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NINETY-SECOND CALENDAR DAY
FIFTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, April 10, 1995
The Senate met in regular session at 2:22 p.m., President Boswell
presiding.
Prayer was offered by Father Donald P. Schmitt, pastor of the St.
Athanasuis Church, Jesup, Iowa.
The Journal of Thursday, April 6, 1995, was approved.
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 April 6, 1995, passed the following bill in which the
concurrence of the House was asked:
Senate File 140, a bill for an act to legalize the proceedings
taken by the administration and board of directors of the Cedar Rapids
Community School District concerning the sale of certain school district
property and providing an effective date.
ALSO: That the House has on April 6, 1995, passed the following
bills in which the concurrence of the Senate is asked:
House File 518, a bill for an act relating to authorization of
price regulation for utilities providing communications services.
This bill was read first time and passed on file.
House File 530, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state civil
rights commission, the department of elder affairs, the Iowa department
of public health, the department of human rights, the commission of
veterans affairs, and the governors alliance on substance abuse.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 469, by committee on Ways and Means, a bill for an act
relating to the definition of business income for purposes of the state
corporate income tax and providing effective and applicability date
provisions.
Read first time and placed on Ways and Means Calendar.
Senate File 470, by committee on Ways and Means, a bill for an act
relating to the imposition of a local option sales and services tax in
certain cities located in two counties and providing an effective date.
Read first time and placed on Ways and Means Calendar.
Senate File 471, by committee on Ways and Means, a bill for an act
relating to the wagering tax on gambling games at pari-mutuel racetrack
enclosures.
Read first time and placed on Ways and Means Calendar.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator McKean until he arrives on request of Senator Freeman.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that the
following bills on the Senate Calendar no longer eligible under Joint
Rule 20 be referred to committee:
S.F. 67 Commerce
S.F. 77 Local Government
S.F. 194 Local Government
S.F. 198 Local Government
S.F. 254 Judiciary
S.F. 259 State Government
S.F. 283 Transportation
S.F. 378 Transportation
S.F. 383 Business and Labor
S.F. 393 Education
S.F. 415 Natural Resources, Environment and
Energy
S.F. 425 State Government
S.F. 451 Judiciary
S.F. 455 Judiciary
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that the
following bills on the Senate Regular Calendar be referred to committee:
H.F. 247 Ways and Means
H.F. 334 Appropriations
H.F. 489 Ways and Means
H.F. 517 Ways and Means
H.F. 519 Agriculture
CONFIRMATION OF GOVERNORS APPOINTMENTS
(En Bloc Confirmation Calendar)
In accordance with Senate Rule 59, Senator Horn called up the
following eligible appointees on the En Bloc Confirmation Calendar:
Paul S. Stave as a member of the Accountancy Examining Board.
Warren G. Lawson as Adjutant General.
Romelle H. Slaughter as Administrator of the Division on the Status
of African-Americans.
Denise A. Harklau as a member of the Athletic Trainer Advisory
Board.
Alan L. Thompson as a member of the Board of Barber Examiners.
Frances V. Colston as a member of the Board of Corrections.
James E. Ehmen and Jacqueline M. Parkin as members of the Board of
Educational Examiners.
Dr. James M. Caterine as a member of the Board of Medical
Examiners.
Regene L. Osborne and Richard A. Petersen as members of the Board
of Nursing Examiners.
Jay J. Cayner as a member of the Board of Pharmacy Examiners.
Diana R. Brower as a member of the Board of Physical and
Occupational Therapy Examiners.
Patricia A. Banwart as a member of the Board of Physician Assistant
Examiners.
Dr. William W. Gronen as a member of the Board of Podiatry
Examiners.
Alan K. Heidecker as a member of the Board of Speech Pathology and
Audiology Examiners.
Polly A. Adam and Marvin W. Tuttle as members of the Commission on
the Deaf.
Gerald D. Bair as Director of Revenue and Finance.
Dwayne C. Garber and Anne W. McKeown as members of the Engineering
and Land Surveying Examining Board.
Margaret P. Borgen as a member of the First in the Nation in
Education Foundation Governing Board.
Richard P. Tekippe as a member of the Indigent Defense Advisory
Commission.
Jacklyn K. Van Ekeren as a member of the Iowa Petroleum Underground
Storage Tank Fund Board.
Elaine A. Pfalzgraf as a member of the Iowa Council on Human
Investment.
James W. Balmer, Darwin T. Lynner, Jr. and Roosevelt Taylor as
members of the Iowa Finance Authority.
Terry W. Evans as a member of the Iowa Grain Indemnity Fund Board.
Sally M. ODonnell as a member of the Iowa State Civil Rights
Commission.
Alfred C. Bohling, Jr. as a member of the Landscape Architectural
Examining Board.
Gary L. Gansemer and Barbara J. Lips as members of the Mental
Health and Developmental Disabilities Commission.
Earl L. Howard as a member of the Respiratory Care Advisory
Committee.
Ellengray G. Kennedy as a member of the State Board of Regents.
Gayle M. Vogel as a member of the State Board of Tax Review.
Mary Ann B. Drish as a member of the State Soil Conservation
Committee.
Senator Horn moved that the foregoing appointees be confirmed by
the Senate.
On the question Shall the appointees be confirmed? 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
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
92nd Day MONDAY, APRIL 10, 1995 1089
McLaren
The appointees having received a two-thirds vote were declared to
have been confirmed by the Senate.
MOTION TO RECONSIDER ADOPTED
Senator Husak called up the motion to reconsider Senate File 180
filed by him on April 3, 1995, found on page 1020 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (S.F.
180) the vote was:
Ayes, 39:
Banks Bartz 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
Lind Lundby Murphy Neuhauser
Palmer Redfern Rensink Sorensen
Szymoniak Vilsack Zieman
Nays, 10:
Bennett Bisignano Black Kramer
Maddox McKean Priebe Rife
Rittmer Tinsman
Absent or not voting, 1:
McLaren
The motion prevailed.
Senator Husak moved to reconsider the vote by which Senate File 180
went to its last reading, which motion prevailed by a voice vote.
Senate File 180
On motion of Senator Sorensen, Senate File 180, a bill for an act
relating to the determination of the annual salary of a deputy sheriff,
was taken up for reconsideration.
Senator Rittmer asked and received unanimous consent that action on
Senate File 180 be deferred.
CONSIDERATION OF BILLS
(Regular Calendar)
House File 277
On motion of Senator Boettger, House File 277, a bill for an act
concerning health care coverage availability to unemployed individuals,
with report of committee recommending passage, was taken up for
consideration.
Senator Boettger 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. 277) 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.
House File 118
On motion of Senator Vilsack, House File 118, a bill for an act
relating to compensation of volunteer fire fighters when subpoenaed as
witnesses, with report of committee recommending passage, was taken up
for consideration.
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? (H.F. 118) 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.
House File 238
On motion of Senator Deluhery, House File 238, a bill for an act
relating to the joint purchase of group health benefits by multiple
school districts or area education agencies pursuant to an
intergovernmental agreement, with report of committee recommending
passage, was taken up for consideration.
Senator Deluhery 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. 238) 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 Rife
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Rittmer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 337
On motion of Senator Szymoniak, House File 337, a bill for an act
to amend the criteria and procedures necessary to establish that a
person is seriously mentally impaired for purposes of involuntary
hospitalization, with report of committee recommending passage, was
taken up for consideration.
Senator Szymoniak asked and received unanimous consent that action
on House File 337 be deferred.
House File 387
On motion of Senator Connolly, House File 387, a bill for an act
relating to the appointment of the student member to the state board of
regents, reducing the student members term, and providing implementation
and transition provisions, with report of committee recommending
passage, was taken up for consideration.
Senator Lind offered amendment S-3374 filed by him from the floor
to pages 1 and 2 of the bill.
Senator Connolly raised the point of order that amendment S-3374
was not germane to the bill.
The Chair ruled the point not well taken and amendment S-3374 in
order.
Senator Lind moved the adoption of amendment S-3374.
A non record roll call was requested.
The ayes were 30, nays 12.
Amendment S-3374 was adopted.
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? (H.F. 387) 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.
House File 425
On motion of Senator Gronstal, House File 425, a bill for an act
repealing air toxics fees, with report of committee recommending
passage, was taken up for consideration.
Senator Gronstal 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. 425) 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.
House File 475
On motion of Senator Gronstal, House File 475, a bill for an act
relating to the state archivists office, with report of committee
recommending passage, was taken up for consideration.
Senator Gronstal 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. 475) 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 Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Neuhauser
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 483
On motion of Senator Vilsak, House File 483, a bill for an act
relating to activities of the department of human services, including
provisions involving the state hospital-schools and other institutions,
commitments of persons with mental retardation, and the departments
public housing unit, with report of committee recommending amendment and
passage was taken up for consideration.
Senator Szymoniak offered amendment S-3362 filed by the committee
on Human Resources on April 5, 1995, to pages 2 and 8 of the bill and
moved its adoption.
Amendment S-3362 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? (H.F. 483) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
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.
Absent or not voting, 1:
Connolly
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that the
following bills on the Senate Calendar no longer eligible under Joint
Rule 20 be referred to committee:
S.F. 64 State Government
S.F. 108 Judiciary
S.F. 127 Rules and Administration
S.F. 188 Business and Labor
S.F. 196 Business and Labor
S.F. 243 Transportation
S.F. 299 State Government
S.F. 334 Agriculture
S.F. 405 Natural Resources, Environ. & Energy
S.F. 421 Commerce
S.F. 426 State Government
S.F. 430 Human Resources
S.F. 434 Ethics
S.F. 456 Local Government
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Concurrent Resolution 26.
Senate Concurrent Resolution 26
On motion of Senator Giannetto, Senate Concurrent Resolution 26, 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, was taken up for consideration.
Senator Giannetto moved the adoption of Senate Concurrent
Resolution 26, which motion prevailed by a voice vote.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House Files 115, 128, 212, 289, 303, 406, 456 and 504.
House File 115
On motion of Senator Douglas, House File 115, a bill for an act
relating to rest areas by permitting refreshments during holiday periods
and concerning the promotion of Iowa agricultural products, with report
of committee recommending passage, was taken up for consideration.
Senator Douglas 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. 115) 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 was agreed to.
House File 128
On motion of Senator Fraise, House File 128, a bill for an act
relating to administrative procedures of rural water districts, with
report of committee recommending passage, was taken up for
consideration.
Senator Sorensen offered amendment S-3358 filed by him on April 5,
1995, to page 1 and the title page of the bill and moved its adoption.
Amendment S-3358 was adopted by a voice vote.
Senator Fraise 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. 128) 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 as amended was agreed to.
House File 212
On motion of Senator Black, House File 212, a bill for an act
relating to the delegation of authority to an administrative agency of a
city, with report of committee recommending passage, 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? (H.F. 212) 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 Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack
Nays, 1:
Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 289
On motion of Senator Gronstal, House File 289, a bill for an act
relating to solid waste tonnage fees, with report of committee
recommending amendment and passage, was taken up for consideration.
Senator Gronstal offered amendment S-3364 filed by the committee on
Natural Resources on April 6, 1995, to page 3 of the bill and moved its
adoption.
Amendment S-3364 was adopted by a voice vote.
President pro tempore Bisignano took the chair at 4:20 p.m.
Senator Gronstal 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. 289) 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.
House File 303
On motion of Senator Gronstal, House File 303, a bill for an act
relating to pipelines and underground storage of hazardous liquids, and
providing penalties and effective and retroactive applicability date
provisions, with report of committee recommending amendment and passage,
was taken up for consideration.
Senator Gronstal offered amendment S-3365 filed by the committee on
Natural Resources, on April 6, 1995, to pages 13, 19 and 37 of the bill.
Senator Gronstal asked and received unanimous consent that action
on amendment S-3365 and House File 303 be deferred.
House File 406
On motion of Senator Halvorson, House File 406, a bill for an act
relating to the investment of the proceeds of bond issues and other
evidences of indebtedness and the use of earnings from the investment,
with report of committee recommending passage, was taken up for
consideration.
Senator Halvorson 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. 406) 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.
House File 456
On motion of Senator Husak, House File 456, a bill for an act
relating to grain transactions, by providing for credit-sale contracts,
with report of committee recommending passage, was taken up for
consideration.
Senator Husak 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. 456) 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.
House File 504
On motion of Senator Gettings, House File 504, a bill for an act
relating to a motor vehicle owners liability for damages caused by the
driver, with report of committee recommending amendment and passage, was
taken up for consideration.
Senator Gettings offered amendment S-3368 filed by the committee on
Transportation on April 6, 1995, to page 1 of the bill and moved its
adoption.
Amendment S-3368 was adopted by a voice vote.
Senator Gettings 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. 504) 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 House Files
277, 118, 238, 387, 425, 475, 483, 115, 128, 212, 289, 406, 456, 504 and
Senate Concurrent Resolution 26 be immediately messaged to the House.
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 April 10, 1995, passed the following bills in which the
concurrence of the House was asked:
Senate File 157, a bill for an act relating to solid waste by
eliminating the polystyrene ban and providing an effective date.
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.
Senate File 280, a bill for an act authorizing townships to
provide emergency medical services.
ALSO: That the House has on April 10, 1995, amended and passed the
following bills in which the concurrence of the Senate is asked:
Senate File 94, a bill for an act relating to reciprocal license
fees for nonresident real estate brokers and salespersons (S-3378).
Senate File 117, a bill for an act adopting a new uniform
anatomical gift Act and providing a penalty (S-3375).
Senate File 118, a bill for an act relating to the development and
implementation of a coordinated statewide trauma care delivery system
and providing penalties and immunity from liability (S-3379).
Senate File 278, a bill for an act providing that animals
classified as ostriches, rheas, and emus are considered livestock
(S-3380).
INTRODUCTION OF BILL
Senate File 472, by committee on Ways and Means, a bill for an act
relating to the local option sales and services tax by authorizing
political subdivisions that will receive revenues from the tax to issue
bonds in anticipation of the receipt of the revenues and providing an
effective date.
Read first time and placed on Ways and Means Calendar.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: April 6, 1995, 8:00 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Banks, Boswell,
Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Palmer, Sorensen and
Zieman.
Members Absent: Bartz, Ranking Member (excused) and Black.
Committee Business: Recommended passage of House Files 519 and 456.
Adjourned: 8:56 a.m.
BUSINESS AND LABOR
Convened: April 6, 1995, 9:56 a.m.
Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking
Member; Connolly, Dvorsky, Giannetto, Hammond, Iverson and Maddox.
Members Absent: Banks (excused).
Committee Business: Assigned bill to subcommittee; recommended passage
of House File 258 as amended.
Adjourned: 10:07 a.m.
COMMERCE
Convened: April 6, 1995, 3:18 p.m.
Members Present: Deluhery, Chair; Jensen, Ranking Member; Bisignano,
Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby,
Priebe and Redfern.
Members Absent: Hansen, Vice Chair (excused) and Palmer.
Committee Business: Recommended passage of House File 520; amended House
File 126 and the bill without recommendation.
Adjourned: 3:37 p.m.
COMMERCE
Convened: April 6, 1995, 4:21 p.m.
Members Present: Deluhery, Chair; Jensen, Ranking Member; Bisignano,
Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby,
Palmer, Priebe and Redfern.
Members Absent: Hansen, Vice Chair (excused).
Committee Business: Recommended passage of House File 486 as amended.
Adjourned: 4:30 p.m.
COMMUNICATIONS AND INFORMATION POLICY
Convened: April 6, 1995, 8:25 a.m.
Members Present: Dvorsky, Chair; McLaren, Ranking Member; Flynn, Hansen,
Jensen and Redfern.
Members Absent: Deluhery, Vice Chair (excused).
Committee Business: Assigned bills to subcommittees; presentations by
the president of the Iowa league of women voters and the director of the
Davenport public library.
Adjourned: 11:04 a.m.
EDUCATION
Convened: April 6, 1995, 8:55 a.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind, Murphy,
Neuhauser, Rensink and Tinsman.
Members Absent: Szymoniak (excused).
Committee Business: Discussed House File 334.
Adjourned: 9:02 a.m.
Reconvened: April 6, 1995, 9:29 a.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind, Murphy,
Neuhauser, Rensink and Tinsman.
Members Absent: Szymoniak (excused).
Committee Business: Assigned bills to subcommittees; recommended passage
of House File 334 as amended.
Adjourned: 9:46 a.m.
JUDICIARY
Convened: April 6, 1995, 11:30 a.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Boettger, Halvorson, Hammond, Hansen and Maddox.
Members Absent: Bartz, Bisignano, Drake, Fraise, Neuahuser, Redfern and
Szymoniak (all excused).
Committee Business: Placed House File 94 on the calendar without
recommendation.
Adjourned: 11:45 a.m.
LOCAL GOVERNMENT
Convened: April 6, 1995, 3:20 p.m.
Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
Member; Black, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman.
Members Absent: none.
Committee Business: Assigned bill to subcommittee; recommended passage
of House Files 128, 428, 406, 470, 489 and 212.
Adjourned: 3:50 p.m.
STATE GOVERNMENT
Convened: April 6, 1995, 2:40 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Lind,
Lundby, McLaren and Sorensen.
Members Absent: Giannetto (excused) and Halvorson.
Committee Business: Recommended passage of House Files 447 and 437 and
House Joint Resolution 13.
Recessed: 3:10 p.m.
Reconvened: April 6, 1995, 4:20 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Bennett,
Bisignano, Drake, Fink, Giannetto, Halvorson, Lind and Sorensen.
Members Absent: Rittmer, Ranking Member; Connolly, Dearden, Lundby and
Mc Laren (all excused).
Committee Business: Recommended passage of House File 494.
Adjourned: 4:23 p.m.
TRANSPORTATION
Convened: April 6, 1995, 10:45 a.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Black, Dearden, Douglas, Fink, Halvorson, Jensen and Rittmer.
Members Absent: Connolly and Lind (both excused).
Committee Business: Recommended passage of House Files 514, 340, 517 and
115; recommended passage of House Files 393, 504 and 460 as amended.
Adjourned: 11:11 a.m.
PETITIONS
The following petitions were presented and placed on file by:
Senator Husak from 182 residents of Benton, Black Hawk, Iowa and
Tama Counties favoring legislation to enact stronger laws concerning
branding and brand inspections, including inspections of brands at all
livestock and horse sales/auctions.
Senator McLaren from 63 residents of Montgomery County favoring
issuance of motor vehicle licenses by county treasurers.
Senator Palmer from 45 residents of Polk County favoring
reestablishing funding for the Older Iowans Legislature.
PRESENTATION OF VISITORS
Senator Dearden presented Dr. Li Xiaotao and Nurse Yan Ying from
Hebei People Hospital, Shijiazhung, Hebei, China. They will be working
at Mercy Medical Center until July, 1995.
Senator Kramer presented the following group of journalists from
seven counties of the former Soviet Union:
Alexander Pukemov, Usbekistan; Kainar Olzhayev, Kazakhstan; Victor
Verk, Kazakhstan; Mikhail Ustyugov, Kazakhstan; Miriam Marvtyunian,
Armenia; Vasile Grozavv, Moldova; Anatol Barbei, Moldova; Alexander
Sambrus, Ukraine and Victor Malikov, Ukraine.
The Chair welcomed the following visitors who were present in the
Senate gallery:
Forty students from the Iowa Podiatric Medical College. Senator
Szymoniak.
COMMUNICATION FROM THE GOVERNOR
The following communication from the governor was presented:
April 7, 1995
Mr. John Dwyer
Secretary of the Senate
State Capitol Building
L O C A L
Dear Mr. Dwyer:
Due to the resignation of Judge Carlynn D. Grupp from the Indigent
Defense Advisory Commission, her name is hereby withdrawn from
consideration by the Senate.
This position is deferred at this time until an appropriate
candidate can be found.
Sincerely, TERRY E. BRANSTAD Governor
STUDY BILLS RECEIVED
SSB 360
Ways and Means
Relating to the state franchise tax imposed on financial
institutions by disallowing the deduction for expenses related to a
financial institutions investment in investment subsidiaries and
providing effective and applicability dates.
SSB 361
Ways and Means
Providing for technology for classrooms for the twenty-first
century and making an appropriations.
SUBCOMMITTEE ASSIGNMENTS
Senate File 415
NATURAL RESOURCES, ENVIRONMENT & ENERGY: Fink, Chair; Black and Lundby.
House File 177
NATURAL RESOURCES, ENVIRONMENT & ENERGY: Fink, Chair; Black and Lundby.
House File 486
COMMERCE: Deluhery, Chair; Gettings and Hedge
House File 494
STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer
BILL ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bill to
committee:
H.F. 530 Appropriations
COMMITTEE REPORTS
COMMERCE
Final Bill Action: HOUSE FILE 486, a bill for an act relating to the
regulation of cemetery operators and the regulation of perpetual care
cemeteries and nonperpetual care cemeteries, establishing requirements
related to the sale of preneed funeral contracts and the sale of funeral
and cemetery merchandise, establishing fees and use of those fees, and
providing penalties.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3376.
Final Vote: Ayes, 13: Deluhery, Jensen, Bisignano, Douglas, Flynn,
Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer, Priebe and
Redfern. Nays, 1: Lundby. Absent or not voting, 1: Hansen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
TRANSPORTATION
Final Bill Action: SENATE CONCURRENT RESOLUTION 10, a concurrent
resolution relating to border city trucking agreements.
Recommendation: DO PASS.
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.
WAYS AND MEANS
Final Bill Action: SENATE FILE 469 (SSB 343.1), a bill for an act
relating to the definition of business income for purposes of the state
corporate income tax and providing effective and applicabiity date
provisions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Palmer, Husak, Bennett, Drake, Freeman, Hedge,
Iverson, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Absent or
not voting, 4: Connolly, Deluhery, McLaren and Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 470 (SSB 359), a bill for an act relating
to the imposition of a local option sales and services tax in certain
cities located in two counties and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Palmer, Husak, Bennett, Connolly, Drake, Freeman,
Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and
Vilsack. Nays, none. Absent or not voting, 1: Deluhery.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 471 (SSB 142), a bill for an act relating
to the wagering tax on gambling games at pari-mutuel racetrack
enclosures.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Palmer, Husak, Drake, Freeman, Hedge, Iverson,
Neuhauser, Priebe, Szymoniak and Vilsack. Nays, 1: Bennett. Absent or
not voting, 4: Connolly, Deluhery, McLaren and Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 472 (SSB 353), a bill for an act
relating to the local option sales and services tax by authorizing
political subdivisions that will receive revenues from the tax to issue
bonds in anticipation of the receipt of the revenues and providing an
effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Palmer, Husak, Bennett, Connolly, Drake, Freeman,
Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and
Vilsack. Nays, none. Absent or not voting, 1: Deluhery.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Ways and Means
Committee on Senate File 472 and they were attached to the committee
report.
AMENDMENTS FILED
S-3374 H.F. 387 Jim Lind
S-3375 S.F. 117 House amendment
S-3376 H.F. 486 Commerce
S-3377 H.F. 514 Bill Fink
S-3378 S.F. 94 House amendment
S-3379 S.F. 118 House amendment
S-3380 S.F. 278 House amendment
S-3381 H.F. 246 Tom Vilsack
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 4:40 p.m., until
9:00 a.m., Tuesday, April 11, 1995.
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Index: Senate Journal (76th General Assembly: Session 1)
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