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THIRTY-EIGHTH CALENDAR DAY
TWENTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, February 15, 1995
The Senate met in regular session at 9:07 a.m., President Boswell
presiding.
Prayer was offered by the Honorable Wilmer Rensink, member of the
Senate from Sioux County, Sioux City, Iowa.
The Journal of Tuesday, February 14, 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 February 14, 1995, passed the following bill in which the
concurrence of the Senate is asked:
House File 133, a bill for an act creating a highway safety patrol
fund, allocating use tax receipts, and providing appropriations.
This bill was read first time and passed on file.
SPECIAL GUEST
Senator Judge introduced Miss Teen of Iowa, Rachel Walker from
Albia, Iowa. She will represent Iowa at the national competition in San
Diego in August.
Miss Walker addressed the Senate with remarks about her activities
as Miss Teen of Iowa.
BILL REASSIGNED TO COMMITTEE
President Boswell announced that Senate File 140 was reassigned
from the committee on Education to the committee on Judiciary.
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.
BILL ASSIGNED TO COMMITTEE
President Boswell announced that Senate File 142 was assigned to
the committee on Judiciary.
The Senate stood at ease at 9:20 a.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 10:25 a.m., President Boswell
presiding.
INTRODUCTION OF RESOLUTION
Senate Joint Resolution 13, by Kibbie, a joint resolution proposing
an amendment to the Constitution of the State of Iowa abolishing the
perpetual school support fund.
Read first time and passed on file.
RECESS
On motion of Senator Halvorson, the Senate recessed at 10:27 a.m.,
until 3:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: February 14, 1995, 8:01 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
McLaren and Zieman.
Members Absent: Palmer and Sorensen (both excused).
Committee Business: Approved SSB 121 and LSB 2021 as committee bills;
presentation by the consolidated farm service agency.
Adjourned: 8:35 a.m.
COMMERCE
Convened: February 14, 1995, 2:36 p.m.
Members Present: Deluhery, Chair; Jensen, Ranking Member; Flynn,
Freeman, Gettings, Hedge, Lundby, Priebe and Redfern.
Members Absent: Hansen, Vice Chair (excused); Bisignano (excused),
Douglas, Gronstal, Husak (excused) and Palmer (excused).
Committee Business: Assigned bills to subcommittees.
Adjourned: 2:38 p.m.
EDUCATION
Convened: February 14, 1995, 1:32 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 bill and governors appointee to
subcommittees; Presentation on the Iowa commission on the status of
african-americans education task force.
Adjourned: 2:31 p.m.
HUMAN RESOURCES
Convened: February 14, 1995, 11:13 a.m.
Members Present: Szymoniak, Chair; Hammond, Vice Chair; Dvorsky,
Hansen, Neuhauser and Vilsack.
Members Absent: Boettger, Ranking Member; Bartz, Kramer and Tinsman (all
excused).
Committee Business: Recommended confirmation of governors appointee;
approved SSBs 96 and 99 as committee bills.
Adjourned: 11:35 a.m.
JUDICIARY
Convened: February 14, 1995, 10:12 a.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; Bisignano,
Drake, Fraise, Hammond, Hansen, and Szymoniak.
Members Absent: McKean, Ranking Member; Bartz, Boettger, Halvorson,
Maddox, Neuhauser and Redfern (all excused).
Committee Business: Recommended confirmation of governors appointee.
Adjourned: 10:15 a.m.
LOCAL GOVERNMENT
Convened: February 14, 1995, 2:40 p.m.
Members Present: Fink, Vice Chair; Maddox, Ranking Member; Black,
Fraise, Halvorson, Judge, McKean, Rittmer and Zieman.
Members Absent: Sorensen, Chair (excused).
Committee Business: Recommended passage of Senate File 77 as amended.
Adjourned: 2:50 p.m.
STATE GOVERNMENT
Convened: February 14, 1995, 11:08 a.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson and Lundby.
Members Absent: Rittmer, Ranking Member; Bennett, Lind, McLaren and
Sorensen (all excused).
Committee Business: IPERS presentation by the bureau chief; approved SSB
94 as a committee bill; assigned bills to subcommittees.
Adjourned: 12:05 p.m.
STUDY BILLS RECEIVED
SSB 135
Ways & Means
Relating to state and local taxes including appeals of department
of revenue and finance actions, the prohibition of unconstitutional or
illegal tax collections, assessment procedures pertaining to amended
returns, corporate income tax rates, sales tax on test laboratory
services, collection of sales tax by out-of-state retailers, interest
accrual on sales and use tax refunds, sales and use tax exemption for
machinery and equipment replacement parts, sales tax permit denial for
delinquent taxes, bonding provisions for sales tax and environmental
protection charge contested case decisions, costs associated with
contested case hearing, penalty for underpayment of corporation income
and franchise taxes, services subject to use tax, penalty for
underpayment of use tax, disclosure of tax return information, the
repeal of obsolete property tax provisions, and imposition of the drug
excise tax on unprocessed marijuana plants.
SSB 136
Communications & Information Policy
Relating to the Iowa communications network and authorizing the
state to own certain part III user connections and providing and
appropriation.
SSB 137
Judiciary
To create a criminal offense for violation of domestic abuse orders
as an alternative to contempt, establishing a mandatory minimum term of
confinement, and providing penalties.
SSB 138
Judiciary
Relating to consumer-related actions.
SSB 139
Judiciary
A Concurrent Resolution requesting the legislative council to
establish a committee to study Iowas domestic abuse law.
SSB 140
Judiciary
Relating to alimony.
SSB 141
Judiciary
Relating to the sentencing of criminal defendants, by requiring an
assessment of risk posed by a defendant to the presentence
investigations, by permitting the court to waive imposition of mandatory
minimum penalties for certain drug offenders, and providing for
imposition of alternative sentences within the parameters off the
indeterminate term established for an offense.
SSB 142
Ways & Means
Relating to the wagering tax on gambling games at pari-mutuel
racetrack enclosures.
SSB 143
Judiciary
Relating to expanded media coverage of judicial proceedings.
SSB 144
Judiciary
Relating to personal service of process on roommates.
SSB 145
Judiciary
Relating to remedies upon the dishonoring of a financial
instrument.
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 6
RULES AND ADMINISTRATION: Horn, Chair; Boswell and Kramer
Senate Joint Resolution 10
HUMAN RESOURCES: Bartz, Chair; Hammond and Hansen
Senate File 100
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Black, Chair; Rensink and
Sorensen
Senate File 104
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Black, Chair; Hedge and
Sorensen
Senate File 123
HUMAN RESOURCES: Dvorsky, Chair; Kramer and Vilsack
Senate File 127
RULES AND ADMINISTRATION: Horn, Chair; Bisignano and Kramer
Senate File 137
HUMAN RESOURCES: Szymoniak, Chair; Hammond and Tinsman
Senate File 138
RULES AND ADMINISTRATION: Horn, Chair; Gronstal and Rife
Senate File 140
JUDICIARY: Hansen, Chair; Boettger, Drake, Giannetto and Vilsack
Senate File 142
JUDICIARY: Giannetto, Chair; Bartz, Fraise, Maddox and Vilsack
SSB 128
JUDICIARY: Hansen, Chair; Bartz, Drake, Giannetto and Vilsack
SSB 129
JUDICIARY: Maddox, Chair; Giannetto, Hammond, McKean and Neuhauser
SSB 130
JUDICIARY: Bisignano, Chair; Drake, Giannetto, Redfern and Vilsack
SSB 131
JUDICIARY: McKean, Chair; Fraise, Giannetto, Redfern and Vilsack
SSB 132
JUDICIARY: Hammond, Chair; Boettger, Giannetto, Maddox and Vilsack
SSB 133
JUDICIARY: Redfern, Chair; Fraise, Giannetto, Maddox and Vilsack
SSB 137
JUDICIARY: Neuhauser, Chair; Bartz, Giannetto, Hammond and Maddox
SSB 138
JUDICIARY: Boettger, Chair; Fraise, Giannetto, Maddox and Vilsack
SSB 139
JUDICIARY: Szymoniak, Chair; Boettger, Drake, Giannetto and Vilsack
SSB 140
JUDICIARY: Vilsack, Chair; Bartz, Giannetto, Neuhauser and Redfern
SSB 141
JUDICIARY: Giannetto, Chair; Fraise, Maddox, McKean and Vilsack
COMMITTEE REPORT
STATE GOVERNMENT
Final Bill Action: SENATE FILE 152 (SSB 94), a bill for an act relating
to the name of those persons who engage in the practice of podiatry.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Gronstal, Kibbie, Bisignano, Dearden, Drake, Fink,
Giannetto, Halvorson and Lundby. Nays, none. Absent or not voting, 6:
Rittmer, Bennett, Connolly, Lind, McLaren and Sorensen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AFTERNOON SESSION
The Senate reconvened at 3:48 p.m., President Boswell presiding.
INTRODUCTION OF RESOLUTION
Senate Resolution 7, by committee on Rules and Administration, a
resolution relating to gubernatorial appointments requiring senate
confirmation.
Read first time and placed on calendar.
INTRODUCTION OF BILLS
Senate File 152, by committee on State Government, a bill for an
act relating to the name of those persons who engage in the practice of
podiatry.
Read first time and placed on calendar.
Senate File 153, by McKean, a bill for an act to provide for life
imprisonment for persons convicted of certain offenses.
Read first time and passed on file.
Senate File 154, by Neuhauser, a bill for an act relating to the
release of patient-identifiable date by health database organizations to
researchers under certain conditions.
Read first time and passed on file.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 132
On motion of Senator Szymoniak, Senate File 132, a bill for an act
relating to compensation for victims of crimes, by providing for
compensation to secondary victims of crimes and increasing the maximum
amount that may be recovered for loss of work income due to injuries
received by victims, was taken up for consideration.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Maddox for the remainder of the day on request of Senator
McKean and Senator Judge until she returns on request of Senator Horn.
BUSINESS PENDING
Senate File 132
Senator Szymoniak 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. 132) the vote was:
Ayes, 46:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hedge Horn
Husak Iverson Jensen Kibbie
Kramer Lind Lundby McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, none.
Absent or not voting, 4:
Fraise Hansen Judge Maddox
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 117
On motion of Senator Szymoniak, Senate File 117, a bill for an act
adopting a new uniform anatomical gift act and providing a penalty, was
taken up for consideration.
Senator Szymoniak 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. 117) the vote was:
Ayes, 47:
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
Kibbie Kramer Lind Lundby
McKean McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 3:
Hansen Judge Maddox
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 7, a resolution relating to
gubernatorial appointments requiring senate confirmation.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 9: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal,
Husak, Kramer and Lind. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 7.
Senate Resolution 7
On motion of Senator Gronstal, Senate Resolution 7, a resolution
relating to gubernatorial appointments requiring senate confirmation,
was taken up for consideration.
Senator Gronstal moved the adoption of Senate Resolution 7, which
motion prevailed by a voice vote.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
117 and 132 be immediately messaged to the House.
APPENDIX
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 151 Human Resources
S.F. 153 Judiciary
H.F. 133 Appropriations
REPORT OF STANDING COMMITTEE
(Place nominee on En Bloc Confirmation Calendar)
BUSINESS AND LABOR
Pursuant to Senate Rule 59, the committee on Business and Labor
assigned to investigate the following governors appointment, completed
its investigation on February 15, 1995, and recommended the appointee be
confirmed:
Kathryn A. Murphy as a member of the Job Service Advisory Council.
REPORT OF STANDING COMMITTEE
(Place nominee on Individual Confirmation Calendar)
BUSINESS AND LABOR
Pursuant to Senate Rule 59, the committee on Business and Labor
assigned to investigate the following governors appointment, completed
its investigation on February 15, 1995, and made no recommendation:
Derald L. Judson, Jr. as a member of the Employment Appeal Board.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 17, by committee on Judiciary, a
concurrent resolution requesting the legislative council to establish a
committee to study Iowas domestic abuse law.
Read first time under Rule 28 and placed on calendar.
INTRODUCTION OF BILLS
Senate File 155, by committee on Business and Labor Relations, a
bill for an act relating to employment services by eliminating wage
credit liability transfers and allowing all employers relief from
charges when an unemployment compensation overpayment is made and
providing an applicability date.
Read first time under Rule 28 and placed on calendar.
Senate File 156, by committee on Small Business, Economic
Development and Tourism, 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.
Read first time under Rule 28 and placed on calendar.
Senate File 157, by committee on Natural Resources, Environment and
Energy, a bill for an act relating to solid waste by eliminating the
polystyrene ban and providing an effective date.
Read first time under Rule 28 and placed on calendar.
Senate File 158, by committee on Transportation, a bill for an act
to provide conformity to the definition of travel trailers.
Read first time under Rule 28 and placed on calendar.
Senate File 159, by committee on Business and Labor Relations, a
bill for an act relating to the payment of wages to a suspended or
terminated employee under the Iowa wage payment collection law.
Read first time under Rule 28 and placed on calendar.
Senate File 160, by committee on Small Business, Economic
Development and Tourism, a bill for an act relating to establishing a
local housing development program under the Iowa finance authority,
authorizing the issuance of bonds to fund the program, and authorizing a
city, county, or municipal housing agency to develop, own, and manage a
local housing project.
Read first time under Rule 28 and placed on calendar.
COMMITTEE REPORTS
BUSINESS AND LABOR
Final Bill Action: SENATE FILE 155 (SSB 90), a bill for an act relating
to employment services by eliminating wage credit liability transfers
and allowing all employers relief from charges when an unemployment
compensation overpayment is made and providing an applicability date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 7: Dearden, Gettings, Freeman, Connolly, Dvorsky,
Giannetto and Hammond. Nays, none. Absent or not voting, 3: Banks,
Iverson and Maddox.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 159 (SSB 65), a bill for an act relating
to the payment of wages to a suspended or terminated employee under the
Iowa wage payment collection law.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 7: Dearden, Gettings, Freeman, Connolly, Dvorsky,
Giannetto and Hammond. Nays, none. Absent or not voting, 3: Banks,
Iverson and Maddox.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: SENATE FILE 108, a bill for an act to provide for the
six-year revocation of licenses for persons who unintentionally cause
the death of another while driving recklessly or eluding a police
officer.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Giannetto, McKean, Bartz, Bisignano, Boettger,
Fraise, Halvorson, Hammond and Maddox, Redfern and Szymoniak. Nays, 1:
Vilsack. Absent or not voting, 3: Drake, Hansen and Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 130, a bill for an act relating to
limiting the manner in which an order appointing a guardian or
conservator is subject to attack by third parties.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Fraise, Halvorson, Hammond and Maddox, Redfern and Szymoniak.
Nays, none. Absent or not voting, 3: Drake, Hansen and Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE CONCURRENT RESOLUTION 17 (SSB 139), a bill for
an act relating to establishing a legislative domestic abuse study
committee.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 10: Giannetto, Vilsack, McKean, Bartz, Boettger,
Halvorson, Hammond, Maddox, Redfern and Szymoniak. Nays, none. Absent or
not voting, 5: Bisignano, Drake, Fraise, Hansen and Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 157 (SSB 64), a bill for an act relating
to solid waste by eliminating the polystyrene ban and providing an
effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Fink, Lundby, Banks, Dearden, Freeman, Gronstal,
Hedge, Priebe, Rensink and Sturgeon. Nays, none. Absent or not voting,
5: Black, Borlaug, Deluhery, Judge and Kibbie.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Final Bill Action: *SENATE FILE 156 (formerly Senate File 111), 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 retroactive applicability date provisions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Hansen, Judge, Boettger, Flynn, Giannetto, Kibbie,
Palmer, Sorensen, Szymoniak and Vilsack. Nays, none. Absent or not
voting, 5: Zieman, Bennett, Borlaug, Maddox and McKean.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Small Business,
Economic Development, and Tourism Committee on Senate File 156 and they
were attached to the committee report.
ALSO:
Final Bill Action: SENATE FILE 160 (formerly Senate File 113) a bill for
an act relating to establishing a local housing development program
under the Iowa finance authority, authorizing the issuance of bonds to
fund the program, and authorizing a city, county, or municipal housing
agency to develop, own, and manage a local housing project.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Hansen, Judge, Boettger, Flynn, Giannetto, Kibbie,
Palmer, Sorensen, Szymoniak and Vilsack. Nays, none. Absent or not
voting, 5: Zieman, Bennett, Borlaug, Maddox and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
TRANSPORTATION
Final Bill Action: SENATE FILE 158 (SSB 83), a bill for an act to
provide conformity to the definition of travel trailers.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Gettings, Fraise, Drake, Connolly, Dearden, Fink,
Halvorson, Jensen and Lind. Nays, none. Absent or not voting, 3: Black,
Douglas and Rittmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-3060 S.F. 124 Johnie Hammond
S-3061 S.F. 150 Merlin E. Bartz
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 4:54 p.m., until
9:00 a.m., Thursday, February 16, 1995.
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Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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