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EIGHTEENTH CALENDAR DAY TWELFTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, January 26, 1995 The Senate met in regular session at 9:08 a.m., President Boswell presiding. Prayer was offered by the Reverend Bill Douthwaite, pastor of the Gloria Dei Lutheran Church, Urbandale, Iowa. The Journal of Wednesday, January 25, 1995, was approved. INTRODUCTION OF BILL Senate File 67, by Kibbie, a bill for an act relating to requiring regulated utilities to maintain an office within the state. Read first time and passed on file. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 42 present, 8 absent and a quorum present. ADOPTION OF RESOLUTION (Regular Calendar) Senate Resolution 2 On motion of Senator Deluhery, Senate Resolution 2, a senate resolution paying tribute to the memory of Dennis J. Nagel, was taken up for consideration. Senator Deluhery moved the adoption of Senate Resolution 2, which motion prevailed by a voice vote. The Senate stood at ease at 9:25 a.m. until the fall of the gavel for the purpose of party caucuses and committee meetings. The Senate resumed session at 2:19 p.m., President Boswell presiding. INTRODUCTION OF BILL Senate File 68, by committee on Appropriations, a bill for an act relating to state financial provisions by making an appropriation for the fiscal year beginning July 1, 1994, by establishing a property tax relief fund, providing for the ending balance in the general fund of the state, and providing an effective date. Read first time and placed on Appropriations Calendar. HOUSE MESSAGE RECEIVED The following message was received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on January 25, 1995, adopted the following resolution in which the concurrence of the House was asked: Senate Concurrent Resolution 5, 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. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent and a quorum present. SPECIAL GUEST Senator Hammond introduced Lia Pierson, an Iowa State University student and one of 32 Americans selected this year to be a Rhodes Scholar. This distinguished scholarship will enable her to attend Oxford University in England this fall. The Senate stood at ease at 2:30 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 4:00 p.m., President Boswell presiding. INTRODUCTION OF RESOLUTIONS Senate Resolution 4, by committee on Ethics, a resolution to provide the senate rules governing lobbyists. Read first time and placed on calendar. Senate Resolution 5, by committee on Ethics, a resolution to provide for the Senate Code of Ethics. Read first time and placed on calendar. INTRODUCTION OF BILL Senate File 69, by committee on Ways and Means, a bill for an act relating to county expenditures of property taxes for mental health and developmental disabilities costs by providing for reduction of property taxes, making appropriations, and providing an effective date. Read first time and placed on Ways and Means Calendar. COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 68 (SSB 59), a bill for an act relating to state financial provisions by making an appropriation for the fiscal year beginning July 1, 1994, by establishing a property tax relief fund, providing for the ending balance in the general fund of the state, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Murphy, Boswell, Bisignano, Black, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Judge, Kibbie, Neuhauser and Vilsack. Nays, none. Pass, 9: Lind, Banks, Bartz, Borlaug, Douglas, Iverson, McLaren, Rensink and Tinsman. Absent, 1: Kramer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Appropriations Committee on Senate File 68 and they were attached to the committee report. WAYS AND MEANS Final Bill Action: *SENATE FILE 69 (LSB 1610), a bill for an act relating to county expenditures of property taxes for mental health and developmental disabilities costs by providing for reduction of property taxes, making appropriations, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 69 and they were attached to the committee report. CONSIDERATION OF BILL (Appropriations Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate File 68. Senate File 68 On motion of Senator Murphy, Senate File 68, a bill for an act relating to state financial provisions by making an appropriation for the fiscal year beginning July 1, 1994, by establishing a property tax relief fund, providing for the ending balance in the general fund of the state, and providing an effective date, was taken up for consideration. Senator Rife asked and received unanimous consent that action on Senate File 68 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate File 69. Senate File 69 On motion of Senator Vilsack, Senate File 69, a bill for an act relating to county expenditures of property taxes for mental health and developmental disabilities costs by providing for reduction of property taxes, making appropriations, and providing an effective date, was taken up for consideration. Senator Horn asked and received unanimous consent that Senate File 69 be referred to the committee on Appropriations under Senate Rule 38 and returned to the Calendar no later than 4:30 p.m., January 26, 1995. The Senate stood at ease at 4:11 p.m. until the fall of the gavel for the purpose of a committee meeting. The Senate resumed session at 4:22 p.m., President Boswell presiding. COMMITTEE REPORT APPROPRIATIONS Final Bill Action: SENATE FILE 69, a bill for an act relating to county expenditures of property taxes for mental health and developmental disabilities costs by providing for reduction of property taxes, making appropriations, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 25: Murphy, Boswell, Lind, Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 69 The Senate resumed consideration of Senate File 69, a bill for an act relating to county expenditures of property taxes for mental health and developmental disabilities costs by providing for reduction of property taxes, making appropriations, and providing an effective date, with report of committee on Appropriations recommending passage. Senator Lind asked and received unanimous consent that action on Senate File 69 be deferred. The Senate stood at ease at 4:30 p.m. until the fall of the gavel. The Senate resumed session at 5:00 p.m., President Boswell presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Jensen for the remainder of the day on request of Senator Lind. BUSINESS PENDING Senate File 68 The Senate resumed consideration of Senate File 68, a bill for an act relating to state financial provisions by making an appropriation for the fiscal year beginning July 1, 1994, by establishing a property tax relief fund, providing for the ending balance in the general fund of the state, and providing an effective date, previously deferred. Senator Bartz offered amendment S-3019 filed by Senators Bartz, et al., from the floor to page 1 of the bill, moved its adoption and requested a record roll call. On the question Shall amendment S-3019 be adopted? (S.F. 68) the vote was: Ayes, 22: 18th Day THURSDAY, JANUARY 26, 1995 191 Banks Bartz Bennett Boettger Borlaug Douglas Drake Freeman Hedge Iverson Kramer 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: Jensen Amendment S-3019 lost. Senator Murphy 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. 68) the vote was: Ayes, 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 Nays, 22: Banks Bartz Bennett Boettger Borlaug Douglas Drake Freeman Hedge Iverson Kramer Lind Lundby Maddox McKean McLaren Redfern Rensink Rife Rittmer Tinsman Zieman Absent or not voting, 1: Jensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. ADOPTION OF RESOLUTION (Regular Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate Resolution 3. Senate Resolution 3 On motion of Senator Fink, Senate Resolution 3, a senate resolution providing special recognition and support to the seventy-fifth anniversary of Iowas state parks system, was taken up for consideration. Senator Fink moved the adoption of Senate Resolution 3, which motion prevailed by a voice vote. BUSINESS PENDING Senate File 69 The Senate resumed consideration of Senate File 69, a bill for an act relating to county expenditures of property taxes for mental health and developmental disabilities costs by providing for reduction of property taxes, making appropriations, and providing an effective date, previously deferred. Senator Lind offered amendment S-3020 filed by him from the floor to page 3 of the bill, moved its adoption and requested a record roll call. On the question Shall amendment S-3020 be adopted? (S.F. 69) the vote was: Ayes, 21: Banks Bartz Bennett Boettger Borlaug Douglas Drake Freeman Hedge Iverson Kramer Lind Lundby Maddox McKean McLaren Redfern Rensink Rife Rittmer Zieman Nays, 28: .EJECT -2- 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 Tinsman Vilsack Absent or not voting, 1: Jensen Amendment S-3020 lost. The Senate stood at ease at 5:35 p.m. until the fall of the gavel. The Senate resumed session at 5:42 p.m., President Boswell presiding. Senator Bennett offered amendment S-3021 filed by him from the floor to page 3 of the bill, moved its adoption and requested a record roll call. On the question Shall amendment S-3021 be adopted? (S.F. 69) the vote was: Ayes, 22: Banks Bartz Bennett Boettger Borlaug Douglas Drake Freeman Hedge Iverson Kramer 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: Jensen Amendment S-3021 lost. Senator Vilsack 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. 69) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson 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, 1: Jensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. INTRODUCTION OF BILL Senate File 70, by Maddox, a bill for an act relating to severe storm shelters in mobile home parks and recreational mobile home parks, providing a penalty for a violation, and specifying applicability. Read first time and passed on file. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Files 68 and 69 be immediately messaged to the House. APPENDIX CERTIFICATES OF RECOGNITION The secretary of the senate issued the following certificates of recognition: Mrs. Frances Kuennen, Fayette - In celebration of her 100th birthday. Senator Murphy (1-24-95). Lia Pierson, Ames - For attaining the honor of a Rhodes Scholarship. Senator Hammond (1-26-95). Lindsey Luscri, Melcher - For receiving the Girl Scout Gold Award. Senator Szymoniak (1-15-95). REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION Convened: January 25, 1995, 3:10 p.m. Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking Member and Lundby. Members Absent: Horn. Committee Business: Presentation by ethics and campaign disclosure board. Adjourned: 4:05 p.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE/NATURAL RESOURCES Convened: January 25, 1995, 3:04 p.m. Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking Member; Bennett and Gettings. Members Absent: none. Committee Business: Budget presentation by the state fair. Adjourned: 3:56 p.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: January 25, 1995, 3:05 p.m. Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking Member; Fink and Freeman. Members Absent: none. Committee Business: Presentation by the president of Iowa state university and representatives of united students of Iowa. Adjourned: 5:09 p.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: January 25, 1995, 4:15 p.m. Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking Member; Boettger and Dearden. Members Absent: none. Committee Business: Budget presentation by the commandant of the Iowa veterans home and tour of the home. Adjourned: 7:43 p.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: January 25, 1995, 3:19 p.m. Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking Member; Deluhery and Rittmer. Members Absent: none. Committee Business: Presentation by adult, children and family services division and an adoption panel discussion. Adjourned: 5:23 p.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: January 25, 1995, 3:05 p.m. Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking Member and Husak. Members Absent: Redfern (excused). Committee Business: Presentation by the department of corrections on the Newton prison proposal. Adjourned: 4:40 p.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM Convened: January 25, 1995, 3:10 p.m. Members Present: Neuhauser, Chair; Gronstal, Vice Chair; McLaren, Ranking Member and Maddox. Members Absent: Boswell (excused). Committee Business: Presentation by Joe Royce of the Administration Rules Review Committee. Adjourned: 4:35 p.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: January 25, 1995, 3:07 p.m. Members Present: Halvorson, Chair; Douglas, Ranking Member and Jensen. Members Present: Palmer, Vice Chair and Murphy. Committee Business: Presentations by the department of transportation on the operations division and motor vehicle division. Adjourned: 4:35 p.m. COMMERCE Convened: January 25, 1995, 1:40 p.m. Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking Member; Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Lundy and Priebe. Members Absent: Husak (excused), Palmer and Redfern (excused). Committee Business: Assigned bills to subcommittees; presentation by the utilities board. Adjourned: 2:17 p.m. COMMUNICATIONS AND INFORMATION POLICY Convened: January 25, 1995, 10:17 a.m. Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking Member; Flynn, Hansen and Redfern. Members Absent: Jensen (excused). Committee Business: Presentation by IPTV. Adjourned: 11:05 a.m. HUMAN RESOURCES Convened: January 25, 1995, 10:10 a.m. Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger, Ranking Member; Bartz, Kramer and Tinsman. Members Absent: Dvorsky, Hansen, Neuhauser and Vilsack. Committee Business: Assigned bills to subcommittees. Adjourned: 10:12 a.m. JUDICIARY Convened: January 25, 1995, 11:09 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: Szymoniak (excused). Committee Business: Approved SSB 6 as a committee bill and recommended passage of Senate File 21. Adjourned: 11:40 a.m. LOCAL GOVERNMENT Convened: January 25, 1995, 1:31 p.m. Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking Member; Black, Fraise, Halvorson, McKean, Rittmer and Zieman. Members Absent: Judge. Committee Business: Recommended passage of Senate File 9 as amended and assigned a bill to subcommittee. Adjourned: 2:25 p.m. NATURAL RESOURCES Convened: January 25, 1995, 11:05 a.m. Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member; Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge, Priebe, Rensink and Sorensen. Members Absent: Banks and Kibbie (excused). Committee Business: Assigned bills to subcommittees and approved SSB 37 as a committee bill. Adjourned: 12:02 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: January 25, 1995, 2:25 p.m. Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking Member; Bennett, Boettger, Borlaug, Flynn, Giannetto, Kibbie, Maddox, McKean, Sorensen and Szymoniak. Members Absent: Palmer and Vilsack. Committee Business: Assigned bill to subcommittee; presentation by the director of the department of economic development. Adjourned: 2:58 p.m. TRANSPORTATION Convened: January 25, 1995, 2:30 p.m. Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking Member; Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Members Absent: Black (excused). Committee Business: Assigned bills to subcommittees. Adjourned: 2:35 p.m. STUDY BILLS RECEIVED SSB 59 Appropriations Relating to state financial provisions by making an appropriation for the fical year beginning July 1, 1994, by establishing a property tax relief fund, poviding for the ending balance in the general fund of the state, and providingan effective date. SSB 60 Human Resources Relating to public health by regulating tobacco sales and use, providing formeasures related to lead inspection and abatement, and providing a penalty. SSB 61 Human Resources Relating to smoking in a public place, establishing penalties, and providingan effective date. SSB 62 Human Resources Authorizing certain persons to access dependent adult abuse information. SSB 63 Human Resources Relating to medical assistance provisions including those relating to presumtive eligibility for pregnant women and the estates and trusts of recipients o medical assistance. SSB 64 Natural Resources, Environment & Energy Relating to solid waste by eliminating the polystyrene ban and providing an ffective date. SSB 65 Business & Labor Relating to the payment of wages to a suspended or terminated employee underthe Iowa wage payment collection law. SSB 66 State Government Relating to the definition of the practice of engineering and the suspensionor revocation of the certificate of registration of a professional engineer orland surveyor. SSB 67 State Government Relating to the exemption of certain dentists and dental hygienists from stae licensing requirements. SUBCOMMITTEE ASSIGNMENTS Senate File 44 NATURAL RESOURCES: Gronstal, Chair; Freeman and Judge Senate File 54 HUMAN RESOURCES: Dvorsky, Chair; Kramer and Neuhauser Senate File 63 HUMAN RESOURCES: Hammond, Chair; Kramer and Neuhauser Sente File 69 APPROPRIATIONS: Vilsack, Chair; Borlaug and Husak SSB 56 TRANSPORTATION: Fraise, Chair; Black and Jensen SSB 57 TRANSPORTATION: Gettings, Chair; Connolly and Drake SSB 59 APPROPRIATIONS: Murphy, Chair; Boswell and Lind SSB 60 HUMAN RESOURCES: Hammond, Chair; Boettger and Neuhauser SSB 61 HUMAN RESOURCES: Hammond, Chair; Boettger and Neuhauser SSB 62 HUMAN RESOURCES: Neuhauser, Chair; Tinsman and Vilsack SSB 63 HUMAN RESOURCES: Hammond, Chair; Bartz and Neuhauser SSB 64 NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Fink, Chair; Lundby and Sorensen SSB 65 BUSINESS AND LABOR: Giannetto, Chair; Dearden and Freeman LSB 1610 WAYS AND MEANS: Vilsack, Chair; Bennett, Hedge, Palmer and Priebe COMMITTEE REPORTS ETHICS Final Bill Action: SENATE RESOLUTION 4 (SSB 46), a resolution to provide the senate rules governing lobbyists. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 6: Husak, Neuhauser, Hedge, Drake, Gettings and McKean. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 5 (SSB 47), a resolution to provide for the Senate Code of Ethics. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 6: Husak, Neuhauser, Hedge, Drake, Gettings and McKean. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILL ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bill to committee: S.F. 67 Commerce AMENDMENTS FILED S-3018 S.R. 1 Wally E. Horn S-3019 S.F. 68 Merlin E. Bartz Allen Borlaug Derryl McLaren Mary Lou Freeman Stewart E. Iverson, Jr. S-3020 S.F. 69 Jim Lind S-3021 S.F. 69 Wayne Bennett ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 6:27 p.m., until 1:00 p.m., Monday, January 30, 1995.
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