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NINETY-FIFTH CALENDAR DAY
FIFTY-SEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, April 13, 1995
The Senate met in regular session at 9:20 a.m., President Boswell
presiding.
Prayer was offered by Dr. Craig Bex, pastor of the Community
Church, Kamrar, Iowa.
The Chair announced that the Journal of April 12, 1995, page 1180,
would be corrected to show Allan T. Thoms confirmed as a member, not
Chairperson, of the Utilities Board.
The Journal of Wednesday, April 12, 1995, as corrected, 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 12, 1995, passed the following bills in which the
concurrence of the House was asked:
Senate File 272, a bill for an act relating to the validity of a
notarial act by an officer, director, or shareholder of a corporation
and providing for retroactive application.
Senate File 320, a bill for an act relating to the regulation of
state banks and other financial institutions by the division of banking
of the department of commerce.
Senate File 341, a bill for an act relating to delinquency charges
on credit cards used to purchase or lease goods or services from less
than one hundred persons not related to the card issuer.
Senate File 377, a bill for an act relating to the payment of
patronage dividends by cooperative associations which are public
utilities.
ALSO: That the House has on April 12, 1995, amended and passed the
following bill in which the concurrence of the House was asked:
Senate File 459, a bill for an act relating to and making
appropriations to the department of justice, office of consumer
advocate, board of parole, department of corrections, judicial district
departments of correctional services, judicial department, state public
defender, Iowa law enforcement academy, department of public defense,
and for the department of public safetys administration, division of
criminal investigation and bureau of identification, division of
narcotics enforcement, undercover purchases, and the state fire marshals
office, for the fiscal year beginning July 1, 1995, and providing
effective dates and retroactive applicability (S-3410).
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 46 present, 4 absent and a quorum present.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Freeman for the day on request of Senator Lind and Senator
Jensen until he arrives on request of Senator Rife.
ANNOUNCEMENT BY THE PRESIDENT
The President made the following statement from the chair:
Statutory deadline for Senate confirmation of Governors appointees
is April 15.
The 15th is Saturday. The Senate will not be in session either
Friday or Saturday, therefore, today becomes the effective last day for
Governors appointees to be considered by the Senate.
If any member had any question about the timing for appointees,
that is the ruling of the Chair.
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:
Margaret B. Tait as a member of the Board of Dietetic Examiners.
Mary M. Conrad as a member of the Board of Educational Examiners.
Merl McFarlane and Stephanie A. Stebens as members of the
Commission on Community Action Agencies.
Gregg R. Narber as a member of the Council on Human Services.
Charese E. Yanney as a member of the Iowa Council on Human
Investment.
Myrna L. Langerud as a member of the Mental Health and
Developmental Disabilities Commission.
Nadine S. Drennan and Marlys D. Johnson as members 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, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise 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, 2:
Freeman Jensen
The appointees having received a two-thirds vote were declared to
have been confirmed by the Senate.
The Senate stood at ease at 9:40 a.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 11:11 a.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 13, 1995, passed the following bills in which the
concurrence of the House was asked:
Senate File 116, a bill for an act authorizing certain persons to
access dependent adult abuse information.
Senate File 132, a bill for an act relating to compensation for
victims of crimes, by providing for compensation to secondary victims of
crimes and increasing the maximum amount that may be recovered for loss
of work income due to injuries received by victims.
Senate File 147, a bill for an act providing for the issuance of
single general permits by the department of natural resources and
providing an effective date.
ALSO: That the House has on April 12, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 553, a bill for an act relating to agriculture and
natural resources, including for appropriations involving agriculture
and natural resources, providing related statutory changes, and
providing effective dates.
This bill was read first time and passed on file.
CONFIRMATION OF GOVERNORS APPOINTMENT
(Individual Confirmation Calendar)
Senator Kibbie called up the reappointment of William H. Jackson as
Director of the Department of Cultural Affairs, placed on the Individual
Confirmation Calendar on March 29, 1995, and found on page 963 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, 40:
Banks Bartz Bennett Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Fink Flynn Fraise Gettings
Giannetto Gronstal Halvorson Hansen
Hedge Horn Iverson Judge
Kibbie Lundby Maddox McKean
McLaren Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Vilsack Zieman
Nays, 7:
Bisignano Dvorsky Hammond Husak
Lind Murphy Tinsman
Absent or not voting, 3:
Freeman Jensen Kramer
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
REFUSAL OF GOVERNORS APPOINTMENT
(Individual Confirmation Calendar)
Senator Connolly called up the appointment of Derald L. Judson, Jr.
as a member of the Employment Appeal Board, placed on the Individual
Confirmation Calendar on February 15, 1995, without recommendation, and
found on page 366 of the Senate Journal.
Senator Connolly moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 31:
Banks Bartz Bennett Bisignano
Boettger Borlaug Deluhery Douglas
Drake Dvorsky Gronstal Hammond
Hedge Horn Iverson Kramer
Lind Lundby Maddox McKean
McLaren Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Szymoniak Tinsman Zieman
Nays, 17:
Black Boswell Connolly Dearden
Fink Flynn Fraise Gettings
Giannetto Halvorson Hansen Husak
Judge Kibbie Murphy Sorensen
Vilsack
Absent or not voting, 2:
Freeman Jensen
The appointee not having received a two-thirds vote, the Chair
declared the Senate refused to confirm the appointment of Derald L.
Judson, Jr.
CONFIRMATION OF GOVERNORS APPOINTMENT
(Individual Confirmation Calendar)
Senator Borlaug called up the appointment of Kathryn Draeger as a
member of the Environmental Protection Commission, placed on the
Individual Confirmation Calendar on March 29, 1995, and found on page
963 of the Senate Journal.
Senator Borlaug moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 45:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Gettings Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Judge Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 2:
Giannetto Kibbie
Absent or not voting, 3:
Freeman Jensen 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 Borlaug until he returns on request of Senator Rife.
REFUSAL OF GOVERNORS APPOINTMENT
(Individual Confirmation Calendar)
Senator Black called up the appointment of Esther M. Strother as a
member of the Environmental Protection Commission, placed on the
Individual Confirmation Calendar on March 29, 1995, without
recommendation, and found on page 943 of the Senate Journal.
Senator Black moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee be confirmed? the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 24:
Banks Bartz Bennett Boettger
Douglas Drake Flynn Halvorson
Hedge Husak Iverson Judge
Kramer Lind Lundby Maddox
McLaren Redfern Rensink Rife
Rittmer Sorensen Tinsman Zieman
Nays, 21:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Fraise Gettings Giannetto Gronstal
Hammond Hansen Horn Kibbie
McKean Murphy Palmer Szymoniak
Vilsack
Voting present, 1:
Priebe
Absent or not voting, 4:
Borlaug Freeman Jensen Neuhauser
The appointee not having received a two-thirds vote, the Chair
declared the Senate refused to confirm the appointment of Esther M.
Strother.
DISTINGUISHED VISITOR
Senator Black presented Dr. Peter Sabluk, Ukraine First Deputy
Prime Minister for Agriculture, who is visiting Iowa to discuss a
project which would increase Iowas agribusiness exports to the Ukraine,
and to sign a memorandum of Understanding.
Dr. Sabluk addressed the Senate briefly expressing his desire to
expand co-operation between Iowa and the Ukraine.
He noted that Iowa was the breadbasket of the United States, and
that he was working toward reestablishing the Ukraine as the breadbasket
of Europe.
The Senate rose to express its welcome.
REFUSAL OF GOVERNORS APPOINTMENTS
(Individual Confirmation Calendar)
Senator Connolly called up the appointment of David J. Fisher as a
member of the State Board of Regents, placed on the Individual
Confirmation Calendar on April 5, 1995, without recommendation, and
found on page 1055 of the Senate Journal.
Senator Connolly moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 29:
Banks Bartz Bennett Bisignano
Boettger Borlaug Boswell Connolly
Douglas Drake Dvorsky Gronstal
Hedge Husak Iverson Kramer
Lind Lundby Maddox McKean
McLaren Priebe Redfern Rensink
Rife Rittmer Sorensen Tinsman
Zieman
Nays, 19:
Black Dearden Deluhery Fink
Flynn Fraise Gettings Giannetto
Halvorson Hammond Hansen Horn
Judge Kibbie Murphy Neuhauser
Palmer Szymoniak Vilsack
Absent or not voting, 2:
Freeman Jensen
The appointee not having received a two-thirds vote, the Chair
declared the Senate refused to confirm the appointment of David J.
Fisher.
Senator Dvorsky called up the appointment of Robert F. Baur 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 Dvorsky moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 27:
Banks Bartz Bennett Boettger
Borlaug Connolly Deluhery Douglas
Drake Gronstal Halvorson Hedge
Horn Iverson Kramer Lind
Lundby Maddox McKean McLaren
Murphy Redfern Rensink Rife
Rittmer Tinsman Zieman
Nays, 21:
Bisignano Black Boswell Dearden
Dvorsky Fink Flynn Fraise
Gettings Giannetto Hammond Hansen
Husak Judge Kibbie Neuhauser
Palmer Priebe Sorensen Szymoniak
Vilsack
Absent or not voting, 2:
1199
Freeman Jensen
The appointee not having received a two-thirds vote, the Chair
declared the Senate refused to confirm the appointment of Robert F.
Baur.
DEFERRAL OF APPOINTEE
(Individual Confirmation Calendar)
Senator Dvorsky called up the appointment of Harold M. Thompson as
Executive Director of the Iowa Telecommunications and Technology
Commission, placed on the Individual Confirmation Calendar on March 30,
1995, without recommendation, and found on page 976 of the Senate
Journal.
(Action on the appointment of Harold M. Thompson was deferred.)
RECESS
On motion of Senator Horn, the Senate recessed at 12:28 p.m., until
1:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: April 12, 1995, 10:51 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
McLaren, Palmer, Sorensen and Zieman.
Members Absent: none.
Committee Business: Placed House File 519 on the Senate Calendar without
recommendation.
Adjourned: 10:53 a.m.
APPROPRIATIONS
Convened: April 12, 1995, 6:00 p.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky,
Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge,
Kibbie, Kramer, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: McLaren (excused).
Committee Business: Amended and approved SSB 364 as a committee bill;
recommended passage of House File 530 as amended.
Adjourned: 6:55 p.m.
COMMERCE
Convened: April 12, 1995, 1:18 p.m. Members Present: Deluhery, Chair;
Hansen, Vice Chair; Jensen, Ranking Member; Bisignano, Flynn, Freeman,
Gettings, Gronstal, Hedge, Lundby and Redfern.
Members Absent: Douglas, Husak, Palmer and Priebe.
Committee Business: Informational meeting on Allan Thoms, gubernatorial
appointment to Utilities Board.
Adjourned: 2:01 p.m.
WAYS AND MEANS
Convened: April 12, 1995, 11:05 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: none.
Committee Business: Amended and approved SSBs 349 and 342 as committee
bills; approved SSBs 348 and 360 as a committee bills; recommended
passage of House File 247 as amended.
Adjourned: 11:27 a.m.
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which the
confirmation of Esther M. Strother failed to be approved by the Senate
on April 13, 1995.
ANDY McKEAN
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Fifty-one eleventh grade students from Colo Nesco High School,
Colo, accompanied by Jack Roberts and Steve Buhrow. Senator Giannetto.
AMENDMENTS FILED
S-3410 S.F. 459 House amendment
S-3411 H.F. 303 Eugene Fraise
S-3412 H.F. 530 Larry Murphy
S-3413 H.F. 247 Michael E. Gronstal
S-3414 S.F. 436 House amendment
S-3415 S.F. 472 H. Kay Hedge
S-3416 S.F. 481 Rod Halvorson
O. Gene Maddox
S-3417 S.F. 481 Rod Halvorson
Andy McKean
S-3418 S.F. 481 Rod Halvorson
S-3419 S.F. 87 House amendment
S-3420 S.F. 60 House amendment
S-3421 S.F. 481 Eugene Fraise
John P. Kibbie
Derryl McLaren
Wayne Bennett
S-3422 H.F. 530 Maggie Tinsman
Tom Flynn
Mary Kramer
Larry Murphy
S-3423 H.F. 460 Andy McKean
Mike Connolly
AFTERNOON SESSION
The Senate reconvened at 2:11 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 13, 1995, passed the following bills in which the
concurrence of the House was asked:
Senate File 79, a bill for an act relating to the transfer of dogs
to educational and scientific institutions by pounds.
Senate File 88, a bill for an act relating to statutory
corrections which may adjust language to reflect current practices,
insert earlier omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts, update
ongoing provisions, or remove ambiguities.
Senate File 149, a bill for an act relating to child support
recovery.
Senate File 152, a bill for an act relating to the name of those
persons who engage in the practice of podiatry.
Senate File 164, a bill for an act relating to the meetings of the
commission on the status of African-Americans.
Senate File 206, a bill for an act striking Code language that
conflicts with federal work- study program requirements and language
relating to unfunded programs administered by the college student aid
commission, and repealing from the Code certain unfunded programs
administered by the college student aid commission.
Senate File 229, a bill for an act eliminating certain
requirements regarding the purchase of coal by public agencies.
Senate File 386, a bill for an act relating to restitution in
certain traffic offenses which are simple misdemeanors.
Senate File 402, a bill for an act relating to brands registered
by the department of agriculture and land stewardship and providing for
penalties.
Senate File 443, a bill for an act to prohibit assaults upon peace
officers, basic emergency medical care providers, advanced emergency
medical care providers, and fire fighters by providing penalties and
enhancing penalties for resisting or obstructing peace officers, basic
emergency medical care providers, advanced emergency medical care
providers, and fire fighters who are performing their duties.
ALSO: That the House has on April 13, 1995, amended and passed the
following bills in which the concurrence of the Senate is asked:
Senate File 60, a bill for an act relating to establishing a
linked investment program for speculative building development (S-3420).
Senate File 66, a bill for an act relating to cruelty to police
service dogs and providing for enhanced penalties (S-3425).
Senate File 87, a bill for an act relating to nonsubstantive Code
corrections, and providing effective and applicability date provisions
(S-3419).
Senate File 189, a bill for an act relating to the transfer of
real estate by exempting certain transfers of real estate from the real
estate transfer tax and providing that a lien for a purchase money
mortgage has priority over other interests in the property (S-3428).
Senate File 226, a bill for an act relating to the disposition of
valueless mobile homes, modular homes, and manufactured homes (S-3427).
Senate File 400, a bill for an act providing for the
reincorporation of nonprofit corporations and providing for retroactive
applicability and effective dates (S-3430).
Senate File 409, a bill for an act relating to the activities of
clerks of the district court, and providing additional court fees
(S-3431).
Senate File 423, a bill for an act relating to delayed deposit
services businesses and providing penalties (S-3434).
Senate File 433, a bill for an act relating to the family
investment program and related human services programs by requiring the
department of human services to apply for a federal waiver regarding
limited benefit plans and providing applicability provisions (S-3433).
Senate File 436, a bill for an act relating to the child abuse
registry by providing access for purposes of certifying sex offender
treatment providers, for certain publicly operated facilities or
programs, and for certain purposes of public employers (S-3414).
Senate File 437, a bill for an act relating to the entitlement to
benefits and dividends under the Iowa public employees retirement system
(S-3435).
Senate File 439, a bill for an act relating to making false
reports to law enforcement agencies, making spurious calls to emergency
911 communications centers, or providing false information on citations
and establishing penalties and providing a conditional effective date
(S-3432).
ALSO: That the House has on April 13, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 562, a bill for an act to legalize the proceedings
taken by the board of supervisors and county auditor of Mahaska county
regarding the levy of a local option sales tax to finance the
construction and maintenance of a county jail and providing an effective
date.
This bill was read first time and passed on file.
INTRODUCTION OF RESOLUTION
Senate Resolution 14, by committee on Rules and Administration, a
senate resolution deferring action on the confirmation of an appointment
submitted by the Governor.
Read first time and placed on calendar.
BUSINESS PENDING
(Individual Confirmation Calendar)
The Senate resumed consideration of the appointment of Harold M.
Thompson as Executive Director of the Iowa Telecommunications and
Technology Commission, previously deferred.
(Action on the appointment of Harold M. Thompson was deferred.)
The Senate stood at ease at 2:20 p.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 2:55 p.m., President Boswell
presiding.
BUSINESS PENDING
(Individual Confirmation Calendar)
The Senate resumed consideration of the appointment of Harold M.
Thompson as Executive Director of the Iowa Telecommunications and
Technology Commission.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Hansen until he returns on request of Senator Bisignano.
Senator Dvorsky moved that the appointment of Harold M. Thompson be
confirmed by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 29:
Banks Bisignano Black Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Gettings Gronstal Halvorson Hammond
Horn Judge Kibbie Kramer
Maddox Murphy Neuhauser Palmer
Priebe Rittmer Szymoniak Vilsack
Zieman
Nays, 18:
Bartz Bennett Boettger Borlaug
Fraise Giannetto Hedge Husak
Iverson Lind Lundby McKean
McLaren Redfern Rensink Rife
Sorensen Tinsman
Absent or not voting, 3:
Freeman Hansen Jensen
The appointee not having received a two-thirds vote, the Chair
declared the Senate refused to confirm the appointment of Harold M.
Thompson.
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 14, a Senate Resolution deferring
action on the confirmation of an appointment submitted by the Governor.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 6: Horn, Boswell, Bisignano, Gettings, Gronstal and
Husak. Nays, 2: Rife and Lind. Absent or not voting, 1: Kramer.
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 14.
Senate Resolution 14
On motion of Senator Bisignano, Senate Resolution 14, a senate
resolution deferring action on the confirmation of an appointment
submitted by the Governor (Allan T. Thoms), was taken up for
consideration.
Senator Bisignano moved the adoption of Senate Resolution 14.
A record roll call was requested.
On the question Shall the resolution be adopted? (S.R. 14) the vote
was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Horn
Husak Judge Kibbie Murphy
Neuhauser Palmer Priebe Rittmer
Sorensen Szymoniak Tinsman Vilsack
Nays, 19:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Hedge
Iverson Kramer Lind Lundby
Maddox McKean McLaren Redfern
Rensink Rife Zieman
Absent or not voting, 3:
Freeman Hansen Jensen
The motion prevailed and the resolution was adopted.
MOTION TO RECONSIDER ADOPTED
(Governors Appointee)
Senator Murphy called up the motion to reconsider the vote by which
the Senate refused to confirm the appointment of Ted R. Chapler as
Executive Director of the Iowa Finance Authority, filed by him on April
11, 1995, found on page 1164 of the Senate Journal, and moved its
adoption.
A record roll call was requested.
On the question Shall the motion to reconsider be adopted? the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Gettings
Giannetto Gronstal Halvorson Hammond
Horn Judge Kibbie Lundby
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Nays, 20:
Banks Bartz Bennett Boettger
Borlaug Fraise Hedge Husak
Iverson Kramer Lind Maddox
McKean McLaren Redfern Rensink
Rife Rittmer Tinsman Zieman
Absent or not voting, 3:
Freeman Hansen Jensen
The motion prevailed and the confirmation of Ted R. Chapler was
taken up for reconsideration.
Senator Horn asked and received unanimous consent that action on
the confirmation of Ted R. Chapler be deferred.
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:
Carolyn E. Olsen as a member of Architectural Examining Board.
Stanton L. Visser as a member of the Board of Behavioral Science
Examiners.
Dr. Jerry C. Prahl as a member of the Board of Dental Examiners.
Richard Matland as a member of the Board of Social Work Examiners.
Elmer H. Vermeer as a member of the Commission of Elder Affairs.
Dr. Scharron A. Clayton as a member of the Commission on the Status
of African-Americans.
Ann Jorgensen as a member of the Iowa Economic Development Board.
Patricia E. Tiarks as a member of the State Board of Examiners for
Nursing Home Administrators.
Senator Horn moved that the foregoing appointees be confirmed by
the Senate.
On the question Shall the appointees be confirmed? the vote was:
Ayes, 45:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hammond Hedge Horn Husak
Iverson Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 1:
Banks
Absent or not voting, 4:
Freeman Hansen Jensen Murphy
The appointees having received a two-thirds vote were declared to
have been confirmed by the State.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 530.
House File 530
On motion of Senator Flynn, 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, with report of committee recommending amendment and
passage, was taken up for consideration.
Senator Flynn offered amendment S-3409 filed by the committee on
Appropriations on April 12, 1995, to pages 2-3, 5-7, 21 and 23 of the
bill.
Senator Giannetto offered amendment S-3429 filed by Senators
Giannetto and Flynn from the floor to amendment S-3409 and moved its
adoption.
Amendment S-3429 was adopted by a voice vote.
Senator Rensink called for a division of amendment S-3409 as
amended: lines 3 and 4 as division S-3409A and lines 5-43 as division
S-3409B.
Senator Flynn moved the adoption of division S-3409B as amended,
which motion prevailed by a voice vote.
Senator Flynn moved the adoption of division S-3409A, which motion
prevailed by a voice vote.
Senator Tinsman offered amendment S-3422 filed by Senators Tinsman,
et al., from the floor to page 18 of the bill and moved its adoption.
Amendment S-3422 was adopted by a voice vote.
Senator Murphy offered amendment S-3412 filed by him from the floor
to page 22 of the bill and moved its adoption.
Amendment S-3412 was adopted by a voice vote.
Senator Flynn 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. 530) the vote was:
Ayes, 47:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond 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, 3:
Freeman Hansen Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that House File
530 be immediately messaged to the House.
The Senate stood at ease at 4:12 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 4:15 p.m., President Boswell
presiding.
UNFINISHED BUSINESS
(Deferred April 6, 1995)
Senate File 467
On motion of Senator Black, Senate File 467, a bill for an act
relating to agriculture and natural resources, by providing for
appropriations and revenue, providing related statutory changes, and
providing effective dates, was taken up for consideration.
Senator Black offered amendment S-3424 filed by him from the floor
to strike everything after the enacting clause and to the title page of
the bill and moved its adoption.
Amendment S-3424 was adopted by a voice vote.
Senator Black asked and received unanimous consent that House File
553 be substituted for Senate File 467 as amended.
House File 553
On motion of Senator Black, House File 553, a bill for an act
relating to agriculture and natural resources, by providing for
appropriations and revenue, providing related statutory changes, and
providing effective dates, was taken up for consideration.
Senator Black offered amendment S-3436 filed by him from the floor
to strike everything after the enacting clause and to the title page of
the bill.
Senator Judge offered amendment S-3442 filed by her from the floor
to page 1 of amendment S-3436 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3442 to amendment S-3436 be
adopted? (H.F. 553) the vote was:
Ayes, 18:
Boswell Connolly Dearden Deluhery
Dvorsky Fink Flynn Fraise
Halvorson Hammond Horn Judge
Kibbie Kramer Neuhauser Sorensen
Szymoniak Vilsack
Nays, 27:
Banks Bartz Bennett Bisignano
Black Boettger Douglas Drake
Gettings Giannetto Gronstal Hedge
Husak Iverson Lind Lundby
Maddox McKean McLaren Murphy
Priebe Redfern Rensink Rife
Rittmer Tinsman Zieman
Absent or not voting, 5:
Borlaug Freeman Hansen Jensen
Palmer
Amendment S-3442 lost.
Senator Priebe offered amendment S-3440 filed by him from the floor
to pages 9 and 14 of amendment S-3436 and moved its adoption.
Amendment S-3440 was adopted by a voice vote.
Senator Judge offered amendment S-3443 filed by Senators Judge and
Neuhauser from the floor to page 14 of amendment S-3436 and moved its
adoption.
Amendment S-3443 was adopted by a voice vote.
Senator Murphy offered amendment S-3444 filed by Senators Murphy,
et al., from the floor to page 24 of amendment S-3436 and moved its
adoption.
Amendment S-3444 was adopted by a voice vote.
Senator Black moved the adoption of amendment S-3436 as amended,
which motion prevailed by a voice vote.
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. 553) the vote was:
Ayes, 46:
Banks Bartz Bennett Bisignano
Black Boettger Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hammond 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, 4:
Borlaug Freeman Hansen Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Black asked and received unanimous consent that Senate File
467 be withdrawn from further consideration of the Senate.
INTRODUCTION OF RESOLUTIONS
Senate Resolution 15, by committee on Rules and Administration, a
resolution deferring action on the confirmation of an appointment
submitted by the Governor.
Read first time and placed on calendar.
Senate Resolution 16, by Banks, a senate resolution to urge and
petition the federal government to reexamine the requirements of the
conservation reserve program administered by the United States
Department of Agriculture in order to ensure that suitable land under
the program is eligible for suitable uses relating to the grazing by
livestock.
Read first time and passed on file.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
553 be immediately messaged to the House.
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 15, a resolution deferring action
on the confirmation of an appointment submitted by the Governor.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 5: Horn, Boswell, Bisignano, Gettings and Gronstal.
Nays, 4: Rife, Husak, 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 15.
Senate Resolution 15
On motion of Senator Gronstal, Senate Resolution 15, a resolution
deferring action on the confirmation of an appointment submitted by the
Governor (Ted R. Chapler), was taken up for consideration.
Senator Gronstal moved the adoption of Senate Resolution 15, which
motion prevailed by a voice vote.
MOTION TO RECONSIDER ADOPTED
(Governors Appointee)
Senator McKean called up the motion to reconsider the vote by which
the Senate refused to confirm the appointment of Esther M. Strother as a
member of the Environmental Protection Commission, filed by him on April
13, 1995, found on page 1201 of the Senate Journal and moved its
adoption.
A non record roll call was requested.
The ayes were 30, nays 1.
The motion prevailed and the confirmation of Esther M. Strother was
taken up for reconsideration.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Bartz for the remainder of the day on request of Senator
Lind.
Senator Black moved that the appointment of Esther M. Strother be
confirmed by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 27:
Banks Bennett Boettger Douglas
Drake Flynn Giannetto Halvorson
Hedge Husak Iverson Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Redfern Rensink Rife
Rittmer Tinsman Zieman
Nays, 16:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Gettings Gronstal Hammond Horn
Palmer Sorensen Szymoniak Vilsack
Absent or not voting, 7:
Bartz Borlaug Fraise Freeman
Hansen Jensen Priebe
The appointee not having received a two-thirds vote, the Chair
declared the Senate refused to confirm the appointment of Esther M.
Strother.
BILLS PLACED ON UNFINISHED BUSINESS CALENDAR
Senator Horn asked and received unanimous consent that the
following bills be referred from the Regular Calendar and placed on the
Unfinished Business Calendar:
House Files 29, 94, 103, 126, 139, 203, 217, 247, 252, 258, 288,
340, 393, 428, 437, 461, 476, 486, 492, 494, 507, 519, 520, 528 and
House Joint Resolution 13.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that House File
519 be referred from the Unfinished Business Calendar to the committee
on Agriculture.
The Senate stood at ease at 5:15 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 5:37 p.m., President Boswell
presiding.
MOTION TO RECONSIDER ADOPTED
(Governors Appointee)
Senator Tinsman filed the following motion to reconsider from the
floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which the
confirmation of Harold M. Thompson failed to be approved by the Senate
on April 13, 1995.
A record roll call was requested.
On the question Shall the motion to reconsider be adopted? the
vote was:
Ayes, 25:
Bisignano Black Boswell Connolly
Deluhery Douglas Drake Dvorsky
Fink Flynn Gronstal Halvorson
Horn Kibbie Kramer Lundby
Murphy Neuhauser Palmer Priebe
Rittmer Szymoniak Tinsman Vilsack
Zieman
Nays, 20:
Banks Bennett Boettger Dearden
Fraise Gettings Giannetto Hammond
Hedge Husak Iverson Judge
Lind Maddox McKean McLaren
Redfern Rensink Rife Sorensen
Absent or not voting, 5:
Bartz Borlaug Freeman Hansen
Jensen
The motion prevailed and the appointment of Harold M. Thompson as
Executive Director of the Iowa Telecommunications and Technology
Commission was taken up for reconsideration.
Senator Dvorsky asked and received unanimous consent that action on
the confirmation of Harold M. Thompson be deferred.
MOTION TO RECONSIDER ADOPTED
(Governors Appointee)
Senator Murphy filed the following motion to reconsider from the
floor and moved its adoption.
MR. PRESIDENT: I move to reconsider the vote by which the
confirmation of David J. Fisher failed to be approved by the Senate on
April 13, 1995.
A record roll call was requested.
On the question Shall the motion to reconsider be adopted? the
vote was:
Ayes, 26:
Bennett Bisignano Boettger Boswell
Deluhery Douglas Drake Dvorsky
Fink Hedge Horn Husak
Iverson Kramer Lundby Maddox
Murphy Neuhauser Palmer Priebe
Redfern Rife Rittmer Tinsman
Vilsack Zieman
Nays, 19:
Banks Black Connolly Dearden
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Judge
Kibbie Lind McKean McLaren
Rensink Sorensen Szymoniak
Absent or not voting, 5:
Bartz Borlaug Freeman Hansen
Jensen
The motion prevailed and the appointment of David J. Fisher as a
member of the State Board of Regents was taken up for reconsideration.
Senator Murphy asked and received unanimous consent that action on
the confirmation of David J. Fisher be deferred.
The Senate stood at ease at 5:15 p.m. until the fall of the gavel.
The Senate resumed session at 6:37 p.m., President Boswell
presiding.
COMMITTEE REPORTS
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 17, a Senate Resolution deferring
action on the confirmation of an appointment submitted by the Governor.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 6: Horn, Boswell, Rife, Husak, Kramer and Lind. Nays,
2: Gettings and Gronstal. Absent or not voting, 1: Bisignano.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 18, a Senate Resolution deferring
action on the confirmation of an appointment submitted by the Governor.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 6: Horn, Boswell, Rife, Husak, Kramer and Lind. Nays,
2: Gettings and Gronstal. Absent or not voting, 1: Bisignano.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF RESOLUTIONS
Senate Resolution 17, by committee on Rules and Administration, a
resolution deferring action on the confirmation of an appointment
submitted by the Governor.
Read first time and placed on calendar.
Senate Resolution 18, by committee on Rules and Administration, a
senate resolution deferring action on the confirmation of an appointment
submitted by the Governor.
Read first time and placed on calendar.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Priebe for the remainder of the day on request of Senator
Sorensen and Senator McKean for the remainder of the day on request of
Senator Lind.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 17.
Senate Resoluton 17
On motion of Senator Dvorsky, Senate Resolution 17, a resolution
deferring action on the confirmation of an appointment submitted by the
Governor (Harold M. Thompson), was taken up for consideration.
Senator Dvorsky moved the adoption of Senate Resolution 17.
A record roll call was requested.
On the question Shall the resolution be adopted? (S.R. 17) the vote
was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 23:
Bisignano Black Boswell Connolly
Deluhery Douglas Drake Dvorsky
Fink Flynn Gronstal Halvorson
Horn Judge Kibbie Lundby
Murphy Neuhauser Palmer Rittmer
Szymoniak Tinsman Vilsack
Nays, 19:
1222 JOURNAL OF THE SENATE 95th Day
Bennett Boettger Dearden Fraise
Gettings Giannetto Hammond Hedge
Husak Iverson Kramer Lind
Maddox McLaren Redfern Rensink
Rife Sorensen Zieman
Voting present, 1:
Banks
Absent or not voting, 7:
Bartz Borlaug Freeman Hansen
Jensen McKean Priebe
The motion lost and resolution was defeated.
BUSINESS PENDING
The Senate resumed consideration of the appointment of David J.
Fisher as a member of the State Board of Regents, previously deferred.
Senator Connolly moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 25:
Banks Bennett Bisignano Boettger
Boswell Connolly Douglas Drake
Dvorsky Hedge Horn Husak
Iverson Kramer Lind Lundby
Maddox McLaren Palmer Redfern
Rensink Rife Rittmer Tinsman
Zieman
Nays, 18:
Black Dearden Deluhery Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Judge
Kibbie Murphy Neuhauser Sorensen
Szymoniak Vilsack
Absent or not voting, 7:
95th Day THURSDAY, APRIL 13, 1995 1223
Bartz Borlaug Freeman Hansen
Jensen McKean Priebe
The appointee not having received a two-thirds vote, the Chair
declared the Senate refused to confirm the appointment of David J.
Fisher.
APPENDIX
SIMILAR BILL RECEIVED
On April 13, 1995, House File 553 was received and attached to
similar Senate File 467 on the Senate Calendar.
PRESENTATION OF VISITORS
The following visitors were present in the Senate gallery:
Sixth grade students from Carter Lake School, Carter Lake,
accompanied by Jen Siglin and Kristi Promnitz. Senator Gronstal.
BILL ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bill to
committee:
H.F. 562 Judiciary
AMENDMENTS FILED
S-3424 S.F. 467 Dennis H. Black
S-3425 S.F. 66 House amendment
S-3426 S.F. 411 Patrick J. Deluhery
S-3427 S.F. 226 House amendment
S-3428 S.F. 189 House amendment
S-3429 H.F. 530 Randal J. Giannetto
Tom Flynn
S-3430 S.F. 400 House amendment
S-3431 S.F. 409 House amendment
S-3432 S.F. 439 House amendment
S-3433 S.F. 433 House amendment
S-3434 S.F. 423 House amendment
S-3435 S.F. 437 House amendment
S-3436 H.F. 553 Dennis H. Black
S-3437 S.F. 481 Richard F. Drake
Rod Halvorson
Don Gettings
Stewrt E. Iverson, Jr.
S-3438 S.F. 473 Stewart E. Iverson, Jr.
William D. Palmer
Albert E. Sorensen
Derryl McLaren
S-3439 H.F. 303 Jim Lind
Tom Flynn
Donald B. Redfern
Mary A. Lundby
S-3440 H.F. 553 Berl E. Priebe
S-3441 H.F. 258 Tom Vilsack
Dick L. Dearden
Randal J. Giannetto
Derryl McLaren
Mary Kramer
Jim Lind
S-3442 H.F. 553 Patty Judge
S-3443 H.F. 553 Patty Judge
Mary Neuhauser
S-3444 H.F. 553 Larry Murphy
Allen Borlaug
Dennis H. Black
Brad Banks
S-3445 S.F. 481 Rod Halvorson
S-3446 H.F. 103 Tom Vilsack
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 6:47 p.m., until
2:00 p.m., Monday, April 17, 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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