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SIXTY-FIFTH CALENDAR DAY THIRTY-NINTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 14, 1995 The Senate met in regular session at 9:06 a.m., President pro tempore Bisignano presiding. Prayer was offered by the Reverend Paul Wilcox, pastor of the Monroe Chapel and First United Methodist Church, Harlan, Iowa. The Journal of Monday, March 13, 1995, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Boswell until he arrives on request of Senator Horn. BILLS ASSIGNED TO COMMITTEE The Chair announced the assignment of the following bills to committee: S.F. 322 State Government S.F. 323 Human Resources 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. BILL REFERRED TO COMMITTEE Senator Horn asked and received unanimous consent that Senate Joint Resolution 13 be referred from the Regular Calendar to the committee on State Government. CONSIDERATION OF BILLS (Regular Calendar) Senate File 233 On motion of Senator Drake, Senate File 233, a bill for an act relating to the suspension and revocation of drivers licenses and providing penalties for violations of out-of-service orders, was taken up for consideration. Senator Connolly offered amendment S-3100 filed by Senators Connolly and Drake on March 7, 1995, to page 1 of the bill and moved its adoption. Amendment S-3100 was adopted by a voice vote. Senator Drake 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. 233) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond 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, none. Absent or not voting, 1: Boswell The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 140 On motion of Senator Hansen, Senate File 140, a bill for an act to leagalize the proceedings taken by the board of directors of the Cedar Rapids Community School District concerning the sale of certain school district property and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Hansen offered amendment S-3101 filed by him on March 7, 1995, to page 1 and the title page of the bill and moved its adoption. Amendment S-3101 was adopted by a voice vote. Senator Hansen 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. 140) the vote was: Ayes, 48: Banks Bartz Bennett Bisignano Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Boswell Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 167 On motion of Senator Priebe, Senate File 167, a bill for an act relating to the state sales tax on auxiliary attachments for self-propelled and non-self-propelled farm machinery and equipment, was taken up for consideration. Senator Priebe asked and received unanimous consent that House File 149 be substituted for Senate File 167. House File 149 On motion of Senator Priebe, House File 149, a bill for an act relating to the state sales tax on auxiliary attachments for self-propelled and non-self-propelled farm machinery and equipment, was taken up for consideration. Senator Priebe 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. 149) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond 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, none. Absent or not voting, 1: Boswell The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Priebe asked and received unanimous consent that Senate File 167 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSSAGED Senator Horn asked and received unanimous consent that Senate Files 140, 233 and House File 149 be immediately messaged to the House. INTRODUCTION OF BILL Senate File 324, by Husak, a bill for an act relating to the Iowa communications network and providing for the connection of certain Part III users by certified local exchange companies. Read first time and passed on file. RECESS On motion of Senator Horn, the Senate recessed at 9:50 a.m., until 3:30 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS SENATE APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: March 13, 1995, 5:10 p.m. Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking Member; Deluhery and Rittmer. Members Absent: none. Committee Business: Amended and approved LSB 1988, DHS budget bill. Adjourned: 6:15 p.m. STUDY BILLS RECEIVED SSB 240.1 Education Relating to child development assistance. SSB 298.1 Appropriations Relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safetys administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshals office, and the governors substance abuse prevention coordinator, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability. SSB 313 Local Government Relating to the modification of urban renewal plans by removing property from theurban renewal area designated in the plan. SSB 314 Local Government Relating to instruments filed or recorded with the county recorder. SSB 315 Human Resources Relating to the imposition of an additional fee for application for a marriage license and appropriating the fees to fund the displaced homemaker program. SSB 316 Local Government Authorizing the appointment of a city board of review by certain cities. SSB 317 Local Government Relating to notice requirements for voluntary annexation of property by a city. SSB 318 Judiciary Relating to juvenile justice by excluding certain violations from the jurisdiction of the juvenile court and providing for the notification of school officials when a juvenile is taken into custody for certain delinquent acts and providing a conditional effective provision. SSB 319 Education Relating to school finance by increasing the foundation base level for special education, providing for additional enrollment for transportation costs based upon a sparsity factor, and providing additional state aid for school districts with schools which have a percentage of pupils eligible for free or reduced price lunches in excess of the state average, and making appropriations and providing effective date provisions. SSB 320 Judiciary Relating to the placement of persons on probation, by providing an administrative procedure for review of certain modifications of probation, and providing for judicial review. SSB 321 Judiciary To establish a cause of action for persons who incur damages as a result of illegal drug use, providing for a rebuttable presumption, joinder of parties, a right of contribution, and temporary stays of proceedings pending criminal investigations or prosecutions. SSB 322 Natural Resources Relating to alkaline manganese batteries. SSB 323 Education Establishing a grant program to support school-to-work efforts and making an appropriation. SSB 324 Natural Resources Relating to the powers and duties of the department of natural resources by amending procedures for granting easements and leases by the natural resource commission. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resoltuion 24 HUMAN RESOURCES: Hammond, Chair; Bartz and Neuhauser Senate Joint Resolution 13 STATE GOVERNMENT: Kibbie, Chair; Connolly and Lind Senate File 267 BUSINESS AND LABOR: Dearden, Chair; Banks and Gettings Senate File 278 AGRICULTURE: Black, Chair; Fraise and Zieman Senate File 310 STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer Senate File 311 TRANSPORTATION: Douglas, Chair; Dearden and Gettings Senate File 312 HUMAN RESOURCES: Szymoniak, Chair; Tinsman and Vilsack SSB 307 JUDICIARY: McKean, Chair; Fraise, Giannetto, Maddox and Vilsack SSB 308 JUDICIARY: Vilsack, Chair; Fraise, Giannetto, McKean and Redfern SSB 309 JUDICIARY: Neuhauser, Chair; Boettger, Giannetto, McKean and Vilsack SSB 310 JUDICIARY: Vilsack, Chair; Bisignano, Giannetto, McKean and Redfern SSB 311 JUDICIARY: Giannetto, Chair; Bisignano, McKean, Redfern and Vilsack SSB 313 LOCAL GOVERNMENT: Halvorson, Chair; Fink and McKean SSB 314 LOCAL GOVERNMENT: Sorensen, Chair; Judge and Maddox Senate File 315 HUMAN RESOURCES: Tinsman, Chair; Dvorsky and Hansen Senate File 319 JUDICIARY: Szymoniak, Chair; Bisignano, Boettger, Giannetto and Maddox Senate File 321 RULES AND ADMINISTRATION: Gronstal, Chair; Boswell and Kramer Senate File 322 STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer House Concurrent Resolution 8 RULES AND ADMINISTRATION: Gettings, Chair; Boswell and Lind SSB 298.1 APPROPRIATIONS: Fraise, Chair; Iverson and Murphy SSB 312 LOCAL GOVERNMENT: Sorensen, Chair; Fraise and Rittmer SSB 315 HUMAN RESOURCES: Hammond, Chair; Neuhauser and Tinsman SSB 316 LOCAL GOVERNMENT: Fink, Chair; Black and Zieman SSB 317 LOCAL GOVERNMENT: Black, Chair; Halvorson and McKean SSB 318 JUDICIARY: Maddox, Chair; Bisignano, Drake, Fraise and Giannetto SSB 320 JUDICIARY: Halvorson, Chair; Giannetto, McKean, Redfern and Vilsack SSB 321 JUDICIARY: Giannetto, Chair; Bisignano, Maddox, Redfern and Vilsack SSB 322 NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Dearden, Chair; Fink and Lundby LSB 2606 AGRICULTURE: Priebe, Chair; Banks and McLaren COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 210, a bill for an act creating a lien arising from the care and feeding of livestock in a custom cattle feedlot. Recommendation: DO PASS. Final Vote: Ayes, 12: Priebe, Judge, Bartz, Banks, Black, Douglas, Fraise, Giannetto, Hedge, Husak, Sorensen and Zieman. Nays, none. Absent or not voting, 3: Boswell, McLaren and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 278, a bill for an act providing that animals classified as ostriches, rheas, and emus are considered livestock. Recommendation: DO PASS. Final Vote: Ayes, 12: Priebe, Judge, Bartz, Banks, Black, Douglas, Fraise, Giannetto, Hedge, Husak, Sorensen and Zieman. Nays, none. Absent or not voting, 3: Boswell, McLaren and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: SENATE RESOLUTION 9, a senate resolution recognizing the 100th anniversary of the founding of the chiropractic profession. Recommendation: DO PASS. Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy, Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 24, a concurrent resolution recognizing the seventy-fifth anniversary of the American Civil Liberties Union and the sixtieth anniversary of the Iowa Civil Liberties Union. Recommendation: DO PASS. Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy, Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 315, a bill for an act relating to mental health and developmental disabilities assistance by extending a moratorium on the number of intermediate care facility for the mentally retarded beds and requiring certain reporting activities of the state-county management committee, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy, Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. RULES AND ADMINISTRATION Final Bill Action: SENATE JOINT RESOLUTION 16, a joint resolution authorizing the temporary use and consumption of alcoholic beverages in the State Capitol in conjunction with a reception in conjunction with the annual meeting of the National Association of State Auditors, Comptrollers, and Treasurers. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 5: Horn, Rife, Gronstal, Husak and Kramer. Nays, 3: Bisignano, Gettings and Lind. Absent or not voting, 1: Boswell. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE JOINT RESOLUTION 13, a joint resolution proposing an amendment to the Constitution of the State of Iowa abolishing the perpetual school support fund. Recommendation: DO PASS. Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 1: Bennett. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 299, a bill for an act requiring the state board of regents to direct the institutions of higher learning under its control to schedule regular home-and-home competitions between the institutions athletic teams. Recommendation: DO PASS. Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby and Sorensen. Nays, 1: McLaren. Absent or not voting, 1: Bennett. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 331 (SSB 232), a bill for an act changing the number of state employees required to activate automatic payroll deduction for payment of professional or trade association dues or fees. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 1: Bennett. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 3:37 p.m., President pro tempore Bisignano presiding. INTRODUCTION OF RESOLUTION Senate Joint Resolution 16, by committee on Rules and Administration, a joint resolution authorizing the temporary use and consumption of alcoholic beverages in the State Capitol in conjunction with a reception in conjunction with the annual meeting of the National Association of State Auditors, Comptrollers, and Treasurers. Read first time and placed on calendar. INTRODUCTION OF BILLS Senate File 325, by Boettger, a bill for an act relating to the location of the office of the commission of veterans affairs, and providing an effective date. Read first time and passed on file. Senate File 326, by Douglas, a bill for an act providing for the dual enrollment of children who are of school age. Read first time and passed on file. Senate File 327, by Iverson and Husak, a bill for an act providing for the regulation of animal feeding operations by providing for manure management practices, and providing for the application of penalties. Read first time and passed on file. Senate File 328, by Borlaug, a bill for an act providing immunity from liability for volunteers providing services for a charitable purpose on an individual basis. Read first time and passed on file. Senate File 329, by Borlaug, a bill for an act allowing county general fund appropriations for closure and postclosure care of a sanitary disposal project. Read first time and passed on file. Senate File 330, by Borlaug, a bill for an act to provide a mandatory term of imprisonment without the possibility of parole for the use or the threatening display of a firearm in the commission of a forcible felony. Read first time and passed on file. Senate File 331, by committee on State Government, a bill for an act changing the number of state employees required to activate automatic payroll deduction for payment of professional or trade association dues or fees. Read first time and placed on calendar. Senate File 332, by Judge, a bill for an act relating to the annual salaries of certain state department heads and subordinate public officers and employees, providing for properly related matters, and providing an effective date. Read first time and passed on file. Senate File 333, by committee on Agriculture, a bill for an act relating to notice requirements required for work involving drainage and levee districts and water districts. Read first time and placed on calendar. Senate File 334, by committee on Agriculture, a bill for an act relating to animal feeding operations. Read first time and placed on calendar. APPENDIX BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.F. 324 Communications & Information Policy S.F. 325 State Government S.F. 326 Education S.F. 327 Natural Resources S.F. 328 Judiciary S.F. 329 Local Government S.F. 330 Judiciary S.F. 332 State Government INTRODUCTION OF BILLS Senate File 335, by committee on State Government, a bill for an act relating to the merit system classification of employees of statewide elected officials. Read first time under Rule 28 and placed on calendar. Senate File 336, by committee on State Government, a bill for an act requiring that a publication whose standards are incorporated by reference in agency rulemaking be purchased and provided by the agency to the administrative rules coordinator for deposit in the state law library. Read first time under Rule 28 and placed on calendar. Senate File 337, by committee on State Government, a bill for an act relating to publishing notice of outdated unpaid state warrants. Read first time under Rule 28 and placed on calendar. Senate File 338, by committee on State Government, a bill for an act relating to the regulation of games of skill, games of chance, and amusement devices, and subjecting violators to penalties. Read first time under Rule 28 and placed on calendar. Senate File 339, by committee on State Government, a bill for an act relating to the reimbursement of therapeutically certified optometrists under certain agreements or contracts providing for the payment of health care expenses. Read first time under Rule 28 and placed on calendar. Senate File 340, by Black, a bill for an act relating to the condemnation of property for an urban renewal project. Read first time under Rule 28 and passed on file. COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 333 (SSB 203), a bill for an act relating to notice requirements required for work involving drainage and levee districts and water districts. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Priebe, Judge, Bartz, Banks, Black, Douglas, Fraise, Giannetto, Hedge, Husak, Sorensen and Zieman. Nays, none. Absent or not voting, 3: Boswell, McLaren and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 334 (LSB 2606), a bill for an act relating to animal feeding operations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Priebe, Judge, Bartz, Banks, Black, Douglas, Fraise, Giannetto, Hedge, Husak, Sorensen and Zieman. Nays, none. Absent or not voting, 3: Boswell, McLaren and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: SENATE FILE 314, a bill for an act relating to enrollment in another district of an expelled or suspended student and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3126. Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind Neuhauser, Rensink, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Murphy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: SENATE FILE 101, a bill for an act relating to bond issuance elections and authorizing the imposition of an income surtax to partially fund certain bonds issued by a county, city, school district, or community college and providing for the Acts applicability. Recommendation: DO PASS. Final Vote: Ayes, 8: Sorensen, Fink, Maddox, Black, Fraise, Halvorson, Judge and Rittmer. Nays, 2: McKean and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 335 (SSB 305), a bill for an act relating to the merit system classification of employees of statewide elected officials. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 1: Bennett. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 336 (SSB 25), a bill for an act requiring that a publication whose standards are incorporated by reference in agency rulemaking be purchased and provided by the agency to the administrative rules coordinator for deposit in the state law library. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Gronstal, Kibbie, Rittmer, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, and Sorensen. Nays, none. Absent or not voting, 3: Bennett, Bisignano and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 337 (SSB 234), a bill for an act relating to publishing notice of outdated unpaid state warrants. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Gronstal, Kibbie, Rittmer, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, and Sorensen. Nays, none. Absent or not voting, 3: Bennett, Bisignano and McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 338 (SSB 40), a bill for an act relating to the regulation of games of skill, games of chance, and amusement devices, and subjecting violators to penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Halvorson, Lind, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 1: Giannetto. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 339 (SSB 306), a bill for an act relating to the reimbursement of therapeutically certified optometrists under certain agreements or contracts providing for the payment of health care expenses. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lundby, McLaren and Sorensen. Nays, 2: Bennett and Lind. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3125 S.F. 285 Tom Vilsack S-3126 S.F. 314 Education ADJOURNMENT On motion of Senator Judge, the Senate adjourned at 3:50 p.m., until 9:00 a.m. , Wednesday, March 15, 1995.
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