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FORTY-SIXTH CALENDAR DAY
TWENTY-EIGHTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, February 22, 1996
The Senate met in regular session at 9:06 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Harold Stone, pastor of the
Berean Assembly of God Church, Pleasant Hill, Iowa.
The Journal of Wednesday, February 21, 1996, was approved.
HOUSE MESSAGE RECEIVED
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 21, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2066, a bill for an act relating to assisted suicide
and providing criminal penalties.
INTRODUCTION OF BILL
Senate File 2266, by committee on Transportation, a bill for an
act making transportation-related Code changes including providing for a
temporary registration permit, increasing registration fees for certain
trailers, and providing an effective date.
Read first time and placed on calendar.
President pro tempore Bisignano took the chair at 9:53 a.m.
Senator Connolly took the chair at 10:12 a.m.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2110
On motion of Senator Gettings, Senate File 2110, a bill for an act
relating to the establishment of an anatomical gift public awareness and
transplantation fund to be administered by and an anatomical gift public
awareness advisory committee to be established within the Iowa
department of public health, was taken up for consideration.
Senator Gettings 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. 2110) the vote was:
Ayes, 45:
Banks Bartz Bennett Bisignano
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 Lind Lundby Maddox
McKean Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Tinsman
Vilsack Zieman
Nays, none.
Absent or not voting, 5:
Black Jensen Kramer McLaren
Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred February 19, 1996)
Senate File 2154
The Senate resumed consideration of Senate File 2154, a bill for an
act increasing the penalties for certain offenses involving
methamphetamine, deferred February 19, 1996.
Senator Bisignano offered amendment S-5100 filed by him from the
floor to page 1 of the bill.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Szymoniak for the remainder of the week on request of
Senator Sorensen.
BUSINESS PENDING
Senate File 2154
The Senate resumed consideration of Senate File 2154 and amendment
S-5100.
Senator Bisignano moved the adoption of amendment S-5100, which
motion prevailed by a voice vote.
Senator Bisignano 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. 2154) the vote was:
Ayes, 46:
Banks Bartz Bennett Bisignano
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 Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Tinsman
Vilsack Zieman
Nays, none.
Absent or not voting, 4:
Black Jensen McLaren Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Husak asked and received unanimous consent that Senate
Files 2110 and 2154 be immediately messaged to the House.
HOUSE MESSAGE RECEIVED
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 22, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2130, a bill for an act eliminating the requirement to
commence litigation involving shipments of plants infested with gypsy
moths, and providing an effective date.
INTRODUCTION OF BILLS
Senate Joint Resolution 2005, by Connolly, a joint resolution
proposing an amendment to the Constitution of the State of Iowa relating
to the right of children to free education through the secondary level.
Read first time and passed on file.
Senate File 2267, by Fraise, a bill for an act relating to work by
inmates.
Read first time and passed on file.
Senate File 2268, by committee on Local Government, a bill for an
act relating to the financial procedures of counties, cities, and
drainage districts, by amending the powers and duties of county
treasurers, by eliminating the filing of late claims for property tax
credits, by striking personal property tax credits of military veterans,
by striking outdated property tax limitations, by providing for properly
related matters, and by providing an applicability date.
Read first time and placed on calendar.
Senate File 2269, by committee on Judiciary, a bill for an act
enhancing the penalties for a third or subsequent offense of domestic
abuse assault.
Read first time and placed on calendar.
Senate File 2270, by committee on Judiciary, a bill for an act
amending the uniform commercial code relating to letters of credit and
providing an effective date.
Read first time and placed on calendar.
Senate File 2271, by Husak, a bill for an act authorizing small
quantities of wine to be shipped in and out of this state for
consumption or use by persons twenty-one years of age or older.
Read first time and passed on file.
Senate File 2272, by Borlaug, Iverson, and Kramer, a bill for an
act relating to school meal programs.
Read first time and passed on file.
Senate File 2273, by McKean, a bill for an act relating to the
advertising and promotion of the state lottery or any multistate
lottery.
Read first time and passed on file.
RECESS
On motion of Senator Husak, the Senate recessed at 10:35 a.m.,
until 2:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: February 22, 1996, 8:04 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Banks, Ranking
Member; Boswell, Douglas, Fraise, Giannetto, Hedge, Husak, Lundby,
Palmer, Sorensen and Zieman.
Members Absent: Black and McLaren (both excused).
Committee Business: Discussed LSB 4317 and SSB 2273.
Adjourned: 8:36 a.m.
COMMERCE
Convened: February 21, 1996, 3:38 p.m.
Members Present: Deluhery, Chair; Bartz, Bisignano, Douglas, Flynn,
Freeman, Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern.
Members Absent: Hansen, Vice Chair and Jensen, Ranking Member (both
excused).
Committee Business: Assigned bills to subcommittees; approved SSBs 2202,
2122, 2124.1 as committee bills; recommended passage of Senate File
2162; recommended confirmation of governors appointee.
Adjourned: 4:30 p.m.
EDUCATION
Convened: February 21, 1996, 2:36 p.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Murphy,
Neuhauser, Rensink and Tinsman.
Members Absent: Lind and Szymoniak (both excused).
Committee Business: Assigned bills to subcommittees; approved SSBs 2184
and 2186 as committee bills; recommended passage of Senate File 2145.
Adjourned: 2:53 p.m.
HUMAN RESOURCES
Convened: February 21, 1996, 1:51 p.m.
Members Present: Hammond, Vice Chair; Dvorsky, Hansen, Kramer,
Neuhauser, Tinsman and Vilsack.
Members Absent: Szymoniak, Chair (excused); Boettger, Ranking Member;
Bartz (excused).
Committee Business: Amended and approved SSBs 2155 and 2164 as committee
bills; approved SSB 2168 as a committee bill; recommended passage of
House File 111 as amended.
Adjourned: 2:19 p.m.
JUDICIARY
Convened: February 21, 1996, 4:45 p.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen,
Maddox, Neuhauser and Redfern.
Members Absent: Bartz and Szymoniak (both excused).
Committee Business: Assigned bills to subcommittees; recommended
confirmation of governors appointee; discussed and deferred action on
SSB 2143; approved SSB 2146 as a committee bill.
Adjourned: 6:00 p.m.
LOCAL GOVERNMENT
Convened: February 21, 1996, 3:38 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: Approved SSB 2188 as a committee bill; SSBs 2090 and
2187 failed committee approval.
Adjourned: 4:31 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: February 21, 1996, 4:38 p.m.
Members Present: Fink, Chair; Lundby, Ranking Member; Banks, Borlaug,
Dearden, Deluhery, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and
Sorensen.
Members Absent: Black, Vice Chair (excused) and Freeman.
Committee Business: Approved SSBs 2222 and 2045 as a committee bill;
presentation by the attorney generals office, ABI and Sierra Club on
environmental audits.
Adjourned: 5:50 p.m.
TRANSPORTATION
Convened: February 21, 1996, 3:43 p.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and
Rittmer.
Members Absent: Black (excused).
Committee Business: Recommended passage of House File 2066 and Senate
Files 2185, 2112 and 2108; approved SSB 2212 as a committee bill.
Adjourned: 4:35 p.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
Convened: February 21, 1996, 11:05 a.m.
Members Present: Priebe, Vice Chair.
Members Absent: Black, Chair; Banks, Ranking Member; Bennett and
Gettings (all excused).
Committee Business: Presentation by Iowa state university regarding the
veterinary school and multiflora rose eradication efforts.
Adjourned: 11:55 a.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: February 20, 1996, 11:12 a.m.
Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking
Member; Husak and Redfern.
Members Absent: none.
Committee Business: Presentation on the community-based program.
Adjourned: 11:30 a.m.
REPORTS OF STANDING COMMITTEES
(Place nominees on En Bloc Confirmation Calendar)
COMMERCE
Pursuant to Senate Rule 59, the committee on Commerce assigned to
investigate the following governors appointment, completed its
investigation on February 21, 1996, and recommended the appointee be
confirmed:
Berneil Preul as a member of the Title Guaranty Division Board.
JUDICIARY
Pursuant to Senate Rule 59, the committee on Judiciary assigned to
investigate the following governors appointment, completed its
investigation on February 21, 1996, and recommended the appointee be
confirmed:
Liz S. Nichols as a member of the Iowa State Civil Rights
Commission.
COMPANION BILL RECEIVED
On February 21, 1996, House File 2225 was received and attached to
companion Senate File 2141 on the calendar.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2228
TRANSPORTATION: Halvorson, Chair; Black and Jensen
Senate File 2234
TRANSPORTATION: Dearden, Chair; Douglas and Fraise
Senate File 2242
JUDICIARY: Bisignano, Chair; Boettger, Giannetto, McKean and Vilsack
Senate File 2248
JUDICIARY: Szymoniak, Chair; Drake, Giannetto, Hammond and Maddox
Senate File 2250
JUDICIARY: Boettger, Chair; Bisignano, Drake, Giannetto and Vilsack
SSB 2265
APPROPRIATIONS: Murphy, Chair; Boswell and Lind
SSB 2266
APPROPRIATIONS: Hammond, Chair; Murphy and Tinsman
SSB 2267
APPROPRIATIONS: Flynn, Chair; Murphy and Rensink
SSB 2268
APPROPRIATIONS: Kibbie, Chair; Kramer and Murphy
SSB 2269
APPROPRIATIONS: Fraise, Chair; Dvorsky and Iverson
COMMITTEE REPORTS
COMMERCE
Final Bill Action: SENATE FILE 2162, a bill for an act relating to the
postdelivery benefits and care requirements for mothers and newborns.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Deluhery, Hansen, Bisignano, Douglas, Flynn,
Freeman, Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern.
Nays, none. Absent or not voting, 2: Jensen and Bartz.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EDUCATION
Final Bill Action: SENATE FILE 2276 (SSB 2184), a bill for an act
providing limited English proficiency programs in the public schools,
making an appropriation for additional funding for an increase in the
actual number of limited English proficient students, and providing an
effective and applicability date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Connolly, Kibbie, Redfern, Dvorsky, Fink, Hammond,
Kramer, Neuhauser and Rensink. Nays, none. Absent or not voting, 6:
Deluhery, Iverson, Lind, Murphy, Szymoniak and Tinsman
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: SENATE FILE 2269 (SSB 2085), a bill for an act
enhancing the penalties for a third or subsequent offense of domestic
abuse assault.
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 2270 (SSB 2142), a bill for an act
amending the uniform commercial code relating to letters of credit and
providing an effective date.
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.
LOCAL GOVERNMENT
Final Bill Action: SENATE FILE 2268 (SSB 2207), a bill for an act
relating to the financial procedures of counties, cities, and drainage
districts, by amending the powers and duties of county treasurers, by
eliminating the filing of late claims for property tax credits, by
striking personal property tax credits of military veterans, by striking
outdated property tax limitations, by providing for properly related
matters, and by providing an applicability date.
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 2280 (SSB 2188), a bill for an act
relating to filing fees charged by county recorders and eliminating a
surcharge fee.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 7: Sorensen, Fink, Maddox, Halvorson, McKean, Rittmer
and Zieman. Nays, 2: Fraise and Judge. Absent or not voting, 1: Black.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 2060, a bill for an act relating to the
use of blaze orange apparel by phesant hunters and subjecting violators
to a penalty.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5106.
Final Vote: Ayes, 11: Fink, Lundby, Dearden, Deluhery, Freeman,
Gronstal, Hedge, Judge, Kibbie, Rensink and Sorensen. Nays, 3: Banks and
Borlaug and Priebe. Absent or not voting, 1: Black.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 2278 (SSB 2111), a bill for an act
repealing the prohibition on political activity by a member, officer, or
employee of the natural resource commission.
Recommendation: APPROVED COMMITTEE BILL.
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 2281 (SSB 2243), a bill for an act
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.
Recommendation: APPROVED COMMITTEE BILL.
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.
TRANSPORTATION
Final Bill Action: *SENATE FILE 2266 (SSB 2212), a bill for an act
making transportation-related Code changes including providing for a
temporary registration permit, increasing registration fees for certain
trailers, and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Transportation
Committee on Senate File 2266 and they were attached to the committee
report.
AFTERNOON SESSION
The Senate reconvened at 2:37 p.m., President Boswell presiding.
HOUSE MESSAGE RECEIVED
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 22, 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 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 (S-5107 to H-5079).
INTRODUCTION OF BILLS
Senate File 2274, by McKean, a bill for an act setting campaign
expenditure limits and providing for grants of income tax checkoff funds
to certain candidates for the general assembly, making changes in the
Iowa election campaign fund, and providing an effective date.
Read first time and passed on file.
Senate File 2275, by Flynn, a bill for an act permitting the
school budget review committee to grant transportation assistance aid to
certain school districts and providing for an appropriation.
Read first time and passed on file.
Senate File 2276, by committee on Education, a bill for an act
providing limited English proficiency programs in the public schools,
making an appropriation for additional funding for an increase in the
actual number of limited English proficient students, and providing an
effective and applicability date.
Read first time and placed on calendar.
Senate File 2277, by Maddox, a bill for an act requiring future
damages in personal injury actions to be adjusted according to present
value.
Read first time and passed on file.
Senate File 2278, by committee on State Government, a bill for an
act repealing the prohibition on political activity by a member,
officer, or employee of the natural resource commission.
Read first time and placed on calendar.
Senate File 2279, by Bennett, a bill for an act requiring court
magistrates to stand for retention in judicial elections and providing
transition provisions and an effective date provision.
Read first time and passed on file.
Senate File 2280, by committee on Local Government, a bill for an
act relating to filing fees charged by county recorders and eliminating
a surcharge fee.
Read first time and placed on calendar.
Senate File 2281, by committee on State Government, a bill for an
act 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.
Read first time and placed on calendar.
Senate File 2282, by committee on Commerce, a bill for an act
relating to the requirement of notifying a consumer of a change in the
terms of an open-end credit agreement.
Read first time and placed on calendar.
Senate File 2283, by committee on Commerce, a bill for an act
relating to voting, the distribution of earnings, and the bylaws of a
cooperative association.
Read first time and passed on file.
Senate File 2284, by committee on Education, a bill for an act
providing for special motor vehicle registration plates for education,
for the transfer and appropriation of revenue from the sale of the
plates to the school budget review committee, for properly related
matters, and for an effective date.
Read first time and placed on calendar.
Senate File 2285, by committee on Education, a bill for an act
authorizing school districts to establish and enforce traffic and
parking rules and authorizing penalties.
Read first time and placed on calendar.
Senate File 2286, by committee on Natural Resources, Environment
and Energy, a bill for an act relating to appropriations to the
department of justice for the investigation and prosecution of
environmental crimes.
Read first time and placed on calendar.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2157
On motion of Senator Fink, Senate File 2157, a bill for an act
relating to the duties of the college student aid commission in
administering the Iowa guaranteed loan program, creating a chiropractic
loan revolving fund, and providing for matters related to the
chiropractic graduate student forgivable loan program, was taken up for
consideration.
Senator Bartz asked and received unanimous consent that action on
Senate File 2157 be deferred.
Senate File 2161
On motion of Senator Bisignano, Senate File 2161, a bill for an act
providing for agency and department cooperation in employing inmates
under the hard labor program, was taken up for consideration.
Senator Bisignano 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. 2161) the vote was:
Ayes, 44:
Banks Bartz Bennett Bisignano
Boettger Borlaug Boswell Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Judge Kibbie
Lind Lundby Maddox McKean
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Tinsman
Vilsack Zieman
Nays, none.
Absent or not voting, 6:
Black Connolly Jensen Kramer
McLaren Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Kramer until she returns on request of Senator Borlaug.
CONSIDERATION OF BILL
(Ways and Means)
Senate File 2168
On motion of Senator Deluhery, Senate File 2168, a bill for an act
updating the Iowa Code references to the Internal Revenue Code and
providing a retroactive applicability date and an effective date, was
taken up for consideration.
Senator Lind offered amendment S-5103 filed by him from the floor
to pages 1 and 2 of the bill.
Senator Deluhery asked and received unanimous consent that action
on amendment S-5103 and Senate File 2168 be deferred.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2219
On motion of Senator Fink, Senate File 2219, a bill for an act
relating to the midwest interstate compact on low-level radioactive
waste and establishing a penalty, was taken up for consideration.
Senator Fink 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. 2219) the vote was:
Ayes, 45:
Banks Bartz Bennett Bisignano
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 Lind Lundby Maddox
McKean Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 5:
Black Jensen Kramer McLaren
Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
Senate File 2168
The Senate resumed consideration of Senate File 2168, a bill for an
act updating the Iowa Code references to the Internal Revenue Code and
providing a retroactive applicability date and an effective date, and
amendment S-5103 by Senator Lind to pages 1 and 2 of the bill,
previously deferred.
Senator Lind moved the adoption of amendment S-5103, which motion
prevailed by a voice vote.
Senator Deluhery 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. 2168) the vote was:
Ayes, 45:
Banks Bartz Bennett Bisignano
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 Lind Lundby Maddox
McKean Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 5:
Black Jensen Kramer McLaren
Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2140
On motion of Senator Gettings, Senate File 2140, a bill for an act
increasing the speed limit on certain highways and providing an
effective date, was taken up for consideration.
Senator Halvorson withdrew amendment S-5056 filed by him on
February 13, 1996, to page 1 of the bill.
Senator Bisignano offered amendment S-5047 filed by him on February
7, 1996, to page 1 of the bill, moved its adoption and requested a
record roll call.
On the question Shall amendment S-5047 be adopted? (S.F. 2140) the
vote was:
Ayes, 16:
Banks Bartz Bisignano Flynn
Giannetto Gronstal Halvorson Hansen
Horn Kibbie Lind Murphy
Palmer Rensink Rife Rittmer
Nays, 28:
Bennett Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Fraise
Gettings Hammond Hedge Husak
Iverson Judge Lundby Maddox
McKean Neuhauser Priebe Redfern
Sorensen Tinsman Vilsack Zieman
Absent or not voting, 6:
Black Freeman Jensen Kramer
McLaren Szymoniak
Amendment S-5047 lost.
Senator Halvorson asked and received unanimous consent that action
on amendment S-5102 filed by him from the floor to page 1 of the bill be
deferred.
Senator Halvorson offered amendment S-5104 filed by him from the
floor to page 1 of the bill.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Tinsman for the remainder of the day on request of Senator
Borlaug.
BUSINESS PENDING
Senate File 2140
The Senate resumed consideration of Senate File 2140 and amendment
S-5104.
Senator Halvorson moved the adoption of amendment S-5104 and
requested a non record roll call.
The ayes were 10, nays 34.
Amendment S-5104 lost.
Senator Gettings offered amendment S-5050 filed by him on February
7, 1996, to page 1 and the title page of the bill and moved its
adoption.
Amendment S-5050 was adopted by a voice vote.
Senator Hansen asked and received unanimous consent that action on
Senate File 2140 be deferred (amendment S-5102 pending).
CONSIDERATION OF BILL
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 2066.
House File 2066
On motion of Senator Rittmer, House File 2066, a bill for an act
relating to the operation of motor vehicles in border cities and
providing an effective date, with report of committee recommending
passage, was taken up for consideration.
Senator Rittmer 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. 2066) the vote was:
Ayes, 44:
Banks Bartz Bennett Bisignano
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 Lind Lundby Maddox
McKean Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Vilsack Zieman
Nays, none.
Absent or not voting, 6:
Black Jensen Kramer McLaren
Szymoniak Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
HOUSE MESSAGE RECEIVED
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 22, 1996, amended and passed the following bill in
which the concurrence of the House was asked:
Senate File 2063, a bill for an act establishing a school
improvement technology program to fund instructional technology for
school districts, the Iowa braille and sight saving school, the state
school for the deaf and the Price laboratory school, providing for
properly related matters, and making appropriations, and providing an
effective date (S-5109).
INTRODUCTION OF BILLS
Senate File 2287, by committee on Natural Resources, Environment
and Energy, a bill for an act relating to the limitations on the use of
toxic materials in packaging and providing additional exemptions.
Read first time and placed on calendar.
Senate File 2288, by Redfern, a bill for an act relating to
professional education program requirements for preparation that
contributes to the education of children with disabilities.
Read first time and passed on file.
BUSINESS PENDING
Senate File 2140
The Senate resumed consideration of Senate File 2140, a bill for an
act increasing the speed limit on certain highways and providing an
effective date and amendment S-5102, previously deferred.
Senator Bisignano offered amendment S-5113 filed by Senators
Bisignano, et al. , from the floor to page 1 of the bill and moved its
adoption.
Amendment S-5113 lost by a voice vote.
Senator Halvorson moved the adoption of amendment S-5102 to page 1
of the bill, previously deferred.
A non record roll call was requested.
A record roll call was requested.
On the question Shall amendment S-5102 be adopted? (S.F. 2140) the
vote was:
Ayes, 17:
Banks Bartz Bisignano Boettger
Flynn Freeman Giannetto Gronstal
Halvorson Hansen Horn Iverson
Kibbie Lind Palmer Rife
Rittmer
Nays, 27:
Bennett Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Gettings
Hammond Hedge Husak Judge
Lundby Maddox McKean Murphy
Neuhauser Priebe Redfern Rensink
Sorensen Vilsack Zieman
Absent or not voting, 6:
Black Jensen Kramer McLaren
Szymoniak Tinsman
Amendment S-5102 lost.
Senator Gettings 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. 2140) the vote was:
Ayes, 41:
Bartz Bennett Bisignano Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Iverson Judge Kibbie Lind
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Vilsack
Nays, 3:
Banks Hedge Zieman
Absent or not voting, 6:
Black Jensen Kramer McLaren
Szymoniak Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2206
On motion of Senator Priebe, Senate File 2206, a bill for an act
providing for animal health and racing and making penalties applicable,
was taken up for consideration.
Senator Priebe moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2206) the vote was:
Ayes, 39:
Banks Bartz Bennett Bisignano
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Fink Flynn Fraise Freeman
Gettings Giannetto Hansen Hedge
Horn Husak Iverson Judge
Kibbie Lind Lundby Maddox
McKean Murphy Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Vilsack Zieman
Nays, 5:
Dvorsky Gronstal Halvorson Hammond
Neuhauser
Absent or not voting, 6:
Black Jensen Kramer McLaren
Szymoniak Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that Senate Files
2161, 2219, 2168, 2140 and 2206 and House File 2066 be immediately
messaged to the House.
INTRODUCTION OF BILLS
Senate File 2289, by committee on Judiciary, a bill for an act
relating to the department of corrections, including operating while
intoxicated violator facilities, inmate hard labor, reimbursement by
parole violators, tort claims protection for certain persons, and inmate
accounts.
Read first time and placed on calendar.
Senate File 2290, by committee on Commerce, a bill for an act
adopting the uniform transfer on death security registration act.
Read first time and placed on calendar.
APPENDIX
STUDY BILLS RECEIVED
SSB 2273
Agriculture
Relating to receiverships regarding the administration of the
assets of grain dealers.
SSB 2274
Education
Providing that a school of postsecondary instruction shall not
grant a degree to a student without the successful completion by the
student of a program of study and establishing a penalty.
SSB 2275
Judiciary
Relating to public access to criminal history data maintained by
the department of public safety.
SSB 2276
Judiciary
Relating to permits to carry and acquire weapons.
SSB 2277
Judiciary
Relating to compensation for certain miscarriages of justice.
SSB 2278
Judiciary
Relating to guardianships and conservatorships and providing
penalties.
SSB 2279
Judiciary
Relating to establishing community-based corrections programs.
SSB 2280
Judiciary
Relating to the Iowa administrative procedure Act.
SSB 2281
Small Business, Economic Development and Tourism
Relating to requiring employers who received economic development
assistance to provide certain benefits if the employer moves out of
state.
SSB 2282
Small Business, Economic Development and Tourism
Relating to prohibiting certain businesses from receiving economic
development assistance.
SSB 2283
Local Government
Relating to termination of rental agreements and notice provisions
for actions to recover property.
SSB 2284
Education
Relating to the charging of school fees, school fee waiver and
reimbursement, making an appropriation, and providing an effective date.
SUBCOMMITTEE ASSIGNMENTS
SSB 2273
AGRICULTURE: Husak, Chair; Douglas and Giannetto
SSB 2275
JUDICIARY: McKean, Chair; Giannetto, Hammond, Redfern and Vilsack SSB
2276
JUDICIARY: McKean, Chair; Bisignano, Giannetto, Redfern and Vilsack
SSB 2277
JUDICIARY: Vilsack, Chair; Giannetto, Hammond, Maddox and Redfern
SSB 2278
JUDICIARY: Hammond, Chair; Giannetto, McKean, Redfern and Vilsack
SSB 2279
JUDICIARY: Bisignano, Chair; Boettger, Drake, Giannetto and Vilsack
SSB 2280
JUDICIARY: Vilsack, Chair; Giannetto, McKean, Neuhauser and Redfern
SSB 2281
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Palmer, Chair; Bennett
and Flynn
SSB 2282
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Palmer, Chair; Bennett
and Flynn
COMMITTEE REPORTS
COMMERCE
Final Bill Action: SENATE FILE 2282 (SSB 2122), a bill for an act
relating to the requirement of notifying a consumer of a change in the
terms of an open-end credit agreement.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Deluhery, Hansen, Bisignano, Douglas, Flynn,
Freeman, Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern.
Nays, none. Absent or not voting, 2: Jensen and Bartz.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2283 (SSB 2202), a bill for an act
relating to voting, the distribution of earnings, and the bylaws of a
cooperative association.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Deluhery, Hansen, Douglas, Flynn, Freeman,
Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern. Nays,
none. Absent or not voting, 3: Jensen, Bartz and Bisignano.
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 Commerce Committee
on Senate File 2283 and they were attached to the committee report.
ALSO:
Final Bill Action: SENATE FILE 2290 (SSB 2124.1), a bill for an act
adopting the uniform transfer on death security registration Act.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Deluhery, Hansen, Bisignano, Douglas, Flynn,
Freeman, Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern.
Nays, none. Absent or not voting, 2: Jensen and Bartz.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EDUCATION
Final Bill Action: SENATE FILE 2284 (SSB 2186), a bill for an act
providing for special motor vehicle registration plates for education,
for the transfer and appropriation of revenue from the sale of the
plates to the school budget rerview committee, for properly related
matters, and for an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Connolly, Kibbie, Redfern, Dvorsky, Fink,
Hammond, Iverson, Kramer, Murphy, Neuhauser, Rensink and Tinsman. Nays,
none. Absent or not voting, 3: Deluhery, Lind and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2285 (formerly Senate File 2145), a bill
for an act authorizing school districts to establish and enforce traffic
and parking rules and authorizing penalties.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Connolly, Kibbie, Redfern, Dvorsky, Fink,
Hammond, Iverson, Kramer, Neuhauser, Rensink and Tinsman. Nays, none.
Absent or not voting, 4: Deluhery, Lind, Murphy and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: *SENATE FILE 2289 (SSB 2146), a bill for an act
relating to the department of corrections, including operating while
intoxicated violator facilities, inmate hard labor, reimbursement by
parole violators, tort claims protection for certain persons, and inmate
accounts.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bisignano, Boettger,
Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser and
Redfern. Nays, none. Absent or not voting, 2: Bartz and Szymoniak.
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 Judicairy
Committee on Senate File 2289 and they were attached to the committee
report.
ALSO:
Final Bill Action: SENATE FILE 2291 (SSB 2082), a bill for an act
eliminating the restitution limit for the offense of operating while
intoxicated.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger,
Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser and
Redfern. Nays, 1: Bisignano. Absent or not voting, 1: Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES
Final Bill Action: SENATE FILE 2286 (SSB 2222), a bill for an act
relating to appropriations to the department of justice for the
investigation and prosecution of environmental crimes.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Fink, Lundby, Dearden, Deluhery, Gronstal, Hedge,
Judge, Kibbie, Priebe, Rensink and Sorensen. Nays, 2: Banks and Borlaug.
Absent or not voting, 2: Black and Freeman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2287 (SSB 2045), a bill for an act
relating to the limitations on the use of toxic materials in packaging
and providing additional exemptions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Fink, Lundby, Banks, Borlaug, Dearden, Deluhery,
Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and Sorensen. Nays,
none. Absent or not voting, 2: Black and Freeman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: SENATE FILE 2036, a bill for an act relating to dates
of active duty for purposes of the military service property tax
exemption and providing an applicability date.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5112.
Final Vote: Ayes, 13: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, Murphy, Neuhauser, Priebe and Vilsack. Nays,
none. Absent or not voting, 2: McLaren and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2238 Transportation
S.F. 2243 Transportation
S.F. 2244 Agriculture
S.F. 2246 Nat. Resources, Envir. & Energy
S.F. 2257 Judiciary
S.F. 2263 Judiciary
S.F. 2264 Communications & Info. Policy
S.F. 2267 Judiciary
S.F. 2271 State Government
S.F. 2272 Education
S.F. 2273 State Government
S.F. 2274 State Government
S.F. 2275 Appropriations
S.F. 2277 Judiciary
S.F. 2279 State Government
S.J.R. 2005 State Government
H.F. 2183 Judiciary
INTRODUCTION OF BILL
Senate File 2291, by committee on Judiciary, a bill for an act
eliminating the restitution limit for the offense of operating while
intoxicated.
Read first time under rule 28 and placed on calendar.
AMENDMENT FILED
S-5098 S.F. 2173 Merlin E. Bartz
S-5099 S.F. 2201 Merlin E. Bartz
S-5100 S.F. 2154 Tony Bisignano
S-5101 S.F. 2131 Eugene Fraise
S-5102 S.F. 2140 Rod Halvorson
S-5103 S.F. 2168 Jim Lind
S-5104 S.F. 2140 Rod Halvorson
S-5105 S.F. 2169 Wayne Bennett
S-5106 S.F. 2060 Nat. Resources, Envir. &
Energy
S-5107 H.F. 2114 House amendment
S-5108 S.F. 2157 Merlin E. Bartz
S-5109 S.F. 2063 House amendment
S-5110 H.F. 514 Eugene Fraise
Don Gettings
S-5111 S.F. 2157 JoAnn Douglas
S-5112 S.F. 2036 Ways and Means
S-5113 S.F. 2140 Tony Bisignano
Jim Lind
Brad Banks
Steven D. Hansen
S-5114 S.F. 2114 Tony Bisignano
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 4:48 p.m., until
1:00 p.m., Monday, February 26, 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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Last update: Mon Feb 26 19:45:10 CST 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0222.html
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