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FIFTY-THIRD CALENDAR DAY
THIRTY-THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, March 2, 1995
The Senate met in regular session at 9:07 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Fred Danforth, pastor of the
First Christian Church, Nevada, Iowa.
The Journal of Wednesday, March 1, 1995, was approved.
INTRODUCTION OF BILLS
Senate File 235, by Iverson, a bill for an act relating to
liability for injuries to persons who are injured while trespassing on
anothers property.
Read first time and passed on file.
Senate File 236, by committee on Transportation, a bill for an act
relating to salvage and wrecked motor vehicles.
Read first time and placed on calendar.
Senate File 237, by Judge, a bill for an act relating to the
taxation of certain mobile homes, and specifying effective and
applicability dates.
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 44 present, 6 absent and a quorum present.
The Senate stood at ease at 9:17 a.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 9:55 a.m., President Boswell
presiding.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 2.
House File 2
On motion of Senator Bisignano, 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, with report of committee without recommendation, was
taken up for consideration.
Senator Neuhauser withdrew amendment S-3088 filed by her on March
1, 1995, to pages 1 and 4 of the bill.
Senator Maddox offered amendment S-3090 filed by him from the floor
to pages 1 and 16 of the bill and moved its adoption.
Amendment S-3090 was adopted by a voice vote.
Senator Halvorson offered amendment S-3085 filed by him on March 1,
1995, to pages 10 and 19 of the bill and moved its adoption.
Amendment S-3085 lost by a voice vote.
Senator McKean offered amendment S-3089 filed by him from the floor
to pages 13 and 14 of the bill.
Senator Banks asked and received unanimous consent that action on
amendment S-3089 and House File 2 be deferred.
Senate File 189
On motion of Senator Redfern, Senate File 189, a bill for an act
relating to the transfer of real estate by exempting certain transfers
of real estate from the real estate transfer tax and providing that a
lien for a purchase money mortgage has priority over other interests in
the property, with report of committee recommending passage, was taken
up for consideration.
Senator Redfern 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. 189) the vote was:
Ayes, 50:
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 Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, none.
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 195
On motion of Senator Redfern, Senate File 195, a bill for an act
relating to the judicial department, including jurisdiction of district
associate judges in domestic abuse cases, retirement annuities for
senior judges, and providing effective and retroactive applicability
dates, was taken up for consideration.
Senator Gronstal asked and received unanimous consent that action
on Senate File 195 be deferred.
Senate File 94
On motion of Senator Kibbie, Senate File 94, a bill for an act
relating to reciprocal license fees for nonresident real estate brokers
and salespersons, with report of committee recommending passage, was
taken up for consideration.
Senator Kibbie 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. 94) the vote was:
Ayes, 50:
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 Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, none.
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
House File 2
The Senate resumed consideration of 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, and amendment S-3089 by Senator McKean to pages 13 and 14
of the bill, previously deferred.
Senator McKean moved the adoption of amendment S-3089 and requested
a record roll call.
On the question Shall amendment S-3089 be adopted? (H.F. 2) the
vote was:
Ayes, 20:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Halvorson
Hedge Iverson Jensen Maddox
McKean McLaren Priebe Redfern
Rensink Rife Rittmer Zieman
Nays, 30:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Hammond Hansen
Horn Husak Judge Kibbie
Kramer Lind Lundby Murphy
Neuhauser Palmer Sorensen Szymoniak
Tinsman Vilsack
Amendment S-3089 lost.
(Action on House File 2 was temporarity deferred.)
BUSINESS PENDING
Senate File 195
The Senate resumed consideration of Senate File 195, a bill for an
act relating to the judicial department, including jurisdiction of
district associate judges in domestic abuse cases, retirement annuities
for senior judges, and providing effective and retroactive applicability
dates, previously deferred.
Senator Gronstal offered amendment S-3091 filed by him from the
floor to page 1 and the title page of the bill and moved its adoption.
Amendment S-3091 was adopted by a voice vote.
Senator Redfern 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. 195) 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 Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 205
On motion of Senator Kibbie, Senate File 205, a bill for an act
relating to shared superintendents for purposes of the supplementary
weighting plan for public school districts and providing effective and
retroactive applicability dates, was taken up for consideration.
Senator Kibbie 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. 205) the vote was:
Ayes, 50:
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 Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, none.
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
94, 189, 195 and 205 be immediately messaged to the House.
RECESS
On motion of Senator Horn, the Senate recessed at 11:35 a.m., until
12:00 noon.
AFTERNOON SESSION
The Senate reconvened at 12:15 p.m., President Boswell presiding.
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 March 2, 1995, passed the following bill in which the
concurrence of the Senate is asked:
House File 189, a bill for an act relating to the funding of state
mandates.
This bill was read first time and passed on file.
INTRODUCTION OF RESOLUTIONS
Senate Resolution 10, by Giannetto, a senate resolution urging the
Congress of the United States to authorize interest-free loans to the
states and their political subdivisions for capital projects.
Read first time and passed on file.
Senate Joint Resolution 15, by Borlaug, Lundby, Priebe, Bisignano,
Kibbie, Rensink, Hedge, McKean, Freeman, Banks, Palmer, Jensen, Flynn,
Boettger, Drake, Bennett, Rittmer, Maddox, McLaren, Kramer, and Zieman,
a joint resolution claiming sovereignty under the Tenth Amendment to the
United States Constitution over all powers not otherwise enumerated and
granted to the federal government and demanding that the federal
government cease mandates that are beyond the scope of its
constitutional powers.
Read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 238, by Hansen, a bill for an act relating to
requiring payment for political advertising published through
billboards, newspapers, yard signs, radio, and television prior to the
publication of the political advertisement, and making a penalty
applicable.
Read first time and passed on file.
Senate File 239, by Hansen, a bill for an act relating to the
provision of mediation in dissolution of marriage proceedings.
Read first time and passed on file.
Senate File 240, by Iverson and Fraise, a bill for an act relating
to the timing of parole reviews for class A felons.
Read first time and passed on file.
Senate File 241, by Banks, a bill for an act relating to the
consumption of alcoholic beverages by minors.
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 45 present, 5 absent and a quorum present.
BUSINESS PENDING
House File 2
The Senate resumed consideration of 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, previously deferred.
Senator Bisignano offered amendment S-3092 filed by Senators
Bisignano, Banks and Priebe from the floor to pages 4, 5, 7-11, 13, and
17-19 of the bill and moved its adoption.
Amendment S-3092 lost by a voice vote.
Senator Fraise took the chair at 2:20 p.m.
President Boswell took the chair at 2:25 p.m.
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? (H.F. 2) the vote was:
Ayes, 11:
Banks Bartz Bennett Bisignano
Borlaug Douglas Hedge Iverson
Jensen McLaren Rife
Nays, 39:
Black Boettger Boswell Connolly
Dearden Deluhery Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Kramer Lind
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
The bill not having received a constitutional majority was declared
to have failed to pass the Senate.
Senator Gronstal filed the following motion to reconsider from the
floor:
Mr. President: I move to reconsider the vote by which House File 2
failed to pass the Senate on March 2, 1995.
Senator Lind asked unanimous consent that action on the motion to
reconsider be deferred.
Objection was raised by Senator Gronstal.
The Senate stood at ease at 4:40 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 4:52 p.m., President Boswell
presiding.
Senator Gronstal withdrew his objection to defer action on the
motion to reconsider on House File 2.
Senator Lind withdrew his request that action on the motion to
reconsider be deferred.
Senator Gronstal asked and received unanimous consent that action
on the motion to reconsider House File 2 be deferred.
HOUSE MESSAGES RECEIVED
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 resolutions in which
the concurrence of the House was asked:
Senate Concurrent Resolution 14, a concurrent resolution relating
to a Biennial Memorial Session.
Senate Concurrent Resolution 19, a concurrent resolution
designating March 1995 as Iowa Womens History Month.
ALSO: That the House has on March 1, 1995, passed the following
bill in which the concurrence of the House was asked:
Senate File 114, a bill for an act relating to anabolic steroids
and the Iowa uniform controlled substances act.
INTRODUCTION OF BILLS
Senate File 242, by Giannetto, a bill for an act relating to
providing false information on a uniform citation and complaint and
making an existing penalty applicable.
Read first time and passed on file.
Senate File 243, by Hansen, a bill for an act relating to motor
vehicle abandonment and registration.
Read first time and passed on file.
Senate File 244, by Bartz, a bill for an act relating to the
establishment of area long-term care residents advocates in each of the
area agencies on aging, specifying minimum eligibility criteria,
providing for an appropriation, and providing an effective date.
Read first time and passed on file.
Senate File 245, by Bartz, a bill for an act relating to joint
cooperative association memberships and the acceptance of powers of
attorney by cooperative associations and others.
Read first time and passed on file.
Senate File 246, by Lind, a bill for an act relating to the
donation of state government-owned personal computers to public school
districts in Iowa.
Read first time and passed on file.
APPENDIX
STUDY BILLS RECEIVED
SSB 216.1
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 229
Small Business, Economic Development & Tourism
Relating to the assessment of long distance telephone companies for
purposes of property taxation.
SUBCOMMITTEE ASSIGNMENTS
Senate File 221
TRANSPORTATION: Connolly, Chair; Douglas and Fink
SSB 216.1
HUMAN RESOURCES: Szymoniak, Chair; Kramer and Vilsack
SSB 228
JUDICIARY: Szymoniak, Chair; Boettger, Giannetto, Hammond and Redfern
BILL SIGNED BY THE GOVERNOR
Communication was received announcing that on March 2, 1995, the
Governor approved and transmitted to the Secretary of State the
following bill:
SENATE FILE 84 - An act relating to individual health insurance and
individual health benefit plan reforms, and establishing an income tax
credit for certain individuals.
COMMITTEE REPORTS
COMMUNICATIONS AND INFORMATION POLICY
Final Bill Action: SENATE CONCURRENT RESOLUTION 21 (LSB 2530), a
concurrent resolution recommending that the Iowa Telecommunications and
Technology Commission reconsider and rescind the user fees as originally
established by the Commission.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 4: Dvorsky, Deluhery, Flynn and Hansen. Nays, 3:
McLaren, Jensen and Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 248 (SSB 190), a bill for an act
relating to the Iowa communications network and authorizing the state to
own certain Part III user connections defined as spur connections and
providing an appropriation.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 6: Dvorksy, Deluhery, McLaren, Flynn, Jensen and
Redfern. Nays, 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 Communications and
Information Policy on Senate File 248 and they were attached to the
committee report.
NATURAL REOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 247 (SSB 72), a bill for an act relating
to plastic garbage can liners with recycled content.
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 236 (SSB 191), a bill for an act
relating to salvage and wrecked motor vehicles.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Transportation
Committee on Senate File 236 and they were attached to the committee
report.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Third grade students from Clear Lake Community School District,
Clear Lake, Iowa, accompanied by Mr. Barkley, Mrs. Tremmel, Mrs.
Uhlenhopp and Mrs. Sorensen. Senator Bartz.
Nineteen students, members of the Benton and Tama Counties 4-H
program, accompanied by Nancy Allen. Senator Husak.
Twenty-two students from Forest Ridge High School, Estherville,
Iowa, accompanied by Cindy Cox. Senator Kibbie.
Twenty-five fifth grade students from Westridge Elementary School,
West Des Moines, Iowa, accompanied by Ann Jaras. Senator Kramer.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 235 Judiciary
S.F. 237 Ways and Means
S.F. 238 State Government
S.F. 239 Judiciary
S.F. 240 Judiciary
S.F. 241 Judiciary
S.F. 242 Judiciary
S.F. 243 Transportation
S.F. 244 Human Resources
S.R. 10 Appropriations
S.J.R. 15 State Government
H.F. 189 Appropriations
INTRODUCTION OF BILLS
Senate Concurrent Resolution 21, by committee on Communications and
Information Policy, a concurrent resolution recommending that the Iowa
Telecommunications and Technology Commission reconsider and rescind the
user fees as originally established by the Commission.
Read first time under Rule 28 and placed on calendar.
Senate File 247, by committee on Natural Resources, Environment and
Energy, a bill for an act relating to plastic garbage can liners with
recycled content.
Read first time under Rule 28 and placed on calendar.
Senate File 248, by committee on Communications and Information
Policy, a bill for an act relating to the Iowa communications network
and authorizing the state to own certain Part III user connections
defined as spur connections and providing an appropriation and an
effective date.
Read first time under Rule 28 and placed on calendar.
AMENDMENTS FILED
S-3089 H.F. 2 Andy McKean
S-3090 H.F. 2 O. Gene Maddox
S-3091 S.F. 195 Michael E. Gronstal
S-3092 H.F. 2 Tony Bisignano
Brad Banks
Berl E. Priebe
S-3093 S.F. 226 Eugene Fraise
S-3094 S.F. 209 Wilmer Rensink
S-3095 S.F. 178 Stewart E. Iverson, Jr.
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:19 p.m., until
1:30 p.m., Monday, March 6, 1995.
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