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ELEVENTH CALENDAR DAY
EIGHTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, January 19, 1995
The Senate met in regular session at 9:02 a.m., President pro
tempore Bisignano presiding.
Prayer was offered by the Reverend Larry Reigle, pastor of the Fort
Des Moines United Methodist Church, Des Moines, Iowa.
The Journal of Wednesday, January 18, 1995, was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Kramer for the day on request of Senator Lind.
RECESS
On motion of Senator Horn, the Senate recessed at 9:10 a.m., until
1:30 p.m.
AFTERNOON SESSION
The Senate reconvened at 1:33 p.m., President Boswell presiding.
QUORUM CALL
Senator Husak requested a non record roll call to determine that a
quorum was present.
The vote revealed 49 present, 1 absent and a quorum present.
INTRODUCTION OF BILL
Senate File 44, by Black and Iverson, a bill for an act relating to
public water supply system fees.
Read first time and passed on file.
CONSIDERATION OF RESOLUTION
(Appropriations Calendar)
Senate Joint Resolution 1
On motion of Senator Murphy, 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, with report of
committee recommending passage, was taken up for consideration.
Senator Iverson offered amendment S-3014 filed by him from the
floor to pages 1 and 2 of the resolution.
Senator Murphy raised the point of order that amendment S-3014 was
not germane to the resolution.
The Chair ruled the point well taken and amendment S-3014 out of
order.
Senator Bennett offered amendment S-3015 filed by him from the
floor to pages 1 and 2 of the resolution and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3015 be adopted? (S.J.R. 1) the
vote was:
Ayes, 22:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Lind
Lundby Maddox McKean McLaren
Redfern Rensink Rife Rittmer
Tinsman Zieman
Nays, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Absent or not voting, 1:
Kramer
Amendment S-3015 lost.
Senator Murphy moved that the resolution be read the last time now
and placed upon its passage, which motion prevailed, and the resolution
was read the last time.
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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. The following amendment to the Constitution of the
State of Iowa is proposed:
Article VII, Constitution of the State of Iowa, is amended by
adding the following new section:
MAINTENANCE OF CASH RESERVE. SEC. 9. A cash reserve shall be
maintained by the state and moneys in the cash reserve shall be separate
from the general fund of the state and shall not be considered part of
the general fund of the state except in determining the cash position of
the state. Moneys in the cash reserve may be used for cash flow
purposes provided that any moneys so allocated during a fiscal year are
returned to the cash reserve by the end of that fiscal year.
The target for the amount of moneys to be maintained in the cash
reserve shall be five percent of the revenue estimate for the general
fund of the state for that fiscal year. The revenue estimate shall be
adjusted by subtracting estimated tax refunds payable from the estimated
revenue and by adding any new revenue which may be considered to be
eligible for deposit in the general fund of the state. However, the
target identified by this paragraph shall not be construed to require
more than one percent of the adjusted revenue estimate for the general
fund of the state to be set aside for these purposes in any one fiscal
year.
Moneys in the cash reserve may be appropriated by the General
Assembly only for use in the fiscal year in which the appropriation is
made. The moneys shall only be appropriated in a bill or joint
resolution in which the appropriation is the only subject matter of the
bill or joint resolution and which contains a statement of the reasons
why the appropriation is necessary. In addition, moneys shall not be
appropriated from the cash reserve such that the balance in the cash
reserve would be less than three percent of the adjusted revenue
estimate for the fiscal year in which the appropriation is made unless
the bill or joint resolution making the appropriation is approved by a
vote of at least three-fifths of the members of each chamber of the
General Assembly and approved by the Governor.
This section applies to fiscal years commencing on or after July 1,
1999.
Sec. 2. The foregoing proposed amendment to the Constitution of
the State of Iowa is referred to the General Assembly to be chosen at
the next general election for members of the General Assembly and the
Secretary of State is directed to cause it to be published for three
consecutive months previous to the date of that election as provided by
law.
On the question Shall the resolution be adopted? (S.J.R. 1) the
vote was:
Yeas, 46:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Jensen Judge
Kibbie Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 3:
Connolly Iverson Rife
Absent or not voting, 1:
Kramer
The resolution having received a constitutional majority was
declared to have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 7.
Senate File 7
On motion of Senator Vilsack, Senate File 7, a bill for an act
relating to the knowing transmission of the human immunodeficiency virus
and providing penalties, with report of committee recommending passage,
was taken up for consideration.
Senator Vilsack asked and received unanimous consent that action on
Senate File 7 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Joint
Resolution 1 be immediately messaged to the House.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION
Convened: January 18, 1995, 3:10 p.m.
Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
Member; Horn and Lundby.
Members Absent: none.
Committee Business: Budget presentation by the department of revenue and
finance.
Adjourned: 4:15 p.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE/NATURAL RESOURCES
Convened: January 18, 1995, 3:07 p.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking
Member; Bennett and Gettings.
Members Absent: none.
Committee Business: Budget presentation by the director of the
department of natural resources.
Adjourned: 4:15 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: January 18, 1995, 3:05 p.m.
Members Present: Vilsack, Chair; Bisignano, Vice Chair; Borlaug, Ranking
Member; Hansen and Zieman.
Members Absent: none.
Committee Business: Presentation by the director of the department of
employment services.
Adjourned: 3:55 p.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: January 18, 1995, 3:07 p.m.
Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
Member; Fink and Freeman.
Committee Business: Budget presentations by the college student aid
commission, department of management and board of regents.
Adjourned: 5:08 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: January 17, 1995, 3:10 p.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: The director of the department for the blind
presented an overview of the agency and conducted a tour of the
facilities.
Adjourned: 4:28 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: January 18, 1995, 3:02 p.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: Budget presentations by the department of elder
affairs and governors alliance on substance abuse.
Adjourned: 4:28 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: January 18, 1995, 3:10 p.m.
Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
Member; Deluhery and Rittmer.
Members Absent: none.
Committee Business: Budget presentation by the department of human
services.
Adjourned: 4:45 p.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: January 18, 1995, 3:00 p.m.
Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking
Member; Husak and Redfern.
Members Absent: none.
Committee Business: Budget presentations by the Iowa law enforcement
academy council, department of public safety and department of public
defense.
Adjourned: 4:20 p.m.
APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM
Convened: January 18, 1995, 3:25 p.m.
Members Present: Neuhauser, Chair; Gronstal, Vice Chair; McLaren,
Ranking Member and Maddox.
Members Absent: Boswell (excused).
Committee Business: Presentation by the director of the legislative
fiscal bureau.
Adjourned: 4:40 p.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
CAPITALS
Convened: January 18, 1995, 3:04 p.m.
Members Present: Halvorson, Chair; Palmer, Vice Chair; Douglas, Ranking
Member; Jensen and Murphy.
Members Absent: none.
Committee Business: Overview of the governors recommendations by the
legislative fiscal bureau.
Adjourned: 4:18 p.m.
AGRICULTURE
Convened: January 18, 1995, 8:37 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Black, Douglas, Fraise, Giannetto, Hedge, Husak, McLaren,
Palmer, Sorensen and Zieman.
Members Absent: Boswell (excused).
Committee Business: Discussed future committee business.
Adjourned: 8:55 a.m.
HUMAN RESOURCES
Convened: January 18, 1995, 11:24 a.m.
Members Present: Hammond, Vice Chair; Boettger, Ranking Member; Bartz,
Dvorsky, Hansen, Kramer, Neuhauser, Tinsman and Vilsack.
Members Absent: Szymoniak, Chair (excused).
Committee Business: Assigned bill to subcommittee.
Adjourned: 11:59 a.m.
JUDICIARY
Convened: January 18, 1995, 10:30 a.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
Hansen, Maddox, Neuhauser and Redfern.
Members Absent: Fraise and Szymoniak (both excused).
Committee Business: Assigned bills to subcommittees and recommended
passage of Senate File 7.
Adjourned: 10:45 a.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: January 18, 1995, 10:35 a.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: Presentation by the director of the department of
natural resources.
Adjourned: 11:17 a.m.
STATE GOVERNMENT
Convened: January 18, 1995, 11:22 a.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson,
Lind, Lundby and Sorensen.
Members Absent: Bisignano and McLaren (both excused).
Committee Business: Announced standing subcommittees on election laws,
IPERS, government reform, and gambling and liquor issues; assigned bills
to subcommittees.
Adjourned: 11:37 a.m.
ANNOUNCEMENT OF APPOINTMENTS
BY THE PRESIDENT OF THE SENATE
The President announced the following appointments:
WALLACE TECHNOLOGY TRANSFER FOUNDATION
(Code 15E.154)
Senator Brad Banks - term expires with the convening of the 77th
General Assembly.
RURAL HEALTH ADVISORY BOARD
(Code 135.107)
Senator Wilmer Rensink - term expires with the convening of the
77th General Assembly.
RENEWABLE FUEL ADVISORY COMMITTEE
(Code 159A.4)
Senator JoAnn Douglas - 1/12/95 - 4/30/98.
COMMUNICATIONS REVIEW COMMITTEE
(Code 2.35)
Senator Bob Dvorsky and Senator Derryl McLaren - term expires with
the convening of the 77th General Assembly.
RURAL DEVELOPMENT COUNCIL
(Request of DED)
Senator Wayne Bennett - Term expires with the convening of the 77th
General Assembly.
LIBRARY PLANNING TEAM
(Request of state librarian)
Senator Sheldon Rittmer - term expires with the convening of the
77th General Assembly.
TRUSTEE OF POLICE AND
FIRE RETIREMENT SYSTEM
(Code 411.36)
Senator Mary Lundy - 1/8/95 - 4/30/96.
COMMISSION ON CHILDREN, YOUTH AND FAMILIES
(Code 217.9A)
Senator Merlin Bartz and Senator Johnie Hammond - 1/18/95 - 1/1/97.
EDUCATION COMMISSION OF THE STATES
(Code 272B.2)
Senator Mary Kramer - no set term.
ENERGY FUND DISBURSEMENT
(Code 473.11)
Senator Mike Gronstal and Senator Mary Lou Freeman - term expires
with the convening of the 77th General Assembly.
CHILD SUPPORT ADVISORY BOARD
(Code 252B.18)
Senator Mary Neuhauser and Senator Nancy Boettger - 1/18/95 -
1/1/97.
TERRACE HILL SOCIETY
(Request of the group)
Senator Dennis Black - 1/18/95 - 6/30/96.
STUDY BILLS RECEIVED
SSB 29
Judiciary
Relating to the duration of dispositional orders entered by the
juvenile cout.
SSB 30
Judiciary
Relating to closing hearing regarding waiving a juvenile to adult
court and o hearing-related publicity.
SSB 31
Judiciary
Relating to restitution in certain traffic offenses which are
simple misdemenors.
SSB 32
Commerce
A Senate Resolution paying tribute to the memory of Dennis J.
Nagel.
SSB 33
Judiciary
Relating to appointment and election of state judicial nominating
commissionrs and providing effective and applicability dates and
transition provisions.
SSB 34
Judiciary
Relating to nonsubstantive Code corrections, and providing
effective and appicability date provisions.
SSB 35
Judiciary
Relating to statutory corrections which may adjust language to
reflect curret practices, insert earlier omissions, delete redundancies
and inaccuracies, dlete temporary language, resolve inconsistencies and
conflicts, update ongoingprovisions, or remove ambiguities.
SUBCOMMITTEE ASSIGNMENTS
Senate File 29
JUDICIARY: Halvorson, Chair; Boettger, Giannetto, McKean and Vilsack
Senate File 30
JUDICIARY: Fraise, Chair; Bartz, Drake, Giannetto and Vilsack
SSB 29
JUDICIARY: Hansen, Chair; Bisignano, Giannetto, McKean and Redfern
SSB 30
JUDICIARY: Neuhauser, Chair; Boettger, Drake, Giannetto and Hammond.
SSB 31
JUDICIARY: Redfern, Chair; Giannetto, Maddox, Neuhauser and Vilsack
SSB 32
COMMERCE: Deluhery, Chair; Hansen and Jensen
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 43 Human Resources
S.F. 44 Natural Resources
S.J.R. 4 State Government
S.J.R. 5 State Government
COMMITTEE REPORTS
COMMERCE
Final Bill Action: SENATE RESOLUTION 2 (SSB 32), a resolution paying
tribute to the memory of Dennis J. Nagel.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 13: Deluhery, Hansen, Jensen, Douglas, Flynn, Freeman,
Gettings, Gronstal, Hedge, Husak, Lundby, Priebe and Redfern. Nays,
none. Absent or not voting, 2: Bisignano and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
LOCAL GOVERNMENT
Final Bill Action: SENATE FILE 45 (SSB 4), a bill for an act changing
the name of the league of Iowa municipalities to the Iowa league of
cities.
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.
INTRODUCTION OF RESOLUTION
Senate Resolution 2, by committee on Commerce, a senate resolution
paying tribute to the memory of Dennis J. Nagel.
Read first time under Rule 28 and placed on calendar.
INTRODUCTION OF BILLS
Senate File 45, by committee on Local Government, a bill for an act
changing the name of the league of Iowa municipalities to the Iowa
league of cities.
Read first time under Rule 28 and placed on calendar.
Senate File 46, by Halvorson, a bill for an act creating
multidisciplinary social services teams and providing a penalty.
Read first time under Rule 28 and passed on file.
AMENDMENTS FILED
S-3014 S.J.R. 1 Stewart Iverson, Jr.
S-3015 S.J.R. 1 Wayne Bennett
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 2:21 p.m., until
10:00 a.m. , Monday, January 23, 1995.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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