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Senate Journal: Wednesday, February 8, 1995

                            THIRTY-FIRST CALENDAR DAY

                             NINETEENTH SESSION DAY

                                 Senate Chamber

                  Des Moines, Iowa, Wednesday, February 8, 1995



         The Senate met in regular session at 9:04 a.m., President Boswell
    presiding.

         Prayer was offered by the Reverend Robert Boudewyns, pastor of the
    Unity Lutheran Church, Des Moines, Iowa.

         The Journal of Tuesday, February 7, 1995, was approved.



                             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 February 6, 1995, amended and passed the following bill in
    which the concurrence of the Senate is asked:

         Senate File 37, a bill for  an act relating to the control of
    emissions from grain storage facilities, by imposing a moratorium upon
    the department of natural resources, and providing an effective date
    (S-3036).



                              INTRODUCTION OF BILLS

         Senate File 110, by Lind, a bill for  an act abolishing the racing
    dog adoption program and eliminating financial support provided to the
    program.

         Read first time and passed on file.

         Senate File 111, by Vilsack, Bisignano, and Hansen,    a bill for
    an act relang to corporate, franchise, and insurance premiums tax
    credits for entities investing in a qualified venture capital company
    and providing retroactive applicability date provisions.
         Read first time and passed on file.

         Senate File 112, by Lind, a bill for  an act relating to the salary
    of the executive secretary of the Iowa ethics and campaign disclosure
    board.

         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 45 present, 5 absent and a quorum present.



                              CONSIDERATION OF BILL

                               (Regular Calendar)

    Senate File 93

         On motion of Senator Bisignano, Senate File 93, 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, was taken up for
    consideration.

         The Senate stood at ease at 9:30 a.m. until the fall of the gavel
    for the purpose of party caucuses.

         The Senate resumed session at 10:10 a.m., President Boswell
    presiding.

         Senator Horn asked and received unanimous consent that action  on
    Senate File 93 be deferred.



                              INTRODUCTION OF BILL

         Senate File 113, by Vilsack, Hansen, Bisignano, and Halvorson, a
    bill for  an act relating to establishing a local housing development
    program under the Iowa finance authority, authorizing the issuance of
    bonds to fund the program, and authorizing a city, county, or municipal
    housing agency to develop, own, and manage a local housing project.
         Read first time and passed on file.



                                     RECESS

         On motion of Senator Horn, the Senate recessed at 10:13 a.m., until
    5:00 p.m.





                                    APPENDIX



                             PRESENTATION OF VISITOR

         The Chair welcomed the Honorable Ray Taylor, former member of the
    House and Senate from Hardin County, Steamboat Rock, Iowa.



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee on February 7, 1995:


         S.F.          98            Rules and Administration
         S.F.          99            Appropriations
         S.F.          100           Natural Resources
         S.F.          101           Local Government
         S.F.          102           Business and Labor
         S.F.          103           State Government
         S.F.          104           Natural Resources
         S.F.          105           Ways and Means
         S.F.          106           State Government
         S.C.R.        13            Human Resources



                          REPORTS OF COMMITTEE MEETINGS

    APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION

    Convened: February 7, 1995, 10:35 a.m.

    Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
    Member; Horn and Lundby.

    Members Absent: none.
    Committee Business: Presentation by the department of personnel.

    Adjourned: 11:10 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

    Convened: February 7, 1995, 10:18 a.m.

    Members Present: Vilsack, Chair; Bisignano, Vice Chair; Hansen and
    Zieman.

    Members Absent: Borlaug, Ranking Member (excused).

    Committee Business: Presentations by technology transfer, Iowa seed
    capital corporation; wallace technology foundation and small business
    investment corporation.

    Adjourned: 12:01 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

    Convened: February 7, 1995, 10:27 a.m.

    Members Present: Kibbie, Chair; Connolly, Vice Chair; Kramer, Ranking
    Member; Fink and Freeman.

    Members Absent: none.

    Committee Business: Presentations by the university of osteopathic
    medicine and health sciences, and the university of Iowa.

    Adjourned: 12:12 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

    Convened: February 7, 1995, 10:33 a.m.

    Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
    Member; Boettger and Dearden.

    Members Absent: none.

    Committee Business: Budget presentations by the department of human
    rights and governors alliance on substance abuse.

    Adjourned: 11:55 a.m.
    APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

    Convened: February 7, 1995, 10:30 a.m.

    Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
    Member; Deluhery and Rittmer.

    Members Absent: none.

    Committee Business: Explanations of the X-PERT and FACS computer systems
    of the department of human services.

    Adjourned: 12:10 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

    Convened: February 7, 1995, 10:28 a.m.

    Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking
    Member; Husak and Redfern.

    Members Absent: none.

    Committee Business: Presentation by AT&T.

    Adjourned: 11:23 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM

    Convened: February 7, 1995, 10:30 a.m.

    Members Present: Neuhauser, Chair; Gronstal, Vice Chair; McLaren,
    Ranking Member and Maddox.

    Members Absent: Boswell (excused).

    Committee Business: Presentation by the department of management on
    privatization efforts.

    Adjourned: 11:20 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
    CAPITALS

    Convened: February 7, 1995, 10:25 a.m.
    Members Present: Halvorson, Chair; Douglas, Ranking Member and Jensen.

    Members Absent: Palmer, Vice Chair and Murphy (both excused).

    Committee Business: Presentation by the department of natural resources
    on capital projects; LFB distributed materials on revolving funds
    transferred to general funds and on capital projects summary report
    (Jan.-June, 1994).

    Adjourned: 11:25 a.m.



    AGRICULTURE

    Convened: February 7, 1995, 8:04 a.m.

    Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
    Member; Banks, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
    McLaren, Palmer, Sorensen and Zieman.

    Members Absent: Black (excused).

    Committee Business: Approved SSBs 85 and 93 as committee bills.

    Adjourned: 8:39 a.m.



    COMMERCE

    Convened: February 7, 1995, 3:20 p.m.

    Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
    Member; Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak,
    Palmer, Priebe and Redfern.

    Members Absent: Bisignano and Lundby.

    Committee Business: Assigned bills to subcommittees; presentation by the
    superintendent of banking and the credit union superintendent.

    Adjourned: 3:56 p.m.



    EDUCATION

    Convened: February 7, 1995, 2:36 p.m.

    Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
    Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind,
    Neuhauser, Rensink and Tinsman.
    Members Absent: Murphy and Szymoniak (both excused).

    Committee Business: Assigned bills to subcommittees.

    Adjourned: 2:39 p.m.



    ETHICS

    Convened: February 7, 1995, 2:40 p.m.

    Members Present: Husak, Chair;  Hedge, Ranking Member; Drake, Gettings
    and McKean.

    Members Absent: Neuhauser, Vice Chair (excused).

    Committee Business: Discussed amendments to Senate Resolutions 4 and 5.

    Adjourned: 3:05 p.m.



    HUMAN RESOURCES

    Convened: February 7, 1995, 1:34 p.m.

    Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger,
    Ranking Member; Bartz, Dvorsky, Hansen, Kramer, Neuhauser, Tinsman and
    Vilsack.

    Members Absent: none.

    Committee Business: Approved SSBs 18, 50, 52 and 62.

    Adjourned: 2:26 p.m.



    STATE GOVERNMENT

    Convened: February 7, 1995, 1:35 p.m.

    Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
    Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto,
    Halvorson, Lind, Lundby and Sorensen.

    Members Absent: McLaren.

    Committee Business: Assigned bills to subcommittees and recommended
    passage of Senate Files 14 and 40.

    Adjourned: 1:47 p.m.
                           REPORT OF THE COMMITTEE ON

                            RULES AND ADMINISTRATION

         The committee on Rules and Administration referred the following
    governors appointments to state boards, commissions and departments to
    Senate standing committees as indiciated for investigation on February
    8, 1995:

                                   AGRICULTURE

         Kenneth W. McNichols - State Soil Conservation Committee.

                               BUSINESS AND LABOR

         Derald L. Judson, Jr. - Employment Appeal Board.

         Kathryn A. Murphy - Job Service Advisory Council.

                                    COMMERCE

         Dr. Therese M. Vaughan - Commissioner of Insurance.

                      COMMUNICATIONS AND INFORMATION POLICY

         Joan U. Axel, Robert F. Baur and Richard A. Westcott - Iowa
    Telecommunications and Technology Commission.

                                    EDUCATION

         Wayne F. Drexler - School Budget Review Committee.

                                 HUMAN RESOURCES

         Alan J. Beste, Dr. Kenneth W. Caldwell, Danny T. Foster, Denise A.
    Harklau, Dr. Mary A. Khowassah and Dr. Rick D. Wilkerson - Athletic
    Trainer Advisory Board.

         Judge Brown, Jr. - Commission on the Status of Women.

         Dr. Dale J. Andringa, Dennis L. Billings, Kraig A. Boysen, Dr. Beth
    K. Bruening, John M. Comstock, Ann E. Kaven, John A. Kolosky, Marabeth
    K. Soneson, Marcia J. Stark, F. Walter Tomenga and Pamela W. Vap -
    Community Health Management Information System Governing Board.

         Mary Anne Anderson, Sharon Blair, Robert J. DeSmidt, Dr. Marilee
    Fredericks, Gary L. Gansemer, Frank H. Hermsen, Gilbert C. Hoogendoorn,
    Clark A. Lane, Barbara J. Lips, Jean E. Oxley, Robert E. Petersen, Linda
    W. Rouse and Beverly A. Sanderson - Mental Health and Developmental
    Disabilities Commission.
                                    JUDICIARY

         Elizabeth A. Walker - Board of Parole.

         Paul J. Leinen, Jr. - State Judicial Nominating Commission.

                    NATURAL RESOURCES, ENVIRONMENT AND ENERGY

         Terrence G. Townsend - Environmental Protection Commission.

         Joan C. Schneider - Natural Resource Commission.

         Yvonne M. Wente - Renewable Fuels and Coproducts Advisory
    Committee.

    SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

         David J. Lyons - Director of the Department of Economic
    Development.

         Carol A. Garrett, Doris A. Hansen, Thomas G. Kunz, John B. Parks,
    L. Jeanne Partlow, Randolph P. Steig and Bruce Tamisiea - Iowa Seed
    Capital Corporation.

                                STATE GOVERNMENT

         Dr. Teresa A. Mock - Board of Medical Examiners.

         Muriel E. Allan, Dorothy E. Andrews and Gail K. Danilson -
    Commission of Veterans Affairs.

         Dr. Scharron A. Clayton and Myrtilla Levin - Commission on the
    Status of African-Americans.

         Janet E. Phipps - Director of the Department of General Services.

         Randy G. Brown - Executive Director of the Commission of Veterans
    Affairs.

         Dr. Bruce W. Van Zee - Iowa Board of Veterinary Medicine.

                                                        WALLY E. HORN, Chair



                              STUDY BILLS RECEIVED

         SSB 108
         Human Resources

         Relating to health facilities under the purview of the department
    of inspections and appeals.

         SSB 109
         Transportation

         Relating to salvage and wrecked motor vehicles.
                                COMMITTEE REPORTS



    HUMAN RESOURCES

    Final Bill Action: SENATE FILE 114 (SSB 18), a bill for an act relating
    to anabolic steroids and the Iowa uniform controlled substances Act.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
    Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 116 (SSB 62), a bill for an act
    authorizing certain persons to access dependent adult abuse information.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
    Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: *SENATE FILE 117 (SSB 52), a bill for an act adopting
    a new uniform anatomical gift Act and providing a penalty.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
    Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none.

    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 117 and they were attached to the committee
    report.

    ALSO:

    Final Bill Action: *SENATE FILE 118 (SSB 50), a bill for an act relating
    to the development and implementation of a coordinated statewide trauma
    care delivery system and providing penalties and immunity from
    liability.
    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Bartz, Dvorksy,
    Kramer, Neuhauser and Vilsack. Nays, 1: Hansen. Pass, 1: Tinsman.

    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 118 and they were attached to the committee
    report.



                                AMENDMENTS FILED


         S-3036        S.F.          37            House amendment
         S-3037        S.F.          21            Eugene Fraise
                                                   Don Gettings
         S-3038        S.F.          82            Johnie Hammond
         S-3039        S.F.          58            Andy McKean
         S-3040        S.R.          5             Rod Halvorson
         S-3041        S.R.          5             Rod Halvorson
         S-3042        S.F.          93            Tony Bisignano
         S-3043        S.F.          93            Randal J. Giannetto
         S-3044        S.F.          93            Tony Bisignano
         S-3045        S.F.          93            Rod Halvorson
         S-3046        S.F.          93            Brad Banks
                                AFTERNOON SESSION

         The Senate reconvened at 5:00 p.m., President Boswell presiding.



                     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 7, 1995, passed the following bills in which the
    concurrence of the Senate is asked:

         House File 41, a bill for  an act relating to the establishment of
    legal settlement for certain blind persons and providing an effective
    date.

         This bill was read first time and passed on file.

         House File 94, a bill for  an act to permit certain dissolutions of
    marriage to take place without a hearing.

         This bill was read first time and passed on file.



                              INTRODUCTION OF BILLS

         Senate File 114, by committee on Human Resources, a bill for  an
    act relating to anabolic steroids and the Iowa uniform controlled
    substances Act.

         Read first time and placed on calendar.

         Senate File 115, by Lind, a bill for  an act relating to department
    of human services child day care nutritional standards.

         Read first time and passed on file.

         Senate File 116, by committee on Human Resources, a bill for  an
    act authorizing certain persons to access dependent adult abuse
    information.

         Read first time and placed on calendar.
         Senate File 117, by committee on Human Resources, a bill for  an
    act adopting a new uniform anatomical gift Act and providing a penalty.

         Read first time and placed on calendar.

         Senate File 118, by committee on Human Resources, a bill for  an
    act relating to the development and implementation of a coordinated
    statewide trauma care delivery system and providing penalties and
    immunity from liability.

         Read first time and placed on calendar.

         Senate File 119, by Maddox, a bill for  an act relating to
    supplementary weightings for shared administrators by school districts
    under the state school foundation aid program and providing an effective
    date.

         Read first time and passed on file.



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee on February 8:


         S.F.          108           Judiciary
         S.F.          109           Judiciary
         S.F.          110           State Government
         S.F.          111           Small Business, Economic Development, &
    Tourism
         S.F.          112           State Government
         S.F.          113           Small Business, Economic Development, &
    Tourism
         S.F.          115           Human Resources
         S.F.          119           Education
         H.F.          15            Judiciary
         H.F.          29            Judiciary
         H.F.          41            Human Resources
         H.F.          94            Judiciary
                                    APPENDIX



                                COMMITTEE REPORTS

    BUSINESS AND LABOR

    Final Bill Action: SENATE CONCURRENT RESOLUTION 8, a concurrent
    resolution urging support of the striking workers at
    Bridgestone/Firestone in Des Moines through legislation and other means.

    Recommendation: DO PASS.

    Final Vote: Ayes, 6: Dearden, Gettings, Connolly, Dvorsky, Giannetto and
    Hammond. Nays, 4: Freeman, Banks, Iverson and Maddox.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

    Final Bill Action: SENATE CONCURRENT RESOLUTION 12, a concurrent
    resolution urging the Federal Trade Commission to amend a consent
    agreement that would require the divestiture of the Fort Dodge Friskies
    PetCare Plant.

    Recommendation: DO PASS.

    Final Vote: Ayes, 12: Hansen, Judge, Zieman, Bennett, Boettger, Borlaug,
    Kibbie, Maddox, Palmer, Sorensen, Szymoniak and Vilsack. Nays, none.
    Absent or not voting, 3: Flynn, Giannetto and McKean.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                                AMENDMENTS FILED


         S-3047        S.F.          83            Stewart Iverson, Jr.
         S-3048        S.C.R.        8             Stewart Iverson, Jr.



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 5:03 p.m., until
    9:00 a.m., Thursday, February 9, 1995.

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