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Senate Journal: Monday, March 27, 1995

                           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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