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SEVENTY-NINTH CALENDAR DAY
FORTY-SEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, March 28, 1995
The Senate met in regular session at 9:06 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Gary Roozeboom, pastor of the
First Reformed Church, Sheldon, Iowa.
The Journal of Monday, March 27, 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 27, 1995, passed the following bills in which the
concurrence of the Senate is asked:
House File 135, a bill for an act relating to obscenity, by
providing for restrictions on public indecent exposure in certain
establishments and by providing for the abatement of the nuisance
created by certain establishments concerning obscenity, and providing an
effective date.
This bill was read first time and passed on file.
House File 394, a bill for an act relating to the statute of
limitations for medical malpractice actions regarding minors under six
years of age.
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 43 present, 7 absent and a quorum present.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 282
On motion of Senator Dvorsky, Senate File 282, a bill for an act
relating to child abuse investigations by prohibiting release of the
identity of a reporter of child abuse, with report of committee
recommending passage, was taken up for consideration.
Senator Dvorsky 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. 282) 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 208
On motion of Senator Szymoniak, Senate File 208, a bill for an act
relating to child abuse and termination of parental rights provisions,
and providing an effective date, was taken up for consideration.
Senator Szymoniak offered amendment S-3106 filed by her on March 8,
1995, to pages 1-4, 6 and 7 of the bill.
Senator Szymoniak offered amendment S-3192 filed by her on March
22, 1995, to amendment S-3106 and moved its adoption.
Amendment S-3192 was adopted by a voice vote.
Senator Szymoniak moved the adoption of amendment S-3106 as
amended, which motion prevailed by a voice vote.
Senator Szymoniak moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 208) 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 436
On motion of Senator Vilsack, Senate File 436, a bill for an act
relating to the child abuse registry by providing access for purposes of
certifying sex offender treatment providers, for certain publicly
operated facilities or programs, and for certain purposes of public
employers, was taken up for consideration.
Senator Vilsack moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 436) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
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, 2:
Black 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
208, 282 and 436 be immediately messaged to the House.
RECESS
On motion of Senator Horn, the Senate recessed at 10:02 a.m., until
1:45 p.m.
APPENDIX
COMPANION BILLS RECEIVED
House files were attached to companion Senate files on the Senate
calendar as follows:
H.F. 185 companion S.F. 18 3-23-95
H.F. 505 companion S.F. 441 3-27-95
REPORTS OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
engrossing Senate File 208, the following corrections were made:
1. Page 8, line 9, the word and number section 4 were changed to
the word and number section 5.
2. Page 8, line 15, the word and number Section 7 were changed to
the word and number Section 8.
ALSO: That in engrossing Senate File 459, the following corrections
were made:
1. Page 32, line 16, the word and number section 25 were changed to
the word and number section 27.
2. Page 32, line 20, the word and number Section 26 were changed to
the word and number Section 28.
3. Page 32, line 23, the word and number Section 1000 were changed
to the word and number Section 21.
JOHN F. DWYER Secretary of the Senate
SUBCOMMITTEE ASSIGNMENTS
Senate File 339
HUMAN RESOURCES: Hammond, Chair; Bartz and Vilsack
Senate File 461
WAYS AND MEANS: Murphy, Chair; Bennett and Deluhery
Senate File 449
HUMAN RESOURCES: Szymoniak, Chair; Kramer and Neuhauser
House File 36
NATURAL RESOURCES: Gronstal, Chair; Freeman and Judge
House File 203
STATE GOVERNMENT: Giannetto, Chair; Drake and Kibbie
House File 303
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Gronstal, Chair; Lundby and
Priebe
House File 420
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Gronstal, Chair; Black and
Rensink
AFTERNOON SESSION
The Senate reconvened at 1:50 p.m., President Boswell presiding.
COMMITTEE FROM THE HOUSE
A committee from the House appeared and announced that the House
was ready to receive the Senate in joint convention.
Senator Horn moved that the Senate proceed to the House Chamber in
accordance with House Concurrent Resolution 20 in columns of two led by
the Secretary of the Senate and the Sergeant-at-arms.
JOINT CONVENTION
PIONEER LAWMAKERS
Fifty-Third Biennial Session
House Chamber 1:57 p.m.
In accordance with House Concurrent Resolution 20, the joint
convention was called to order, President Boswell presiding.
President Boswell declared a quorum present and the joint
convention duly organized.
Senator Horn moved that a committee of four be appointed to escort
the Pioneer Lawmakers into the House Chamber.
The motion prevailed by a voice vote and the President appointed as
such committee Senators Fink and Rensink and Representatives Renken and
Connors.
The committee escorted the Pioneer Lawmakers to seats in the House
Chamber.
President Boswell presented the Honorable Tony Bisignano, President
pro tempore of the Senate, who welcomed the Pioneer Lawmakers on behalf
of the Senate.
President Boswell presented the Honorable Harold Van Maanen,
Speaker pro tempore of the House of Representatives, who welcomed the
Pioneer Lawmakers on behalf of the House of Representatives.
President Boswell presented the Honorable Minnette Doderer, member
of the House of Representatives, who responeded to the welcome.
Representative Doderer announced the 1975-1976 class of legislators
who were eligible to become members of the Pioneer Lawmakers, and that
Charles Wasker and Richard Berglund, lobbyists from Des Moines, were
awarded honorary memberships in the Pioneer Lawmakers Association.
Representative Doderer presented Michael G. Gartner, Editor and
co-owner of the Ames Daily Tribune, who addressed the joint convention.
Representative Gipp moved that the joint convention be dissolved at
2:32 p.m.
The motion prevailed by a voice vote.
The Senate returned to the Senate Chamber and resumed regular
session at 2:41 p.m., President Boswell presiding.
RECESS
On motion of Senator Fraise, the Senate recessed at 2:42 p.m.,
until 3:30 p.m.
RECONVENED
The Senate reconvened at 3:37 p.m., President Boswell presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 44 present, 6 absent and a quorum present.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
203 be referred from the Regular Calendar to the committee on Small
Business, Economic Development, and Tourism.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 433
On motion of Senator Szymoniak, Senate File 433, a bill for an act
relating to the family investment program and related human services
programs by requiring the department of human services to apply for a
federal waiver regarding limited benefit plans and providing
applicability provisions, with report of committee without
recommendation, was taken up for consideration.
Senator Szymoniak offered amendment S-3230 filed by her on March
27, 1995, to pages 1-9 of the bill and moved its adoption.
Amendment S-3230 was adopted by a voice vote.
Senator Szymoniak moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 433) the vote was:
Ayes, 47:
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
Neuhauser Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 3:
Borlaug Murphy Palmer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate Joint Resolution 13
On motion of Senator Kibbie, Senate Joint Resolution 13, a joint
resolution proposing an amendment to the Constitution of the State of
Iowa abolishing the perpetual school support fund, with reports of
committee on Education and State Government recommending passage, was
taken up for consideration.
Senator Kibbie moved that the resolution be read the last time now
and placed upon its passage, which motion prevailed by a voice vote, and
the resolution was read the last time.
Senate Joint Resolution 13, a joint resolution proposing an
amendment to the Constitution of the State of Iowa abolishing the
perpetual school support fund.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. The following amendment to the Constitution of the
State of Iowa is proposed:
Section 3, of subdivision 2 entitled School Funds and School Lands,
of Article IX of the Constitution of the State of Iowa, is repealed.
Sec. 2. The foregoing amendment to the Constitution of the State
of Iowa is referred to the General Assembly to be chosen at the next
general election for members of the General Assembly and the Secretary
of State is directed to cause it to be published for three consecutive
months before the date of that election as provided by law.
On the question Shall the resolution pass? (S.J.R. 13) the vote
was:
Yeas, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Judge
Kibbie Murphy Neuhauser Palmer
Priebe Rensink Sorensen Vilsack
Nays, 21:
Banks Bartz Bennett Boettger
Douglas Drake Freeman Iverson
Jensen Kramer Lind Lundby
Maddox McKean McLaren Redfern
Rife Rittmer Szymoniak Tinsman
Zieman
Absent or not voting, 1:
Borlaug
The resolution having received a constitutional majority was
declared to have passed the Senate and the title was agreed to.
Senate File 388
On motion of Senator Neuhauser, Senate File 388, a bill for an act
relating to child development assistance, was taken up for
consideration.
Senator Neuhauser moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 388) 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 389
On motion of Senator Connolly, Senate File 389, a bill for an act
providing for technology for classrooms for the twenty-first century,
was taken up for consideration.
Senator Dvorsky offered amendment S-3253 filed by Senators Dvorsky
and Redfern from the floor to page 2 of the bill and moved its adoption.
Amendment S-3253 was adopted by a voice vote.
Senator Maddox asked and received unanimous consent that action on
Senate File 389 be deferred.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
418 and attached House File 471 be referred from the Regular Calendar
to the committee on Judiciary.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 83
On motion of Senator Connolly, Senate File 83, a bill for an act
extending for an additional budget year the regular program district
cost guarantee for school districts, was taken up for consideration.
Senator Connolly offered amendment S-3264 filed by him from the
floor to strike everything after the enacting clause and to the title
page of the bill and moved its adoption.
Amendment S-3264 was adopted by a voice vote.
With the adoption of amendment S-3264, the Chair ruled the
following amendments out of order:
S-3047 filed by Senator Iverson on February 8, 1995, to page 1 and
the title page of the bill.
S-3057 filed by Senator Iverson on February 14, 1995, to page 1 and
the title page of the bill.
S-3071 filed by Senator Iverson on February 21, 1995, to amendment
S-3057.
S-3252 filed by Senator Connolly from the floor to strike
everything after the enacting clause and to the title page of the bill.
Senator Connolly moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 83) the vote was:
Ayes, 47:
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 Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Vilsack Zieman
Nays, 2:
Kramer Tinsman
Absent or not voting, 1:
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senate File 406
On motion of Senator Murphy, Senate File 406, a bill for an act
extending the periods in which an accredited nonpublic school may apply
to the department of education to waive the requirement that the school
provide an articulated sequential elementary-secondary guidance program
and the requirement that the school provide a media services program,
was taken up for consideration.
Senator Connolly offered amendment S-3183 filed by him on March 22,
1995, to page 1 and the title page of the bill and moved its adoption.
Amendment S-3183 was adopted by a voice vote.
Senator Murphy 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. 406) 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 as amended was agreed to.
Senate File 431
On motion of Senator Neuhauser, Senate File 431, a bill for an act
relating to child support collection, including the establishment of the
amount of child support required by certain parents who are nineteen
years of age or younger, provisions relating to the suspension,
revocation, nonissuance, and nonrenewal of certain licenses for failure
to pay support, and implementation provisions, was taken up for
consideration.
Senator Judge took the chair at 5:01 p.m.
Senator Neuhauser offered amendment S-3207 filed by Senators
Neuhauser and Hansen on March 23, 1995, to page 2 of the bill and moved
its adoption.
Amendment S-3207 was adopted by a voice vote.
Senator Neuhauser offered amendment S-3203 filed by her on March
23, 1995, to page 8 of the bill and moved its adoption.
Amendment S-3203 was adopted by a voice vote.
Senator Bisignano withdrew amendment S-3214 filed by him on March
23, 1995, to page 11 and the title page of the bill.
Senator Lind withdrew amendment S-3224 filed by him from the floor
on March 23, 1995, to pages 11, 12 and the title page of the bill.
Senator Lind offered amendment S-3251 filed by him from the floor
to page 11 and the title page of the bill and moved its adoption.
Amendment S-3251 was adopted by a voice vote.
Senator Bisignano offered amendment S-3222 filed by him on March
23, 1995, to page 11 and the title page of the bill and moved its
adoption.
Amendment S-3222 was adopted by a voice vote.
Senator Neuhauser moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 431) 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 as amended was agreed to.
UNFINISHED BUSINESS
(Deferred February 28, 1995)
Senate File 5
The Senate resumed consideration of Senate File 5, a bill for an
act relating to the appointment and employment of the director of the
department of education and enacting a transitional provision, deferred
February 28, 1995.
Senator Connolly moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 5) the vote was:
Ayes, 28:
Black Boswell Connolly Dearden
Deluhery Drake Dvorsky Fink
Flynn Fraise Gettings Gronstal
Hammond Hansen Horn Husak
Judge Kibbie McKean Murphy
Neuhauser Palmer Priebe Rensink
Rife Sorensen Szymoniak Vilsack
Nays, 21:
Banks Bartz Bennett Bisignano
Boettger Douglas Freeman Giannetto
Halvorson Hedge Iverson Jensen
Kramer Lind Lundby Maddox
McLaren Redfern Rittmer Tinsman
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.
President pro tempore Bisignano took the chair at 5:22 p.m.
UNFINISHED BUSINESS
(Deferred February 28, 1995)
Senate File 10
The Senate resumed consideration of Senate File 10, a bill for an
act relating to the appointment and senate confirmation of the executive
director of the office of the state board of regents and providing an
effective date, deferred February 28, 1995.
Senator Rife offered amendment S-3135 filed by him on March 20,
1995, to page 1 of the bill, moved its adoption, and requested a record
roll call.
On the question Shall amendment S-3135 be adopted? (S.F. 10) the
vote was:
Ayes, 24:
Banks Bartz Bennett Boettger
Deluhery Douglas Drake Freeman
Halvorson Hedge Iverson Jensen
Kramer Lind Lundby Maddox
McKean McLaren Redfern Rensink
Rife Rittmer Tinsman Zieman
Nays, 25:
Bisignano Black Boswell Connolly
Dearden Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Hammond Hansen Horn Husak
Judge Kibbie Murphy Neuhauser
Palmer Priebe Sorensen Szymoniak
Vilsack
Absent or not voting, 1:
Borlaug
Amendment S-3135 lost.
Senator Rife withdrew amendment S-3268 filed by him from the floor
to page 1 of the bill.
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. 10) the vote was:
Ayes, 38:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Kramer Lind
Lundby Maddox McKean Palmer
Priebe Rensink Sorensen Szymoniak
Tinsman Vilsack
Nays, 11:
Banks Hedge Iverson Jensen
McLaren Murphy Neuhauser Redfern
Rife Rittmer Zieman
Absent or not voting, 1:
79th Day TUESDAY, MARCH 28, 1995 915
Borlaug
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that Senate File
10 be immediately messaged to the House.
BUSINESS PENDING
Senate File 389
The Senate resumed consideration of Senate File 389, a bill for an
act providing for classrooms for the twenty-first century, previously
deferred.
Senator Maddox offered amendment S-3269 filed by Senators Maddox
and Connolly on March 28, 1995, to page 3 of the bill and moved its
adoption.
Amendment S-3269 was adopted by a voice vote.
Senator Connolly moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 389) the vote was:
Ayes, 37:
Bartz Bisignano Black Boswell
Connolly Dearden Deluhery Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Jensen Judge Kibbie Kramer
Lind Lundby Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rittmer Sorensen Szymoniak Tinsman
Vilsack
Nays, 12:
Banks Bennett Boettger Douglas
Freeman Hedge Iverson Maddox
McKean McLaren Rife 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.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
83, 433, 388, 431, 406, 389 and Senate Joint Resolution 13 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 28, 1995, passed the following bills in which the
concurrence of the Senate is asked:
House File 118, a bill for an act relating to compensation of
volunteer fire fighters when subpoenaed as witnesses.
This bill was read first time and passed on file.
House File 406, a bill for an act relating to the investment of
the proceeds of bond issues and other evidences of indebtedness and the
use of earnings from the investment.
This bill was read first time and passed on file.
APPENDIX
COMMITTEE REPORTS
HUMAN RESOURCES
Final Bill Action: HOUSE FILE 277, a bill for an act concerning health
care coverage availability to unemployed individuals.
Recommendation: DO PASS.
Final Vote: Ayes, 6: Szymoniak, Hammond, Boettger, Bartz, Neuhauser and
Vilsack. Nays, none. Absent or not voting, 4: Dvorksy, Hansen, Kramer
and Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: SENATE FILE 101, a bill for an act relating to bond
issuance elections and authorizing the imposition of an income surtax to
partially fund certain bonds issued by a county, city, school district,
or community college and providing for the Acts applicability.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3265.
Final Vote: Ayes, 8: Palmer, Bennett, Connolly, Deluhery, Murphy,
Neuhauser, Szymoniak and Vilsack. Nays, 5: Husak, Freeman, Hedge,
Iverson and McLaren. Absent or not voting, 2: Drake and Priebe.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 384, a bill for an act relating to
regulation of food establishments and providing for fees and penalties.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Palmer, Husak, Connolly, Deluhery, Freeman,
McLaren, Murphy, Neuhauser, Szymoniak and Vilsack. Nays, 1: Iverson.
Absent or not voting, 4: Bennett, Drake, Hedge and Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 422, a bill for an act relating to the
duties of the county recorder, by transferring certain duties of the
clerk of the district court relating to vital statistics and marriage,
by providing for fees, by providing for other property related matters,
and providing effective dates.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Palmer, Husak, Connolly, Deluhery, Freeman,
Iverson, McLaren, Murphy, Neuhauser, Szymoniak and Vilsack. Nays, none.
Absent or not voting, 4: Bennett, Drake, Hedge and Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 450, a bill for an act relating to the
imposition of an additional fee for the entering of a final decree of
dissolution of marriage and appropriating the fees to fund the displaced
homemaker program.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3263.
Final Vote: Ayes, 11: Palmer, Husak, Bennett, Connolly, Deluhery,
Freeman, Hedge, McLaren, Neuhauser, Szymoniak and Vilsack. Nays, 2:
Iverson and Murphy. Absent or not voting, 2: Drake and Priebe.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 451, a bill for an act relating to the
criminal history check requirement for noncitizens applying for permits
to carry weapons or permits to acquire handguns, the denial of
nonprofessional permits to carry weapons, the review of denials of
permits to carry weapons, and the duration of and fees charged for
permits to carry weapons.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3261.
Final Vote: Ayes, 12: Palmer, Husak, Bennett, Connolly, Deluhery,
Freeman, Hedge, Iverson, McLaren, Murphy, Szymoniak and Vilsack. Nays,
1: Neuhauser. Absent or not voting, 2: Drake and Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BILL SIGNED BY THE GOVERNOR
A communication was received announcing that on March 28, 1995, the
Governor approved and transmitted to the Secretary of State the
following bill:
SENATE FILE 460 - 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.
SUBCOMMITTEE ASSIGNMENT
Senate File 420
APPROPRIATIONS: Kibbie, Chair; Kramer and Vilsack
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
H.F. 135 Judiciary
H.F. 394 Judiciary
H.F. 483 Human Resources
H.F. 489 Local Government
EXPLANATION OF VOTE
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
March 27 when the vote was taken on Senate File 179.
Had I been present, I would have voted aye.
ELAINE SZYMONIAK
REPORTS OF STANDING COMMITTEES
(Place nominees on En Bloc Confirmation Calendar)
Pursuant to Senate Rule 59, the following committees assigned to
investigate the following governors appointments, completed their
investigations on March 28, 1995, and recommended the appointees be
confirmed:
HUMAN RESOURCES
James Smith as Administrator of the Division of Community Action
Agencies.
Donald W. Westergard as Administrator of the Division of Persons
with Disabilities.
Charlotte B. Nelson as Administrator of the Division on the Status
of Women.
Alan J. Beste, Margaret Susan Cigelman and Danny T. Foster as
members of the Athletic Trainer Advisory Board.
Mary M. Conway and Linda S. Trudeau as members of the Board of
Behavioral Science Examiners.
Mark G. Davis as a member of the Board of Physician Assistant
Examiners.
John C. Wellman as a member of the Commission for the Blind.
Bertrum Bidne as a member of the Commission of Elder Affairs.
Polly A. Adam and Marvin W. Tuttle as members of the Commission on
the Deaf.
John M. Comstock as a member of the Community Health Management
Information System Governing Board.
Dennis D. Killion, Gregg R. Narber and Dianne L. Paca as members of
the Council on Human Services.
R. Creig Slayton as Director of the Department for the Blind.
Sharon Blair, Myrna L. Langerud, Jean E. Oxley, Steven Reuter and
Beverly Zieman as members of the Mental Health and Developmental
Disabilities Commission.
Monica H. Kurtz, Jerry D. Stilwell and Carol A. Watson as members
of the Prevention of Disabilities Policy Council.
Lil M. Perry and Harriet Vande Hoef as members of the State Citizen
Foster Care Review Board.
Patricia A. Hofmaster and Dr. Harry C. Rasdal as members of the
State Health Facilities Council.
JUDICIARY
Frances V. Colston, Kenneth R. Hoefle, Jim R. Schwiesow and Allan
W. Vander Hart as members of the Board of Corrections.
Barbara Binnie as a member of the Board of Parole.
Karen L. Wall as a member of the Drug Abuse Prevention and
Education Advisory Council.
Carlynn D. Grupp, A. Patricia Houlihan and Richard P. Tekippe as
members of the Indigent Defense Advisory Commission.
Bernard L. Bidne and Sally M. ODonnell as members of the Iowa State
Civil Rights Commission.
Yale H. Jarvis, Lori Lewis and Lt. Russell C. Underwood as members
of the Narcotics Enforcement Advisory Council.
Carol A. Golden and Lee W. Holt as members of the State Judicial
Nominating Commission.
WAYS AND MEANS
Gayle N. Vogel as a member of the State Board of Tax Review.
REPORTS OF STANDING COMMITTEES
(Place nominees on Individual Confirmation Calendar)
Pursuant to Senate Rule 59, the following committees assigned to
investigate the following governors appointments, completed their
investigations on March 28, 1995, and made no recommendation:
HUMAN RESOURCES
Betty L. Grandquist as Director of the Department of Elder Affairs.
JUDICIARY
Donald Culp as a member of the State Judicial Nominating
Commission.
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which Senate File 5
passed the Senate on March 28, 1995.
JACK RIFE
COMMITTEE REPORTS
APPROPRIATIONS
Final Bill Action: SENATE FILE 420, a bill for an act establishing
school-to-work programs focusing on career pathways for students and
making an appropriation.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3270.
Final Vote: Ayes, 22: Murphy, Boswell, Lind, Banks, Bisignano, Black,
Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak,
Iverson, Judge, Kibbie, McLaren, Neuhauser, Rensink, Tinsman and
Vilsack. Nays, none. Absent or not voting, 3: Bartz, Borlaug and Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 132, a bill for an act making supplemental
appropriations for the fiscal year beginning July 1, 1994, and providing
an effective date.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3271.
Final Vote: Ayes, 23: Murphy, Boswell, Lind, Banks, Bartz, Bisignano,
Black, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond,
Husak, Iverson, Judge, Kibbie, McLaren, Neuhauser, Rensink, Tinsman and
Vilsack. Nays, none. Absent or not voting, 2: Borlaug and Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 25, by Kibbie, a concurrent resolution
urging the release of two United States citizens, including one Iowan,
from confinement in Iraq.
Read first time under Rule 28 and passed on file.
AMENDMENTS FILED
S-3250 S.F. 420 John P. Kibbie
S-3251 S.F. 431 Jim Lind
S-3252 S.F. 83 Mike Connolly
S-3253 S.F. 389 Robert Dvorsky
Donald B. Redfern
S-3254 S.F. 452 Andy McKean
S-3255 S.F. 422 Andy McKean
S-3256 S.F. 358 Andy McKean
S-3257 S.F. 358 Andy McKean
S-3258 H.F. 132 John W. Jensen
S-3259 S.F. 451 Emil J. Husak
S-3260 S.F. 427 John P. Kibbie
S-3261 S.F. 451 Ways and Means
S-3262 S.F. 181 John P. Kibbie
S-3263 S.F. 450 Ways and Means
S-3264 S.F. 83 Mike Connolly
S-3265 S.F. 101 Ways and Means
S-3266 S.F. 181 Mary Kramer
Mary A. Lundby
S-3267 H.F. 113 Dennis Black
S-3268 S.F. 10 Jack Rife
S-3269 S.F. 389 O. Gene Maddox
Mike Connolly
S-3270 S.F. 420 Appropriations
S-3271 H.F. 132 Appropriations
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:55 p.m., until
9:00 a.m., Wednesday, March 29, 1995.
JOINT MEMORIAL SERVICE
SEVENTY-SIXTH GENERAL ASSEMBLY
SENATE CHAMBER
TUESDAY, MARCH 28, 1995
7:00 p.m.
PROGRAM
SENATOR WILLIAM PALMER, PRESIDING
Amazing Grace..........John Newton
William Vens, accompanied by Senator Mary Kramer
Invocation..........Senator Wilmer Rensink
MEMORIALS - SENATE
Reading: Senator Michael W. Connolly
MEMORIALS - HOUSE
Reading: Representative C. Arthur Ollie
MEMORIALS - SENATE
Reading: Senator Berl E. Priebe
MEMORIALS - HOUSE
Reading: Representative Effie Lee Boggess
How Great Thou Art..........Stuart K. Hine
Instrumental: Senator Mary Kramer
MEMORIALS - HOUSE AND SENATE
Reading: Senator Jim Lind
Reading: Senator Michael W. Connolly
Reading: Senator Berl E. Priebe
On Eagles Wings..........Michael Joncas
Senator Merlin E. Bartz
MEMORIALS - HOUSE
Reading: Representative Kenneth Veenstra
MEMORIALS - SENATE
Reading: Senator Jim Lind
MEMORIALS - HOUSE
Reading: Representative Michael J. Cataldo
Prayer Changes Things..........May Agnew Stephens
Choir: Directed by Mary Heaton
Accompanied by Senator Mary Kramer
IN MEMORIAM
SERVED IN THE HOUSE OF REPRESENTATIVES AND SENATE
Honorable Charles Balloun (Tama County) House - 59th, 60th and
60X. (1961-196
4) Senate - 62nd, 63rd and 64th. (1967-1972)
Honorable Francis Messerly (Black Hawk County) House - 59th, 60th
and 60X. (19
61-1964) Senate - 61st, 62nd, 63rd and 64th. (1965-1972)
Honorable Charles P. Miller (Des Moines County) House - 60th, 60X,
61st, 62nd
and 63rd. (1963-1970) Senate - 64th, 65th, 66th, 67th, 67X, 68th,
69th, 69X, 70t
h, 71st, 72nd and 72X. (1971-1988)
Honorable Jack Miller (Woodbury County) House - 56th. (1955-1956)
Senate - 57t
h and 58th. (1957-1960)
Honorable Dale L. Tieden (Clayton County) House - 61st, 62nd, 63rd
and 64th. (
1965-1972) Senate - 65th, 66th, 67th, 67X, 68th, 69th, 69X, 70th,
71st, 72nd, 72
X, 73rd and 74th. (1973-1992)
SERVED IN THE HOUSE OF REPRESENTATIVES
Honorable Philip A. Davitt (Warren County) 67th, 67X and 68th.
(1977-1980)
Honorable Kenneth R. De Groot (Lyon County) 68th, 69th, 69X, 70th,
71st,
72nd,
72X, 73rd, 74th and 74X. (1979-1992)
Honorable Charles P. Distelhorst (Des Moines County) 61st and 62nd.
(1965-1968
)
Honorable Fred W. Hall (Humboldt County) 57th and 58th. (1957-1960)
Honorable Joseph G. Knock (Union County) 59th, 60th and 60X.
(1961-1964)
Honorable James I. Middleswart (Warren County ) 62nd, 63rd, 64th,
65th, 66th,
67th and 67X. (1967-1978)
Honorable Alfred Nielsen (Shelby County) 60th, 60X, 61st, 62nd,
63rd and
64th.
(1963-1972)
Honorable Carroll I. Redfern (Lee County) 61st and 62nd.
(1965-1968)
Honorable C.F. Frank Shimanek (Jones County) 48th, 49th, 50th and
50X. (1939-1
944)
Honorable Virgil E. Smith (Madison County) 52nd. (1947-1948)
Honorable Vince Steffen (Chickasaw County) 60th, 60X, 61st and
62nd. (1963-196
8)
Honorable Semor C. Tofte (Winneshiek County) 65th, 66th, 67th, 67X,
68th, 69th
, 69X and 70th. (1973-1984)
Honorable Miss Percie Van Alstine (Humboldt County) 59th, 60th and
60X. (1961-
1963)
Honorable Keith Kennedy (Linn County) 61st. (1965-1966)
SERVED IN THE SENATE
Honorable Linn Fuhrman (Buena Vista County) 72nd, 72X, (June and
October), 73r
d, 74th, 74X and 75th. (1987-1994)
Honorable George W. Gross (Woodbury County) 64th. (1971-1972)
Honorable Jacob Grimstead (Winnebago County) 55th, 56th, 57th,
58th, 59th, 60t
h and 60X. (1953-1964)
Honorable Harry G. Slife (Black Hawk County) 74th, 74X and 1st half
75th. (199
1-1993)
Honorable Edward A. Wearin (Montgomery County) 59th, 60th and 60X.
(1961-1964)
Candlelighters
Hosts
Senator Eugene Fraise Senator Patty Judge
Senator Maggie Tinsman Senator and Mrs. John P. Kibbie
Representative Donna M. Hammitt Senator and Mrs. Lyle E.
Zieman
Representative Richard E. Myers Representative and Mrs.
John H. Connors
Representative Mona Martin and Mr. Martin
Representative and Mrs. Jerry J. Welter
SENATE MEMORIAL COMMITTEE HOUSE MEMORIAL COMMITTEE
Honorable William D. Palmer, Chair Honorable Horace Daggett,
Chair
Honorable Brad Banks Honorable John H. Connors
Honorable Nancy Boettger Honorable Minnette Doderer
Honorable Berl E. Priebe Honorable Richard Vande Hoef
Piano compliments of Critchetts Piano and Organ Co., Inc., Des Moines,
Iowa
Flowers arranged by The Bloomin Greenery, Indianola, Iowa
A record roll call was requested.
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
Read first time and passed on file.
This bill was read first time and passed on file.
Boswell Bruner Carr Coleman Corning
Deluhery Dieleman Doyle Drake Fra
ise Fuhrman Gentleman Gettings Goodwin Gronstal
Hall Hannon Hester Hold
en Holt Horn Hultman Husak Hutchins
Jensen Kinley Lind Lloyd-Jones Man
n Miller, A.V. Miller, C.P. Murphy Nystrom Palmer
Peterson Priebe Readin
ger Rensink Rife Riordan Schwengels Scott
Soorholtz Sturgeon Taylor Tie
den Vande Hoef Varn Wells Welsh H.J.R.
S.J.R. S.F. H.F. S.R. H.R.
S.C
.R. H.C.R.
JOHN F. DWYER
Secretary of the Senate
Sincerely,
TERRY E. BRANSTAD
Governor
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
official seal of the Secretary (SEAL)
of State at the Capitol in Des Moines this 5th Day of January,
1987.
ELAINE BAXTER, Secretary of State
39th
Memorial
Service
Senate Chamber
Tuesday, March 28, 1995
7:00 p.m.
Leonard L. Boswell
Ron J. Corbett
Davis City Cedar Rapids
President of the Senate Speaker of the House
John F. Dwyer Elizabeth A. Isaacson
Des Moines Des Moines
Secretary of the Senate Chief Clerk of the House
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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