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FORTY-THIRD CALENDAR DAY TWENTY-SIXTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, February 20, 1995 The Senate met in regular session at 2:17 p.m., President Boswell presiding. Prayer was offered by the Reverend Bill Cotton, pastor of the Grace United Methodist Church, Des Moines, Iowa. The Journal of Thursday, February 16, 1995, was approved. INTRODUCTION OF BILL Senate File 168, by Hammond, a bill for an act relating to child abuse and child sexual abuse reporting and increasing a penalty. 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 41 present, 9 absent and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Freeman, Kramer and Iverson until they arrive on request of Senator Rife. CONSIDERATION OF BILLS (Regular Calendar) Senate File 147 On motion of Senator Banks, Senate File 147, a bill for an act providing for the issuance of single general permits by the department of natural resources and providing an effective date, was taken up for consideration. Senator Banks 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. 147) the vote was: Ayes, 46: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Freeman Iverson Kramer Neuhauser The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 130 On motion of Senator Vilsack, Senate File 130, 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, with report of committee recommending passage, was taken up for consideration. 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. 130) 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 Jensen Judge Kibbie 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: Iverson Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Horn asked and received unanimous consent to take up for consideration Senate Files 152, 157 and 158. Senate File 152 On motion of Senator Kibbie, Senate File 152, a bill for an act relating to the name of those persons who engage in the practice of podiatry, was taken up for consideration. Senator Kibbie 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. 152) 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 Jensen Judge Kibbie 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: Iverson Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 157 On motion of Senator Fink, Senate File 157, a bill for an act relating to solid waste by eliminating the polystyrene ban and providing an effective date, was taken up for consideration. Senator Fink 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. 157) 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 Jensen Judge Kibbie 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: Iverson Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 158 On motion of Senator Gettings, Senate File 158, a bill for an act to provide conformity to the definition of travel trailers, was taken up for consideration. Senator Gettings 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. 158) 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 Jensen Judge Kibbie 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: Iverson Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Files 147, 130, 152, 157 and 158 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senate File 118 On motion of Senator Szymoniak, Senate File 118, a bill for an act relating to the development and implementation of a coordinated statewide trauma care delivery system and providing penalties and immunity from liability, was taken up for consideration. Senator Vilsack offered amendment S-3062 filed by him on February 16, 1995, to page 7 of the bill and moved its adoption. Amendment S-3062 was adopted by a voice vote. With the adoption of amendment S-3062, amendment S-3063 filed by Senator Szymoniak on February 16, 1995, to page 7 of the bill, was ruled out of order. The Chair announced that action on Senate File 118 was deferred. Senate File 116 On motion of Senator Neuhauser, Senate File 116, a bill for an act authorizing certain persons to access dependent adult abuse information, 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. 116) 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 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, 2: Hansen Iverson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 2 On motion of Senator Vilsack, Senate File 2, a bill for an act relating to the filing of claims for credit or refund by retired federal employees as a result of the unconstitutional taxation of federal pensions under the state individual income tax, with report of committee recommending amendment and passage, was taken up for consideration. Senator Vilsack offered amendment S-3024 filed by the committee on Ways and Means on January 31, 1995, to page 1 of the bill and moved its adoption. A record roll call was requested. On the question Shall amendment S-3024 be adopted? (S.F. 2) the vote was: Ayes, 16: Bisignano Dearden Drake Dvorsky Fink Fraise Giannetto Horn Husak Judge Murphy Neuhauser Palmer Priebe Szymoniak Vilsack Nays, 33: Banks Bartz Bennett Black Boettger Borlaug Boswell Connolly Deluhery Douglas Flynn Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Jensen Kibbie Kramer Lind Lundby Maddox McKean McLaren Redfern Rensink Rife Rittmer Sorensen Tinsman Zieman Absent or not voting, 1: Iverson Amendment S-3024 lost. 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. 2) 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 Horn Husak Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 1: Hedge Absent or not voting, 1: Iverson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 118 The Senate resumed consideration of Senate File 118, a bill for an act relating to the development and implementation of a coordinated statewide trauma care delivery system and providing penalties and immunity from liability, previously deferred. Senator Hansen offered amendment S-3053 filed by him on February 9, 1995, to page 3 of the bill. Senator Hansen offered amendment S-3066 filed by him from the floor to amendment S-3053 and moved its adoption. Amendment S-3066 was adopted by a voice vote. Senator Hansen moved the adoption of amendment S-3053 as amended, which motion prevailed by a voice vote. Senator Bartz offered amendment S-3065 filed by him from the floor to page 4 of the bill and moved its adoption. Amendment S-3065 was adopted by a voice vote. Senator Szymoniak offered amendment S-3067 filed by her from the floor to pages 4 and 6 of the bill and called for a division: lines 2-4 as division S-3067A and lines 5-7 as division S-3067B. With the adoption of amendment S-3065, division S-3067A was ruled out of order. Senator Szymoniak moved the adoption of division S-3067B, which motion prevailed by a voice vote. Senator Szymoniak 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. 118) the vote was: Ayes, 37: Bartz Bisignano Black Boettger Boswell Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gettings Giannetto Gronstal Hammond Hansen Horn Husak Judge Kibbie Kramer Lundby Maddox Murphy Neuhauser Palmer Priebe Redfern Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 11: Banks Bennett Borlaug Douglas Halvorson Hedge Jensen Lind McKean McLaren Rensink Absent or not voting, 2: Fraise Iverson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate File 155. Senate File 155 On motion of Senator Dvorsky, Senate File 155, a bill for an act relating to employment services by eliminating wage credit liability transfers and allowing all employers relief from charges when an unemployment compensation overpayment is made and providing an applicability date, was taken up for consideration. Senator Dvorsky 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. 155) the vote was: Ayes, 48: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak 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, 2: Fraise Iverson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Files 2, 116, 118 and 155 be immediately messaged to the House. BILL REFERRED TO COMMITTEE Senator Horn asked and received unanimous consent that the following bills be referred from the Regular Calendar to committee: S.J.R. 9 Agriculture S.F. 156 Ways and Means S.F. 160 Ways and Means APPENDIX REPORT OF COMMITTEE MEETING WAYS AND MEANS Convened: February 16, 1995, 10:05 a.m. Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking Member; Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe and Szymoniak. Members Absent: Connolly (excused) and Vilsack. Committee Business: Assigned bills to subcommittees; amended and approved SSB 69.1 as a committee bill; deferred action on Senate File 18. Adjourned: 10:15 a.m. BILLS SIGNED BY THE GOVERNOR Communications were received announcing that on February 17, 1995, the Governor approved and transmitted to the Secretary of State the following bills: SENATE FILE 37 - Relating to the control of emissions from grain storage facilities, by imposing a moratorium upon the Department of Natural Resources, providing for the issuance of a single permit, and providing an effective date. SENATE FILE 45 - Changing the name of the League of Iowa Municipalities to the Iowa League of Cities. ALSO: That on February 20, 1995, the Governor approved and transmitted to the Secretary of State the following bill: SENATE FILE 32 - Relating to the inclusion of school nurses and area education agency professionals in the educational excellence program and providing effective and retroactive applicability dates. PETITION The following petition was presented and placed on file by: Senator Freeman from thirty-eight residents of Buena Vista County opposing reinstatement of the death penalty in Iowa. STUDY BILLS RECEIVED SSB 159 State Government Relating to state government personnel systems, training programs, grievance procedures, experimental research projects, discrimination investigations, collective bargaining matters, and contracts for services. SSB 160 Local Government Authorizing certain cities to appoint additional members to certain city commissions. SSB 161 State Government Relating to the relationship between a licensed real estate salesperson or broker and the parties to a transaction and providing an effective date. SUBCOMMITTEE ASSIGNMENTS Senate File 101 LOCAL GOVERNMENT: Black, Chair; Judge and McKean Senate File 136 LOCAL GOVERNMENT: Fink, Chair; Fraise and Maddox Senate File 148 STATE GOVERNMENT: Gronstal, Chair; Connolly and Drake Senate File 154 HUMAN RESOURCES: Szymoniak, Chair; Kramer and Neuhauser Senate File 164 STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen SSB 151 STATE GOVERNMENT: Halvorson, Chair; Giannetto and Lundby SSB 152 STATE GOVERNMENT: Fink, Chair; Gronstal and McLaren SSB 153 STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer SSB 154 STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer SSB 155 STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer SSB 158 LOCAL GOVERNMENT: Judge, Chair; Fink and Maddox SSB 159 STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen SSB 160 LOCAL GOVERNMENT: Fink, Chair; Judge and Zieman SSB 161 STATE GOVERNMENT; Halvorson, Chair; Kibbie and Lind PRESENTATION OF VISITOR The Chair welcomed the Honorable Richard J. Norpel, Jr., former member of the House and Senate from Jackson County, Bellevue, Iowa, who was present in the Senate chamber. BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.F. 165 Judiciary S.F. 166 State Government S.F. 168 Human Resources H.C.R. 20 Rules and Administration INTRODUCTION OF BILLS Senate File 169, by Lundby, a bill for an act relating to temporary restricted drivers permits. Read first time under rule 28 and passed on file. Senate File 170, by Lundby, a bill for an act relating to prohibiting a parent from receiving a share of a decedent childs estate under certain circumstances. Read first time under rule 28 and passed on file. AMENDMENTS FILED S-3065 S.F. 118 Merlin E. Bartz S-3066 S.F. 118 Steven D. Hansen S-3067 S.F. 118 Elaine Szymoniak S-3068 S.F. 53 Tony Bisignano S-3069 S.F. 150 Merlin E. Bartz ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 4:17 p.m., until 9:00 a.m., Tuesday, February 21, 1995.
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