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Senate Journal: Tuesday, February 7, 1995

                             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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