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ONE HUNDREDTH CALENDAR DAY
FIFTY-NINTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, April 18, 1995
The Senate met in regular session at 9:12 a.m., President Boswell
presiding.
Prayer was offered by Candy Boucher, Catholic Campus Minister for
Drake University, Des Moines, who sang Amazing Grace.
The Journal of Monday, April 17, 1995, was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Halvorson until he arrives on request of Senator Horn.
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 17, 1995, passed the following bills in which the
concurrence of the Senate is asked:
House File 373, a bill for an act relating to establishing family
health accounts and a state pilot project and providing applicability
and effective date provisions.
This bill was read first time and passed on file.
House File 482, a bill for an act relating to the funding for the
Iowa communications network and providing an appropriation.
This bill was read first time and passed on file.
House File 559, a bill for an act defining multiple housing
cooperatives and certain other property of nonprofit organizations as
residential property for purposes of assessing the value of the property
for taxation purposes, and providing for the Acts retroactive
applicability.
This bill was read first time and passed on file.
House File 560, a bill for an act relating to the definition of
designated person for purposes of the family farm tax credit and
providing effective and applicability dates.
This bill was read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 46 present, 4 absent and a quorum present.
HOUSE AMENDMENTS CONSIDERED
Senate File 226
Senator Fraise called up for consideration Senate File 226, a bill
for an act relating to the disposition of valueless mobile homes,
modular homes, and manufactured homes, amended by the House, and moved
that the Senate concur in House amendment S-3427 filed April 13, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Fraise moved that the bill as amended by the House and
concurred in by the Senate, 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. 226) 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
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Bisignano Halvorson
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 437
Senator Kibbie called up for consideration Senate File 437, a bill
for an act relating to the entitlement to benefits and dividends under
the Iowa public employees retirement system, amended by the House, and
moved that the Senate concur in House amendment S-3435 filed April 13,
1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Kibbie moved that the bill as amended by the House and
concurred in by the Senate, be read the last time now and placed upon
its passage, which motion prevailed by a voice vote and the bill was
read the last time.
On the question Shall the bill pass? (S.F. 437) the vote was:
Ayes, 49
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal 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:
Halvorson
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senate File 400
Senator Redfern called up for consideration Senate File 400, a bill
for an act providing for the reincorporation of nonprofit corporations
and providing for retroactive applicability and effective dates, amended
by the House, and moved the Senate concur in House amendment S-3430
filed April 13, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Redfern moved that the bill as amended by the House and
concurred in by the Senate, 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. 400) 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.
Senate File 439
Senator Boettger called up for consideration 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, amended by the House, and
moved that the Senate concur in House amendment S-3432 filed April 13,
1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Boettger moved that the bill as amended by the House and
concurred in by the Senate, 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. 439) 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.
UNFINISHED BUSINESS CALENDAR
House File 461
On motion of Senator Hansen, House File 461, a bill for an act
relating to the Iowa communications network by directing the Iowa
telecommunications and technology commission to conduct studies
concerning the possible sale of the network, and the possible conversion
of the network into a public utility, with report of committee
recommending passage, and placed on the Unfinished Business Calendar on
April 13, 1995, was taken up for consideration.
Senator Hansen asked and received unanimous consent that action on
House File 461 be deferred.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senate File 474
On motion of Senator Palmer, Senate File 474, a bill for an act
relating to state and local taxes including appeals of department of
revenue and finance actions, the prohibition of unconstitutional or
illegal tax collections, assessment procedures pertaining to amended
returns, corporate income tax rates, sales tax on test laboratory
services, collection of sales tax by out-of-state retailers, interest
accrual on sales and use tax refunds, sales tax permit denial for
delinquent taxes, bonding provisions for sales tax and environmental
protection charge contested case decisions, costs associated with
contested case hearings, penalty for underpayment of corporation income
and franchise taxes, services subject to use tax, penalty for
underpayment of use tax, the repeal of obsolete property tax provisions,
and imposition of the drug excise tax on unprocessed marijuana plants
and providing effective and applicability date provisions, was taken up
for consideration.
Senator Palmer asked and received unanimous consent that House File
554 be substituted for Senate File 474.
House File 554
On motion of Senator Palmer, House File 554, a bill for an act
relating to state and local taxes including appeals of department of
revenue and finance actions, the prohibition of unconstitutional or
illegal tax collections, assessment procedures pertaining to amended
returns, corporate income tax rates, sales tax on test laboratory
services, collection of sales tax by out-of-state retailers, interest
accrual on sales and use tax refunds, sales tax permit denial for
delinquent taxes, bonding provisions for sales tax and environmental
protection charge contested case decisions, costs associated with
contested case hearings, penalty for underpayment of corporation income
and franchise taxes, services subject to use tax, penalty for
underpayment of use tax, the repeal of obsolete property tax provisions,
and imposition of the drug excise tax on unprocessed marijuana plants
and providing effective and applicability date provisions, was taken up
for consideration.
Senator Judge took the chair at 9:51 a.m.
Senator Palmer 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. 554) 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.
Senator Palmer asked and received unanimous consent that Senate
File 474 be withdrawn from further consideration of the Senate.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senate File 475
On motion of Senator Murphy, Senate File 475, a bill for an act
relating to state financial provisions and providing applicability
provisions and effective dates, was taken up for consideration.
Senator Murphy moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 475) the vote was:
Ayes, 43:
Bennett Bisignano Black Boettger
Boswell Connolly Dearden Deluhery
Douglas Drake Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
Jensen Judge Kibbie Kramer
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 7:
Banks Bartz Borlaug Iverson
Lind McLaren Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
HOUSE AMENDMENT CONSIDERED
Senate File 93
Senator Bisignano called up for consideration 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, and providing penalties, amended by the House, and
moved that the Senate concur in House amendment S-3383 filed April 11,
1995.
The motion lost by a voice vote and the Senate refused to concur in
the House amendment.
UNFINISHED BUSINESS
(Deferred April 11, 1995)
House File 460
The Senate resumed consideration of 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, deferred April
11, 1995.
Senator McKean offered amendment S-3423 filed by Senators McKean
and Connolly on April 13, 1995, to page 2 of the bill and moved its
adoption.
Amendment S-3423 was adopted by a voice vote.
Senator Connolly moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 460) 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.
President Boswell took the chair at 10:35 a.m.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senate File 479
On motion of Senator Connolly, Senate File 479, a bill for an act
relating to the definition of entities eligible for property tax
exemption for construction of speculative shell buildings, was taken up
for consideration.
Senator Connolly asked and received unanimous consent that House
File 556 be substituted for Senate File 479.
House File 556
On motion of Senator Connolly, House File 556, a bill for an act
relating to the definition of entities eligible for property tax
exemption for construction of speculative shell buildings, was taken up
for consideration.
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. 556) 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.
Senator Connolly asked and received unanimous consent that Senate
File 479 be withdrawn from further consideration of the Senate.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senate File 481
On motion of Senator Halvorson, Senate File 481, a bill for an act
relating to and making appropriations to the state department of
transportation including allocation and use of moneys from the general
fund, road use tax fund, and primary road fund, and making
appropriations to various state agencies for capital projects, to the
primary road fund, to county fairs and to the Iowa state fair from the
rebuild Iowa infrastructure account and the general fund, relating to
the living roadway trust fund and the state roadside specialist, the
primary road and state highway system, and other transportation-related
statutory changes, requiring transportation-related studies, making
technical changes, and providing an effective date, was taken up for
consideration.
Senator Halvorson offered amendment S-3418 filed by him on April
13, 1995, to page 6 of the bill and moved its adoption.
Amendment S-3418 was adopted by a voice vote.
Senator Halvorson offered amendment S-3445 filed by him on April
13, 1995, to page 6 of the bill and moved its adoption.
Amendment S-3445 was adopted by a voice vote.
Senator Halvorson offered amendment S-3450 filed by him on April
17, 1995, to pages 7 and 10 of the bill and moved its adoption.
Amendment S-3450 was adopted by a voice vote.
Senator Drake offered amendment S-3437 filed by Senators Drake, et
al., on April 13, 1995, to page 13 of the bill.
President pro tempore Bisignano took the chair at 10:52 a.m.
Senator Lind offered amendment S-3463 filed by him from the floor
to amendment S-3437, moved its adoption and requested a record roll
call.
On the question Shall amendment S-3463 to amendment S-3437 be
adopted? (S.F. 481) the vote was:
Ayes, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Nays, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Amendment S-3463 lost.
Senator Drake moved the adoption of amendment S-3437, which motion
prevailed by a voice vote.
President Boswell took the chair at 11:12 a.m.
Senator Halvorson offered amendment S-3416 filed by Senators
Halvorson and Maddox on April 13, 1995, to page 14 of the bill.
Senator Murphy raised the point of order that amendment S-3416 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-3416 out of
order.
Senator Halvorson asked and received unanimous consent that action
on amendment S-3417 filed by Senators Halvorson and McKean on April 13,
1995, to page 14 and the title page of the bill be deferred.
Senator Fraise offered amendment S-3421 filed by Senators Fraise,
et al., on April 13, 1995, to page 14 of the bill.
Senator Murphy raised the point of order that amendment S-3421 was
not germane to the bill.
The Chair ruled the point not well taken and amendment S-3421 in
order.
Senator Fraise moved the adoption of amendment S-3421.
A record roll call was requested.
On the question Shall amendment S-3421 be adopted? (S.F. 481) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 25:
Bartz Bennett Black Boettger
Borlaug Boswell Deluhery Douglas
Fink Fraise Freeman Gettings
Gronstal Hedge Horn Husak
Judge Kibbie McKean McLaren
Neuhauser Palmer Priebe Sorensen
Vilsack
Nays, 23:
Banks Bisignano Connolly Dearden
Drake Dvorsky Flynn Giannetto
Halvorson Hammond Hansen Iverson
Jensen Kramer Lind Lundby
Maddox Murphy Redfern Rensink
Rittmer Tinsman Zieman
Absent or not voting, 2:
Rife Szymoniak
Amendment S-3421 was adopted.
Senator Hammond withdrew amendment S-3469 filed by her from the
floor to page 4 of the bill.
Senator Lind filed the following motion to reconsider from the
floor, moved its adoption and requested a record roll call.
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-3445 to Senate File 481 was adopted by the Senate on April 18, 1995.
On the question Shall the motion to reconsider be adopted? (S.F.
481) the vote was:
Ayes, 20:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Hedge
Iverson Jensen Kramer Lind
Lundby Maddox Redfern Rensink
Rife Rittmer Tinsman Zieman
Nays, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Horn Husak Judge
Kibbie McLaren Murphy Neuhauser
Palmer Priebe Sorensen Vilsack
Absent or not voting, 2:
McKean Szymoniak
The motion lost.
Amendment S-3473 filed by Senator Lind from the floor to amendment
S-3445 was out of order.
Senator Halvorson asked and received unanimous consent to withdraw
amendment S-3417 by Senators Halvorson and McKean to page 14 and the
title page of the bill, previously deferred.
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? (S.F. 481) the vote was:
Ayes, 40:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
Jensen Judge Kibbie Kramer
Maddox McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rittmer Sorensen Tinsman Vilsack
Nays, 8:
Banks Borlaug Giannetto Iverson
Lind Lundby Rife Zieman
Absent or not voting, 2:
McKean Szymoniak
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
554, 460, 556, and Senate Files 481, 475 and 93 be immediately messaged
to the House, and to send an immediate message to the House on Senate
Files 226, 400, 437 and 439.
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 18, 1995, passed the following bills in which the
concurrence of the House was asked:
Senate File 228, a bill for an act relating to the statewide
notification center by providing that the center is subject to the open
meetings and public records law, requiring certain financial information
to be reported, establishing an audit requirement, and providing a
penalty.
Senate File 292, a bill for an act relating to the powers and
duties of the department of natural resources by authorizing the use of
certain revenue to repay loans related to sewage collection and
treatment plants in state parks and recreation areas.
Senate File 347, a bill for an act establishing a study regarding
the inclusion of health care coverage costs for preventive care services
and mental health and substance abuse treatment services under basic and
standard health benefit plans, and providing for conditional
effectiveness.
ALSO: That the House has on April 18, 1995, amended and passed the
following bills in which the concurrence of the Senate is asked:
Senate File 85, a bill for an act providing for the regulation of
farm deer and making penalties applicable (S-3467).
Senate File 432, a bill for an act relating to sexually violent
predators, by providing that the place of commitment shall be under the
control of the department of corrections, by requiring the state to pay
the costs incurred by a county for services in sexually violent offender
proceedings, and providing an effective date (S-3468).
ALSO: That the House has on April 18, 1995, concurred in the Senate
amendment and passed the following bills in which the concurrence of the
House was asked:
House File 128, a bill for an act relating to administrative
procedures and the joint investment of funds of rural water districts.
House File 289, a bill for an act relating to solid waste tonnage
fees.
House File 346, a bill for an act relating to the verification and
defendants signature required for uniform citations and complaints and
to providing false information on a uniform citation and complaint and
making an existing penalty applicable.
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.
ALSO: That the House has on April 18, 1995, amended the Senate
amendment, concurred in the Senate amendment as amended, and passed the
following bill in which the concurrence of the Senate is asked:
House File 41, a bill for an act relating to the establishment of
legal settlement for certain blind persons and providing an effective
date (S-3466 to H-3863).
ALSO: That the House has on April 18, 1995, refused to concur in
the Senate amendment to the following bill in which the concurrence of
the House was 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.
RECESS
On motion of Senator Horn, the Senate recessed at 12:30 p.m., until
1:45 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: April 17, 1995, 12:33 p.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: Discussed House File 519; proposed committee
amendments 519. 229 and 519.729 were adopted; proposed committee
amendment 519.519 was not adopted.
Adjourned: 2:07 p.m.
APPROPRIATIONS
Convened: April 17, 1995, 5:25 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, McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: none.
Committee Business: Recommended passage of House File 481 as amended;
amended and approved SSB 362.1 as a committee bill.
Adjourned: 5:53 p.m.
PETITIONS
The following petitions favoring reestablishing funding for the
Older Iowans Legislature were presented and placed on file by:
Senator Boettger from 31 residents of Shelby County.
Senator Douglas from 34 residents of Dallas County.
Senator Douglas from 139 residents of Madison County.
The following petitions were presented and placed on file by:
Senator Bartz from 95 residents of northern Iowa opposing
legislation removing their parental rights by requiring mandatory helmet
usage for bicycles.
Senator Bartz from 114 residents of northern Iowa opposing
legislation requiring mandatory helmet usage for motorcycles.
Senator McLaren from 313 residents of Montgomery County favoring
issuance of motor vehicle licenses by county treasurers.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Thirty-nine fourth and fifth grade students, members of Campfire
Girls and Boys from Cedar Rapids, accompanied by Kathy Spalti. Senators
Dvorsky, Horn, Lundby and McKean.
Sixteen eighth grade students from Sacred Heart School, Boone,
accompanied by Tim McCloud. Senator Sorensen.
Eleven seventh and eighth grade students from Sacred Heart School,
Fort Dodge, accompanied by Janet Walkup. Senator Halvorson.
The Chair welcomed the Honorable Jack W. Hester, former member of
the House and Senate from Pottawattamie County, Honey Creek, Iowa, who
was present in the Senate gallery.
SUBCOMMITTEE ASSIGNMENTS
Senate File 482
JUDICIARY: Giannetto, Chair; Fraise, McKean, Redfern and Vilsack
House Joint Resolution 14
WAYS AND MEANS: Husak, Chair; Bennett, Connolly, Hedge and Palmer
REPORTS OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
enrolling Senate File 117, the following corrections were made:
1. Page 2, line 27, the number 142C.6 was changed to the number
142C.5.
2. Page 2, line 28, the number 142C.6 was changed to the number
142C.5.
3. Page 7, line 32, the number 142C.12 was changed to the number
142C.11.
4. Page 8, line 29, the number 142C.6 was changed to the number
142C.5.
ALSO: That in enrolling Senate File 118, the following correction
was made:
1. Page 4, lines 17 and 18, the word orthopaedic was changed to the
word orthopedic.
ALSO: That in enrolling Senate File 278, the following correction
was made:
1. Page 2, line 33, the words or ostrichs, rheas, or emus were
changed to the words or ostriches, rheas, or emus.
ALSO: That in enrolling Senate File 446, the following corrections
were made:
1. Page 9, line 29, the word and numbers 14 and 15 were changed to
the word and numbers 15 and 16.
2. Page 9, line 34, the word and number subsection 9 were changed
to the word and number subsection 10.
JOHN F. DWYER Secretary of the Senate
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MR. PRESIDENT: The Secretary of the Senate respectfully reports
that the following bills have been enrolled, signed by the President of
the Senate and the Speaker of the House, and presented to the Governor
for his approval on this 18th day of April, 1995:
Senate Files 9, 94, 117, 118, 140, 157, 159, 162, 175, 178, 214,
234, 255, 271, 274, 278, 333, 375 and 446.
JOHN F. DWYER Secretary of the Senate
AMENDMENTS FILED
S-3456 H.F. 492 Elaine Szymoniak
S-3457 H.F. 303 Jim Lind
S-3458 H.F. 461 Derryl McLaren
S-3459 H.F. 486 Sheldon Rittmer
S-3460 H.F. 486 Sheldon Rittmer
S-3461 S.F. 19 Elaine Szymoniak
S-3462 H.F. 492 Johnie Hammond
S-3463 S.F. 481 Jim Lind
S-3464 S.F. 477 Mary Neuhauser
S-3465 H.F. 494 Richard F. Drake
Michael E. Gronstal
S-3466 H.F. 41 House amendment
S-3467 S.F. 85 House amendment
S-3468 S.F. 432 House amendment
S-3469 S.F. 481 Johnie Hammond
S-3470 S.F. 480 Mary Neuhauser
S-3471 H.F. 552 Mary Neuhauser
S-3472 H.F. 552 Merlin E. Bartz
S-3473 S.F. 481 Jim Lind
S-3474 S.F. 478 Tony Bisignano
William D. Palmer
S-3475 H.F. 461 Derryl McLaren
Donald B. Redfern
AFTERNOON SESSION
The Senate reconvened at 2:07 p.m., Senator Judge presiding.
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 18, 1995, passed the following bills in which the
concurrence of the House was asked:
Senate File 106, a bill for an act to provide disaster leave for
certain state employees.
Senate File 142, a bill for an act establishing felonious child
endangerment as a nonbailable offense.
Senate File 176, a bill for an act relating to the filing of
intergovernmental agreements for the joint exercise of governmental
powers in certain counties.
Senate File 197, a bill for an act relating to the confidentiality
of financial information provided to the department of agriculture and
land stewardship and providing an effective date.
Senate File 225, a bill for an act eliminating requirements for
competitive bids regarding the printing of election ballots.
Senate File 311, a bill for an act relating to symbols indicating
medical directives on a validation document for license renewal by mail
and on a drivers license or nonoperators identification card.
Senate File 346, a bill for an act relating to the establishment
of practitioner review committees for the purposes of evaluating and
monitoring practitioners who self-report physical or mental impairments.
Senate File 351, a bill for an act authorizing certain cities to
appoint additional members to certain city commissions.
Senate File 371, a bill for an act relating to prohibiting a
polygraph examination of a victim of sexual abuse as a precondition to
an investigation by a law enforcement agency.
Senate File 406, a bill for an act extending the periods in which
a school or school district may apply to the department of education to
waive the requirement that the school or school district provide an
articulated sequential elementary-secondary guidance program and the
requirement that the school or school district provide a media services
program.
Senate File 407, a bill for an act relating to alkaline manganese
batteries.
ALSO: That the House has on April 18, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 197, a bill for an act relating to the expansion of the
volunteer physician program to include other health care providers.
This bill was read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 47 present, 3 absent and a quorum present.
President Boswell took the chair at 2:18 p.m.
HOUSE AMENDMENTS CONSIDERED
Senate File 290
Senator Gettings called up for consideration 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 an effective date, amended by the House in House amendment
S-3391 filed April 11, 1995.
Senator Halvorson offered amendment S-3395 filed by him on April
12, 1995, to House amendment S-3391 and moved its adoption.
Amendment S-3395 was adopted by a voice vote.
Senator Gettings moved that the Senate concur in the House
amendment as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Gettings moved that the bill as amended by the House,
further amended and concurred in by the Senate, 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. 290) 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.
Senate File 409
Senator McKean called up for consideration Senate File 409, a bill
for an act relating to the activities of clerks of the district court,
and providing additional court fees, amended by the House, and moved
that the Senate concur in House amendment S-3431 filed April 13, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator McKean moved that the bill as amended by the House and
concurred in by the Senate, 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. 409) 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.
CONSIDERATION OF BILLS
(Appropriations Calendar)
Senator Husak asked and received unanimous consent to take up for
consideration Senate File 483.
Senate File 483
On motion of Senator Dvorsky, Senate File 483, a bill for an act
establishing a school improvement and technology program, providing for
properly related matters, and making an appropriation, was taken up for
consideration.
Senator Dvorsky moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 483) the vote was:
Ayes, 42:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Kramer Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack
Nays, 8:
Douglas Drake Hedge Iverson
Jensen Lind Rife Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 477
On motion of Senator Neuhauser, Senate File 477, a bill for an act
establishing an oversight, audit and government reform committee, and
providing an effective date, was taken up for consideration.
Senator Neuhauser offered amendment S-3464 filed by her from the
floor to pages 1 and 4 of the bill and moved its adoption.
Amendment S-3464 was adopted by a voice vote.
Senator Lundby asked and received unanimous consent that action on
Senate File 477 be deferred.
UNFINISHED BUSINESS
(Deferred April 17, 1995)
Senate File 476
The Senate resumed consideration of Senate File 476, a bill for an
act relating to interest earned on rental deposits, deferred April 17,
1995.
Senator Connolly moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 476) 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.
MOTION TO RECONSIDER ADOPTED
Senator Hansen called up the motion to reconsider House File 485
filed by him on April 11, 1995, found on page 1127 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (H.F.
485) 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 Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 1:
Kibbie
The motion prevailed.
Senator Hansen moved to reconsider the vote by which House File 485
went to its last reading, which motion prevailed by a voice vote.
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 reconsideration.
Senator Hansen offered amendment S-3393 filed by him on April 12,
1995, to page 1 of the bill and moved its adoption.
Amendment S-3393 was adopted by a voice vote.
Senator McKean moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 485) the vote was:
Ayes, 45:
Banks Bartz Bennett Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Hammond
Hansen Hedge Horn Husak
Iverson Jensen Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 5:
Bisignano Dvorsky Halvorson Judge
Kibbie
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
The motion to reconsider House File 485 filed by Senator Gronstal
on April 11, 1995, and found on page 1128 of the Senate Journal, was out
of order.
Senator McKean asked and received unanimous consent that Senate
File 452 be withdrawn from further consideration of the Senate.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
290, 483, 476 and House File 485 be immediately messaged to the House,
and to send an immediate message to the House on Senate File 409.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 481.
House File 481
On motion of Senator Neuhauser, House File 481, a bill for an act
appropriating federal funds made available from federal block grants and
other federal grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than anticipated
or if federal block grants are more or less than anticipated or if
categorical grants are consolidated into new or existing block grants
and providing an effective and retroactive applicability date, with
report of committeee recommending amendment and passage, was taken up
for consideration.
Senator Neuhauser offered amendment S-3455 filed by the committee
on Appropriations on April 17, 1995, to pages 6 and 18-26 of the bill
and moved its adoption.
Amendment S-3455 was adopted by a voice vote.
Senator Neuhauser moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 481) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake 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:
Dvorsky
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
SENATE INSISTS
House File 553
Senator Black called up for consideration 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, and moved that
the Senate insist on its amendment.
The motion prevailed by a voice vote and the Senate insisted on its
amendment.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the following conference committee on House
File 553 on the part of the Senate: Senators Black, Chair; Husak,
Priebe, Banks and McLaren.
BUSINESS PENDING
House File 461
The Senate resumed consideration of House File 461, a bill for an
act relating to the Iowa communications network by directing the Iowa
telecommunications and technology commission to conduct studies
concerning the possible sale of the network, and the possible conversion
of the network into a public utility, previously deferred.
Senator McLaren offered amendment S-3475 filed by Senators McLaren
and Redfern from the floor to page 1 of the bill and moved its adoption.
Amendment S-3475 was adopted by a voice vote.
Senator McLaren withdrew amendment S-3458 filed by him from the
floor to page 2 of the bill.
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. 461) the vote was:
Ayes, 47:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 3:
Deluhery Kibbie Priebe
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS CALENDAR
House File 217
On motion of Senator Halvorson, House File 217, a bill for an act
relating to education requirements for nurses, with report of committee
recommending passage, and placed on the Unfinished Business Calendar on
April 13, 1995, 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. 217) 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 428
On motion of Senator Fraise, House File 428, a bill for an act
relating to the expenditure of moneys deposited in an E911 service fund,
with report of committee recommending passage, and placed on the
Unfinished Business Calendar on April 13, 1995, was taken up for
consideration.
Senator Banks asked and received unanimous consent that action on
House File 428 be deferred.
House File 492
On motion of Senator Szymoniak, House File 492, a bill for an act
relating to landlord remedies for tenant noncompliance with a rental
agreement and acts constituting a clear and present danger, with report
of committee recommending amendment and passage, and placed on the
Unfinished Business Calendar on April 13, 1995, was taken up for
consideration.
Senator Szymoniak asked and received unanimous consent to withdraw
amendment S-3372 filed by the committee on Judiciary on April 6, 1995,
to pages 1, 5 and the title page of the bill.
The Chair ruled amendment S-3462 filed by Senator Hammond from the
floor to amendment S-3372, out of order.
Senator Szymoniak offered amendment S-3456 filed by her from the
floor to pages 1-5 and the title page of the bill.
Senator Hammond called for a division of amendment S-3456:
Division S-3456A: Page 1, lines 3-50; page 2, lines 1-16, 19-24 and
27-50; page 3, lines 1-3.
Division S-3456B: Page 2, lines 17-18 and 25-26.
Senator Szymoniak moved the adoption of division S-3456A, which
motion prevailed by a voice vote.
Senator Szymoniak moved the adoption of division S-3456B, which
motion prevailed by a voice vote.
Senator Szymoniak moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 492) 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 as amended was agreed to.
UNFINISHED BUSINESS
(Deferred April 10, 1995)
Senate File 180
The Senate resumed consideration of Senate File 180, a bill for an
act relating to the determination of the annual salary of a deputy
sheriff, deferred April 10, 1995.
Senator Rittmer offered amendment S-3385 filed by him on April 11,
1995, to page 1 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3385 be adopted? (S.F. 180) the
vote was:
Ayes, 20:
Bartz Bennett Black Boettger
Borlaug Freeman Halvorson Hansen
Hedge Iverson Kramer Lind
Lundby Maddox McKean McLaren
Priebe Redfern Rittmer Tinsman
Nays, 27:
Banks Bisignano Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Hammond
Horn Husak Jensen Judge
Kibbie Murphy Neuhauser Rensink
Sorensen Vilsack Zieman
Absent or not voting, 3:
Palmer Rife Szymoniak
Amendment S-3385 lost.
Senator Black asked and received unanimous consent that action on
Senate File 180 be deferred.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senate File 480
On motion of Senator Neuhauser, Senate File 480, a bill for an act
relating to changing the point of taxation of motor vehicle fuel by
requiring suppliers, restrictive suppliers, importers, exporters,
dealers, users, or blenders licenses, changing reporting periods, and
adding penalties and providing an effective date, was taken up for
consideration.
Senator Neuhauser offered amendment S-3470 filed by her from the
floor to page 26 and the title page of the bill and moved its adoption.
Amendment S-3470 was adopted by a voice vote.
Senator Neuhauser asked and received unanimous consent that House
File 552 be substituted for Senate File 480 as amended.
House File 552
On motion of Senator Neuhauser, House File 552, a bill for an act
relating to changing the point of taxation of motor vehicle fuel by
requiring suppliers, restrictive suppliers, importers, exporters,
dealers, users, or blenders licenses, changing reporting periods, and
adding penalties, was taken up for consideration.
Senator Neuhauser offered amendment S-3471 filed by her from the
floor to pages 26, 40 and the title page of the bill and moved its
adoption.
Amendment S-3471 was adopted by a voice vote.
Senator Bartz offered amendment S-3472 filed by him from the floor
to page 43 of the bill and moved its adoption.
Amendment S-3472 was adopted by a voice vote.
Senator Neuhauser moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 552) 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.
Senator Neuhauser asked and received unanimous consent that Senate
File 480 be withdrawn from further consideration of the Senate.
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 18, 1995, passed the following bills in which the
concurrence of the House was asked:
Senate File 428, a bill for an act to provide for the reciprocal
rendition of prisoners as witnesses in criminal proceedings and
providing an effective date.
Senate File 438, a bill for an act relating to juvenile justice
including notice requirements for certain hearings and authorizing
associate juvenile judges to perform marriage ceremonies.
ALSO: That the House has on April 18, 1995, amended and passed the
following bills in which the concurrence of the Senate is asked:
Senate File 201, a bill for an act updating the Iowa Code
references to the Internal Revenue Code and providing retroactive
applicability and effective dates (S-3478).
Senate File 315, a bill for an act relating to mental health and
developmental disabilities assistance by extending a moratorium on the
number of intermediate care facility for the mentally retarded beds and
requiring certain reporting activities of the state-county management
committee, and providing an effective date (S-3477).
Senate File 398, a bill for an act relating to commutation of
sentences of persons who have been sentenced to life imprisonment
(S-3479).
Senate File 457, a bill for an act relating to the civil rights
commission concerning the enforcement of civil rights laws, and the
promotion and transfer of employed disabled persons (S-3480).
ALSO: That the House has on April 18, 1995, concurred in the Senate
amendment to the House amendment, and passed the following bill in which
the concurrence of the House was asked:
Senate File 462, a bill for an act relating to appropriations for
the department of human services and the prevention of disabilities
policy council and including other provisions and appropriations
involving human services and health care and providing for effective and
applicability dates.
INTRODUCTION OF RESOLUTION
Senate Resolution 19, by Vilsack and Tinsman, a senate resolution
relating to the well-being of Iowas children.
Read first time and passed on file.
COMMITTEE REPORT
AGRICULTURE
Final Bill Action: HOUSE FILE 519, a bill for an act providing for the
regulation of animal feeding operations, fees, the expenditure of
moneys, penalties, and an effective date.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3484.
Final Vote: Ayes, 10: Priebe, Judge, Bartz, Banks, Black, Douglas,
Giannetto, Hedge, Sorensen and Zieman. Nays, 1: Husak. Absent or not
voting, 4: Boswell, Fraise, McLaren and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that House File
519 be referred from the Regular Calendar to the committee on Natural
Resources.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
481, 553, 461, 217, 492 and 552 be immediately messaged to the House.
APPENDIX
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
engrossing Senate File 481, the following correction was made:
Page 17, line 27, the word and number Section 21 were changed to
the word and number Section 23.
JOHN F. DWYER Secretary of the Senate
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.C.R. 27 Rules and Administration
H.F. 373 Ways and Means
H.F. 482 Appropriations
H.F. 549 Ways and Means
H.F. 550 Ways and Means
H.F. 558 Ways and Means
H.F. 559 Ways and Means
H.F. 560 Ways and Means
SUBCOMMITTEE ASSIGNMENTS
Senate File 327
NATURAL RESOURCES, ENVIRONMENT AND ENERGY: Judge, Chair; Fink and Lundby
House File 519
AGRICULTURE: Priebe, Chair; Banks, Hedge, Husak, Judge, McLaren and
Palmer
SIMILAR BILL RECEIVED
On April 18, 1995, House File 197 was received and attached to
similar Senate File 323 on the Senate Calendar.
EXPLANATION OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate Chamber
when the vote was taken on the following bills. Had I been present, I
would have voted aye on the bills.
Senate Files 82, 436, 433, 66, 87, 470, 473.
PATRICK J. DELUHERY
AMENDMENTS FILED
S-3476 S.F. 478 Randal J. Giannetto
S-3477 S.F. 315 House amendment
S-3478 S.F. 201 House amendment
S-3479 S.F. 398 House amendment
S-3480 S.F. 457 House amendment
S-3481 H.F. 203 Randal J. Giannetto
S-3482 S.F. 478 Randal J. Giannetto
Richard F. Drake
S-3483 S.F. 477 Mary Lundby
S-3484 H.F. 519 Agriculture
S-3485 S.F. 477 Wayne Bennett
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:20 p.m., until
9:00 a.m., Wednesday, April 19, 1995.
[ ONE HUNDRED FIRST CALENDAR DAY
SIXTIETH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, April 19, 1995
The Senate met in regular session at 9:23 a.m., President Boswell
presiding.
Prayer was offered by the Reverend David Wagoner, pastor of the
Onawa United Methodist Church, Onawa, Iowa.
The Journal of Tuesday, April 18, 1995, was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Connolly until he arrives on request of Senator Horn.
HOUSE MESSAGE RECEIVED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
members of the Conference Committee appointed April 19, 1995, on 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, on the part of the House are: The Representative from
Muscatine, Mr. Hahn, Chair; the Representative from Jackson, Mr.
Cornelius; the Representative from Washington, Ms. Greiner; the
Representative from Mitchell, Mr. Koenigs; the Representative from
Kossuth, Ms. Mertz.
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.
The Senate stood at ease at 9:50 a.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 10:35 a.m., President Boswell
presiding.
The Senate stood at ease at 10:38 a.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 11:23 a.m., President pro tempore
Bisignano presiding.
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 19, 1995, passed the following bill in which the
concurrence of the House was asked:
Senate File 202, a bill for an act relating to public health
issues, including certain birth certificates and licensing of athletic
trainers.
ALSO: That the House has on April 19, 1995, concurred in the Senate
amendment and passed the following bills in which the concurrence of the
House was asked:
House File 113, a bill for an act relating to the definition of
resident for the purpose of obtaining licenses to hunt, fish, trap, or
take protected species of animals and providing for other properly
related matters.
House File 504, a bill for an act relating to a motor vehicle
owners liability for damages caused by the driver.
RECESS
On motion of Senator Horn, the Senate recessed at 11:33 a.m., until
1:45 p.m.
APPENDIX
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
preparing the Senate Amendment to House File 461, the following
correction was made:
Amendment S-3475:
1. Page 1, line 21, the word compete was changed to the word
complete.
JOHN F. DWYER Secretary of the Senate
PROOF OF PUBLICATION
Verified proof of publication of Senate File 468 in accordance with
Section 585.1 of the Code was filed with the Secretary of the Senate on
April 19, 1995.
REPORT OF COMMITTEE MEETING
AGRICULTURE
Convened: April 18, 1995, 8:04 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
McLaren, Sorensen and Zieman.
Members Absent: Palmer (excused).
Committee Business: Discussed House File 519; amendments 519.735,
519.244 division B, 519.322 and 519.736 were adopted; amendments 519.244
divisions A and C and 519.237 were not adopted.
Recessed: 8:53 a.m.
Reconvened: April 18, 1995, 12:31 p.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
McLaren, Sorensen and Zieman.
Members Absent: Palmer (excused).
Committee Business: Discussed House File 519; motion made that all other
amendments that were considered by the committee without objection were
adopted; recommended passage of House File 519 as amended.
Adjourned: 12:34 p.m.
REQUEST FOR PUBLICATION
Senator Priebe asked and received unanimous consent that the
following be printed in the Senate Journal:
ODE TO DAVID
My name is David -
But you may call me God
Hey wait - dont laugh!
Its the title of my job.
Being a journalist-slash-political genius isnt easy
Because sometimes (but not often)
Its hard to be that sleazy.
With the power and prestige I get from work
People get jealous and angry
And say that I am a jerk.
Hmm... I wonder why people dont like me
Guess they dont appreciate my candor
But really - what can I say?
Its my job to insult and slander.
And people just dont get my humor
They just dont realize that
It can be really fun to start rumors.
So watch your mouth and your back
Im everywhere - watching and writing the news
Next it may be your character under attack
And come Mondays Register youll
be paying your dues. . . . .
Authored by Senate Page Carrie Schnieders and presented by the
Senate Pages during the Page skit at the Senate picnic on April 18,
1995.
COMMITTEE REPORT
JUDICIARY
Final Bill Action: 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.
Recommendation: WITHOUT RECOMMENDATION.
Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger,
Drake, Fraise, Halvorson, Hansen, Maddox, Neuhauser, Redfern and
Szymoniak. Nays, 2: Bisignano and Hammond.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
PRESENTATION OF VISITOR
Senator Tinsman presented Mrs. Diarra Fatoumata Dembelle, Advisor
at the Appeals Court and President of the Malian Women Lawyers
Association, Bamako, Mali, West Africa.
Mrs. Dembelle is a participant in the United States Information
Agencys International Visitor Program to increase her understanding of
U.S. community actions to educate women about their rights, and to study
the American legal system.
SUBCOMMITTEE ASSIGNMENTS
Senate File 430
HUMAN RESOURCES: Szymoniak, Chair; Boettger and Vilsack
House File 373
WAYS AND MEANS: Connolly, Chair; Freeman and Palmer
House File 482
APPROPRIATIONS: Dvorsky, Chair; Flynn and McLaren
House File 549
WAYS AND MEANS: Bennett, Chair; Deluhery and Szymoniak
House File 550
WAYS AND MEANS: Iverson, Chair; Deluhery and Vilsack
House File 519
NATURAL RESOURCES, ENVIRON. & ENERGY: Black, Chair; Fink and Lundby.
House File 558
WAYS AND MEANS: Hedge, Chair; Husak and Priebe
House File 559
WAYS AND MEANS: Vilsack, Chair; McLaren and Neuhauser
House File 560
WAYS AND MEANS: Priebe, Chair; Connolly and McLaren
AMENDMENTS FILED
S-3486 S.F. 459 John W. Jensen
S-3487 H.F. 560 John P. Kibbie
AFTERNOON SESSION
The Senate reconvened at 2:13 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 49 present, 1 absent and a quorum present.
Senator Fink took the chair at 2:25 p.m.
President pro tempore Bisignano took the chair at 2:32 p.m.
Senator Judge took the chair at 2:50 p.m.
President Boswell took the chair at 3:03 p.m.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 41
Senator Bartz called up for consideration House File 41, a bill for
an act relating to the establishment of legal settlement for certain
blind persons and providing an effective date, amended by the Senate,
further amended by the House and moved that the Senate concur in House
amendment S-3466 to Senate amendment H-3863 filed April 18, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment to the Senate amendment.
Senator Bartz moved that the bill as amended by the Senate, further
amended by the House and concurred in by the Senate, 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, 48:
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
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Connolly Murphy
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
HOUSE AMENDMENT CONSIDERED
Senate File 315
Senator Tinsman called up for consideration Senate File 315, a bill
for an act relating to mental health and developmental disabilities
assistance by extending a moratorium on the number of intermediate care
facility for the mentally retarded beds and requiring certain reporting
activities of the state-county management committee, and providing an
effective date, amended by the House, and moved that the Senate concur
in House amendment S-3477 filed April 18, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Tinsman moved that the bill as amended by the House and
concurred in by the Senate, 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. 315) 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 as amended was agreed to.
UNFINISHED BUSINESS CALENDAR
House File 486
On motion of Senator Hansen, 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, with report of committee
recommending amendment and passage, and placed on the Unfinished
Business Calendar on April 13, 1995, was taken up for consideration.
Senator Hansen offered amendment S-3376 filed by the committee on
Commerce on April 10, 1995, to pages 65, 69, 71, 74 and 75 of the bill
and moved its adoption.
Amendment S-3376 was adopted by a voice vote.
Senator Rittmer offered amendment S-3459 filed by him on April 18,
1995, to pages 3 and 34 of the bill and moved its adoption.
Amendment S-3459 was adopted by a voice vote.
Senator Rittmer offered amendment S-3460 filed by him on April 18,
1995, to pages 5, 31, 35, 38 and 67 of the bill and moved its adoption.
Amendment S-3460 was adopted by a voice vote.
Senator Maddox asked and received unanimous consent that action on
House File 486 be deferred.
UNFINISHED BUSINESS
(Deferred April 18, 1995)
Senate File 477
The Senate resumed consideration of Senate File 477, a bill for an
act establishing an oversight, audit and government reform committee,
and providing an effective date, deferred April 18, 1995.
Senator Bennett asked and received unanimous consent that action on
Senate File 477 be deferred.
HOUSE AMENDMENT CONSIDERED
Senate File 423
Senator Redfern called up for consideration Senate File 423, a bill
for an act relating to delayed deposit services businesses and providing
penalties, amended by the House, and moved that the Senate concur in
House amendment S-3434 filed April 13, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Redfern moved that the bill as amended by the House and
concurred in by the Senate, 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. 423) the vote was:
Ayes, 48:
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 Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
A bsent or not voting, 2:
Connolly Rittmer
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 File
41 be immediately messaged to the House and to send an immediate message
to the House on Senate File 315.
MOTION TO RECONSIDER WITHDRAWN
House File 246
Senator Hammond withdrew the motion to reconsider 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, filed by her on April 11, 1995, and
found on page 1147 of the Senate Journal.
UNFINISHED BUSINESS
(Deferred April 17, 1995)
House File 185
The Senate resumed consideration of House File 185, a bill for an
act relating to the sales, services, and use tax exemption for items
used by printers and publishers, limiting the amount of refunds, and
providing retroactive and applicability date provisions, and amendment
S-3328 by Senator Iverson to page 2 of the bill, deferred April 17,
1995.
Senator Iverson moved the adoption of amendment S-3328, which
motion prevailed by a voice vote.
Senator Iverson offered amendment S-3275 filed by him on March 29,
1995, to page 2 and the title page of the bill and moved its adoption.
Amendment S-3275 was adopted by a voice vote.
Senator Palmer asked and received unanimous consent that action on
House File 185 be deferred.
UNFINISHED BUSINESS CALENDAR
Senate File 323
On motion of Senator Kramer, Senate File 323, a bill for an act
relating to the expansion of the volunteer physician program to apply to
charitable organizations, with report of committee recommending passage,
and placed on the Unfinished Business Calendar on April 6, 1995, was
taken up for consideration.
Senator Kramer offered amendment S-3494 filed by her from the floor
to strike everything after the enacting clause and to the title page of
the bill and moved its adoption.
Amendment S-3494 was adopted by a voice vote.
Senator Kramer asked and received unanimous consent that House File
197 be substituted for Senate File 323 as amended.
House File 197
On motion of Senator Fraise, House File 197, a bill for an act
relating to the expansion of the volunteer physician program to include
other health care providers, was taken up for consideration.
Senator Kramer offered amendment S-3493 filed by her from the floor
to pages 1, 2 and the title page of the bill and moved its adoption.
Amendment S-3493 was adopted by a voice vote.
Senator Kramer 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. 197) 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 as amended was agreed to.
Senator Kramer asked and received unanimous consent that Senate
File 323 be withdrawn from further consideration of the Senate.
HOUSE AMENDMENT CONSIDERED
Senate File 398
Senator Neuhauser called up for consideration Senate File 398, a
bill for an act relating to commutation of sentences of persons who have
been sentenced to life imprisonment, amended by the House in House
amendment S-3479 filed April 18, 1995.
Senator Neuhauser offered amendment S-3492 filed by her from the
floor to House amendment S-3479 and moved its adoption.
Amendment S-3492 was adopted by a voice vote.
Senator Neuhauser moved that the Senate concur in the House
amendment as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Neuhauser moved that the bill as amended by the House,
further amended and concurred in by the Senate, 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. 398) 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.
BUSINESS PENDING
House File 185
The Senate resumed consideration of House File 185, a bill for an
act relating to the sales, services, and use tax exemption for items
used by printers and publishers, limiting the amount of refunds, and
providing retroactive and applicability date provisions, previously
deferred.
Senator Palmer filed the following motion to reconsider from the
floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-3275 to House File 185 passed the Senate on April 19, 1995.
The motion prevailed by a voice vote and amendment S-3275 by
Senator Iverson to page 2 and the title page was taken up for
reconsideration.
Senator Iverson moved the adoption of amendment S-3275, which
motion lost by a voice vote.
Senator Iverson 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. 185) the vote was:
Ayes, 42:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Dearden
Deluhery Douglas Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Halvorson Hammond Hansen
Hedge Horn Husak Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Palmer Priebe Redfern
Rensink Rife Rittmer Szymoniak
Tinsman Zieman
Nays, 7:
Banks Drake Gronstal Iverson
Neuhauser Sorensen Vilsack
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.
WITHDRAWN
Senator Iverson asked and received unanimous consent that Senate
File 18 be withdrawn from further consideration of the Senate.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
197 and Senate File 398 be immediately messaged to the House and to send
an immediate message on Senate File 423 to the House.
BUSINESS PENDING
House File 486
The Senate resumed consideration of 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, previously
deferred.
Senator Maddox filed the following motion to reconsider from the
floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-3376 to House File 486 was adopted by the Senate on April 19, 1995.
The motion prevailed by a voice vote and amendment S-3376 by the
committee on Commerce was taken up for reconsideration.
Senator Maddox offered amendment S-3498 filed by him from the floor
to amendment S-3376 and moved its adoption.
Amendment S-3498 was adopted by a voice vote.
Senator Hanson moved the adoption of amendment S-3376 as amended,
which motion prevailed by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Freeman until she returns on request of Senator Rife.
BUSINESS PENDING
House File 486
Senator Hansen 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. 486) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Connolly Freeman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
ADOPTION OF RESOLUTION
(Regular Calendar)
House Concurrent Resolution 8
On motion of Senator Black, House Concurrent Resolution 8, a
concurrent resolution supporting the United Nations recognition of the
Republic of China on Taiwan, with report of committee recommending
passage, was taken up for consideration.
Senator Black moved the adoption of House Concurrent Resolution 8,
which motion prevailed by a voice vote.
HOUSE AMENDMENTS CONSIDERED
Senate File 85
Senator Priebe called up for consideration Senate File 85, a bill
for an act providing for the regulation of farm deer and making
penalties applicable, amended by the House, and moved that the Senate
concur in House amendment S-3467 filed April 18, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Priebe moved that the bill as amended by the House and
concurred in by the Senate, 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. 85) the vote was:
Ayes, 47:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Dvorsky
Fink Flynn Fraise 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, 3:
Connolly Drake Freeman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 457
Senator Giannetto called up for consideration Senate File 457, a
bill for an act relating to the civil rights commission concerning the
enforcement of civil rights laws, and the promotion and transfer of
employed disabled persons, amended by the House, and moved that the
Senate concur in House amendment S-3480 filed April 18, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Giannetto moved that the bill as amended by the House and
concurred in by the Senate, 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. 457) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Connolly Freeman
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
UNFINISHED BUSINESS CALENDAR
House File 258
On motion of Senator Dearden, House File 258, a bill for an act
relating to drug testing of certain employees and applicants for
employment, providing for employer defenses, and making penalties
applicable, with report of committee recommending amendment and passage,
and placed on the Unfinished Business Calendar on April 13, 1995, was
taken up for consideration.
Senator Dearden offered amendment S-3371 filed by the committeee on
Business and Labor Relations on April 6, 1995, to strike everything
after the enacting clause and to the title page of the bill.
Senator Vilsack offered amendment S-3441 filed by Senators Vilsack,
et al., on April 13, 1995, to amendment S-3371 and moved its adoption.
Amendment S-3441 was adopted by a voice vote.
Senator Dearden moved the adoption of amendment S-3371 as amended,
which motion prevailed by a voice vote.
Senator Dearden 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. 258) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
+48 Dearden Deluhery Douglas Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Connolly Drake
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
House File 94
On motion of Senator Hammond, House File 94, a bill for an act to
permit certain dissolutions of marriage to take place without a hearing,
with report of committee without recommendation, and placed on the
Unfinished Business Calendar on April 13, 1995, was taken up for
consideration.
Senator Hammond moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 94) the vote was:
Ayes, 20:
Bisignano Black Dearden Douglas
Fink Flynn Freeman Gettings
Giannetto Halvorson Hammond Horn
Judge Kibbie Kramer Palmer
Priebe Szymoniak Tinsman Vilsack
Nays, 28:
Banks Bartz Bennett Boettger
Borlaug Boswell Deluhery Dvorsky
Fraise Gronstal Hansen Hedge
Husak Iverson Jensen Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Redfern Rensink
Rife Rittmer Sorensen Zieman
Absent or not voting, 2:
101st Day WEDNESDAY, APRIL 19, 1995 1311
Connolly Drake
The bill not having received a constitutional majority was declared
to have failed to pass the Senate.
HOUSE AMENDMENT CONSIDERED
Senate File 432
Senator Hammond called up for consideration Senate File 432, a bill
for an act relating to sexually violent predators, by providing that
the place of commitment shall be under the control of the department of
corrections, by requiring the state to pay the costs incurred by a
county for services in sexually violent offender proceedings, and
providing an effective date, amended by the House in House amendment
S-3468 filed April 18, 1995.
Senator Hammond offered amendment S-3490 filed by her from the
floor to House amendment S-3468 and moved its adoption.
Amendment S-3490 was adopted by a voice vote.
Senator Hammond moved that the Senate concur in the House amendment
as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Hammond moved that the bill as amended by the House,
further amended and concurred in by the Senate, 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. 432) 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 as amended was agreed to.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senate File 472
On motion of Senator Szymoniak, Senate File 472, 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, was taken up for consideration.
Senator Szymoniak offered amendment S-3496 filed by her from the
floor to page 2 of the bill and moved its adoption.
Amendment S-3496 lost by a voice vote.
Senator Hedge offered amendment S-3415 filed by him on April 13,
1995, to page 4 and the title page of the bill and moved its adoption.
Amendment S-3415 was adopted by a voice vote.
Senator Szymoniak moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 472) the vote was:
Ayes, 45:
101st Day WEDNESDAY, APRIL 19, 1995 1313
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Freeman
Gettings Giannetto Gronstal Halvorson
Hansen Hedge Horn Husak
Iverson Jensen Judge Kibbie
Kramer Lind Lundby Maddox
McLaren Murphy Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 4:
Fraise Hammond McKean Neuhauser
Absent or not voting, 1:
Connolly
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 468
On motion of Senator Giannetto, Senate File 468, a bill for an act
to legalize the transfer of certain property by the City of Keokuk and
providing an effective date, was taken up for consideration.
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? (S.F. 468) the vote was:
Ayes, 48:
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 Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 1:
Priebe
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.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House
Concurrent Resolution 8, House File 486, and Senate Files 432, 472 and
468 be immediately messaged to the House and to send an immediate
message on Senate Files 85 and 457 to the House.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House, on April 19, 1995, insisted on its amendment to 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, and providing penalties, and that the members of the
conference committee on part of the House are: the Representative from
Warren, Mr. Coon, Chair; the Representative from Guthrie, Mr. Dinkla;
the Representative from Johnson, Mrs. Doderer; the Representative from
Polk, Mr. Lamberti; and the Representative from Wapello, Mr. Moreland.
ALSO: That the House has on April 19, 1995, amended and passed the
following bills in which the concurrence of the Senate is asked:
Senate File 208, a bill for an act relating to child abuse and
termination of parental rights provisions, and providing an effective
date (S-3501).
Senate File 358, a bill for an act relating to habitual offenders
of the motor vehicle laws, by providing for an administrative
adjudication of the habitual offender status, and providing for the
payment of fees (S-3489).
Senate File 373, a bill for an act to permit the court to find a
person in contempt for failture to pay restitution after the period of
probation, work release, parole, or the persons sentence has ended
(S-3491).
Senate File 422, a bill for an act relating to the duties of the
county recorder, by transferring certain duties of the clerk of the
district court relating to vital statistics and marriage, by providing
for fees, by providing for other properly related matters, and providing
effective dates (S-3500).
ALSO: That the House has on April 19, 1995, amended the Senate
amendment, concurred in the Senate amendment as amended, and passed the
following bill in which the concurrence of the Senate is asked:
House File 461, a bill for an act relating to the Iowa
communications network by directing the Iowa telecommunications and
technology commission to conduct studies concerning the possible sale of
the network, and the possible conversion of the network into a public
utility (S-3502 to H-3976).
ALSO: That the House has on April 19, 1995, passed the following
bill in which the concurrence of the House was asked:
Senate File 205, a bill for an act relating to shared
superintendents for purposes of the supplementary weighting plan for
public school districts and providing effective and retroactive
applicability dates.
ALSO: That the House has on April 19, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 511, a bill for an act relating to open-end credit
pursuant to a credit card, including the permissible over-limit or
delinquency charges, the offering of credit unemployment insurance, and
the time requirements for making certain payments.
This bill was read first time and passed on file.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the following conference committee on Senate
File 93 on the part of the Senate: Senators Bisignano, Chair; Giannetto,
Vilsack, McKean and Maddox.
APPENDIX
BILLS SIGNED BY THE GOVERNOR
Communications were received announcing that on April 19, 1995, the
Governor approved and transmitted to the Secretary of State the
following bills
SENATE FILE 9 - Relating to the performance of duties of the office
of recorder on abolition of the office and the filing of documents and
providing an effective date and for retroactive applicability.
SENATE FILE 94 - Relating to reciprocal license fees for
nonresident real estate brokers and salespersons.
SENATE FILE 117 - Adopting a new uniform anatomical gift act and
providing a penalty.
SENATE FILE 118 - Relating to the development and implementation of
a coordinated statewide trauma care delivery system and providing
penalties and immunity from liability.
SENATE FILE 140 - Legalizing 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.
SENATE FILE 159 - Relating to the payment of wages to a suspended
or terminated employee under the Iowa wage payment collection law.
SENATE FILE 162 - Eliminating the minimum amount which must be
borrowed under a home equity line of credit.
SENATE FILE 175 - Relating to the definition of the federal truth
in lending act in the Iowa consumer credit code.
SENATE FILE 178 - Relating to emergency medical services.
SENATE FILE 255 - Relating to the administration of the Department
of Agriculture and Land stewardship, providing for moneys previously
appropriated to the department, and providing an effective date.
SENATE FILE 271 - Relating to the authorization of a bank office
where a state bank may maintain its management and bookkeeping
functions.
SENATE FILE 274 - 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 278 - Providing that animals classified as ostriches,
rheas, and emus are considered livestock.
SENATE FILE 375 - Relating to abandoned property subject to control
by the treasurer of state.
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File 94
failed to pass the Senate on April 19, 1995.
MARY C. NEUHAUSER
MR. PRESIDENT: I move to reconsider the vote by which House File 94
failed to pass the Senate on April 19, 1995.
MERLIN E. BARTZ
MR. PRESIDENT: I move to reconsider the vote by which House File
185 passed the Senate on April 19, 1995.
JIM LIND
MR. PRESIDENT: I move to reconsider the vote by which House File
258 passed the Senate on April 19, 1995.
MICHAEL E. GRONSTAL
COMMITTEE REPORTS
APPROPRIATIONS
Final Bill Action: HOUSE FILE 482, a bill for an act relating to the
funding for the Iowa communications network and providing an
appropriation.
Recommendation: DO PASS.
Final Vote: Ayes, 24: Murphy, Boswell, Lind, Banks, Bartz, Bisignano,
Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson,
Hammond, Husak, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink,
Tinsman and Vilsack. Nays, none. Absent or not voting, 1: Iverson.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: SENATE FILE 482, a bill for an act establishing
economic and other penalties for certain criminal activity.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3488.
Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano,
Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser,
Redfern and Szymoniak. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Seventeen FFA members from Guttenberg-Garnavillo School,
accompanied by Steve Zaruba and Ms. A.J. Walter. Senator Zieman.
AMENDMENTS FILED
S-3488 S.F. 482 Judiciary
S-3489 S.F. 358 House amendment
S-3490 S.F. 432 Johnie Hammond
S-3491 S.F. 373 House amendment
S-3492 S.F. 398 Mary Neuhauser
S-3493 H.F. 197 Mary E. Kramer
S-3494 S.F. 323 Mary E. Kramer
S-3495 H.F. 482 Steven D. Hansen
S-3496 S.F. 472 Elaine Szymoniak
S-3497 S.F. 413 Brad Banks
Randal J. Giannetto
Derryl McLaren
William D. Palmer
JoAnn Douglas
Berl E. Priebe
Sheldon Rittmer
Tony Bisignano
S-3498 H.F. 486 O. Gene Maddox
S-3499 H.F. 482 Tom Flynn
Robert Dvorsky
S-3500 S.F. 422 House amendment
S-3501 S.F. 208 House amendment
S-3502 H.F. 461 House amendment
S-3503 H.F. 247 Michael E. Gronstal
S-3504 S.F. 477 Wayne Bennett
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:35 p.m., until
9:00 a.m., Thursday, April 20, 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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