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FORTY-FIFTH CALENDAR DAY TWENTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 22, 1995 The Senate met in regular session at 9:05 a.m., President Boswell presiding. Prayer was offered by the Reverend Steve Pike, pastor of the Martelle Christian Church, Martelle, Iowa. The Journal of Tuesday, February 21, 1995, was approved. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 45 present, 5 absent and a quorum present. APPENDIX REPORTS OF COMMITTEE MEETINGS SENATE APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 21, 1995, 3:50 p.m. Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking Member and Lundby. Members Absent: Horn. Committee Business: Reviewed budget and studied possible reductions of appropriations. Adjourned: 4:40 p.m. SENATE APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 21, 1995, 3:50 p.m. Members Present: Vilsack, Chair; Bisignano, Vice Chair; Borlaug, Ranking member; Hansen and Zieman. Members Absent: none. Committee Business: Consideration of final bill and funding. Adjourned: 4:15 p.m. JOINT APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 21, 1995, 3:57 p.m. Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking Member; Boettger and Dearden. Members Absent: none. Committee Business: Discussed proposed joint budget bill. Adjourned: 4:30 p.m. AGRICULTURE Convened: February 21, 1995, 8:01 a.m. Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Palmer, Sorensen and Zieman. Members Absent: none. Committee Business: Amended and approved SSB 117 as a committee bill; approved LSB 1618 as a committee bill. Adjourned: 9:08 a.m. COMMERCE Convened: February 21, 1995, 2:35 p.m. Members Present: Deluhery, Chair; Hansen, Vice Chair; Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer, Priebe and Redfern. Members Absent: Jensen, Ranking Member (excused). Committee Business: Assigned bills to subcommittees; approved SSB 101 as a committee bill; recommended confirmation of governors appointee and placed on individual confirmation calendar. Adjourned: 2:47 p.m. EDUCATION Convened: February 21, 1995, 1:34 p.m. Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking Member; Deluhery, Dvorsky, Fink, Hammond, Kramer, Lind, Neuhauser, Rensink, Szymoniak and Tinsman. Members Absent: Iverson and Murphy (both excused). Committee Business: Assigned bills to subcommittees; recommended confirmation of governors appointee; presentation by ICN. Adjourned: 2:29 p.m. HUMAN RESOURCES Convened: February 21, 1995, 11:15 a.m. Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger, Ranking Member; Bartz, Dvorsky, Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended confirmation of governors appointees; Senate Joint Resolution 10 failed recommendation for passage; amended and approved SSBs 55 and 108 as committee bills. Adjourned: 12:06 p.m. LOCAL GOVERNMENT Convened: February 21, 1995, 2:35 p.m. Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Members Absent: none. Committee Business: Assigned bills to subcommittees; amended and approved Senate File 80 and ordered it redrafted as a committee bill; approved SSB 80 as a committee bill. Adjourned: 3:20 p.m. STATE GOVERNMENT Convened: February 21, 1995, 11:18 a.m. Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Members Absent: none. Committee Business: Assigned bills to subcommittees and recommended confirmation of governors appointees. Adjourned: 11:28 a.m. STUDY BILLS RECEIVED SSB 182 Judiciary Relating to the release or detention of certain criminal defendants pending sentencing or appeal following conviction. SSB 183 Judiciary Relating to domestic abuse and victim protection and providing a penalty and a conditional effective date. SSB 184 Human Resources Requiring licensure of hospice programs and providing a penalty. SSB 185 Human Resources Relating to child abuse and termination of parental rights provisions, and providing an effective date. SSB 186 Small Business - Economic Development & Tourism Establishing an economic development opportunity fund in the state treasury. SSB 187 Small Business - Economic Development & Tourism Changing the definition of disabled for purposes of targeted small business programs. SSB 188 Human Resources Relating to the third-party payment of health care coverage costs for preventive care services and mental health and substance abuse treatment services. SSB 189 Judiciary Relating to public access to court records and providing for the Acts applicability. SUBCOMMITTEE ASSIGNMENTS Senate File 107 APPROPRIATIONS: Murphy, Chair; Banks and Black Senate File 126 APPROPRIATIONS: Murphy, Chair; Hammond and Tinsman Senate File 139 APPROPRIATIONS: Murphy, Chair; Boswell and Tinsman Senate File 154 (Reassigned) HUMAN RESOURCES: Kramer, Chair; Neuhauser and Szymoniak Senate File 165 JUDICIARY: Bisignano, Chair; Drake, Giannetto, Redfern and Vilsack Senate File 170 JUDICIARY: Hammond, Chair; McKean, Neuhauser, Redfern and Vilsack SSB 176 TRANSPORTATION: Gettings, Chair; Fink and Jensen SSB 177 JUDICIARY: Fraise, Chair; Boettger, Giannetto, Redfern and Vilsack SSB 178 JUDICIARY: Vilsack, Chair; Drake, Fraise, Giannetto and Redfern SSB 179 JUDICIARY: Vilsack, Chair; Drake, Fraise, Giannetto and Maddox SSB 181 COMMERCE: Deluhery, Chair; Douglas and Hansen SSB 182 JUDICIARY: Giannetto, Chair; Fraise, McKean, Redfern and Vilsack SSB 183 JUDICIARY: Szymoniak, Chair; Bartz, Boettger, Hammond and Neuhauser SSB 184 HUMAN RESOURCES: Szymoniak, Chair; Kramer and Vilsack SSB 185 HUMAN RESOURCES: Szymoniak, Chair; Boettger and Hammond SSB 186 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Flynn, Chair; Maddox and Sorensen SSB 187 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: McKean, Chair; Palmer and Szymoniak SSB 188 HUMAN RESOURCES: Vilsack, Chair; Bartz and Dvorsky House File 132 APPROPRIATIONS: Murphy, Chair; Boswell and Lind House File 133 APPROPRIATIONS: Murphy, Chair; Douglas and Halvorson INTRODUCTION OF RESOLUTION Senate Resolution 8, by Gronstal and Murphy, a Senate Resolution urging the Congress of the United States to continue its progress in reducing the federal deficit and to provide to the state of Iowa information on the impact that achieving a balanced federal budget will have on the State. Read first time under Rule 28 and passed on file. INTRODUCTION OF BILLS Senate File 176, by Hansen, a bill for an act relating to the filing of intergovernmental agreements for the joint exercise of governmental powers in certain counties. Read first time under Rule 28 and passed on file. Senate File 177, by Hansen, a bill for an act relating to the publication of city council proceedings and city expenditures. Read first time under Rule 28 and passed on file. Senate File 178, by committee on Human Resources, a bill for an act relating to emergency medical services. Read first time under Rule 28 and placed on calendar. Senate File 179, by committee on Local Government, a bill for an act increasing the maximum property tax levy for certain county hospitals. Read first time under Rule 28 and placed on calendar. Senate File 180, by committee on Local Government, a bill for an act relating to the determination of the annual salary of a deputy sheriff. Read first time under Rule 28 and placed on calendar. Senate File 181, by Kibbie, a bill for an act providing a sales tax exemption relating to aircraft and providing effective date and retroactive applicability provisions. Read first time under Rule 28 and passed on file. Senate File 182, by Kibbie, a bill for an act setting after the required thirty-day period the state percent of growth for purposes of the school foundation aid program and providing effective and applicability date provisions. Read first time under Rule 28 and passed on file. Senate File 183, by Maddox and Priebe, a bill for an act relating to the disclosure of the methods used by insurance companies and nonprofit health service corporations to determine the usual and customary fees for dental care benefit coverages. Read first time under Rule 28 and passed on file. Senate File 184, by Black, a bill for an act relating to disability insurance for state employees. Read first time under Rule 28 and passed on file. Senate File 185, by Lind, a bill for an act to permit the issuance of temporary restricted licenses by the state department of transportation and the court under certain circumstances. Read first time under Rule 28 and passed on file. Senate File 186, by Rittmer, a bill for an act relating to insurance coverage and licensing requirements for motor vehicle operators in this state and providing penalties and effective dates. Read first time under Rule 28 and passed on file. BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.F. 176 Local Government S.F. 177 Local Government S.F. 181 Ways and Means S.F. 182 Education S.F. 183 Commerce S.F. 184 State Government S.F. 185 Transportation S.F. 186 Transportation S.R. 8 Appropriations REPORTS OF STANDING COMMITTEES COMMUNICATIONS AND INFORMATION POLICY (Place nominees on Individual Confirmation Calendar) Pursuant to Senate Rule 59, the committee on Communications and Information Policy assigned to investigate the following governors appointments, completed its investigations on February 22, 1995, and recommended the appointees be confirmed: Joan U. Axel, Robert F. Baur and Richard A. Westcott as members of the Iowa Telecommunications and Technology Commission. NATURAL RESOURCES, ENVIRONMENT AND ENERGY (Place nominees on En Bloc Confirmation Calendar) Pursuant to Senate Rule 59, the committee on Natural Resources, Environment and Energy assigned to investigate the following governors appointments, completed its investigations on February 22, 1995, and recommended the appointees be confirmed: Terrance G. Townsend as a member of the Environmental Protection Commission. Joan C. Schneider as a member of the Natural Resource Commission. Yvonne M. Wente as a member of the Renewable Fuels and Coproducts Advisory Committee. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM (Place nominees on En Bloc Confirmation Calendar) Pursuant to Senate Rule 59, the committee on Small Business, Economic Development, and Tourism assigned to investigate the following governors appointments, completed its investigations on February 22, 1995, and recommended the appointees be confirmed: Carol A. Garrett, Doris A. Hansen, Thomas G. Kunz, John B. Parks, L. Jeanne Partlow and Randolph P. Steig as members of the Iowa Seed Capital Corporation. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM (Place nominee on Individual Confirmation Calendar) Pursuant to Senate Rule 59, the committee on Small Business, Economic Development, and Tourism assigned to investigate the following governors appointment, completed its investigation on February 22, 1995, and recommended the appointee be confirmed: David J. Lyons as Director of the Department of Economic Development. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 18, by Dearden, a concurrent resolution relating to the funding of the Older Iowans Legislature. Read first time under Rule 28 and passed on file. INTRODUCTION OF BILLS Senate File 187, by Giannetto, a bill for an act relating to the duties of the commission of veterans affairs and the county commissions of veteran affairs. Read first time under Rule 28 and passed on file. Senate File 188, by Dearden, a bill for an act relating to restricting the granting of public financial assistance to employers who solicit or advertise for permanent replacement employees. Read first time under Rule 28 and passed on file. Senate File 189, by committee on Judiciary, a bill for an act 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. Read first time under Rule 28 and placed on calendar. COMMITTEE REPORTS HUMAN RESOURCES Final Bill Action: *SENATE FILE 178 (SSB 55), a bill for an act relating to emergency medical services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Szymoniak, Hammond, Boettger, Dvorksy, Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not voting, 1: Bartz. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 178 and they were attached to the committee report. JUDICIARY Final Bill Action: SENATE FILE 142, a bill for an act establishing felonious child endangerment as a nonbailable offense. Recommendation: DO PASS. Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 189 (SSB 133), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Giannetto, McKean, Bartz, Bisignano, Boettger, Drake, Fraise, Hammond, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, 2: Vilsack and Halvorson.. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 29, a bill for an act to provide a presumption that kidnapping has occurred within the state when the body of a kidnapping victim is found within the state. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3074. Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: *SENATE FILE 179 (formerly Senate File 80), a bill for an act increasing for a limited time period the maximum property tax levy for certain county hospitals. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 6: Sorensen, Fink, Maddox, Fraise, Halvorson and Judge. Nays, 4: Black, McKean, Rittmer and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Local Government Committee on Senate File 179 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 180 (SSB 80), a bill for an act relating to the determination of the annual salary of a deputy sheriff. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 6: Sorensen, Fink, Maddox, Fraise, Halvorson and Judge. Nays, 4: Black, McKean, Rittmer and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. RULES AND ADMINISTRATION Final Bill Action: SENATE JOINT RESOLUTION 12, 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. Recommendation: DO PASS. Final Vote: Ayes, 8: Horn, Boswell, Rife, Gettings, Gronstal, Husak, Kramer and Lind. Nays, 1: Bisignano. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 98, a bill for an act relating to the preservation of the Iowa state capitol. Recommendation: DO PASS. Final Vote: Ayes, 9: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal, Husak, Kramer and Lind. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 127, a bill for an act relating to the preservation of and restoration work on the physical facilities of the capitol complex. Recommendation: DO PASS. Final Vote: Ayes, 9: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal, Husak, Kramer and Lind. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 20, a concurrent resolution relating to Pioneer Lawmakers. Recommendation: DO PASS. Final Vote: Ayes, 9: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal, Husak, Kramer and Lind. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 21, a concurrent resolution honoring Ms. Sugar Macaulay upon her retirement as the Capitol Tour Guide Supervisor. Recommendation: DO PASS. Final Vote: Ayes, 9: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal, Husak, Kramer and Lind. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3073 S.F. 85 Dennis H. Black S-3074 H.F. 29 Judiciary ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 9:24 a.m., until 9:00 a.m., Thursday, February 23, 1995.
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