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FIFTY-THIRD CALENDAR DAY
THIRTY-SECOND SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, February 29, 1996
The Senate met in regular session at 9:06 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Robert Riggert, pastor of the
Zion Lutheran Church, Manning, Iowa.
The Journal of Wednesday, February 28, 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 28, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2088, a bill for an act prohibiting abuse of a human
corpse, and providing a penalty.
ALSO: That the House has on February 28, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2259, a bill for an act relating to city sewer or water
utility connections.
This bill was read first time and passed on file.
The Senate stood at ease at 9:14 a.m. until the fall of the gavel.
The Senate resumed session at 11:55 a.m., Senator Gronstal
presiding.
RECESS
On motion of Senator Judge, the Senate recessed at 11:55 a.m.,
until 3:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION
Convened: February 28, 1996, 11:00 a.m.
Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
Member and Lundby.
Members Absent: Horn (excused).
Committee Business: Budget review.
Adjourned: 11:45 a.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
Convened: February 28, 1996, 8:30 a.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking
Member; Bennett and Gettings.
Members Absent: none.
Committee Business: Decision making on general funds appropriations.
Adjourned: 9:15 a.m.
COMMERCE
Convened: February 28, 1996, 3:37 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 2225,
2272, 2319, 2318, 2311, 2224, 2203 and 2094 as committee bills.
Adjourned: 4:36 p.m.
HUMAN RESOURCES
Convened: February 28, 1996, 2:41 p.m.
Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger,
Ranking Member; Bartz, Hansen, Kramer, Neuhauser, Tinsman and Vilsack.
Members Absent: Dvorsky (excused).
Committee Business: Approved SSBs 2296, 2233 and 2293 as committee
bills; recommended passage of Senate Files 2134, 2307 and Senate
Concurrent Resolution 109.
Adjourned: 3:45 p.m.
JUDICIARY
Convened: February 28, 1996, 12:10 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 appointee;
deferred action on SSB 2321; approved SSBs 2022, 2150, 2013, 2278, 2279,
2312, 2158 and Senate Files 2332, 379, 2026, 2310, 2202, 2257 and 2043
as committee bills.
Adjourned: 2:12 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: February 28, 1996, 1:42 p.m.
Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Kibbie,
Priebe, Rensink and Sorensen.
Members Absent: Judge (excused).
Committee Business: Assigned bills to subcommittees; recommended
confirmation of governors appointee; recommended passage of Senate
Concurrent Resolution 107 and Senate File 2221 (amended).
Adjourned: 2:35 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM
Convened: February 27, 1996, 2:47 p.m.
Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
Member; Bennett, Boettger, Borlaug, Flynn, Giannetto, Kibbie, Maddox,
Palmer, Sorensen, Szymoniak and Vilsack.
Members Absent: McKean.
Committee Business: Assigned bills to subcommittees; approved SSBs 2286
and 2106 as committee bills; recommended passage of Senate File 2065 as
amended.
Adjourned: 3:40 p.m.
STATE GOVERNMENT
Convened: February 28, 1996, 2:45 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Dearden, Drake, Fink, Giannetto, Halvorson,
Lind, Lundby, McLaren and Sorensen.
Members Absent: Connolly (excused).
Committee Business: Recommended confirmation of governors appointees;
recommended passage of Senate Files 2315 and 2224; approved SSBs 2316,
2315, 2230, 2314 and 2210 as committee bills.
Adjourned: 3:18 p.m.
WAYS AND MEANS
Convened: February 28, 1996, 11:05 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Neuhauser,
Priebe, Szymoniak and Vilsack.
Members Absent: Connolly and Murphy (both excused).
Committee Business: Assigned bills to subcommittees; recommended passage
of House File 2165 as amended; recommended passage of governors
appointees.
Adjourned: 11:12 a.m.
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 29th day of February, 1996:
Senate File 2072.
JOHN F. DWYER Secretary of the Senate
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 appointment, completed its
investigation on February 28, 1996, and recommended the appointee be
confirmed:
Cynthia P. Snell as a member of the Commission on Judicial
Qualifications.
LOCAL GOVERNMENT
Pursuant to Senate Rule 59, the committee on Local Government
assigned to investigate the following governors appointments, completed
its investigations on February 28, 1996, and recommended the appointees
be confirmed:
Susan M. Cosner as a member of the City Development Board.
Lumir E. Dostal, Jr. as a member of the County Finance Committee.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Pursuant to Senate Rule 59, the committee on Local Government
assigned to investigate the following governors appointment, completed
its investigation on February 28, 1996, and made no recommendation:
Michael A. Fesler as a member of the Environmental Protection
Commission.
EXPLANATION OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate on February
28, 1996. Had I been present, I would have voted aye on Senate Files
2062, 2162 and 2157.
MIKE CONNOLLYM
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 103
AGRICULTURE: Priebe, Chair; Hedge and Palmer
Senate Concurrent Resolution 110
HUMAN RESOURCES: Szymoniak, Chair; Kramer and Neuhauser
Senate Concurrent Resolution 111
HUMAN RESOURCES: Boettger, Chair; Hammond and Vilsack
Senate File 2249
COMMERCE: Husak, Chair; Deluhery and Jensen
Senate File 2288
EDUCATION: Connolly, Chair; Kibbie and Redfern
Senate File 2318
JUDICIARY: McKean, Chair; Bisignano, Boettger, Giannetto and Vilsack
Senate File 2342
JUDICIARY: Giannetto, Chair; Bisignano, Drake, Redfern and Vilsack
House File 2230
COMMERCE: Husak, Chair; Deluhery and Jensen
SSB 2280
(Reassignment)
JUDICIARY: Neuhauser, Chair; Giannetto, McKean, Redfern and Vilsack
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE RESOLUTION 103, a senate resolution honoring
Mrs. Phyllis Barry upon her retirement as Iowa Administrative Code
Editor.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Priebe, Judge, Banks, Boswell, Douglas, Fraise,
Giannetto, Hedge, Husak, Sorensen and Zieman. Nays, none. Absent or not
voting, 4: Black, Lundby, McLaren and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 166, a bill for an act relating to
procedures and criteria for recovery by private property owners due to
inverse condemnation of real property by state government action and
providing an applicability date.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Priebe, Judge, Banks, Black, Boswell, Douglas,
Fraise, Giannetto, Hedge, Husak, Palmer, Sorensen and Zieman. Nays,
none. Absent or not voting, 2: Lundby and McLaren.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
COMMERCE
Final Bill Action: *SENATE FILE 2362 (SSB 2223), a bill for an act
relating to the regulation of activities of state banks and state bank
affiliates, interstate branching or banking, and personnel of the
banking division, state banks, and state bank affiliates, and the
regulation of financial transactions involving such entities and
personnel.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Commerce Committee
on Senate File 2362 and they were attached to the committee report.
ALSO:
Final Bill Action: *SENATE FILE 2363 (SSB 2125), a bill for an act
relating to entitites and subject matter under the regulatory authority
of the securities bureau of the division of insurance.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Commerce Committee
on Senate File 2363 and they were attached to the committee report.
JUDICIARY
Final Bill Action: SENATE FILE 2360 (formerly Senate File 2310), a bill
for an act relating to the releasing of a lien on the real property of a
child support obligor following closure of a case for which the child
support recovery unit is providing services.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Giannetto, Vilsack, McKean, Bartz, Boettger,
Drake, Fraise, Hammond, Hansen, Maddox, Redfern and Szymoniak. Nays,
none. Absent or not voting, 3: Bisignano, Halvorson and Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2364 (formerly Senate File 2257), 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.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Hammond, Hansen, Maddox and Redfern. Nays,
none. Absent or not voting, 3: Halvorson, Neuhauser and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
LOCAL GOVERNMENT
Final Bill Action: SENATE FILE 198, a bill for an act relating to
studies and reports of county land preservation and use commissions, and
providing an effective date.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5150.
Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
McKean, Rittmer and Zieman. Nays, none. Absent or not voting, 1: Judge.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2359 (formerly Senate File 456), a bill
for an act relating to the source of payment of the fee and expenses of
a county medical examiner related to services provided for a person
whose death affects the public interest.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
Judge, McKean, Rittmer and Zieman. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 2221, a bill for an act relating to
alternate energy production and purchasing requirements, and providing
an applicability provision and an effective date.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5151.
Final Vote: Ayes, 13: Fink, Black, Lundby, Banks, Borlaug, Dearden,
Deluhery, Freeman, Gronstal, Hedge, Kibbie, Rensink and Sorensen. Nays,
1: Priebe. Absent or not voting, 1: Judge.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Final Bill Action: SENATE FILE 2358 (SSB 2106), a bill for an act
relating to the appropriation and distribution of proceeds from the
franchise tax on financial institutions and providing a repeal date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Hansen, Judge, Zieman, Bennett, Boettger, Borlaug,
Flynn, Giannetto, Kibbie, Maddox, Palmer, Sorensen, Szymoniak and
Vilsack. Nays, none. Absent or not voting, 1: McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 2224, a bill for an act relating to
veterans of the United States armed forces, by changing eligibility for
veteran benefits, preferences, and tax exemptions, by providing for the
administration of veteran benefits, providing a penalty, and by
providing for other properly related matters.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
Sorensen. Nays, none. Absent or not voting, 1: Connolly.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2315, a bill for an act requiring the
posting of notice of par sheet theoretical payout averages for slot
machines in racetrack enclosures and excursion gambling boats.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Dearden, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen.
Nays, none. Absent or not voting, 2: Connolly and Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2365 (SSB 2315), a bill for an act
relating to state government personnel procedures including deferred
compensation, the phased retirement program, and compensation for
certain election officials.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
Sorensen. Nays, none. Absent or not voting, 1: Connolly.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2366 (SSB 2314), a bill for an act
relating to lease-purchase agreements.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
Sorensen. Nays, none. Absent or not voting, 1: Connolly.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AFTERNOON SESSION
The Senate reconvened at 4:05 p.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 29, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 2178, a bill for an act authorizing school districts to
establish and enforce traffic and parking rules and authorizing
penalties.
This bill was read first time and passed on file.
House File 2256, a bill for an act providing requirements for
implementation of new or revised federal block grant provisions which
affect local governments and providing an effective date and
applicability provision.
This bill was read first time and passed on file.
House File 2299, a bill for an act relating to filing of
instruments by county recorders.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2357, by Rittmer, a bill for an act relating to school
finance providing for an increase in the amount certified for levy in
excess of that previously authorized for bonded indebtedness repayment.
Read first time and passed on file.
Senate File 2358, by committee on Small Business, Economic
Development and Tourism, a bill for an act relating to the
appropriation and distribution of proceeds from the franchise tax on
financial institutions and providing a repeal date.
Read first time and placed on calendar.
Senate File 2359, by committee on Local Government, a bill for an
act relating to the source of payment of the fee and expenses of a
county medical examiner related to services provided for a person whose
death affects the public interest.
Read first time and placed on calendar.
Senate File 2360, by committee on Judiciary, a bill for an act
relating to the releasing of a lien on the real property of a child
support obligor following closure of a case for which the child support
recovery unit is providing services.
Read first time and placed on calendar.
Senate File 2361, by Deluhery, a bill for an act establishing a
board of trustees to administer the Iowa public employees retirement
system and providing an effective date.
Read first time and passed on file.
Senate File 2362, by committee on Commerce, a bill for an act
relating to the regulation of activities of state banks and state bank
affiliates, interstate branching or banking, and personnel of the
banking division, state banks, and state bank affiliates, and the
regulation of financial transactions involving such entities and
personnel.
Read first time and placed on calendar.
Senate File 2363, by committee on Commerce, a bill for an act
relating to entities and subject matter under the regulatory authority
of the securities bureau of the division of insurance.
Read first time and placed on calendar.
Senate File 2364, by committee on Judiciary, 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 placed on calendar.
Senate File 2365, by committee on State Government, a bill for an
act relating to state government personnel procedures including deferred
compensation, the phased retirement program, and compensation for
certain election officials.
Read first time and placed on calendar.
Senate File 2366, by committee on State Government, a bill for an
act relating to lease-purchase agreements.
Read first time and placed on calendar.
Senate File 2367, by committee on State Government, a bill for an
act providing for the payment of outdated invoices by the agency to
which the goods or services were provided, and by the department of
revenue and finance, and providing an effective date.
Read first time and placed on calendar.
Senate File 2368, by committee on Commerce, a bill for an act
providing for the regulation of investment securities under Article 8 of
the Uniform Commercial Code, and providing conforming changes, and an
effective date.
Read first time and placed on calendar.
Senate File 2369, by committee on Agriculture, a bill for an act
providing the location and frequency of the certification class and
examination relating to authorization under federal law for a person to
purchase the chlorofluorocarbon freon.
Read first time and placed on calendar.
Senate File 2370, by committee on Commerce, a bill for an act
relating to energy efficiency programs, electric and gas public utility
energy efficiency mandates, and the Iowa energy center and the center
for global and regional environmental research.
Read first time and placed on calendar.
Senate File 2371, by committee on Commerce, a bill for an act
authorizing a foreign mutual insurance company or a foreign health
service corporation to reorganize by forming an insurance holding
company, and providing that a mutual insurance holding company shall at
all times own a majority of the voting shares of the capital stock of a
reorganized domestic or foreign insurance company.
Read first time and placed on calendar.
Senate File 2372, by committee on Local Government, a bill for an
act relating to termination of rental agreements and notice provisions
for actions to recover property.
Read first time and placed on calendar.
Senate File 2373, by committee on Agriculture, a bill for an act
relating to trespassing by hunters, and providing penalties.
Read first time and placed on calendar.
Senate File 2374, by committee on Judiciary, a bill for an act
relating to the timing of parole reviews for class A felons.
Read first time and placed on calendar.
Senate File 2375, by committee on Judiciary, a bill for an act
relating to a limitation on qualifications for rebuttable presumptions
for nuisance defenses for certain persons classified as chronic
violators involved in confinement feeding operations.
Read first time and placed on calendar.
Senate File 2376, by committee on Judiciary, a bill for an act
relating to peace officer status for state department of transportation
employees.
Read first time and placed on calendar.
Senate File 2377, by committee on Judiciary, a bill for an act
relating to the arresting authority of peace officers outside the
officers jurisdiction.
Read first time and placed on calendar.
Senate File 2378, by committee on Judiciary, 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 placed on calendar.
Senate File 2379, by committee on Judiciary, a bill for an act
relating to the HIV-related testing of an alleged offender following an
alleged sexual assault and making penalties applicable.
Read first time and placed on calendar.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 103.
Senate Resolution 103
On motion of Senator Priebe, Senate Resolution 103, a senate
resolution honoring Mrs. Phyllis Barry upon her retirement as Iowa
Administrative Code Editor, with report of committee recommending
passage, was taken up for consideration.
Senator Priebe moved the adoption of Senate Resolution 103, which
motion prevailed by a voice vote.
The Senate rose and expressed its appreciation to Mrs. Barry.
UNFINISHED BUSINESS
(Deferred February 27, 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, deferred
February 27, 1996, and amendment S-5118 deferred on February 27, 1996,
and amendment S-5120 deferred February 26, 1996.
Senator Vilsack withdrew amendment S-5118 by him to page 16 of the
bill.
Senator Rittmer withdrew amendment S-5120 by him to pages 28-32 of
the bill.
Senator Rittmer offered amendment S-5153 filed by him from the
floor to pages 28-30 and 50 of the bill and moved its adoption.
Amendment S-5153 was adopted by a voice vote.
Senator Kramer offered amendment S-5156 filed by her from the floor
to page 50 of the bill and moved its adoption.
Amendment S-5156 was adopted by a voice vote.
Senator Gronstal withdrew amendment S-5155 filed by him from the
floor to page 67 of the bill.
Senator Lind asked and received unanimous consent to withdraw
amendment S-5135 filed by Senators Lind and Gronstal on February 27,
1996, to pages 1, 2 and 50 of the bill.
With the withdrawal of amendment S-5135, the Chair ruled amendment
S-5137 filed by Senator Lind on February 28, 1996, to amendment S-5135,
out of order.
Senator Lind offered amendment S-5154 filed by Senators Lind and
Gronstal from the floor to pages 1, 50 and 70 of the bill and moved its
adoption.
Amendment S-5154 was adopted by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Connolly for the remainder of the day on request of Senator
Horn.
BUSINESS PENDING
Senate File 2245
The Senate resumed consideration of Senate File 2245.
Senator Kibbie moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2245) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Connolly Dvorsky
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 File
2245 be immediately messaged to the House.
INTRODUCTION OF BILLS
Senate File 2380, by committee on Judiciary, a bill for an act
relating to child abuse and child sexual abuse reporting and increasing
a penalty.
Read first time and placed on calendar.
Senate File 2381, by committee on Human Resources, a bill for an
act relating to dependent adult abuse and providing penalties.
Read first time and placed on calendar.
APPENDIX
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Joseph Nyquist and Aaron Seier, Dubuque - For attaining the rank of
Eagle Scout. Senator Flynn (2-29-96).
Al Caniglia, Shenandoah - For placing second in the Iowa Junior
High 1996 MATHCOUNTS. (Senator Boswell 2-28-96).
Phyllis Barry, Urbandale - For faithful, loyal, and dedicated
service from October 1, 1964, to March 1, 1996. Senator Priebe
(2-29-96).
STUDY BILLS RECEIVED
SSB 2323
State Government
Providing the state auditor with the right to examine documents of
state officers and departments.
SSB 2324
Judiciary
Relating to the collection and disposition of criminal court fines,
penalties, surcharges, costs, and fees.
SSB 2325
Judiciary
Requiring the juvenile court to provide certain information to a
victim of a delinquent act committed by a juvenile.
SSB 2326
Human Resources
Relating to the reporting and substantiation of harm to a child and
the related duties of the department of human services and the child
abuse information registry.
SSB 2327
Human Resources
Relating to the terminology used to describe persons with certain
mental and physical conditions.
SSB 2328
Small Business, Economic Development, and Tourism
Relating to workforce development by establishing a workforce
development department, by eliminating the department of employment
services, and including workforce development programs in the new
department, by providing for state privatization contracts, and by
establishing a workforce development board and regional advisory boards.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2231
WAYS AND MEANS: Husak, Chair; Bennett and Priebe
SSB 2323
STATE GOVERNMENT: Gronstal, Chair; Drake and Kibbie
SSB 2324
JUDICIARY: Giannetto, Chair; Bisignano, Boettger, Maddox and Vilsack
SSB 2325
JUDICIARY: Bisignano, Chair; Boettger, Giannetto, Maddox and Vilsack
SSB 2326
HUMAN RESOURCES: Szymoniak, Chair; Neuhauser and Tinsman
SSB 2327
HUMAN RESOURCES: Szymoniak, Chair; Bartz and Vilsack
SSB 2328
SMALL BUS., ECON. DEVLPT. AND TOURISM: Vilsack, Chair; Hansen and Maddox
LSB 4400
AGRICULTURE: Douglas, Chair; Boswell and Husak
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2357 Ways and Means
S.F. 2361 State Government
H.F. 2259 Local Government
PRESENTATION OF VISITORS
The following visitors were present in the Senate gallery:
Twenty-five seventh grade students from Winterset Junior High
School, Winterset, accompanied by Steve Corkrean. Senator Douglas.
COMPANION AND SIMILAR BILLS
House files were attached to companion or similar Senate files on
the senate calendar as follows:
H.F. 2299 companion S.F. 2254 2-29-96
H.F. 2178 companion S.F. 2285 2-29-96
H.F. 2256 similar S.F. 2356 2-29-96
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE FILE 2369 (SSB 2297), a bill for an act
providing the location and frequency of the certification class and
examination relating to authorization under federal law for a person to
purchase the chlorofluorocarbon freon.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Priebe, Judge, Banks, Black, Boswell, Douglas,
Fraise, Giannetto, Hedge, Husak, Palmer, Sorensen and Zieman. Nays,
none. Absent or not voting, 2: Lundby and McLaren.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2373 (LSB 4400), a bill for an act
relating to trespassing by hunters and providing penalties.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Priebe, Judge, Banks, Boswell, Douglas, Fraise,
Giannetto, Hedge, Husak, Sorensen and Zieman. Nays, none. Absent or not
voting, 4: Black, Lundby, McLaren and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
COMMERCE
Final Bill Action: SENATE FILE 2368 (SSB 2318), a bill for an act
providing for the regulation of investment securities under Article 8 of
the Uniform Commercial Code, and providing conforming changes, and an
effective date.
Recommendation: APPROVED COMMITTEE BILL WITHOUT RECOMMENDATION.
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 2370 (SSB 2195), a bill for an act
relating to energy efficiency programs, electric and gas public utility
energy efficiency mandates, and funding for the Iowa energy center and
the center for global and regional environmental research.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Commerce Committee
on Senate File 2370 and they were attached to the committee report.
ALSO:
Final Bill Action: SENATE FILE 2371 (SSB 2224), a bill for an act
authorizing a foreign mutual insurance company or a foreign health
service corporation to reorganize by forming an insurance holding
company, and providing that a mutual insurance holding company shall at
all times own a majority of the voting shares of the capital stock of a
reorganized domestic or foreign insurance company.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Deluhery, Hansen, Jensen, Douglas, Flynn,
Freeman, Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern.
Nays, none. Absent or not voting, 2: Bartz and Bisignano.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
HUMAN RESOURCES
Final Bill Action: SENATE CONCURRENT RESOLUTION 110, a concurrent
resolution designating March 1996 as Iowa Womens History Month.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Hansen, Kramer,
Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not voting, 2:
Bartz and Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE CONCURRENT RESOLUTION 111, a concurrent
resolution establishing a Childhood Recognition Day.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Hansen, Kramer,
Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not voting, 2:
Bartz and Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2126, a bill for an act providing for sex
offender registry checks involving child day care, foster care, and
adoptions.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Hansen, Kramer,
Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not voting, 2:
Bartz and Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2294, a bill for an act creating
multidisciplinary community services teams and providing a penalty.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Hansen, Kramer,
Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not voting, 2:
Bartz and Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2381 (SSB 2293), a bill for an act
relating to dependent adult abuse and providing penalties.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Hansen,
Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 1: Dvorsky.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Human Resources
Committee on Senate File 2381 and they were attached to the committee
report.
JUDICIARY
Final Bill Action: SENATE FILE 2374 (formerly Senate File 240), a bill
for an act relating to the timing of parole reviews for class A felons.
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 2375 (SSB 2312), a bill for an act
relating to a limitation on qualifications for rebuttable presumptions
for nuisance defenses for certain persons classified as chronic
violators involved in confinement feeding operations.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Hammond, Hansen, Maddox, Neuhauser and Redfern.
Nays, none. Absent or not voting, 2: Halvorson and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2376 (SSB 2013), a bill for an act
relating to peace officer status for state department of transportation
employees.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Giannetto, Vilsack, McKean, Bartz, Boettger,
Drake, Halvorson, Hammond, Maddox, Redfern and Szymoniak. Nays, 2:
Fraise and Hansen. Absent or not voting, 2: Bisignano and Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2377 (SSB 2022), a bill for an act
relating to the arresting authority of peace officers outside the
officers jurisdiction.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Redfern and
Szymoniak. Nays, none. Absent or not voting, 1: Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2378 (formerly Senate File 2332), a bill
for an act establishing a home electronic monitoring pilot project for
repeat operating-while-intoxicated offenders, and providing an effective
date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Redfern and
Szymoniak. Nays, none. Absent or not voting, 1: Neuhauser.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2379 (formerly Senate File 2043), a bill
for an act relating to the HIV-related testing of an alleged offender
following an elleged sexual assault and making penalties applicable.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Hammond, Hansen, Maddox, Neuhauser and
Szymoniak. Nays, none. Absent or not voting, 2: Halvorson and Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2380 (formerly Senate File 2026), a bill
for an act relating to child abuse and child sexual abuse reporting and
increasing a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Hammond, Hansen, Maddox, Redfern and Szymoniak.
Nays, none. Absent or not voting, 2: Halvorson and Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
LOCAL GOVERNMENT
Final Bill Action: SENATE FILE 2372 (SSB 2283), a bill for an act
relating to termination of rental agreements and notice provisions for
actions to recover property.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
McKean, Rittmer and Zieman. Nays, none. Absent or not voting, 1: Judge.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 415, a bill for an act relating to
certain property interests by providing for the return of certain
subsurface property rights to the surface owner and ancillary surface
property rights to adjacent landowners when subsurface rights are
relinquished by the person who has obtained underground natural gas
storage rights.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Fink, Black, Lundby, Banks, Borlaug, Dearden,
Freeman and Rensink. Nays, 7: Deluhery, Gronstal, Hedge, Judge, Kibbie,
Priebe and Sorensen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2223, a bill for an act providing for
agricultural drainage regulation, and providing penalties.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Fink, Black, Lundby, Banks, Borlaug, Dearden,
Deluhery, Gronstal, Hedge, Judge, Kibbie and Rensink. Nays, 3: Freeman,
Priebe and Sorensen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2246, 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.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Fink, Lundby, Borlaug, Dearden, Deluhery, Gronstal,
Judge and Kibbie. Nays, 5: Black, Banks, Freeman, Rensink and Sorensen.
Absent or not voting, 2: Hedge and Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 2367 (SSB 2316), a bill for an act
providing for the payment of outdated invoices by the agency to which
the good or services were provided, and by the department of revenue and
finance, and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
Sorensen. Nays, none. Absent or not voting, 1: Connolly.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
TRANSPORTATION
Final Bill Action: SENATE FILE 2040, a bill for an act increasing
maximum gross weight for special trucks.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Gettings, Fraise, Drake, Black, Dearden, Douglas,
Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Absent or not
voting, 1: Connolly.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5148 S.F. 2128 Michael E. Gronstal
S-5149 S.F. 2104 Jim Lind
S-5150 S.F. 198 Local Government
S-5151 S.F. 2221 Nat. Resources, Env. &
Energy
S-5152 S.F. 2012 Rod Halvorson
S-5153 S.F. 2245 Sheldon Rittmer
S-5154 S.F. 2245 Jim Lind
Michael E. Gronstal
S-5155 S.F. 2245 Michael E. Gronstal
S-5156 S.F. 2245 Mary E. Kramer
S-5157 S.F. 2253 Stewart Iverson, Jr.
S-5158 S.F. 2266 Eugene Fraise
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:05 p.m., until
1:30 p.m., Monday, March 4, 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 Mar 4 13:25:08 CST 1996
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