Iowa General Assembly Banner


Previous Day: Tuesday, February 28Next Day: Thursday, March 2
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Senate Journal: Wednesday, March 1, 1995

                            FIFTY-SECOND CALENDAR DAY

                            THIRTY-SECOND SESSION DAY

                                 Senate Chamber

                   Des Moines, Iowa, Wednesday, March 1, 1995



         The Senate met in regular session at 9:08 a.m., President Boswell
    presiding.

         Prayer was offered by the Reverend Larry Prosser, pastor of the
    Faith United Methodist Church, Russell, Iowa.

         The Journal of Tuesday, February 28, 1995, was approved.



                                   QUORUM CALL

         Senator Horn requested a non record roll call to determine that a
    quorum was present.

         The vote revealed 49 present, 1 absent and a quorum present.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Jensen until he arrives on request of President Boswell.



                               SPECIAL RECOGNITION

         Senator Kibbie presented Senate Page Christine Ingraham from
    Milford, Iowa. Christine has been active in debate, speech and drama in
    the Okoboji Community Schools and has displayed outstanding talents in
    these areas. Christine will compete in the National Forensic League
    Tournament of Champions in Fort Lauderdale, Florida in June, 1995, for
    her dramatic abilities.

         Senator Kibbie presented her with a Senate Certificate of
    Recognition.
                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration Senate Concurrent Resolution 19.

    Senate Concurrent Resolution 19

         On motion of Senator Szymoniak, Senate Concurrent Resolution 19, a
    concurrent resolution designating March 1995 as Iowa Womens History
    Month, with report of committee recommending passage, was taken up for
    consideration.
         Senator Szymoniak moved the adoption of Senate Concurrent
    Resolution 19, which motion prevailed by a voice vote.



                              INTRODUCTION OF BILL

         Senate File 224, by committee on Human Resources, a bill for an act
    requiring protective headgear for motorcyclists and providing penalties.

         Read first time and placed on calendar.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that Senate
    Concurrent Resolution 19 be immediately messaged to the House.



                                     RECESS

         On motion of Senator Horn, the Senate recessed at 9:37 a.m., until
    3:30 p.m.
                                    APPENDIX



                          REPORTS OF COMMITTEE MEETINGS

    SENATE APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION

    Convened: February 28, 1995, 4:00 p.m.

    Members Present: Judge, Chair; Sorensen, Vice Chair; Bartz, Ranking
    Member and Lundby.

    Members Absent: Horn (excused).

    Committee Business: Budget discussion.

    Adjourned: 5:15 p.m.



    SENATE APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

    Convened: February 28, 1995, 3:45 p.m.

    Members Present: Vilsack, Chair; Bisignano, Vice Chair; Borlaug, Ranking
    Member; Hansen and Zieman.

    Members Absent: none.

    Committee Business: Discussed funding recommendations.

    Adjourned: 4:15 p.m.



    SENATE APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

    Convened: February 28, 1995, 4:00 p.m.

    Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking
    Member; Deluhery and Rittmer.

    Members Absent: none.

    Committee Business: Discussed budget bill and intent language.

    Adjourned: 4:50 p.m.



    AGRICULTURE

    Convened: February 28, 1995, 8:01 a.m.
    Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
    Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
    McLaren, Palmer, Sorensen and Zieman.

    Members Absent: none.

    Committee Business: Recommended passage of Senate File 79; recommended
    confirmation of governors appointee; approved proposed committee
    resolution regarding wetlands.

    Adjourned: 8:30 a.m.



    COMMERCE

    Convened: February 28, 1995, 2:37 p.m.

    Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
    Member; Bisignano, Douglas, Flynn, Freeman, Gronstal, Hedge, Husak and
    Redfern.

    Members Absent: Gettings, Lundby, Palmer and Priebe.

    Committee Business: Assigned bills to subcommittees.

    Adjourned: 2:40 p.m.



    HUMAN RESOURCES

    Convened: February 28, 1995, 11:10 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: Approved SSB 51 as a committee bill; recommended
    passage of Senate Concurrent Resolution 19; amended and approved SSB 54
    as a committee bill.

    Adjourned: 11:49 a.m.



    JUDICIARY

    Convened: February 28, 1995, 10:05 a.m.
    Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
    Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
    Hansen, Maddox, Neuhauser, Redfern and Szymoniak.

    Members Absent: none.

    Committee Business: Recommended passage of Senate File 140; deferred
    action on SSB 42.

    Adjourned: 10:20 a.m.



    LOCAL GOVERNMENT

    Convened: February 28, 1995, 2:35 p.m.

    Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
    Member; Black, Fraise, Halvorson, McKean, Rittmer and Zieman.

    Members Absent: Judge (excused).

    Committee Business: Assigned bills to subcommittees; recommended passage
    of Senate File 176; approved SSBs 82, 163, 165, 169 and 200 as committee
    bills.

    Adjourned: 2:57 p.m.



    STATE GOVERNMENT

    Convened: February 28, 1995, 11:07 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: Preliminary approval of SSBs 102 and 152; Senate
    File 65 failed recommendation for passage; assigned bills to
    subcommittees.

    Adjourned: 12:02 p.m.



                 REPORT OF THE COMMITTEE ON MEMORIAL RESOLUTIONS

         MR. PRESIDENT: The committee on memorial resolutions has
    ascertained the names of former members of the Senate who have become
    deceased and appoints the following committee to prepare a memorial
    resolution:

         CHARLES BALLOUN: Husak, Chair; Giannetto and Jensen
         FRANCIS MESSERLY: Redfern, Chair; Husak and Lind

         JACK MILLER: Banks, Chair; Hansen and Bennett

         DALE L. TIEDEN: Priebe, Chair; Murphy and Zieman

         EDWARD A. WEARIN: McLaren, Chair; Boswell and Gronstal


    WILLIAM D. PALMER, Chair
    BERL E. PRIEBE BRAD BANKS NANCY BOETTGER

                           CERTIFICATE OF RECOGNITION

         The secretary of the senate issued a certificate of recognition as
    follows:

         Christine Ingraham, Milford - For qualifying for Tournment of
    Champions National Forensic League Tournament to be held in Fort
    Lauderdale, Florida,  June 18-26, 1995. Senator Kibbie (2-27-95).



                              STUDY BILLS RECEIVED

    SSB 225
         Commerce

         Relating to delayed deposit services businesses and providing
    penalties.

    SSB 226
         Commerce

         Providing for the reincorporation of nonprofit corporations and
    providing for retroactive applicability and effective dates.

    SSB 227
         Commerce

         Relating to limitations on the acquisition of banks, savings and
    loan associations, and savings banks by bank holding companies.

    SSB 228
         Judiciary

         Relating to attorneys fees in domestic abuse actions.
                            SUBCOMMITTEE ASSIGNMENTS

                                 Senate File 216

    BUSINESS AND LABOR: Dearden, Chair; Gettings and Maddox

                                     SSB 216

    HUMAN RESOURCES: Szymoniak, Chair; Kramer and Vilsack

                                     SSB 225

    COMMERCE: Redfern, Chair; Gronstal and Palmer

                                     SSB 226

    COMMERCE: Deluhery, Chair; Husak and Redfern

                                     SSB 227

    COMMERCE: Bisignano, Chair; Douglas and Palmer



                                COMMITTEE REPORTS

    AGRICULTURE

    Final Bill Action: SENATE CONCURRENT RESOLUTION 20 (LSB 2531), a
    concurrent resolution in support of improvement in the wetland
    delineation process and a moratorium on wetlands determination until the
    1995 farm bill has been passed and signed into the law by the Congress
    and the President.

    Recommendation: APPROVED COMMITTEE RESOLUTION.

    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 FILE 224 (SSB 54), a bill for an act
    requiring protective headgear for motorcyclists and providing penalties.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 7: Szymoniak, Hammond, Boettger, Dvorksy. Kramer,
    Neuhauser and Tinsman. Nays, 2: Bartz and Vilsack. Pass, 1: Hansen.
    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 Human Resources
    Committee on Senate File 224 and they were attached to the committee
    report.



    LOCAL GOVERNMENT

    Final Bill Action: SENATE FILE 225 (SSB 165), a bill for an act
    eliminating requirements for competitive bids regarding the priting of
    election ballots.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 8: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
    McKean, Rittmer. Nays, none. Absent or not voting, 2: Judge and Zieman.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 226 (SSB 200), a bill for an act relating
    to the disposition of valueless mobile homes, modular homes, and
    manufactured homes.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 8: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
    McKean and Rittmer. Nays, none. Pass, 1: Zieman. Absent or not voting,
    1: Judge.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 227 (SSB 169), a bill for an act
    providing for the compilation and dissemination of jail population
    reports.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
    McKean, Rittmer and Zieman. Nays, none. Absent or not voting, 1: Judge.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 228 (SSB 82), a bill for an act relating
    to the statewide notification center by providing that the center is
    subject to the open meetings and public records law, requiring certain
    financial information to be reported, establishing an audit requirement,
    and providing a penalty.
    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 8: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
    McKean, Rittmer. Nays, none. Absent or not voting, 2: Judge and Zieman.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 229 (SSB 163), a bill for an act
    eliminating certain requirements regarding the purchase of coal by
    public agencies.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 8: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
    McKean, Rittmer. Nays, none. Absent or not voting, 2: Judge and Zieman.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                                AMENDMENTS FILED


         S-3080        S.F.          178           Johnie Hammond
         S-3081        S.F.          174           Steven D. Hansen
         S-3082        S.F.          69            House amendment
         S-3083        S.F.          156           Tom Vilsack
         S-3084        S.F.          160           Merlin E. Bartz
                                AFTERNOON SESSION

         The Senate reconvened at 3:36 p.m., President Boswell presiding.



                           INTRODUCTION OF RESOLUTION

         Senate Concurrent Resolution 20, by committee on Agriculture, a
    concurrent resolution in support of improvement in the wetland
    delineation process and a moratorium on wetlands determination until the
    1995 farm bill has been passed and signed into the law by the Congress
    and the President.

         Read first time and placed on calendar.



                              INTRODUCTION OF BILLS

         Senate File 225, by committee on Local Government, a bill for  an
    act eliminating requirements for competitive bids regarding the printing
    of election ballots.

         Read first time and placed on calendar.

         Senate File 226, by committee on Local Government, a bill for  an
    act relating to the disposition of valueless mobile homes, modular
    homes, and manufactured homes.

         Read first time and placed on calendar.

         Senate File 227, by committee on Local Government, a bill for  an
    act providing for the compilation and dissemination of jail population
    reports.

         Read first time and placed on calendar.

         Senate File 228, by committee on Local Government, a bill for  an
    act relating to the statewide notification center by providing that the
    center is subject to the open meetings and public records law, requiring
    certain financial information to be reported, establishing an audit
    requirement, and providing a penalty.

         Read first time and placed on calendar.
         Senate File 229, by committee on Local Government, a bill for  an
    act eliminating certain requirements regarding the purchase of coal by
    public agencies.

         Read first time and placed on calendar.

         Senate File 230, by Tinsman, Lind, Boettger, Borlaug, Douglas, and
    Banks, a bill for  an act relating to the elimination of the state
    inheritance tax and qualified use inheritance tax.

         Read first time and passed on file.



                     HOUSE MESSAGES RECEIVED AND CONSIDERED

         The following messages were received from the Chief Clerk of the
    House:

         MR. PRESIDENT: I am directed to inform your honorable body that the
    House has on March 1, 1995, adopted the following resolution in which
    the concurrence of the House was asked:

         Senate Joint Resolution 6, a joint resolution proposing an
    amendment to the Constitution of the State of Iowa to restrict the
    expenditure of state license fees received from hunting, fishing, and
    trapping, and other public or private funds appropriated, allocated, or
    received by the state for fish and wildlife protection purposes.

         ALSO: That the House has on March 1, 1995, passed the following
    bills in which the concurrence of the Senate is asked:

         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.

         This bill was read first time and passed on file.

         House File 161, a bill for  an act relating to the fee which may be
    charged by an Iowa communications network receiving site.

         This bill was read first time and passed on file.

         House File 179, a bill for  an act relating to eggs and poultry by
    reorganizing the statutory provisions and providing for the
    administration of the Iowa egg council, assessments and refunds, and the
    repeal of certain sections, and providing an effective date.
         This bill was read first time and passed on file.

         ALSO: That the House has on February 28, 1995, amended and passed
    the following bill in which the concurrence of the Senate is asked:

         Senate File 69, a bill for  an act relating to county expenditures
    of property taxes for mental health and developmental disabilities costs
    by providing for reduction of property taxes, making appropriations, and
    providing an effective date (S-3082).



                                   QUORUM CALL

         Senator Horn requested a non record roll call to determine that a
    quorum was present.

         Senator Neuhauser took the chair at 3:55 p.m.

         The vote revealed 42 present, 8 absent and a quorum present.
                                    APPENDIX



                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee:


         S.F.          211           Judiciary
         S.F.          222           Judiciary
         S.F.          230           Ways and Means
         H.F.          161           Communications & Information Policy



                           COMPANION AND SIMILAR BILLS

         House files were attached to companion or similar Senate files on
    the senate calendar as follows:

         H.F. 149      companion     S.F. 167      3-1-95
         H.F. 179      similar       S.F. 173      3-1-95



                                COMMITTEE REPORTS

    JUDICIARY

    Final Bill Action: 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.

    Recommendation: WITHOUT RECOMMENDATION.

    Final Vote: Ayes, 10: Giannetto, Vilsack, McKean, Bartz, Bisignano,
    Boettger, Drake, Maddox, Redfern and Szymoniak. Nays, 5: Fraise,
    Halvorson, Hammond, Hansen and Neuhauser.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
    NATURAL RESOURCES, ENVIRONMENT AND ENERGY

    Final Bill Action: SENATE FILE 231 (SSB 173), a bill for an act relating
    to the definition of resident for the purpose of obtaining licenses to
    hunt, fish, trap, or take protected species of animals.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Fink, Black, Lundby, Banks, Borlaug, Dearden,
    Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and
    Sorensen. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 234 (SSB 172), a bill for an act relating
    to the powers and duties of the department of natural resources by
    amending procedures for issuing and establishing fees for scientific
    collectors licenses or permits.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Fink, Black, Lundby, Banks, Borlaug, Dearden,
    Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and
    Sorensen. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    TRANSPORTATION

    Final Bill Action: SENATE FILE 31, a bill for an act relating to lighted
    headlamps and windshield wiper operation, and making a penalty
    applicable.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3086.

    Final Vote: Ayes, 7: Gettings, Fraise, Drake, Dearden, Douglas, Fink and
    Halvorson. Nays, 4: Black, Connolly, Lind and Rittmer. Absent or not
    voting, 1: Jensen.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:
    Final Bill Action: SENATE FILE 141, a bill for an act relating to notice
    for vacating and closing roads.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3087.

    Final Vote: Ayes, 11: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Lind and Rittmer. Nays, none. Absent or not
    voting, 1: Jensen.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 232 (SSB 192), a bill for an act
    prohibiting persons under the age of eighteen from riding and
    prohibiting operators from allowing persons under the age of eighteen
    from riding on any portion of a motor vehicle unintended for use of
    passengers and providing a penalty.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 11: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Lind and Rittmer. Nays, none. Absent or not
    voting, 1: Jensen.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 233 (SSB 118), a bill for an act relating
    to the suspension and revocation of drivers licenses and providing
    penalties for violations of out-of-service orders.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 11: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Lind and Rittmer. Nays, none. Absent or not
    voting, 1: Jensen.

    Fiscal Note: REQUIRED UNDER JOINT RULE 17.



                              INTRODUCTION OF BILLS

         Senate File 231, by committee on Natural Resources, Environment and
    Energy, a bill for an act relating to the definition of resident for the
    purpose of obtaining licenses to hunt, fish, trap, or take protected
    species of animals.

         Read first time under rule 28 and placed on calendar.

         Senate File 232, by committee on Transportation, a bill for an act
    prohibiting persons under the age of eighteen from riding and
    prohibiting operators from allowing persons under the age of eighteen
    from riding on any portion of a motor vehicle unintended for use of
    passengers and providing a penalty.

         Read first time under rule 28 and placed on calendar.

         Senate File 233, by committee on Transportation, a bill for an act
    relating to the suspension and revocation of drivers licenses and
    providing penalties for violations of out-of-service orders.

         Read first time under rule 28 and placed on calendar.

         Senate File 234, by committee on Natural Resources, Environment and
    Energy, a bill for an act relating to the powers and duties of the
    department of natural resources by amending procedures for issuing and
    establishing fees for scientific collectors licenses or permits.

         Read first time under rule 28 and placed on calendar.



                                AMENDMENTS FILED


         S-3085        H.F.          2             Rod Halvorson
         S-3086        S.F.          31            Transportation
         S-3087        S.F.          141           Transportation
         S-3088        H.F.          2             Mary Neuhauser



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 3:50 p.m., until
    9:00 p.m., Wednesday, March 1, 1995.

Previous Day: Tuesday, February 28Next Day: Thursday, March 2
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Return To Home Iowa General Assembly

index Index: Senate Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa


Comments? sjourn@legis.iowa.gov.

Last update: Sun Jan 14 23:40:00 CST 1996
URL: /DOCS/GA/76GA/Session.1/SJournal/Day/0301.html
jhf