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FIFTY-FIRST CALENDAR DAY
THIRTIETH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, February 27, 1996
The Senate met in regular session at 9:05 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Paul Evans, pastor of the United
Methodist Churches, of Gravity and Bedford, Iowa.
The Journal of Monday, February 26, 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 26, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2072, a bill for an act relating to implements of
husbandry by providing for machinery towed by a motor vehicle or farm
tractor, and providing an effective date.
ALSO: That the House has on February 26, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2202, a bill for an act relating to permissible acts
related to real estate sales, exchanges, purchases, rentals, leases, or
advertising by licensees and nonlicensees.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2319, by Iverson, a bill for an act relating to the
private distribution and wholesale sale of alcoholic liquor to licensed
retailers, providing for a liquor markup tax, providing for the
licensing of liquor wholesalers, providing for other properly related
matters, and subjecting violators to a penalty.
Read first time and passed on file.
Senate File 2320, by Iverson, a bill for an act relating to the
development of a statewide emergency medical care system.
Read first time and passed on file.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Iverson and Banks until they arrive on request of Senator
Hedge.
ADOPTION OF RESOLUTIONS
(Regular Calendar)
Senate Concurrent Resolution 105
On motion of Senator Fraise, Senate Concurrent Resolution 105, a
concurrent resolution in support of maintaining the Mississippi River as
a major transportation route for various products shipped into and out
of the Upper Mississippi region, with report of committee recommending
passage, was taken up for consideration.
Senator Fraise moved the adoption of Senate Concurrent Resolution
105, which motion prevailed by a voice vote.
House Concurrent Resolution 105
On motion of Senator Hammond, House Concurrent Resolution 105, a
concurrent resolution recognizing the women who have served Iowa as
state legislators and celebrating 100 years of women elected to state
legislatures, with report of committee recommending amendment and
passage, was taken up for consideration.
Senator Hammond offered amendment S-5078 filed by the committee on
Human Resources on February 15, 1996, to page 5 of the resolution and
moved its adoption.
Amendment S-5078 was adopted by a voice vote.
Senator Szymoniak offered amendment S-5090 filed by her on February
20, 1996, to page 4 of the resolution and moved its adoption.
Amendment S-5090 was adopted by a voice vote.
Senator Hammond moved the adoption of House Concurrent Resolution
105 as amended, which motion prevailed by a voice vote.
The Senate stood at ease at 9:48 a.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 10:26 a.m., President Boswell
presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on February 27, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 2009, a bill for an act to legalize certain city and
county deeds and conveyances.
This bill was read first time and passed on file.
House File 2211, 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.
This bill was read first time and passed on file.
House File 2230, a bill for an act relating to the duties of the
department of inspections and appeals concerning liens on improper
provider payments from the department of human services, the
administration of certain health care statutes, and the conducting of
audits.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2321, by committee on Human Resources, a bill for an
act relating to the nonconfidentiality of information regarding the
qualifications of interpreters for the deaf services division of the
department of human rights.
Read first time and placed on calendar.
Senate File 2322, by committee on Education, a bill for an act
relating to a cash reserve levy for merged areas and providing for
properly related matters.
Read first time and placed on calendar.
UNFINISHED BUSINESS
(Deferred February 26, 1996)
Senate File 2245
The Senate resumed consideration of Senate File 2245, a bill for an
act relating to public retirement systems, making appropriations, and
providing effective and retroactive applicability dates and amendment
S-5120, deferred February 26, 1996.
Senator Hansen offered amendment S-5130 filed by him from the floor
to pages 67 and 69 of the bill and moved its adoption.
Amendment S-5130 was adopted by a voice vote.
Senator McKean offered amendment S-5122 filed by him on February
26, 1996, to page 70 of the bill and moved its adoption.
Amendment S-5122 was adopted by a voice vote.
Senator Hedge offered amendment S-5125 filed by him on February 26,
1996, to pages 2 and 25 of the bill and requested a division: lines 2-9
as division S-5125A and lines 10-13 as division S-5125B.
Senator Hedge moved the adoption of division S-5125A, which motion
lost by a voice vote.
Senator Hedge withdrew division S-5125B.
Senator Lundby offered amendment S-5132 filed by her from the floor
to pages 62 and 65 of the bill, moved its adoption and requested a
record roll call.
On the question Shall amendment S-5132 be adopted? (S.F. 2245) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 21:
Bartz Bennett Boettger Borlaug
Douglas Drake Freeman Hedge
Jensen Kramer Lind Lundby
Maddox McKean McLaren Priebe
Redfern Rensink Rife Rittmer
Tinsman
Nays, 26:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Sorensen
Szymoniak Vilsack
Absent or not voting, 3:
Banks Iverson Zieman
Amendment S-5132 lost.
Senator Rife called up the motion to reconsider the vote by which
amendment S-5118 to Senate File 2245 failed to be adopted by the Senate
on February 26, 1996, filed by him on February 26, 1996, found on page
458 of the Senate Journal, moved its adoption and requested a record
roll call.
On the question Shall the motion to reconsider be adopted? (S.F.
2245) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 24:
476 JOURNAL OF THE SENATE 51st Day
Bartz Bennett Bisignano Boettger
Borlaug Douglas Drake Freeman
Hedge Jensen Kramer Lind
Lundby Maddox McKean McLaren
Priebe Redfern Rensink Rife
Rittmer Tinsman Vilsack Zieman
Nays, 22:
Black Boswell Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Neuhauser
Palmer Sorensen
Absent or not voting, 4:
Banks Iverson Murphy Szymoniak
The motion prevailed and amendment S-5118 by Senator Vilsack to
page 16 of the bill, was taken up for reconsideration.
Senator Gronstal asked and received unanimous consent that action
on amendment S-5118 be deferred.
Senator Lind asked and received unanimous consent that action on
Senate File 2245 be deferred (amendments S-5120 and S-5118 pending).
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate
Concurrent Resolution 105 and House Concurrent Resolution 105 be
immediately messaged to the House.
INTRODUCTION OF BILLS
Senate File 2323, by committee on Human Resources, a bill for an
act relating to pharmacy technician designation, registration and fees,
delegation of duties, and disciplinary action.
Read first time and placed on calendar.
Senate File 2324, by committee on Human Resources, a bill for an
act relating to public assistance and certain associated state tax
provisions involving the family investment program, family development
and self-sufficiency council, individual development accounts, and
fraudulent practices involving the food stamp program, making penalties
applicable, and providing applicability provisions and effective dates.
Read first time and placed on calendar.
Senate File 2325, by committee on Natural Resources, Environment,
and Energy, a bill for an act making an appropriation to the department
of natural resources for the establishment of a wildlife diversity
initiative.
Read first time and placed on calendar.
RECESS
On motion of Senator Horn, the Senate recessed at 11:11 a.m., until
4:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
EDUCATION
Convened: February 26, 1996, 3:42 p.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Lind, Murphy,
Neuhauser, Rensink, Szymoniak and Tinsman.
Members Absent: Kramer (excused).
Committee Business: Assigned bills to subcommittees; recommended
confirmation of governors appointee; approved SSBs 2157, 2236, 2215,
2240 and 2235 as committee bills.
Adjourned: 4:26 p.m.
HUMAN RESOURCES
Convened: February 26, 1996, 3:04 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 SSBs 2169, 2194, 2167, 2234, 2199 and
Senate File 2075 as committee bills.
Adjourned: 3:50 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: February 26, 1996, 4:40 p.m.
Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge,
Kibbie, Priebe, Rensink and Sorensen.
Members Absent: none.
Committee Business: Assigned bills to subcommittees; approved SSB 2221
as a committee bill; recommended passage of Senate File 2220 as amended.
Adjourned: 5:35 p.m.
STATE GOVERNMENT
Convened: February 26, 1996, 2:55 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto,
Halvorson, Lind, Lundby, McLaren and Sorensen.
Members Absent: none.
Committee Business: Recommended passage of Senate File 2090 as amended;
recommended passage of Senate File 2003; approved SSBs 2162, 2116 and
2014 as committee bills.
Adjourned: 3:31 p.m.
EXPLANATION OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate chamber
when the votes were taken on the following bills.
Had I been present, I would have voted aye on House File 2066,
Senate File 2206, amendment S-5102 to Senate File 2140 and final passage
of Senate File 2140.
MAGGIE TINSMANM
MR. PRESIDENT: I was necessarily absent from the Senate on February
26, 1996. Had I been present, I would have voted aye on amendment
S-5119 to Senate File 2245 and nay on amendments S-5118 and S-5121 to
Senate File 2245.
MIKE CONNOLLYM
PRESENTATION OF VISITOR
Senator Jensen presented his granddaughter, PFC Jessica Jensen, who
graduated last week from the Marine Corps Boot Camp in Parris Island,
South Carolina. Senator Jensen was proud to have attended the
graduation.
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MR. PRESIDENT: The Secretary of the Senate respectfully reports
that the following bill has been enrolled, signed by the President of
the Senate and the Speaker of the House, and presented to the Governor
for his approval on this 27th day of February, 1996:
Senate Files 2066 and 2130.
JOHN F. DWYER Secretary of the Senate
REPORT OF STANDING COMMITTEE
(Place nominee on En Bloc Confirmation Calendar)
EDUCATION
Pursuant to Senate Rule 59, the committee on Education assigned to
investigate the following governors appointment, completed its
investigation on February 26, 1996, and recommended the appointee be
confirmed:
Aileen F. Mahood as a member of the State Board of Regents.
COMMITTEE REPORTS
EDUCATION
Final Bill Action: SENATE FILE 2322 (SSB 2215), a bill for an act
relating to a cash reserve levy for merged areas and providing for
properly related matters.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 1: Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2328 (SSB 2240), a bill for an act
relating to the administration and accreditation of area education
agency programs and providing for properly related matters.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Connolly, Kibbie, Deluhery, Dvorsky, Fink,
Hammond, Neuhauser and Tinsman. Nays, 5: Redfern, Lind, Murphy, Rensink
and Szymoniak. Absent or not voting, 2: Iverson and Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Education
Committee on Senate File 2328 and they were attached to the committee
report.
ALSO:
Final Bill Action: *SENATE FILE 2329 (SSB 2157), a bill for an act
directing the state board of education to adopt rules relating to school
nurses.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Lind, Neuhauser, Rensink, Szymoniak and Tinsman.
Nays, none. Absent or not voting, 2: Kramer and Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Education
Committee on Senate File 2329 and they were attached to the committee
report.
ALSO:
Final Bill Action: *SENATE FILE 2331 (SSB 2235), a bill for an act
relating to a fraudulent representation or claim of academic achievement
or performance.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Lind, Neuhauser, Rensink, Szymoniak and Tinsman.
Nays, none. Absent or not voting, 2: Kramer and Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Education
Committee on Senate File 2331 and they were attached to the committee
report.
ALSO:
Final Bill Action: *SENATE FILE 2334 (SSB 2236), a bill for an act
relating to funding for a talented and gifted education center at the
university of Iowa and naming of that center as an international center.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 1: Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Education
Committee on Senate File 2334 and they were attached to the committee
report.
HUMAN RESOURCES
Final Bill Action: SENATE FILE 2321 (SSB 2194), a bill for an act
relating to the nonconfidentiality of information regarding the
qualifications of interpreters for the deaf services division of the
department of human rights.
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.
ALSO:
Final Bill Action: SENATE FILE 2323 (SSB 2167), a bill for an act
relating to pharmacy technician designation, registration and fees,
delegation of duties, and disciplinary action.
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.
ALSO:
Final Bill Action: SENATE FILE 2324 (SSB 2169), a bill for an act
relating to public assistance and certain associated state tax
provisions involving the family investment program, family development
and self-sufficiency council, individual development accounts, and
fraudulent practices involving the food stamp program, making penalties
applicable, and providing applicability provisions and effective dates.
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.
ALSO:
Final Bill Action: *SENATE FILE 2327 (formerly Senate File 2075), a bill
for an act concerning assistive devices by providing for a warranty,
replacement of devices, and providing consumer remedies.
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 2327 and they were attached to the committee
report.
ALSO:
Final Bill Action: *SENATE FILE 2330 (SSB 2199), a bill for an act
relating to occupational hearing loss.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
Hansen, Neuhauser and Tinsman. Nays, 1: Vilsack. Absent or not voting,
1: Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Human Resources
Committee on Senate File 2330 and they were attached to the committee
report.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 2220, a bill for an act relating to
environmental protection and public health, by providing for the
regulation of animal feeding operations, including confinement swine
feeding operations, and the application of manure, including regulation
by the department of natural resources and other entities, providing for
the applicability of certain provisions, providing for the applicability
of penalties, and providing for an effective date.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5129.
Final Vote: Ayes, 11: Fink, Black, Lundby, Dearden, Deluhery, Gronstal,
Hedge, Judge, Kibbie, Priebe and Sorensen. Nays, 4: Banks, Borlaug,
Freeman and Rensink.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2325 (SSB 2221), a bill for an act making
an appropriation to the department of natural resources for the
establishment of a wildlife diversity initiative.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Fink, Black, Lundby, Banks, Borlaug, Dearden,
Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and
Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 2090, a bill for an act requiring
certification of real estate appraisers and providing for related
matters.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5128.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2326 (SSB 2162), a bill for an act
establishing the position of veterans advocate under the authority of
the attorney general and making an appropriation.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. 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 State Government
Committee on Senate File 2326 and they were attached to the committee
report.
ALSO:
Final Bill Action: SENATE FILE 2333 (SSB 2116), a bill for an act
relating to motor vehicle records and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STUDY BILLS RECEIVED
SSB 2308
Agriculture
Relating to Iowa-foaled horses and brood mare eligibility
requirements.
SSB 2309
Agriculture
Relating to Iowa-foaled horses by providing eligibility
requirements for brood mares.
SSB 2310
Transportation
Requiring disclosure of drop-off charges for motor vehicle rentals.
SSB 2311
Commerce
Relating to the organization and regulation of trust companies by
the superintendent of banking and providing penalties.
SSB 2312
Judiciary
Relating to a limitation on qualifications for rebuttable
presumptions for nuisance defenses for certain persons classified as
chronic violators involved in confinement feeding operations.
SSB 2313
Ways and Means
Relating to the administration of taxes; electronic filing of tax
returns and payments; imposition of the penalty for willfully filing a
false claim for refund; low income, elderly, and disabled property tax
credit filing and certification dates; computation of the real estate
transfer tax; repeal of obsolete property tax provision; and providing
effective and retroactive applicability dates.
SSB 2314
State Government
Relating to lease-purchase agreements.
SSB 2315
State Government
Relating to state government personnel procedures including
deferred compensation, the phased retirement program, and compensation
for certain election officials.
SUBCOMMITTEE ASSIGNMENTS
Senate Concurrent Resolution 109
HUMAN RESOURCES: Szymoniak, Chair; Dvorsky and Kramer
Senate Joint Resolution 2005
STATE GOVERNMENT: Fink, Chair; Connolly and Lind
Senate File 2237
EDUCATION: Fink, Chair; Szymoniak and Tinsman
Senate File 2238
TRANSPORTATION: Gettings, Chair; Drake and Fraise
Senate File 2243
TRANSPORTATION: Gettings, Chair; Connolly and Drake
Senate File 2251
HUMAN RESOURCES: Szymoniak, Chair; Tinsman and Vilsack
Senate File 2257
JUDICIARY: Bisignano, Chair; Boettger, Giannetto, Maddox and Vilsack
Senate File 2263
JUDICIARY: Vilsack, Chair; Giannetto, Hansen, Maddox and Redfern
Senate File 2267
JUDICIARY: Fraise, Chair; Bisignano, Boettger, Giannetto and McKean
Senate File 2271
STATE GOVERNMENT: Connolly, Chair; Gronstal and Lind
Senate File 2272
EDUCATION: Fink, Chair; Dvorsky and Tinsman
Senate File 2273
STATE GOVERNMENT: Bisignano, Chair; Fink and Lind
Senate File 2274
STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer
Senate File 2277
JUDICIARY: Vilsack, Chair; Giannetto, Hansen, Maddox and Redfern
Senate File 2279
STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer
Senate File 2292
JUDICIARY: Vilsack, Chair; Bartz, Giannetto, Hansen and McKean
Senate File 2293
TRANSPORTATION: Drake, Chair; Fraise and Gettings
Senate File 2294
HUMAN RESOURCES: Hammond Chair; Boettger and Szymoniak
Senate File 2307
HUMAN RESOURCES: Szymoniak, Chair; Bartz and Dvorsky
Senate File 2308
JUDICIARY: Fraise, Chair; Boettger, Drake, Giannetto and Vilsack
Senate File 2310
JUDICIARY: Drake, Chair; Giannetto, Maddox, Neuhauser and Vilsack
Senate File 2311
SMALL BUS., ECON. DEVELOP. AND TOURISM: Maddox, Chair; Boettger, Hansen,
Judge and Palmer
Senate File 2312
STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer
Senate File 2314
HUMAN RESOURCES: Szymoniak, Chair; Hammond and Kramer
House File 2209
HUMAN RESOURCES: Hammond, Chair; Tinsman and Vilsack
SSB 2246
(Reassignment)
JUDICIARY: Redfern, Chair; Giannetto, McKean, Neuhauser and Vilsack
SSB 2274
EDUCATION: Deluhery, Chair; Kramer and Murphy
SSB 2284
EDUCATION: Connolly, Chair; Kibbie and Redfern
SSB 2296
HUMAN RESOURCES: Szymoniak, Chair; Boettger and Vilsack
SSB 2298
JUDICIARY: Redfern, Chair; Giannetto, Hammond, Maddox and Neuhauser
SSB 2299
JUDICIARY: Szymoniak, Chair; Boettger, Maddox, Neuhauser and Vilsack
SSB 2300
JUDICIARY: Maddox, Chair; Boettger, Giannetto, Hammond and Vilsack
SSB 2301
JUDICIARY: Hammond, Chair; Boettger, Maddox, Neuhauser and Szymoniak
SSB 2302
JUDICIARY: Bisignano, Chair; Giannetto, McKean, Redfern and Vilsack
SSB 2303
JUDICIARY: Giannetto, Chair; Bartz, Bisignano, Drake and Vilsack
SSB 2304
JUDICIARY: Redfern, Chair; Giannetto, Maddox, Neuhauser and Vilsack
SSB 2305
JUDICIARY: Hammond, Chair; Boettger, Giannetto, Maddox and Vilsack
SSB 2306
JUDICIARY: Giannetto, Chair; Bisignano, Drake, Fraise and Redfern
SSB 2307
EDUCATION: Neuhauser, Chair; Kibbie and Redfern
SSB 2308
AGRICULTURE: Priebe, Chair; Black and McLaren
SSB 2309
AGRICULTURE: Priebe, Chair; Black and McLaren
SSB 2310
TRANSPORTATION: Fraise, Chair; Gettings and Jensen
SSB 2311
COMMERCE: Flynn, Chair; Deluhery and Redfern
SSB 2312
JUDICIARY: Bisignano, Chair; Bartz, Giannetto, McKean and Vilsack
SSB 2314
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
SSB 2315
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Jessica D. Jensen, Bondurant - For graduating from marine corps
basic training, Parris Island, S.C., as a P.F.C., February 23, 1996.
Senator Jensen (2-27-96).
Thomas Crimmins, Farragut - For placing third in the Iowa Junior
High 1996 MATHCOUNTS. Senator McLaren (2-27-96).
Jennifer Spurlock, Sidney - For placing first in the Iowa Junior
High 1996 MATHCOUNTS. Senator McLaren (2-27-96).
The Urbandale Wrestlers, Urbandale High School - For winning the
Class 3-A Championship. Senator Maddox (2-24-96).
AFTERNOON SESSION
The Senate reconvened at 4:40 p.m., President Boswell presiding.
INTRODUCTION OF BILLS
Senate File 2326, by committee on State Government, a bill for an
act establishing the position of veterans advocate under the authority
of the attorney general.
Read first time and placed on calendar.
Senate File 2327, by committee on Human Resources, a bill for an
act concerning assistive devices by providing for a warranty,
replacement of devices, and providing consumer remedies.
Read first time and placed on calendar.
Senate File 2328, by committee on Education, a bill for an act
relating to the administration and accreditation of area education
agency programs and providing for properly related matters.
Read first time and placed on calendar.
Senate File 2329, by committee on Education, a bill for an act
directing the state board of education to adopt rules relating to school
nurses.
Read first time and placed on calendar.
Senate File 2330, by committee on Human Resources, a bill for an
act relating to occupational hearing loss concerning the definitions,
apportionment of hearing loss, and measurement of hearing loss.
Read first time and placed on calendar.
Senate File 2331, by committee on Education, a bill for an act
prohibiting false representations in writing to employers or potential
employers relating to academic degrees or performance and providing a
penalty.
Read first time and placed on calendar.
Senate File 2332, by Bennett, a bill for an act establishing a
home electronic monitoring pilot project for repeat
operating-while-intoxicated offenders, and providing an effective date.
Read first time and passed on file.
Senate File 2333, by committee on State Government, a bill for an
act relating to motor vehicle records and providing an effective date.
Read first time and placed on calendar.
Senate File 2334, by committee on Education, a bill for an act
relating to funding for a talented and gifted education center at the
university of Iowa and naming of that center as an international center.
Read first time and placed on calendar.
Senate File 2335, by committee on State Government, a bill for an
act relating to the minimum age for gambling at racetrack enclosures,
and subjecting violators to a penalty.
Read first time and placed on calendar.
Senate File 2336, by committee on Agriculture, a bill for an act
providing for the selection and tenure of the executive director of the
agricultural development authority.
Read first time and placed on calendar.
Senate File 2337, by committee on Agriculture, a bill for an act
relating to receiverships regarding the administration of the assets of
grain dealers.
Read first time and placed on calendar.
Senate File 2338, by committee on Agriculture, a bill for an act
relating to Iowa-foaled horses by providing eligibility requirements for
brood mares.
Read first time and placed on calendar.
Senate File 2339, by committee on Agriculture, a bill for an act
relating to animal feeding operations, providing for certain county
regulation, and providing for the assessment of property taxes.
Read first time and placed on calendar.
Senate File 2340, by committee on Agriculture, a bill for an act
relating to Iowa-foaled horses and brood mare eligibility requirements.
Read first time and placed on calendar.
Senate File 2341, by committee on Business and Labor Relations, a
bill for an act relating to the components of the unemployment insurance
system concerning the job service advisory council, voluntary income tax
withholding from unemployment benefits, relieving certain employers from
certain unemployment insurance charges, collection of unemployment
compensation benefits through misrepresentation, definitions of
employment and wages for members of limited liability companies, and
unemployment insurance tax liability for corporate officers, and
providing an effective and applicability date.
Read first time and placed on calendar.
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 27, 1996, insisted on its amendment to 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, and that the members of the Conference Committee on
part of the House are: The Representative from Scott, Mr. Millage,
Chair; the Representative from Polk, Mr. Churchill; the Representative
from Pottawattamie, Mr. Houser; the Representative from Dubuque, Mr.
Murphy; the Representative from Boone, Mr. OBrien.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the assignment of the following conference
committee on House File 2114 on the part of the Senate: Senators Husak,
Chair; Hammond, Vilsack, Lind and Banks.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 39 present, 11 absent and a quorum present.
The Senate stood at ease at 4:48 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 5:35 p.m., President Boswell
presiding.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
2034 be referred from the Regular Calendar to the committee on
Agriculture.
APPENDIX
REPORTS OF STANDING COMMITTEE
(Place nominees on En Bloc Confirmation Calendar)
COMMERCE
Pursuant to Senate Rule 59, the committee on Commerce assigned to
investigate the following governors appointments, completed its
investigations on February 27, 1996, and recommended the appointees be
confirmed:
Michael K. Guttau as Superintendent of Banking.
Amy M. Britt and James A. Sattler as members of the Title Guaranty
Division Board.
COMPANION BILL RECEIVED
On February 27, 1996, House File 2211 was received and attached to
companion Senate File 2262 on the Senate calendar.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2319 State Government
S.F. 2320 Human Resources
S.F. 2332 Judiciary
H.F. 2009 Local Government
H.F. 2202 State Government
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE FILE 2336 (SSB 2214), a bill for an act
providing for the selection and tenure of the executive director of the
agricultural development authority.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Priebe, Judge, Black, Boswell, Douglas, Fraise,
Giannetto, Hedge, Husak, Lundby, McLaren, Sorensen and Zieman. Nays,
none. Absent or not voting, 2: Banks and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2337 (SSB 2273), a bill for an act
relating to receiverships regarding the administration of the assets of
grain dealers.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Priebe, Judge, Boswell, Douglas, Fraise,
Giannetto, Hedge, Husak, McLaren, Sorensen and Zieman. Nays, none.
Absent or not voting, 4: Banks, Black, Lundby and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2338 (SSB 2309), a bill for an act
relating to Iowa-foaled horses by providing eligibility requirements for
brood mares.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Priebe, Judge, Black, Boswell, Douglas, Fraise,
Giannetto, Hedge, Husak, Lundby, McLaren, Sorensen and Zieman. Nays,
none. Absent or not voting, 2: Banks and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2339 (LSB 4317), a bill for an act
relating to animal feeding operations, providing for certain county
regulation, and providing for the assessment of property taxes.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Priebe, Judge, Black, Boswell, Fraise, Giannetto,
Hedge, Husak, Lundby, Sorensen and Zieman. Nays, 2: Douglas and McLaren.
Absent or not voting, 2: Banks and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2340 (SSB 2308), a bill for an act
relating to Iowa-foaled horses and brood mare eligibility requirements.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Priebe, Judge, Black, Boswell, Douglas, Fraise,
Giannetto, Hedge, Husak, Lundby, McLaren, Sorensen and Zieman. Nays,
none. Absent or not voting, 2: Banks and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BUSINESS AND LABOR
Final Bill Action: SENATE FILE 2341 (SSB 2217), a bill for an act
relating to the components of the unemployment insurance system
concerning the job service advisory council, voluntary income tax
withholding from unemployment benefits, relieving certain employers from
certain unemployment insurance charges, collection of unemployment
compensation benefits through misrepresentation, definitions of
employment and wages for members of limited liability companies, and
unemployment insurance tax liability for corporate officers, and
providing an effective and applicability date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Dearden, Gettings, Freeman, Connolly, Dvorsky,
Giannetto, Hammond and Maddox. Nays, none. Absent or not voting, 2:
Banks and Iverson.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
COMMERCE
Final Bill Action: SENATE FILE 2230, a bill for an act relating to
definitions, reporting, and remittance guidelines concerning the
disposition of unclaimed property.
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.
STATE GOVERNMENT
Final Bill Action: *SENATE FILE 2335 (SSB 2014), a bill for an act
relating to the powers and duties of the racing and gaming commission
and minimum age for gambling at racetrack enclosures, and subjecting
violators to a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Gronstal, Kibbie, Rittmer, Bisignano, Connolly,
Dearden, Drake, Fink, Giannetto, Lind, Lundby and McLaren. Nays, 3:
Bennett, Halvorson and Sorensen.
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 Business and Labor
Committee on Senate File 2335 and they were attached to the committee
report.
TRANSPORTATION
Final Bill Action: SENATE FILE 2017, a bill for an act increasing the
fine for moving traffic violations in school zones.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2085, a bill for an act relating to
handicapped parking and providing a penalty.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2180, a bill for an act expanding the
factors that a court and the state department of transportation may
consider in ordering the issuance of a temporary restricted license, and
providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 7: Gettings, Fraise, Black, Dearden, Fink, Lind and
Rittmer. Nays, 5: Drake, Connolly, Douglas, Halvorson and Jensen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
51st Day TUESDAY, FEBRUARY 27, 1996 499
S-5128 S.F. 2090 State Government
S-5129 S.F. 2220 Natural Resources
S-5130 S.F. 2245 Steven D. Hansen
S-5131 S.F. 2289 Steven D. Hansen
S-5132 S.F. 2245 Mary Lundby
S-5133 S.F. 2325 Bill Fink
S-5134 S.F. 2300 Bill Fink
S-5135 S.F. 2245 Jim Lind
Michael E. Gronstal
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:37 p.m., until
9:00 a.m., Wednesday, February 28, 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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