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THIRTIETH CALENDAR DAY EIGHTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 7, 1995 The Senate met in regular session at 9:05 a.m., President Boswell presiding. Prayer was offered by the Reverend Steven Kruse, pastor of the Faith Lutheran Church, Clive, Iowa. The Journal of Monday, February 6, 1995, was approved. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 13, by Hammond, Lundby, Neuhauser, Boettger, Freeman, Szymoniak, Judge, Douglas, Tinsman, and Kramer, a concurrent resolution recognizing the seventh-fifth anniversary of the founding of the League of Women Voters of Iowa. Read first time and passed on file. INTRODUCTION OF BILLS Senate File 98, by Jensen, Bisignano, and Palmer, a bill for an act relating to the preservation of the Iowa state capitol. Read first time and passed on file. Senate File 99, by Boswell, a bill for an act relating to the establishing of an integrated case-management program within the department of elder affairs, and making an appropriation. 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 43 present, 7 absent and a quorum present. CONSIDERATION OF BILL (Regular Calendar) Senate File 60 On motion of Senator Sorensen, Senate File 60, a bill for an act relating to establishing a linked investment program for speculative building development, with report of committee recommending passage, was taken up for consideration. Senator Sorensen 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. 60) the vote was: Ayes, 50: 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 Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. The bill 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 File 60 be immediately messaged to the House. APPENDIX ANNOUNCEMENT OF VISITOR Senator Szymoniak announced that Sergei Khrushchev, son of former Soviet premier, Nikita Khrushchev, was visiting the Statehouse and would be present in the rotunda today for senators to meet him. Sergei accompanied his father and mother in an historic visit to Iowa in 1959, and is now a researcher at the Watson Institutes Center for Foreign Policy Development at Brown University. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 6, 1995, 3:05 p.m. Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking Member and Lundby. Members Absent: Horn. Committee Business: Presentation by the department of general services. Adjourned: 3:50 p.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 6, 1995, 3:05 p.m. Members Present: Bisignano, Vice Chair; Borlaug, Ranking Member; Hansen and Zieman. Members Absent: Vilsack, Chair (excused). Committee Business: Presentation by the tourism and international divisions of the department of economic development. Adjourned: 4:45 p.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 6, 1995, 3:05 p.m. Members Present: Kibbie, Chair; Kramer, Ranking Member; Fink and Freeman. Members Absent: Connolly, Vice Chair (excused). Committee Business: Joint meeting with the appropriations subcommittee on transportation, infrastructure and capitals; presentations by presidents of the three universities and a representative of the board of regents. Adjourned: 4:04 p.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 6, 1995, 3:10 p.m. Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking Member; Boettger and Dearden. Members Absent: none. Committee Business: Presentation by the legislative fiscal bureau on program performance based budgeting; presentation by the department of public health on performance based budget of departments division of family and community health. Adjourned: 4:50 p.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 6, 1995, 3:15 p.m. Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking Member; Deluhery and Rittmer. Members Absent: none. Committee Business: Welfare reform discussion with FIP and Fadss of DHS and Dubuque visiting nurses; also discussion with the commission on the status of women. Adjourned: 5:06 p.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 6, 1995, 3:06 p.m. Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking Member; Husak and Redfern. Members Absent: none. Committee Business: Presentation by the criminal and juvenile justice planning division and the department of human rights. Adjourned: 4:35 p.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM Convened: February 6, 1995, 3:05 p.m. Members Present: Neuhauser, Chair; McLaren, Ranking Member and Maddox. Members Absent: Gronstal, Vice Chair and Boswell (excused). Committee Business: Presentation by the Scott County director of budget in ICN room. Adjourned: 3:40 p.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 6, 1995, 3:05 p.m. Members Present: Halvorson, Chair; Palmer, Vice Chair; Douglas, Ranking Member and Jensen. Members Absent: Murphy (excused). Committee Business:Board of Regents budget presentations by the presidents of the three state universities and director of special schools; budget presentation for the department of public defense by the national guard. Adjourned: 5:30 p.m. BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee on February 6, 1995: S.F. 94 State Government S.F. 95 Local Government S.F. 96 Ways and Means S.F. 97 Local Government S.J.R. 8 Education S.C.R. 12 Small Business, Economic Development & Tourism STUDY BILLS RECEIVED SSB 96 Human Resources Relating to child support recovery. SSB 97 Transportation Relating to the operation of all-terrain vehicles and snowmobiles on roads ad applying penalties. SSB 98 Transportation Relating to governmental control of property by allowing governmental entitis to enter and test property for condemnation purposes, providing for the inteest rates assessed for condemnation damages, providing for right-of-way noticefilings, and concerning advertising control laws on scenic highways. SSB 99 Human Resources Relating to child abuse involving termination of parental rights in certain buse or neglect cases and access by other states to child abuse information. SSB 100 State Government Relating to the hours for sale of alcoholic beverages on Sundays. SSB 101 Commerce Relating to the definition of the federal Truth in Lending Act in the Iowa cnsumer credit code. SSB 102 State Government Relating to the practice of mortuary science, cremation, and licensing of fueral establishments and providing penalties. SSB 103 State Government Relating to regulation of food establishments and providing for fees and penlties. SSB 104 State Government Relating to the sale price of alcoholic liquor by a class E liquor control licensee, and subjecting violators to criminal and civil penalties. SSB 105 Local Government Relating to the distribution of fines received from the enforcement of count ordinances. SSB 106 Local Government Relating to the payment of confinement expenses of felons during presentenceinvestigations. SSB 107 Commerce Relating to the validity of a notarial act by an officer, director, or shareolder of a corporation and providing for retroactive application. SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 7 HUMAN RESOURCES: Szymoniak, Chair; Boettger and Dvorsky Senate Concurrent Resolution 10 TRANSPORTATION: Drake, Chair; Black and Dearden Senate Concurrent Resolution 12 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Kibbie, Chair; Bennett and Hansen Senate File 76 NATURAL RESOURCES, ENVIRONMENT & ENERGY: Gronstal, Chair; Deluhery and Lundby Senate File 79 AGRICULTURE: Bartz, Chair; McLaren and Sorensen Senate File 80 LOCAL GOVERNMENT: Judge, Chair; Maddox and Sorensen Senate File 89 HUMAN RESOURCES: Szymoniak, Chair; Tinsman and Vilsack Senate File 90 JUDICIARY: Hansen, Chair; Bartz, Giannetto, Hammond and Maddox Senate File 91 WAYS AND MEANS: Palmer, Chair; Bennett and Neuhauser Senate File 92 WAYS AND MEANS: Murphy, Chair; McLaren and Szymoniak Senate File 94 STATE GOVERNMENT: Kibbie, Chair; Gronstal and McLaren Senate File 95 LOCAL GOVERNMENT: Fink, Chair; Sorensen and Zieman Senate File 97 LOCAL GOVERNMENT: Halvorson, Chair; Sorensen and Zieman House File 30 NATURAL RESOURCES: Black, Chair; Judge and Rensink SSB 84 EDUCATION: Fink, Chair; Hammond and Rensink SSB 85 AGRICULTURE: Priebe, Chair; Boswell, Douglas, Hedge and Husak SSB 93 AGRICULTURE: Priebe, Chair; Bartz, Fraise, Giannetto and Hedge SSB 94 STATE GOVERNMENT: Kibbie, Chair; Bennett and Connolly SSB 95 EDUCATION: Hammond Chair; Neuhauser and Rensink SSB 96 HUMAN RESOURCES: Neuhauser, Chair; Bartz and Hansen SSB 97 TRANSPORTATION: Black, Chair; Douglas and Fink SSB 98 TRANSPORTATION: Connolly, Chair; Gettings and Rittmer SSB 99 HUMAN RESOURCES: Dvorsky, Chair; Bartz and Neuhauser SSB 100 STATE GOVERNMENT: Connolly, Chair; Gronstal and Lind SSB 101 COMMERCE: Flynn, Chair; Deluhery and Lundby SSB 102 STATE GOVERNMENT: Sorensen, Chair; Connolly and Lundby SSB 103 STATE GOVERNMENT: Connolly, Chair; Giannetto and Lind SSB 104 STATE GOVERNMENT: Bisignano, Chair; Lind and McLaren SSB 105 LOCAL GOVERNMENT: Halvorson, Chair; Black and McKean SSB 106 LOCAL GOVERNMENT: Halvorson, Chair; Black and McKean SSB 107 COMMERCE: Hansen, Chair; Deluhery and Douglas LSB 2021 AGRICULTURE: Judge, Chair; Douglas and Fraise CERTIFICATES OF RECOGNITION The secretary of the senate issued the following certificates of recognition: Mindy Crannell and Heather Hansen, Adel - For outstanding service on the 1995 medical mission to the Dominican Republic. Senator Douglas (2-6-95). Dan Stecker, Pleasantville - For the Golden Apple award for outstanding teaching at Indianola High School. Senator Fink (2-6-95). Jerry Pierce, Roland-Story Middle School - For being named Teacher of the Year by the State Department of Education. Senator Giannetto (2-11-95). Brian D. Hall, Cedar Rapids - For achieving the rank of Eagle Scout. Senator Lundby (2-21-95). INTRODUCTION OF BILLS Senate Joint Resolution 9, by committee on Agriculture, a joint resolution to nullify portions of an administrative rule relating to open burning of certain agricultural and other wastes and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 100, by Black, a bill for an act exempting rural water districts from membership in the underground facilities notification center. Read first time under Rule 28 and passed on file. Senate File 101, by Black, a bill for an act relating to bond issuance elections and authorizing the imposition of an income surtax to partially fund certain bonds issued by a county, city, school district, or community college and providing for the Acts applicability. Read first time under Rule 28 and passed on file. Senate File 102, by Kibbie, a bill for an act relating to the drug testing of employees involved in workplace accidents and making penalties applicable. Read first time under Rule 28 and passed on file. Senate File 103, by Maddox, a bill for an act relating to eligibility for receipt of contingent annuitant allowances under the Iowa public employees retirement system, and providing effective and retroactive applicability dates. Read first time under Rule 28 and passed on file. Senate File 104, by Maddox, a bill for an act relating to the regulation of motorboats on certain artificial lakes, and providing an effective date. Read first time under Rule 28 and passed on file. Senate File 105, by Kibbie, a bill for an act relating to the computation of the homestead property tax credit and the extraordinary property tax credit and reimbursement for homesteads and providing effective and applicability date provisions. Read first time under Rule 28 and passed on file. Senate File 106, by Hammond and Tinsman, a bill for an act to provide disaster leave for certain state employees. Read first time under Rule 28 and passed on file. Senate File 107, by committee on Agriculture, a bill for an act to support renovation and capital projects relating to the Iowa state fairgrounds by providing an appropriation. Read first time under Rule 28 and placed on calendar. Senate File 108, by McKean, a bill for an act to provide for the six-year revocation of licenses for persons who unintentionally cause the death of another while driving recklessly or eluding a police officer. Read first time under Rule 28 and passed on file. Senate File 109, by Halvorson, a bill for an act to provide for the impoundment or immobilization of motor vehicles driven or owned by persons convicted of operating while intoxicated and being a second or subsequent offender and providing a penalty. Read first time under Rule 28 and passed on file. COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 107 (SSB 85), a bill for an act to support renovation and capital projects relating to the Iowa state fairgrounds by providing an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Priebe, Judge, Bartz, Banks, Boswell, Douglas, Fraise, Hedge, Husak, McLaren, Palmer, Sorensen and Zieman. Nays, none. Absent or not voting, 2: Black and Giannetto. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE JOINT RESOLUTION 9 (SSB 93), a joint resolution to nullify portions of an administrative rule relating to open burning of certain agricultural and other wastes and providing an effective date. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 13: Priebe, Judge, Bartz, Banks, Boswell, Douglas, Fraise, Hedge, Husak, McLaren, Palmer, Sorensen and Zieman. Nays, none. Absent or not voting, 2: Black and Giannetto. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 14,, a bill for an act relating to the commission on compensation, expenses, and salaries for elective state officials and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby and Sorensen. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 40, a bill for an act relating to exempting employees of the state fair authority from the state merit personnel system. Recommendation: DO PASS. Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby and Sorensen. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3032 S.F. 82 Johnie Hammond S-3033 S.R. 5 Emil J. Husak H. Kay Hedge Andy McKean Don Gettings Richard F. Drake Mary Neuhauser S-3034 S.R. 4 H. Kay Hedge Andy McKean Don Gettings Richard F. Drake Emil J. Husak Mary Neuhauser S-3035 S.F. 21 Randal J. Giannetto ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 9:56 a.m., until 9:00 a.m., Wednesday, February 8, 1995.
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