File 2247, by committee on Business and Labor Relations, a bill for an act relating to unemployment insurance benefits by providing for employer contributions and liability for benefits regarding successor employers. Read first time under Rule 28 and placed on calendar. Senate File 2248, by Lind, a bill for an act relating to child abuse provisions involving drugs. Read first time under Rule 28 and passed on file. Senate File 2249, by Lind, a bill for an act relating to the disconnection of a customer by an electric or gas utility. Read first time under Rule 28 and passed on file. Senate File 2250, by Lind, a bill for an act defining oversale of bus tickets as a fraudulent practice and making existing penalties applicable. Read first time under Rule 28 and passed on file. Senate File 2251, by Lind, a bill for an act directing the department of human services to apply for a federal waiver relating to recovery of medical assistance from a recipients estate. Read first time under Rule 28 and passed on file. Senate File 2252, by committee on Judiciary, a bill for an act relating to the number and apportionment of district associate judges. Read first time under Rule 28 and placed on calendar. Senate File 2253, by committee on Local Government, a bill for an act relating to eligibility of persons for county general assistance. Read first time under Rule 28 and placed on calendar. Senate File 2254, by committee on Local Government, a bill for an act relating to filing of instruments by county recorders. Read first time under Rule 28 and placed on calendar. Senate File 2255, by committee on Judiciary, a bill for an act relating to the authority of fiduciaries under the probate code to invest in open-end or closed-end management investment companies or investment trusts. Read first time under Rule 28 and placed on calendar. Senate File 2256, by committee on Judiciary, a bill for an act relating to possession or control of alcohol by persons aged eighteen, nineteen, and twenty, and providing a penalty. Read first time under Rule 28 and placed on calendar. Senate File 2257, by Bisignano, a bill for an act requiring a child day care provider who has been found to have committed child abuse to register with the state and related provisions, making an appropriation, and providing penalties. Read first time and passed on file. Senate File 2258, by committee on Natural Resources, Environment, and Energy, a bill for an act relating to the regulation of motorboats on certain artificial lakes, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2259, by committee on Natural Resources, Environment, and Energy, a bill for an act relating to issuance of a certificate of title for a documented vessel. Read first time under Rule 28 and placed on calendar. Senate File 2260, by committee on Agriculture, a bill for an act relating to soil and water conservation, by providing for the powers and duties of commissioners of soil and water conservation districts, and soil and water conservation practices. Read first time under Rule 28 and placed on calendar. Senate File 2261, by committee on Commerce, a bill for an act relating to the procedures for disposition of the contents of a decedents safe deposit box. Read first time under Rule 28 and placed on calendar. Senate File 2262, by committee on Commerce, a bill for an act relating to the percentage of the legal reserve of a life insurance company which may be invested in certain corporate obligations. Read first time under Rule 28 and placed on calendar. Senate File 2263, by Maddox, a bill for an act relating to the establishment of a procedure for the release of medical records and information regarding plaintiffs involved in certain civil actions. Read first time under Rule 28 and passed on file. STUDY BILLS RECEIVED SSB 2268 Appropriation Relating to the funding of, operation of, and appropriation of moneys to agencies, institutions, commissions, departments, and boards responsible for education and cultural programs of this state, and increasing the minimum annual salary for full-time teachers and providing an effective date. SSB 2269 Appropriations Relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services,judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safetys administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshals office, for the fiscal year beginning July 1, 1996, and providing effective dates. SSB 2270 Commerce Relating to the regulation of insurance and amending provisions providing for setoff of premium, fraudulent submissions to insurers, availability of certain information to insurers, length of term of th board of directors of an insurer, notice of cancellation, delivery of certain policies in this state, and making a penalty applicable. SSB 2271 Commerce Relating to satellite terminals and establishing certain requirements for such terminals of a financial institution with a principal place of business in another state and a business location in Iowa. SSB 2272 Commerce Relating to the consumer credit code and permissible finance charges and other fees which may be charged to a consumer by a lender. SSB 2124.1 Commerce Adopting the uniform transfer on death security registration Act. SUBCOMMITTEE ASSIGNMENTS Senate File 2195 APPROPRIATIONS: Dvorsky, Chair; Douglas and Halvorson Senate File 2199 EDUCATION: Dvorsky, Chair; Redfern and Szymoniak Senate File 2226 EDUCATION: Deluhery, Chair; Kramer and Murphy Senate File 2227 APPROPRIATIONS: Black, Chair; Banks and Husak Senate File 2232 APPROPRIATIONS: Hammond, Chair; Flynn and Tinsman House File 2137 APPROPRIATIONS: Murphy, Chair; Boswell and Lind SSB 2235 EDUCATION: Redfern, Chair; Dvorsky and Kibbie SSB 2236 EDUCATION: Dvorsky, Chair; Connolly and Iverson SSB 2240 EDUCATION: Dvorsky, Chair; Fink and Tinsman SSB 2256 APPROPRIATIONS: Neuhauser, Chair; Bartz and Dvorsky SSB 2257 APPROPRIATIONS: Murphy, Chair; Boswell and Lind SSB 2258 APPROPRIATIONS: Murphy, Chair; Boswell and Lind SSB 2259 APPROPRIATIONS: Murphy, Chair; Husak and Lind SSB 2260 APPROPRIATIONS: Murphy, Chair; Bartz and Husak SSB 2261 APPROPRIATIONS: Flynn, Chair; Hammond and Rensink SSB 2262 APPROPRIATIONS: Neuhauser, Chair; Boswell and McLaren SSB 2263 APPROPRIATIONS: Black, Chair; Banks and Husak SSB 2264 APPROPRIATIONS: Halvorson, Chair; Douglas and Murphy BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: 412 JOURNAL OF THE SENATE 45th Day S.F. 2237 Education S.F. 2239 Rules and Administration S.F. 2240 Local Government S.F. 2241 State Government S.F. 2242 Judiciary S.F. 2248 Judiciary S.F. 2249 Commerce S.F. 2250 Judiciary S.F. 2251 Human Resources H.F. 2018 State Government H.F. 2196 Appropriations H.F. 2209 Human Resources COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE FILE 2261 (SSB 2102), a bill for an act relating to the procedures for disposition of the contents of a decedents safe deposit box. Recommendation: APPROVED COMMITTEE BILL. 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. ALSO: Final Bill Action: SENATE FILE 2262 (SSB 2121), a bill for an act relating to the percentage of the legal reserve of a life insurance company which may be invested in certain corporate obligations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Deluhery, Hansen, Jensen, Bartz, Douglas, Flynn, Freeman, Gettings, Gronstal, Husak, Palmer, Priebe and Redfern. Nays, none. Absent or not voting, 2: Bisignano and Hedge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: SENATE FILE 2265 (formerly Senate File 71), a bill for an act relating to the required participation of parents of minor children in a seminar prior to the granting of a dissolution of marriage decree. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, 1: Bartz. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES Final Bill Action: SENATE FILE 2037, a bill for an act relating to animal feeding operations by providing for county zoing of certain operations, and imposing requirements relating to construction permits. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5097. Final Vote: Ayes, 8: Fink, Lundby, Dearden, Deluhery, Gronstal, Judge, Kibbie and Sorensen. Nays, 5: Banks, Borlaug, Freeman, Hedge and Rensink. Pass, 1: Priebe. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 2104, a bill for an act relating to state employee disclosures of information and making penalties applicable. Recommendation: DO PASS. Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lundby and Sorensen. Nays, none. Absent or not voting, 2: Lind and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2121, a bill for an act providing for auditing practices by the Iowa state fair board. Recommendation: DO PASS. Final Vote: Ayes, 11: Gronstal, Kibbie, Rittmer, Bennett, Connolly, Dearden, Drake, Fink, Halvorson, Lundby and Sorensen. Nays, none. Absent or not voting, 4: Bisignano, Giannetto, Lind and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2122, a bill for an act relating to unclaimed property held by the state, fraudulent practices to obtain the property, and establishing a penalty. Recommendation: DO PASS. Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lundby and Sorensen. Nays, none. Absent or not voting, 2: Lind and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2127, a bill for an act relating to the confidentiality of social security numbers of the owners of unclaimed property. Recommendation: DO PASS. Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lundby and Sorensen. Nays, none. Absent or not voting, 2: Lind and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2169, a bill for an act relating to the conduct of raffles by certain fairs, nonprofit organizations, political parties, and committees of candidates for elective office, and subjecting violators to a penalty. Recommendation: DO PASS. Final Vote: Ayes, 9: Gronstal, Kibbie, Rittmer, Bisignano, Connolly, Dearden, Fink, Lundby and Sorensen. Nays, 5: Bennett, Drake, Giannetto, Halvorson and Lind. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. INTRODUCTION OF BILLS Senate File 2264, by Husak, a bill for an act relating to the general assemblys intent regarding the primary purpose of the Iowa communications network and limitations on the addition of authorized users. Read first time under Rule 28 and passed on file. Senate File 2265, by committee on Judiciary, a bill for an act relating to the required participation of parents of minor children in a seminar prior to the granting of a dissolution of marriage decree and certain contested modification of custody orders. Read first time under Rule 28 and placed on calendar. AMENDMENT FILED S-5097 S.F. 2037 Nat. Resources, Env. & Energy ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 10:16 a.m., until 9:00 a.m. , Thursday, February 22, 1996.
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