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Senate Journal: Monday, February 20, 1995

                            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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