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FIFTY-FIRST CALENDAR DAY
THIRTY-FIRST SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, February 28, 1995
The Senate met in regular session at 9:06 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Dennis Zuber, faculty member of
the Faith Baptist Bible College, Ankeny, Iowa.
The Journal of Monday, February 27, 1995, was approved.
INTRODUCTION OF BILL
Senate File 215, by Black, a bill for an act relating to
agricultural management account moneys and county grants for private
rural water well, testing, sealing, and closure.
Read first time and passed on file.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced that the assignment of the following
bills to committee:
S.F. 213 Transportation
S.F. 214 Transportation
S.R. 9 Human Resources
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 85
On motion of Senator Priebe, Senate File 85, a bill for an act
providing for the regulation of domestic deer and making penalties
applicable, was taken up for consideration.
Senator Black offered amendment S-3073 filed by him on February 22,
1995, to page 1 and the title page of the bill and moved its adoption.
Amendment S-3073 was adopted by a voice vote.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Kramer and Redfern until they arrive on request of Senator
Rife.
BUSINESS PENDING
Senate File 85
The Senate resumed consideration of Senate File 85.
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? (S.F. 85) the vote was:
Ayes, 45:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Lind Lundby Maddox
McKean McLaren Neuhauser Palmer
Priebe Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 5:
Fraise Kibbie Kramer Murphy
Redfern
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senate File 5
On motion of Senator Connolly, Senate File 5, a bill for an act
relating to the appointment and employment of the director of the
department of education and enacting a transitional provision, with
report of committee recommending passage, was taken up for
consideration.
Senator Lind asked and received unanimous consent that action on
Senate File 5 be deferred.
Senate File 98
On motion of Senator Bisignano, Senate File 98, a bill for an act
relating to the preservation of the Iowa state capitol, with report of
committee recommending passage, was taken up for consideration.
Senator Bisignano 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. 98) 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 Kramer
Lind Lundby Maddox McKean
McLaren Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Murphy
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 10
On motion of Senator Kibbie, Senate File 10, a bill for an act
relating to the appointment and senate confirmation of the executive
director of the office of the state board of regents and providing an
effective date, with report of committee recommending passage, was taken
up for consideration.
Senator Rife asked and received unanimous consent that action on
Senate File 10 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
85 and 98 be immediately messaged to the House.
RECESS
On motion of Senator Horn, the Senate recessed at 9:31 a.m., until
3:30 p.m.
APPENDIX
REPORT OF COMMITTEE MEETING
WAYS AND MEANS
Convened: February 27, 1995, 4:45 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, Murphy,
Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: McLaren.
Committee Business: Recommended passage of Senate File 156 as amended;
recommended passage of Senate File 160.
Adjourned: 5:24 p.m.
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
enrolling Senate File 84, the following corrections were made:
1. Page 3, line 20, the word medicare was changed to the word
Medicare.
2. Page 3, line 34, the word medicare was changed to the word
Medicare.
3. Page 8, line 4, the word medicare was changed to the word
Medicare.
4. Page 13, line 33, the word medicare was changed to the word
Medicare.
JOHN F. DWYER Secretary of the Senate
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MR. PRESIDENT: The Secretary of the Senate respectfully reports
that the following bill has been enrolled, signed by the President of
the Senate and the Speaker of the House, and presented to the Governor
for his approval on this 28th day of February, 1995:
Senate File 84.
JOHN F. DWYER Secretary of the Senate
REPORT OF STANDING COMMITTEE
(Place nominee on En Bloc Confirmation Calendar)
AGRICULTURE
Pursuant to Senate Rule 59, the committee on Agriculture assigned
to investigate the following governors appointment, completed its
investigation on February 28, 1995, and recommended the appointee be
confirmed:
Kenneth W. McNichols as a member of the State Soil Conservation
Committee.
CERTIFICATE OF RECOGNITION
The secretary of the senate issued the following certificate of
recognition:
Cedar Rapids Prairie High School Wrestling Team and Coach Ron
Peterson - For placing first in the 1995 Class 3-A Iowa State Wrestling
Championships. Senator Dvorsky (2-27-95).
RESOLUTION ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following
resolution to committee on February 27, 1995:
S.C.R. 19 Human Resources
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE FILE 79, a bill for an act relating to the
transfer of dogs to educational and scientific institutions by pounds.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Priebe, Judge, Bartz, Banks, Black, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Palmer, Sorensen and
Zieman. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
HUMAN RESOURCES
Final Bill Action: SENATE CONCURRENT RESOLUTION 19, a concurrent
resolution designating March 1995 as Iowa Womens History Month.
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.
JUDICIARY
Final Bill Action: SENATE FILE 140, a bill for an act relating to
legalize 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.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Redfern and
Szymoniak. Nays, none. Absent or not voting, 1: Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: 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.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3078.
Final Vote: Ayes, 12: Palmer, Husak, Bennett, Deluhery, Drake, Freeman,
Hedge, Iverson, Murphy, Neuhauser, Szymoniak and Vilsack. Nays, 2:
Connolly and Priebe. Absent or not voting, 1: McLaren.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 160, 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: DO PASS.
Final Vote: Ayes, 10: Palmer, Husak, Bennett, Connolly, Deluhery,
Freeman, Murphy, Neuhauser, Szymoniak and Vilsack. Nays, 4: Drake,
Hedge, Iverson and Priebe. Absent or not voting, 1: McLaren.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
STUDY BILLS RECEIVED
SSB 200
Local Government
Relating to the disposition of valueless mobile homes, modular
homes, and manufactured homes.
SSB 201
Local Government
Creating a courthouse security fund, imposing courthouse security
fees as a court cost, and providing for the purchase and maintenance of
courthouse security equipment and the administration of the courthouse
security fund.
SSB 202
Local Government
Relating to the assessment of certain public improvement costs to
abutting property at the request of the property owner.
SSB 203
Agriculture
Relating to notice requirements required for work involving
drainage and levee districts and water districts.
SSB 204
Business & Labor
Concerning drug testing of employees and applicants for employment
and making penalties applicable.
SSB 205
Business & Labor
Relating to public employee collective bargaining agreements
concerning public employees excluded from coverage under chapter 20,
providing for unrepresented state employees, and relating to the factors
arbitrators consider in binding arbitration for public employees.
SSB 206
Small Business, Economic Development & Tourism
Relating to a royalties income tax credit for purposes of
individual and corporate state income tax and providing an applicability
date.
SSB 207
Small Business, Economic Development & Tourism
Relating to the development of housing for low or moderate income
families in urban renewal areas, including an applicability date
provision.
SSB 208
Education
Relating to the Iowa arts and cultural enhancement and endowment
program and foundation.
SSB 209
Commerce
Relating to the prepayment of loans sold into the agricultural
mortgage secondary market by providing for interest and penalties.
SSB 210
Commerce
Relating to delinquency charges on credit cards used to purchase or
lease goods or services from less than one hundred persons not related
to the card issuer.
SSB 211
Commerce
Relating to health care and health care coverage by establishing a
health education and advocacy program, by requiring certain disclosure
by providers of health care coverage, prohibiting the use of premium
income for certain purposes, and establishing complaint procedures.
SSB 212
Commerce
Relating to electronic transfer of funds and establishing certain
requirements for full-function point-of-sale terminals and electronic
funds transfer facilities owned by a national card association, and
establishing a civil penalty.
SSB 213
Commerce
Relating to the regulation of state banks and other financial
institutions by the division of banking of the department of commerce.
SSB 214
Natural Resources, Environment & Energy
Relating to the powers and duties of the department of natural
resources by authorizing the use of certain revenue to repay loans
related to sewage collection and treatment plants in state parks and
recreation areas.
SSB 215
Ways & Means
Relating to classes of property exempt from taxation and providing
effective and applicability date provisions.
SSB 216
Human Resources
Relating to the family investment program and related human
services programs by requiring the department of human services to apply
for certain federal waivers and providing applicability provisions.
SSB 217
Judiciary
Relating to the assisting of suicide and providing criminal
penalties and civil causes of action.
SSB 218
Judiciary
A Joint Resolution proposing an amendment to the Constitution of
the State of Iowa to provide certain rights to victims of crime.
SSB 219
Judiciary
Relating to the exemption for attorneys who have provided abstract
services under the title guaranty program.
SSB 220
Judiciary
Relating to temporary restricted permits to operate a motor vehicle
by certain drug-related offenders.
SSB 221
Judiciary
Increasing the fee for a marriage license and providing for the
disposition of the funds to county attorneys providing assistance to
domestic abuse plaintiffs.
SSB 222
Judiciary
Relating to the use or possession of alcohol or marijuana in the
commission of a public offense, by eliminating accommodation offenses
for possession or delivery of one ounce or less of marijuana, by
providing for minimum periods of licensed revocation, by prohibiting the
receipt of deferred judgements or deferred sentences by persons
convicted of the offense of operating while intoxicated, by eliminating
the restitution limit for the offense of operating while intoxicated, by
making implied consent for chemical testing applicable to the offense of
operation of a watercraft while intoxicated, by providing for forfeiture
of motor vehicles used in third or subsequent operating while
intoxicated offenses, and by providing penalties and other related
matters.
SSB 223
Judiciary
Relating to discriminatory employment practices towards individuals
with disabilities and making penalties applicable and providing an
effective date.
SSB 224
Judiciary
Relating to establishing an expedited procedure for the eviction of
drug traffickers and providing penalties.
SUBCOMMITTEE ASSIGNMENTS
Senate Concurrent Resolution 19
HUMAN RESOURCES: Szymoniak, Chair; Bartz and Hansen
Senate File 171
COMMERCE: Hansen, Chair; Gettings and Lundby
Senate File 181
WAYS AND MEANS: Priebe, Chair; Deluhery and Hedge
Senate File 183
COMMERCE: Hansen, Chair; Bisignano, Freeman, Gronstal, Jensen, Palmer
and Redfern
Senate File 188
BUSINESS AND LABOR: Dearden, Chair; Banks and Gettings
Senate File 191
LOCAL GOVERNMENT: Sorensen, Chair; Judge and Rittmer
Senate File 194
LOCAL GOVERNMENT: Sorensen, Chair; Judge and Rittmer
Senate File 196
BUSINESS AND LABOR: Dvorksy, Chair; Dearden and Iverson
Senate File 198
LOCAL GOVERNMENT: Fraise, Chair; Fink and Zieman
Senate File 199
JUDICIARY: Neuhauser, Chair; Boettger, Giannetto, Maddox and Vilsack
Senate File 213
TRANSPORTATION: Jensen, Chair; Black and Gettings
Senate File 214
TRANSPORTATION: Fraise, Chair; Gettings and Jensen
SSB 193
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Vilsack, Chair;
Bennett and Giannetto
SSB 194
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Palmer, Chair; McKean
and Sorensen
SSB 195
BUSINESS AND LABOR: Dearden, Chair; Dvorsky and Maddox
SSB 196
BUSINESS AND LABOR: Connolly, Chair; Freeman and Hammond
SSB 197
BUSINESS AND LABOR: Giannetto, Chair; Banks and Dearden
SSB 200
LOCAL GOVERNMENT: Fraise, Chair; Judge and Rittmer
SSB 201
LOCAL GOVERNMENT: Black, Chair; Halvorson and Maddox
SSB 202
LOCAL GOVERNMENT: Fink, Chair; Judge and McKean
SSB 204
BUSINESS AND LABOR: Dearden, Chair; Freeman and Gettings
SSB 205
BUSINESS AND LABOR: Dearden, Chair; Gettings and Iverson
SSB 206
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Szymoniak, Chair;
Palmer and Zieman.
SSB 207
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Kibbie, Chair;
Borlaug and Sorensen
SSB 209
COMMERCE: Husak, Chair; Jensen and Priebe
SSB 210
COMMERCE: Redfern, Chair; Bisignano and Deluhery
SSB 211
COMMERCE: Gronstal, Chair; Bisignano, Freeman, Hansen, Jensen, Palmer
and Redfern
SSB 212
COMMERCE: Deluhery, Chair; Douglas and Flynn
SSB 213
COMMERCE: Deluhery, Chair; Douglas and Flynn
SSB 214
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Black, Chair; Dearden and
Lundby
SSB 217
JUDICIARY: Bartz, Chair; Boettger, Fraise, Giannetto and Vilsack
SSB 218
JUDICIARY: Hansen, Chair; Bartz, Giannetto, Redfern and Vilsack
SSB 219
JUDICIARY: Fraise, Chair; Giannetto, Maddox, Redfern and Vilsack
SSB 220
JUDICIARY: Vilsack, Chair; Boettger, Fraise, Giannetto and McKean
SSB 221
JUDICIARY: Hammond, Chair; Bartz, Giannetto, Maddox and Szymoniak
SSB 222
JUDICIARY: Fraise, Chair; Boettger, Giannetto, McKean and Vilsack
SSB 223
JUDICIARY: Maddox, Chair; Bartz, Fraise, Giannetto and Vilsack
SSB 224
JUDICIARY: Bisignano, Chair; Drake, Giannetto, Redfern and Vilsack
House File 2
JUDICIARY: Bisignano, Chair; Giannetto, Maddox, McKean and Vilsack
House File 128
LOCAL GOVERNMENT: Fraise, Chair; Judge and Zieman
AFTERNOON SESSION
The Senate reconvened at 3:49 p.m., President Boswell presiding.
INTRODUCTION OF BILLS
Senate File 216, by Banks and Freeman, a bill for an act relating
to arbitrator considerations in binding arbitration of public employment
collective bargaining disputes.
Read first time and passed on file.
Senate File 217, by Deluhery, a bill for an act relating to the
membership and method of appointment of the statewide police and fire
retirement system and providing an effective date.
Read first time and passed on file.
Senate File 218, by Connolly, Gronstal, and Vilsack, a bill for an
act relating to supervision of licensed dental hygienists by licensed
dentists.
Read first time and passed on file.
Senate File 219, by Kibbie, a bill for an act relating to the
definition of designated person for purposes of the family farm tax
credit and providing effective and applicability dates.
Read first time and passed on file.
Senate File 220, by Hammond, Sorensen, and Zieman, a bill for an
act relating to the method of selection of township clerks and trustees
and providing transition provisions.
Read first time and passed on file.
Senate File 221, by Bartz, a bill for an act relating to the
failure to yield.
Read first time and passed on file.
APPENDIX
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 212 Appropriations
S.F. 215 Natural Resources
S.F. 216 Business and Labor
S.F. 217 State Government
S.F. 218 Human Resources
S.F. 219 Ways and Means
S.F. 220 Local Government
S.F. 221 Transportation
S.J.R. 14 State Government
COMMITTEE REPORTS
HUMAN RESOURCES
Final Bill Action: SENATE FILE 223 (SSB 51), a bill for an act providing
for notification of certain persons receiving public assistance of tax
suspension provisions.
Recommendation: APPROVED COMMITTEE BILL.
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.
LOCAL GOVERNMENT
Final Bill Action: SENATE FILE 176, a bill for an act relating to the
filing of intergovernmental agreements for the joint exercise of
governmental powers in certain counties.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
McKean and Rittmer. Nays, none. Absent or not voting, 2: Judge and
Zieman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF BILLS
Senate File 222, by Giannetto, a bill for an act relating to the
possession of an actual or simulated explosive or incendiary device and
providing penalties.
Read first time under Rule 28 and passed on file.
Senate File 223, by committee on Human Resources, a bill for an act
providing for notification of certain persons receiving public
assistance of tax suspension provisions.
Read first time under Rule 28 and placed on calendar.
AMENDMENTS FILED
S-3078 S.F. 156 Ways and Means
S-3079 S.F. 174 Robert Dvorsky
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 3:50 p.m., until
9:00 p.m., Wednesday, March 1, 1995.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 1)
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