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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.
| Previous Day: Thursday, February 23 | Next Day: Tuesday, February 28 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
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