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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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Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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