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SEVENTY-EIGHTH CALENDAR DAY
FORTY-SIXTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, March 27, 1995
The Senate met in regular session at 1:40 p.m., President Boswell
presiding.
Prayer was offered by the Reverend Denny R. Funderberg, pastor of
the Gospel of the Living Word Church, Spencer, Iowa.
The Journal of Thursday, March 23, 1995, was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Borlaug for the day on request of Senator Rife.
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 bill in which the
concurrence of the House was asked:
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.
ALSO: That the House has on March 23, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 203, a bill for an act relating to the location of the
office of the commission of veterans affairs, and providing an effective
date.
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 48 present, 2 absent and a quorum present.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate Files
339, 410 and 449 be referred from the Regular Calendar to the committee
on Human Resources.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 446
On motion of Senator McKean, Senate File 446, a bill for an act
relating to the possession or use of alcohol while operating a motor
vehicle by requiring the administrative revocation of driving privileges
of persons under the age of twenty-one who operate a motor vehicle with
an alcohol concentration of .02 or more, denying issuance of temporary
restricted licenses during the period of revocation, including the
revocation under implied consent provisions, providing for civil
penalties, excluding the revocation from application of certain motor
vehicle financial responsibility requirements, providing for minimum
periods of license revocation, providing a scheduled fine for possession
of an open alcohol container while operating a motor vehicle, providing
for the impoundment or immobilization of motor vehicles driven or owned
by persons convicted of operating while intoxicated and being a second
or subsequent offender, providing criminal penalties, and other related
matters, was taken up for consideration.
Senator Halvorson offered amendment S-3217 filed by him on March
23, 1995, to pages 1 and 8 of the bill and moved its adoption.
Amendment S-3217 was adopted by a voice vote.
Senator Halvorson offered amendment S-3218 filed by Senators
Halvorson and Maddox on March 23, 1995, to pages 7 and 12 of the bill
and moved its adoption.
Amendment S-3218 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. 446) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger 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:
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
368 be referred from the Regular Calendar to the committee on Education.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
446 be immediately messaged to the House.
UNFINISHED BUSINESS
(Deferred March 22, 1995)
Senate File 178
The Senate resumed consideration of Senate File 178, a bill for an
act relating to emergency medical services, deferred March 22, 1995.
Senator Iverson filed the following motion to reconsider from the
floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-3177 to Senate File 178 was adopted by the Senate on March 22, 1995.
The motion prevailed by a voice vote and amendment S-3177 by
Senator Iverson to page 6 of the bill, was taken up for reconsideration.
Senator Iverson withdrew amendment S-3177.
Senator Iverson offered amendment S-3228 filed by him from the
floor to page 6 of the bill and moved its adoption.
Amendment S-3228 was adopted by a voice vote.
Senator Hammond offered amendment S-3144 filed by her on March 20,
1995, to page 7 of the bill.
Senator Iverson offered amendment S-3227 filed by him from the
floor to amendment S-3144 and moved its adoption.
Amendment S-3227 was adopted by a voice vote.
Senator Hammond moved the adoption of amendment S-3144 as amended,
which motion prevailed by a voice vote.
Senator Iverson offered amendment S-3233 filed by him from the
floor to pages 11 and 12 of the bill and moved its adoption.
Amendment S-3233 was adopted by a voice vote.
Senator Maddox withdrew amendment S-3182 filed by him on March 22,
1995, to page 15 of the bill.
Senator Maddox offered amendment S-3216 filed by him on March 23,
1995, to page 15 of the bill and moved its adoption.
Amendment S-3216 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. 178) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger 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:
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONFIRMATION OF GOVERNORS APPOINTMENTS
(En Bloc Confirmation Calendar)
In accordance with Senate Rule 59, Senator Horn called up the
following eligible appointees on the En Bloc Confirmation Calendar:
Dr. Rick D. Wilkerson as a member of the Athletic Trainer Advisory
Board.
Carol A. Garrett, Doris A. Hansen, John B. Parks, Randolph P. Steig
and Bruce Tamisiea as members of the Iowa Seed Capital Corporation.
Kenneth W. McNichols as a member of the State Soil Conservation
Committee.
Senator Horn moved that the foregoing appointees be confirmed by
the Senate.
On the question Shall the appointees be confirmed? the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger 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:
Borlaug
The appointees having received a two-thirds vote were declared to
have been confirmed by the Senate.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 437
On motion of Senator Kibbie, Senate File 437, a bill for an act
relating to the entitlement to benefits and dividends under the Iowa
public employees retirement system, was taken up for consideration.
Senator Kibbie offered amendment S-3166 filed by him on March 21,
1995, to pages 2 and 4 of the bill and moved its adoption.
Amendment S-3166 was adopted by a voice vote.
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. 437) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
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:
Borlaug Husak
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
178 and 437 be immediately messaged to the House.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senate File 459
On motion of Senator Fraise, Senate File 459, 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,
was taken up for consideration.
The Senate stood at ease at 3:15 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 3:37 p.m., President Boswell
presiding.
Senator Gronstal offered amendment S-3226 filed by him from the
floor to page 4 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3226 be adopted? (S.F. 459) the
vote was:
Ayes, 26:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Priebe Sorensen
Szymoniak Vilsack
Nays, 22:
Banks Bartz Bennett Boettger
Douglas Drake Freeman Hedge
Iverson Jensen Kramer Lind
Lundby Maddox McKean McLaren
Redfern Rensink Rife Rittmer
Tinsman Zieman
Absent or not voting, 2:
Borlaug Palmer
Amendment S-3226 was adopted.
Senator Iverson offered amendment S-3201 filed by Senators Iverson
and McKean on March 23, 1995, to page 8 of the bill and moved its
adoption.
A record roll call was requested.
On the question Shall amendment S-3201 be adopted? (S.F. 459) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 21:
Banks Bartz Bennett Boettger
Douglas Drake Freeman Hedge
Iverson Jensen Kramer Lind
Lundby McKean McLaren Redfern
Rensink Rife Rittmer Tinsman
Zieman
Nays, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Maddox Murphy Neuhauser Palmer
Priebe Sorensen Szymoniak Vilsack
Absent or not voting, 1:
Borlaug
Amendment S-3201 lost.
Senator Dvorsky offered amendment S-3231 filed by Senators Dvorsky,
et al., from the floor to page 9 of the bill and moved its adoption.
Amendment S-3231 was adopted by a voice vote.
Senator Fraise offered amendment S-3232 filed by him from the floor
to page 24 of the bill and moved its adoption.
Amendment S-3232 was adopted by a voice vote.
Senator Fraise offered amendment S-3211 filed by him on March 23,
1995, to page 26 of the bill and moved its adoption.
Amendment S-3211 was adopted by a voice vote.
Senator Fraise offered amendment S-3219 filed by him on March 23,
1995, to pages 26 and 29 of the bill and moved its adoption.
Amendment S-3219 was adopted by a voice vote.
Senator Gronstal offered amendment S-3225 filed by him from the
floor to page 26 of the bill and moved its adoption.
Amendment S-3225 was adopted by a voice vote.
Senator Murphy offered amendment S-3236 filed by Senators Murphy
and Fraise from the floor to page 26 of the bill.
Senator Lind offered amendment S-3239 filed by Senators Lind,
Murphy and Fraise from the floor to amendment S-3236 and moved its
adoption.
Amendment S-3239 was adopted by a voice vote.
Senator Fraise offered amendment S-3242 filed by him from the floor
to amendment S-3236 and moved its adoption.
Amendment S-3242 was adopted by a voice vote.
Senator Murphy moved the adoption of amendment S-3236 as amended,
which motion prevailed by a voice vote.
Senator Lind offered amendment S-3238 filed by Senators Lind and
Murphy from the floor to page 26 of the bill.
Senator Fraise asked and received unanimous consent that action on
amendment S-3238 be deferred.
Senator Murphy offered amendment S-3240 filed by him from the floor
to pages 26 and 29 of the bill.
Senator McKean asked and received unanimous consent that action on
amendment S-3240 be deferred.
Senator Fraise withdrew amendment S-3210 filed by him on March 23,
1995, to page 26 of the bill.
Senator Bisignano offered amendment S-3241 filed by him from the
floor to page 8 of the bill.
Senator Halvorson offered amendment S-3243 filed by him from the
floor to amendment S-3241 and moved its adoption.
Amendment S-3243 was adopted by a voice vote.
Senator Bisignano asked and received unanimous consent that action
on amendment S-3241 as amended be deferred.
Senator Horn asked and received unanimous consent that action on
Senate File 459 be deferred.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 179
On motion of Senator Judge, Senate File 179, a bill for an act
increasing the maximum property tax levy for certain county hospitals,
with report of committee on Ways and Means recommending amendment and
passage, was taken up for consideration.
Senator Palmer offered amendment S-3184 filed by the committee on
Ways and Means on March 22, 1995, to page 1 and the title page of the
bill and moved its adoption.
Amendment S-3184 was adopted by a voice vote.
Senator Judge 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. 179) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 45:
Banks Bartz Bennett Boettger
Boswell Connolly Dearden Deluhery
Douglas Drake Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Tinsman Vilsack
Zieman
Nays, 3:
Bisignano Black Iverson
Absent or not voting, 2:
Borlaug Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senate File 197
On motion of Senator Sorensen, Senate File 197, a bill for an act
relating to the confidentiality of financial information provided to the
department of agriculture and land stewardship and providing an
effective date, with report of committee recommending passage, 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. 197) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger 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 Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Borlaug Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 337
On motion of Senator Gronstal, Senate File 337, a bill for an act
relating to publishing notice of outdated unpaid state warrants, was
taken up for consideration.
Senator Gronstal moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 337) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger 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:
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 371
On motion of Senator Hammond, Senate File 371, a bill for an act
relating to prohibiting a polygraph examination of a victim of sexual
abuse as a precondition to an investigation by a law enforcement agency,
was taken up for consideration.
Senator Giannetto offered amendment S-3173 filed by him on March
22, 1995, to page 1 of the bill and moved its adoption.
Amendment S-3173 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. 371) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger 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:
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 263
On motion of Senator Szymoniak, Senate File 263, a bill for an act
requiring licensure of hospice programs and providing a penalty, 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. 263) the vote was:
Ayes, 34:
Bartz Bisignano Boettger Boswell
Connolly Dearden Deluhery Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Jensen
Judge Kibbie Kramer Lind
Lundby Maddox Murphy Neuhauser
Palmer Redfern Sorensen Szymoniak
Tinsman Vilsack
Nays, 15:
Banks Bennett Black Douglas
Drake Hedge Husak Iverson
McKean McLaren Priebe Rensink
Rife Rittmer Zieman
Absent or not voting, 1:
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
Senate File 459
The Senate resumed consideration of Senate File 459, 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,
and amendment S-3240 by Senator Murphy to pages 26 and 29 of the bill,
previously deferred.
Senator McKean offered amendment S-3244 filed by Senators McKean,
et al., from the floor to amendment S-3240 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3244 to amendment S-3240 be
adopted? (S.F. 459) the vote was:
Ayes, 24:
Banks Bartz Bennett Black
Boettger Connolly Douglas Drake
Dvorsky Flynn Freeman Giannetto
Halvorson Hammond Hedge Iverson
Jensen Maddox McKean Neuhauser
Redfern Rensink Vilsack Zieman
Nays, 25:
Bisignano Boswell Dearden Deluhery
Fink Fraise Gettings Gronstal
Hansen Horn Husak Judge
Kibbie Kramer Lind Lundby
McLaren Murphy Palmer Priebe
Rife Rittmer Sorensen Szymoniak
Tinsman
Absent or not voting, 1:
Borlaug
Amendment S-3244 lost.
Senator Murphy moved the adoption of amendment S-3240.
A non record roll call was requested.
The ayes were 20, nays 27.
Amendment S-3240 lost.
Senator Gronstal offered amendment S-3245 filed by Senators
Gronstal and Murphy from the floor to page 8 of the bill.
Senator Gronstal asked and received unanimous consent that action
on amendment S-3245 be deferred.
(Action on Senate File 459 was deferred.)
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 106
On motion of Senator Sorensen, Senate File 106, a bill for an act
to provide disaster leave for certain state employees, with report of
committee recommending amendment and passage, was taken up for
consideration.
Senator Sorensen offered amendment S-3117 filed by the committee on
State Government on March 9, 1995, to page 1 of the bill and moved its
adoption.
Amendment S-3117 was adopted by a voice vote.
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. 106) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger 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:
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 390
On motion of Senator Hammond, Senate File 390, a bill for an act
relating to the Iowa arts and cultural enhancement and endowment program
and foundation, 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. 390) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger 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:
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
Senate File 459
The Senate resumed consideration of Senate File 459, 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,
and amendment S-3245 by Senators Gronstal and Murphy to page 8 of the
bill, previously deferred.
Senator Halvorson offered amendment S-3247 filed by Senators
Halvorson, Bisignano and Gronstal from the floor to amendment S-3245 and
moved its adoption.
Amendment S-3247 was adopted by a voice vote.
Senator Gronstal moved the adoption of amendment S-3245 as amended,
which motion prevailed by a voice vote.
With the adoption of amendment S-3245 as amended, the Chair ruled
amendment S-3241 by Senator Bisignano to page 8 of the bill previously
deferred, out of order.
Senator Lind asked and received unanimous consent to withdraw
amendment S-3238 by Senators Lind and Murphy to page 26 of the bill,
previously deferred.
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. 459) the vote was:
Ayes, 33:
Bartz Bisignano Black Boswell
Connolly Dearden Deluhery Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hansen Horn Husak Jensen
Judge Kibbie Lundby Murphy
Neuhauser Palmer Priebe Redfern
Rensink Sorensen Szymoniak Vilsack
Zieman
Nays, 16:
Banks Bennett Boettger Douglas
Freeman Hammond Hedge Iverson
Kramer Lind Maddox McKean
McLaren Rife Rittmer Tinsman
Absent or not voting, 1:
Borlaug
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
459, 179, 263, 197, 337, 371, 106 and 390 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 27, 1995, passed the following bills in which the
concurrence of the Senate is asked:
House File 483, a bill for an act relating to activities of the
department of human services, including provisions involving the state
hospital-schools and other institutions, commitments of persons with
mental retardation, and the departments public housing unit.
This bill was read first time and passed on file.
House File 505, a bill for an act relating to payment of expenses
for persons with mental retardation.
This bill was read first time and passed on file.
APPENDIX
PETITIONS
The following petitions favoring true parental notification of a
parent or legal guardian prior to performance of an abortion on a minor
(definition of parent would exclude grandparents, siblings or other
relatives), and providing for a judicial bypass, were presented and
placed on file by:
Senator Borlaug from 175 residents of Chickasaw and Howard
Counties.
Senator Deluhery from 253 residents of Scott County.
Senator Dvorsky from 36 residents of Linn County.
Senator Flynn from 208 residents of Dubuque, Jackson and Delaware
Counties.
Senator Freeman from 28 residents of Cherokee, Buena Vista and
Pocahontas Counties.
Senator Gettings from 170 residents of Jefferson, Van Buren and
Wapello Counties.
Senator Hedge from 285 residents of Marion and Mahaska Counties.
Senator Iverson from 20 residents of Franklin County.
Senator Kibbie from 109 residents of Clay County.
Senator Lundby from 602 residents of Linn County.
Senator McKean from 69 residents of Jones County.
Senator McLaren from 179 residents of Montgomery County.
Senator Palmer from 59 residents of Polk County.
Senator Rensink from 168 residents of Sioux County.
Senator Sorensen from 36 residents of Boone County.
Senator Vilsack from 63 residents of Lee and Washington Counties.
The following petitions favoring issuance of motor vehicle licenses
by county treasurers were presented and placed on file by:
Senator Borlaug from district 15 residents of Howard County.
Senator Flynn from 93 residents of Jackson County.
Senator McLaren from 482 residents of Montgomery County.
The following petitions favoring reestablishing funding for the
Older Iowans Legislature were presented and placed on file by:
Senator Dearden from 38 residents of Polk County.
Senator Maddox from 41 residents of district 38 in Polk County.
The following petitions favoring legislation that would remove
income tax on retirees pensions were presented and placed on file by:
Senator Fraise from 155 residents of Des Moines and Lee Counties.
Senator Gettings from 21 residents of Wapello County.
The following petitions were presented and placed on file by:
Senator Bartz from 596 residents of Iowa opposing legislation
requiring mandatory helmet usage for motorcycles.
Senator Bartz from 552 residents of Iowa opposing legislation
requiring mandatory helmet usage for bicyclists.
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: March 23, 1995, 11:45 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, McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: Kramer (excused).
Committee Business: Approved SSB 345 as a committee bill.
Adjourned: 12:57 p.m.
EDUCATION
Convened: March 23, 1995, 3:21 p.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind,
Neuhauser, Rensink, Szymoniak and Tinsman.
Members Absent: Murphy (excused).
Committee Business: Recommended passage of Senate File 460.
Adjourned: 3:23 p.m.
WAYS AND MEANS
Convened: March 23, 1995, 1:35 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Deluhery, Drake, Freeman, Hedge, Iverson, Priebe, Szymoniak and
Vilsack.
Members Absent: Connolly, McLaren (excused), Murphy (excused) and
Neuhauser.
Committee Business: Assigned bills to subcommittees; assigned governors
appointees to subcommittees; recommended passage of House File 50.
Adjourned: 1:40 p.m.
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Doyle Knadle, Mondamin - For completing 25 years of service to the
Harrison County Soil and Water Conservation District. Senator Boettger
(3-27-95).
John Erickson, Harlan - For completing 40 years of service to the
U.S. Post Office. Senator Boettger (3-27-95).
Palmer College of Chiropractic, Davenport - For the 100th
anniversary of the founding of the chiropractic profession. Senator
Tinsman (3-24-95).
BILLS SIGNED BY THE GOVERNOR
Communications were received announcing that on March 23 and 27,
1995, the Governor approved and transmitted to the Secretary of State
the following bills:
SENATE FILE 17 - An act establishing the state percent of growth
for the school budget year beginning July 1, 1995, for purposes of the
state school foundatin program and providing effective and applicability
date provisions (3-23-95).
SENATE FILE 158 - An act to provide conformity to the definition of
travel trailers (3-27-95).
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: HOUSE FILE 30, a bill for an act relating to the fee
for a combined hunting and fishing license and providing an effective
date and applicability provision.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Palmer, Husak, Bennett, Deluhery, Drake, Freeman,
Hedge, Iverson, Priebe, Szymoniak and Vilsack. Nays, none. Absent or not
voting, 4: Connolly, McLaren, Murphy and Neuhauser.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
STUDY BILLS RECEIVED
SSB 350
Appropriations
Establishing an oversight, audit and government reform committee.
SSB 351
Ways & Means
Authorizing certain counties, cities, or school districts to create
a joint authority to issue bonds to build and own buildings and
authorizing a tax levy by school districts to lease buildings.
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 12
STATE GOVERNMENT: Gronstal, Chair; Kibbie and McLaren
Senate File 348
STATE GOVERNMENT: Fink, Chair; Giannetto and Lind
Senate File 410
HUMAN RESOURCES: Neuhauser, Chair; Kramer and Vilsack
House File 103
JUDICIARY: Vilsack, Chair; Boettger, Fraise, Giannetto and Maddox
House File 217
STATE GOVERNMENT: Halvorson, Chair; Lundby and Sorensen
House File 362
JUDICIARY: Vilsack, Chair; Giannetto, Hansen, McKean and Redfern
House File 363
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Vilsack, Chair;
Hansen and Zieman
House File 437
STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer
House File 475
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
House File 476
STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen
SSB 351
WAYS AND MEANS: Murphy, Chair; Connolly and Drake
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 27th day of March, 1995:
Senate File 460.
JOHN F. DWYER Secretary of the Senate
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
78th Day MONDAY, MARCH 27, 1995 895
H.F. 203 State Government
H.F. 238 Education
H.F. 460 Transportation
AMENDMENTS FILED
S-3225 S.F. 459 Michael E. Gronstal
S-3226 S.F. 459 Michael E. Gronstal
S-3227 S.F. 178 Stewart E. Iverson, Jr.
S-3228 S.F. 178 Stewart E. Iverson, Jr.
S-3229 S.F. 18 Stewart E. Iverson, Jr.
S-3230 S.F. 433 Elaine Szymoniak
S-3231 S.F. 459 Robert Dvorsky
Eugene Fraise
Jim Lind
Mary Kramer
Dick Dearden
Derryl McLaren
S-3232 S.F. 459 Eugene S. Fraise
S-3233 S.F. 178 Stewart E. Iverson, Jr.
S-3234 S.F. 400 Donald R. Redfern
S-3235 S.F. 360 Berl E. Priebe
S-3236 S.F. 459 Larry Murphy
Eugene S. Fraise
S-3237 S.F. 422 Albert Sorensen
S-3238 S.F. 459 Jim Lind
Larry Murphy
S-3239 S.F. 459 Jim Lind
Larry Murphy
Eugene Fraise
S-3240 S.F. 459 Larry Murphy
S-3241 S.F. 459 Tony Bisignano
S-3242 S.F. 459 Eugene Fraise
S-3243 S.F. 459 Rod Halvorson
S-3244 S.F. 459 Andy McKean
Johnie Hammond
Mary Neuhauser
Brad Banks
Stewart E. Iverson, Jr.
S-3245 S.F. 459 Michael E. Gronstal
Larry Murphy
S-3246 H.F. 132 Robert Dvorsky
Derryl McLaren
Jim Lind
Larry Murphy
S-3247 S.F. 459 Rod Halvorson
Tony Bisignano
Michael E. Gronstal
S-3248 S.F. 405 Michael E. Gronstal
S-3249 S.F. 441 Elaine Szymoniak
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 6:12 p.m., until
9:00 a.m., Tuesday, March 28, 1995.
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