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NINETY-THIRD CALENDAR DAY
FIFTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, April 11, 1995
The Senate met in regular session at 9:04 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Thomas J. Bower, pastor of the
First Presbyterian Church, Marshalltown, Iowa.
The Journal of Monday, April 10, 1995, was approved.
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, amended and passed the following bills in
which the concurrence of the Senate is asked:
Senate File 93, a bill for an act related to criminal offenses
against minors and sexually violent offenses and offenders committing
those offenses, by requiring registration by offenders, providing for
the establishment of a sex offender registry, permitting the charging of
fees, and providing penalties (S-3383).
Senate File 178, a bill for an act relating to emergency medical
services (S-3384).
ALSO: That the House has on April 10, 1995, passed the following
bills in which the concurrence of the House was asked:
Senate File 352, 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 certain federal waivers and
providing applicability provisions .
Senate File 440, a bill for an act relating to probate including
the lien period for estates which have not been administered, the amount
which may be passed to a minor without appointing a conservator, the
distribution of an intestate estate to the parents, and special use
trusts.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 47 present, 3 absent and a quorum present.
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:
Mary M. Conway and Linda S. Trudeau as members of the Board of
Behavioral Science Examiners.
Ronald G. Richer as a member of the Board of Examiners for the
Licensing and Regulation of Hearing Aid Dealers.
Brenda S. Neville as a member of the Board of Optometry Examiners.
Dorothy L. McKee as a member of the Board of Speech Pathology and
Audiology Examiners.
John C. Wellman as a member of the Commission for the Blind.
Donna S. Hansen as a member of the Commission on the Deaf.
R. Creig Slayton as Director of the Department for the Blind.
A. Patricia Houlihan as a member of the Indigent Defense Advisory
Commission.
Cathy A. Rottinghaus as a member of the Iowa Comprehensive
Petroleum Underground Storage Tank Fund Board.
Jerry D. Stilwell as a member of the Prevention of Disabilities
Policy Council.
Leona E. Westphal as a member of the Small Business Advisory
Council.
Beverly A. Smith as a member of the State Board of Regents.
Steven S. Berger as a member of the Wallace Technology Transfer
Foundation of Iowa.
Senator Horn moved that the foregoing appointees be confirmed by
the Senate.
On the question Shall the appointees be confirmed? 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 apointees having received a two-thirds vote were declared to
have been confirmed by the Senate.
UNFINISHED BUSINESS
(Deferred April 10, 1995)
House File 337
The Senate resumed consideration of 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, deferred April 10, 1995.
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? (H.F. 337) the vote was:
Ayes, 46:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Halvorson Hammond
Hansen Hedge Horn Husak
Iverson Jensen Judge Kibbie
Kramer Lind Lundby McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 4:
Deluhery Giannetto Gronstal Maddox
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILLS
(Regular Calendar)
House File 41
On motion of Senator Bartz, House File 41, a bill for an act
relating to the establishment of legal settlement for certain blind
persons and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Senator Bartz offered amendment S-3382 filed by him from the floor
to page 1 and the title page of the bill and moved its adoption.
Amendment S-3382 was adopted by a voice vote.
Senator Bartz 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. 41) 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 161
On motion of Senator Dvorsky, House File 161, a bill for an act
relating to the fee which may be charged by an Iowa communications
network receiving site, 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? (H.F. 161) 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 346
On motion of Senator Redfern, House File 346, a bill for an act
relating to the verification and defendants signature required for
uniform citations and complaints, with report of committee recommending
passage, was taken up for consideration.
Senator Redfern asked and received unanimous consent that action on
House File 346 be deferred.
House File 447
On motion of Senator Gronstal, House File 447, a bill for an act
relating to certain state purchasing procedures and charges for
publications involving the department of general services, 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. 447) 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 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:
Hammond
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 460
On motion of Senator Connolly, House File 460, a bill for an act
relating to governmental control of property by allowing governmental
entities to enter and test property for condemnation of property for
highway purposes, providing for the interest rates assessed for
condemnation damages, providing for right-of-way notice filings, and
concerning advertising control laws on scenic highways, with report of
committee recommending amendment and passage, was taken up for
consideration.
Senator Connolly offered amendment S-3370 filed by the committee on
Transportation on April 6, 1995, to page 2 and the title page of the
bill and moved its adoption.
Amendment S-3370 was adopted by a voice vote.
Senator McKean asked and received unanimous consent that action on
House File 460 be deferred.
UNFINISHED BUSINESS CALENDAR
Senate File 256
On motion of Senator Judge, Senate File 256, a bill for an act
providing for notification of the application of pesticides, and placed
on the Unfinished Business Calendar on April 6, 1995, was taken up for
consideration.
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. 256) 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
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:
Gronstal
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 452
On motion of Senator McKean, Senate File 452, a bill for an act
relating to remedies upon the dishonoring of a financial instrument and
providing penalties, with report of committee on Judiciary recommending
passage, and placed on the Unfinished Business Calendar on April 6,
1995, was taken up for consideration.
Senator McKean offered amendment S-3254 filed by him on March 28,
1995, to page 1 of the bill and moved its adoption.
Amendment S-3254 was adopted by a voice vote.
Senator McKean asked and received unanimous consent that House File
485 be substituted for Senate File 452 as amended.
House File 485
On motion of Senator McKean, House File 485, a bill for an act
relating to remedies upon the dishonoring of a financial instrument and
providing penalties, was taken up for consideration.
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? (H.F. 485) the vote was:
Ayes, 24:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Flynn
Freeman Giannetto Hedge Husak
Kramer Lind Lundby Maddox
McKean Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Zieman
Nays, 26:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Fraise Gettings Gronstal Halvorson
Hammond Hansen Horn Iverson
Jensen Judge Kibbie McLaren
Murphy Neuhauser Palmer Priebe
Rife Vilsack
The bill not having received a constitutional majority was declared
to have failed to pass the Senate.
Senate File 261
On motion of Senator Bisignano, Senate File 261, a bill for an act
relating to cost of play and value of prizes of games of skill and games
of chance conducted at amusement concessions, placed on the Unfinished
Business Calendar on April 6, 1995, was taken up for consideration.
Senator Bisignano asked and received unanimous consent that House
File 117 be substituted for Senate File 261.
House File 117
On motion of Senator Bisignano, House File 117, a bill for an act
relating to cost of play and value of prizes of games of skill and games
of chance conducted at amusement concessions, was taken up for
consideration.
Senator Bisignano 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. 117) the vote was:
Ayes, 25:
Bisignano Black Dearden Deluhery
Drake Fink Fraise Gettings
Gronstal Hansen Horn Iverson
Judge Kibbie Kramer Lind
Lundby Murphy Palmer Priebe
Rife Rittmer Szymoniak Tinsman
Vilsack
Nays, 25:
Banks Bartz Bennett Boettger
Borlaug Boswell Connolly Douglas
Dvorsky Flynn Freeman Giannetto
Halvorson Hammond Hedge Husak
Jensen Maddox McKean McLaren
Neuhauser Redfern Rensink Sorensen
Zieman
The bill not having received a constitutional majority was declared
to have failed to pass the Senate.
Senator Bisignano asked and received unanimous consent that Senate
File 261 be withdrawn from further consideration of the Senate.
CONSIDERATION OF BILLS
(Regular Calendar)
House File 256
On motion of Senator Sorensen, House File 256, a bill for an act
relating to the definition of the practice of engineering and the
suspension or revocation of the certificate of registration of a
professional engineer or land surveyor, with report of committee
recommending passage, was taken up for consideration.
Senator Hansen asked and received unanimous consent that action on
House File 256 be deferred.
House File 514
On motion of Senator Fraise, House File 514, a bill for an act
relating to Iowa motor vehicle registration plates, by providing for
special United States armed forces retired plates, special plates for
education and an Iowa education transportation enhancement fund, and
special silver and bronze star plates, providing for special
registration plates with distinguishing processed emblems, providing for
required plate specifications, making penalties applicable, and
providing an effective date, with report of committee recommending
passage, was taken up for consideration.
Senator Fink offered amendment S-3377 filed by him on April 10,
1995 to pages 2, 8 and 12 of the bill and moved its adoption.
A record roll call was reuqested.
On the question Shall amendment S-3377 be adopted? (H.F. 514) the
vote was:
Ayes, 22:
Bartz Boettger Connolly Deluhery
Dvorsky Fink Flynn Giannetto
Hammond Hansen Horn Judge
Kramer Lundby Maddox McLaren
Murphy Neuhauser Palmer Redfern
Sorensen Szymoniak
Nays, 27:
Banks Bennett Bisignano Black
Borlaug Boswell Dearden Douglas
Drake Fraise Freeman Gettings
Gronstal Halvorson Hedge Husak
Iverson Kibbie Lind McKean
Priebe Rensink Rife Rittmer
Tinsman Vilsack Zieman
Absent or not voting, 1:
Jensen
Amendment S-3377 lost.
Senator Sorensen asked and received unanimous consent that action
on House File 514 be deferred.
UNFINISHED BUSINESS CALENDAR
Senate File 53
On motion of Senator Bisignano, Senate File 53, a bill for an act
relating to the qualifications of an applicant for a license to sell
real estate in this state, with report of committee recommending
passage, and placed on the Unfinished Business Calendar on April 6,
1995, was taken up for consideration.
Senator Bisignano offered amendment S-3068 filed by him on February
20, 1995, to pages 1 and 3 of the bill and moved its adoption.
Amendment S-3068 was adopted by a voice vote.
Senator Bisignano asked and received unanimous consent that House
File 54 be substituted for Senate File 53 as amended.
House File 54
On motion of Senator Bisignano, House File 54, a bill for an act
relating to the qualifications of an applicant for a license to sell
real estate in this state, was taken up for consideration.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Jensen until he returns on request of Senator Rife.
BUSINESS PENDING
House File 54
The Senate resumed consideration of House File 54.
Senator Bisignano 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. 54) 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
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:
Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Bisignano asked and received unanimous consent that Senate
File 53 be withdrawn from further consideration of the Senate.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
337, 41, 161, 447 and 54 and Senate File 256 be immediately messaged to
the House.
RECESS
On motion of Senator Horn, the Senate recessed at 11:22 a.m., until
1:30 p.m.
APPENDIX
SIMILAR BILL RECEIVED
On April 10, 1995, House File 518 was received and attached to
similar Senate File 411 on the Senate Calendar.
EXPLANATION OF VOTES
MR. PRESIDENT: I was hospitalized and necessarily absent from the
Senate on April 3-6 when several bills were placed on final passage. Had
I been present, I would have voted as follows:
Aye on Senate Files 201, 338, 458, 347, 466, 443, 180, 331, 453,
454, 354 and 181; and House Files 154 and 515.
Nay on Senate Files 450, 453, 360, 384 and 365.
I would have voted aye on the motion to reconsider Senate File 453,
amendment S-3266 to Senate File 181 and the three roll call votes taken
on the En Bloc Confirmation Calendar.
MERLIN E. BARTZ
PRESENTATION OF VISITORS
Senator Szymoniak presented Svetlana Lazarova, a journalist and
writer on public affairs from Bulgaria, who is in Iowa to speak on
communication and the arts in the Balkans.
The Chair welcomed the following visitors who were present in the
Senate gallery:
Thirteen third, fourth and fifth grade students from Prairie City
Elementary School, Prairie City, accompanied by Sid Graham. Senator
Black.
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
485 failed to pass the Senate on April 11, 1995.
STEVEN D. HANSEN
MR. PRESIDENT: I move to reconsider the vote by which House File
485 failed to pass the Senate on April 11, 1995.
MICHAEL E. GRONSTAL
REPORT OF COMMITTEE MEETING
WAYS AND MEANS
Convened: April 6, 1995, 1:40 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Drake, Freeman, Hedge, Iverson, McLaren, Murphy,
Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: Deluhery.
Committee Business: Assigned bill to subcommittee; approved SSBs 343.1,
142 and 359 as committee bills; amended and approved SSB 353 as a
committee bill.
Adjourned: 2:25 p.m.
SUBCOMMITTEE ASSIGNMENTS
Senate File 108
JUDICIARY: McKean, Chair; Fraise, Giannetto, Redfern and Vilsack
Senate File 254
JUDICIARY: Bisignano, Chair; Giannetto, McKean, Redfern and Vilsack
Senate File 451
JUDICIARY: Fraise, Chair; Bartz, Drake, Giannetto and Vilsack
Senate File 455
JUDICIARY: Giannetto, Chair; Bartz, Boettger, Hansen and Vilsack
House Joint Resolution 11
JUDICIARY: Bartz, Chair; Fraise, Giannetto, Redfern and Vilsack
House File 247
WAYS AND MEANS: Deluhery, Chair; Iverson and Priebe
House File 489
WAYS AND MEANS: Priebe, Chair; Hedge and Szymoniak
House File 517
WAYS AND MEANS: Husak, Chair; Drake and Szymoniak
SSB 360
WAYS AND MEANS: Palmer, Chair; Bennett and Neuhauser
SSB 361
WAYS AND MEANS: Murphy, Chair; Connolly and McLaren
AMENDMENTS FILED
S-3382 H.F. 41 Merlin E. Bartz
S-3383 S.F. 93 House amendment
S-3384 S.F. 178 House amendment
S-3385 S.F. 180 Sheldon Rittmer
S-3386 H.F. 346 Randal J. Giannetto
S-3387 H.F. 340 Don E. Gettings
S-3388 H.F. 471 Randal J. Giannetto
Patrick J. Deluhery
Maggie Tinsman
S-3389 S.F. 82 House amendment
S-3390 S.F. 141 House amendment
AFTERNOON SESSION
The Senate reconvened at 1:36 p.m., President Boswell presiding.
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 11, 1995, passed the following bills in which the
concurrence of the House was asked:
Senate File 155, a bill for an act relating to employment services
by eliminating wage credit liability transfers and allowing all
employers relief from charges when an unemployment compensation
overpayment is made and providing an applicability date.
Senate File 159, a bill for an act relating to the payment of
wages to a suspended or terminated employee under the Iowa wage payment
collection law.
Senate File 162, a bill for an act eliminating the minimum amount
which must be borrowed under a home equity line of credit.
Senate File 174, a bill for an act relating to health facilities
under the purview of the department of inspections and appeals.
Senate File 175, a bill for an act relating to the definition of
the federal Truth in Lending Act in the Iowa consumer credit code.
Senate File 233, a bill for an act relating to the suspension and
revocation of drivers licenses and providing penalties for violations of
out-of-service orders.
Senate File 234, a bill for an act relating to the powers and
duties of the department of natural resources by amending procedures for
issuing and establishing fees for scientific collectors licenses or
permits.
Senate File 247, a bill for an act relating to plastic garbage can
liners with recycled content.
Senate File 271, a bill for an act relating to the authorization
of a bank office where a state bank may maintain its management and
bookkeeping functions.
Senate File 274, a bill for an act relating to the delay of the
repeal for the exemption of certain multiple employer welfare
arrangements from regulation by the insurance division and providing an
effective date.
Senate File 375, a bill for an act relating to abandoned property
subject to control by the treasurer of state.
Senate File 385, a bill for an act authorizing the appointment of
a city board of review by certain cities.
Senate File 458, a bill for an act relating to the duties of the
county treasurer and providing effective and applicability dates.
ALSO: That the House has on April 11, 1995, amended and passed the
following bills in which the concurrence of the Senate is asked:
Senate File 82, a bill for an act relating to medical assistance
provisions including those relating to presumptive eligibility for
pregnant women and the estates and trusts of recipients of medical
assistance and providing an effective date (S-3389).
Senate File 141, a bill for an act relating to notice for vacating
and closing roads (S-3390).
Senate File 214, a bill for an act to provide greater protection
for consumers who purchase or lease motor vehicles and providing
effective dates (S-3392).
Senate File 290, a bill for an act relating to motor vehicle and
highway regulation by the state department of transportation concerning
retention of records and documents, registration plates and stickers,
dissolution decree transfers of motor vehicle titles, junking
certificates for abandoned vehicles, flashing blue lights, motorcycle
license requirements, leased motor vehicles, proof of financial
responsibility, charges for handicapped identification devices, single
state registration for motor carriers, commodity base state
registration, other technical changes, and providing effective and
applicability dates (S-3391).
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 33 present, 17 absent and a quorum present.
The Senate stood at ease at 1:50 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 3:57 p.m., President Boswell
presiding.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 11, 1995, passed the following bill in which the
concurrence of the Senate is asked:
House File 512, a bill for an act appropriating funds to the
department of economic development, the Iowa finance authority, the
Wallace technology transfer foundation, division of insurance of the
department of commerce, the Iowa seed capital corporation, the
international development foundation, the public employment relations
board, and the department of employment services, making related
statutory changes, and providing an immediate effective date.
This bill was read first time and passed on file.
CONSIDERATION OF BILLS
(Regular Calendar)
House File 246
On motion of Senator Bisignano, House File 246, a bill for an act
relating to civil litigation by inmates and prisoners and deductions
from inmate accounts for certain expenses, including costs of litigation
by inmates, with report of committee recommending passage, was taken up
for consideration.
Senator Vilsack offered amendment S-3381 filed by him on April 10,
1995, to page 2 of the bill and moved its adoption.
Amendment S-3381 was adopted by a voice vote.
Senator Bisignano 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. 246) 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 Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Palmer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 471
On motion of Senator Giannetto, House File 471, a bill for an act
relating to prison time served by persons convicted of an aggravated
misdemeanor or greater offense, by providing for changes in the
mandatory minimum terms of sentences to be served, by permitting the
imposition of up to ninety days of the total sentence in a county jail
in addition to any terms of probation, and providing for a reduction in
the amount of good and honor time that may be earned by forcible felons,
with report of committee recommending passage, was taken up for
consideration.
Senator Giannetto offered amendment S-3388 filed by Senators
Giannetto, Deluhery and Tinsman from the floor to pages 1-5 and the
title page of the bill and moved its adoption.
Amendment S-3388 was adopted by a voice vote.
Senator Giannetto 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. 471) 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 as amended was agreed to.
CONFIRMATION OF GOVERNORS APPOINTEES
(Individual Confirmation Calendar)
Senator Hansen called up the appointment of Dr. Beth K. Bruening as
a member of the Community Health Management Information System Governing
Board, placed on the Individual Confirmation Calendar on March 16, 1995,
and found on page 677 of the Senate Journal.
Senator Hansen moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Giannetto Palmer
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Hansen called up the appointment of David J. Lyons as
Director of the Department of Economic Development, placed on the
Individual Confirmation Calendar on February 22, 1995, and found on page
426 of the Senate Journal.
The Senate stood at ease at 4:30 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 5:25 p.m., President Boswell
presiding.
Senator Hansen moved that the appointment of David J. Lyons as
Director of the Department of Economic Development be confirmed by the
Senate.
On the question Shall the appointee 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
McLaren Murphy Neuhauser Palmer
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Szymoniak called up the reappointment of Betty L.
Grandquist as Director of the Department of Elder Affairs, placed on the
Individual Confirmation Calendar on March 28, 1995, without
recommendation, and found on page 921 of the Senate Journal.
Senator Szymoniak moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee 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
McLaren Murphy Neuhauser Palmer
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Priebe until he returns on request of Senator Sorensen.
CONFIRMATION OF GOVERNORS APPOINTEES
(Individual Confirmation Calendar)
Senator Gronstal called up the appointment and reappointment of Dr.
Therese M. Vaughan as Commissioner of Insurance, placed on the
Individual Confirmation Calendar for appointment on February 21, 1995,
page 414 of the Senate Journal, and for reappointment on March 30, 1995,
page 995 of the Senate Journal.
Senator Gronstal moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 1:
Hammond
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Lind called up the appointment of Janet E. Phipps as
Director of the Department of General Services, placed on the Individual
Confirmation Calendar on February 23, 1995, and found on page 445 of the
Senate Journal.
Senator Lind moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee 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
McLaren Murphy Neuhauser Palmer
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
REFUSAL OF GOVERNORS APPOINTEE
(Individual Confirmation Calendar)
Senator Bennett called up the reappointment of Ted R. Chapler as
Executive Director of the Iowa Finance Authority, placed on the
Individual Confirmation Calendar on March 29, 1995, and found on page
963 of the Senate Journal.
Senator Bennett moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 27:
Bennett Bisignano Black Boswell
Connolly Dearden Deluhery Drake
Dvorsky Fink Flynn Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Horn Judge Kibbie
Lundby Neuhauser Palmer Redfern
Sorensen Szymoniak Vilsack
Nays, 22:
Banks Bartz Boettger Borlaug
Douglas Fraise Freeman Hedge
Husak Iverson Jensen Kramer
Lind Maddox McKean McLaren
Murphy Rensink Rife Rittmer
Tinsman Zieman
Absent or not voting, 1:
Priebe
The appointee not having received a two-thirds vote, the Chair
declared the Senate refused to confirm the appointment of Ted R.
Chapler.
CONFIRMATION OF GOVERNORS APPOINTEES
(Individual Confirmation Calendar)
Senator Fink called up the reappointment of Larry J. Wilson as
Director of the Department of Natural Resources, placed on the
Individual Confirmation Calendar on March 29, 1995, and found on page
943 of the Senate Journal.
Senator Fink moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 46:
Banks Bartz Bisignano Black
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 Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Vilsack Zieman
Nays, 3:
Bennett Boettger Tinsman
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Szymoniak called up the reappointment of Christopher G.
Atchison as Director of Public Health, placed on the Individual
Confirmation Calendar on March 29, 1995, and found on page 963 of the
Senate Journal.
Senator Szymoniak moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 49:
93rd Day TUESDAY, APRIL 11, 1995 1141
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
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Redfern called up the appointment of Joan U. Axel as a
member of the Iowa Telecommunications and Technology Commission, placed
on the Individual Confirmation Calendar on February 22, 1995, and found
on page 426 of the Senate Journal.
Senator Redfern moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 48:
Banks Bartz Bennett 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 Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 1:
Bisignano
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Hansen called up the appointment of Richard A. Westcott as
a member of the Iowa Telecommunications and Technology Commission,
placed on the Individual Confirmation Calendar on February 22, 1995, and
found on page 426 of the Senate Journal.
Senator Hansen moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 48:
Banks Bartz Bennett 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 Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 1:
Bisignano
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Kibbie called up the appointment of Randy G. Brown as
Executive Director of the Commission of Veterans Affairs, placed on the
Individual Confirmation Calendar on February 21, 1995, and found on page
407 of the Senate Journal.
Senator Kibbie moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 47:
Banks Bartz Bennett Black
Boettger Borlaug 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 Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 2:
Bisignano Husak
Absent or not voting, 1:
Priebe
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
The Senate stood at ease at 5:55 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 6:07 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.
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 13, a senate resolution deferring
action on the confirmation of appointments submitted by the Governor.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 6: Horn, Boswell, Bisignano, Gettings, Gronstal and
Husak. Nays, 3: Rife, Kramer and Lind.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 13.
Senate Resolution 13
On motion of Senator Kibbie, Senate Resolution 13, a senate
resolution deferring action on the confirmation of appointments
submitted by the Governor, was taken up for consideration.
Senator Kibbie moved the adoption of Senate Resolution 13.
A record roll call was requested.
On the question Shall the resolution be adopted? (S.R. 13) 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 Palmer Sorensen
Szymoniak Vilsack
Nays, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Absent or not voting, 1:
Priebe
The motion prevailed and the resolution was adopted.
APPENDIX
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: HOUSE CONCURRENT RESOLUTION 8, a concurrent
resolution supporting the United Nations recognition of the Republic of
China on Taiwan.
Recommendation: DO PASS.
Final Vote: Ayes, 7: Horn, Boswell, Rife, Gettings, Husak, Kramer and
Lind.Nays, 2: Bisignano and Gronstal.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STUDY BILLS RECEIVED
SSB 350.1
Appropriations
Establishing an oversight, audit and government reform committee,
and providing an effective date.
SSB 362
Appropriations
Establishing a school improvement and technology program, providing
for properly related matters, and making an appropriation.
SSB 363
Appropriations
Relating to state financial provisions and providing applicability
provisions and effective dates.
CERTIFICATE OF RECOGNITION
The secretary of the senate issued the following certificate of
recognition:
Marilyn Lihs, Iowa City - For being installed as President of the
Business and Professional Women of Iowa. Senator Dvorsky (5-6-95).
SUBCOMMITTEE ASSIGNMENTS
SSB 350.1
APPROPRIATIONS: Neuhauser, Chair; McLaren and Murphy.
SSB 362
APPROPRIATIONS: Dvorsky, Chair; Kramer and Neuhauser
SSB 363
APPROPRIATIONS: Murphy, Chair; Boswell and Lind
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Fourteen tenth, eleventh and twelfth grade students from West High
School, Iowa City, accompanied by Gary Neuzil. Senators Dvorsky and
Neuhauser.
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
246 passed the Senate on April 11, 1995.
JOHNIE HAMMOND
MR. PRESIDENT: I move to reconsider the vote by which House File
117 failed to pass the Senate on April 11, 1995.
EMIL J. HUSAK
SIMILAR BILL RECEIVED
On April 11, 1995, House File 512 was received and attached to
similar Senate File 463 on the Senate Calendar.
AMENDMENTS FILED
S-3391 S.F. 290 House amendment
S-3392 S.F. 214 House amendment
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 6:16 p.m., until
9:00 a.m., Wednesday, April 12, 1995.
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Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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