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Senate Journal: Wednesday, February 22, 1995

                            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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