Previous Day: Tuesday, March 21 | Next Day: Thursday, March 23 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
SEVENTY-THIRD CALENDAR DAY FORTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, March 22, 1995 The Senate met in regular session at 9:03 a.m., President Boswell presiding. Prayer was offered by the Reverend David ORourke, pastor of the Denmark Congregational United Church of Christ, Denmark, Iowa. The Journal of Tuesday, March 21, 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 March 21, 1995, passed the following bills in which the concurrence of the Senate is asked: House File 288, a bill for an act relating to juvenile justice by providing for notification of school officials of alcoholic beverage violations, authorizing school districts to adopt a dress code policy, the expulsion of a student for bringing a weapon to school, an exemption in the definition of assault, eliminating the twenty-four hour notice to students of a periodic inspection of students lockers, giving access to certain juvenile court records to a designated school representative, and providing an effective date. This bill was read first time and passed on file. House File 471, a bill for an act relating to prison time served by persons convicted of an aggravated misdemeanor or greater offense, by providing for changes in the mandatory minimum terms of sentences to be served, by permitting the imposition of up to ninety days of the total sentence in a county jail in addition to any terms of probation, and providing for a reduction in the amount of good and honor time that may be earned by forcible felons. This bill was read first time and passed on file. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 47 present, 3 absent and a quorum present. BILLS REFERRED TO COMMITTEE Senator Horn asked and received unanimous consent that Senate Files 422, 445, 448, 450 and 451 be referred from the Regular Calendar to the committee on Ways and Means. CONSIDERATION OF BILLS (Regular Calendar) Senate File 341 On motion of Senator Redfern, Senate File 341, a bill for an act relating to delinquency charges on credit cards used to purchase or lease goods or services from less than one hundred persons not related to the card issuer, was taken up for consideration. Senator Redfern moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (S.F. 341) 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. Senate File 346 On motion of Senator Szymoniak, Senate File 346, a bill for an act relating to the establishment of practitioner review committees for the purposes of evaluating and monitoring practitioners who self-report physical or mental impairments, was taken up for consideration. 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. 346) 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. Senate File 351 On motion of Senator Fink, Senate File 351, a bill for an act authorizing certain cities to appoint additional members to certain city commissions, was taken up for consideration. Senator Fink 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. 351) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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, 1: Dvorsky The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 370 On motion of Senator Sorensen, Senate File 370, a bill for an act eliminating the requirement for the rotation of names on election ballots, was taken up for consideration. Senator Sorensen 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. 370) the vote was: Ayes, 45: Bennett Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Halvorson Hammond Hansen Hedge Horn Husak Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 5: Banks Bartz Bisignano Gronstal Iverson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate Resolution 11 On motion of Senator Gettings, Senate Resolution 11, a resolution urging John Morrell and Company to honor its commitment to provide health care coverage to its retirees and their families, with report of committee recommending amendment and passage, was taken up for consideration. Senator Gettings offered amendment S-3131, filed by the committee on Business and Labor on March 15, 1995, to page 2 of the resolution and moved its adoption. Amendment S-3131 was adopted by a voice vote. Senator Gettings moved the adoption of Senate Resolution 11 as amended, which motion prevailed by a voice vote. Senate File 375 On motion of Senator Deluhery, Senate File 375, a bill for an act relating to abandoned property subject to control by the treasurer of state, was taken up for consideration. Senator Gronstal withdrew amendment S-3136 filed by him on March 20, 1995, to page 1 of the bill. Senator Gronstal offered amendment S-3171 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-3171 was adopted by a voice vote. 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? (S.F. 375) the vote was: Ayes, 48: Banks Bartz Bennett Bisignano 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, 2: Black Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 376 On motion of Senator Gettings, Senate File 376, a bill for an act relating to the regulation of credit unions by authorizing additional powers and defining certain business relationships and establishing a penalty, was taken up for consideration. 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? (S.F. 376) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano 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 Absent or not voting, 1: Black The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate Concurrent Resolution 23 On motion of Senator Flynn, Senate Concurrent Resolution 23, a concurrent resolution urging support of public broadcasting in Iowa, with report of committee recommending passage, was taken up for consideration. Senator Flynn moved the adoption of Senate Concurrent Resolution 23, which motion prevailed by a voice vote. UNFINISHED BUSINESS (Deferred March 20, 1995) Senate File 178 The Senate resumed consideration of Senate File 178, a bill for an act relating to emergency medical services, deferred March 20, 1995. Senator Iverson withdrew amendment S-3095 filed by him on March 2, 1995, to pages 2 and 6 of the bill. Senator Priebe offered amendment S-3152 filed by Senators Priebe and Iverson on March 21, 1995, to page 5 of the bill and moved its adoption. Amendment S-3152 was adopted by a voice vote. Senator Hammond offered amendment S-3080 filed by her on March 1, 1995, to pages 5, 13 and 14 of the bill and moved its adoption. Amendment S-3080 was adopted by a voice vote. Senator Iverson offered amendment S-3177 filed by him from the floor to page 6 of the bill and moved its adoption. A non record roll call was requested. The ayes were 29, nays 21. Amendment S-3177 was adopted. Senator Horn asked and received unanimous consent that action on Senate File 178 be deferred. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Files 341, 346, 351, 370, 375, 376 and Senate Concurrent Resolution 23 be immediately messaged 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 has on March 22, 1995, passed the following bills in which the concurrence of the Senate is asked: House File 103, a bill for an act relating to the liability of persons involved in domesticated animal activities. This bill was read first time and passed on file. House File 170, a bill for an act relating to exempting employees of the state fair authority from the state merit personnel system. This bill was read first time and passed on file. House File 217, a bill for an act relating to education requirements for nurses. This bill was read first time and passed on file. House File 277, a bill for an act concerning health care coverage availability to unemployed individuals. This bill was read first time and passed on file. House File 420, a bill for an act creating an environmental audit privilege and providing penalties. This bill was read first time and passed on file. BILL REFERRED TO COMMITTEE Senator Horn asked and received unanimous consent that Senate File 348 be referred from the Regular Calendar to the committee on State Government. MOTION TO RECONSIDER WITHDRAWN Senator Priebe withdrew the motion to reconsider the vote by which amendment S-3129 to Senate File 290 was adopted by the Senate on March 21, 1995, filed by him on March 21, 1995, and found on page 762 of the Senate Journal. RECESS On motion of Senator Horn, the Senate recessed at 10:33 a.m., until 1:30 p.m. APPENDIX REPORT OF COMMITTEE MEETING WAYS AND MEANS Convened: March 21, 1995, 1:40 p.m. Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Members Absent: none. Committee Business: Assigned bills to subcommittees; recommended passage of Senate Files 179 and 181 as amended; amended and approved SSB 275 as a committee bill. Adjourned: 2:35 p.m. SIMILAR BILL RECEIVED On March 21, 1995, House File 215 was received and attached to similar Senate File 353 on the Senate calendar. SUBCOMMITTEE ASSIGNMENTS FOR APPOINTMENTS TO BOARDS AND COMMISSIONS In accordance with Senate Rule 59, the following senators were appointed to subcommittees of standing committees on March 21, 1995, to investigate the appointment and reappointment of the following appointees to state boards, commissions and departments: COMMERCE As Commissioner of Insurance: DR. THERESE M. VAUGHAN: Gronstal, Chair; Husak and Jensen As Consumer Advocate: JAMES MARET: Hansen, Chair; Deluhery and Douglas As members of the Credit Union Review Board: PATRICIA A. BERDING: Gettings, Chair; Flynn and Lundby DIANE L. KOLLASCH: Gettings, Chair; Flynn and Lundby As a member and chairperson of the Utilities Board: ALLAN T. THOMS: Bisignano, Chair; Deluhery and Jensen COMMUNICATIONS AND INFORMATION POLICY As Executive Director of the Iowa Telecommunications and Technology Commission: HAROLD M. THOMPSON: Dvorsky, Chair; Deluhery and McLaren ETHICS As a member of the Iowa Ethics and Campaign Disclosure Board: GERALDINE M. LEINEN: Drake, Chair; Neuhauser and Hedge HUMAN RESOURCES As Administrator of the Division of Community Action Agencies: JAMES SMITH: Kramer, Chair; Neuhauser and Vilsack As Administrator of the Division of Persons with Disabilities: DONALD W. WESTERGARD: Vilsack, Chair; Tinsman and Hammond As Administrator of the Division on the Status of Women: CHARLOTTE B. NELSON: Szymoniak, Chair; Kramer and Neuhauser As members of the Athletic Trainer Advisory Board: ALAN J. BESTE: Boettger, Chair; Hansen and Szymoniak MARGARET SUSAN CIGELMAN: Kramer, Chair; Vilsack and Dvorsky DANNY T. FOSTER: Neuhauser, Chair; Szymoniak and Tinsman DENISE A. HARKLAU: Hammond, Chair; Tinsman and Hansen As members of the Board of Behavioral Science Examiners: MARY M. CONWAY: Bartz, Chair; Dvorsky and Neuhauser LINDA S. TRUDEAU: Boettger, Chair; Hansen and Dvorsky STANTON L. VISSER: Hansen, Chair; Bartz and Vilsack As members of the Board of Physician Assistant Examiners: DR. PATRICIA A. BANWART: Tinsman, Chair; Hansen and Vilsack MARK G. DAVIS: Boettger, Chair; Neuhauser and Dvorsky As a member of the Commission for the Blind: JOHN C. WELLMAN: Kramer, Chair; Vilsack and Tinsman As members of the Commission of Elder Affairs: BERTRUM BIDNE: Bartz, Chair; Neuhauser and Dvorsky HAROLD B. DAVIS: Hansen, Chair; Szymoniak and Boettger ELMER H. VERMEER: Hansen, Chair; Bartz and Neuhauser As members of the Commission on Community Action Agencies: LOIS H. EICHACKER: Szymoniak, Chair; Vilsack and Tinsman MERL McFARLANE: Dvorsky, Chair; Hammond and Bartz STEPHANIE A. STEBENS: Tinsman, Chair; Vilsack and Hansen As members of the Commission on the Deaf: POLLY A. ADAM: Kramer, Chair; Szymoniak and Boettger DONNA S. HANSEN: Dvorsky, Chair; Hansen and Bartz MARVIN W. TUTTLE: Szymoniak, Chair; Hammond and Boettger As members of the Community Health Management Information System Governing Board: DENNIS L. BILLINGS: Dvorsky, Chair; Tinsman and Neuhauser JOHN M. COMSTOCK: Tinsman, Chair; Dvorsky and Hammond As members of the Council on Human Services: DENNIS D. KILLION: Vilsack, Chair; Kramer and Dvorsky GREGG R. NARBER: Kramer, Chair; Tinsman and Dvorsky DIANNE L. PACA: Boettger, Chair; Szymoniak and Hansen As Director of Public Health: CHRISTOPHER G. ATCHISON: Szymoniak, Chair; Kramer and Tinsman As Director of the Department for the Blind: R. CREIG SLAYTON: Szymoniak, Chair; Neuhauser and Kramer As Director of the Department of Elder Affairs: BETTY L. GRANDQUIST: Szymoniak, Chair; Kramer and Boettger As members of the Iowa Council on Human Investment: LOIS H. EICHACKER: Szymoniak, Chair; Tinsman and Neuhauser ELAINE A. PFALZGRAF: Dvorsky, Chair; Neuhauser and Tinsman CHARESE E. YANNEY: Hansen, Chair; Bartz and Dvorsky As members of the Mental Health and Developmental Disabilities Commission: SHARON BLAIR: Kramer, Chair; Hammond and Szymoniak MYRNA L. LANGERUD: Bartz, Chair; Hammond and Neuhauser BARBARA J. LIPS: Tinsman, Chair; Szymoniak and Hansen JEAN E. OXLEY: Neuhauser, Chair; Bartz and Vilsack STEVEN REUTER: Boettger; Chair; Hammond and Szymoniak BEVERLY ZIEMAN: Bartz, Chair; Vilsack and Hammond As a member of the Prevention of Disabilities Policy Council: MONICA H. KURTZ: Kramer, Chair; Szymoniak and Hansen JERRY D. STILWELL: Szymoniak, Chair; Bartz and Dvorsky CAROL A. WATSON: Neuhauser, Chair; Dvorsky and Boettger As members of the State Citizen Foster Care Review Board: LIL M. PERRY: Vilsack, Chair; Szymoniak and Tinsman HARRIET VANDE HOEF: Tinsman, Chair; Vilsack and Hammon As members of the State Health Facilities Council: PATRICIA A. HOFMASTER: Kramer, Chair; Hansen and Hammond DR. HARRY C. RASDAL: Bartz, Chair; Dvorsky and Neuhauser JUDICIARY As members of the Board of Corrections: FRANCES V. COLSTON: Hammond, Chair; Szymoniak and McKean KENNETH R. HOEFLE: Drake, Chair; Bisignano and Giannetto JIM R. SCHWIESOW: Neuhauser, Chair; Hansen and Boettger ALLAN W. VANDER HART: Redfern, Chair; Neuhauser and Hansen As a member of the Board of Parole: BARBARA BINNIE: Maddox, Chair; Hammond and Vilsack As a member of the Drug Abuse Prevention and Education Advisory Council: KAREN L. WALL: Hansen, Chair; Szymoniak and Boettger As members of the Indigent Defense Advisory Commission: CARLYNN D. GRUPP: Bartz, Chair; Neuhauser and Vilsack A. PATRICIA HOULIHAN: Bisignano, Chair; Giannetto and Redfern RICHARD P. TEKIPPE: Giannetto, Chair; Fraise and Bartz As members of the Iowa State Civil Rights Commission: BERNARD L. BIDNE: Bartz, Chair; Neuhauser and Bisignano SALLY M. ODONNELL: Hansen, Chair; Giannetto and Redfern As members of the Narcotics Enforcement Advisory Council: YALE H. JARVIS: Vilsack, Chair; Bisignano and Drake LORI LEWIS: Halvorson, Chair; Bartz and Szymoniak LT. RUSSELL C. UNDERWOOD: Maddox, Chair; Fraise and Hansen As members of the State Judicial Nominating Commission: DONALD CULP: Fraise, Chair; Hansen and Maddox CAROL A. GOLDEN: McKean, Chair; Hammond and Giannetto LEE W. HOLT: Boettger, Chair; Fraise and Giannetto LOCAL GOVERNMENT As members of the County Finance Committee: CHRISTINE M. VAN METER: Maddox, Chair; Sorensen and Fraise SHARON L. WINCHELL: McKean, Chair; Fink and Black. NATURAL RESOURCES As Director of the Department of Natural Resources: LARRY J. WILSON: Fink, Chair; Black, Deluhery, Lundby and Rensink As members of the Environmental Protection Commission: KATHRYN J. DRAEGER: Borlaug, Chair; Sorensen and Dearden CHARLOTTE MOHR: Rensink, Chair; Deluhery and Judge GARY C. PRIEBE: Kibbie, Chair; Dearden and Hedge ESTHER M. STROTHER: Black, Chair; Fink and Lundby As members of the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board: CATHY A. ROTTINGHAUS: Freeman, Chair; Dearden and Sorensen JACKLYN K. VAN EKEREN: Kibbie, Chair; Judge and Rensink As members of the Natural Resource Commission: MARIAN L. KIEFFER: Black, Chair; Sorensen and Borlaug JOAN C. SCHNEIDER: Kibbie, Chair; Black and Rensink As members of the Renewable Fuels and Coproducts Advisory Committee: MYRON D. CARLSON: Hedge, Chair; Judge and Kibbie DAVID L. HOLMES: Hedge, Chair; Judge and Fink ERIC C. SEUREN: Hedge, Chair; Judge and Fink SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM As members of the Iowa Economic Development Board: ANN JORGENSEN: Boettger, Chair; Bennett and Flynn ELDON E. LEONARD: Bennett, Chair; Boettger and Flynn As members of the Small Business Advisory Council: SARAH A. FALB: Boettger, Chair; Bennett and Flynn FRANCES S. FLECK: Bennett, Chair; Boettger and Flynn LEONA E. WESTPHAL: Bennett, Chair; Boettger and Flynn As members of the Wallace Technology Transfer Foundation of Iowa: STEVEN S. BERGER: Boettger, Chair; Bennett and Flynn NADINE S. DRENNAN: Boettger, Chair; Bennett and Flynn MARLYS D. JOHNSON: Boettger, Chair; Bennett and Flynn STATE GOVERNMENT As members of the Accountancy Examining Board: JEAN E. KRUSE: Lundby, Chair; Halvorson and Connolly JOHN M. SKLENAR: Sorensen, Chair; Giannetto and Bennett PAUL S. STAVE: McLaren, Chair; Fink and Giannetto DOROTHY L. VOTROUBEK: Rittmer, Chair; Sorensen and Giannetto As Administrator of the Division on the Status of African-Americans: ROMELLE H. SLAUGHTER: Dearden, Chair; Gronstal and Lundby As Adjutant General: MAJOR GENERAL WARREN G. LAWSON: Kibbie, Chair; Gronstal and Drake As members of the Alcoholic Beverages Commission: DR. SUZANNE B. MULDER: Lind, Chair; Bisignano and Gronstal SHIRLEY M. WOODSMALL: Dearden, Chair; Gronstal and Lundby As members of the Architectural Examining Board: CAROLYN E. OLSEN: McLaren, Chair; Fink and Connolly NORMAN H. RUDI: Lundby, Chair; Kibbie and Fink As a member of the Board of Barber Examiners: ALAN L. THOMPSON: Sorensen, Chair; Giannetto and Lundby As a member of the Board of Chiropractic Examiners: DR. RONALD C. EVANS: Fink, Chair; Gronstal and Lind As a member of the Board of Cosmetology Arts and Sciences Examiners: SUSANNE E. WOLRAB: Lundby, Chair; Gronstal and Fink As members of the Board of Dental Examiners: DR. JERRY C. PRAHL: Bennett, Chair; Gronstal and Kibbie DR. JAMES A. RAECKER: Lind, Chair; Bisignano and Sorensen DR. FRED A. RIDDLE, JR.: Drake, Chair; Halvorson and Sorensen As a member of the Board of Dietetic Examiners: MARGARET B. TAIT: Giannetto, Chair; Sorensen and Lind As members of the Board of Examiners for the Licensing and Regulation of Hearing Aid Dealers: RICHARD T. CLARK: Halvorson, Chair; Fink and Lind RONALD G. RICHER: Lundby, Chair: Fink and Halvorson As members of the Board of Medical Examiners: DR. JAMES M. CATERINE: McLaren, Chair; Giannetto and Halvorson MARY C. HODGES: Rittmer, Chair; Gronstal and Kibbie DR. DALE R. HOLDIMAN: Bennett, Chair; Fink and Giannetto DR. TERESA A. MOCK: Lind, Chair; Kibbie and Bisignano As a member of the Board of Mortuary Science Examiners: JAMES W. BARR: Drake, Chair; Gronstal and Kibbie As members of the Board of Nursing Examiners: RODMON C. BELL: Drake, Chair; Gronstal and Kibbie REGENE L. OSBORNE: Bennett, Chair; Giannetto and Kibbie RICHARD A. PETERSEN: Bennett, Chair; Giannetto and Kibbie GUY W. RICHARDSON: Sorensen, Chair; Connolly and McLaren As members of the Board of Optometry Examiners: JANE F. ECKLUND: Sorensen, Chair; Bisignano and McLaren BRENDA S. NEVILLE: Rittmer, Chair; Giannetto and Fink DR. ROBERT H. SHARP: McLaren, Chair; Gronstal and Connolly As members of the Board of Pharmacy Examiners: JAY J. CAYNER: Rittmer, Chair; Giannetto and Halvorson PHYLLIS A. MILLER: McLaren, Chair; Gronstal and Kibbie As members of the Board of Physical and Occupational Therapy Examiners: DIANA R. BROWER: Lundby, Chair; Connolly and Dearden ERIC G. JACOBS: Lundby, Chair; Drake and Kibbie As a member of the Board of Podiatry Examiners: DR. WILLIAM W. GRONEN: Lind, Chair; Gronstal and Halvorson As members of the Board of Psychology Examiners: DR. DAN L. ROGERS: Halvorson, Chair; Fink and Drake CONNIE L. SCHMETT: Bennett, Chair; Dearden and Fink As members of the Board of Social Work Examiners: RICHARD MATLAND: McLaren, Chair; Giannetto and Sorensen KATHLEEN M. MORGAN: Dearden, Chair; Bisignano and Bennett As members of the Board of Speech Pathology and Audiology Examiners: ALAN K. HEIDECKER: Fink, Chair; Halvorson and Rittmer DOROTHY L. McKEE: Bennett, Chair; Connolly and Sorensen As Commissioner of the Lottery: DR. EDWARD STANEK: Bisignano, Chair; Connolly and Lind As members of the Commission of Veterans Affairs: MILDRED R. DAWSON: Giannetto, Chair; Kibbie and Drake LARRY J. JATHO: Giannetto, Chair; Kibbie and Drake As members of the Engineering and Land Surveying Examining Board: DWAYNE C. GARBER: Lundby, Chair; Sorensen and Halvorson ANNE W. McKEOWN: Gronstal, Chair; Kibbie and Drake As members of the Investment Board of the IPERS: KATHY G. KAHUE: Kibbie, Chair; Gronstal and McLaren BRUCE G. KELLEY: Kibbie, Chair; Gronstal and McLaren As a member of the Iowa Board of Veterinary Medicine: DR. DONALD R. JACOBI: Kibbie, Chair; Gronstal and Drake As a member of the Iowa Emergency Response Commission: CINDY RASPILLER: Lundby, Chair; Halvorson and Drake As members of the Landscape Architectural Examining Board: ALFRED C. BOHLING, JR.: Connolly, Chair; Dearden and Rittmer DIANA HOOGESTRAAT: McLaren, Chair; Gronstal and Dearden As members of the Lottery Board: CONNIE M. ALT: Lind, Chair; Kibbie and Lundby ROSS M. SUTTON: Bisignano, Chair; Gronstal and Lundby As members of the Personnel Commission: DOROTHY F. CARPENTER: Gronstal, Chair; Dearden and Lundby MERLIN D. HULSE: Rittmer, Chair; Fink and Connolly HUBERT W. WINEBRENNER: Rittmer, Chair; Sorensen and Halvorson As members of the Real Estate Appraiser Examining Board: TERRENCE D. CULVER: Lundby, Chair; Kibbie and Bisignano DAVID R. HICKS: Rittmer, Chair; Fink and Giannetto CATHY G. JONES: Rittmer, Chair; Fink and Giannetto As a member of the Real Estate Commission: TERRY W. ROGERS: Gronstal, Chair; Kibbie and Drake As a member of the Respiratory Care Advisory Committee: EARL L. HOWARD: Bennett, Chair; Giannetto and Halvorson As members of the State Board of Examiners for Nursing Home Administrators: WARREN D. RIPPEY: Connolly, Chair; Dearden and Drake PATRICIA E. TIARKS: McLaren, Chair; Gronstal and Bisignano As members of the State Racing and Gaming Commission: RICHARD CANELLA: Lind, Chair; Bisignano and Gronstal BRADLEY R. PEYTON: Lind, Chair; Bisignano and Gronstal TRANSPORTATION As members of the Iowa Law Enforcement Academy Council: DONALD S. LYNN: Rittmer, Chair; Black and Fraise THOMAS S. MULLIN: Douglas, Chair; Gettings and Connolly. As a member of the State Transportation Commission: THOMAS L. ALLER: Fraise, Chair; Drake and Fink WAYS AND MEANS As Director of Revenue and Finance: GERALD D. BAIR: Palmer, Chair; Szymoniak and Drake As Executive Director of the Iowa Finance Authority: TED R. CHAPLER: Bennett, Chair; Neuhauser and Connolly As members of the Iowa Finance Authority: JAMES W. BALMER: Neuhauser, Chair; Murphy and Drake DARWIN T. LYNNER, JR.: Szymoniak, Chair; Priebe and Freeman ROOSEVELT TAYLOR: Vilsack, Chair; Szymoniak and Freeman. As a member of the State Board of Tax Review: GAYLE N. VOGEL: Deluhery, Chair; McLaren and Priebe AFTERNOON SESSION The Senate reconvened at 1:34 p.m., President Boswell presiding. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on March 22, 1995, passed the following bill in which the concurrence of the Senate is asked: House File 289, a bill for an act relating to solid waste tonnage fees. This bill was read first time and passed on file. INTRODUCTION OF BILL Senate File 458, by committee on Ways and Means, a bill for an act relating to the duties of the county treasurer and providing effective and applicability dates. Read first time and placed on Ways and Means Calendar. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 44 present, 6 absent and a quorum present. CONSIDERATION OF BILLS (Regular Calendar) Senate File 366 On motion of Senator Neuhauser, Senate File 366, a bill for an act relating to the exhibition of humans, was taken up for consideration. Senator Neuhauser 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. 366) the vote was: Ayes, 44: Banks Bartz Bennett Bisignano Boettger Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Tinsman Vilsack Zieman Nays, 2: Borlaug Jensen Absent or not voting, 4: Black Gettings Kramer Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 372 On motion of Senator Fraise, Senate File 372, a bill for an act relating to the exemption for attorneys who have provided abstract services under the title guaranty program, was taken up for consideration. 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? (S.F. 372) the vote was: Ayes, 2: Drake Fraise Nays, 47: Banks Bartz Bennett Bisignano Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn 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 Absent or not voting, 1: Black The bill not having received a constitutional majority was declared to have failed to pass the Senate. Senate File 284 On motion of Senator Hansen, Senate File 284, a bill for an act relating to the crime of forgery, by prohibiting the knowing possession of forged writings, including documents prescribed for entry into, stay, or employment in the United States, and providing penalties, with report of committee recommending passage, was taken up for consideration. 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? (S.F. 284) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 386 On motion of Senator Redfern, Senate File 386, a bill for an act relating to restitution in certain traffic offenses which are simple misdemeanors, was taken up for consideration. Senator Redfern moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (S.F. 386) 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 Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 396 On motion of Senator Bartz, Senate File 396, a bill for an act relating to limited liability companies, was taken up for consideration. Senator Lundby asked and received unanimous consent that action on Senate File 396 be deferred. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Files 366, 284 and 386 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senate File 369 On motion of Senator Szymoniak, Senate File 369, a bill for an act relating to a conference on domestic violence, was taken up for consideration. Senator Szymoniak asked and received unanimous consent that action on Senate File 369 be deferred. Senate File 359 On motion of Senator Redfern, Senate File 359, a bill for an act providing for the modification of no-contact orders in domestic abuse cases in certain circumstances, was taken up for consideration. Senator Redfern moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (S.F. 359) 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 Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Priebe The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 367 On motion of Senator Szymoniak, Senate File 367, a bill for an act relating to domestic abuse and victim protection and providing a penalty, a delayed effective date, and a conditional effective date, with report of committee on Ways and Means recommending passage, was taken up for consideration. (Action on Senate File 367 was deferred.) BUSINESS PENDING Senate File 369 The Senate resumed consideration of Senate File 369, a bill for an act relating to a conference on domestic violence, previously deferred. Senator Szymoniak offered amendment S-3188 filed by her from the floor to page 1 of the bill and moved its adoption. Amendment S-3188 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. 369) 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. CONSIDERATION OF BILLS (Regular Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate Files 417, 428, 438 and 440. Senate File 417 On motion of Senator Giannetto, Senate File 417, a bill for an act relating to the crime of assault, by changing the elements of assault without intent but causing injury, creating the crimes of intentional assault causing injury and assault causing serious injury, and providing penalties, was taken up for consideration. Senator Giannetto asked and received unanimous consent that action on Senate File 417 be deferred. President pro tempore Bisignano took the chair at 2:42 p.m. Senate File 428 On motion of Senator McKean, Senate File 428, a bill for an act to provide for the reciprocal rendition of prisoners as witnesses in criminal proceedings and providing an effective date, was taken up for consideration. Senator McKean 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. 428) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 438 On motion of Senator Hammond, Senate File 438, a bill for an act relating to juvenile justice including notice requirements for certain hearings and authorizing associate juvenile judges to perform marriage ceremonies, 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? (S.F. 438) 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. Senator Judge took the chair at 3:52 p.m. President Boswell took the chair at 3:56 p.m. Senate File 432 On motion of Senator Hammond, 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, was taken up for consideration. Senator Hammond offered amendment S-3170 filed by her on March 21, 1995, to page 2 of the bill and moved its adoption. Amendment S-3170 was adopted by a voice vote. 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? (S.F. 432) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 353 On motion of Senator Bisignano, Senate File 353, a bill for an act to require that all inmates of the institutions under the control of the department of corrections perform hard labor, was taken up for consideration. Senator Bisignano offered amendment S-3176 filed by him from the floor to pages 1, 2 and the title page of the bill and moved its adoption. Amendment S-3176 was adopted by a voice vote. Senator Bisignano asked and received unanimous consent that House File 215 be substituted for Senate File 353 as amended. House File 215 On motion of Senator Bisignano, House File 215, a bill for an act to require that all inmates of the institutions under the control of the department of corrections perform hard labor, and providing transition provisions, was taken up for consideration. (Action on House File 215 was deferred.) Senate File 120 On motion of Senator Szymoniak, Senate File 120, a bill for an act requiring that prison inmates obtain a general equivalency diploma prior to the granting of parole or work release, and providing exceptions, with report of committee recommending amendment and passage, was taken up for consideration. Senator Szymoniak offered amendment S-3127 filed by the committee on Judiciary on March 15, 1995, to page 1 and the title page of the bill and moved its adoption. Amendment S-3127 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. 120) the vote was: Ayes, 48: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal 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, 1: Rife Absent or not voting, 1: Halvorson The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. BUSINESS PENDING House File 215 The Senate resumed consideration of House File 215, a bill for an act to require that all inmates of the institutions under the control of the department of corrections perform hard labor, and providing transition provisions, previously deferred. Senator Hammond offered amendment S-3180 filed by her from the floor to page 1 of the bill and moved its adoption. Amendment S-3180 was adopted by a voice vote. Senator Bisignano offered amendment S-3178 filed by him from the floor to pages 1-3 and the title page of the bill. Senator Giannetto offered amendment S-3181 filed by him from the floor to amendment S-3178 and moved its adoption. Amendment S-3181 was adopted by a voice vote. Senator Giannetto moved the adoption of amendment S-3178 as amended, which motion prevailed by a voice vote. Senator Bisignano moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (H.F. 215) 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. Senator Bisignano asked and received unanimous consent that Senate File 353 be withdrawn from further consideration of the Senate. BUSINESS PENDING Senate File 417 The Senate resumed consideration of Senate File 417, a bill for an act relating to the crime of assault, by changing the elements of assault without intent but causing injury, creating the crimes of intentional assault causing injury and assault causing serious injury, and providing penalties, previously deferred. Senator Giannetto offered amendment S-3197 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-3197 was adopted by a voice vote. 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. 417) 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. CONSIDERATION OF BILLS (Regular Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate File 409. Senate File 409 On motion of Senator McKean, Senate File 409, a bill for an act relating to the activities of clerks of the district court, and providing additional court fees, was taken up for consideration. Senator McKean offered amendment S-3195 filed by him from the floor to page 2 of the bill and moved its adoption. Amendment S-3195 was adopted by a voice vote. Senator McKean 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. 409) 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, none: Absent or not voting, 1: Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 349 On motion of Senator Hansen, Senate File 349, a bill for an act to require that certain forcible felons serve at least eighty-five percent of the sentence imposed, was taken up for consideration. 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? (S.F. 349) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 21 On motion of Senator Fraise, Senate File 21, a bill for an act eliminating the twenty-four hour notice to students prior to a periodic search of students lockers, with report of committee on Judiciary recommending passage, and report of committee on Education recommending amendment and passage, was taken up for consideration. Senator Connolly offered amendment S-3133 filed by the committee on Education on March 16, 1995, to page 1 and the title page of the bill and moved its adoption. A record roll call was requested. On the question Shall amendment S-3133 be adopted? (S.F. 21) the vote was: Ayes, 38: Bisignano Black Boettger Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Jensen Judge Kibbie Kramer Lundby Maddox McKean Neuhauser Palmer Priebe Redfern Rensink Sorensen Szymoniak Tinsman Vilsack Nays, 11: Banks Bartz Bennett Borlaug Freeman Iverson Lind McLaren Rife Rittmer Zieman Absent or not voting, 1: Murphy Amendment S-3133 was adopted. With the adoption of amendment S-3133, the Chair ruled the following amendments out of order: S-3035 filed by Senator Giannetto on February 7, 1995, to page 1 and the title page of the bill. S-3037 filed by Senators Fraise and Gettings on February 8, 1995, to page 1 and the title page of the bill. 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? (S.F. 21) 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 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, 1: Gronstal The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senate File 398 On motion of Senator Neuhauser, Senate File 398, a bill for an act relating to commutation of sentences of persons who have been sentenced to life imprisonment, was taken up for consideration. Senator Hammond offered amendment S-3165 filed by her on March 21, 1995, to page 1 of the bill and moved its adoption. Amendment S-3165 was adopted by a voice vote. Senator Neuhauser 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. 398) 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 Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Voting present, 1: Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 367 The Senate resumed consideration of Senate File 367, a bill for an act relating to domestic abuse and victim protection and providing a penalty, a delayed effective date, and a conditional effective date, previously deferred. Senator Szymoniak offered amendment S-3185 filed by the committee on Ways and Means to page 8 of the bill and moved its adoption. Amendment S-3185 was adopted by a voice vote. Senator Szymoniak offered amendment S-3198 filed by her from the floor to pages 1, 6 and 9 of the bill and moved its adoption. Amendment S-3198 was adopted by a voice vote. Senator Giannetto offered amendment S-3175 filed by him from the floor to pages 3, 7 and 8 of the bill and moved its adoption. Amendment S-3175 was adopted by a voice vote. With the adoption of amendment S-3185, the Chair ruled amendment S-3147 filed by Senator Bartz on March 20, 1995, to page 8 of the bill, out of order. 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. 367) 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. CONSIDERATION OF BILLS (Regular Calendar) Senate File 296 On motion of Senator Maddox, Senate File 296, a bill for an act relating to juvenile justice including the conditions under which a person under twenty-one years of age may consume alcoholic beverages in a home or on private property, providing for the automatic waiver of juveniles to adult court in certain circumstances, regarding the notification of schools by juvenile court officers of the taking into custody of a juvenile, and providing that the juvenile court may prohibit a juvenile from driving under certain circumstances, was taken up for consideration. Senator Vilsack offered amendment S-3119 filed by him on March 13, 1995, to page 1 and the title page of the bill and moved its adoption. Amendment S-3119 was adopted by a voice vote. Senator Giannetto asked and received unanimous consent that action on Senate File 296 be deferred. Senate File 373 On motion of Senator Neuhauser, Senate File 373, a bill for an act to permit the court to find a person in contempt for failure to pay restitution after the period of probation, work release, parole, or the persons sentence has ended, was taken up for consideration. Senator Neuhauser 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. 373) 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 Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Murphy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 293 On motion of Senator Boettger, Senate File 293, a bill for an act relating to providing for a five-year minimum prison term for a person who uses a dangerous weapon in the commission of a forcible felony, was taken up for consideration. Senator Halvorson offered amendment S-3128 filed by him on March 15, 1995, to page 1 and the title page of the bill and moved its adoption. A record roll call was requested. On the question Shall amendment S-3128 be adopted? (S.F. 293) the vote was: Ayes, 5: Gronstal Halvorson Hammond Neuhauser Szymoniak Nays, 43: Banks Bartz Bennett Bisignano Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Tinsman Vilsack Zieman Absent or not voting, 2: Black Murphy Amendment S-3128 lost. 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? (S.F. 293) the vote was: Ayes, 48: 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 Neuhauser Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Murphy Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Files 428, 369, 359, 438, 432, 120, 417, 409, 349, 21, 398, 367, 373, 293 and House File 215 be immediately messaged to the House. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on March 22, 1995, passed the following bill in which the concurrence of the Senate is asked: House File 336, a bill for an act relating to funding and levies for mental health, mental retardation, and developmental disabilities services; deductions for pension income, treatment of income from subchapter S corporations, and increased dependent credit for state individual income tax purposes; machinery and equipment phase-in exemption and reimbursement for property tax purposes; relating to the cash reserve and an infrastructure fund; providing appropriations, and providing effective dates and applicability provisions. This bill was read first time and passed on file. INTRODUCTION OF RESOLUTION Senate Resolution 12, by Priebe, a resolution requesting the legislative council to create a department of human services institution closure task force. Read first time and passed on file. INTRODUCTION OF BILL Senate File 459, by committee on Appropriations, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safetys administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshals office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability. Read first time and placed on Appropriations Calendar. APPENDIX SUBCOMMITTEE ASSIGNMENTS FOR APPOINTMENTS TO BOARDS AND COMMISSIONS In accordance with Senate Rule 59, the following senators were appointed to subcommittees of standing committees on March 21, 1995, to investigate the appointment and reappointment of the following appointees to state boards, commissions and departments : AGRICULTURE As members of the Iowa Grain Indemnity Fund Board: TERRY W. EVANS: McLaren, Chair; Banks and Boswell BRUCE A. YUNGCLAS: Sorensen, Chair; Douglas and Palmer As members of the State Soil Conservation Committee: MARY J. BOOTE: Banks, Chair; Judge and Black MARY ANN B. DRISH: Hedge, Chair; Fraise and Giannetto EDUCATION As members of the Board of Educational Examiners: MARY M. CONRAD: Iverson, Chair; Kibbie and Neuhauser DR. GERALD L. COWELL: Kibbie, Chair; Hammond and Tinsman JAMES E. EHMEN: Murphy, Chair; Redfern and Kibbie JACQUELINE M. PARKIN: Fink, Chair; Dvorsky and Kramer ANN R. SHAW: Fink, Chair; Kramer and Dvorsky As Director of the Department of Cultural Affairs: WILLIAM H. JACKSON: Kibbie, Chair; Kramer and Connolly As a member of the First in the Nation in Education Foundation Governing Board: MARGARET P. BORGEN: Szymoniak, Chair; Deluhery and Kramer As a member of the Iowa Higher Education Loan Authority: KATHRYN A. THIELEKE: Szymoniak, Chair; Deluhery and Redfern As members of the State Board of Regents: DAVID J. FISHER: Connolly, Chair; Tinsman, Kramer, Hammond and Kibbie. ELLENGRAY G. KENNEDY: Hammond, Chair; Kibbie and Rensink BEVERLY A. SMITH: Dvorsky, Chair; Redfern and Murphy BILL ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MR. PRESIDENT: The Secretary of the Senate respectfully reports that the following bill has been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on the 21st day of March, 1995: Senate File 17. JOHN F. DWYER Secretary of the Senate CERTIFICATES OF RECOGNITION The Secretary of the Senate issued certificates of recognition as follows: Ethan Sproston, Cedar Rapids - For outstanding service to United Community Services in Cedar Rapids/Linn County. Senator Horn (3-23-95). Mary Marinkovich, Harlan - For Harlan Mother of Young Children of the Year. Senator Boettger (3-15-95). Coach Tom Estes and the Sioux Center Warriors - For placing 4th in the 2A Class of the Boys 1995 State Basketball Tournament. Senator Rensink (3-21-95). Coach Loren De Jong and the M-OC/Floyd Valley Dutchmen - For placing 2nd in the 3A Class of the Boys 1995 State Basketball Tournament. Senator Rensink (3-21-95). Coach Paul Walton and the Boyden-Hull Comets - For placing 3rd in the 1A Class of the Boys 1995 State Basketball Tournament. Senator Rensink (3-21-95). PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Sixty-five sixth grade students from Gladbrook-Reinbeck Middle School, Gladbrook, accompanied by Terri Luehring. Senators Husak and Jensen. Sixteen students from Whiting High School, Whiting, accompanied by Carlann Ooten. Senator Bennett. SUBCOMMITTEE ASSIGNMENTS Senate File 342 HUMAN RESOURCES: Hammond, Chair; Bartz and Neuhauser Senate File 350 JUDICIARY: Hammond, Chair; Bartz, Boettger, Giannetto and Vilsack Senate File 379 JUDICIARY: Maddox, Chair; Bartz, Bisignano, Giannetto and Vilsack Senate File 382 HUMAN RESOURCES: Neuhauser, Chair; Tinsman and Vilsack BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.R. 12 State Government H.F. 103 Judiciary H.F. 217 State Government H.F. 277 Human Resources H.F. 288 Education H.F. 289 Natural Resources H.F. 420 Natural Resources EXPLANATION OF VOTE MR. PRESIDENT: I was necessarily absent from the Senate chamber when the vote was taken on Senate File 409. Had I been present, I would have voted aye. LYLE E. ZIEMAN COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: HOUSE FILE 186, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. Recommendation: DO PASS. Final Vote: Ayes, 25: Murphy, Boswell, Lind, Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 459 (SSB 298.1), a bill for an act making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safetys administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshals office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 25: Murphy, Boswell, Lind, Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 179, a bill for an act increasing the maximum property tax levy for certain county hospitals. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3184. Final Vote: Ayes, 10: Palmer, Husak, Connolly, Deluhery, Drake, Freeman, Murphy, Neuhauser, Szymoniak and Vilsack. Nays, 5: Bennett, Hedge, Iverson, McLaren and Priebe. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 181, a bill for an act providing a sales tax exemption relating to aircraft and providing effective date and retroactive applicability provisions. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3186. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 367, a bill for an act relating to domestic abuse and victim protection and providing a penalty, a delayed effective date, and a conditional effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3185. Final Vote: Ayes, 12: Palmer, Husak, Bennett, Connolly, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe and Vilsack. Nays, none. Absent or not voting, 3: Deluhery, Drake and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 458 (SSB 275), a bill for an act relating to the duties of the county treasurer and providing effective and applicability dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3171 S.F. 375 Michael E. Gronstal S-3172 S.F. 69 Jim Lind S-3173 S.F. 371 Randal J. Giannetto S-3174 S.F. 416 Randal J. Giannetto S-3175 S.F. 367 Randal J. Giannetto S-3176 S.F. 353 Tony Bisignano S-3177 S.F. 178 Stewart E. Iverson, Jr. S-3178 H.F. 215 Tony Bisignano S-3179 S.F. 384 Mike Connolly S-3180 H.F. 215 Johnie Hammond S-3181 H.F. 215 Randal J. Giannetto S-3182 S.F. 178 O. Gene Maddox S-3183 S.F. 406 Mike Connolly S-3184 S.F. 179 Ways and Means S-3185 S.F. 367 Ways and Means S-3186 S.F. 181 Ways and Means S-3187 S.F. 290 Richard F. Drake Don Gettings S-3188 S.F. 369 Elaine Szymoniak S-3189 S.F. 291 Eugene Fraise S-3190 S.F. 403 Tom Vilsack S-3191 S.F. 434 Rod Halvorson S-3192 S.F. 208 Elaine Szymoniak S-3193 S.F. 352 Johnie Hammond S-3194 S.F. 396 Mary Lundby Michael E. Gronstal S-3195 S.F. 409 Andy McKean S-3196 S.F. 399 Randal J. Giannetto S-3197 S.F. 417 Randal J. Giannetto S-3198 S.F. 367 Elaine Szymoniak S-3199 S.F. 232 Patrick J. Deluhery Richard F. Drake Maggie Tinsman Don Gettings Tom Flynn Mary A. Lundby S-3200 S.F. 377 Berl E. Priebe John P. Kibbie ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 5:58 p.m., until 9:00 a.m., Thursday, March 23, 1995.
Previous Day: Tuesday, March 21 | Next Day: Thursday, March 23 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
© 1995 Cornell College and League of Women Voters of Iowa
Comments? sjourn@legis.iowa.gov.
Last update: Sun Jan 14 23:40:00 CST 1996
URL: /DOCS/GA/76GA/Session.1/SJournal/Day/0322.html
jhf