Iowa General Assembly Banner


Previous Day: Monday, April 17Next Day: Wednesday, April 19
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Previous Page: 1288Today's Journal Page

Senate Journal: Page 1289: Tuesday, April 18, 1995

                              EXPLANATION OF VOTES

         MR. PRESIDENT: I was necessarily absent from the Senate Chamber
    when the vote was taken on the following bills. Had I been present, I
    would have voted aye on the bills.

         Senate Files 82, 436, 433, 66, 87, 470, 473.

                                                         PATRICK J. DELUHERY



                                AMENDMENTS FILED


         S-3476        S.F.          478           Randal J. Giannetto
         S-3477        S.F.          315           House amendment
         S-3478        S.F.          201           House amendment
         S-3479        S.F.          398           House amendment
         S-3480        S.F.          457           House amendment
         S-3481        H.F.          203           Randal J. Giannetto
         S-3482        S.F.          478           Randal J. Giannetto
                                                   Richard F. Drake
         S-3483        S.F.          477           Mary Lundby
         S-3484        H.F.          519           Agriculture
         S-3485        S.F.          477           Wayne Bennett



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 5:20 p.m., until
    9:00 a.m., Wednesday, April 19, 1995.

             [                        ONE HUNDRED FIRST CALENDAR DAY

                              SIXTIETH SESSION DAY

                                 Senate Chamber

                   Des Moines, Iowa, Wednesday, April 19, 1995



         The Senate met in regular session at 9:23 a.m., President Boswell
    presiding.

         Prayer was offered by the Reverend David Wagoner, pastor of the
    Onawa United Methodist Church, Onawa, Iowa.

         The Journal of Tuesday, April 18, 1995, was approved.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Connolly until he arrives on request of Senator Horn.



                             HOUSE MESSAGE RECEIVED

         The following message was received from the Chief Clerk of the
    House:

         MR. PRESIDENT: I am directed to inform your honorable body that the
    members of the Conference Committee appointed April 19, 1995, on House
    File 553, a bill for  an act relating to agriculture and natural
    resources, including for appropriations involving agriculture and
    natural resources, providing related statutory changes, and providing
    effective dates, on the part of the House are: The Representative from
    Muscatine, Mr. Hahn, Chair; the Representative from Jackson, Mr.
    Cornelius; the Representative from Washington, Ms. Greiner; the
    Representative from Mitchell, Mr. Koenigs; the Representative from
    Kossuth, Ms. Mertz.



                                   QUORUM CALL

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

         The vote revealed 47 present, 3 absent and a quorum present.

         The Senate stood at ease at 9:50 a.m. until the fall of the gavel
    for the purpose of a committee meeting.

         The Senate resumed session at 10:35 a.m., President Boswell
    presiding.

         The Senate stood at ease at 10:38 a.m. until the fall of the gavel
    for the purpose of party caucuses.

         The Senate resumed session at 11:23 a.m., President pro tempore
    Bisignano presiding.



                             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 19, 1995, passed the following bill in which the
    concurrence of the House was asked:

         Senate File 202, a bill for  an act relating to public health
    issues, including certain birth certificates and licensing of athletic
    trainers.

         ALSO: That the House has on April 19, 1995, concurred in the Senate
    amendment and passed the following bills in which the concurrence of the
    House was asked:

         House File 113, a bill for  an act relating to the definition of
    resident for the purpose of obtaining licenses to hunt, fish, trap, or
    take protected species of animals and providing for other properly
    related matters.

         House File 504, a bill for  an act relating to a motor vehicle
    owners liability for damages caused by the driver.



                                     RECESS

         On motion of Senator Horn, the Senate recessed at 11:33 a.m., until
    1:45 p.m.

                                    APPENDIX



                      REPORT OF THE SECRETARY OF THE SENATE

         MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
    preparing the Senate Amendment to House File 461, the following
    correction was made:

         Amendment S-3475:

         1. Page 1, line 21, the word compete was changed to the word
    complete.

    JOHN F. DWYER Secretary of the Senate

                              PROOF OF PUBLICATION

         Verified proof of publication of Senate File 468 in accordance with
    Section 585.1 of the Code was filed with the Secretary of the Senate on
    April 19, 1995.



                           REPORT OF COMMITTEE MEETING

    AGRICULTURE

    Convened: April 18, 1995, 8:04 a.m.

    Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
    Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
    McLaren, Sorensen and Zieman.

    Members Absent: Palmer (excused).

    Committee Business: Discussed House File 519; amendments 519.735,
    519.244 division B, 519.322 and 519.736 were adopted; amendments 519.244
    divisions A and C and 519.237 were not adopted.

    Recessed: 8:53 a.m.

    Reconvened: April 18, 1995, 12:31 p.m.

    Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
    Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
    McLaren, Sorensen and Zieman.

    Members Absent: Palmer (excused).

    Committee Business: Discussed House File 519; motion made that all other
    amendments that were considered by the committee without objection were
    adopted; recommended passage of House File 519 as amended.

    Adjourned: 12:34 p.m.



                             REQUEST FOR PUBLICATION

         Senator Priebe asked and received unanimous consent that the
    following be printed in the Senate Journal:

                                  ODE TO DAVID

                                    My name is David -

                             But you may call me God

                             Hey wait - dont laugh!

                            Its the title of my job.

               Being a journalist-slash-political genius isnt easy

                        Because sometimes (but not often)

                           Its hard to be that sleazy.

                   With the power and prestige I get from work

                          People get jealous and angry

                            And say that I am a jerk.

                     Hmm... I wonder why people dont like me

                      Guess they dont appreciate my candor

                          But really - what can I say?

                        Its my job to insult and slander.

                        And people just dont get my humor

                           They just dont realize that

                      It can be really fun to start rumors.

                        So watch your mouth and your back

                  Im everywhere - watching and writing the news

                   Next it may be your character under attack

                         And come Mondays Register youll

                          be paying your dues. . . . .



         Authored by Senate Page Carrie Schnieders and presented by the
    Senate Pages during the Page skit at the Senate picnic on April 18,
    1995.



                                COMMITTEE REPORT

    JUDICIARY

    Final Bill Action: HOUSE FILE 562, a bill for an act to legalize the
    proceedings taken by the board of supervisors and county auditor of
    Mahaska county regarding the levy of a local option sales tax to finance
    the construction and maintenance of a county jail and providing an
    effective date.

    Recommendation: WITHOUT RECOMMENDATION.

    Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger,
    Drake, Fraise, Halvorson, Hansen, Maddox, Neuhauser, Redfern and
    Szymoniak. Nays, 2: Bisignano and Hammond.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                             PRESENTATION OF VISITOR

         Senator Tinsman presented Mrs. Diarra Fatoumata Dembelle, Advisor
    at the Appeals Court and President of the Malian Women Lawyers
    Association, Bamako, Mali, West Africa.

         Mrs. Dembelle is a participant in the United States Information
    Agencys  International Visitor Program to increase her understanding of
    U.S. community actions to educate women about their rights, and to study
    the American legal system.



                            SUBCOMMITTEE ASSIGNMENTS

                                 Senate File 430

    HUMAN RESOURCES: Szymoniak, Chair; Boettger and Vilsack

                                 House File 373

    WAYS AND MEANS: Connolly, Chair; Freeman and Palmer

                                 House File 482

    APPROPRIATIONS: Dvorsky, Chair; Flynn and McLaren

                                 House File 549

    WAYS AND MEANS: Bennett, Chair; Deluhery and Szymoniak

                                 House File 550

    WAYS AND MEANS: Iverson, Chair; Deluhery and Vilsack

                                 House File 519

    NATURAL RESOURCES, ENVIRON. & ENERGY: Black, Chair; Fink and Lundby.

                                 House File 558

    WAYS AND MEANS: Hedge, Chair; Husak and Priebe

                                 House File 559

    WAYS AND MEANS: Vilsack, Chair; McLaren and Neuhauser

                                 House File 560

    WAYS AND MEANS: Priebe, Chair; Connolly and McLaren



                                AMENDMENTS FILED


         S-3486        S.F.          459           John W. Jensen
         S-3487        H.F.          560           John P. Kibbie

                                AFTERNOON SESSION

         The Senate reconvened at 2:13 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 49 present, 1 absent and a quorum present.

         Senator Fink took the chair at 2:25 p.m.

         President pro tempore Bisignano took the chair at 2:32 p.m.

         Senator Judge took the chair at 2:50 p.m.

         President Boswell took the chair at 3:03 p.m.



                               HOUSE AMENDMENT TO

                           SENATE AMENDMENT CONSIDERED

    House File 41

         Senator Bartz called up for consideration House File 41, a bill for
    an act relating to the establishment of legal settlement for certain
    blind persons and providing an effective date, amended by the Senate,
    further amended by the House and moved that the Senate concur in House
    amendment S-3466 to Senate amendment H-3863 filed April 18, 1995.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment to the Senate amendment.

         Senator Bartz moved that the bill as amended by the Senate, further
    amended by the House and concurred in by the Senate, 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. 41) the vote was:

    Ayes, 48:


         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
         Neuhauser     Palmer        Priebe        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 2:

         Connolly      Murphy

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                           HOUSE AMENDMENT CONSIDERED

    Senate File 315

         Senator Tinsman called up for consideration Senate File 315, a bill
    for  an act relating to mental health and developmental disabilities
    assistance by extending a moratorium on the number of intermediate care
    facility for the mentally retarded beds and requiring certain reporting
    activities of the state-county management committee, and providing an
    effective date, amended by the House, and moved that the Senate concur
    in House amendment S-3477 filed April 18, 1995.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment.

         Senator Tinsman moved that the bill as amended by the House and
    concurred in by the Senate, 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. 315) 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 as amended was agreed to.



                          UNFINISHED BUSINESS CALENDAR

    House File 486

         On motion of Senator Hansen, 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, with report of committee
    recommending amendment and passage, and placed on the Unfinished
    Business Calendar on April 13, 1995, was taken up for consideration.

         Senator Hansen offered amendment S-3376 filed by the committee on
    Commerce on April 10, 1995, to pages 65, 69, 71, 74 and 75 of the bill
    and moved its adoption.

         Amendment S-3376 was adopted by a voice vote.

         Senator Rittmer offered amendment S-3459 filed by him on April 18,
    1995, to pages 3 and 34 of the bill and moved its adoption.

         Amendment S-3459 was adopted by a voice vote.

         Senator Rittmer offered amendment S-3460 filed by him on April 18,
    1995, to pages 5, 31, 35, 38 and 67 of the bill and moved its adoption.

         Amendment S-3460 was adopted by a voice vote.

         Senator Maddox asked and received unanimous consent that action  on
    House File 486 be deferred.



                               UNFINISHED BUSINESS

                            (Deferred April 18, 1995)

    Senate File 477

         The Senate resumed consideration of Senate File 477, a bill for an
    act establishing an oversight, audit and government reform committee,
    and providing an effective date, deferred April 18, 1995.

         Senator Bennett asked and received unanimous consent that action on
    Senate File 477 be deferred.



                           HOUSE AMENDMENT CONSIDERED

    Senate File 423

         Senator Redfern called up for consideration Senate File 423, a bill
    for an act relating to delayed deposit services businesses and providing
    penalties, amended by the House, and moved that the Senate concur in
    House amendment S-3434 filed April 13, 1995.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment.

         Senator Redfern moved that the bill as amended by the House and
    concurred in by the Senate, 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. 423) the vote was:

    Ayes, 48:


         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          Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    A bsent or not voting, 2:

         Connolly      Rittmer

         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 File
    41 be immediately messaged to the House and to send an immediate message
    to the House on Senate File 315.



                         MOTION TO RECONSIDER WITHDRAWN

    House File 246

         Senator Hammond withdrew the motion to reconsider House File 246, a
    bill for an act relating to civil litigation by inmates and prisoners
    and deductions from inmate accounts for certain expenses, including
    costs of litigation by inmates, filed by her on April 11, 1995, and
    found on page 1147 of the Senate Journal.



                               UNFINISHED BUSINESS

                            (Deferred April 17, 1995)

    House File 185

         The Senate resumed consideration of House File 185, a bill for an
    act relating to the sales, services, and use tax exemption for items
    used by printers and publishers, limiting the amount of refunds, and
    providing retroactive and applicability date provisions, and amendment
    S-3328 by Senator Iverson to page 2 of the bill, deferred April 17,
    1995.

         Senator Iverson moved the adoption of amendment S-3328, which
    motion prevailed by a voice vote.

         Senator Iverson offered amendment S-3275 filed by him on March 29,
    1995, to page 2 and the title page of the bill and moved its adoption.

         Amendment S-3275 was adopted by a voice vote.

         Senator Palmer asked and received unanimous consent that action  on
    House File 185 be deferred.



                          UNFINISHED BUSINESS CALENDAR

    Senate File 323

         On motion of Senator Kramer, Senate File 323, a bill for an act
    relating to the expansion of the volunteer physician program to apply to
    charitable organizations, with report of committee recommending passage,
    and placed on the Unfinished Business Calendar on April 6, 1995, was
    taken up for consideration.

         Senator Kramer offered amendment S-3494 filed by her from the floor
    to strike everything after the enacting clause and to the title page of
    the bill and moved its adoption.

         Amendment S-3494 was adopted by a voice vote.

         Senator Kramer asked and received unanimous consent that House File
    197 be substituted for Senate File 323 as amended.

    House File 197

         On motion of Senator Fraise, House File 197,  a bill for an act
    relating to the expansion of the volunteer physician program to include
    other health care providers, was taken up for consideration.

         Senator Kramer offered amendment S-3493 filed by her from the floor
    to pages 1, 2 and the title page of the bill and moved its adoption.

         Amendment S-3493 was adopted by a voice vote.

         Senator Kramer 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. 197) 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 as amended was agreed to.

         Senator Kramer asked and received unanimous consent that Senate
    File 323 be withdrawn from further consideration of the Senate.



                           HOUSE AMENDMENT CONSIDERED

    Senate File 398

         Senator Neuhauser called up for consideration  Senate File 398, a
    bill for an act relating to commutation of sentences of persons who have
    been sentenced to life imprisonment, amended by the House in House
    amendment S-3479 filed April 18, 1995.

         Senator Neuhauser offered amendment S-3492 filed by her from the
    floor to House amendment S-3479 and moved its adoption.

         Amendment S-3492 was adopted by a voice vote.

         Senator Neuhauser moved that the Senate concur in the House
    amendment as amended.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment as amended.

         Senator Neuhauser moved that the bill as amended by the House,
    further amended and concurred in by the Senate, 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. 398) 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.



                                BUSINESS PENDING

    House File 185

         The Senate resumed consideration of House File 185, a bill for  an
    act relating to the sales, services, and use tax exemption for items
    used by printers and publishers, limiting the amount of refunds, and
    providing retroactive and applicability date provisions, previously
    deferred.

         Senator Palmer filed the following motion to reconsider from the
    floor and moved its adoption:

         MR. PRESIDENT: I move to reconsider the vote by which amendment
    S-3275 to House File 185 passed the Senate on April 19, 1995.

         The motion prevailed by a voice vote and amendment S-3275 by
    Senator Iverson to page 2 and the title page was taken up for
    reconsideration.

         Senator Iverson moved the adoption of amendment S-3275, which
    motion lost by a voice vote.

         Senator Iverson 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. 185) the vote was:

    Ayes, 42:


         Bartz         Bennett       Bisignano     Black
         Boettger      Borlaug       Boswell       Dearden
         Deluhery      Douglas       Dvorsky       Fink
         Flynn         Fraise        Freeman       Gettings
         Giannetto     Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Jensen
         Judge         Kibbie        Kramer        Lind
         Lundby        Maddox        McKean        McLaren
         Murphy        Palmer        Priebe        Redfern
         Rensink       Rife          Rittmer       Szymoniak
         Tinsman       Zieman

    Nays, 7:

         Banks         Drake         Gronstal      Iverson
         Neuhauser     Sorensen      Vilsack

    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.



                                    WITHDRAWN

         Senator Iverson asked and received unanimous consent that Senate
    File 18 be withdrawn from further consideration of the Senate.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that House File
    197 and Senate File 398 be immediately messaged to the House and to send
    an immediate message on Senate File 423 to the House.



                                BUSINESS PENDING

    House File 486

         The Senate resumed consideration of 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, previously
    deferred.

         Senator Maddox filed the following motion to reconsider from the
    floor and moved its adoption:

         MR. PRESIDENT: I move to reconsider the vote by which amendment
    S-3376 to House File 486 was adopted by the Senate on April 19, 1995.

         The motion prevailed by a voice vote and amendment S-3376 by the
    committee on Commerce was taken up for reconsideration.

         Senator Maddox offered amendment S-3498 filed by him from the floor
    to amendment S-3376 and moved its adoption.

         Amendment S-3498 was adopted by a voice vote.

         Senator Hanson moved the adoption of amendment S-3376 as amended,
    which motion prevailed by a voice vote.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Freeman until she returns on request of Senator Rife.



                                BUSINESS PENDING

    House File 486

         Senator Hansen 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. 486) the vote was:

    Ayes, 48:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Flynn         Fraise
         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, 2:

         Connolly      Freeman

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

    House Concurrent Resolution 8

         On motion of Senator Black, House Concurrent Resolution 8, a
    concurrent resolution supporting the United Nations recognition of the
    Republic of China on Taiwan, with report of committee recommending
    passage, was taken up for consideration.

         Senator Black moved the adoption of House Concurrent Resolution 8,
    which motion prevailed by a voice vote.



                           HOUSE AMENDMENTS CONSIDERED

    Senate File 85

         Senator Priebe called up for consideration  Senate File 85, a bill
    for an act providing for the regulation of farm deer and making
    penalties applicable,  amended by the House, and moved that the Senate
    concur in House amendment S-3467 filed April 18, 1995.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment.

         Senator Priebe moved that the bill as amended by the House and
    concurred in by the Senate, be read the last time now and placed upon
    its passage, which motion prevailed by a voice vote and the bill was
    read the last time.

         On the question Shall the bill pass? (S.F. 85) the vote was:

    Ayes, 47:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Dearden       Deluhery      Douglas       Dvorsky
         Fink          Flynn         Fraise        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, 3:

         Connolly      Drake         Freeman

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    Senate File 457

         Senator Giannetto called up for consideration Senate File 457, a
    bill for an act relating to the civil rights commission concerning the
    enforcement of civil rights laws, and the promotion and transfer of
    employed disabled persons, amended by the House, and moved that the
    Senate concur in House amendment S-3480 filed April 18, 1995.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment.

         Senator Giannetto moved that the bill as amended by the House and
    concurred in by the Senate, 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. 457) the vote was:

    Ayes, 48:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Flynn         Fraise
         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, 2:

         Connolly      Freeman

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.



                          UNFINISHED BUSINESS CALENDAR

    House File 258

         On motion of Senator Dearden, House File 258, a bill for an act
    relating to drug testing of certain employees and applicants for
    employment, providing for employer defenses, and making penalties
    applicable, with report of committee recommending amendment and passage,
    and placed on the Unfinished Business Calendar on April 13, 1995, was
    taken up for consideration.

         Senator Dearden offered amendment S-3371 filed by the committeee on
    Business and Labor Relations on April 6, 1995, to strike everything
    after the enacting clause and to the title page of the bill.

         Senator Vilsack offered amendment S-3441 filed by Senators Vilsack,
    et al., on April 13, 1995, to amendment S-3371 and moved its adoption.

         Amendment S-3441 was adopted by a voice vote.

         Senator Dearden moved the adoption of amendment S-3371 as amended,
    which motion prevailed by a voice vote.

         Senator Dearden 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. 258) the vote was:

    Ayes, 48:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
    +48                Dearden       Deluhery      Douglas       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, 2:

         Connolly      Drake

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.

    House File 94

         On motion of Senator Hammond, House File 94, a bill for an act to
    permit certain dissolutions of marriage to take place without a hearing,
    with report of committee without recommendation, and placed on the
    Unfinished Business Calendar on April 13, 1995, was taken up for
    consideration.

         Senator Hammond 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. 94) the vote was:

    Ayes, 20:


         Bisignano     Black         Dearden       Douglas
         Fink          Flynn         Freeman       Gettings
         Giannetto     Halvorson     Hammond       Horn
         Judge         Kibbie        Kramer        Palmer
         Priebe        Szymoniak     Tinsman       Vilsack

    Nays, 28:

         Banks         Bartz         Bennett       Boettger
         Borlaug       Boswell       Deluhery      Dvorsky
         Fraise        Gronstal      Hansen        Hedge
         Husak         Iverson       Jensen        Lind
         Lundby        Maddox        McKean        McLaren
         Murphy        Neuhauser     Redfern       Rensink
         Rife          Rittmer       Sorensen      Zieman

    Absent or not voting, 2:

    101st Day WEDNESDAY, APRIL 19, 1995 1311

         Connolly      Drake

         The bill not having received a constitutional majority was declared
    to have failed to pass the Senate.



                           HOUSE AMENDMENT CONSIDERED

    Senate File 432

         Senator Hammond called up for consideration Senate File 432, a bill
    for  an act relating to sexually violent predators, by providing that
    the place of commitment shall be under the control of the department of
    corrections, by requiring the state to pay the costs incurred by a
    county for services in sexually violent offender proceedings, and
    providing an effective date, amended by the House in House amendment
    S-3468 filed April 18, 1995.

         Senator Hammond offered amendment S-3490 filed by her from the
    floor to House amendment S-3468 and moved its adoption.

         Amendment S-3490 was adopted by a voice vote.

         Senator Hammond moved that the Senate concur in the House amendment
    as amended.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment as amended.

         Senator Hammond moved that the bill as amended by the House,
    further amended and concurred in by the Senate, 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. 432) 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 as amended was agreed to.



                              CONSIDERATION OF BILL

                            (Ways and Means Calendar)

    Senate File 472

         On motion of Senator Szymoniak, Senate File 472, 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, was taken up for consideration.

         Senator Szymoniak offered amendment S-3496 filed by her from the
    floor to page 2 of the bill and moved its adoption.

         Amendment S-3496 lost by a voice vote.

         Senator Hedge offered amendment S-3415 filed by him on April 13,
    1995, to page 4 and the title page of the bill and moved its adoption.

         Amendment S-3415 was adopted by a voice vote.

         Senator Szymoniak 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. 472) the vote was:

    Ayes, 45:



    101st Day WEDNESDAY, APRIL 19, 1995 1313

         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Flynn         Freeman
         Gettings      Giannetto     Gronstal      Halvorson
         Hansen        Hedge         Horn          Husak
         Iverson       Jensen        Judge         Kibbie
         Kramer        Lind          Lundby        Maddox
         McLaren       Murphy        Palmer        Priebe
         Redfern       Rensink       Rife          Rittmer
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, 4:

         Fraise        Hammond       McKean        Neuhauser

    Absent or not voting, 1:

         Connolly

         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 468

         On motion of Senator Giannetto, Senate File 468, a bill for an act
    to legalize the transfer of certain property by the City of Keokuk and
    providing an effective date, was taken up for consideration.

         Senator Giannetto 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. 468) the vote was:

    Ayes, 48:


         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        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, 1:

         Priebe

    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.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that House
    Concurrent Resolution 8, House File 486, and Senate Files 432, 472 and
    468 be immediately messaged to the House and to send an immediate
    message on Senate Files 85 and 457 to the House.



                     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, on April 19, 1995, insisted on its amendment to Senate File 93, a
    bill for an act 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, and providing penalties, and that the members of the
    conference committee on part of the House are: the Representative from
    Warren, Mr. Coon, Chair; the Representative from Guthrie, Mr. Dinkla;
    the Representative from Johnson, Mrs. Doderer; the Representative from
    Polk, Mr. Lamberti; and the Representative from Wapello, Mr. Moreland.

         ALSO: That the House has on April 19, 1995, amended and passed the
    following bills in which the concurrence of the Senate is asked:

         Senate File 208, a bill for an act relating to child abuse and
    termination of parental rights provisions, and providing an effective
    date (S-3501).

         Senate File 358, a bill for an act relating to habitual offenders
    of the motor vehicle laws, by providing for an administrative
    adjudication of the habitual offender status, and providing for the
    payment of fees (S-3489).

         Senate File 373, a bill for an act to permit the court to find a
    person in contempt for failture to pay restitution after the period of
    probation, work release, parole, or the persons sentence has ended
    (S-3491).

         Senate File 422, a bill for  an act relating to the duties of the
    county recorder, by transferring certain duties of the clerk of the
    district court relating to vital statistics and marriage, by providing
    for fees, by providing for other properly related matters, and providing
    effective dates (S-3500).

         ALSO: That the House has on April 19, 1995, amended the Senate
    amendment, concurred in the Senate amendment as amended, and passed the
    following bill in which the concurrence of the Senate is asked:

         House File 461, a bill for  an act relating to the Iowa
    communications network by directing the Iowa telecommunications and
    technology commission to conduct studies concerning the possible sale of
    the network, and the possible conversion of the network into a public
    utility (S-3502 to H-3976).

         ALSO: That the House has on April 19, 1995, passed the following
    bill in which the concurrence of the House was asked:

         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.

         ALSO: That the House has on April 19, 1995, passed the following
    bill in which the concurrence of the Senate is asked:

         House File 511, a bill for an act 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.

         This bill was read first time and passed on file.



                       APPOINTMENT OF CONFERENCE COMMITTEE

         The Chair announced the following conference committee on Senate
    File 93 on the part of the Senate: Senators Bisignano, Chair; Giannetto,
    Vilsack, McKean and Maddox.

                                    APPENDIX



                          BILLS SIGNED BY THE GOVERNOR

         Communications were received announcing that on April 19, 1995, the
    Governor approved and transmitted to the Secretary of State the
    following bills

         SENATE FILE 9 - Relating to the performance of duties of the office
    of recorder on abolition of the office and the filing of documents and
    providing an effective date and for retroactive applicability.

         SENATE FILE 94 - Relating to reciprocal license fees for
    nonresident real estate brokers and salespersons.

         SENATE FILE 117  - Adopting a new uniform anatomical gift act and
    providing a penalty.

         SENATE FILE 118 - Relating to the development and implementation of
    a coordinated statewide trauma care delivery system and providing
    penalties and immunity from liability.

         SENATE FILE 140 - Legalizing 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.

         SENATE FILE 159 - Relating to the payment of wages to a suspended
    or terminated employee under the Iowa wage payment collection law.

         SENATE FILE 162 - Eliminating the minimum amount which must be
    borrowed under a home equity line of credit.

         SENATE FILE 175 - Relating to the definition of the federal truth
    in lending act in the Iowa consumer credit code.

         SENATE FILE 178 - Relating to emergency medical services.

         SENATE FILE 255 - Relating to the administration of the Department
    of Agriculture and Land stewardship, providing for moneys previously
    appropriated to the department, and providing an effective date.

         SENATE FILE 271 - Relating to the authorization of a bank office
    where a state bank may maintain its management and bookkeeping
    functions.

         SENATE FILE 274 - Relating to the delay of the repeal for the
    exemption of certain multiple employer welfare arrangements from
    regulation by the insurance division and providing an effective date.

         SENATE FILE 278 - Providing that animals classified as ostriches,
    rheas, and emus are considered livestock.

         SENATE FILE 375 - Relating to abandoned property subject to control
    by the treasurer of state.



                              MOTIONS TO RECONSIDER

         MR. PRESIDENT: I move to reconsider the vote by which House File 94
    failed to pass the Senate on April 19, 1995.

                                                           MARY C. NEUHAUSER

         MR. PRESIDENT: I move to reconsider the vote by which House File 94
    failed to pass the Senate on April 19, 1995.

                                                             MERLIN E. BARTZ

         MR. PRESIDENT: I move to reconsider the vote by which House File
    185 passed the Senate on April 19, 1995.

                                                                    JIM LIND

         MR. PRESIDENT: I move to reconsider the vote by which House File
    258 passed the Senate on April 19, 1995.

                                                         MICHAEL E. GRONSTAL



                                COMMITTEE REPORTS

    APPROPRIATIONS

    Final Bill Action: HOUSE FILE 482, a bill for an act relating to the
    funding for the Iowa communications network and providing an
    appropriation.

    Recommendation: DO PASS.

    Final Vote: Ayes, 24: Murphy, Boswell, Lind, Banks, Bartz, Bisignano,
    Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson,
    Hammond, Husak, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink,
    Tinsman and Vilsack. Nays, none.  Absent or not voting, 1: Iverson.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    JUDICIARY

    Final Bill Action: SENATE FILE 482, a bill for an act establishing
    economic and other penalties for certain criminal activity.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3488.

    Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano,
    Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser,
    Redfern and Szymoniak. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                            PRESENTATION OF VISITORS

         The Chair welcomed the following visitors who were present in the
    Senate gallery:

         Seventeen FFA members from Guttenberg-Garnavillo School,
    accompanied by Steve Zaruba and Ms. A.J. Walter. Senator Zieman.



                                AMENDMENTS FILED


         S-3488        S.F.          482           Judiciary
         S-3489        S.F.          358           House amendment
         S-3490        S.F.          432           Johnie Hammond
         S-3491        S.F.          373           House amendment
         S-3492        S.F.          398           Mary Neuhauser
         S-3493        H.F.          197           Mary E. Kramer
         S-3494        S.F.          323           Mary E. Kramer
         S-3495        H.F.          482           Steven D. Hansen
         S-3496        S.F.          472           Elaine Szymoniak
         S-3497        S.F.          413           Brad Banks
                                                   Randal J. Giannetto
                                                   Derryl McLaren
                                                   William D. Palmer
                                                   JoAnn Douglas
                                                   Berl E. Priebe
                                                   Sheldon Rittmer
                                                   Tony Bisignano
         S-3498        H.F.          486           O. Gene Maddox
         S-3499        H.F.          482           Tom Flynn
                                                   Robert Dvorsky
         S-3500        S.F.          422           House amendment
         S-3501        S.F.          208           House amendment
         S-3502        H.F.          461           House amendment
         S-3503        H.F.          247           Michael E. Gronstal
         S-3504        S.F.          477           Wayne Bennett



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 5:35 p.m., until
    9:00 a.m., Thursday, April 20, 1995.

Next Page: 1290

Previous Day: Monday, April 17Next Day: Wednesday, April 19
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Return To Home Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa


Comments? sjourn@legis.iowa.gov.

Last update: Sun Jan 14 23:40:00 CST 1996
URL: /DOCS/GA/76GA/Session.1/SJournal/01200/01289.html
jhf