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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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