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Senate Journal: Tuesday, February 14, 1995

                           THIRTY-SEVENTH CALENDAR DAY

                            TWENTY-THIRD SESSION DAY

                                 Senate Chamber

                  Des Moines, Iowa, Tuesday, February 14, 1995



         The Senate met in regular session at 9:07 a.m., President Boswell
    presiding.

         Prayer was offered by the Reverend Cathy Young, pastor of the First
    Presbyterian Church, Waterloo, Iowa.

         The Journal of Monday, February 13, 1995, was approved.



                                LEAVES OF ABSENCE

         Leaves of absence were granted as follows:

         Senators Flynn and Sorenson until they arrive on request of Senator
    Horn.



                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration Senate Concurrent Resolution 13.

    Senate Concurrent Resolution 13

         On motion of Senator Hammond, Senate Concurrent Resolution 13, a
    concurrent resolution recognizing the seventy-fifth anniversary of the
    founding of the League of Women Voters of Iowa, with report of committee
    recommending passage, was taken up for consideration.

         Senator Hammond moved the adoption of Senate Concurrent Resolution
    13, which motion prevailed by a voice vote.
                                     RECESS

         On motion of Senator Horn, the Senate recessed at 9:22 a.m., until
    3:30 p.m.





                                    APPENDIX



                   BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

         The Secretary of the Senate submitted the following report:

         MR. PRESIDENT: The Secretary of the Senate respectfully reports
    that the following bills have been enrolled, signed by the President of
    the Senate and the Speaker of the House, and presented to the Governor
    for his approval on this 14th day of February, 1995:

         Senate Files 37 and 45.

    JOHN F. DWYER Secretary of the Senate

                              PROOF OF PUBLICATION

         Verified proof of publication of Senate File 140 in accordance with
    Section 585.1 of the Code was filed with the secretary of the senate.



                           REPORT OF COMMITTEE MEETING

    HUMAN RESOURCES

    Convened: February 13, 1995, 2:04 p.m.

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

    Members Absent: Tinsman.

    Committee Business: Recommended passage of Senate Concurrent Resolution
    13.

    Adjourned: 2:09 p.m.
                         REPORTS OF STANDING COMMITTEES

                (Place nominees on En Bloc Confirmation Calendar)

                                 HUMAN RESOURCES

         Pursuant to Senate Rule 59, the committee on Human Resources
    assigned to investigate the following Governors appointment, completed
    its investigation on February 14, 1995, and recommended the appointee be
    confirmed:

         F. Walter Tomenga as a member of the Community Health Management
    Information System Governing Board.

                                    JUDICIARY

         Pursuant to Senate Rule 59, the committee on Judiciary assigned to
    investigate the following Governors appointment, completed its
    investigation on February 14, 1995, and recommended the appointee be
    confirmed:

         Elizabeth R. Walker as a member of the Board of Parole.



                              STUDY BILLS RECEIVED

    SSB 127
         Business & Labor

         Concerning workers compensation by providing for the computing of
    gross weekly earnings for volunteer ambulance drivers, emergency medical
    technician trainees, and seasonal workers, and relating to judicial
    review of workers compensation contested cases.

    SSB 128
         Judiciary

         Relating to the fines applicable to the taking and selling of
    minnows and other bait, by correcting references.

    SSB 129
         Judiciary

         Relating to juvenile justice including the conditions under which a
    juvenile may consume alcoholic beverages in a home, providing for the
    automatic waiver of juveniles to adult court in certain circumstances,
    regarding the notification of schools by law enforcement of the taking
    into custody of a juvenile, providing that the juvenile court may
    prohibit a juvenile from driving under certain circumstances, and
    regarding the detention of juveniles in adult facilities.
    SSB 130
         Judiciary

         Relating to termination of a lease due to a clear and present
    danger created by a tenant near the rental property and providing an
    effective date.

    SSB 131
         Judiciary

         To provide for the reciprocal rendition of prisoners as witnesses
    in criminal proceedings and providing an effective date.

    SSB 132
         Judiciary

         Relating to juvenile justice including notice requirements for
    certain hearings, the duties of the sheriff regarding transportation of
    juveniles, and authorizing associate juvenile judges to perform marriage
    ceremonies.

    SSB 133
         Judiciary

         Relating to the transfer of real estate by exempting certain
    transfers of real estate from the real estate transfer tax and providing
    that a lien for a purchase money mortgage has priority over other
    interests in the property.

    SSB 134
         Commerce

         Relating to the administration of trusts and estates by corporate
    fiduciaries.



                            SUBCOMMITTEE ASSIGNMENTS

                            Senate Joint Resolution 8

    EDUCATION: Szymoniak, Chair; Murphy and Rensink

                           Senate Joint Resolution 11

    STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer

                                 Senate File 81

    APPROPRIATIONS: Black, Chair; Banks and Husak

                                 Senate File 99

    APPROPRIATIONS: Flynn, Chair; Boswell and Rensink
                                 Senate File 102

    BUSINESS AND LABOR: Dearden, Chair; Gettings and Iverson

                                 Senate File 103

    STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer

                                 Senate File 106

    STATE GOVERNMENT: Sorensen, Chair; Bisignano and Lundby

                                 Senate File 110

    STATE GOVERNMENT: Bisignano, Chair; Fink and Lind

                                 Senate File 112

    STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer

                                 Senate File 119

    EDUCATION: Kibbie, Chair; Hammond and Tinsman

                                 Senate File 122

    STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer

                                 Senate File 128

    STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer

                                 Senate File 131

    EDUCATION: Hammond, Chair; Neuhauser and Rensink

                                 Senate File 134

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

                                 Senate File 135

    EDUCATION: Fink, Chair; Iverson and Szymoniak

                                     SSB 117

    AGRICULTURE: Palmer, Chair; Douglas and Sorensen
                                     SSB 121

    AGRICULTURE: Banks, Chair; Fraise and Palmer

                                     SSB 122

    EDUCATION: Kibbie, Chair; Connolly and Tinsman

                                     SSB 123

    STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen

                                     SSB 124

    STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen

                                     SSB 125

    STATE GOVERNMENT: Dearden, Chair; Bisignano and McLaren

                                     SSB 126

    STATE GOVERNMENT: Connolly, Chair; Fink and Lundby

                                     SSB 127

    BUSINESS AND LABOR: Hammond, Chair; Dvorsky and Maddox

                                     SSB 134

    COMMERCE: Deluhery, Chair; Hansen and Redfern

                                 House File 120

    EDUCATION: Connolly, Chair; Dvorsky and Redfern



                                COMMITTEE REPORTS

    AGRICULTURE

    Final Bill Action: SENATE FILE 146 (LSB 2021), a bill for an act
    relating to Iowa-foaled horses and Iowa-whelped dogs used for breeding
    and racing.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 11: Priebe, Judge, Bartz, Banks, Boswell, Douglas,
    Fraise, Hedge, Husak, McLaren and Zieman. Nays, none. Absent or not
    voting, 4: Black, Giannetto, Palmer and Sorensen.
    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 147 (SSB 121), a bill for an act
    providing for the issuance of single general permits by the department
    of natural resources and providing an effective date.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 8: Priebe, Bartz, Banks, Black, Douglas, Hedge, Husak
    and Zieman. Nays, none. Absent or not voting, 7: Judge, Boswell, Fraise,
    Giannetto, McLaren, Palmer and Sorensen.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                                 AMENDMENT FILED


         S-3057        S.F.          83            Stewart E. Iverson, Jr.
                                AFTERNOON SESSION

         The Senate reconvened at 3:31 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 14, 1995, passed the following bill in which the
    concurrence of the Senate is asked:

         House File 54, a bill for an act relating to the qualifications of
    an applicant for a license to sell real estate in this state.

         This bill was read first time and passed on file.

         ALSO: That the House has on February 13, 1995, passed the following
    bill in which the concurrence of the Senate is asked:

         House File 132, a bill for  an act making supplemental
    appropriations for the fiscal year beginning July 1, 1994, and providing
    an effective date.

         This bill was read first time and passed on file.

         ALSO: That the House has on February 9, 1995, passed the following
    bill in which the concurrence of the House was asked:

         Senate File 32, a bill for  an act relating to the inclusion of
    school nurses and area education agency professionals in the educational
    excellence program and providing effective and retroactive applicability
    dates.



                           INTRODUCTION OF RESOLUTION

         Senate Concurrent Resolution 16, by Rife, a concurrent resolution
    honoring Ms.  Sugar Macaulay upon her retirement as the Capitol Tour
    Guide Supervisor.

         Read first time and passed on file.
                              INTRODUCTION OF BILLS

         Senate Joint Resolution 12, by Jensen, Kramer, and Palmer, a joint
    resolution authorizing the temporary use and consumption of alcoholic
    beverages in the State Capitol in conjunction with a buffet dinner
    sponsored by the Des Moines Rotary Club and featuring the State Capitol
    restoration and providing an effective date.

         Read first time and passed on file.

         Senate File 140, by Horn, a bill for  an act to legalize the
    proceedings taken by the board of directors of the Cedar Rapids
    Community School District concerning the sale of certain school district
    property and providing an effective date.

         Read first time and passed on file.

         Senate File 141, by Giannetto, a bill for  an act relating to
    notice for vacating and closing roads.

         Read first time and passed on file.

         Senate File 142, by Fink, a bill for  an act establishing felonious
    child endangerment as a nonbailable offense.

         Read first time and passed on file.

         Senate File 143, by Lind, a bill for  an act relating to certain
    domesticated fowl for purposes of the state sales tax.

         Read first time and passed on file.

         Senate File 144, by Rensink, a bill for  an act exempting from the
    state sales tax certain devices, parts, or attachments which fit upon
    farm machinery or equipment used to process or store feed for livestock.

         Read first time and passed on file.

         Senate File 145, by Hammond, a bill for  an act relating to
    firearms access and use by minors and the penalty for minors having
    access to ammunition and firearms stored.

         Read first time and passed on file.
         Senate File 146, by committee on Agriculture, a bill for  an act
    relating to Iowa-foaled horses and Iowa-whelped dogs used for breeding
    and racing.

         Read first time and placed on calendar.

         Senate File 147, by committee on Agriculture, a bill for  an act
    providing for the issuance of single general permits by the department
    of natural resources and providing an effective date.

         Read first time and placed on calendar.

         Senate File 148, by Maddox, a bill for  an act providing for
    registration of hypnotherapists, imposing a fee, and making penalties
    applicable.

         Read first time and passed on file.

         Senate File 149, by committee on Human Resources, a bill for an act
    relating to child support recovery.

         Read first time and passed on file.
                                    APPENDIX



                           BILLS ASSIGNED TO COMMITTEE

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


         S.F.          139           Appropriations
         S.F.          140           Education
         S.F.          141           Transportation
         S.F.          143           Ways and Means
         S.F.          144           Ways and Means
         S.F.          145           Judiciary
         S.F.          148           State Government
         S.J.R.        12            Rules and Administration
         S.C.R.        16            Rules and Administration
         H.F.          132           Appropriations



                                COMMITTEE REPORTS

    HUMAN RESOURCES

    Final Bill Action: SENATE FILE 149 (SSB 96), a bill for an act relating
    to child support recovery.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 6: Szymoniak, Hammond, Dvorksy, Hansen, Neuhauser and
    Vilsack.  Nays, none. Absent or not voting, 4: Boettger, Bartz, Kramer
    and Tinsman.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 150 (SSB 99), a bill for an act relating
    to child abuse involving termination of parental rights in certain abuse
    or neglect cases and access by other states to child abuse information.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 6: Szymoniak, Hammond, Dvorksy, Hansen, Neuhauser and
    Vilsack.  Nays, none. Absent or not voting, 4: Boettger, Bartz, Kramer
    and Tinsman.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
    LOCAL GOVERNMENT

    Final Bill Action: SENATE FILE 77, a bill for an act relating to the
    disposition of property located on real property condemned under eminent
    domain.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3059.

    Final Vote: Ayes, 7: Fink, Maddox, Black, Halvorson, McKean, Rittmer and
    Zieman.  Nays, none. Absent or not voting, 3: Sorensen, Fraise and
    Judge.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                              INTRODUCTION OF BILLS

         Senate File 150, by committee on Human Resources, a bill for an act
    relating to child abuse involving termination of parental rights in
    certain abuse or neglect cases and access by other states to child abuse
    information.

         Read first time under rule 28 and placed on calendar.

         Senate File 151, by McKean, a bill for an act requring the
    department of human services to obtain a national criminal records check
    of personnel of registered or licensed child day care providers.

         Read first time under rule 28 and passed on file.



                                 COMPANION BILL

         On February 14, 1995, House File 54 was received and attached to
    companion Senate File 53 on the Senate calendar.



                                AMENDMENTS FILED


         S-3058        S.F.          75            John P. Kibbie
         S-3059        S.F.          77            Local Government



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 3:37 p.m., until
    9:00 a.m., Wednesday, February 15, 1995.

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