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