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TWENTY-THIRD CALENDAR DAY
FOURTEENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, January 31, 1995
The Senate met in regular session at 9:06 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Mark Sherwood, pastor of the
Berean Baptist Church, Perry, Iowa.
The Journal of Monday, January 30, 1995, was approved.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Palmer until he arrives on request of Senator Horn and
Senator Kramer until she arrives on request of Senator Rife.
INTRODUCTION OF BILLS
Senate File 79, by Bartz, a bill for an act relating to the
transfer of dogs to educational and scientific institutions by pounds.
Read first time and passed on file.
Senate File 80, by Szymoniak, a bill for an act increasing for a
limited time period the maximum property tax levy for certain county
hospitals.
Read first time and passed on file.
Senate File 81, by Banks, a bill for an act relating to
underground storage tanks by creating a marketability fund and
increasing the maximum environmental protection charge allocated to the
underground storage tank fund.
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 46 present, 4 absent and a quorum present.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senate Joint Resolution 6
On motion of Senator Fink, Senate Joint Resolution 6, a joint
resolution proposing an amendment to the Constitution of the State of
Iowa to restrict the expenditure of state license fees received from
hunting, fishing, and trapping, and other public or private funds
appropriated, allocated, or received by the state for fish and wildlife
protection purposes, was taken up for consideration.
Senator Fink moved that the resolution be read the last time now
and placed upon its passage, which motion prevailed by a voice vote, and
the resolution was read the last time.
Senate Joint Resolution 6, a joint resolution proposing an
amendment to the Constitution of the State of Iowa to restrict the
expenditure of state license fees received from hunting, fishing, and
trapping, and other public or private funds appropriated, allocated, or
received by the state for fish and wildlife protection purposes.
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 of the Constitution of the State of Iowa is amended by
adding the following new section:
FISH AND WILDLIFE PROTECTION FUNDS. Sec. 9. All revenue derived
from state license fees for hunting, fishing, and trapping, and all
state funds appropriated for, and federal or private funds received by
the state for, the regulation or advancement of hunting, fishing, or
trapping, or the protection, propagation, restoration, management, or
harvest of fish or wildlife, shall be used exclusively for the
performance and administration of activities related to those purposes.
Sec. 2. The foregoing proposed amendment, having been adopted and
agreed to by the Seventy-fifth General Assembly, 1993 Session,
thereafter duly published, and now adopted and agreed to by the
Seventy-sixth General Assembly in this joint resolution, shall be
submitted to the people of the State of Iowa at the general election in
November of the year nineteen hundred ninety-six in the manner required
by the Constitution of the State of Iowa and the laws of the State of
Iowa.
On the question Shall the resolution pass? (S.J.R. 6) the vote was:
Yeas, 41:
Bartz Bennett Bisignano Black
Borlaug Boswell Connolly Dearden
Deluhery Drake Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hansen Horn
Husak Iverson Jensen Judge
Kibbie Lind Lundby Maddox
McKean McLaren Murphy Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 7:
Banks Boettger Douglas Dvorsky
Hammond Hedge Neuhauser
Absent or not voting, 2:
Kramer Palmer
The resolution 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 Joint
Resolution 6 be immediately messaged to the House.
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 26, 1995, amended and adopted the following
resolution in which the concurrence of the Senate is asked:
Senate Concurrent Resolution 3, a concurrent resolution relating to
the compensation of chaplains, officers and employees of the
seventy-sixth general assembly (S-3022).
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION
Convened: January 30, 1995, 3:15 p.m.
Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
Member and Lundby.
Members Absent: Horn.
Committee Business: Presentation by the department of inspections and
appeals.
Adjourned: 5:20 p.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE/NATURAL RESOURCES
Convened: January 30, 1995, 3:06 p.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking
Member; Bennett and Gettings.
Members Absent: none.
Committee Business: Presentation by the soil conservation division
administrator of the department of agriculture and land stewardship on
cost-share programs.
Adjourned: 4:30 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: January 30, 1995, 3:05 p.m.
Members Present: Vilsack, Chair; Hansen and Zieman.
Members Absent: Bisignano, Vice Chair and Borlaug, Ranking Member (both
excused).
Committee Business: Presentation by the department of economic
development.
Adjourned: 4:25 p.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: January 30, 1995, 3:12 p.m.
Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
Member; Fink and Freeman.
Members Absent: none.
Committee Business: Presentations by representatives of IPTV and FINE
foundation.
Adjourned: 5:06 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: January 30, 1995, 3:04 p.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: Budget presentation by the director of the
department of public health.
Adjourned: 4:53 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: January 30, 1995, 3:15 p.m.
Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
Member and Rittmer.
Members Absent: Deluhery.
Committee Business: Presentations by the director of economic assistance
division of the department of human services and program directors for
emergency assistance.
Adjourned: 5:15 p.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: January 30, 1995, 3:10 p.m.
Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking
Member; Husak and Redfern.
Members Absent: none.
Committee Business: Budget presentation by the legislative fiscal bureau
on the departments and governors requests.
Adjourned: 5:00 p.m.
APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM
Convened: January 30, 1995, 3:06 p.m.
Members Present: Neuhauser, Chair; Gronstal, Vice Chair and Maddox.
Members Absent: McLaren, Ranking Member and Boswell (both excused).
Committee Business: Presentation by the organizational change and
quality improvement personnel.
Adjourned: 5:15 p.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
CAPITALS
Convened: January 30, 1995, 3:00 p.m.
Members Present: Halvorson, Chair; Palmer, Vice Chair; Douglas, Ranking
Member and Jensen.
Members Absent: Murphy (excused).
Committee Business; Presentation by the department of management on
overview of sources and expenditures of the infrastructure fund; budget
presentation by the department of general services, and detail on
capitol restoration project.
Adjourned: 4:15 p.m.
BUSINESS AND LABOR
Convened: January 30, 1995, 2:19 p.m.
Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking
Member; Banks, Connolly, Dvorsky, Hammond, Iverson and Maddox.
Members Absent: Giannetto.
Committee Business: Assigned bills to subcommittees; presentation by the
actuary for the DES.
Adjourned: 2:40 p.m.
STUDY BILLS RECEIVED
SSB 69.1
Ways & Means
Relating to the state sales tax on auxiliary attachments for
self-propelled nd non-self-propelled farm machinery and equipment.
SSB 73
Judiciary
Relating to the criminal history check requirement for noncitizens
seeking t obtain a permit to acquire pistols or revolvers.
SSB 74
Communications & Information Policy
Providing that certain personnel and payroll records of employees
of a goverment body are public records subject to examination.
SSB 75
Commerce
Relating to the delay of the repeal for the exemption of certain
multiple emloyer welfare arrangements from regulation by the insurance
division and proviing an effective date.
SSB 76
Commerce
Relating to the authorization of a bank office where a state bank
may maintan its management and bookkeeping functions.
SSB 77
Commerce
Relating to permissible banking activities by an out-of-state bank
in this sate.
SSB 78
Judiciary
Relating to access to certain adoption records by the subject of
the record. L SSB 79
Judiciary
Establishing minimum penalties for the commission of a felony with
a firearm
SUBCOMMITTEE ASSIGNMENTS
Senate File 41
EDUCATION: Kibbie, Chair; Iverson and Murphy
Senate File 55
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Black, Chair; Judge and
Rensink
Senate File 59
WAYS AND MEANS: Connolly, Chair; Freeman and Neuhauser
Senate File 62
COMMERCE: Husak, Chair; Gettings and Jensen
Senate File 64
STATE GOVERNMENT: Bisignano, Chair; Lind and McLaren
Senate File 67
COMMERCE: Hansen, Chair; Deluhery and Lundby
Senate File 71
JUDICIARY: Hammond, Chair; Maddox, Neuhauser, Redfern and Vilsack
Senate File 72
TRANSPORTATION: Halvorson, Chair; Gettings and Jensen
Senate File 73
STATE GOVERNMENT: Halvorson, Chair; Fink and Rittmer
Senate File 74
COMMERCE: Hansen, Chair; Douglas and Gronstal
Senate File 75
HUMAN RESOURCES: Neuhauser, Chair; Boettger and Hansen
Senate File 78
STATE GOVERNMENT: Dearden, Chair; Bisignano and McLaren
SSB 70
WAYS AND MEANS: Deluhery, Chair; Connolly and Iverson
SSB 71
WAYS AND MEANS: Neuhauser, Chair; Husak and McLaren
SSB 73
JUDICIARY: Drake, Chair; Fraise, Giannetto, Hammond and Maddox
SSB 75
COMMERCE: Gronstal, Chair; Bisignano, Freeman, Hansen, Palmer, Jensen
and Redfern
SSB 76
COMMERCE: Husak, Chair; Freeman and Hansen
SSB 77
COMMERCE: Husak, Chair; Freeman and Hansen
SSB 78
JUDICIARY: Vilsack, Chair; Bartz, Maddox, Neuhauser and Szymoniak
SSB 79
JUDICIARY: Fraise, Chair; Giannetto, Hammond, McKean and Redfern
LSB 1618
AGRICULTURE: Black, Chair; Douglas and Zieman
ANNOUNCEMENT OF APPOINTMENTS
BY THE MAJORITY LEADER
(January 31, 1995)
The Majority Leader announced the following non-statutory
legislator appointments:
IOWA LEGISLATIVE COUNCIL COMMITTEE
INTERNATIONAL RELATIONS: Szymoniak, Fink, Neuhauser, McLaren and
Rife
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 79 Agriculture
S.F. 80 Local Government
S.F. 81 Appropriations
INTRODUCTION OF BILLS
Senate File 82, by committee on Human Resources, a bill for an act
relating to medical assistance provisions including those relating to
presumptive eligibility for pregnant women and the estates and trusts of
recipients of medical assistance.
Read first time under Rule 28 and placed on calendar.
Senate File 83, by committee on Education, a bill for an act
extending for an additional budget year the regular program district
cost guarantee for school districts.
Read first time under Rule 28 and placed on calendar.
Senate File 84, by committee on Human Resources, a bill relating to
health care reform and health care costs by providing for the regulation
of insurance and health care plan providers.
Read first time under Rule 28 and placed on calendar.
COMMITTEE REPORTS
EDUCATION
Final Bill Action: *SENATE FILE 83 (SSB 45), a bill for an act extending
for an additional budget year the regular program district cost
guarantee for school districts.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Lind, Murphy, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 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 Education
Committee on Senate File 83 and they were attached to the committee
report.
HUMAN RESOURCES
Final Bill Action: SENATE FILE 82 (SSB 63), a bill for an act relating
to medical asssitance provisions including those relating to presumptive
eligibility for pregnant women and the estates and trusts of recipients
of medical assistance.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
Hansen, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 1: Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 84 (SSB 53), a bill relating to health
care reform and health care costs by providing for the regulation of
insurance and health care plan providers.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
Hansen, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not
voting, 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 Human Resources
Committee on Senate File 84 and they were attached to the committee
report.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 53, a bill for an act relating to the
qualifactions of an appllicant for a license to sell real estate in this
state.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: 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.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3023.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 3, a bill for an act relating to the state
banner.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: SENATE FILE 2, a bill for an act relating to the
filing of claims for credit or refund by retired federal employees as a
result of the unconstitutional taxation of federal pensions under the
state individual income tax.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3024.
Final Vote: Ayes, 10: Husak, Connolly, Deluhery, Drake, Freeman, Murphy,
Neuhauser, Priebe, Szymoniak and Vilsack. Nays, 3: Hedge, Iverson and
McLaren. Pass, 1: Bennett. Absent or not voting, 1: Palmer.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 19, a bill for an act relating to the
production and processing exemption of flowering, ornamental, or
vegetable plants for purposes of the state sales, services, and use
taxes.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Husak, Bennett, Deluhery, Drake, Freeman, Hedge,
Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.
Nays, 1: Connolly. Absent or not voting, 1: Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-3022 S.C.R. 3 House amendment
S-3023 H.C.R. 10 State Government
S-3024 S.F. 2 Ways and Means
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 9:40 a.m., until
9:00 a.m., Wednesday, February 1, 1995.
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