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Senate Journal: Monday, March 6, 1995

                           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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