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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 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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