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FIFTIETH CALENDAR DAY THIRTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, February 27, 1995 The Senate met in regular session at 2:29 p.m., President Boswell presiding. Prayer was offered by the Reverend Bruce Rulapaugh, pastor of the Grace Baptist Church, Sheffield, Iowa. The Journal of Thursday, February 23, 1995, was approved. INTRODUCTION OF BILL Senate File 210, by Bennett, a bill for an act creating a lien arising from the care and feeding of livestock in a custom cattle feedlot. Read first time and passed on file. 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 23, 1995, passed the following bill in which the concurrence of the Senate is asked: 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. This bill was 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 46 present, 4 absent and a quorum present. CONSIDERATION OF BILLS (Regular Calendar) Senate File 159 On motion of Senator Giannetto, Senate File 159, a bill for an act relating to the payment of wages to a suspended or terminated employee under the Iowa wage payment collection law, was taken up for consideration. Senator Giannetto 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. 159) the vote was: Ayes, 48: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden 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: Deluhery Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 175 On motion of Senator Flynn, Senate File 175, a bill for an act relating to the definition of the federal Truth in Lending Act in the Iowa consumer credit code, was taken up for consideration. Senator Flynn 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. 175) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden 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: Deluhery The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 142 On motion of Senator Giannetto, Senate File 142, a bill for an act establishing felonious child endangerment as a nonbailable offense, with report of committee recommending passage, was taken up for consideration. Senator Giannetto offered amendment S-3075 filed by him on February 23, 1995, to page 1 of the bill and moved its adoption. Amendment S-3075 was adopted by a voice vote. Senator Giannetto 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. 142) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden 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: Deluhery 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 142, 159 and 175 be immediately messaged to the House. The Senate stood at ease at 2:52 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 4:20 p.m., President Boswell presiding. INTRODUCTION OF RESOLUTION Senate Resolution 9, by Tinsman, Rife, Rittmer, Drake, and Deluhery, a senate resolution recognizing the 100th anniversary of the founding of the chiropractic profession. Read first time and passed on file. Senate Concurrent Resolution 19, by Szymoniak and Redfern, a concurrent resolution designating March 1995 as Iowa Womens History Month. Read first time and passed on file. INTRODUCTION OF BILLS Senate File 211, by Giannetto, a bill for an act relating to making false reports to law enforcement agencies, making spurious calls to emergency 911 communications centers, or providing false information on citations and establishing penalties and providing a conditional effective date. Read first time and passed on file. Senate File 212, by Banks, a bill for an act providing for special motor vehicle registration plates for education, establishing an Iowa education transportation enhancement fund, and providing an effective date. Read first time and passed on file. Senate File 213, by Murphy, a bill for an act relating to handicapped parking and providing a penalty. Read first time and passed on file. The Senate stood at ease at 4:22 p.m. until the fall of the gavel. The Senate resumed session at 4:40 p.m., President pro tempore Bisignano presiding. 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. 40 State Government S.F. 209 Ways and Means INTRODUCTION OF BILL Senate File 214, by Connolly, a bill for an act to provide greater protection for consumers who purchase or lease motor vehicles and providing effective dates. Read first time and passed on file. APPENDIX PETITIONS Petitions 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) were presented and placed on file by: Senators Banks and Freeman from 486 residents of Senate Districts 2 and 5. Senator Rensink from 102 residents of Sioux and Osceola Counties. Senator Sorensen from 1,054 residents of Boone, Greene and Carroll Counties. The following petitions opposing reinstatement of the death penalty were presented and placed on file by: Senator Szymoniak from 90 residents of Black Hawk County. Senator Szymoniak from 46 residents of Polk County. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: February 23, 1995, 9:25 a.m. Members Present: Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Bisignano, Black, Borlaug, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Members Absent: Murphy, Chair; Douglas and Iverson (all excused). Committee Business: Recommended passage of Senate Resolution 8. Adjourned: 9:32 a.m. EDUCATION Convened: February 23, 1995, 1:39 p.m. Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind, Neuhauser, Rensink, Szymoniak and Tinsman. Members Absent: Murphy (excused). Committee Business: Approved SSBs 84, 95 and 122 as committee bills. Adjourned: 2:00 p.m. HUMAN RESOURCES Convened: February 23, 1995, 11:03 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: Recommended passage of House File 41; approved SSBs 28, 61 and 185 as committee bills. Adjourned: 11:59 a.m. STATE GOVERNMENT Convened: February 23, 1995, 11:08 a.m. Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Members Absent: none. Committee Business: Approved SSBs 100 and 174 as committee bills; recommended passage of Senate Files 5, 10 and 94. Adjourned: 11:35 a.m. WAYS AND MEANS Convened: February 23, 1995, 10:05 a.m. Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Neuhauser, Priebe, Szymoniak and Vilsack. Members Absent: Murphy (excused). Committee Business: Assigned bills to subcommittees; recommended passage of Senate File 18 as amended; deferred action on Senate Files 156 and 160; approved SSB 71 as a committee bill. Adjourned: 11:00 a.m. REPORTS OF STANDING COMMITTEE (Place nominees on En Bloc Confirmation Calendar) HUMAN RESOURCES Pursuant to Senate Rule 59, the committee on Human Resources assigned to investigate the following governors appointments, completed its investigations on February 23, 1995, and recommended the appointees be confirmed: Dr. Rick D. Wilkerson as a member of the Athletic Trainer Advisory Board. Ann E. Kaven and John A. Kolosky as members of the Community Health Management Information System Governing Board. Sharon Blair and Gilbert C. Hoogendoorn as members of the Mental Health and Developmental Disabilities Commission. COMMUNICATION FROM THE GOVERNOR The following communication from the governor was received and placed on file on February 21, 1995: February 15, 1995 Mr. John Dwyer Secretary of the Senate State Capitol Building L O C A L Dear Secretary Dwyer: Due to the resignation of Paul J. Leinen, Jr. from the State Judicial Nominating Commission, I am withdrawing his name for consideration by the Senate for this appointment. Sincerely, TERRY E. BRANSTAD Governor CERTIFICATE OF RECOGNITION The secretary of the senate issued the following certificate of recognition: Elizabeth Turner, Fayette - For celebrating her 100th birthday. Senator Murphy (2-6-95). STUDY BILLS RECEIVED SSB 193 Small Business, Economic Development & Tourism Relating to economic development by requiring the consolidation of the funding for economic development programs and the establishment of an economic development program clearinghouse. SSB 194 Small Business, Economic Development & Tourism Relating to economic development by establishing a workforce development fund, providing for the transfer of certain employer withholding amounts to the workforce development fund, establishing a loan loss reserve program, and providing for an employee development grant program. SSB 195 Business & Labor Relating to unemployment related benefits for workers replaced by permanent replacement employees and providing and effective date. SSB 196 Business & Labor Relating to asbestos removal by providing for accreditation of training programs and requiring training for certain asbestos abatement workers. SSB 197 Business & Labor Relating to employers and employees under the Iowa wage payment collection law. SSB 198 State Government Providing that certain new public and nonpublic school building construction requires installation of automatic sprinkler systems. SSB 199 State Government Relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowas election laws. SUBCOMMITTEE ASSIGNMENTS Senate File 184 STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen Senate File 187 STATE GOVERNMENT: Kibbie, Chair; Drake and Giannetto Senate File 192 STATE GOVERNMENT: Kibbie, Chair; Connolly and Lind Senate File 193 TRANSPORTATION: Fink, Chair; Connolly and Douglas Senate File 197 STATE GOVERNMENT: Sorensen, Chair; Bennett and Halvorson House Concurrent Resolution 14 STATE GOVERNMENT: Fink, Chair; Giannetto and McLaren SSB 190 COMMUNICATIONS AND INFORMATION POLICY: Dvorsky, Chair; Deluhery and McLaren SSB 198 STATE GOVERNMENT: Dearden, Chair; Connolly and Lundby SSB 199 STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen COMMITTEE REPORT (CORRECTED FROM 2/23/95) LOCAL GOVERNMENT Final Bill Action: *SENATE FILE 179 (formerly Senate File 80), a bill for an act increasing for a limited time period the maximum property tax levy for certain county hospitals. 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. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Local Government Committee on Senate File 179 and they were attached to the committee report. BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.F. 200 Natural Resources S.F. 210 Agriculture H.F. 2 Judiciary INTRODUCTION OF BILL Senate Joint Resolution 14, by Halvorson, a joint resolution ratifying a proposed balanced budget amendment to the Constitution of the United States. Read first time under rule 28 and passed on file. ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 4:42 p.m., until 9:00 a.m., Tuesday, February 28, 1995.
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