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TWENTY-FIFTH CALENDAR DAY
SIXTEENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, February 2, 1995
The Senate met in regular session at 9:03 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Howard Innis, pastor of the
First Church of the Nazarene, Fairfield, Iowa.
The Journal of Wednesday, February 1, 1995, was approved.
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 February 1, 1995, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 17, a bill for an act establishing the state percent
of growth for the school budget year beginning July 1, 1995, for
purposes of the state school foundation program and providing effective
and applicability date provisions (S-3026).
ALSO: That the House has on February 1, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 120, a bill for an act establishing a schools making
advances through technology program, creating a fund, making
appropriations, and providing for related matters.
This bill was read first time and passed on file.
ALSO: That the House has on January 30, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 30, a bill for an act relating to the fee for a
combined hunting and fishing license and providing an effective date and
applicability provision.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 87, by committee on Judiciary, a bill for an act
relating to nonsubstantive Code corrections, and providing effective and
applicability date provisions.
Read first time and placed on calendar.
Senate File 88, by committee on Judiciary, a bill for an act
relating to statutory corrections which may adjust language to reflect
current practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and
conflicts, update ongoing provisions, or remove ambiguities.
Read first time and placed on calendar.
DISTINGUISHED VISITOR
Senator Tinsman presented the Honorable Eugene Kuznetsov, governor
of Stravropol Krai, and a senator in the Russian Parliament.
Governor Kuznetsov addressed the Senate with brief remarks with the
aid of his interpreter, Olga Vassiluvia. He expressed his gratitude for
exchanges between Iowa and his sister state, Stavropol, and said he was
looking forward to a cooperation between legislatures in 1995-1996.
President Boswell extended a welcome to the governor on behalf of
the Senate and the state of Iowa.
The Senate stood at ease at 9:13 a.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 9:42 a.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 40 present, 10 absent and a quorum present.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Hammond until she arrives on request of Senator Neuhauser.
The Senate stood at ease at 9:47 a.m. until the fall of the gavel
for the purpose of committee meetings.
The Senate resumed session at 11:07 a.m., President Boswell
presiding.
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)
House Concurrent Resolution 10
On motion of Senator Gronstal, 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, with
report of committee recommending amendment and passage, was taken up for
consideration.
Senator Gronstal offered amendment S-3023 filed by the committee on
State Government on January 31, 1995, to pages 2-4 of the resolution
and moved its adoption.
Amendment S-3023 was adopted by a voice vote.
Senator Gronstal moved the adoption of House Concurrent Resolution
10 as amended, which motion prevailed by a voice vote.
COMMITTEE REPORT
COMMERCE
Final Bill Action: SENATE FILE 84, a bill for an act relating to health
care reform and health care costs by providing for the regulation of
insurance and health care plan providers.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Deluhery, Hansen, Jensen, Bisignano, Douglas,
Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer and
Priebe. Nays, none. Absent or not voting, 1: Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 84
On motion of Senator Vilsack, Senate File 84, a bill for an act
relating to health care reform and health care costs by providing for
the regulation of insurance and health care plan providers, with report
of committee on Commerce recommending passage, was taken up for
consideration.
Senator Vilsack offered amendment S-3027 filed by him from the
floor to pages 2, 3-6, 13-17 and the title page of the bill and moved
its adoption.
Amendment S-3027 was adopted by a voice vote.
Senator Priebe offered amendment S-3028 filed by Senators Priebe,
et al., from the floor to pages 1, 17 and the title page of the bill.
Senator Murphy raised the point of order that amendment S-3028 was
not germane to the bill.
The Chair ruled the point not well taken and amendment S-3028 in
order.
Senator Murphy raised the point of order that a fiscal note should
be required on amendment S-3028 under Senate Rule 26.
The Chair ruled the point not well taken because the amendment had
not yet been adopted.
Senator Priebe moved the adoption of amendment S-3028 and requested
a record roll call.
On the question Shall amendment S-3028 be adopted? (S.F. 84) the
vote was:
Ayes, 42:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Giannetto Gronstal Halvorson
Hansen Hedge Horn Husak
Iverson Jensen Judge Kibbie
Kramer Lind Lundby Maddox
McKean McLaren Priebe Rensink
Rife Rittmer Sorensen Tinsman
Vilsack Zieman
Nays, 5:
Dearden Hammond Murphy Neuhauser
Szymoniak
Absent or not voting, 3:
Gettings Palmer Redfern
Amendment S-3028 was adopted.
Senator Horn asked and received unanimous consent that Senate File
84 be referred to the committee on Ways and Means under Senate rule 38
and returned to the Senate Calendar no later than 12:25 p.m., February
2, 1995.
The Senate stood at ease at 12:11 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 12:31 p.m., President Boswell
presiding.
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: SENATE FILE 84, a bill for an act relating to health
care reform and health care costs by providing for the regulation of
insurance and health care plan providers.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak
and Vilsack. Nays, none.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
BUSINESS PENDING
Senate File 84
The Senate resumed consideration of Senate File 84, a bill for an
act relating to health care reform and health care costs by providing
for the regulation of insurance and health care plan providers, with
report of committee on Ways and Means recommending passage.
Senator Connolly asked unanimous consent that action on Senate
File 84 be deferred.
Senator Connolly withdrew his request to defer.
Senator Rittmer asked and received unanimous consent to withdraw
amendment S-3029 filed by Senators Rittmer, et al., from the floor to
page 17 of the bill.
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. 84) the vote was:
Ayes, 46:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Neuhauser
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 3:
Connolly Murphy Palmer
Absent or not voting, 1:
Gettings
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Gettings for the remainder of the day on request of Senator
Horn.
HOUSE AMENDMENT CONSIDERED
Senate File 17
Senator Connolly called up for consideration Senate File 17, a bill
for an act establishing the state percent of growth for the school
budget year beginning July 1, 1995, for purposes of the state school
foundation program and providing effective and applicability date
provisions, amended by the House, and moved that the Senate concur in
House amendment S-3026 filed February 2, 1995.
The motion lost by a voice vote and the Senate refused to concur in
the House amendment.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House
Concurrent Resolution 10 and Senate Files 17 and 84 be immediately
messaged to the House.
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 February 1, 1995 passed the following bills in which the
concurrence of the Senate is asked:
House File 15, a bill for an act relating to the juror source list
by providing that the motor vehicle operators list and voter
registration list shall be updated yearly, and deleting the reference to
public utility customers lists as available comprehensive source lists.
This bill was read first time and passed on file.
House File 29, a bill for an act to provide a presumption that
kidnapping has occurred within the state when the body of a kidnapping
victim is found within the state.
This bill was read first time and passed on file.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 11, by committee on Transportation, a
concurrent resolution declaring support for Amtrak.
Read first time and placed on calendar.
INTRODUCTION OF BILLS
Senate Joint Resolution 7, by Priebe, Borlaug, Hedge, Kibbie,
Palmer, and Rittmer, a joint resolution to nullify an administrative
rule of the department of human services relating to the definition of
persons with mental retardation, and providing an effective date.
Read first time and passed on file.
Senate File 89, by Priebe, a bill for an act requiring the
department of human services to apply for federal waivers involving the
family investment program and related human services programs and
providing an effective date.
Read first time and passed on file.
Senate File 90, by Hansen, a bill for an act relating to the
detention of juveniles held as material witnesses or for contempt of
court.
Read first time and passed on file.
Senate File 91, by Bennett, a bill for an act relating to the
imposition and computation of the state franchise tax on financial
institutions and providing an effective and applicability date
provision.
Read first time and passed on file.
Senate File 92, by Vilsack, Szymoniak, and Bartz, a bill for an
act relating to an individual income tax deduction for amounts paid for
health benefits coverage or insurance and providing an effective date
provision.
Read first time and passed on file.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION
Convened: February 1, 1995, 3:05 p.m.
Members Present: Sorensen, Vice Chair; Bartz, Ranking Member and Lundby.
Members Absent: Judge, Chair (excused) and Horn.
Committee Business: Presentation by the department of commerce.
Adjourned: 4:25 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: February 1, 1995, 3:10 p.m.
Members Present: Vilsack, Chair; Borlaug, Ranking Member; Hansen and
Zieman.
Members Absent: Bisignano, Vice Chair.
Committee Business: Presentation by the business development division of
the department of economic development.
Adjourned: 4:40 p.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: February 1, 1995, 3:14 p.m.
Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
Member; Fink and Freeman.
Members Absent: none.
Committee Business: Presentation by the board of regents.
Adjourned: 4:34 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: February 1, 1995, 3:08 p.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: Budget presentation by the department of elder
affairs.
Adjourned: 4:04 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: February 1, 1995, 3:20 p.m.
Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
Member and Rittmer.
Members Absent: Deluhery.
Committee Business: Presentations by the mental health and developmental
disabilities division and personal assistance services of the department
of human services and MEDCO behavioral care.
Adjourned: 4:50 p.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: January 31, 1995, 3:10 p.m.
Members Present: Fraise, Chair; Iverson, Ranking Member; Husak and
Redfern.
Members Absent: Dvorsky, Vice Chair (excused).
Committee Business: Toured the DCI offices.
Adjourned: 4:32 p.m.
APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM
Convened: February 1, 1995, 3:22 p.m.
Members Present: Gronstal, Vice Chair; McLaren, Ranking Member and
Maddox.
Members Absent: Neuhauser, Chair and Boswell (both excused).
Committee Business: Presentation by the department of corrections.
Adjourned: 4:32 p.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
CAPITALS
Convened: February 1, 1995, 3:25 p.m.
Members Present: Halvorson, Chair; Douglas, Ranking Member and Jensen.
Members Absent: Palmer, Vice Chair and Murphy (both excused).
Committee Business: Presentation by the DOT on the duties of the highway
commission, planning and implementation of highway projects and
five-year plans.
Adjourned: 4:17 p.m.
COMMERCE
Convened: February 1, 1995, 1:37 p.m.
Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
Member; Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge,
Husak, Lundy, Palmer, Priebe and Redfern.
Members Absent: none.
Committee Business: Assigned a bill to a subcommittee; presentation on
the availability of bank services in small towns.
Adjourned: 2:02 p.m.
COMMUNICATIONS AND INFORMATION POLICY
Convened: February 1, 1995, 10:05 a.m.
Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking
Member; Hansen, Jensen and Redfern.
Members Absent: Flynn (excused).
Committee Business: Assigned bills to subcommittees; presentation by the
chair and a representative of ITTC.
Adjourned: 11:10 a.m.
JUDICIARY
Convened: February 1, 1995, 11:10 a.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
Hansen, Maddox, Redfern and Szymoniak.
Members Absent: Neuhauser (excused).
Committee Business: Amended and approved SSBs 34, 35 and 43 as committee
bills.
Adjourned: 12:15 p.m.
LOCAL GOVERNMENT
Convened: February 1, 1995, 1:35 p.m.
Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
Member; Black, Fraise, Halvorson, McKean, Rittmer and Zieman.
Members Absent: Judge (excused).
Committee Business: Senate File 47 failed recommendation for passage;
deferred action on SSB 27; assigned bills to subcommittees.
Adjourned: 2:07 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: February 1, 1995, 11:07 a.m.
Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
Banks, Borlaug, Dearden, Deluhery, Freeman, Hedge, Kibbie, Priebe,
Rensink and Sorensen.
Members Absent: Gronstal and Judge (excused).
Committee Business: Assigned bills to subcommittees.
Adjourned: 12:02 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM
Convened: February 1, 1995, 2:22 p.m.
Members Present: Hansen, Chair; Zieman, Ranking Member; Bennett,
Boettger, Borlaug, Flynn, Giannetto, Kibbie, Maddox, McKean, Palmer,
Sorensen and Vilsack.
Members Absent: Judge, Vice Chair and Szymoniak.
Committee Business: Recommended passage of Senate File 60.
Adjourned: 2:44 p.m.
TRANSPORTATION
Convened: February 1, 1995, 2:20 p.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind
and Rittmer.
Members Absent: none.
Committee Business: Amended and approved SSB 57 as a committee
resolution; presentation by motor vehicle enforcement.
Adjourned: 3:30 p.m.
ANNOUNCEMENT BY THE MAJORITY LEADER
STATUTORY LEGISLATIVE APPOINTMENTS
(February 2, 1995)
INTERSTATE COOPERATION COMMISSION
(Code Chapter 28B)
Senator Steve Hansen
Senator Tom Flynn
Senator Dick Dearden
Senator Allen Borlaug
Senator Mary Lundby
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.C.R. 10 Transportation
S.F. 86 Judiciary
S.F. 89 Human Resources
S.F. 90 Judiciary
S.F. 91 Ways and Means
S.F. 92 Ways and Means
S.J.R. 7 Human Resources
H.F. 30 Natural Resources
H.F. 120 Education
STUDY BILLS RECEIVED
SSB 90
Business & Labor
Relating to employment services by eliminating wage credit
liability transfes and allowing all employers relief from charges when
an unemployment compensaion overpayment is made and providing an
applicability date.
SSB 91
Judiciary
Relating to the access of a child to parents under custody and
support order following a dissolution of marriage.
SSB 92
Judiciary
Relating to the awarding of joint custody of children resulting
from a dissoution of marriage.
SUBCOMMITTEE ASSIGNMENTS
Senate File 86
JUDICIARY: Redfern, Chair; Fraise, Giannetto, McKean and Vilsack
SSB 90
BUSINESS AND LABOR: Dvorsky, Chair; Freeman and Hammond
SSB 91
JUDICIARY: Vilsack, Chair; Giannetto, Maddox, Neuhauser and Redfern
SSB 92
JUDICIARY: Vilsack, Chair; Giannetto, Maddox, Neuhauser and Redfern
COMMITTEE REPORTS
JUDICIARY
Final Bill Action: SENATE FILE 87 (SSB 34), a bill for an act relating
to nonsubstantive Code corrections, and providing effective and
applicability date provisions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Hammond and Maddox. Nays, none. Absent or not
voting, 5: Halvorson, Hansen, Neuhauser, Redfern and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 88 (SSB 35), a bill for an act relating
to statutory corrections which may adjust language to reflect current
practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and
conflicts, update ongoing provisions, or remove ambiguities.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Redfern and
Szymoniak. Nays, none. Absent or not voting, 1: Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 93 (SSB 43), a bill for an act related to
criminal offenses against minors and sexually violent offenses and
offenders committing those offenses, by requiring registration by
offenders, providing for the establishment of a sex offender registry,
and providing penalties.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Giannetto, Vilsack, Bisignano, Boettger, Drake,
Fraise, Halvorson, Hammond, Hansen, Maddox and Redfern. Nays, none.
Absent or not voting, 4: McKean, Bartz, Neuhauser and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*TRANSPORTATION
Final Bill Action: SENATE CONCURRENT RESOLUTION 11 (SSB 57), a
concurrent resolution declaring support for Amtrak.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 11: Gettings, Fraise, Black, Connolly, Dearden,
Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Pass, 1:
Drake.
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 Transportation
Committee on Senate Concurrent Resolution 11 and they were attached to
the committee report.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 12, by Halvorson, a concurrent
resolution urging the Federal Trade Commission to amend a consent
agreement that would require the divestiture of the Fort Dodge Friskies
Pet Care Plant.
Read first time under Rule 28 and passed on file.
INTRODUCTION OF BILL
Senate File 93, by committee on Judiciary, a bill for an act
related to criminal offenses against minors and sexually violent
offenses and offenders committing those offenses, by requiring
registration by offenders, providing for the establishment of a sex
offender registry, and providing penalties.
Read first time under Rule 28 and placed on calendar.
AMENDMENTS FILED
S-3026 S.F. 17 House amendment
S-3027 S.F. 84 Tom Vilsack
S-3028 S.F. 84 Berl E. Priebe
Emil J. Husak
H. Kay Hedge
Sheldon Rittmer
John P. Kibbie
Tony Bisignano
S-3029 S.F. 84 Sheldon Rittmer
H. Kay Hedge
Berl E. Priebe
John P. Kibbie
S-3030 S.F. 87 Judiciary
S-3031 S.F. 88 Judiciary
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 1:40 p.m., until
1:30 p.m., Monday, February 6, 1995.
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