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Senate Journal: Monday, April 10, 1995

                           NINETY-SECOND CALENDAR DAY

                            FIFTY-FOURTH SESSION DAY

                                 Senate Chamber

                    Des Moines, Iowa, Monday, April 10, 1995



         The Senate met in regular session at 2:22 p.m., President Boswell
    presiding.

         Prayer was offered by Father Donald P. Schmitt, pastor of the St.
    Athanasuis Church, Jesup, Iowa.

         The Journal of Thursday, April 6, 1995, was approved.



                     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 April 6, 1995, passed the following bill in which the
    concurrence of the House was asked:

         Senate File 140, a bill for  an act to legalize the proceedings
    taken by the administration and board of directors of the Cedar Rapids
    Community School District concerning the sale of certain school district
    property and providing an effective date.

         ALSO: That the House has on April 6, 1995, passed the following
    bills in which the concurrence of the Senate is asked:

         House File 518, a bill for  an act relating to authorization of
    price regulation for utilities providing communications services.

         This bill was read first time and passed on file.

         House File 530, a bill for  an act relating to and making
    appropriations to the department for the blind, the Iowa state civil
    rights commission, the department of elder affairs, the Iowa department
    of public health, the department of human rights, the commission of
    veterans affairs, and the governors alliance on substance abuse.

         This bill was read first time and passed on file.



                              INTRODUCTION OF BILLS

         Senate File 469, by committee on Ways and Means, a bill for  an act
    relating to the definition of business income for purposes of the state
    corporate income tax and providing effective and applicability date
    provisions.

         Read first time and placed on Ways and Means Calendar.

         Senate File 470, by committee on Ways and Means, a bill for  an act
    relating to the imposition of a local option sales and services tax in
    certain cities located in two counties and providing an effective date.

         Read first time and placed on Ways and Means Calendar.

         Senate File 471, by committee on Ways and Means, a bill for  an act
    relating to the wagering tax on gambling games at pari-mutuel racetrack
    enclosures.

         Read first time and placed on Ways and Means Calendar.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator McKean until he arrives on request of Senator Freeman.



                           BILLS REFERRED TO COMMITTEE

         Senator Horn asked and received unanimous consent that the
    following bills on the Senate Calendar no longer eligible  under Joint
    Rule 20 be referred to committee:


         S.F.          67            Commerce
         S.F.          77            Local Government
         S.F.          194           Local Government
         S.F.          198           Local Government
         S.F.          254           Judiciary
         S.F.          259           State Government
         S.F.          283           Transportation
         S.F.          378           Transportation
         S.F.          383           Business and Labor
         S.F.          393           Education
         S.F.          415           Natural Resources, Environment and
    Energy
         S.F.          425           State Government
         S.F.          451           Judiciary
         S.F.          455           Judiciary



                           BILLS REFERRED TO COMMITTEE

         Senator Horn asked and received unanimous consent that the
    following bills on the Senate Regular Calendar be referred to committee:


         H.F.          247           Ways and Means
         H.F.          334           Appropriations
         H.F.          489           Ways and Means
         H.F.          517           Ways and Means
         H.F.          519           Agriculture



                     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:

         Paul S. Stave as a member of the Accountancy Examining Board.

         Warren G. Lawson as Adjutant General.

         Romelle H. Slaughter as Administrator of the Division on the Status
    of African-Americans.

         Denise A. Harklau as a member of the Athletic Trainer Advisory
    Board.

         Alan L. Thompson as a member of the Board of Barber Examiners.

         Frances V. Colston as a member of the Board of Corrections.
         James E. Ehmen and Jacqueline M. Parkin as members of the Board of
    Educational Examiners.

         Dr. James M. Caterine as a member of the Board of Medical
    Examiners.

         Regene L. Osborne and Richard A. Petersen as members of the Board
    of Nursing Examiners.

         Jay J. Cayner as a member of the Board of Pharmacy Examiners.

         Diana R. Brower as a member of the Board of Physical and
    Occupational Therapy Examiners.

         Patricia A. Banwart as a member of the Board of Physician Assistant
    Examiners.

         Dr. William W. Gronen as a member of the Board of Podiatry
    Examiners.

         Alan K. Heidecker as a member of the Board of Speech Pathology and
    Audiology Examiners.

         Polly A. Adam and Marvin W. Tuttle as members of the Commission on
    the Deaf.

         Gerald D. Bair as Director of Revenue and Finance.

         Dwayne C. Garber and Anne W. McKeown as members of the Engineering
    and Land Surveying Examining Board.

         Margaret P. Borgen as a member of the First in the Nation in
    Education Foundation Governing Board.

         Richard P. Tekippe as a member of the Indigent Defense Advisory
    Commission.

         Jacklyn K. Van Ekeren as a member of the Iowa Petroleum Underground
    Storage Tank Fund Board.

         Elaine A. Pfalzgraf as a member of the Iowa Council on Human
    Investment.

         James W. Balmer, Darwin T. Lynner, Jr. and Roosevelt Taylor as
    members of the Iowa Finance Authority.
         Terry W. Evans as a member of the Iowa Grain Indemnity Fund Board.

         Sally M. ODonnell as a member of the Iowa State Civil Rights
    Commission.

         Alfred C. Bohling, Jr. as a member of the Landscape Architectural
    Examining Board.

         Gary L. Gansemer and Barbara J. Lips as members of the Mental
    Health and Developmental Disabilities Commission.

         Earl L. Howard as a member of the Respiratory Care Advisory
    Committee.

         Ellengray G. Kennedy as a member of the State Board of Regents.

         Gayle M. Vogel as a member of the State Board of Tax Review.

         Mary Ann B. Drish 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      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         Murphy        Neuhauser     Palmer        Priebe
         Redfern       Rensink       Rife          Rittmer
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, none.
    Absent or not voting, 1:

    92nd Day MONDAY, APRIL 10, 1995 1089

         McLaren

         The appointees having received a two-thirds vote were declared to
    have been confirmed by the Senate.



                          MOTION TO RECONSIDER ADOPTED

         Senator Husak called up the motion to reconsider Senate File 180
    filed by him on April 3, 1995, found on page 1020 of the Senate Journal
    and moved its adoption.

         On the question Shall the motion to reconsider be adopted? (S.F.
    180) the vote was:

    Ayes, 39:


         Banks         Bartz         Boettger      Borlaug
         Boswell       Connolly      Dearden       Deluhery
         Douglas       Drake         Dvorsky       Fink
         Flynn         Fraise        Freeman       Gettings
         Giannetto     Gronstal      Halvorson     Hammond
         Hansen        Hedge         Horn          Husak
         Iverson       Jensen        Judge         Kibbie
         Lind          Lundby        Murphy        Neuhauser
         Palmer        Redfern       Rensink       Sorensen
         Szymoniak     Vilsack       Zieman

    Nays, 10:

         Bennett       Bisignano     Black         Kramer
         Maddox        McKean        Priebe        Rife
         Rittmer       Tinsman

    Absent or not voting, 1:

         McLaren

         The motion prevailed.

         Senator Husak moved to reconsider the vote by which Senate File 180
    went to its last reading, which motion prevailed by a voice vote.
    Senate File 180

         On motion of Senator Sorensen, Senate File 180, a bill for an act
    relating to the determination of the annual salary of a deputy sheriff,
    was taken up for reconsideration.

         Senator Rittmer asked and received unanimous consent that action on
    Senate File 180 be deferred.



                             CONSIDERATION OF BILLS

                               (Regular Calendar)

    House File 277

         On motion of Senator Boettger, House File 277, a bill for an act
    concerning health care coverage availability to unemployed individuals,
    with report of committee recommending passage, was taken up for
    consideration.

         Senator Boettger moved that the bill be read the last time now and
    placed upon its passage, which motion prevailed by a voice vote, and the
    bill was read the last time.

         On the question Shall the bill pass? (H.F. 277) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.
    House File 118

         On motion of Senator Vilsack, House File 118, a bill for an act
    relating to compensation of volunteer fire fighters when subpoenaed as
    witnesses, with report of committee recommending passage, 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? (H.F. 118) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 238

         On motion of Senator Deluhery, House File 238, a bill for an act
    relating to the joint purchase of group health benefits by multiple
    school districts or area education agencies pursuant to an
    intergovernmental agreement, with report of committee recommending
    passage, was taken up for consideration.

         Senator Deluhery 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? (H.F. 238) the vote was:
    Ayes, 49:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, none.

    Absent or not voting, 1:

         Rittmer

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 337

         On motion of Senator Szymoniak, House File 337, a bill for an act
    to amend the criteria and procedures necessary to establish that a
    person is seriously mentally impaired for purposes of involuntary
    hospitalization, with report of committee recommending passage, was
    taken up for consideration.

         Senator Szymoniak asked and received unanimous consent that action
    on House File 337 be deferred.

    House File 387

         On motion of Senator Connolly, House File 387, a bill for an act
    relating to the appointment of the student member to the state board of
    regents, reducing the student members term, and providing implementation
    and transition provisions, with report of committee recommending
    passage, was taken up for consideration.

         Senator Lind offered amendment S-3374 filed by him from the floor
    to pages 1 and 2 of the bill.
         Senator Connolly raised the point of order that amendment S-3374
    was not germane to the bill.

         The Chair ruled the point not well taken and amendment S-3374 in
    order.

         Senator Lind moved the adoption of amendment S-3374.

         A non record roll call was requested.

         The ayes were 30, nays 12.

         Amendment S-3374 was adopted.

         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? (H.F. 387) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 425

         On motion of Senator Gronstal, House File 425, a bill for an act
    repealing air toxics fees, with report of committee recommending
    passage, 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? (H.F. 425) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 475

         On motion of Senator Gronstal, House File 475, a bill for an act
    relating to the state archivists office, with report of committee
    recommending passage, 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? (H.F. 475) the vote was:

    Ayes, 49:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Palmer        Priebe
         Redfern       Rensink       Rife          Rittmer
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, none.

    Absent or not voting, 1:

         Neuhauser

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 483

         On motion of Senator Vilsak, 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, with report of committee recommending amendment and
    passage was taken up for consideration.

         Senator Szymoniak offered amendment S-3362 filed by the committee
    on Human Resources on April 5, 1995, to pages 2 and 8 of the bill and
    moved its adoption.

         Amendment S-3362 was adopted by a voice vote.

         Senator Vilsack moved that the bill be read the last time now and
    placed upon its passage, which motion prevailed by a voice vote, and the
    bill was read the last time.

         On the question Shall the bill pass? (H.F. 483) the vote was:

    Ayes, 49:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Flynn         Fraise
         Freeman       Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Hedge
         Horn          Husak         Iverson       Jensen
         Judge         Kibbie        Kramer        Lind
         Lundby        Maddox        McKean        McLaren
         Murphy        Neuhauser     Palmer        Priebe
         Redfern       Rensink       Rife          Rittmer
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, none.

    Absent or not voting, 1:

         Connolly

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                           BILLS REFERRED TO COMMITTEE

         Senator Horn asked and received unanimous consent that the
    following bills on the Senate Calendar no longer eligible  under Joint
    Rule 20 be referred to committee:


         S.F.          64            State Government
         S.F.          108           Judiciary
         S.F.          127           Rules and Administration
         S.F.          188           Business and Labor
         S.F.          196           Business and Labor
         S.F.          243           Transportation
         S.F.          299           State Government
         S.F.          334           Agriculture
         S.F.          405           Natural Resources, Environ. & Energy
         S.F.          421           Commerce
         S.F.          426           State Government
         S.F.          430           Human Resources
         S.F.          434           Ethics
         S.F.          456           Local Government



                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration Senate Concurrent Resolution 26.
    Senate Concurrent Resolution 26

         On motion of Senator Giannetto, Senate Concurrent Resolution 26, a
    concurrent resolution urging the Congress of the United States to allow
    retired members of the United States Armed Forces who have a
    service-connected disability to concurrently receive retired pay and
    disability compensation, was taken up for consideration.

         Senator Giannetto moved the adoption of Senate Concurrent
    Resolution 26, which motion prevailed by a voice vote.



                             CONSIDERATION OF BILLS

                               (Regular Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration House Files 115, 128, 212, 289, 303, 406, 456 and 504.

    House File 115

         On motion of Senator Douglas, House File 115, a bill for an act
    relating to rest areas by permitting refreshments during holiday periods
    and concerning the promotion of Iowa agricultural products, with report
    of committee recommending passage, was taken up for consideration.

         Senator Douglas 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? (H.F. 115) the vote was:

    Ayes, 49:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rittmer
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, none.

    Absent or not voting, 1:

         Rife

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 128

         On motion of Senator Fraise, House File 128, a bill for an act
    relating to administrative procedures of rural water districts, with
    report of committee recommending passage, was taken up for
    consideration.

         Senator Sorensen offered amendment S-3358 filed by him on April 5,
    1995, to page 1 and the title page of the bill and moved its adoption.

         Amendment S-3358 was adopted by a voice vote.

         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? (H.F. 128) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman
    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.

    House File 212

         On motion of Senator Black, House File 212, a bill for an act
    relating to the delegation of authority to an administrative agency of a
    city, with report of committee recommending passage, was taken up for
    consideration.

         Senator Black 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? (H.F. 212) the vote was:

    Ayes, 49:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack

    Nays, 1:

         Zieman

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 289

         On motion of Senator Gronstal, House File 289, a bill for an act
    relating to solid waste tonnage fees, with report of committee
    recommending amendment and passage, was taken up for consideration.
         Senator Gronstal offered amendment S-3364 filed by the committee on
    Natural Resources on April 6, 1995, to page 3 of the bill and moved its
    adoption.

         Amendment S-3364 was adopted by a voice vote.

         President pro tempore Bisignano took the chair at 4:20 p.m.

         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? (H.F. 289) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 303

         On motion of Senator Gronstal, House File 303, a bill for an act
    relating to pipelines and underground storage of hazardous liquids, and
    providing penalties and effective and retroactive applicability date
    provisions, with report of committee recommending amendment and passage,
    was taken up for consideration.

         Senator Gronstal offered amendment S-3365 filed by the committee on
    Natural Resources, on April 6, 1995, to pages 13, 19 and 37 of the bill.
         Senator Gronstal asked and received unanimous consent that action
    on amendment S-3365 and House File 303 be deferred.

    House File 406

         On motion of Senator Halvorson, 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,
    with report of committee recommending passage, was taken up for
    consideration.

         Senator Halvorson moved that the bill be read the last time now and
    placed upon its passage, which motion prevailed by a voice vote, and the
    bill was read the last time.

         On the question Shall the bill pass? (H.F. 406) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 456

         On motion of Senator Husak, House File 456, a bill for an act
    relating to grain transactions, by providing for credit-sale contracts,
    with report of committee recommending passage, was taken up for
    consideration.
         Senator Husak 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? (H.F. 456) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    House File 504

         On motion of Senator Gettings, House File 504, a bill for an act
    relating to a motor vehicle owners liability for damages caused by the
    driver, with report of committee recommending amendment and passage, was
    taken up for consideration.

         Senator Gettings offered amendment S-3368 filed by the committee on
    Transportation on April 6, 1995, to page 1 of the bill and moved its
    adoption.

         Amendment S-3368 was adopted by a voice vote.

         Senator Gettings moved that the bill be read the last time now and
    placed upon its passage, which motion prevailed by a voice vote, and the
    bill was read the last time.

         On the question Shall the bill pass? (H.F. 504) the vote was:
    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that House Files
    277, 118, 238, 387, 425, 475, 483, 115, 128, 212, 289, 406, 456, 504 and
    Senate Concurrent Resolution 26 be immediately messaged to the House.



                             HOUSE MESSAGES RECEIVED

         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 April 10, 1995, passed the following bills in which the
    concurrence of the House was asked:

         Senate File 157, a bill for  an act relating to solid waste by
    eliminating the polystyrene ban and providing an effective date.

         Senate File 207, a bill for  an act relating to the distribution
    and sale of beer, providing for the regulation of brewer and wholesaler
    agreements, prohibiting certain conduct, providing for the transfer of
    business assets, providing judicial remedies, specifying applicability,
    and providing for other properly related matters.
         Senate File 280, a bill for  an act authorizing townships to
    provide emergency medical services.

         ALSO: That the House has on April 10, 1995, amended and passed the
    following bills in which the concurrence of the Senate is asked:

         Senate File 94, a bill for  an act relating to reciprocal license
    fees for nonresident real estate brokers and salespersons (S-3378).

         Senate File 117, a bill for  an act adopting a new uniform
    anatomical gift Act and providing a penalty (S-3375).

         Senate File 118, a bill for  an act relating to the development and
    implementation of a coordinated statewide trauma care delivery system
    and providing penalties and immunity from liability (S-3379).

         Senate File 278, a bill for  an act providing that animals
    classified as ostriches, rheas, and emus are considered livestock
    (S-3380).



                              INTRODUCTION OF BILL

         Senate File 472, by committee on Ways and Means, a bill for  an act
    relating to the local option sales and services tax by authorizing
    political subdivisions that will receive revenues from the tax to issue
    bonds in anticipation of the receipt of the revenues and providing an
    effective date.

         Read first time and placed on Ways and Means Calendar.
                                    APPENDIX



                          REPORTS OF COMMITTEE MEETINGS

    AGRICULTURE

    Convened: April 6, 1995, 8:00 a.m.

    Members Present: Priebe, Chair; Judge, Vice Chair;  Banks, Boswell,
    Douglas, Fraise, Giannetto, Hedge, Husak, McLaren, Palmer, Sorensen and
    Zieman.

    Members Absent: Bartz, Ranking Member (excused) and Black.

    Committee Business: Recommended passage of House Files 519 and 456.

    Adjourned: 8:56 a.m.



    BUSINESS AND LABOR

    Convened: April 6, 1995, 9:56 a.m.

    Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking
    Member; Connolly, Dvorsky, Giannetto, Hammond, Iverson and Maddox.

    Members Absent: Banks (excused).

    Committee Business: Assigned bill to subcommittee; recommended passage
    of House File 258 as amended.

    Adjourned: 10:07 a.m.



    COMMERCE

    Convened: April 6, 1995, 3:18 p.m.

    Members Present: Deluhery, Chair; Jensen, Ranking Member; Bisignano,
    Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby,
    Priebe and Redfern.

    Members Absent: Hansen, Vice Chair (excused) and Palmer.

    Committee Business: Recommended passage of House File 520; amended House
    File 126 and the bill without recommendation.

    Adjourned: 3:37 p.m.
    COMMERCE

    Convened: April 6, 1995, 4:21 p.m.

    Members Present: Deluhery, Chair; Jensen, Ranking Member; Bisignano,
    Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby,
    Palmer, Priebe and Redfern.

    Members Absent: Hansen, Vice Chair (excused).

    Committee Business: Recommended passage of House File 486 as amended.

    Adjourned: 4:30 p.m.



    COMMUNICATIONS AND INFORMATION POLICY

    Convened: April 6, 1995, 8:25 a.m.

    Members Present: Dvorsky, Chair; McLaren, Ranking Member; Flynn, Hansen,
    Jensen and Redfern.

    Members Absent: Deluhery, Vice Chair (excused).

    Committee Business: Assigned bills to subcommittees; presentations by
    the president of the Iowa league of women voters and the director of the
    Davenport public library.

    Adjourned: 11:04 a.m.



    EDUCATION

    Convened: April 6, 1995, 8:55 a.m.

    Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
    Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind, Murphy,
    Neuhauser, Rensink and Tinsman.

    Members Absent: Szymoniak (excused).

    Committee Business: Discussed House File 334.

    Adjourned: 9:02 a.m.

    Reconvened: April 6, 1995, 9:29 a.m.
    Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
    Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind, Murphy,
    Neuhauser, Rensink and Tinsman.

    Members Absent: Szymoniak (excused).

    Committee Business: Assigned bills to subcommittees; recommended passage
    of House File 334 as amended.

    Adjourned: 9:46 a.m.



    JUDICIARY

    Convened: April 6, 1995, 11:30 a.m.

    Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
    Member; Boettger, Halvorson, Hammond, Hansen and Maddox.

    Members Absent: Bartz, Bisignano, Drake, Fraise, Neuahuser, Redfern and
    Szymoniak (all excused).

    Committee Business: Placed House File 94 on the calendar without
    recommendation.

    Adjourned: 11:45 a.m.



    LOCAL GOVERNMENT

    Convened: April 6, 1995, 3:20 p.m.

    Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
    Member; Black, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman.

    Members Absent: none.

    Committee Business: Assigned bill to subcommittee; recommended passage
    of House Files 128, 428, 406, 470, 489 and 212.

    Adjourned: 3:50 p.m.



    STATE GOVERNMENT

    Convened: April 6, 1995, 2:40 p.m.

    Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
    Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Lind,
    Lundby, McLaren and Sorensen.
    Members Absent: Giannetto (excused) and Halvorson.

    Committee Business: Recommended passage of House Files 447 and 437 and
    House Joint Resolution 13.

    Recessed: 3:10 p.m.

    Reconvened: April 6, 1995, 4:20 p.m.

    Members Present: Gronstal, Chair; Kibbie, Vice Chair; Bennett,
    Bisignano, Drake, Fink, Giannetto, Halvorson, Lind and Sorensen.

    Members Absent: Rittmer, Ranking Member; Connolly, Dearden, Lundby and
    Mc Laren (all excused).

    Committee Business: Recommended passage of House File 494.

    Adjourned: 4:23 p.m.



    TRANSPORTATION

    Convened: April 6, 1995, 10:45 a.m.

    Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
    Member; Black, Dearden, Douglas, Fink, Halvorson, Jensen and Rittmer.

    Members Absent: Connolly and Lind (both excused).

    Committee Business: Recommended passage of House Files 514, 340, 517 and
    115; recommended passage of House Files 393, 504 and 460 as amended.

    Adjourned: 11:11 a.m.



                                    PETITIONS

         The following petitions were presented and placed on file by:

         Senator Husak from 182 residents of Benton, Black Hawk, Iowa and
    Tama Counties favoring legislation to enact stronger laws concerning
    branding and brand inspections, including inspections of brands at all
    livestock and horse sales/auctions.

         Senator McLaren from 63 residents of Montgomery County favoring
    issuance of motor vehicle licenses by county treasurers.

         Senator Palmer from 45 residents of Polk County favoring
    reestablishing funding for the Older Iowans Legislature.
                            PRESENTATION OF VISITORS

         Senator Dearden presented Dr. Li Xiaotao and Nurse Yan Ying from
    Hebei People Hospital, Shijiazhung, Hebei, China. They will be working
    at Mercy Medical Center until July, 1995.

         Senator Kramer presented the following group of journalists from
    seven counties of the former Soviet Union:

         Alexander Pukemov, Usbekistan; Kainar Olzhayev, Kazakhstan; Victor
    Verk, Kazakhstan; Mikhail Ustyugov, Kazakhstan; Miriam Marvtyunian,
    Armenia; Vasile Grozavv, Moldova; Anatol Barbei, Moldova; Alexander
    Sambrus, Ukraine and Victor Malikov, Ukraine.

         The Chair welcomed the following visitors who were present in the
    Senate gallery:

         Forty students from the Iowa Podiatric Medical College. Senator
    Szymoniak.



                         COMMUNICATION FROM THE GOVERNOR

         The following communication from the governor was presented:

                                                                 April 7, 1995

    Mr. John Dwyer

    Secretary of the Senate

    State Capitol Building

    L O C A L

    Dear Mr. Dwyer:

         Due to the resignation of Judge Carlynn D. Grupp from the Indigent
    Defense Advisory Commission, her name is hereby withdrawn from
    consideration by the Senate.

         This position is deferred at this time until an appropriate
    candidate can be found.

    Sincerely, TERRY E. BRANSTAD Governor
                              STUDY BILLS RECEIVED

    SSB 360
         Ways and Means

         Relating to the state franchise tax imposed on financial
    institutions by disallowing the deduction for expenses related to a
    financial institutions investment in investment subsidiaries and
    providing effective and applicability dates.

    SSB 361
         Ways and Means

         Providing for technology for classrooms for the twenty-first
    century and making an appropriations.



                            SUBCOMMITTEE ASSIGNMENTS

                                 Senate File 415

    NATURAL RESOURCES, ENVIRONMENT & ENERGY: Fink, Chair; Black and Lundby.

                                 House File 177

    NATURAL RESOURCES, ENVIRONMENT & ENERGY: Fink, Chair; Black and Lundby.

                                 House File 486

    COMMERCE: Deluhery, Chair; Gettings and Hedge

                                 House File 494

    STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer



                           BILL ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bill to
    committee:


         H.F.          530           Appropriations



                                COMMITTEE REPORTS

    COMMERCE

    Final Bill Action: HOUSE FILE 486, a bill for  an act relating to the
    regulation of cemetery operators and the regulation of perpetual care
    cemeteries and nonperpetual care cemeteries, establishing requirements
    related to the sale of preneed funeral contracts and the sale of funeral
    and cemetery merchandise, establishing fees and use of those fees, and
    providing penalties.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3376.

    Final Vote: Ayes, 13: Deluhery, Jensen, Bisignano, Douglas, Flynn,
    Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer, Priebe and
    Redfern. Nays, 1: Lundby. Absent or not voting, 1: Hansen.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    TRANSPORTATION

    Final Bill Action: SENATE CONCURRENT RESOLUTION 10, a concurrent
    resolution relating to border city trucking agreements.

    Recommendation: DO PASS.

    Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    WAYS AND MEANS

    Final Bill Action: SENATE FILE 469 (SSB 343.1), a bill for an act
    relating to the definition of business income for purposes of the state
    corporate income tax and providing effective and applicabiity date
    provisions.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 11: Palmer, Husak, Bennett, Drake, Freeman, Hedge,
    Iverson, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Absent or
    not voting, 4: Connolly, Deluhery, McLaren and Murphy.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 470 (SSB 359), a bill for an act relating
    to the imposition of a local option sales and services tax in certain
    cities located in two counties and providing an effective date.

    Recommendation: APPROVED COMMITTEE BILL.
    Final Vote: Ayes, 14: Palmer, Husak, Bennett, Connolly, Drake, Freeman,
    Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and
    Vilsack. Nays, none. Absent or not voting, 1: Deluhery.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: SENATE FILE 471 (SSB 142), a bill for an act relating
    to the wagering tax on gambling games at pari-mutuel racetrack
    enclosures.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 10: Palmer, Husak, Drake, Freeman, Hedge, Iverson,
    Neuhauser, Priebe, Szymoniak and Vilsack. Nays, 1: Bennett. Absent or
    not voting, 4: Connolly, Deluhery, McLaren and Murphy.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: *SENATE FILE 472  (SSB 353), a bill for an act
    relating to the local option sales and services tax by authorizing
    political subdivisions that will receive revenues from the tax to issue
    bonds in anticipation of the receipt of the revenues and providing an
    effective date.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 14: Palmer, Husak, Bennett, Connolly, Drake, Freeman,
    Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and
    Vilsack. Nays, none. Absent or not voting, 1: Deluhery.

    Fiscal Note: REQUIRED UNDER JOINT RULE 17.

         *Pursuant to Senate Rule 40, the Legislative Service Bureau
    reported nonsubstantive changes to the members of the Ways and Means
    Committee on Senate File 472 and they were attached to the committee
    report.



                                AMENDMENTS FILED


         S-3374        H.F.          387           Jim Lind
         S-3375        S.F.          117           House amendment
         S-3376        H.F.          486           Commerce
         S-3377        H.F.          514           Bill Fink
         S-3378        S.F.          94            House amendment
         S-3379        S.F.          118           House amendment
         S-3380        S.F.          278           House amendment
         S-3381        H.F.          246           Tom Vilsack



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 4:40 p.m., until
    9:00 a.m., Tuesday, April 11, 1995.

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