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SIXTIETH CALENDAR DAY
THIRTY-SEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, March 9, 1995
The Senate met in regular session at 9:07 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Leonard Sjogren, pastor of the
Hope United Methodist Church, Marshalltown, Iowa.
The Journal of Wednesday, March 8, 1995, was approved.
INTRODUCTION OF BILLS
Senate File 289, by Maddox, a bill for an act relating to the
disbursement of child support payments made to the clerk of court or to
the collection services center and providing penalties and effective
dates.
Read first time and passed on file.
Senate File 290, by committee on Transportation, a bill for an act
relating to motor vehicle and highway regulation by the state department
of transportation concerning retention of records and documents,
registration plates and stickers, dissolution decree transfers of motor
vehicle titles, junking certificates for abandoned vehicles, flashing
blue lights, motorcycle license requirements, leased motor vehicles,
proof of financial responsibility, charges for handicapped
identification devices, single state registration for motor carriers,
commodity base state registration, other technical changes, and
providing an effective date.
Read first time and placed on calendar.
Senate File 291, by committee on Transportation, a bill for an act
relating to issuance of motor vehicle licenses by county treasurers and
providing moneys to the counties for implementation of the Act.
Read first time and placed on calendar.
Senate File 292, 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 authorizing the use of certain
revenue to repay loans related to sewage collection and treatment plants
in state parks and recreation areas.
Read first time and placed on calendar.
The Senate stood at ease at 9:17 a.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 9:56 a.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 32 present, 18 absent and a quorum present.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 234
On motion of Senator Black, Senate File 234, 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, was taken up for consideration.
Senator Black 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. 234) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman 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
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Gettings Sorensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 207
On motion of Senator Connolly, Senate File 207, a bill for an act
relating to the distribution and sale of beer, providing for the
regulation of brewer and wholesaler agreements, prohibiting certain
conduct, providing for the transfer of business assets, providing
judicial remedies, specifying applicability, and providing for other
properly related matters, was taken up for consideration.
Senator Gronstal offered amendment S-3102 filed by him on March 8,
1995, to pages 3 and 11 of the bill and moved its adoption.
Amendment S-3102 was adopted by a voice vote.
Senator Connolly 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. 207) the vote was:
Ayes, 47:
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 Rife Rittmer Szymoniak
Tinsman Vilsack Zieman
Nays, 3:
Banks Rensink Sorensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
The Senate stood at ease at 10:08 a.m. until the fall of the gavel.
The Senate resumed session at 10:32 a.m., President Boswell
presiding.
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 8, 1995, amended and adopted the following resolution
in which the concurrence of the Senate is asked:
Senate Concurrent Resolution 15, a concurrent resolution requesting
that the Congress of the United States direct the Health Care Financing
Administration to establish a national policy no later than July 1,
1995, for Medicare reimbursement of telemedicine services (S-3109).
ALSO: That the House has on March 8, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 117, a bill for an act relating to cost of play and
value of prizes of games of skill and games of chance conducted at
amusement concessions.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 293, by committee on Judiciary, a bill for an act
relating to providing for a five-year minimum prison term for a person
who uses a dangerous weapon in the commission of a forcible felony.
Read first time and placed on calendar.
Senate File 294, by Fink, a bill for an act relating to the amount
of instructional support state aid and providing effective and
applicability date provisions.
Read first time and passed on file.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 160
On motion of Senator Vilsack, 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, with report of
committee on Ways and Means recommending passage, was taken up for
consideration.
Senator Borlaug offered amendment S-3108 filed by him from the
floor to pages 1 and 2 of the bill, moved its adoption and requested a
record roll call.
On the question Shall amendment S-3108 be adopted? (S.F. 160) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 22:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby McKean McLaren
Redfern Rensink Rife Rittmer
Tinsman Zieman
Nays, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Maddox Murphy Neuhauser Palmer
Priebe Sorensen Szymoniak Vilsack
Amendment S-3108 lost.
Senator Borlaug offered amendment S-3107 filed by him from the
floor to pages 6 and 8 of the bill, moved its adoption and requested a
record roll call.
On the question Shall amendment S-3107 be adopted? (S.F. 160) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Nays, 26:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Sorensen
Szymoniak Vilsack
Absent or not voting, 1:
Priebe
Amendment S-3107 lost.
The Senate stood at ease at 10:55 a.m. until the fall of the gavel.
The Senate resumed session at 11:00 a.m., President Boswell
presiding.
Senator Bartz offered amendment S-3084 filed by him on March 1,
1995, to pages 1, 4 and 9 of the bill.
Senator Bartz offered amendment S-3110 filed by Senators Bartz and
Bisignano from the floor to amendment S-3084 and moved its adoption.
Amendment S-3110 was adopted by a voice vote.
Senator Vilsack raised the point of order that amendment S-3084 as
amended was not germane to the bill.
The Chair ruled the point well taken and amendment S-3084 as
amended out of order.
Senator Rife asked and received unanimous consent that action on
Senate File 160 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
207 and 234 be immediately messaged to the House.
RECESS
On motion of Senator Horn, the Senate recessed at 11:20 a.m., until
3:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
SENATE APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE/NATURAL RESOURCES
Convened: March 8, 1995, 5:00 p.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking Member
and Bennett.
Members Absent: Gettings.
Committee Business: Reviewed appropriations bill.
Adjourned: 6:45 p.m.
JOINT APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: March 8, 1995, 7:43 a.m.
Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking
Member; Boettger and Dearden.
Members Absent: none.
Committee Business: Passed to full Appropriations federal block grant
bill HSB 106. Senate committee members did not approve the House
committee bill as amended but did approve the total budget target
funding. Bill was passed to full Appropriations.
Adjourned: 8:45 a.m.
BUSINESS AND LABOR
Convened: March 8, 1995, 11:12 a.m.
Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking
Member; Connolly, Dvorsky, Giannetto, Hammond and Iverson.
Members Absent: Banks and Maddox (both excused).
Committee Business: Assigned bills to subcommittees; recommended passage
of Senate File 188; approved SSBs 127 and 196 as committee bills.
Adjourned: 11:30 a.m.
COMMUNICATIONS AND INFORMATION POLICY
Convened: March 8, 1995, 1:45 p.m.
Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking
Member; Flynn, Hansen, Jensen and Redfern.
Members Absent: none.
Committee Business: Assigned a bill to subcommittee; presentation by the
deputy director of DED.
Adjourned: 2:35 p.m.
ETHICS
Convened: March 8, 1995, 1:40 p.m.
Members Present: Husak, Chair; Neuhauser, Vice Chair; Hedge, Ranking
Member; Drake, Gettings and McKean.
Members Absent: none.
Committee Business: Discussed and deferred action on SSB 175.
Adjourned: 2:25 p.m.
JUDICIARY
Convened: March 8, 1995, 2:35 p.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: Presentation by the assistant attorney general on
the attorney generals bill on economic remedies act legislation; amended
and approved SSBs 42 and 129 as committee bills.
Adjourned: 3:45 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: March 8, 1995, 2:37 p.m.
Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge,
Kibbie, Priebe, Rensink and Sorensen.
Members Absent: none.
Committee Business: Assigned bills to subcommittees; recommended passage
of House File 30 and Senate File 215; approved SSB 214 as a committee
bill.
Adjourned: 2:54 p.m.
TRANSPORTATION
Convened: March 8, 1995, 10:15 a.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind
and Rittmer.
Members Absent: none.
Committee Business: Approved SSBs 56, 176, 150 and 97 as committee
bills; recommended passage of Senate File 213.
Adjourned: 10:57 a.m.
CERTIFICATES OF RECOGNITION
The secretary of the senate issued certificates of recognition as
follows:
Sarah Anfinson, Pierson; Neil Bubke, Holstein; Cory Claussen,
Ricketts and Jessica Miller, Denison: For receiving Norwest Bank
Community Scholarship. Senator Bennett (3-2-95).
Coon Rapids Bayards Readers Theatre - For receiving the Critics
Choice Award Best in the State. Senator Douglas (2-23-95).
Travis Brant, Truro - For winning the 1995 Class 1-A 103 lb.
division of the State Wrestling Tournament. Senator Douglas (2-26-95).
Greg Breeding, Winterset - For winning the 1995 Class 2-A 135 lb.
division of the State Wrestling Tournament. Senator Douglas (2-26-95).
Eric Hart, Coon Rapids-Bayard - For second place in the 1995 Class
1-A 125 lb. division of the State Wrestling Tournament. Senator Douglas
(2-26-95).
Justin Jeffs, Winterset - For winning the 1995 Class 2-A 130 lb.
division of the State Wrestling Tournament. Senator Douglas (2-26-95).
The Greenfield Area Jaycees - For being named the No. 1 Chapter in
Iowa. Senator Douglas (2-22-95).
Katharine Freeman, Mount Vernon - For lst Place in the Write Women
Back Into History essay contest. Senator Dvorsky (3-1-95).
Karen Packer, Marshalltown - For being recognized as Coping
Magazines 1995 National Volunteer Hero of the year. Senator Giannetto
(3-11-95).
Sabina McGee, Independence - For celebrating her 100th birthday.
Senator Murphy (2-15-95).
Nick McGrane, Manchester - For achieving the rank of Eagle Scout.
Senator Murphy (3-6-95).
Katie Greiman, Waterloo - For receiving the 1995 Write Women Back
Into History Edith Sackett Memorial Award. Senator Redfern (3-1-95).
Edward E. Conwell, Jr., Burlington - For achieving the rank of
Eagle Scout. Senator Vilsack (3-10-95).
Kevin Brainard, Jr., Chris Gunderson and Kory Staff, Monona - For
achieving the rank of Eagle Scout. Senator Zieman (2-5-95).
PRESENTATION OF VISITORS
Thirty twelfth grade students from English Valleys High School,
North English, accompanied by Brian Newel. Senator Husak.
Fifty-four fifth grade students from Howe Elementary School, Des
Moines, accompanied by Lynn Schumann. Senator Bisignano.
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 9th day of March, 1995:
Senate File 114.
JOHN F. DWYER Secretary of the Senate
STUDY BILLS RECEIVED
SSB 276
Ways and Means
Increasing the amount of the personal exemption credits under the
states individual income tax and providing effective and applicability
date provisions.
SSB 277
Human Resources
Relating to child support collection, including the establishment
of the amount of child support required by certain parents who are
nineteen years of age or younger, provisions relating to the suspension,
revocation, nonissuance, and nonrenewal of certain licenses for failure
to pay support, and implementation provisions.
SSB 278
Judiciary
Relating to a conference on domestic violence.
SSB 279
Judiciary
Relating to the issuance of nonprofessional permits to carry
concealed weapons, providing exemptions from liability, and providing a
conditional effective date.
SSB 280
Judiciary
To require that all inmates of the institutions under the control
of the department of corrections perform hard labor.
SSB 281
Judiciary
Related to criminal offenses against minors and sexually violent
offenses and offenders committing those offenses, by requiring
registration by offenders, providing for the establishment of a sex
offender registry, providing for public dissemination of registry
information, and providing penalties.
SSB 282
State Government
Relating to the exemption of the statewide notification center and
its vendors from sales, services, and use taxes and providing for the
Acts effectiveness and retroactive applicability.
SSB 283
Commerce
Relating to patient access through managed care plans or indemnity
plans with limited provider networks to health care providers authorized
to utilize differential diagnosis and physical examinations to determine
human ailments.
SSB 284
Commerce
Relating to entities and subject matter under the regulatory
authority of the securities bureau of the division of insurance.
SSB 285
Commerce
Relating to prohibiting certain restrictive covenants on real
property relating to the installation or construction of an antennae.
SSB 286
Commerce
Relating to abandoned property subject to control by the treasurer
of state.
SSB 287
Commerce
Relating to construction contractors by imposing penalties,
regulating home improvement contractors by requiring a bond, and
providing consumer remedies, and providing an effective date.
SSB 288
Commerce
Relating to construction mortgage liens.
SSB 289
Education
Relating to state assistance for schools, including the purchase of
textbooks for public school and nonpublic school pupils, including the
creation of a special textbook reserve within the school districts
general fund, making an appropriation, and providing effective and
applicability dates, and providing for a one hundred one percent budget
guarantee for school districts.
SSB 290
Judiciary
Relating to open-end credit pursuant to a credit card, including
the permissible over-limit or delinquency charges, the offering of
credit unemployment insurance, and the time requirements for making
certain payments.
SSB 291
Judiciary
Requiring mediation prior to the granting of a deferred judgment
for certain nonviolent offenses.
SSB 292
Judiciary
Relating to the license reinstatement fee by establishing an
administrative fee and providing for the use of the fee.
SSB 293
Judiciary
Creating the offense of theft of video rental property and
establishing a penalty.
SSB 294
Human Resources
Relating to the child abuse registry by providing access for
purposes of certifying sex offender treatment providers.
SSB 295
Human Resources
Relating to the establishment of an assisted living program within
the department of elder affairs and providing penalties.
SSB 296
Human Resources
Relating to the establishment of practitioner review committees for
the purposes of evaluating and monitoring practitioners who self-report
physical or mental impairments.
SSB 297
Human Resources
Relating to the statute of limitations for minors.
SSB 298
Appropriations
Relating to and making appropriations to the department of justice,
governors substance abuse prevention coordinator, office of consumer
advocate, board of parole, department of corrections, judicial district
departments of correctional services, judicial department, state public
defender, Iowa law enforcement academy, department of public defense,
and for administration, the division of criminal investigation and
bureau of identification, the division of narcotics enforcement, for
undercover purchases, and for the states fire marshals office, of the
department of public safety for the fiscal year beginning July 1, 1995,
and providing effective dates.
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 10
APPROPRIATIONS: Bisignano, Chair; Black and Douglas
Senate Resolution 11
BUSINESS AND LABOR: Gettings, Chair; Hammond and Maddox
Senate File 248
APPROPRIATIONS: Dvorsky, Chair; Flynn, Judge, Kramer and McLaren
Senate File 249
APPROPRIATIONS: Murphy, Chair; Banks and Black
Senate File 252
EDUCATION: Fink, Chair; Murphy and Rensink
Senate File 253
TRANSPORTATION: Fink, Chair; Connolly and Drake
Senate File 268
COMMERCE: Hansen, Chair; Gronstal and Lundby
Senate File 269
HUMAN RESOURCES: Kramer, Chair; Hansen and Szymoniak
Senate File 275
JUDICIARY: Hammond, Chair; Drake, Giannetto, McKean and Vilsack
Senate File 276
JUDICIARY: Hammond, Chair; Giannetto, McKean, Redfern and Vilsack
Senate File 277
STATE GOVERNMENT: Bisignano, Chair; Fink and Lind
Sente File 281
HUMAN RESOURCES: Bartz, Chair; Hammond and Hansen
Senate File 282
HUMAN RESOURCES: Dvorsky, Chair; Bartz and Hansen
Senate File 284
JUDICIARY: Hansen, Chair; Bisignano, Boettger, Giannetto and Maddox
House File 189
APPROPRIATIONS: Murphy, Chair; Dvorksy and Lind
SSB 277
HUMAN RESOURCES: Neuhauser, Chair; Bartz and Dvorsky
SSB 278
JUDICIARY: Szymoniak, Chair; Bartz, Boettger, Hammond and Neuhauser
SSB 279
JUDICIARY: Fraise, Chair; Bartz, Drake, Giannetto and Vilsack
SSB 280
JUDICIARY: Bisignano, Chair; Boettger, Giannetto, McKean and Vilsack
SSB 281
JUDICIARY: Bisignano, Chair; Giannetto, Maddox, McKean and Vilsack
SSB 282
STATE GOVERNMENT: Halvorson, Chair; Rittmer and Sorensen
SSB 283
COMMERCE: Gronstal, Chair; Bisignano, Freeman, Hansen, Jensen, Palmer
and Redfern
SSB 284
COMMERCE: Palmer, Chair; Husak and Redfern
SSB 285
COMMERCE: Gettings, Chair; Deluhery and Freeman
SSB 286
COMMERCE: Deluhery, Chair; Hansen and Jensen
SSB 287
COMMERCE: Deluhery, Chair; Hansen and Redfern
SSB 288
COMMERCE: Deluhery, Chair; Hansen and Redfern
SSB 289
EDUCATION: Connolly, Chair; Kibbie and Redfern
SSB 290
JUDICIARY: Bisignano, Chair; Bartz, Giannetto, Maddox and Vilsack
SSB 291
JUDICIARY: Neuhauser, Chair; Giannetto, McKean, Redfern and Vilsack
SSB 292
JUDICIARY: Vilsack, Chair; Drake, Giannetto, Maddox and Szymoniak
SSB 293
JUDICIARY: Maddox, Chair; Fraise, Giannetto, McKean and Vilsack
SSB 294
HUMAN RESOURCES: Vilsack, Chair; Szymoniak and Tinsman
SSB 295
HUMAN RESOURCES: Tinsman, Chair; Kramer and Szymoniak
SSB 296
HUMAN RESOURCES: Szymoniak, Chair; Bartz and Vilsack
SSB 297
HUMAN RESOURCES: Kramer, Chair; Szymoniak and Tinsman
SSB 298
APPROPRIATIONS: Fraise, Chair; Iverson and Murphy
COMMITTEE REPORTS
JUDICIARY
Final Bill Action: *SENATE FILE 293 (SSB 42), a bill for an act relating
to providing for a five-year minimum prison term for a person who uses a
knife in the commission of a forcible felony.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Giannetto, Vilsack, McKean, Bartz, Boettger,
Drake, Hansen, Maddox, Neuhauser and Redfern. Nays, 5: Bisignano,
Fraise, Halvorson, Hammond and Szymoniak.
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 Judiciary
Committee on Senate File 293 and they were attached to the committee
report.
ALSO:
.EJECT
-4-
Final Bill Action: *SENATE FILE 296 (SSB 129), a bill for an act
relating to juvenile justice including the conditions under which a
person under twenty-one years of age may consume alcoholic beverages in
a home or on private property, providing for the automatic waiver of
juveniles to adult court in certain circumstances, regarding the
notification of schools by juvenile court officers of the taking into
custody of a juvenile, and providing that the juvenile court may
prohibit a juvenile from driving under certain circumstances.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Giannetto, McKean, Bartz, Bisignano, Boettger,
Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern
and Szymoniak. Nays, 1: Vilsack.
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 Judiciary
Committee on Senate File 296 and they were attached to the committee
report.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE FILE 292 (SSB 214), a bill for an act 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.
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 290 (SSB 150), a bill for an act
relating to motor vehicle and highway regulation by the state department
of transportation concerning retention of records and documents,
registration plates and stickers, dissolution decree transfers of motor
vehicle titles, junking certificates for abandoned vehicles, flashing
blue lights, motorcycle license requirements, leased motor vehicles,
proof of financial responsibility, charges for handicapped
identification devices, single state registration for motor carriers,
commodity base state registration, other technical changes, and
providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. 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 Transportation
Committee on Senate File 290 and they were attached to the committee
report.
ALSO:
Final Bill Action: *SENATE FILE 291 (SSB 56), a bill for an act relating
to issuance of motor vehicle licenses by county treasurers and providing
moneys to the counties for implementation of the Act.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Gettings, Fraise, Black, Connolly, Dearden,
Douglas, Fink and Halvorson. Nays, 4: Drake, Jensen, Lind and Rittmer.
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 291 and they were attached to the committee
report.
ALSO:
Final Bill Action: SENATE FILE 298 (SSB 176), a bill for an act relating
to weight restrictions for certain self-propelled machinery considered
an implement of husbandry.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Gettings, Fraise, Black, Connolly, Dearden,
Douglas, Fink, Jensen, Lind and Rittmer. Nays, 2: Drake and Halvorson.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AFTERNOON SESSION
The Senate reconvened at 3:40 p.m., President Boswell presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 43 present, 7 absent and a quorum present.
The Senate stood at ease at 3:50 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 3:57 p.m., President Boswell
presiding.
BUSINESS PENDING
Senate File 160
The Senate resumed consideration of 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, previously
deferred.
Senator Iverson offered amendment S-3111 filed by him from the
floor to page 2 of the bill.
Senator Vilsack offered amendment S-3113 filed by him from the
floor to amendment S-3111 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3113 to amendment S-3111 be
adopted? (S.F. 160) the vote was:
Ayes, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Nays, 22:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Kramer Lind
Lundby Maddox McKean McLaren
Redfern Rensink Rife Rittmer
Tinsman Zieman
Absent or not voting, 1:
Jensen
Amendment S-3113 was adopted.
Senator Iverson moved the adoption of amendment S-3111 as amended,
which motion prevailed by a voice vote.
Senator Neuhauser offered amendment S-3112 filed by Senators
Neuhauser and Vilsack from the floor to page 2 of the bill and moved its
adoption.
Amendment S-3112 was adopted by a voice vote.
Senator Bartz offered amendment S-3116 filed by him from the floor
to pages 1 and 9 of the bill.
(Action on amendment S-3116 and Senate File 160 was deferred.)
The Senate stood at ease at 4:15 p.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 5:06 p.m., President Boswell
presiding.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 22, by Giannetto, a concurrent
resolution urging the Congress of the United States to allow retired
members of the United States Armed Forces who have a service-connected
disability to concurrently receive retired pay and disability
compensation.
Read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 295, by Szymoniak, a bill for an act relating to the
taxation of sales of residential service contracts under the state
sales, services, and use taxes.
Read first time and passed on file.
Senate File 296, by committee on Judiciary, a bill for an act
relating to juvenile justice including the conditions under which a
person under twenty-one years of age may consume alcoholic beverages in
a home or on private property, providing for the automatic waiver of
juveniles to adult court in certain circumstances, regarding the
notification of schools by juvenile court officers of the taking into
custody of a juvenile, and providing that the juvenile court may
prohibit a juvenile from driving under certain circumstances.
Read first time and placed on calendar.
Senate File 297, by Hansen, a bill for an act establishing a
microenterprise development Act.
Read first time and passed on file.
Senate File 298, by committee on Transportation, a bill for an act
relating to implements of husbandry, concerning the definition of
implements of husbandry and weight restrictions for certain implements
of husbandry.
Read first time and placed on calendar.
Senate File 299, by Redfern, Lind, Banks, Bartz, Bennett,
Bisignano, Black, Boettger, Borlaug, Boswell, Connolly, Dearden,
Deluhery, Douglas, Drake, Freeman, Gettings, Giannetto, Gronstal, Hedge,
Husak, Iverson, Jensen, Judge, Kibbie, Kramer, Lundby, Maddox, McKean,
Murphy, Palmer, Priebe, Rensink, Rittmer, Sorensen, Szymoniak, Tinsman,
Vilsack, and Zieman, a bill for an act requiring the state board of
regents to direct the institutions of higher learning under its control
to schedule regular home-and-home competitions between the institutions
athletic teams.
Read first time and passed on file.
Senate File 300, by Deluhery, a bill for an act relating to the
partial exemption of pensions, annuities, and retirement allowances
received for the purposes of state individual income tax and providing a
retroactive applicability date.
Read first time and passed on file.
Senate File 301, by Rife, a bill for an act relating to motorcycle
education and providing an effective date and a retroactive
applicability provision.
Read first time and passed on file.
Senate File 302, by Deluhery, a bill for an act relating to
establishing an affordable housing program in the Iowa finance
authority.
Read first time and passed on file.
Senate File 303, by Lind, a bill for an act defining residency for
the purpose of purchasing a hunting, fishing, or fur harvester license.
Read first time and passed on file.
Senate File 304, by Tinsman and Szymoniak, a bill for an act
relating to health care reform by establishing an income tax deduction,
and providing an effective date and applicability provision.
Read first time and passed on file.
Senate File 305, by Deluhery, a bill for an act to require the
state audit of certain intergovernmental entities.
Read first time and passed on file.
Senate File 306, by committee on State Government, a bill for an
act authorizing governmental units to enter into guaranteed energy cost
savings contracts.
Read first time and placed on calendar.
BUSINESS PENDING
Senate File 160
The Senate resumed consideration of 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, and amendment
S-3116 by Senator Bartz to page 1 of the bill, previously deferred.
Senator Vilsack raised the point of order that amendment S-3116 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-3116 out of
order.
Senator Hedge offered amendment S-3115 filed by him from the floor
to page 2 of the bill and moved its adoption.
Amendment S-3115 was adopted by a voice vote.
Senator Vilsack 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. 160) the vote was:
Ayes, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Nays, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that Senate File
160 be immediately messaged to the House.
INTRODUCTION OF BILLS
Senate File 307, by committee on Human Resources, a bill for an
act relating to public health by regulating tobacco sales and use and
providing a penalty.
Read first time and placed on calendar.
Senate File 308, by Priebe, a bill for an act establishing a
preference in the sale of nonresident hunting or fur harvester licenses
to nonresidents who own land in this state.
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. 287 Judiciary
S.F. 288 Judiciary
S.F. 289 Human Resources
S.F. 294 Education
S.F. 295 Ways and Means
S.F. 297 Small Business, Econ. Dev. & Tourism
S.F. 299 State Government
S.F. 300 Ways and Means
S.F. 301 Transportation
S.F. 302 Small Business, Econ. Dev. & Tourism
S.F. 303 Natural Resources
S.F. 304 Ways and Means
S.F. 305 State Government
S.C.R. 22 State Government
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Forty-two fifth grade students from Lenox Elementary School, Lenox,
Iowa. Senator Boswell.
COMPANION BILL RECEIVED
On March 9, 1995, House File 117 was received and attached to
companion Senate File 261 on the Senate calendar.
COMMITTEE REPORTS
COMMERCE
Final Bill Action: SENATE FILE 67, a bill for an act relating to
requiring regulated utilities to maintain an office within the state.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Deluhery, Hansen, Jensen, Douglas, Flynn, Freeman,
Gettings, Gronstal, Hedge, Husak, Lundby, Palmer and Priebe and Redfern.
Nays, none. Absent or not voting, 1: Bisignano.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 162, a bill for an act eliminating the
minimum amount which must be borrowed under a home equity line of
credit.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Deluhery, Hansen, Jensen, Douglas, Flynn, Freeman,
Gettings, Gronstal, Hedge, Husak, Lundby, Palmer and Priebe and Redfern.
Nays, none. Absent or not voting, 1: Bisignano.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
HUMAN RESOURCES
Final Bill Action: *SENATE FILE 307 (SSB 149), a bill for an act
relating to public health by regulating tobacco sales and use and
providing a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Dvorksy, Kramer,
Neuhauser, Tinsman and Vilsack. Nays, 2: Bartz and 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 307 and they were attached to the committee
report.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 40, a bill for an act relating to
exempting employees of the state fair authority from the state merit
personnel system.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 64, a bill for an act relating to the
sale price of alcoholic liquor by a class E liquor control licensee, and
subjecting violators to criminal and civil penalties.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Kibbie, Bisignano, Connolly, Dearden, Fink,
Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Nays, 4:
Gronstal, Rittmer, Bennett and Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 106, a bill for an act to provide
disaster leave for certain state employees.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3117.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 197, a bill for an act relating to the
confidentiality of financial information provided to the department of
agriculture and land stewardship and providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 251, a bill for an act relating to the
legal age for gambling, providing an effective date, and providing a
retroactive applicability provision.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bisignano, Connolly,
Dearden, Drake, Fink, Giannetto, Lind, Lundby, McLaren and Sorensen.
Nays, 2: Bennett and Halvorson.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 306 (SSB 235), a bill for an act
authorizing governmental units to enter into guaranteed energy cost
savings contracts.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
McLaren and Sorensen. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF BILL
Senate File 309, by Tinsman, a bill for an act relating to the
taxation of pensions for state individual income tax purposes and
providing a retroactive applicability date provision.
Read first time under Rule 28 and passed on file.
AMENDMENTS FILED
S-3107 S.F. 160 Allen Borlaug
S-3108 S.F. 160 Allen Borlaug
S-3109 S.C.R. 15 House amendment
S-3110 S.F. 160 Merlin E. Bartz
Tony Bisignano
S-3111 S.F. 160 Stewart E. Iverson, Jr.
S-3112 S.F. 160 Mary Neuhauser
Tom Vilsack
S-3113 S.F. 160 Tom Vilsack
S-3114 S.F. 259 Albert Sorensen
S-3115 S.F. 160 H. Kay Hedge
S-3116 S.F. 160 Merlin E. Bartz
S-3117 S.F. 106 State Government
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 6:20 p.m., until
1:00 p.m., Monday, March 13, 1995.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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