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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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