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FIFTY-SEVENTH CALENDAR DAY THIRTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 6, 1995 The Senate met in regular session at 1:39 p.m., President Boswell presiding. Prayer was offered by the Reverend David Grindberg, pastor of the St. Mark Lutheran Church, Storm Lake, Iowa. The Journal of Thursday, March 2, 1995, was approved. INTRODUCTION OF BILLS Senate File 249, by Black, a bill for an act establishing an environmental education program in the state of Iowa and making an appropriation. Read first time and passed on file. Senate File 250, by Hammond, Dvorsky, and Redfern, a bill for an act relating to the appointment of the student member to the state board of regents, reducing the student members term, and providing implementation and transition provisions. Read first time and passed on file. Senate File 251, by Fink, a bill for an act relating to the legal age for gambling, providing an effective date, and providing a retroactive applicability provision. 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 42 present, 8 absent and a quorum present. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Hansen for the day on request of Senator Horn. CONFIRMATION OF GOVERNORS APPOINTMENTS (En Bloc Confirmation Calendar) In accordance with Senate Rule 59, Senator Horn called up the following eligible appointeees on the En Bloc Confirmation Calendar: Alan J. Beste and Dr. Kenneth W. Caldwell as members of the Athletic Trainer Advisory Board. Dr. Dale J. Andringa, Ann E. Kaven, John A. Kolosky and Marabeth K. Soneson as members of the Community Health Management Information System Governing Board. Judge Brown, Jr. as a member of the Commission on the Status of Women. L. Jeanne Partlow as a member of the Iowa Seed Capital Corporation. Kathryn A. Murphy as a member of the Job Service Advisory Council. Sharon Blair and Linda W. Rouse as members of the Mental Health and Developmental Disabilities Commission. Yvonne M. Wente as a member of the Renewable Fuels and Coproducts Advisory Committee. Senator Horn moved that the foregoing appointees be confirmed by the Senate. On the question Shall the appointees be confirmed? 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 Iverson 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: Hansen Kramer The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer until she arrives on request of Senator McLaren. CONSIDERATION OF BILLS (Regular Calendar) Senate File 176 On motion of Senator Sorensen, Senate File 176, a bill for an act relating to the filing of intergovernmental agreements for the joint exercise of governmental powers in certain counties, with report of committee recommending passage, was taken up for consideration. Senator Sorensen 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. 176) 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 Iverson 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: Hansen 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 File 229. Senate File 229 On motion of Senator Black, Senate File 229, a bill for an act eliminating certain requirements regarding the purchase of coal by public agencies, was taken up for consideration. Senator Black 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. 229) the vote was: Ayes, 49: 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 Iverson 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, 1: Hansen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 204 On motion of Senator Connolly, Senate File 204, a bill for an act relating to the hours for sale of alcoholic beverages on Sundays, was taken up for consideration. Senator Bartz asked and received unanimous consent that action on Senate File 204 be deferred. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Files 176 and 209 be immediately messaged to the House. APPENDIX REPORTS OF COMMITTEE MEETINGS BUSINESS AND LABOR Convened: March 1, 1995, 11:02 a.m. Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking Member; Banks, Giannetto, Hammond, and Maddox. Members Absent: Connolly, Dvorsky and Iverson. Committee Business: Assigned bills to subcommittees. Adjourned: 11:05 a.m. COMMUNICATIONS AND INFORMATION POLICY Convened: March 1, 1995, 2:52 p.m. Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking Member; Flynn, Hansen, Jensen and Redfern. Members Absent: none. Committee Business: Amended and approved SSB 190 as a committee bill; approved LSB 2530 as a committee bill; presentation by the national guard regarding ICN. Adjourned: 3:48 p.m. ETHICS Convened: March 1, 1995, 2:45 p.m. Members Present: Husak, Chair; Neuhauser, Vice Chair; Hedge, Ranking Member; Drake, Gettings and McKean. Members Absent: none. Committee Business: Discussed and deferred action on SSB 175. Adjourned: 3:30 p.m. JUDICIARY Convened: March 1, 1995, 1:35 p.m. Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Members Absent: none. Committee Business: Placed House File 2 on the Senate calendar without recommendation. Adjourned: 2:35 p.m. NATURAL RESOURCES, ENVIRONMENT AND ENERGY Convened: March 1, 1995, 1:35 p.m. Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member; Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and Sorensen. Members Absent: none. Committee Business: Assigned bill to subcommittee; approved SSBs 72, 172 and 173 as committee bills. Adjourned: 2:28 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: March 1, 1995, 10:02 a.m. Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking Member; Bennett, Boettger, Giannetto, Kibbie, Maddox, Palmer, Sorensen and Vilsack. Members Absent: Borlaug, Flynn, McKean and Szymoniak (all excused). Committee Business: Assigned bills to subcommittees. Adjourned: 10:05 a.m. TRANSPORTATION Convened: March 1, 1995, 10:03 a.m. Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Lind and Rittmer. Members Absent: Jensen (excused). Committee Business: Approved SSBs 118, 176, 191 and 192 as committee bills; recommended passage of Senate Files 31 and 141 as amended. Adjourned: 10:47 a.m. SUPPLEMENTAL REPORT OF THE COMMITTEE ON MEMORIAL RESOLUTIONS MR. PRESIDENT: The committee on memorial resolutions has ascertained the names of former members of the Senate who have become deceased and appoints the following committee to prepare a memorial resolution: JACOB GRIMSTEAD: Bartz, Chair: Borlaug and Priebe WILLIAM D. PALMER BERL E. PRIEBE BRAD BANKS NANCY BOETTGER CERTIFICATE OF RECOGNITION The secretary of the senate issued a certificate of recognition as follows: Daniel Dean Olmstead, Iowa Falls - For third place district winner in the Write Women Back Into History Contest. Senator Iverson (3-1-95). PETITIONS The following petitions opposing reinstatement of the death penalty were presented and placed on file by: Senator Bennett from 50 residents of Ida County. Senator Freeman from 88 residents of Buena Vista County. Senator Szymoniak from 116 residents of Polk County. Senator Szymoniak from 69 residents of Dallas and Polk Counties. The following petitions were presented and placed on file by: Senator Connolly favoring legislative funding for community colleges. Senator Bennett from 300 residents of Crawford County supporting true notification of a parent or legal guardian by a minor prior to terminating a pregnancy through abortion (definition of a parent would exclude a grandparent, adult uncle, aunt, sibling, and others as provided in the Senate passed version of Senate File 13). SUBCOMMITTEE ASSIGNMENTS Senate Resolution 9 HUMAN RESOURCES: Tinsman, Chair; Kramer and Neuhauser Senate File 31 TRANSPORTATION: Halvorson, Chair; Black and Jensen Senate File 190 HUMAN RESOURCES: Szymoniak, Chair; Kramer and Vilsack Senate File 212 APPROPRIATIONS: Halvorson, Chair; Douglas and Fraise Senate File 218 HUMAN RESOURCES: Vilsack, Chair; Boettger and Dvorksy House File 161 COMMUNICATIONS & INFORMATION POLICY: Dvorksy, Chair; Deluhery and McLaren SSB 229 SMALL BUSINESS, ECONOMIC DEVELOPMENT, & TOURISM: Palmer, Chair; Flynn and Maddox PRESENTATION OF VISITORS Senator Priebe presented the following farmers and agriculture businessmen from Russia and Kazakhstan who were visiting farms, agricultural plants and agribusiness operations in Iowa sponsored by the Agricutural Cooperative Development International Organization: From Russia: Oleg Grigoriev, Viktor Bagdanov, Gennadi Rusinov, Valentin Zuyev, Alexandre Tyulei and Victor Berbets. From Kazakhstan: Jakiev Gainaden. Interpreters: Ms. Olga Sedykh and Mr. Peter Yashin. Senator Tinsman introduced a group of students from Costa Rica, Ghana, Russia, Slovakia, Vietnam and Zimbabwe, who were the guests of Senators Tinsman, Black and Deluhery. The group was visiting Iowa through the Iowa International Fellows Program sponsored by the Iowa Peace Institute and the Iowa Council for International Understanding in partnership with the Stanley Foundation. MOTIONS TO RECONSIDER (Filed March 2, 1995) MR. PRESIDENT: I move to reconsider the vote by which House File 2 failed to pass the Senate on March 2, 1995. JIM LIND ALSO: MR. PRESIDENT: I move to reconsider the vote by which amendment S-3089 to House File 2 failed to be adopted by the Senate on March 2, 1995. JIM LIND STUDY BILLS RECEIVED SSB 230 State Government Relating to the entitlement to benefits and dividends under the Iowa public employees retirement system. SSB 231 State Government Creating a commission of Asian-Pacific persons within the department of human rights. SSB 232 State Government Changing the number of state employees required to activate automatic payroll deduction for payment of professional or trade association dues or fees. SSB 233 Human Resources Relating to the defining of surgery for the purposes of the health-related professions chapter of the Code by specifying procedures, services, and treatments considered to be surgery and by providing for expansion of the definition through rulemaking procedures utilized by the board of medical examiners. SSB 234 State Government Relating to publishing notice of outdated unpaid state warrants. BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.F. 245 Commerce S.F. 246 State Government S.F. 249 Appropriations S.F. 250 State Government S.F. 251 State Government INTRODUCTION OF BILL Senate File 252, by Hedge, a bill for an act setting the state percent of growth for the school foundation aid program if not done so by the general assembly and disallowing per diem for the general assembly for a certain period for failure to do so and providing effective and applicability date provisions. Read first time under Rule 28 and passed on file. AMENDMENTS FILED S-3096 S.F. 173 Dennis H. Black S-3097 S.F. 232 Richard F. Drake S-3098 S.F. 174 Robert Dvorsky S-3099 S.F. 204 Merlin E. Bartz Brad Banks Wilmer Rensink Andy McKean ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 2:12 p.m., until 9:00 a.m., Tuesday, March 7, 1995.
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