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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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