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Senate Journal: Wednesday, March 8, 1995

                            FIFTY-NINTH CALENDAR DAY

                            THIRTY-SIXTH SESSION DAY

                                 Senate Chamber

                   Des Moines, Iowa, Wednesday, March 8, 1995



         The Senate met in regular session at 9:01 a.m., President Boswell
    presiding.

         Prayer was offered by the Reverend Ken Rummer, pastor of the First
    Presbyterian Church, Corning, Iowa.

         The Journal of Tuesday, March 7, 1995, was approved.



                      HOUSE MESSAGE RECEIVED AND CONSIDERED

         The following message was received from the Chief Clerk of the
    House:

         MR. PRESIDENT: I am directed to inform your honorable body that the
    House has on March 7, 1995, passed the following bill in which the
    concurrence of the Senate is asked:

         House File 253, a bill for  an act relating to the transfer of
    lottery revenues to the general fund of the state and appropriating
    lottery revenues for purposes of the state fair and county fairs, and
    providing an effective date.

         This bill was read first time and passed on file.



                              INTRODUCTION OF BILL

         Senate File 267, by Giannetto, a bill for  an act relating to drug
    testing of certain employees and prospective employees, and making
    penalties applicable.

         Read first time and passed on file.



                         MOTIONS TO RECONSIDER WITHDRAWN

    House File 2

         Senator Lind withdrew his motion to reconsider House File 2, a bill
    for  an act applying the death penalty or life imprisonment for the
    offense of first degree murder, by establishing circumstances under
    which the death penalty will be applied, by providing a minimum age for
    imposition of a death sentence, by providing for review of death
    sentences, by providing for execution by lethal injection, by amending
    the rules of criminal procedure, and by providing an effective date and
    for the Acts applicability, and amendment S-3089 filed by him on March
    2, 1995, and found on page 528 of the Senate Journal.

         Senator Gronstal withdrew his motion to reconsider by him on House
    File 2, offered and deferred on March 2, 1995.



                                   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.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Kramer until she arrives on request of Senator Lind.



                               UNFINISHED BUSINESS

                            (Deferred March 6, 1995)

    Senate File 204

         The Senate resumed consideration of Senate File 204, a bill for an
    act relating to the hours for sale of alcoholic beverages on Sundays,
    deferred March 6, 1995.

         Senator Bartz offered amendment S-3099 filed by Senators Bartz, et
    al., on March 6, 1995, to pages 1 and 2 of the bill, moved its adoption
    and requested a record roll call.

         On the question Shall amendment S-3099 be adopted? (S.F. 204) the
    vote was:
    Ayes, 17:

    552 JOURNAL OF THE SENATE 59th Day


         Banks         Bartz         Boettger      Borlaug
         Boswell       Douglas       Drake         Freeman
         Halvorson     Hedge         Jensen        McKean
         McLaren       Priebe        Rensink       Sorensen
         Zieman

    Nays, 31:

         Bennett       Bisignano     Black         Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Flynn         Fraise        Gettings      Giannetto
         Gronstal      Hammond       Hansen        Horn
         Husak         Iverson       Judge         Kibbie
         Lind          Lundby        Maddox        Neuhauser
         Palmer        Redfern       Rife          Rittmer
         Szymoniak     Tinsman       Vilsack

    Absent or not voting, 2:

         Kramer        Murphy

         Amendment S-3099 lost.

         Senator Connolly 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. 204) the vote was:

    Ayes, 32:


         Bisignano     Black         Boettger      Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Flynn         Fraise        Gettings      Gronstal
         Hammond       Hansen        Horn          Iverson
         Judge         Kibbie        Lind          Lundby
         Maddox        McLaren       Murphy        Neuhauser
         Palmer        Priebe        Redfern       Rife
         Rittmer       Szymoniak     Tinsman       Vilsack

    Nays, 17:

         Banks         Bartz         Bennett       Borlaug
         Boswell       Douglas       Drake         Freeman
         Giannetto     Halvorson     Hedge         Husak
         Jensen        McKean        Rensink       Sorensen
         Zieman
    Absent or not voting, 1:

         Kramer

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                             CONSIDERATION OF BILLS

                               (Regular Calendar)

    Senate File 173

         On motion of Senator Black, Senate File 173, a bill for  an act
    relating to eggs and poultry by reorganizing the statutory provisions
    and providing for the administration of the Iowa egg council,
    assessments and refunds, and the repeal of certain sections, and
    providing an effective date, was taken up for consideration.

         Senator Black offered amendment S-3096 filed by him on March 6,
    1995, to pages 1 and 8 of the bill and moved its adoption.

         Amendment S-3096 was adopted by a voice vote.

         Senator Black asked and received unanimous consent that House File
    179 be substituted for Senate File 173 as amended.

    House File 179
         On motion of Senator Black, House File 179, a bill for  an act
    relating to eggs and poultry by reorganizing the statutory provisions
    and providing for the administration of the Iowa egg council,
    assessments and refunds, and the repeal of certain sections, and
    providing an effective date, 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? (H.F. 179) 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       Hansen
         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, 1:

         Kramer

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

         Senator Black asked and received unanimous consent that Senate File
    173 be withdrawn from further consideration of the Senate.

    Senate File 206

         On motion of Senator Hammond, Senate File 206, a bill for  an act
    striking Code language that conflicts with federal work-study program
    requirements and language relating to unfunded programs administered by
    the college student aid commission, and repealing from the Code certain
    unfunded programs administered by the college student aid commission,
    was taken up for consideration.

         Senator Hammond 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. 206) 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       Hansen
         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, 1:

         Kramer

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    Senate File 156

         On motion of Senator Vilsack, Senate File 156, a bill for  an act
    relating to corporate, franchise, and insurance premiums tax credits for
    entities investing in a qualified venture capital company and providing
    applicability provisions, with report of committee on Ways and Means
    recommending amendment and passage, was taken up for consideration.

         Senator Vilsack offered amendment S-3078 filed by the committee on
    Ways and Means on February 28, 1995, to pages 1 and 2 of the bill and
    moved its adoption.

         Amendment S-3078 was adopted by a voice vote.

         Senator Vilsack offered amendment S-3083 filed by him on March 1,
    1995, to pages 1-4 of the bill and moved its adoption.

         Amendment S-3083 was adopted by a voice vote.

         Senator Vilsack 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. 156) the vote was:

    Ayes, 46:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Boswell       Dearden
         Deluhery      Douglas       Drake         Dvorsky
         Fink          Flynn         Fraise        Freeman
         Gettings      Giannetto     Halvorson     Hansen
         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, 4:

         Borlaug       Connolly      Gronstal      Hammond

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that Senate Files
    156, 204 and 206 and House File 179 be immediately messaged to the
    House.



                              INTRODUCTION OF BILLS

         Senate File 268, by Gronstal, a bill for  an act defining licensed
    marriage and family therapists as professionals for the purposes of
    organization as professional limited liability companies.

         Read first time and passed on file.

         Senate File 269, by Judge, Bartz, and Dvorsky, a bill for  an act
    relating to the licensure of physician assistants and coverage of
    services provided by licensed physician assistants and licensed advanced
    registered nurse practitioners under a policy, contract, or plan
    providing for health care coverage.

         Read first time and passed on file.

         Senate File 270, by Bisignano, Giannetto, and Lind, a bill for  an
    act relating to providing an abstract of a conviction for transportation
    of open alcoholic beverage containers to the state department of
    transportation and excluding the offense from the jurisdiction of the
    juvenile court.

         Read first time and passed on file.
         Senate File 271, by committee on Commerce, a bill for  an act
    relating to the authorization of a bank office where a state bank may
    maintain its management and bookkeeping functions.

         Read first time and placed on calendar.

         Senate File 272, by committee on Commerce, a bill for  an act
    relating to the validity of a notarial act by an officer, director, or
    shareholder of a corporation and providing for retroactive application.

         Read first time and placed on calendar.
                                     RECESS

         On motion of Senator Horn, the Senate recessed at 10:06 a.m., until
    3:30 p.m.

                                    APPENDIX



                              STUDY BILLS RECEIVED

    SSB 262
         Judiciary

         To permit the court to find a person in contempt for failure to pay
    restitution after the period of probation, work release, parole, or the
    persons sentence has ended.

    SSB 263
         Judiciary

         Relating to consortium claims under comparable fault.

    SSB 264
         Judiciary

         To require that certain forcible felons serve at least eighty-five
    percent of the sentence imposed.

    SSB 265
         Judiciary

         Relating to the issuance of mutual protective orders and
    prohibiting the imposition of court costs associated with the filing of
    a domestic abuse action for contempt or for a domestic abuse assault.

    SSB 266
         Judiciary

         Eliminating joint and several liability in comparative fault
    actions.

    SSB 267
         Judiciary

         Relating to the exhibition of humans.

    SSB 268
         Judiciary

         Relating to the rate of interest charged on court judgments and
    decrees.

    SSB 269
         Judiciary

         To permit the imposition of a one-year jail term as part of the
    sentence of a person who is convicted of an aggravated misdemeanor or
    greater offense, providing for payment of costs by the state, and
    providing for partial payment by the offender if work release is
    permitted.
    SSB 270
         Judiciary

         Relating to sexually violent predators, by providing that the place
    of commitment shall be under the control of the department of
    corrections, by requiring the state to pay the costs incurred by a
    county for services in sexually violent offender proceedings, and
    providing an effective date.

    SSB 271
         Judiciary

         Relating to collection of delinquent restitution payments.

    SSB 272
         State Government

         Relating to real estate appraisers and requiring certification.

    SSB 273
         State Government

         Relating to the statutory duties of the office of secretary of
    state, auditor of state, and treasurer of state, and providing effective
    date and implementation provisions.

    SSB 274
         Business & Labor

         Relating to the confidentiality of trade secrets concerning the
    occupational safety and health law and providing for immediate and
    retroactive applicability.

    SSB 275
         Ways & Means

         Relating to the duties of the county treasurer and providing
    effective and applicability dates.



                          REPORTS OF COMMITTEE MEETINGS

    APROPRIATIONS

    Convened: March 7, 1995, 3:35 p.m.

    Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
    Member; Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise,
    Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer,
    McLaren, Neuhauser, Rensink, Tinsman and Vilsack.

    Members Absent: Banks and Bartz (both excused).
    Committee Business: Approved SSB 241 as a committee bill; discussed and
    deferred action on Senate Concurrent Resolution 18.

    Adjourned: 5:07 p.m.



    COMMERCE

    Convened: March 7, 1995, 2:35 p.m.

    Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
    Member; Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge,
    Husak, Lundby, Palmer, Priebe and Redfern.

    Members Absent: none.

    Committee Business: Assigned bills to subcommittees; approved SSBs 75,
    76, 107 and 134 as committee bills.

    Adjourned: 2:35 p.m.



    EDUCATION

    Convened: March 7, 1995, 1:37 p.m.

    Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
    Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind, Murphy,
    Neuhauser, Rensink, Szymoniak and Tinsman.

    Members Absent: none.

    Committee Business: Assigned bills to subcommittees and recommended
    passage of Senate Joint Resolution 13.

    Adjourned: 1:59 p.m.



    HUMAN RESOURCES

    Convened: March 7, 1995, 11:20 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: Approved SSB 184 as a committee bill; amended and
    approved SSB 48 as a committee bill.
    Adjourned: 12:03 p.m.



    LOCAL GOVERNMENT

    Convened: March 7, 1995, 2:36 p.m.

    Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
    Member; Black, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman.

    Members Absent: none.

    Committee Business: Assigned bills to subcommittees; approved Senate
    File 191 as a committee bill; recommended passage of Senate File 194;
    deferred action on SSBs 167 and 160.

    Adjourned: 3:17 p.m.



    STATE GOVERNMENT

    Convened: March 7, 1995, 11:23 a.m.

    Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
    Member; Bennett, Bisignano, Dearden, Fink, Giannetto, Halvorson, Lind,
    Lundby and Sorensen.

    Members Absent: Connolly (excused), Drake and McLaren.

    Committee Business: Assigned bills to subcommittees; approved SSBs 102,
    152 and 170 as committee bills.

    Adjourned: 11:28 a.m.



    WAYS AND MEANS

    Convened: March 7, 1995, 10:48 a.m.

    Members Present: Palmer, Chair;  Bennett, Ranking Member; Deluhery,
    Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe,
    Szymoniak and Vilsack.

    Members Absent: Husak, Vice Chair and Connolly (both excused).

    Committee Business: Assigned bills to subcommittees; presentation by the
    Iowa department of revenue on the franchising law situation.

    Adjourned: 11:15 a.m.
                         RESOLUTION ENROLLED, SIGNED AND

                           SENT TO SECRETARY OF STATE

         The Secretary of the Senate submitted the following report:

         MR. PRESIDENT: The Secretary of the Senate respectfully reports
    that the following resolution has been enrolled, signed by the President
    of the Senate and the Speaker of the House, and submitted to the
    Secretary of States office this 7th day of March, 1995:

         Senate Joint Resolution 6.

    JOHN F. DWYER Secretary of the Senate

                            PRESENTATION OF VISITORS

         The Chair welcomed the following visitors who were present in the
    Senate gallery:

         Fifty eighth grade students from Dallas Center-Grimes Junior High
    School, Grimes, Iowa, accompanied by Bill Wineland. Senator Maddox.

         Twelfth grade students from Woodward-Granger High School, Woodward,
    Iowa, accompanied by Steve Richardson. Senator Maddox.



                            SUBCOMMITTEE ASSIGNMENTS

                                 Senate File 179

    WAYS AND MEANS: Szymoniak, Chair; Connolly and McLaren

                                 Senate File 215

    NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Black, Chair; Kibbie and
    Lundby

                                 Senate File 254

    JUDICIARY: Bisignano, Chair; Giannetto, McKean, Redfern and Vilsack
                                 Senate File 262

    SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Vilsack, Chair;
    Bennett and Hansen

                                     SSB 215

    WAYS AND MEANS: Szymoniak, Chair; Bennett, Iverson, Neuhauser and
    Vilsack

                                     SSB 262

    JUDICIARY: Neuhauser, Chair; Bartz, Giannetto, Maddox and Vilsack

                                     SSB 263

    JUDICIARY: Vilsack, Chair; Fraise; Giannetto, McKean and Redfern

                                     SSB 264

    JUDICIARY: Hansen, Chair; Giannetto, McKean, Redfern and Vilsack

                                     SSB 265

    JUDICIARY: Szymoniak, Chair; Bartz, Boettger, Hammond and Neuhauser

                                     SSB 266

    JUDICIARY: Vilsack, Chair; Fraise, Giannetto, Maddox and Redfern

                                     SSB 267

    JUDICIARY: Neuhauser, Chair; Bartz, Drake, Giannetto and Vilsack

                                     SSB 268

    JUDICIARY: Vilsack, Chair; Fraise, Giannetto, Maddox and Redfern

                                     SSB 269

    JUDICIARY: Giannetto, Chair; Fraise, Maddox, McKean and Vilsack

                                     SSB 270

    JUDICIARY: Hammond, Chair; Bartz, Giannetto, Redfern and Vilsack
                                     SSB 271

    JUDICIARY: Vilsack, Chair; Fraise, Giannetto, Maddox and Redfern
                                     SSB 272

    STATE GOVERNMENT: Bisignano, Chair; Bennett and Sorensen

                                     SSB 273

    STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen

                                     SSB 274

    BUSINESS AND LABOR: Dearden, Chair; Freeman and Giannetto



                                COMMITTEE REPORTS

    BUSINESS AND LABOR

    Final Bill Action: SENATE FILE 188, a bill for an act relating to
    restricting the granting of public financial assistance to employers who
    solicit or advertise for permanent replacement employees.

    Recommendation: DO PASS.

    Final Vote: Ayes, 6: Dearden, Gettings, Connolly, Dvorsky, Giannetto and
    Hammond. Nays, 2: Freeman and Iverson. Absent or not voting, 2: Banks
    and Maddox.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 285 (SSB 196), a bill for an act relating
    to asbestos removal by providing for accreditation of training programs
    and requiring training for certain asbestos abatement workers.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 8 Dearden, Gettings, Connolly, Dvorsky, Freeman,
    Giannetto and Hammond and Iverson. Nays, none. Absent or not voting, 2:
    Banks and Maddox.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                                COMMITTEE REPORT

    COMMERCE

    Final Bill Action: SENATE FILE 271 (SSB 76), a bill for an act relating
    to the authorization of a bank office where a state bank may maintain
    its management and bookkeeping functions.
    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Deluhery, Hansen, Jensen, Bisignano, Douglas,
    Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer and
    Priebe and Redfern. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 272 (SSB 107), a bill for an act relating
    to the validity of a notarial act by an officer, director, or
    shareholder of a corporation and providing for retroactive application.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Deluhery, Hansen, Jensen, Bisignano, Douglas,
    Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer and
    Priebe and Redfern. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 273 (SSB 134), a bill for an act relating
    to the administration of trusts and estates by corporate fiduciaries.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Deluhery, Hansen, Jensen, Bisignano, Douglas,
    Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer and
    Priebe and Redfern. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 274 (SSB 75), a bill for an act relating
    to the delay of the repeal for the exemption of certain multiple
    employer welfare arrangements from regulation by the insurance division
    and providing an effective date.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Deluhery, Hansen, Jensen, Bisignano, Douglas,
    Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer and
    Priebe and Redfern. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
    LOCAL GOVERNMENT

    Final Bill Action: SENATE FILE 280 (formerly Senate File 191), a bill
    for an act authorizing townships to provide emergency medical services.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 10: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
    Judge, McKean, Rittmer and Zieman. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    TRANSPORTATION

    Final Bill Action: SENATE FILE 213, a bill for an act relating to
    handicapped parking and providing a penalty.

    Recommendation: DO PASS.

    Final Vote: Ayes, 11: Gettings, Fraise, Drake, Black, Connolly, Douglas,
    Fink, Halvorson, Lind and Rittmer. Nays, 1: Dearden.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 283 (SSB 97), a bill for an act relating
    to the operation of all-terrain vehicles and snowmobiles on roads and
    applying penalties.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Lind and Rittmer. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
                                AFTERNOON SESSION

         The Senate reconvened at 3:47 p.m., President Boswell presiding.



                           INTRODUCTION OF RESOLUTION

         Senate Resolution 11, by Kibbie, Gettings, and Hansen, a resolution
    urging John Morrell and Company to honor its commitment to provide
    health care coverage to its retirees and their families.

         Read first time and passed on file.



                              INTRODUCTION OF BILLS

         Senate File 273, by committee on Commerce, a bill for  an act
    relating to the administration of trusts and estates by corporate
    fiduciaries.

         Read first time and placed on calendar.

         Senate File 274, by committee on Commerce, a bill for  an act
    relating to the delay of the repeal for the exemption of certain
    multiple employer welfare arrangements from regulation by the insurance
    division and providing an effective date.

         Read first time and placed on calendar.

         Senate File 275, by Hammond and Drake, a bill for  an act relating
    to the commitment of sexually violent predators to department of
    corrections facilities.

         Read first time and passed on file.

         Senate File 276, by Hammond and Sorensen, a bill for  an act
    relating to the appointment of guardians and conservators including
    providing for published notice of the proceedings and medical evaluation
    of the ward.

         Read first time and passed on file.

         Senate File 277, by Connolly, a bill for  an act relating to the
    conduct of bingo games by qualified organizations and subjecting
    violators to an existing penalty.
         Read first time and passed on file.

         Senate File 278, by Black, a bill for  an act providing that
    animals classified as ostriches, rheas, and emus are considered
    livestock.

         Read first time and passed on file.

         Senate File 279, by Dvorsky, a bill for  an act making an
    appropriation for grants for independent living centers for persons with
    disabilities.

         Read first time and passed on file.

         Senate File 280, by committee on Local Government, a bill for  an
    act authorizing townships to provide emergency medical services.

         Read first time and placed on calendar.

         Senate File 281, by Judge, a bill for  an act relating to health
    care provider access under a managed care health plan or indemnity plan
    with a limited provider network.

         Read first time and passed on file.

         Senate File 282, by Fink, a bill for  an act relating to child
    abuse investigations by prohibiting release of the identity of a
    reporter of child abuse.

         Read first time and passed on file.

         Senate File 283, by committee on Transportation, a bill for  an act
    relating to the operation of all-terrain vehicles and snowmobiles on
    roads and applying penalties.

         Read first time and placed on calendar.

         Senate File 284, by Hansen, a bill for  an act relating to the
    crime of forgery, by prohibiting the knowing possession of forged
    writings, including documents prescribed for entry into, stay, or
    employment in the United States, and providing penalties.

         Read first time and passed on file.
         Senate File 285, by committee on Business and Labor, a bill for  an
    act relating to asbestos removal by providing for accreditation of
    training programs and requiring training for certain asbestos abatement
    workers.

         Read first time and placed on calendar.

         Senate File 286, by committee on Business and Labor, a bill for  an
    act concerning workers compensation by providing for the computing of
    gross weekly earnings for volunteer ambulance drivers, emergency medical
    technician trainees, and seasonal workers, and relating to judicial
    review of workers compensation contested cases.

         Read first time and placed on calendar.



                           BILLS REFERRED TO COMMITTEE

         Senator Horn asked and received unanimous consent that the
    following bills be referred from the Regular Calendar to committee:


         S.F.          224           Transportation
         S.F.          248           Appropriations
         S.F.          264           Transportation
                                    APPENDIX



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee:


         S.F.          265           Natural Resources
         S.F.          267           Business and Labor
         S.F.          268           Commerce
         S.F.          269           Human Resources
         S.F.          270           Judiciary
         S.F.          275           Judiciary
         S.F.          276           Judiciary
         S.F.          277           State Government
         S.F.          278           Agriculture
         S.F.          279           Appropriations
         S.F.          281           Human Resources
         S.F.          282           Human Resources
         S.F.          284           Judiciary
         S.R.          11            Business and Labor
         H.F.          253           Appropriations



                                COMMITTEE REPORTS

    BUSINESS AND LABOR

    Final Bill Action: SENATE FILE 286 (SSB 127), a bill for an act
    concerning workers compensation by providing for the computing of gross
    weekly earnings for volunteer ambulance drivers, emergency medical
    technician trainees, and seasonal workers, and relating to judicial
    review of workers compensation contested cases.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 8: Dearden, Gettings, Connolly, Dvorsky, Freeman,
    Giannetto, Hammond and Iverson. Nays, none. Absent or not voting, 2:
    Banks and Maddox.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
    NATURAL RESOURCES, ENVIRONMENT AND ENERGY

    Final Bill Action: SENATE FILE 215, a bill for an act relating to
    agricultural management account moneys and county grants for private
    rural water well, testing, sealing, and closure.

    Recommendation: DO PASS.

    Final Vote: Ayes, 14: Fink, Black, Lundby, Banks, Borlaug, Dearden,
    Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Rensink and Sorensen.
    Nays, none. Pass, 1: Priebe.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 30, a bill for an act relating to the fee
    for a combined hunting and fishing license and providing an effective
    date and applicability provision.

    Recommendation: DO PASS.

    Final Vote: Ayes, 14: Fink, Black, Lundby, Banks, Borlaug, Dearden,
    Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and Sorensen.
    Nays, none. Absent or not voting, 1: Deluhery.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                              INTRODUCTION OF BILLS

         Senate File 287, by Bartz, Borlaug, Banks, Zieman, Rensink, and
    Boettger, a bill for  an act relating to jury instructions.

         Read first time under Rule 28 and passed on file.

         Senate File 288, by Redfern and McKean, a bill for  an act to
    provide for life imprisonment for persons convicted of certain offenses.

         Read first time under Rule 28 and passed on file.



                                AMENDMENTS FILED


         S-3102        S.F.          207           Michael E. Gronstal
         S-3103        H.F.          132           Johnie Hammond
         S-3104        S.F.          266           John P. Kibbie
         S-3105        S.F.          228           Dennis Black
         S-3106        S.F.          208           Elaine Szymoniak



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 4:51 p.m., until
    9:00 a.m., Thursday, March 9, 1995.

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