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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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