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Senate Journal: Wednesday, January 25, 1995

                            SEVENTEENTH CALENDAR DAY

                              ELEVENTH SESSION DAY

                                 Senate Chamber

                  Des Moines, Iowa, Wednesday, January 25, 1995



         The Senate met in regular session at 9:06 a.m., President Boswell
    presiding.

         Prayer was offered by the Reverend Scott Hibben, pastor of the
    Oakwood United Methodist Church, Des Moines, Iowa.

         The Journal of Tuesday, January 24, 1995, was approved.



                              INTRODUCTION OF BILL

         Senate File 62, by Fraise and Jensen, a bill for an act relating to
    finance charges upon refinancing and consolidation of debts involving
    consumer credit transactions.

         Read first time and passed on file.



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee:


         S.F.          55            Natural Resources
         S.F.          59            Ways and Means
         S.F.          60            Small Business, Economic Development,
    and Tourism
         S.F.          61            Commerce

         The Senate stood at ease at 9:19 a.m. until the fall of the gavel
    for the purpose of party caucuses.

         The Senate resumed session at 10:07 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 January 23, 1995, adopted the following resolution in which
    the concurrence of the Senate is asked:

         House Concurrent Resolution 10, a concurrent resolution calling for
    the convening of a Conference of the States and providing for Iowas
    participation in the Conference.

         This resolution was read first time and passed on file.

         ALSO: That the House has on January 23, 1995, passed the following
    bill in which the concurrence of the Senate is asked:

         House File 3, a bill for an act relating to the state banner.

         This bill was read first time and passed on file.



                           BILL REFERRED TO COMMITTEE

         Senator Horn asked and received unanimous consent that Senate File
    36 be referred from the Regular Calendar to the committee on Judiciary.
                                    APPENDIX



                          REPORTS OF COMMITTEE MEETINGS

    APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION

    Convened: January 24, 1995, 3:05 p.m.

    Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
    Member; Horn and Lundby.

    Committee Business: Presentations by the auditor of state, secretary of
    state and treasurer of state.

    Adjourned: 4:00 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE/NATURAL RESOURCES

    Convened: January 24, 1995, 3:05 p.m.

    Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking
    Member; Bennett and Gettings.

    Members Absent: none.

    Committee Business: Budget presentation by the secretary of agriculture
    for the department of agriculture and land stewardship.

    Adjourned: 4:27 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

    Convened: January 24, 1995, 3:10 p.m.

    Members Present: Vilsack, Chair; Borlaug, Ranking Member; Hansen and
    Zieman.

    Members Absent: Bisignano, Vice Chair (excused).

    Committee Business: Presentations by the DES.

    Adjourned: 4:20 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

    Convened: January 24, 1995, 3:05 p.m.
    Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
    Member; Fink and Freeman.

    Members Absent: none.

    Committee Business: Presentations by the Iowa school for the deaf, Iowa
    braille and sight saving school, and presidents of the university of
    Iowa and university of northern Iowa.

    Adjourned: 5:03 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

    Convened: January 24, 1995, 3:10 p.m.

    Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
    Member and Dearden.

    Members Absent: Boettger (excused).

    Committee Business: Presentations by the Iowa civil rights commission
    and the department of human rights.

    Adjourned: 5:10 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

    Convened: January 24, 1995, 3:08 p.m.

    Members Present: Hammond, Chair; Tinsman, Ranking Member and Rittmer.

    Members Absent: Szymoniak, Vice Chair (excused) and Deluhery.

    Committee Business: Presentations by adult, children and family services
    division of the department of human services and juvenile court
    representative.

    Adjourned: 5:00 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

    Convened: January 24, 1995, 3:10 p.m.

    Members Present: Fraise, Chair; Dvorksy, Vice Chair; Iverson, Ranking
    Member; Husak and Redfern.
    Members Absent: none.

    Committee Business: Budget presentation by the judicial branch.

    Adjourned: 4:40 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM

    Convened: January 24, 1995, 3:07 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 department of
    management.

    Adjourned: 4:15 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
    CAPITALS

    Convened: January 24, 1995, 3:00 p.m.

    Members Present: Halvorson, Chair; Douglas, Ranking Member and Jensen.

    Members Absent: Palmer, Vice Chair and Murphy.

    Committee Business: Presentation by the planning and programming
    division, and the project development division of the department of
    transportation.

    Adjourned: 3:50 p.m.



    AGRICULTURE

    Convened: January 24, 1995, 8:01 a.m.

    Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
    Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
    McLaren, Sorensen and Zieman.

    Members Absent: Palmer (excused).

    Committee Business: Approved SSB 16 as a committee bill.

    Adjourned: 8:30 a.m.
    EDUCATION

    Convened: January 24, 1995,  1:37 p.m.

    Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
    Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind, Murphy,
    Neuhauser and Tinsman.

    Members Absent: Rensink and Szymoniak (both excused).

    Committee Business: Assigned bill to subcommittee; assigned standing
    subcommittees on computers and technology, early childhood education,
    and school-to-work.

    Adjourned: 2:17 p.m.



    STATE GOVERNMENT

    Convened: January 24, 1995, 11:04 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.

    Committee Business: Assigned bills to subcommittees and approved SSB 39
    as a committee bill.

    Adjourned: 11:08 a.m.



    WAYS AND MEANS

    Convened: January 24, 1995, 2:28 p.m.

    Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
    Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
    Murphy, Neuhauser, Priebe and Vilsack.

    Members Absent: Szymoniak (excused).

    Committee Business: Presentation by the Iowa department of revenue and
    finance on legislative priorities.

    Adjourned: 3:06 p.m.
                              STUDY BILLS RECEIVED

    SSB 48
         Human Resources

         Requiring protective headgear for bicyclists and creating   a
    penalty.

    SSB 49
         Human Resources

         Relating to termination of parental rights involving abuse   or
    neglect of a cild by the childs parent.

    SSB 50
         Human Resources

         Relating to the development and implementation of a   coordinated
    statewide truma care delivery system and providing penalties and
    immunity from liability.

    SSB 51
         Human Resources

         Providing for notification of certain persons receiving   public
    assistance oftax suspension provisions.

    SSB 52
         Human Resources

         Adopting a new uniform anatomical gift Act and providing a penalty.

    SSB 53
         Human Resources

         Relating to health care reform and health care costs by   providing
    for the reulation of insurance and health care plan   providers,
    establishing income tax cedits for certain   individuals, establishing
    certain individual requirements, ad   providing for penalties, an
    effective date provision, and an   applicabilityrovision.

    SSB 54
         Human Resources

         Requiring protective headgear for motorcyclists and   providing
    penalties.

    SSB 55
         Human Resources

         Relating to emergency medical services.
    SSB 56
         Transportation

         Relating to issuance of motor vehicle licenses by county treasurers
    and provding moneys to the counties for implementation of the Act.

    SSB 57
         Transportation

         A Concurrent Resolution declaring support for Amtrak.

    SSB 58
         Commerce

         Relating to authorization of price reglation for utilities
    providing communiations services.



                            SUBCOMMITTEE ASSIGNMENTS

                         Senate Concurrent Resolution 8

    BUSINESS AND LABOR: Dearden, Chair; Gettings and Iverson

                         Senate Concurrent Resolution 9

    COMMERCE: Priebe, Chair; Flynn and Hedge

                                 Senate File 36

    JUDICIARY: Vilsack, Chair; Bartz, Drake, Fraise and Giannetto

                                 Senate File 43

    HUMAN RESOURCES: Szymoniak, Chair; Hansen and Tinsman

                                 Senate File 46

    HUMAN RESOURCES: Szymoniak, Chair; Hammond and Tinsman

                                 Senate File 47

    LOCAL GOVERNMENT: Sorensen, Chair; Fink and McKean

                                 Senate File 49

    HUMAN RESOURCES: Hansen, Chair; Bartz and Szymoniak

                                 Senate File 51

    COMMERCE: Palmer, Chair; Deluhery and Redfern
                                 Senate File 56

    TRANSPORTATION: Drake, Chair; Fink and Lind

                                 Senate File 60

    SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Sorensen, Chair;
    Boettger and Flynn

                                 Senate File 61

    COMMERCE: Gronstal, Chair; Douglas and Priebe

                                     SSB 45

    EDUCATION: Connolly, Chair; Kibbie and Redfern

                                     SSB 46

    ETHICS: Hedge, Chair; Husak, Drake, Gettings, McKean and Neuhauser

                                     SSB 47

    ETHICS: Hedge, Chair; Husak, Drake, Gettings, McKean and Neuhauser

                                     SSB 48

    HUMAN RESOURCES: Szymoniak, Chair; Kramer and Neuhauser

                                     SSB 49

    HUMAN RESOURCES: Szymoniak, Chair; Dvorsky and Tinsman

                                     SSB 50

    HUMAN RESOURCES: Szymoniak, Chair; Bartz and Neuhauser

                                     SSB 51

    HUMAN RESOURCES: Hammond, Chair; Szymoniak and Tinsman

                                     SSB 52

    HUMAN RESOURCES: Szymoniak, Chair; Dvorsky and Kramer

                                     SSB 53

    HUMAN RESOURCES: Vilsack, Chair; Kramer and Szymoniak
                                     SSB 54

    HUMAN RESOURCES: Szymoniak, Chair; Dvorsky and Tinsman

                                     SSB 55

    HUMAN RESOURCES: Hammond, Chair; Boettger and Szymoniak

                                     SSB 58

    COMMERCE: Deluhery, Chair; Husak and Lundby



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee:


         S.F.          53            Reassigned to State Government
         S.F.          62            Commerce
         S.F.          63            Human Resources
         S.F.          64            State Government
         S.F.          65            State Government
         H.F.          3             State Government
         H.C.R.        10            State Government



                                COMMITTEE REPORTS

    JUDICIARY

    Final Bill Action: SENATE FILE 21, a bill for an act eliminating the
    twenty-four hour notice to students prior to a periodic search of
    students lockers.

    Recommendation: DO PASS.

    Final Vote: Ayes, 8: McKean, Bartz, Boettger, Drake, Fraise, Halvorson,
    Maddox and Redfern. Nays, 6: Giannetto, Vilsack, Bisignano, Hammond,
    Hansen and Neuhauser. Absent or not voting, 1: Szymoniak.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: *SENATE FILE 66 (SSB 6), a bill for an act relating
    to cruelty to police service dogs and providing for enhanced penalties.

    Recommendation: APPROVED COMMITTEE BILL.
    Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Bisignano,
    Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser
    and Redfern. Nays, none. Absent or not voting, 1: Szymoniak.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

         *Pursuant to Senate Rule 40, the Legislative Service Bureau
    reported nonsubstantive changes to the members of the Judiciary
    Committee on Senate File 66 and they were attached to the committee
    report.



    LOCAL GOVERNMENT

    Final Bill Action: SENATE FILE 9, a bill for an act relating to the
    performance of duties of the office of recorder on abolition of the
    office and the filing of documents and providing an effective date and
    for retroactive applicability.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3017.

    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

    Final Bill Action: SENATE RESOLUTION 3 (SSB 37), a senate resolution
    providing special recognition and support to the seventy-fifth
    anniversary of Iowas state parks system.

    Recommendation: APPROVED COMMITTEE RESOLUTION.

    Final Vote: Ayes, 11: Fink, Black, Lundby, Borlaug, Dearden, Freeman,
    Hedge, Judge, Priebe, Rensink and Sorensen. Nays, none. Absent or not
    voting, 4: Banks, Deluhery, Gronstal and Kibbie.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                           INTRODUCTION OF RESOLUTION

         Senate Resolution 3, by committee on Natural Resources, Environment
    and Energy, a senate resolution providing special recognition and
    support to the seventy-fifth anniversary of Iowas state parks system.

         Read first time under Rule 28 and placed on calendar.
                              INTRODUCTION OF BILLS

         Senate File 63, by Priebe, a bill for  an act relating to the
    performance of certain HIV-related tests, including tests performed on
    newly born infants.

         Read first time under Rule 28 and passed on file.

         Senate File 64, by Bisignano, Lind, Gettings, Murphy, Jensen,
    Dearden, McLaren, Freeman, Lundby, Bartz, McKean, Kibbie, Fraise,
    Giannetto, Priebe, Fink, and Borlaug, a bill for  an act relating to the
    sale price of alcoholic liquor by a class E liquor control licensee, and
    subjecting violators to criminal and civil penalties.

         Read first time under Rule 28 and passed on file.

         Senate File 65, by Halvorson, a bill for  an act relating to the
    governors power to suspend or modify provisions of a statute, order, or
    rule during disaster emergencies.

         Read first time under Rule 28 and passed on file.

         Senate File 66, by committee on Judiciary,  a bill for  an act
    relating to cruelty to police service dogs and providing for enhanced
    penalties.

         Read first time under Rule 28 and placed on calendar.



                                 AMENDMENT FILED


         S-3017        S.F.          9             Local Government



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 10:12 a.m.,
    until 9:00 a.m. , Thursday, January 26, 1995.

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