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THIRTY-NINTH CALENDAR DAY
TWENTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, February 16, 1995
The Senate met in regular session at 9:03 a.m., President Boswell
presiding.
Prayer was offered by the Reverend James Clark, pastor of the St.
Andrews Presbyterian Church, Davenport, Iowa.
The Journal of Wednesday, February 15, 1995, was approved.
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 15, 1995, passed the following bill in which the
concurrence of the Senate is asked:
House File 126, a bill for an act relating to certain franchise
agreements by amending provisions relating to transfer, termination, and
nonrenewal of franchise agreements, and to a civil cause of action for
appropriate relief, and repealing certain franchise provisions.
This bill was read first time and passed on file.
ALSO: That the House has on February 14, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 128, a bill for an act relating to administrative
procedures of rural water districts.
This bill was 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 46 present, 4 absent and a quorum present.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Hansen for the day on request of Senator Horn.
INTRODUCTION OF BILLS
Senate File 161, by Borlaug, a bill for an act expanding the
purposes for which the district management levy may be expended.
Read first time and passed on file.
Senate File 162, by Gronstal, a bill for an act eliminating the
minimum amount which must be borrowed under a home equity line of
credit.
Read first time and passed on file.
RECESS
On motion of Senator Horn, the Senate recessed at 9:53 a.m., until
1:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM
Convened: February 14, 1995, 10:20 a.m.
Members Present: Neuhauser, Chair; McLaren, Ranking Member and Maddox.
Members Absent: Gronstal, Vice Chair and Boswell (both excused).
Committee Business: Presentation by the department of personnel on state
employee health insurance.
Adjourned: 11:20 a.m.
APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM
Convened: February 15, 1995, 10:23 a.m.
Members Present: Neuhauser, Chair and Maddox.
Members Absent: Gronstal, Vice Chair; McLaren, Ranking Member and
Boswell (all excused).
Committee Business: Presentation by the department of general services
on leasing for state offices.
Adjourned: 11:35 a.m.
BUSINESS AND LABOR
Convened: February 15, 1995, 11:22 a.m.
Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking
Member; Connolly, Dvorsky, Giannetto and Hammond.
Members Absent: Banks, Iverson and Maddox (all excused).
Committee Business: Approved SSBs 65 and 90 as committee bills; placed
governors appointee on individual confirmation calendar without
recommendation; placed governors appointee on en bloc confirmation
calendar with recommendation.
Adjourned: 11:31 a.m.
COMMUNICATIONS AND INFORMATION POLICY
Convened: February 15, 1995, 2:45 p.m.
Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking
Member; Flynn, Jensen and Redfern.
Members Absent: Hansen (excused).
Committee Business: Assigned governors appointees to subcommittees;
presentations by: Iowa Cable Television, Cox Cable, Cedar Rapids, and
Iowa national guard.
Adjourned: 3:48 p.m.
JUDICIARY
Convened: February 15, 1995, 1:35 p.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
Maddox, Redfern and Szymoniak.
Members Absent: Hansen and Neuhauser (both excused).
Committee Business: Recommended passage of Senate Files 108 and 130;
approved SSB 139 as a committee bill; deferred action on House File 29.
Adjourned: 2:33 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: February 15, 1995, 1:33 p.m.
Members Present: Fink, Chair; Lundby, Ranking Member; Banks, Borlaug,
Dearden, Deluhery, Freeman, Gronstal, Hedge, Kibbie, Priebe, Rensink and
Sorensen.
Members Absent: Black, Vice Chair and Judge (both excused).
Committee Business: Approved SSB 64 as a committee bill.
Adjourned: 2:30 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Convened: February 15, 1995, 10:33 a.m.
Members Present: Hansen, Chair; Judge, Vice Chair; Boettger, Flynn,
Giannetto, Kibbie, Palmer, Sorensen, Szymoniak and Vilsack.
Members Absent: Zieman, Ranking Member; Bennett, Borlaug, Maddox and
McKean (all excused).
Committee Business: Approved Senate Files 113 and 111 as committee
bills; placed governors appointee on en bloc confirmation calendar.
Adjourned: 11:09 a.m.
TRANSPORTATION
Convened: February 15, 1995, 10:30 a.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Connolly, Dearden, Fink, Halvorson, Jensen and Lind.
Members Absent: Black, Douglas and Rittmer (all excused).
Committee Business: Assigned bills to subcommittees; approved SSB 83 as
a committee bill.
Adjourned: 10:50 a.m.
BILL 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 bill has 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 16th day of February, 1995:
Senate File 32.
JOHN F. DWYER Secretary of the Senate
EXPLANATION OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
February 15, 1995, when the votes were taken on Senate Files 117 and
132.
Had I been present, I would have voted aye on the bills.
PATTY JUDGE
SUBCOMMITTEE ASSIGNMENTS
Senate Concurrent Resolution 16
RULES AND ADMINISTRATION: Gronstal, Chair; Boswell and Rife
Senate Joint Resolution 12
RULES AND ADMINISTRATION: Kramer, Chair; Bisignano and Husak
Senate File 96
WAYS AND MEANS: Murphy, Chair; McLaren and Szymoniak
Senate File 105
WAYS AND MEANS: Murphy, Chair; Connolly and Freeman
Senate File 121
WAYS AND MEANS: Palmer, Chair; Bennett and Deluhery
Senate File 141
TRANSPORTATION: Fraise, Chair; Dearden and Douglas
Senate File 145
JUDICIARY: Giannetto, Chair; Fraise, Hammond, McKean and Redfern
Senate File 151
HUMAN RESOURCES: Dvorsky, Chair; Kramer and Vilsack
SSB 119
APPROPRIATIONS: Kibbie, Chair; Kramer and Murphy
SSB 135
WAYS AND MEANS: Deluhery, Chair; Bennett, Drake, Neuhauser and Vilsack
SSB 136
COMMUNICATIONS AND INFORMATION POLICY: Dvorsky, Chair; Deluhery and
McLaren
SSB 142
WAYS AND MEANS: Szymoniak, Chair; Deluhery and McLaren
SSB 143
JUDICIARY: Redfern, Chair; Boettger, Giannetto, Neuhauser and Vilsack
SSB 144
JUDICIARY: Vilsack, Chair; Bartz, Fraise, Giannetto and Maddox
SSB 145
JUDICIARY: McKean, Chair; Fraise, Giannetto, Redfern and Vilsack
AMENDMENT FILED
S-3062 S.F. 118 Tom Vilsack
AFTERNOON SESSION
The Senate reconvened at 1:31 p.m., President Boswell presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Jensen for the remainder of the day on request of Senator
Rensink.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 46 present, 4 absent and a quorum present.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that the
following bills be referred from the Regular Calendar to committee:
S.F. 21 Education
S.C.R. 17 Rules and Administration
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 124
On motion of Senator Vilsack, Senate File 124, a bill for an act
relating to access to certain adoption records by the subject of the
record, was taken up for consideration.
Senator Hammond offered amendment S-3060 filed by her on February
15, 1995, to page 1 of the bill and moved its adoption.
Amendment S-3060 was adopted by a voice vote.
Senator Vilsack 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. 124) 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 Hedge
Horn Husak Iverson 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, 2:
Hansen Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate Concurrent Resolution 15
On motion of Senator Flynn, Senate Concurrent Resolution 15, 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, was taken up for consideration.
Senator Flynn moved the adoption of Senate Concurrent Resolution
15, which motion prevailed by a voice vote.
Senator Horn asked and received unanimous consent to take up for
consideration Senate Files 146 and 149.
Senate File 146
On motion of Senator Judge, Senate File 146, a bill for an act
relating to Iowa-foaled horses and Iowa-whelped dogs used for breeding
and racing, was taken up for consideration.
Senator Judge 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. 146) 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 Hedge
Horn Husak Iverson 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, 2:
Hansen Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 149
On motion of Senator Neuhauser, Senate File 149, a bill for an act
relating to child support recovery, was taken up for consideration.
Senator Neuhauser 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. 149) 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 Hedge
Horn Husak Iverson 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, 2:
Hansen Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate Concurrent Resolution 8
On motion of Senator Deardon, Senate Concurrent Resolution 8, a
concurrent resolution urging support of the striking workers at
Bridgestone/Firestone in Des Moines through legislation and other means,
with report of committee recommending passage, was taken up for
consideration.
Senator Iverson offered amendment S-3048 filed by him on February
8, 1995, to pages 1 and 2 of the resolution and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3048 be adopted? (S.C.R. 8) the
vote was:
Ayes, 21:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Kramer Lind
Maddox McKean McLaren Redfern
Rensink Rife Rittmer Tinsman
Zieman
Nays, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Horn
Husak Judge Kibbie Lundby
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Absent or not voting, 2:
Hansen Jensen
Amendment S-3048 lost.
Senator Bartz offered amendment S-3064 filed by him from the floor
to page 2 of the resolution and moved its adoption.
Amendment S-3064 was adopted by a voice vote.
President pro tempore Bisignano took the chair at 2:33 p.m.
Senator Dearden moved the adoption of Senate Concurrent Resolution
8 as amended, which motion prevailed by a voice vote and the resolution
as amended was adopted.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
124, 146 and 149 and Senate Concurrent Resolutions 8 and 15 be
immediately messaged to the House.
The Senate stood at ease at 2:50 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 3:37 p.m., President Boswell
presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House on February 16, 1995:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on February 16, 1995, adopted the following resolutions in
which the concurrence of the Senate is asked:
House Concurrent Resolution 20, a house concurrent resolution
relating to Pioneer Lawmakers.
This resolution was read first time and passed on file.
House Concurrent Resolution 21, a concurrent resolution honoring
Ms. Sugar Macaulay upon her retirement as the Capitol Tour Guide
Supervisor.
This resolution was read first time and assigned to the committee
on Rules and Administration.
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on February 14, 1995, adopted the following resolution in
which the concurrence of the Senate is asked:
House Concurrent Resolution 13, a concurrent resolution recognizing
the seventy-fifth anniversary of the founding of the League of Women
Voters of Iowa.
This resolution was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 163, by Boswell, a bill for an act relating to funding
industrial retraining programs.
Read first time and passed on file.
Senate File 164, by Tinsman, a bill for an act relating to the
meetings of the commission on the status of African-Americans.
Read first time and passed on file.
Senate File 165, by Tinsman, Boettger, Neuhauser, Hammond,
Bisignano, Lind, and Bennett, a bill for an act establishing a
surcharge on misdemeanors and traffic violations and designating the
proceeds for the community grant fund.
Read first time and passed on file.
APPENDIX
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Four students from the Forest Ridge Youth Center, Emmetsburg, Iowa.
Senator Kibbie.
Twenty-two senior high school government students from Lamoni
Community School, Lamoni, Iowa, accompanied by Brad Kunecke. Senator
Boswell.
STUDY BILLS RECEIVED
SSB 146
Human Resources
Relating to advanced registered nurse practitioners by providing
for coverage of services provided by such practitioners under a policy
or contract providing for health care coverage.
SSB 147
Human Resources
Relating to public health by providing for measures related to lead
inspection and abatement, and providing a penalty.
SSB 148
Ways & Means
Authorizing a city to impose a tax on certain exempt real property
subject to a reverse referendum and providing an applicability date
provision.
SSB 149
Human Resources
Relating to public health by regulating tobacco sales and use and
providing a penalty.
SSB 150
Transportation
Relating to motor vehicle and highway regulation by the state
department of transportation concerning retention of records and
documents, registration plates and stickers, dissolution decree
transfers of motor vehicle titles, junking certificates for abandoned
vehicles, flashing blue lights, motorcycle license requirements, leased
motor vehicles, proof of financial responsibility, charges for
handicapped identification devices, single state registration for motor
carriers, commodity base state registration, other technical changes,
and providing an effective date.
SSB 151
State Government
Relating to the establishment of flammability standards for
furniture and providing a penalty.
SSB 152
State Government
Relating to the certification of plumbers and heat, ventilation,
and air conditioning professionals, and establishing fees and penalties,
and providing for the use of such fees.
SSB 153
State Government
Relating to authorizing the payment of salaries to senior judges,
providing for a maximum retirement annuity amount paid to senior judges,
and providing effective and applicability dates.
SSB 154
State Government
Providing for the payment of employee contributions for members of
fire and police retirement systems for certain state tax purposes and
providing an effective and applicability date.
SSB 155
State Government
Relating to the financing of political campaigns and by adding the
changing definitions of commissioner and political committee, changing
the providing for the appointment of committee personnel and the
maintenance of committee funds, providing for the retention of records,
establishing requirements for committee names, specifying requirements
for out-of-state committee filings, prohibiting political committees
from supporting a single candidate, revising filing deadlines and the
contents of disclosure reports, providing for disclaimers on published
materials by nonregistered entities, including federal corporations
under corporate activity prohibitions, allowing candidates to donate
funds to political subdivisions, providing for the establishment of
ethics and campaign disclosure board staff salaries, and making other
related changes.
SSB 156
Natural Resources, Environment & Energy
Relating to pipelines and underground storage of hazardous liquids,
and providing penalties and effective and retroactive applicability date
provisions.
SSB 157
Commerce
Relating to the regulation of insurance, including the authority of
the insurance division to regulate certain policies and contracts and
parties to such policies and contracts, establishing fees, and
providing civil penalties.
SSB 158
Local Government
Relating to fees for abandoned motor vehicle disposal and making
penalties applicable.
SUBCOMMITTEE ASSIGNMENTS
SSB 146
HUMAN RESOURCES: Szymoniak, Chair; Boettger and Neuhauser
SSB 147
HUMAN RESOURCES: Dvorsky, Chair; Hammond and Kramer
SSB 148
WAYS AND MEANS: Szymoniak, Chair; Bennett, Iverson, Neuhauser and
Vilsack
SSB 149
HUMAN RESOURCES: Neuhauser, Chair; Boettger and Dvorksy
SSB 150
TRANSPORTATION: Gettings, Chair; Drake and Fraise
SSB 156
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Gronstal, Chair; Deluhery and
Lundby
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 154 Human Resources
S.F. 161 Education
S.F. 162 Commerce
S.F. 163 Small Business, Econ. Dev. & Tourism
S.F. 164 State Government
S.J.R. 13 Education
H.F. 126 Commerce
H.F. 128 Local Government
INTRODUCTION OF BILLS
Senate File 166, by Deluhery, a bill for an act to require that
audits of the statewide police and fire retirement system be conducted
by the auditor of state.
Read first time under rule 28 and passed on file.
Senate File 167, by committee on Ways and Means, a bill for an act
relating to the state sales tax on auxiliary attachments for
self-propelled and non-self-propelled farm machinery and equipment.
Read first time under rule 28 and placed on Ways and Means
calendar.
COMMITTEE REPORTS
WAYS AND MEANS
Final Bill Action: SENATE FILE 167 (SSB 69.1), a bill for an act
relating to the state sales tax on auxiliary attachments for
self-propelled and non-self-propelled farm machinery and equipment.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Palmer, Husak, Bennett, Deluhery, Drake, Freeman,
Hedge, Iverson, Neuhauser, Priebe and Szymoniak. Nays, none. Absent or
not voting, 4: Connolly, McLaren, Murphy and Vilsack.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-3063 S.F. 118 Elaine Szymoniak
S-3064 S.C.R. 8 Merlin E. Bartz
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 3:40 p.m., until
2:00 p.m., Monday, February 20, 1995.
.EJECT
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