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FOURTH CALENDAR DAY
FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, January 12, 1995
The Senate met in regular session at 9:06 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Kevin Sorensen, pastor of the
Altoona Evangelical Free Church, Altoona, Iowa.
The Journal of Wednesday, January 11, 1995, was approved.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 49 present, 1 absent and a quorum present.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate
Concurrent Resolution 1 be referred from the Regular Calendar to
committee on Judiciary.
RECESS
On motion of Senator Horn, the Senate recessed at 9:15 a.m., until
3:00 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION
Convened: January 11, 1995, 9:38 a.m.
Members Present: Judge, Chair; Sorensen, Vice Chair and Lundby.
Members Absent: Bartz, Ranking Member and Horn.
Committee Business: Adopted committee rules and tentative schedule.
Adjourned: 9:55 a.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE/NATURAL RESOURCES
Convened: January 11, 1995, 9:38 a.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking Member
and Gettings.
Members Absent: Bennett.
Committee Business: Approved committee rules; discussed possible
sub-subcommittees and introduced department heads.
Adjourned: 9:55 a.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: January 11, 1995, 9:40 a.m.
Members Present: Vilsack, Chair; Bisignano, Vice Chair; Borlaug, Ranking
Member; Hansen and Zieman.
Members Absent: none.
Committee Business: Organizational meeting and adopted committee rules.
Adjourned: 10:00 a.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: January 11, 1995, 9:36 a.m.
Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
Member; Fink and Freeman.
Members Absent: none.
Committee Business: Overview of budget by the Legislative Fiscal Bureau.
Adjourned: 10:41 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: January 11, 1995, 9:34 a.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: Approved committee rules and review of legislative
oversight by the Legislative Fiscal Bureau.
Adjourned: 10:28 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: January 11, 1995, 9:40 a.m.
Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
Member; Deluhery and Rittmer.
Members Absent: none.
Committee Business: Overview of budget by the Legislative Fiscal Bureau;
representatives of the DHS Council were present.
Adjourned: 11:30 a.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: January 11, 1995, 9:38 a.m.
Members Present: Fraise, Chair; Dvorksy, Vice Chair; Iverson, Ranking
Member; Husak and Redfern.
Members Absent: none.
Committee Business: Adopted committee rules; overview of budget by the
Legislative Fiscal Bureau.
Adjourned: 11:26 a.m.
APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM
Convened: January 11, 1995, 9:40 a.m.
Members Present: Neuhauser, Chair; Gronstal, Vice Chair; McLaren,
Ranking Member and Maddox.
Members Absent: Boswell (excused).
Committee Business: Approved committee rules, reviewed future topics to
be considered and overview of budget by the Legislative Fiscal Bureau.
Adjourned: 11:00 a.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: January 11, 1995, 2:07 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: Organizational meeting; adopted temporary committee
rules.
Adjourned: 2:22 p.m.
STATE GOVERNMENT
Convened: January 10, 1995, 2:25 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Connolly, Dearden, Fink, Giannetto,
Halvorson, Lind, Lundby, McLaren and Sorensen.
Members Absent: Drake (excused).
Committee Business: Organizational meeting; adopted temporary committee
rules.
Adjourned: 2:30 p.m.
WAYS AND MEANS
Convened: January 11, 1995, 1:32 p.m.
Members Present: Palmer, Chair; Bennett, Ranking Member; Connolly,
Deluhery, Drake, Freeman, Hedge, Iverson, Murphy, Neuhauser, Priebe,
Szymoniak and Vilsack.
Members Absent: Husak, Vice Chair and McLaren.
Committee Business: Assigned a bill to subcommittee and discussed
upcoming issues.
Adjourned: 1:54 p.m.
ANNOUNCEMENT BY THE MAJORITY LEADER
The Majority Leader announced the following appointments made
during the 1994 legislative interim:
COMMISSION ON COMPENSATION, EXPENSES, AND SALARIES
FOR ELECTED STATE OFFICIALS
(Chapter 2A):
To a term expiring 6-30-98: Becky Reynolds-Knight, Keosauqua.
To a term expiring 6-30-99: Kasey Kincaid, Des Moines.
COMMITTEE REPORTS
EDUCATION
Final Bill Action: SENATE FILE 32 (SSB 1), a bill for an act relating to
the inclusion of school nurses and area education agency professionals
in the educational excellence program and providing effective and
retroactive applicability dates.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Kramer, Lind, Murphy, Neuhauser, Rensink,
Szymoniak and Tinsman. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 33 (SSB 3), a bill for an act relating to
the expulsion of a student for bringing a weapon to school.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Kramer, Lind, Murphy, Neuhauser, Rensink,
Szymoniak and Tinsman. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: SENATE CONCURRENT RESOLUTION 5, (formerly Senate
Concurrent Resolution 1), a concurrent resolution to request that
Congress propose a Constitutional amendment, for ratification by the
states, which would specify that the Congress and the states have the
power to prohibit the physical desecration of the American flag.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Drake, Fraise, Halvorson, Hansen, Maddox and Redfern. Nays, 2: Hammond
and Neuhauser. Absent or not voting, 2: Boettger and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AFTERNOON SESSION
The Senate reconvened at 3:03 p.m., President Boswell presiding.
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.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 13
On motion of Senator Szymoniak, Senate File 13, a bill for an act
relating to the establishment of a decision-making process for
prospective minor parents, providing penalties, and providing effective
dates, with report of committee recommending amendment and passage, was
taken up for consideration.
Senator Hammond offered amendment S-3006 filed by her from the
floor to strike everything after the enacting clause and to the title
page of the bill and moved its adoption.
Amendment S-3006 lost by a voice vote.
Senator Banks asked and received unanimous consent to withdraw
amendment S-3004 filed by Senators Banks, et al., from the floor to page
1 of the bill.
Senator Szymoniak offered amendment S-3002 filed by the committee
on Human Resources on January 10, 1995, to pages 1-5, 9, 12 and 13 of
the bill.
Senator Szymoniak offered amendment S-3007 filed by Senators
Szymoniak, et al. , from the floor to amendment S-3002.
Senator Banks called for a division of amendment S-3007 to
amendment S-3002:
Division S-3007A: Page 1, lines 11-13.
Division S-3007B: Page 1, lines 3-10 and 14-50; pages 2 and 3; page
4, lines 1-21.
Senator Szymoniak moved the adoption of division S-3007A to
amendment S-3002, which motion prevailed by a voice vote.
Senator Banks asked and received unanimous consent that action on
division S-3007B to amendment S-3002 be deferred.
Senator Banks offered amendment S-3005 filed by Senators Banks, et
al., from the floor to amendment S-3002, moved its adoption and
requested a record roll call.
On the question Shall amendment S-3005 to amendment S-3002 be
adopted? (S.F. 13) the vote was:
Ayes, 15:
Banks Boettger Borlaug Flynn
Freeman Gettings Giannetto Hedge
Iverson Jensen Kibbie Lundby
McKean Rensink Zieman
Nays, 35:
Bartz Bennett Bisignano Black
Boswell Connolly Dearden Deluhery
Douglas Drake Dvorsky Fink
Fraise Gronstal Halvorson Hammond
Hansen Horn Husak Judge
Kramer Lind Maddox McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack
Amendment S-3005 lost.
Senator Banks withdrew amendment S-3008 filed by him from the floor
to amendment S-3002.
Senator Szymoniak asked and received unanimous consent that action
on amendment S-3002 as amended by deferred.
Senator McKean offered amendment S-3009 filed by him from the floor
to pages 2 and 3 of the bill and moved its adoption.
Amendment S-3009 was adopted by a voice vote.
The Senate resumed consideration of amendment S-3002 as amended,
previously deferred.
Senator Banks offered amendment S-3010 filed by him from the floor
to amendment S-3002 and moved its adoption.
Amendment S-3010 lost by a voice vote.
The Senate resumed consideration of division S-3007B by Senators
Szymoniak, et al., to amendment S-3002.
Senator Szymoniak moved the adoption of division S-3007B to
amendment S-3002, previously deferred.
Division S-3007B was adopted by a voice vote.
Senator Szymoniak moved the adoption of amendment S-3002 as
amended, which motion prevailed by a voice vote.
Senator Szymoniak 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. 13) the vote was:
Ayes, 40:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Deluhery
Douglas Drake Flynn Fraise
Gettings Giannetto Halvorson Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Nays, 10:
Banks Borlaug Dearden Dvorsky
Fink Freeman Gronstal Hammond
Rensink Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
INTRODUCTION OF RESOLUTIONS
Senate Concurrent Resolution 5, by committee on Judiciary, a
concurrent resolution to request that Congress propose a Constitutional
amendment, for ratification by the states, which would specify that the
Congress and the states have the power to prohibit the physical
desecration of the American flag.
Read first time and placed on calendar.
Senate Concurrent Resolution 6, by committee on Agriculture, a
concurrent resolution objecting to a plan proposed by the United States
Corps of Engineers to dramatically alter the operation of the Missouri
River, and to request that the current operation of the river be
maintained or that an alternative plan be considered that does not
negatively impact upon the effective operation of the river.
Read first time and placed on calendar.
Senate Concurrent Resolution 7, by Black, a concurrent resolution
supporting the United Nations recognition of the Republic of China on
Taiwan.
Read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 29, by Halvorson, a bill for an act relating to the
forfeiture of vehicles driven by persons convicted of a third or
subsequent offense for operating a motor vehicle while intoxicated.
Read first time and passed on file.
Senate File 30, by Lind, a bill for an act relating to sexual
exploitation by law enforcement officers and providing a penalty.
Read first time and passed on file.
Senate File 31, by Halvorson, a bill for an act relating to
lighted headlamps and windshield wiper operation, and making a penalty
applicable.
Read first time and passed on file.
Senate File 32, by committee on Education, a bill for an act
relating to the inclusion of school nurses and area education agency
professionals in the educational excellence program and providing
effective and retroactive applicability dates.
Read first time and placed on calendar.
Senate File 33, by committee on Education, a bill for an act
relating to the expulsion of a student for bringing a weapon to school.
Read first time and placed on calendar.
Senate File 34, by Rittmer and Sorensen, a bill for an act
relating to the power of a county with a charter form of government to
allow eligible electors of the county to request reconsideration of a
county ordinance.
Read first time and passed on file.
Senate File 35, by Rittmer and Sorensen, a bill for an act
relating to the power of a city with a home rule charter to allow
registered voters of the city to request reconsideration of a city
ordinance.
Read first time and passed on file.
Senate File 36, by committee on Agriculture, a bill for an act
relating to the liability of persons involved in domesticated animal
activities.
Read first time and placed on calendar.
Senate File 37, by committee on Agriculture, a bill for an act
relating to the control of emissions from grain storage facilities, by
imposing a moratorium upon the department of natural resources.
Read first time and placed on calendar.
HOUSE MESSAGE RECEIVED AND CONSIDERED
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 January 12, 1995, adopted the following resolution in which
the concurrence of the Senate is asked:
House Concurrent Resolution 7, a concurrent resolution relating to
joint rules of the Senate and House of Representatives for the
Seventy-sixth General Assembly.
This resolution was read first time and passed on file.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
13 be immediately messaged to the House.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
CAPITALS
Convened: January 11, 1995, 9:35 a.m.
Members Present: Halvorson, Chair; Palmer, Vice Chair; Douglas, Ranking
Member and Jensen.
Members Absent: Murphy.
Committee Business: Adopted committee rules and overview of budget by
the Legislative Fiscal Bureau.
Adjourned: 10:30 a.m.
JUDICIARY
Convened: January 11, 1995, 2:10 p.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bartz, Bisignano, Drake, Fraise, Halvorson, Hammond, Hansen,
Maddox, Neuhauser and Redfern.
Members Absent: Boettger and Szymoniak.
Committee Business: Adopted committee rules; recommended passage of
Senate Concurrent Resolution 1.
Adjourned: 2:20 p.m.
SUBCOMMITTEE ASSIGNMENTS
Senate File 21
JUDICIARY: Fraise, Chair; Giannetto, Hansen, McKean and Redfern
Senate File 27
JUDICIARY: Halvorson, Chair; Boettger, McKean, Szymoniak and Vilsack
Senate File 28
JUDICIARY: Maddox, Chair; Drake, Giannetto, Neuhauser and Vilsack
STUDY BILLS RECEIVED
SSB 14
Agriculture
Providing for the regulation of domestic deer and making penalties
applicabl.
SSB 15
Agriculture
Relating to the liability of persons involved in domesticated
animal activites.
SSB 16
Agriculture
Relating to procedures and criteria for recovery by private
property owners ue to inverse condemnation of real property by state
government action and proiding an applicability date.
SSB 17
Agriculture
Relating to the control of emissions from grain storage facilities,
by imposng a moratorium upon the department of natural resources.
SSB 18
Human Resources
Relating to anabolic steroids and the Iowa unifom controlled
substances Act. L SSB 19
Judiciary
Eliminating the restitution limit for the offense of operating a
motor vehice while intoxicated.
SSB 20
Judiciary
Resolution proposing an amendment to the Constitution of the State
of Iowa t eliminate the limitation on fines for offenses which may be
summarily tried wthout indictment.
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE CONCURRENT RESOLUTION 6 (LSB 1627), a
concurrent resolution objecting to a plan proposed by the United States
Corps of Engineers to dramatically alter the operation of the Missouri
River, and to request that the current operation of the river be
maintained or that an alternative plan be considered that does not
negatively impact upon the effective operation of the river.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Priebe, Judge, Bartz, Banks, Black, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Sorensen and Zieman.
Nays, none. Absent or not voting, 1: Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 36 (SSB 15), a bill for an act relating
to the liability of persons involved in domesticated animal activities.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Priebe, Judge, Bartz, Banks, Black, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Sorensen and Zieman.
Nays, none. Absent or not voting, 1: Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 37 (SSB 17), a bill for an act relating
to the control of emissions from grain storage facilities, by imposing a
moratorium upon the department of natural resources.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Priebe, Judge, Bartz, Banks, Black, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Sorensen and Zieman.
Nays, none. Absent or not voting, 1: Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
APPROPRIATIONS
Final Bill Action: SENATE JOINT RESOLUTION 1, a joint resolution
proposing an amendment to the Constitution of the State of Iowa
requiring the maintenance of a cash reserve.
Recommendation: DO PASS.
Final Vote: Ayes, 21: Murphy, Boswell, Lind, Banks, Bartz, Black,
Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond,
Husak, Judge, Kibbie, McLaren, Neuhauser, Rensink and Vilsack. Nays, 1:
Iverson. Absent or not voting, 3: Bisignano, Kramer and Tinsman.
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. 29 Judiciary
S.F. 30 Judiciary
S.F. 31 Transportation
S.F. 34 State Government
S.F. 35 State Government
S.C.R. 7 Rules and Administration
H.C.R. 7 Rules and Administration
AMENDMENTS FILED
S-3004 S.F. 13 Brad Banks
Allen Borlaug
Wilmer Rensink
John P. Kibbie
H. Kay Hedge
Andy McKean
S-3005 S.F. 13 Brad Banks
Alllen Borlaug
Wilmer Rensink
John P. Kibbie
H. Kay Hedge
Andy McKean
S-3006 S.F. 13 Johnie Hammond
S-3007 S.F. 13 Elaine Szymoniak
Merlin E. Bartz
Mary E. Kramer
Larry Murphy
S-3008 S.F. 13 Brad Banks
S-3009 S.F. 13 Andy McKean
S-3010 S.F. 13 Brad Banks
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:00 p.m., until
8:45 a.m., Friday, January 13, 1995.
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