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SEVENTY-FOURTH CALENDAR DAY
FORTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, March 23, 1995
The Senate met in regular session at 9:00 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Dwight Rengstorf, pastor of the
Trinity Lutheran Church, Shenandoah, Iowa.
The Journal of Wednesday, March 22, 1995, was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Jensen until he arrives on request of Senator Rensink.
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 bill in which the
concurrence of the Senate is asked:
House File 362, a bill for an act relating to the statute of
limitations for products liability actions and providing immunity from
products liability under certain circumstances and providing for the
acts applicability.
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 49 present, 1 absent and a quorum present.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 162
On motion of Senator Hansen, Senate File 162, a bill for an act
eliminating the minimum amount which must be borrowed under a home
equity line of credit, 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. 162) 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
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Szymoniak Tinsman Vilsack Zieman
Nays, 1:
Sorensen
Absent or not voting, 1:
Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 377
On motion of Senator Priebe, Senate File 377, a bill for an act
relating to the payment of patronage dividends by cooperative
associations which are public utilities, was taken up for consideration.
Senator Priebe offered amendment S-3200 filed by Senators Priebe
and Kibbie on March 22, 1995, to page 1 of the bill and moved its
adoption.
Amendment S-3200 was adopted by a voice vote.
Senator Priebe 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. 377) 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
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:
Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 416
On motion of Senator Giannetto, Senate File 416, a bill for an act
relating to structured fines, establishing a civil penalty and
surcharge, providing for the distribution of fines, and establishing
effective and repeal dates, was taken up for consideration.
Senator Giannetto offered amendment S-3174 filed by him on March
22, 1995, to page 4 of the bill and moved its adoption.
Amendment S-3174 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. 416) 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
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:
Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 423
On motion of Senator Redfern, Senate File 423, a bill for an act
relating to delayed deposit services businesses and providing penalties,
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. 423) 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
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:
Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 352
On motion of Senator Szymoniak, Senate File 352, a bill for an act
relating to the family investment progrm and related human services
programs by requiring the department of human services to apply for
certain federal waivers and providing applicability providions, was
taken up for consideration.
Senator Hammond offered amendment S-3193 filed by her on March 22,
1995, to page 3 of the bill and moved its adoption.
Amendment S-3193 lost 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. 352) 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 Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 2:
Hammond Neuhauser
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 439
On motion of Senator Boettger, Senate File 439, a bill for an act
relating to making false reports to law enforcement agencies, making
spurious calls to emergency 911 communications centers, or providing
false information on citations and establishing penalties and providing
a conditional effective date, was taken up for consideration.
Senator Boettger moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 439) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Connolly Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred March 22, 1995)
Senate File 296
The Senate resumed consideration of 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, deferred
March 22, 1995.
Senator Maddox offered amendment S-3206 filed by Senators Giannetto
and Maddox from the floor to page 4 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall the amendment S-3206 be adopted? (S.F. 296)
the vote was:
Ayes, 31:
Bisignano Black Boettger Boswell
Connolly Dearden Deluhery Dvorsky
Fink Flynn Fraise Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Horn Husak Judge
Kibbie Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Sorensen Szymoniak Vilsack
Nays, 19:
74th Day THURSDAY, MARCH 23, 1995 849
Banks Bartz Bennett Borlaug
Douglas Drake Freeman Hedge
Iverson Jensen Kramer Lind
Lundby McLaren Rensink Rife
Rittmer Tinsman Zieman
Amendment S-3206 was adopted.
Senator Maddox 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. 296) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 2:
Fink Neuhauser
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 391
On motion of Senator Halvorson, Senate File 391, a bill for an act
relating to the payment of medical costs of temporary prisoners, was
taken up for consideration.
Senator Halvorson moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 391) 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 403
On motion of Senator Vilsack, Senate File 403, a bill for an act
relating to collection of delinquent restitution payments, was taken up
for consideration.
Senator Vilsack offered amendment S-3190 filed by him on March 22,
1995, to pages 2, 3 and the title page of the bill and moved its
adoption.
Amendment S-3190 was adopted by a voice vote.
Senator Vilsack moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 403) 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.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
162, 377, 416, 423, 352, 439, 296, 391 and 403 be immediately messaged
to the House.
RECESS
On motion of Senator Horn, the Senate recessed at 10:40 a.m., until
2:30 p.m.
APPENDIX
SIMILAR BILLS RECEIVED
On March 22, 1995, House File 170 was received and attached to
similar Senate File 40 on the Senate calendar and House File 471 was
received and attached to similar Senate File 418 on the Senate calendar.
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which division
S-3157C to Senate File 290 was adopted by the Senate on March 21, 1995.
MERLIN E. BARTZ
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
engrossing Senate File 367, the following corrections were made:
1. Page 9, lines 33 and 34, the words and numbers Sections 8, 13,
14, 18, 22, and 24 were changed to the words and numbers Sections 9, 13,
14, 19, 22, and 25.
JOHN F. DWYER Secretary of the Senate
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Fifty fifth grade students from Pleasant View Elementary School,
Pleasant Valley, accompanied by Mrs. Michelle Hoffman and Mrs. Moran.
Senators Rittmer and Tinsman.
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: March 22, 1995, 10:50 a.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky,
Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge,
Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: none.
Committee Business: Approved SSBs 298.1 and 344 as committee bills;
recommended passage of House File 186.
Adjourned: 11:55 a.m.
WAYS AND MEANS
Convened: March 22, 1995, 10:40 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser,
Priebe and Vilsack.
Members Absent: Deluhery, Drake and Szymoniak (all excused).
Committee Business: Recommended passage of Senate File 367 as amended.
Adjourned: 10:45 a.m.
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Johnston High School Boys basketball team, Johnston - For being the
1995 State Champs in the Class 3-A Boys State basketball tournament.
Senator Maddox (3-18-95).
Valley High School Girls basketball team, West Des Moines - For
your great accomplishments in the Class 4-A Girls State basketball
tournament. Senator Maddox (3-11-95).
Valley High School Boys basketball team, West Des Moines - For your
great accomplishments in the Class 4-A Boys State basketball tournament.
Senator Maddox (3-18-95).
Kenny Baych and Hank Stoffer, Hazelton - For community volunteer
service. Senator Murphy (3-22-95).
Jesup High School Boys basketball team, Jesup - For going to the
Boys State basketball tournament. Senator Murphy (3-22-95).
West Central High School Girls basketball team, Maynard - For going
to the Girls State basketball tournament. Senator Murphy (3-22-95).
West Central High School Boys basketball team, Maynard - For going
to the Boys State basketball tournament. Senator Murphy (3-22-95).
Donna Block, Oelwein High School - For scholastic gold medalist for
the Iowa Academic Decathlon. Senator Murphy (3-22-95).
Trisha Masters, Oelwein High School - For honor division gold
medalist for the Iowa Academic Decathlon. Senator Murphy (3-22-95).
Oelwein Community High School Academic Decathlon Team - For your
outstanding effort in winning the small school regional title in the
regional academics decathlon. Senator Murphy (3-22-95).
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MR. PRESIDENT: The Secretary of the Senate respectfully reports
that the following bill has been enrolled, signed by the President of
the Senate and the Speaker of the House, and presented to the Governor
for his approval on this 23rd day of March, 1995:
Senate File 158.
JOHN F. DWYER Secretary of the Senate
SUBCOMMITTEE ASSIGNMENTS
Senate File 374
STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and
Rittmer.
Senate File 413
WAYS AND MEANS: Priebe, Chair; Connolly and McLaren
Senate File 422
WAYS AND MEANS: Connolly, Chair; Drake and Priebe
Senate File 445
WAYS AND MEANS: Deluhery, Chair; Hedge and Priebe
Senate File 448
WAYS AND MEANS: Priebe, Chair; Hedge and Neuhauser
Senate File 450
WAYS AND MEANS: Szymoniak, Chair; Connolly and Freeman
Senate File 451
WAYS AND MEANS: Deluhery, Chair; Drake and Murphy
House File 252
STATE GOVERNMENT: Halvorson, Chair; Kibbie and Lind
AMENDMENTS FILED
S-3201 S.F. 459 Stewart E. Iverson, Jr.
Andy McKean
S-3202 S.F. 410 Johnie Hammond
S-3203 S.F. 431 Mary Neuhauser
S-3204 S.F. 422 Mary Lundby
S-3205 S.F. 440 Donald B. Redfern
S-3206 S.F. 296 Randal J. Giannetto
O. Gene Maddox
S-3207 S.F. 431 Mary C. Neuhauser
Steven D. Hansen
S-3208 S.F. 456 Sheldon Rittmer
S-3209 S.F. 414 Sheldon Rittmer
S-3210 S.F. 459 Eugene Fraise
S-3211 S.F. 459 Eugene Fraise
S-3212 S.F. 358 Jim Lind
Andy McKean
Mary Lundby
Richard Drake
S-3213 S.C.R. 20 Brad Banks
S-3214 S.F. 431 Tony Bisignano
S-3215 S.F. 458 O. Gene Maddox
S-3216 S.F. 178 O. Gene Maddox
AFTERNOON SESSION
The Senate reconvened at 2:40 p.m., President Boswell presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on March 23, 1995, passed the following bills in which the
concurrence of the Senate is asked:
House File 87, a bill for an act relating to the goal for the
amount of Iowas land area provided public open space protection.
This bill was read first time and passed on file.
House File 125, a bill for an act relating to the organization and
expenses of the county charter commission.
This bill was read first time and passed on file.
House File 247, a bill for an act relating to the regulation of
insurance, including the authority of the insurance division to regulate
certain policies and contracts and parties to such policies and
contracts, establishing fees, and providing civil penalties.
This bill was read first time and passed on file.
House File 303, a bill for an act relating to pipelines and
underground storage of hazardous liquids, and providing penalties and
effective and retroactive applicability date provisions.
This bill was read first time and passed on file.
House File 425, a bill for an act repealing air toxics fees.
This bill was read first time and passed on file.
House File 428, a bill for an act relating to the expenditure of
moneys deposited in an E911 service fund.
This bill was read first time and passed on file.
House File 437, a bill for an act relating to the financing of
political campaigns and by adding and changing definitions of
commissioner and political committee, changing the providing for the
appointment of committee personnel and the maintenance of committee
funds, providing for the retention of records, establishing requirements
for committee names, specifying requirements for out-of-state committee
filings, prohibiting political committees from supporting a single
candidate, revising filing deadlines and the contents of disclosure
reports, providing for disclaimers on published materials by
nonregistered entities, including federal corporations under corporate
activity prohibitions, allowing candidates to donate funds to district
political party central committees and political subdivisions, providing
for the establishment of ethics and campaign disclosure board staff
salaries, and making other related changes.
This bill was read first time and passed on file.
House File 475, a bill for an act relating to the state archivists
office.
This bill was read first time and passed on file.
House File 476, a bill for an act eliminating the appeal period
for the awarding of contracts by the purchasing division of the
department of general services.
This bill was read first time and passed on file.
House File 477, a bill for an act requiring that a publication
whose standards are incorporated by reference in agency rulemaking be
purchased and provided by the agency to the administrative rules
coordinator for deposit in the state law library.
This bill was read first time and passed on file.
House File 478, a bill for an act providing limited immunity for
persons responding to oil spills.
This bill was read first time and passed on file.
House File 489, a bill for an act authorizing an increase in the
amount of taxes dedicated to the reserve account by township trustees
for supplies and equipment related to fire protection, emergency warning
systems, and ambulance services.
This bill was read first time and passed on file.
House File 490, a bill for an act relating to limited liability
companies.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 460, by Horn and Rife, a bill for an act relating to
the establishment of the state percent of growth for purposes of the
state school foundation program and providing an effective and
applicability date provision.
Read first time and assigned to the committee on Education.
Senate File 461, by Deluhery, Murphy, Fraise, Vilsack, Gronstal,
Husak, Bisignano, Hansen, Szymoniak, Dearden, Black, Kibbie, Priebe,
Dvorsky, Gettings, Sorensen, Giannetto, Judge, Halvorson, Hammond,
Neuhauser, Flynn, Palmer, Connolly, Fink, Tinsman, Rittmer, Jensen,
Lundby, Borlaug, and Freeman, a bill for an act increasing the amount
of the personal exemption credits under the states individual income tax
and providing effective and applicability date provisions.
Read first time and passed on file.
Senate File 462, by committee on Appropriations, a bill for an act
relating to appropriations for the department of human services and the
prevention of disabilities policy council and including other provisions
and appropriations involving human services and health care and
providing for effective and applicability dates.
Read first time and placed on Appropriations Calendar.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 39 present, 11 absent and a quorum present.
UNFINISHED BUSINESS
(Deferred March 21, 1995)
Senate File 290
The Senate resumed consideration of Senate File 290, a bill for an
act relating to motor vehicle and highway regulation by the state
department of transportation concerning retention of records and
documents, registration plates and stickers, dissolution decree
transfers of motor vehicle titles, junking certificates for abandoned
vehicles, flashing blue lights, motorcycle license requirements, leased
motor vehicles, proof of financial responsibility, charges for
handicapped identification devices, single state registration for motor
carriers, commodity base state registration, other technical changes,
and providing an effective date, deferred March 21, 1995.
Senator Banks offered amendment S-3164 filed by him on March 21,
1995, to pages 1, 4 and 18 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3164 be adopted? (S.F. 290) the
vote was:
Ayes, 26:
Banks Bartz Bennett Boettger
Borlaug Boswell Douglas Drake
Fink Freeman Gettings Husak
Iverson Jensen Kramer Lind
Maddox McKean McLaren Redfern
Rensink Rife Rittmer Sorensen
Tinsman Zieman
Nays, 21:
860 JOURNAL OF THE SENATE 74th Day
Bisignano Connolly Dearden Deluhery
Dvorsky Flynn Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Judge Kibbie Murphy
Neuhauser Palmer Priebe Szymoniak
Vilsack
Absent or not voting, 3:
Black Fraise Lundby
Amendment S-3164 was adopted.
Senator Drake offered amendment S-3187 filed by Senators Drake and
Gettings on March 22, 1995, to page 13 of the bill and moved its
adoption.
Amendment S-3187 was adopted by a voice vote.
Senator Bartz called up the motion to reconsider the vote by which
division S-3157C to Senate File 290 was adopted by the Senate on March
21, 1995, filed by him on March 23, 1995, found on page 852 of the
Senate Journal and moved its adoption.
The motion prevailed by a voice vote and division S-3157C by
Senator Bartz to pages 12 and 18 of the bill, was taken up for
reconsideration.
Senator Bartz withdrew division S-3157C.
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. 290) the vote was:
Ayes, 47:
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 Sorensen
Szymoniak Tinsman Vilsack
Nays, 2:
Rittmer Zieman
Absent or not voting, 1:
Murphy
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Horn asked and received unanimous consent that Senate File
290 be immediately messaged to the House.
The Senate stood at ease at 3:15 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 3:23 p.m., President Boswell
presiding.
UNFINISHED BUSINESS
(Deferred March 21, 1995)
Senate File 213
The Senate resumed consideration of Senate File 213, a bill for an
act relating to handicapped parking and providing a penalty, and
amendment S-3149 by Senator Dearden to pages 5, 6 and 11 of the bill,
deferred March 21, 1995.
Senator Banks offered amendment S-3163 filed by Senators Banks and
Dearden on March 21, 1995, to amendment S-3149 and moved its adoption.
Amendment S-3163 was adopted by a voice vote.
Senator Dearden moved the adoption of amendment S-3149 as amended,
which motion prevailed by a voice vote.
Senator Jensen 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. 213) 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
Halvorson Hammond Hansen Hedge
Horn Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Gronstal Husak
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 424
On motion of Senator Kibbie, Senate File 424, a bill for an act
relating to membership and administration of the board of the statewide
police and fire retirement system and providing an effective date, was
taken up for consideration.
Senator Kibbie 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. 424) 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 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:
Hansen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
COMMITTEE REPORT
EDUCATION
Final Bill Action: SENATE FILE 460, a bill for an act relating to the
establishment of the state percent of growth for purposes of the state
school foundation program and providing an effective and applicability
date provision.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
Fink, Hammond, Iverson, Kramer, Lind, Neuhauser, Rensink, Szymoniak and
Tinsman. Nays, none. Absent or not voting, 1: Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 460.
Senate File 460
On motion of Senator Connolly, Senate File 460, a bill for an act
relating to the establishment of the state percent of growth for
purposes of the state school foundation program and providing an
effective and applicability date provision, with report of committee
recommending passage, was taken up for consideration.
Senator Connolly moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 460) the vote was:
Ayes, 50:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, none.
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
213, 424 and 460 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 23, 1995, passed the following bills in which the
concurrence of the Senate is asked:
House File 185, a bill for an act relating to the sales, services,
and use tax exemption for items used by printers and publishers,
limiting the amount of refunds, and providing retroactive and
applicability date provisions.
This bill was read first time and passed on file.
House File 238, a bill for an act relating to the joint purchase
of group health benefits by multiple school districts or area education
agencies pursuant to an intergovernmental agreement.
This bill was read first time and passed on file.
House File 363, a bill for an act relating to the development of
housing for low or moderate income families in urban renewal areas,
including an applicability date provision.
This bill was read first time and passed on file.
House File 460, a bill for an act relating to governmental control
of property by allowing governmental entities to enter and test property
for condemnation of property for highway purposes, providing for the
interest rates assessed for condemnation damages, providing for
right-of-way notice filings, and concerning advertising control laws on
scenic highways.
This bill was read first time and passed on file.
WITHDRAWN
Senator Halvorson asked and received unanimous consent that Senate
File 48 be withdrawn from further consideration of the Senate.
APPENDIX
COMPANION BILLS
House files were attached to companion Senate files on the senate
calendar as follows:
H.F. 490 companion S.F. 396 3-23-95
H.F. 477 companion S.F. 336 3-23-95
H.F. 478 companion S.F. 387 3-23-95
STUDY BILLS RECEIVED
SSB 346
Ways and Means
Establishing a surcharge on misdemeanors and traffic violations and
designating the proceeds for the community grant fund.
SSB 347
Ways and Means
Relating to economic development by establishing a workforce
development fund, providing for the transfer of certain employer
withholding amounts to the workforce development fund, and establishing
a loan loss reserve program.
SSB 348
Ways and Means
Relating to interest earned on rental deposits.
SSB 349
Ways and Means
Relating to changing the point of taxation of motor vehicle fuel by
requiring suppliers, restrictive suppliers, importers, exporters,
dealers, users, or blenders licenses, changing reporting periods, and
adding penalties.
SUBCOMMITTEE ASSIGNMENTS
House File 277
HUMAN RESOURCES: Boettger, Chair; Dvorsky and Hammond
SSB 346
WAYS AND MEANS: Vilsack, Chair; Deluhery and Freeman
SSB 347
WAYS AND MEANS: Vilsack, Chair; Bennett and Palmer
SSB 348
WAYS AND MEANS: Connolly, Chair; McLaren and Murphy
SSB 349
WAYS AND MEANS: Neuhauser, Chair; Iverson and Palmer
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Twenty-five sixth grade students from Wellsburg-Steamboat Rock
Middle School, Steamboat Rock, accompanied by Bob Hutchcroft. Senators
Iverson and Jensen.
Twenty-five fifth grade students from Lakeview Elementary School,
Centerville, accompanied by Jane Sheik. Senator Judge.
Thirty-nine students from Spirit Lake High School, Spirit Lake,
accompanied by Harold Overman. Senator Kibbie.
Two tenth grade students from Forest Ridge School, Estherville,
accompanied by Cindy Cox. Senator Kibbie.
CERTIFICATE OF RECOGNITION
The secretary of the senate issued the following certificate of
recognition:
Michael G. Flock, Cedar Rapids - For attaining the rank of Eagle
Scout. Senator McKean (3-26-95).
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 461 Ways and Means
H.F. 87 Natural Resources, Environ. & Energy
H.F. 125 Local Government
H.F. 247 Commerce
H.F. 303 Natural Resources, Environ. & Energy
H.F. 336 Appropriations
H.F. 362 Judiciary
H.F. 363 Small Business, Econ. Dev. & Tourism
H.F. 425 Natural Resources, Environ. & Energy
H.F. 428 Local Government
H.F. 437 State Government
H.F. 475 State Government
H.F. 476 State Government
H.F. 489 Local Government
COMMITTEE REPORTS
APPROPRIATIONS
Final Bill Action: SENATE FILE 462 (SSB 344), a bill for an act relating
to appropriations for the department of human services and the
prevention of disabilities policy council and including other provisons
and appropriations involving human services and health care and
providing for effective and applicability dates.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 23: Murphy, Boswell, Lind, Banks, Bartz, Bisignano,
Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson,
Hammond, Husak, Iverson, Judge, Kibbie, Neuhauser, Rensink, Tinsman and
Vilsack. Nays, none. Absent or not voting, 2: Kramer and McLaren.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 463 (SSB 345), a bill for an act
appropriating funds to the department of economic development, the Iowa
finance authority, the Wallace technology transfer foundation, division
of insurance of the department of commerce, the public employment
relations board, the Iowa seed capital corporation, the international
development foundation, and the department of employment services and
making related statutory changes.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Murphy, Boswell, Bisignano, Dvorsky, Flynn,
Fraise, Gronstal, Halvorson, Hammond, Husak, Judge, Neuhauser and
Vilsack. Nays, 10: Lind, Banks, Bartz, Black, Borlaug, Douglas, Iverson,
McLaren, Rensink and Tinsman. Absent or not voting, 2: Kibbie and
Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Appropriations
Committee on Senate File 463 and they were attached to the committee
report.
INTRODUCTION OF BILL
Senate File 463, by committee on Appropriations, a bill for an act
appropriating funds to the department of economic development, the Iowa
finance authority, the Wallace technology transfer foundation, division
of insurance of the department of commerce, the public employment
relations board, the Iowa seed capital corporation, the international
development foundation, and the department of employment services and
making related statutory changes.
Read first time under Rule 28 and placed on Appropriations
Calendar.
AMENDMENTS FILED
S-3217 S.F. 446 Rod Halvorson
S-3218 S.F. 446 Rod Halvorson
O. Gene Maddox
S-3219 S.F. 459 Eugene Fraise
S-3220 S.F. 405 Patty Judge
Michael E. Gronstal
S-3221 S.F. 402 Patty Judge
S-3222 S.F. 431 Tony Bisignano
S-3223 S.F. 347 Tom Vilsack
S-3224 S.F. 431 Jim Lind
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 4:15 p.m., until
1:00 p.m., Monday, March 27, 1995.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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