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Senate Journal: Thursday, February 9, 1995

                           THIRTY-SECOND CALENDAR DAY

                              TWENTIETH SESSION DAY

                                 Senate Chamber

                  Des Moines, Iowa, Thursday, February 9, 1995



         The Senate met in regular session at 9:02 a.m., President Boswell
    presiding.

         Prayer was offered by the Reverend Jeff Nelsen, pastor of the First
    Baptist Church, Harlan, Iowa.

         The Journal of Wednesday, February 8, 1995, was approved.



                              INTRODUCTION OF BILLS

         Senate File 120, by Tinsman, Borlaug, Bartz, Maddox, Freeman,
    Judge, and Szymoniak, a bill for  an act requiring that prison inmates
    obtain a general equivalency diploma prior to the granting of parole or
    work release, and providing exceptions.

         Read first time and passed on file.

         Senate File 121, by Tinsman, Rittmer, Lind, Rife, Neuhauser,
    Deluhery, and Giannetto, a bill for  an act relating to the taxation of
    pensions, annuities, and retirement allowances received for the purposes
    of state individual income tax and providing a retroactive applicability
    date.

         Read first time and passed on file.

         Senate File 122, by McKean, a bill for  an act relating to the date
    of the primary election.

         Read first time and passed on file.

         Senate File 123, by Boswell, a bill for  an act relating to the
    establishment of area long-term care residents advocates in each of the
    area agencies on aging, providing for an appropriation, and providing an
    effective date.
         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 50 present, 0 absent and a quorum present.



                                  SPECIAL GUEST

         Senator Horn introduced Lisa Switzer, one of the American Heart
    Associations 1995 Heart Ambassadors from Cedar Rapids, Iowa.

         Lisa is an active volunteer for the American Heart Association and
    is a member of one of the AHAs Jump Rope for Heart Demonstration Teams
    which travel to schools all over eastern Iowa.

         Lisas medical record adds up to more than four open heart surgeries
    and three pacemakers.



                      HOUSE MESSAGE RECEIVED AND CONSIDERED

         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 8, 1995, adopted the following resolution in which
    the concurrence of the Senate is asked:

         House Concurrent Resolution 17, 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.

         This resolution was read first time and passed on file.



                               UNFINISHED BUSINESS

                           (Deferred February 8, 1995)

    Senate File 93

         The Senate resumed consideration of 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, deferred February 8, 1995.

         Senator Halvorson offered amendment S-3045 filed by him on February
    8, 1995, to page 1 of the bill and moved its adoption.

         Amendment S-3045 was adopted by a voice vote.

         Senator Bisignano offered amendment S-3042 filed by him on February
    8, 1995, to page 2 of the bill and moved its adoption.

         Amendment S-3042 was adopted by a voice vote.

         Senator Giannetto offered amendment S-3043 filed by him on February
    8, 1995, to pages 4-7, 9-11 and the title page of the bill.

         Senator Banks offered amendment S-3046 filed by him on February 8,
    1995, to amendment S-3043 and moved its adoption.

         Amendment S-3046 was adopted by a voice vote.

         Senator Giannetto offered amendment S-3050 filed by Senators
    Giannetto and Halvorson from the floor to amendment S-3043 and moved its
    adoption.

         Amendment S-3050 was adopted by a voice vote.

         Senator Bisignano called for a division of amendment S-3043 as
    amended:

         Page 1, lines 2-50; and page 2, lines 1-19 and 29-41 as division
    S-3043A:  page 2, lines 20-28 as division S-3043B.

         Senator Giannetto moved the adoption of division S-3043A as
    amended, which motion prevailed by a voice vote.

         Senator Giannetto moved the adoption of division S-3043B as
    amended, which motion prevailed by a voice vote.

         Senator Bisignano offered amendment S-3044 filed by him on February
    8, 1995, to page 10 of the bill.

         Senator Neuhauser raised the point of order that amendment S-3044
    was not germane to the bill.
         The Chair ruled the point well taken and amendment S-3044 out of
    order.

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



                           HOUSE AMENDMENT CONSIDERED

    Senate File 37

         Senator Priebe called up for consideration 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, amended by the House, and
    moved that the Senate concur in House amendment S-3036 filed February 8,
    1995.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment.

         Senator Priebe moved that the bill as amended by the House and
    concurred in by the Senate, 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. 37) 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 as amended was agreed to.



                              CONSIDERATION OF BILL

                               (Regular Calendar)

    Senate File 14

         On motion of Senator Gronstal, 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, with report of
    committee recommending passage, was taken up for consideration.

         Senator Gronstal 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. 14) 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.
                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

         Senator Horn asked and received unanimous consent to take  up for
    consideration Senate Concurrent Resolution 12.

    Senate Concurrent Resolution 12

         On motion of Senator Kibbie, 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, with report of committee recommending passage,
    was taken up for consideration.

         Senator Kibbie asked and received unanimous consent that House
    Concurrent Resolution 17 be substituted for Senate Concurrent Resolution
    12.

    House Concurrent Resolution 17

         On motion of Senator Kibbie, House Concurrent Resolution 17, 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, was taken up for consideration.

         Senator Kibbie moved the adoption of House Concurrent Resolution
    17, which motion prevailed by a voice vote.



                             CONSIDERATION OF BILLS

                               (Regular Calendar)

    Senate File 88

         On motion of Senator McKean, Senate File 88, 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, was taken
    up for consideration.

         Senator McKean offered amendment S-3031 filed by the committee on
    Judiciary on February 2, 1995, to pages 6 and 7 of the bill and moved
    its adoption.
         Amendment S-3031 was adopted by a voice vote.

         Senator McKean 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. 88) the vote was:

    Ayes, 49:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       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.

    Absent or not voting, 1:

         Hansen

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    Senate File 87

         On motion of Senator Bartz, Senate File 87, a bill for an act
    relating to nonsubstantive Code corrections, and providing effective and
    applicability date provisions, was taken up for consideration.

         Senator Bartz offered amendment S-3030 filed by the committee on
    Judiciary on February 2, 1995, to pages 3, 4 and 12 of the bill and
    moved its adoption.

         Amendment S-3030 was adopted by a voice vote.
         Senator Bartz 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. 87) 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.



                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

    Senate Resolution 4

         On motion of Senator Hedge, Senate Resolution 4, a senate
    resolution to provide the senate rules governing lobbyists, was taken up
    for consideration.

         Senator Hedge offered amendment S-3034 filed by Senators Hedge, et
    al., on February 7, 1995, to page 3 of the resolution and moved its
    adoption.

         Amendment S-3034 was adopted by a voice vote.

         Senator Hedge moved the adoption of Senate Resolution 4 as amended,
    which motion prevailed by a voice vote.
                                BUSINESS PENDING

    Senate File 93

         The Senate resumed consideration of 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, previously deferred.

         Senator Neuhauser offered amendment S-3052 filed by Senators
    Neuhauser, Bisignano and Giannetto from the floor to page 10 of the bill
    and moved its adoption.

         Amendment S-3052 was adopted by a voice vote.

         Senator Boettger offered amendment S-3049 filed by Senators
    Boettger, et al., from the floor to pages 2, 7 and 10 of the bill.

         Senator Lind offered amendment S-3051 filed by him from the floor
    to amendment S-3049.

         Senator Giannetto raised the point of order that amendment S-3051
    to amendment S-3049 was not germane.

         The Chair ruled the point well taken and amendment S-3051 out of
    order.

         Senator Boettger moved the adoption of amendment S-3049, which
    motion prevailed by a voice vote.

         Senator Bisignano 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. 93) the vote was:

    Ayes, 49:


         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      Tinsman       Vilsack
         Zieman

    Nays, 1:

         Szymoniak

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.



                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

    Senate Resolution 5

         On motion of Senator Husak, Senate Resolution 5, a senate
    resolution to provide for the Senate Code of Ethics, was taken up for
    consideration.

         Senator Halvorson offered amendment S-3040 filed by him on February
    8, 1995, to page 5 of the resolution.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Lundby for the remainder of the day on request of Senator
    Rife.



                                BUSINESS PENDING

    Senate Resolution 5

         The Senate resumed consideration of Senate Resolution 5 and
    amendment S-3040.

         Senator Halvorson moved the adoption of amendment S-3040.

         A record roll call was requested.
         On the question Shall amendment S-3040 be adopted? (S.R. 5) the
    vote was:

         Rule 23, requiring all Senators present to vote except those who
    express a conflict of interest, was invoked.

    Ayes, 3:


         Flynn         Halvorson     Hammond

    Nays, 46:

         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Fraise
         Freeman       Gettings      Giannetto     Gronstal
         Hansen        Hedge         Horn          Husak
         Iverson       Jensen        Judge         Kibbie
         Kramer        Lind          Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Absent or not voting, 1:

         Lundby

         Amendment S-3040 lost.



                     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 9, 1995, insisted on its amendment to 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, and that the members of the Conference Committee on part of
    the House are: The Representative from Scott, Mr. Grubbs, Chair; the
    Representative from Winneshiek, Mr. Gipp; the Representative from
    Crawford, Mr. Gries; the Representative from Clinton, Mr. Ollie; the
    Representative from Lee, Mr. Wise.
                       APPOINTMENT OF CONFERENCE COMMITTEE

         The Chair announced the following conference committee on Senate
    File 17 on the part of the Senate: Senators Connolly, Chair; Kibbie,
    Murphy, Lind and Kramer.



                                BUSINESS PENDING

    Senate Resolution 5

         The Senate resumed consideration of Senate Resolution 5.

         Senator Halvorson withdrew amendment S-3041 filed by him on
    February 8, 1995, to page 6 of the resolution.

         Senator Husak offered amendment S-3033 filed by Senators Husak, et
    al., on February 7, 1995, to pages 10, 12 and 13 of the resolution and
    moved its adoption.

         Amendment S-3033 was adopted by a voice vote.

         Senator Husak moved the adoption of Senate Resolution 5 as amended,
    which motion prevailed by a voice vote and the resolution as amended was
    adopted.



                           INTRODUCTION OF RESOLUTIONS

         Senate Concurrent Resolution 14, by committee on Rules and
    Administration, a senate concurrent resolution relating to a Biennial
    Memorial Session.

         Read first time and placed on calendar.

         Senate Concurrent Resolution 15, by committee on Communications and
    Information Policy, a concurrent resolution requesting that the Congress
    of the United States direct the Health Care Financing Administration to
    establish a national policy no later than July 1, 1995, for Medicare
    reimbursement of telemedicine services.

         Read first time and placed on calendar.
                              INTRODUCTION OF BILLS

         Senate Joint Resolution 10, by Bartz, Lind, Szymoniak, Priebe, and
    Kibbie, a joint resolution supporting the use of marijuana for medical
    purposes in the state of Iowa.

         Read first time and passed on file.

         Senate File 124, by committee on Judiciary, a bill for  an act
    relating to access to certain adoption records by the subject of the
    record.

         Read first time and placed on calendar.

         Senate File 125, by Giannetto, a bill for  an act relating to
    no-contact orders in domestic abuse cases, extending an existing penalty
    to certain persons and providing a conditional effective date.

         Read first time and passed on file.

         Senate File 126, by Priebe, Kibbie, Hedge, Palmer, Rittmer, and
    Borlaug, a bill for  an act relating to state participation in the
    funding of mental health, mental retardation, and developmental
    disabilities services and providing property tax relief.

         Read first time and passed on file.

         Senate File 127, by Jensen and Palmer, a bill for  an act relating
    to the preservation of and restoration work on the physical facilities
    of the capitol complex.

         Read first time and passed on file.

         Senate File 128, by Hansen, a bill for  an act to shorten the time
    frame preceding an election during which political yard signs may be
    placed on property adjoining city, county, or state roadways.

         Read first time and passed on file.

         Senate File 129, by Lind and McKean, a bill for  an act relating to
    requiring the county name on motor vehicle registration plates and
    providing an applicability date.
         Read first time and passed on file.

         Senate File 130, by Vilsack, a bill for an act relating to limiting
    the manner in which an order appointing a guardian or conservator is
    subject to attack by third parties.

         Read first time and passed on file.



                           BILL REFERRED TO COMMITTEE

         Senator Horn asked and received unanimous consent that Senate File
    107 be referred from the Regular Calendar to the committee on
    Appropriations.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that Senate Files
    14, 37, 87, 88 and 93 and House Concurrent Resolution 17  be immediately
    messaged to the House.



                                     RECESS

         On motion of Senator Horn, the Senate recessed at 12:50 p.m., until
    2:30 p.m.
                                    APPENDIX



                          REPORTS OF COMMITTEE MEETINGS

    APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION

    Convened: February 8, 1995, 10:25 a.m.

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

    Members Absent: Lundby (excused).

    Committee Business: Budget presentation by the office of the governor;
    discussed legislative intent language.

    Adjourned: 11:15 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE/NATURAL RESOURCES

    Convened: February 8, 1995, 10:19 a.m.

    Members Present: Priebe, Vice Chair; Banks, Ranking Member; Bennett and
    Gettings.

    Members Absent: Black (excused).

    Committee Business: Presentation on the Five Island Lake by the lake
    board; presentation by the administrator of the DNR on the fish and
    wildlife division.

    Adjourned: 11:16 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

    Convened: February 8, 1995, 10:20 a.m.

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

    Members Absent: none.

    Committee Business: Presentations by partner state program, peace
    institute, international development foundation and the Iowa finance
    authority.

    Adjourned: 12:15 p.m.
    APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

    Convened: February 8, 1995, 10:21 a.m.

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

    Members Absent: none.

    Committee Business: Presentation by the department of management.

    Adjourned: 11:50 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

    Convened: February 8, 1995, 10:24 a.m.

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

    Members Absent: none.

    Committee Business: Budget presentations by the executive director of
    the commission of veterans affairs and the commandant of the Iowa
    veterans home.

    Adjourned: 11:46 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

    Convened: February 8, 1995, 10:25 a.m.

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

    Members Absent: none.

    Committee Business: Presentations regarding adolescent pregnancy
    prevention and foster and adoptive parents association.

    Adjourned: 12:20 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

    Convened: February 8, 1995, 10:25 a.m.
    Members Present: Fraise, Chair; Dvorsky, Vice Chair; Iverson, Ranking
    Member; Husak and Redfern.

    Members Absent: none.

    Committee Business: Presentations for alternative prison sites by Sioux
    City, Eldora, Newton, Fort Madison and Anamosa.

    Adjourned: 12:14 p.m.



    APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM

    Convened: February 8, 1995, 10:42 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 transportation.

    Adjourned: 11:30 a.m.



    APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND
    CAPITALS

    Convened: February 8, 1995, 10:25 a.m.

    Members Present: Halvorson, Chair; Palmer, Vice Chair and Douglas,
    Ranking Member.

    Members Absent: Jensen and Murphy (both excused).

    Committee Business: Presentation by county treasurers on the county
    drivers license pilot project; presentation by the DOT and Des Moines
    and Davenport police officers on MARS computer interface and the
    digitalized/bar-coded drivers license.

    Adjourned: 12:25 p.m.



    BUSINESS AND LABOR

    Convened: February 8, 1995, 2:37 p.m.

    Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking
    Member; Banks, Connolly, Dvorsky, Giannetto, Hammond, Iverson and
    Maddox.
    Members Absent: none.

    Committee Business: Recommended passage of Senate Concurrent Resolution
    8; presentation by the industrial commissioner.

    Adjourned: 3:17 p.m.



    COMMUNICATIONS AND INFORMATION POLICY

    Convened: February 8, 1995, 4:08 p.m.

    Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking
    Member; Flynn, Hansen, Jensen and Redfern.

    Members Absent: none.

    Committee Business: Speakers from Drake university, Kirkwood community
    college and Charles City high school; approved SSB 86 as a committee
    bill.

    Adjourned: 5:28 p.m.



    JUDICIARY

    Convened: February 8, 1995, 1:35 p.m.

    Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
    Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
    Hansen, Maddox, Neuhauser, Redfern and Szymoniak.

    Members Absent: none.

    Committee Business: Approved SSBs 36 and 78 as committee bills; deferred
    action on Senate File 86.

    Adjourned: 2:04 p.m.



    LOCAL GOVERNMENT

    Convened: February 8, 1995, 2:35 p.m.

    Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
    Member; Fraise, Halvorson, McKean, Rittmer and Zieman.

    Members Absent: Black and Judge (both excused).-

    Committee Business: Assigned bills to subcommittees.
    Adjourned: 2:36 p.m.



    NATURAL RESOURCES, ENVIRONMENT AND ENERGY

    Convened: February 8, 1995, 1:42 p.m.

    Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
    Banks, Borlaug, Dearden, Freeman, Hedge, Kibbie, Priebe, Rensink and
    Sorensen.

    Members Absent: Deluhery, Gronstal (excused) and Judge (excused).

    Committee Business: Assigned bills to subcommittees.

    Adjourned: 2:31 p.m.



    RULES AND ADMINISTRATION

    Convened: February 8, 1995, 4:10 p.m.

    Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member;
    Bisignano, Gettings, Gronstal, Husak, Kramer and Lind.

    Members Absent: none.

    Committee Business: Approved proposed committee resolution providing for
    a biennial memorial session; referred governors appointees to standing
    committees; approved senate chamber access requests for political party
    and representatives of the governors staff.

    Adjourned: 4:55 p.m.



    SMALL BUSINESS, ECONOMIC DEVELOPEMENT, AND TOURISM

    Convened: February 8, 1995, 3:27 p.m.

    Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
    Member; Bennett, Boettger, Borlaug, Flynn, Kibbie, Maddox, Palmer,
    Sorensen, Szymoniak and Vilsack.

    Members Absent: Giannetto and McKean.

    Committee Business: Recommended passage of Senate Concurrent Resolution
    12; presentation on linked investments by the state treasurers office.

    Adjourned: 3:47 p.m.
    TRANSPORTATION

    Convened: February 8, 1995, 3:22 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: Assigned bills to subcommittees; presentation by the
    Cass county treasurer.

    Adjourned: 4:10 p.m.



                                COMMITTEE REPORTS

    COMMUNICATIONS AND INFORMATION POLICY

    Final Bill Action: SENATE CONCURRENT RESOLUTION 15 (SSB 86), a
    concurrent resolution requesting that the Congress of the United States
    direct the Health Care Financing Administration to establish a national
    policy no later than July 1, 1995, for Medicare reimbursement of
    telemedicine services.

    Recommendation: APPROVED COMMITTEE RESOLUTION.

    Final Vote: Ayes, 6: Dvorsky, Deluhery, Flynn, Hansen, Jensen and
    Redfern.  Nays, none. Absent or not voting, 1: McLaren.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    JUDICIARY

    Final Bill Action: SENATE FILE 124 (SSB 78), a bill for an act relating
    to access to certain adoption records by the subject of the record.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano,
    Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser,
    Redfern and Szymoniak. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    RULES AND ADMINISTRATION

    Final Bill Action: SENATE CONCURRENT RESOLUTION 14, a senate concurrent
    resolution relating to a Biennial Memorial Session.
    Recommendation: APPROVED COMMITTEE RESOLUTION.

    Final Vote: Ayes, 8: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal,
    Husak and Lind. Nays, none. Absent or not voting, 1: Kramer.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                            PRESENTATION OF VISITORS

         The Chair welcomed the Honorable Lee W. Holt, former member of the
    House and Senate from Clay County, Spencer, who was present in the
    Senate chamber.

         The Chair welcomed the following visitors who were present in the
    Senate gallery:

         Members of the senior high school government class from East
    Marshall senior high school, State Center, Iowa. Senator Giannetto.



                                AMENDMENTS FILED


         S-3049        S.F.          93            Nancy Boettger
                                                   Andy McKean
                                                   Tony Bisignano
                                                   Maggie Tinsman
         S-3050        S.F.          93            Randal J. Giannetto
                                                   Rod Halvorson
         S-3051        S.F.          93            Jim Lind
         S-3052        S.F.          93            Mary Neuhauser
                                                   Tony Bisignano
                                                   Randal J. Giannetto
                                AFTERNOON SESSION

         The Senate reconvened at 2:40 p.m., President Boswell presiding.



                           INTRODUCTION OF RESOLUTION

         Senate Resolution 6, by Giannetto, a senate resolution relating to
    the provision of laptop computers for each senators desk.

         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 BILLS

                               (Regular Calendar)

    Senate File 82

         On motion of Senator Hammond, Senate File 82, a bill for an act
    relating to medical assistance provisions including those relating to
    presumptive eligibility for pregnant women and the estates and trusts of
    recipients of medical assistance,  was taken up for consideration.

         Senator Hammond withdrew amendment S-3032, filed by her on February
    7, 1995, to page 1 of the bill.

         Senator Hammond offered amendment S-3038 filed by her on February
    8, 1995, to page 1 and the title page  of the bill and moved its
    adoption.

         Amendment S-3038 was adopted by a voice vote.

         Senator Hammond 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. 82) the vote was:
    Ayes, 48:


         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
         Judge         Kibbie        Kramer        Lind
         Maddox        McKean        McLaren       Murphy
         Neuhauser     Palmer        Priebe        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 2:

         Jensen        Lundby

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.

         Senator Horn asked and received unanimous consent to take up for
    consideration Senate File 114.

    Senate File 114

         On motion of Senator Boettger, Senate File 114, a bill for an act
    relating to anabolic steroids and the Iowa uniform controlled substances
    act, was taken up for consideration.

         Senator Bartz offered amendment S-3054 filed by Senators Bartz,
    Lind and Redfern from the floor to page 1 of the bill and moved its
    adoption.

         A non record roll call was requested.

         The ayes were 8, nays 18, voting present 18.

         Amendment S-3054 lost.

         Senator Boettger 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. 114) the vote was:

    Ayes, 46:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Flynn         Fraise
         Freeman       Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Hedge
         Horn          Husak         Iverson       Jensen
         Judge         Kramer        Lind          Maddox
         McKean        McLaren       Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

    Absent or not voting, 4:

         Connolly      Kibbie        Lundby        Murphy

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration Senate Concurrent Resolution 14.

    Senate Concurrent Resolution 14

         On motion of Senator Husak, Senate Concurrent Resolution 14, a
    senate concurrent resolution relating to a Biennial Memorial Session,
    was taken up for consideration.

         Senator Husak moved the adoption of Senate Concurrent Resolution
    14, which motion prevailed by a voice vote.

         The Senate stood at ease at 3:55 p.m. until the fall of the gavel
    for the purpose of party caucuses.

         The Senate resumed session at 6:30 p.m., President pro tempore
    Bisignano presiding.
                                    APPENDIX



                           REPORT OF COMMITTEE MEETING

    WAYS AND MEANS

    Convened: February 7, 1995, 4:05 p.m.

    Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
    Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
    Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.

    Members Absent: none.

    Committee Business: Assigned bills to subcommittees; presentation by the
    Iowa superintendent of banking.

    Adjourned: 4:45 p.m.



                              STUDY BILLS RECEIVED

    SSB 110
         Judiciary

         Relating to the civil rights commission concerning the enforcement
    of civil rights laws, and the promotion and transfer of employed
    disabled persons.

    SSB 111
         Judiciary

         Relating to the enforcement of civil rights laws by the civil
    rights commission by changing the definition of a public accommodation
    and by granting the commission subpoena power.

    SSB 112
         Judiciary

         Relating to habitual offenders of the motor vehicle laws, by
    providing for an administrative adjudication of the habitual offender
    status.

    SSB 113
         Judiciary

         Relating to underage consumption of alcoholic beverages on private
    property.
    SSB 114
         Judiciary

         Relating to the establishment of surrogacy procedures and providing
    for the Acts applicability.

    SSB 115
         Judiciary

         Providing for the modification of no-contact orders in domestic
    abuse cases in certain circumstances.

    SSB 116
         Judiciary

         Prohibiting a person who is represented by counsel in a pending
    dissolution of marriage proceeding from proceeding pro se in a domestic
    abuse action.

    SSB 117
         Agriculture

         Providing for a livestock health initiative and providing an
    appropriation.

    SSB 118
         Transportation

         Relating to the suspension and revocation of drivers licenses and
    providing penalties for violations of out-of-service orders.



                           CERTIFICATES OF RECOGNITION

         The secretary of the senate issued certificates of recognition as
    follows:

         Kelifola Dabo, Jalall Reed, Johari Reed and Edward Rhodes, Des
    Moines - For Boy Scout Month. Senator Szymoniak (2-13-95).



                            SUBCOMMITTEE ASSIGNMENTS

                         Senate Concurrent Resolution 13

    HUMAN RESOURCES: Hammond, Chair; Boettger and Neuhauser

                                 Senate File 98

    RULES AND ADMINISTRATION: Bisignano, Chair; Horn and Kramer

                                 Senate File 108

    JUDICIARY: McKean, Chair; Fraise, Giannetto, Redfern and Vilsack
                                 Senate File 109

    JUDICIARY: Halvorson, Chair; Boettger, Giannetto, McKean and Vilsack

                                 Senate File 111

    SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Vilsack, Chair;
    Flynn, Maddox, McKean and Palmer

                                 Senate File 113

    SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Hansen, Chair;
    Boettger, Borlaug, Flynn and Vilsack

                                 Senate File 115

    HUMAN RESOURCES: Kramer, Chair; Dvorsky and Hammond

                                  House File 15

    JUDICIARY: Hansen, Chair; Bartz, Drake, Giannetto and Vilsack

                                  House File 29

    JUDICIARY: Bartz, Chair; Bisignano, Drake, Giannetto and Vilsack

                                  House File 41

    HUMAN RESOURCES: Bartz, Chair; Dvorsky and Hansen

                                  House File 94

    JUDICIARY: Hammond, Chair; Giannetto, McKean, Redfern and Vilsack

                                     SSB 108

    HUMAN RESOURCES: Dvorsky, Chair; Boettger and Neuhauser

                                     SSB 109

    TRANSPORTATION: Fraise, Chair; Fink and Lind

                                     SSB 110

    JUDICIARY: Giannetto, Chair; Bartz, Fraise, Maddox and Vilsack

                                     SSB 111

    JUDICIARY: Giannetto, Chair; Bartz, Fraise, Maddox and Vilsack
                                     SSB 112

    JUDICIARY: McKean, Chair; Giannetto, Hansen, Redfern and Vilsack

                                     SSB 113

    JUDICIARY: Maddox, Chair; Fraise, Giannetto, McKean and Vilsack

                                     SSB 114

    JUDICIARY: Hammond, Chair; Boettger, Giannetto, Redfern and Szymoniak

                                     SSB 115

    JUDICIARY: Redfern, Chair; Giannetto, Hammond, Hansen and Maddox

                                     SSB 116

    JUDICIARY: Neuhauser, Chair; Giannetto, Maddox, Redfern and Vilsack

                                     SSB 118

    TRANSPORTATION: Drake, Chair; Connolly and Fink



                                COMMITTEE REPORT

    JUDICIARY

    Final Bill Action: SENATE FILE 132 (SSB 36), a bill for an act relating
    to compensation for victims of crimes, by providing for compensation to
    secondary victims of crimes and increasing the maximum amount that may
    be recovered for loss of work income due to injuries received by
    victims.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano,
    Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser,
    Redfern and Szymoniak. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee:


         S.R.          6             Rules and Administration
         S.J.R.        10            Human Resources
         S.F.          120           Judiciary
         S.F.          121           Ways and Means
         S.F.          122           State Government
         S.F.          123           Human Resources
         S.F.          125           Judiciary
         S.F.          126           Appropriations
         S.F.          127           Rules and Administration
         S.F.          128           State Government
         S.F.          129           Transportation
         S.F.          130           Judiciary



                              INTRODUCTION OF BILLS

         Senate Joint Resolution 11, by Halvorson, a joint resolution
    proposing an amendment to the Constitution of the State of Iowa changing
    the legislative branch of state government to a unicameral system.

         Read first time and passed on file.

         Senate File 131, by Rensink, Borlaug, and Banks, a bill for  an act
    relating to obscenity exemptions for educational institutions, public
    libraries, and places that display art works.

         Read first time and passed on file.

         Senate File 132, by committee on Judiciary, a bill for  an act
    relating to compensation for victims of crimes, by providing for
    compensation to secondary victims of crimes and increasing the maximum
    amount that may be recovered for loss of work income due to injuries
    received by victims.

         Read first time and placed on calendar.

         Senate File 133, by Tinsman, Bartz, Maddox, Kramer, Giannetto, and
    Bisignano, a bill for  an act to prohibit the release of persons
    convicted of a forcible felony on parole or work release.

         Read first time and passed on file.

         The Senate stood at ease at 6:35 p.m. until the fall of the gavel.
         The Senate resumed session at 11:00 p.m., President Boswell
    presiding.



                                   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.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that Senate Files
    82 and 114 and Senate Concurrent Resolution 14 be immediately messaged
    to the House.

         The Senate stood at ease at 11:07 p.m. until the fall of the gavel
    for the purpose of party caucuses.

         The Senate resumed session at 12:01 a.m., President Boswell
    presiding.



                             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 9, 1995, amended and passed the following bill in
    which the concurrence of the Senate is asked:

         Senate File 13, a bill for an act relating to the establishment of
    a decision-making process for prospective minor parents, providing
    penalties, and providing effective dates (S-3055).
                                    APPENDIX



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee on February 9, 1995:


         S.J.R.        11            State Government
         S.F.          131           Education
         S.F.          133           Judiciary



                                AMENDMENTS FILED


         S-3053        S.F.          118           Steven D. Hansen
         S-3054        S.F.          114           Merlin E. Bartz
                                                   Jim Lind
                                                   Donald D. Redfern
         S-3055        S.F.          13            House amendment



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 12:03 a.m.,
    until 9:00 a.m. , Friday, February 10, 1995.

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