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ONE HUNDRED SECOND CALENDAR DAY SIXTY-FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 20, 1995 The Senate met in regular session at 9:24 a.m., President Boswell presiding. Prayer was offered by the Reverend Richard Schaffer, pastor of the Vail Presbyterian Church, Vail, Iowa. The Journal of Wednesday, April 19, 1995, was approved. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 44 present, 6 absent and a quorum present. UNFINISHED BUSINESS (Deferred April 19, 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 19, 1995. Senator Bennett withdrew amendment S-3504 filed by him on April 19, 1995, to pages 1-4 of the bill. The Chair ruled amendment S-3485 filed by Senator Bennett on April 18, 1995, to pages 1-8 of the bill, out of order. Senator Lundby withdrew amendment S-3483 filed by her on April 18, 1995, to pages 1, 8 and the title page of the bill. 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? (S.F. 477) the vote was: Ayes, 44: 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 Maddox Murphy Neuhauser Palmer Priebe Redfern Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 4: Banks Lundby McKean Rensink Absent or not voting, 2: 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 422 Senator Sorensen called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-3500 filed April 19, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Sorensen 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. 422) the vote was: Ayes, 44: 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 Jensen Judge Kibbie Kramer Lind Maddox Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 4: Husak Iverson McKean Murphy Absent or not voting, 2: Lundby McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Husak asked and received unanimous consent that Senate File 477 be immediately messaged to the House and to send an immediate message to the House on Senate File 422. The Senate stood at ease at 9:52 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 11:43 a.m., President Boswell presiding. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on April 20, 1995, passed the following bills in which the concurrence of the House was asked: Senate File 286, a bill for an act concerning workers compensation by providing for the computing of gross weekly earnings for volunteer ambulance drivers, emergency medical technician trainees, and seasonal workers, and relating to judicial review of workers compensation contested cases. Senate File 293, a bill for an act relating to providing for a five-year minimum prison term for a person who uses a dangerous weapon in the commission of a forcible felony. ALSO: That the House has on April 20, 1995, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 394, a bill for an act relating to instruments filed or recorded with the county recorder (S-3507). Senate File 427, a bill for an act relating to authorizing the payment of salaries to senior judges, providing for a maximum retirement annuity amount paid to senior judges, affecting senior judge retirement benefits, the appointment of judges to senior judge status, and providing effective and applicability dates (S-3508). ALSO: That the House has on April 20, 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 290, a bill for an act relating to motor vehicle and highway regulation by the state department of transportation concerning retention of records and documents, registration plates and stickers, dissolution decree transfers of motor vehicle titles, junking certificates for abandoned vehicles, flashing blue lights, motorcycle license requirements, leased motor vehicles, proof of financial responsibility, charges for handicapped identification devices, single state registration for motor carriers, commodity base state registration, other technical changes, and providing effective and applicability dates. ALSO: That the House has on April 20, 1995, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 460, a bill for an act relating to governmental control of property by providing for the interest rates assessed for condemnation damages, providing for right-of-way notice filings, and concerning advertising control laws on scenic highways. House File 492, a bill for an act relating to the exclusion of certain nonprofit transitional housing from landlord-tenant agreements and remedies, tenant remedies for landlord noncompliance with a rental agreement, landlord remedies for tenant noncompliance with a rental agreement and acts constituting a clear and present danger and providing an effective date. HOUSE AMENDMENT CONSIDERED Senate File 459 Senator Fraise called up for consideration Senate File 459, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safetys administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshals office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability, amended by the House in House amendment S-3410 filed April 13, 1995. Senator Jensen offered amendment S-3486 filed by him on April 19, 1995, to House amendment S-3410 and moved its adoption. Amendment S-3486 was adopted by a voice vote. Senator Fraise moved that the Senate concur in the House amendment as amended. The motion prevailed by a voice vote and the Senate refused to concur in the House amendment as amended. Senator Horn asked and received unanimous consent that Senate File 459 be immediately messaged to the House. RECESS On motion of Senator Horn, the Senate recessed at 11:58 a.m., until 1:30 p.m. APPENDIX EXPLANATION OF VOTES MR. PRESIDENT: I was necessarily absent from the Senate on April 19, 1995. Had I been present, I would have voted aye on the following bills: Senate Files 85, 315, 398, 423, 432, 457, 468 and 472; and House Files 41, 94, 185, 197, 258 and 486. MIKE CONNOLLY CERTIFICATES OF RECOGNITION The secretary of the senate issued the following certificates of recognition: Matt Baker, Jeff Church, Brian Gunst, Matt Hackett and Rick Stone, Sioux City - For receiving an Outstanding Soloist Award at the Iowa High School Jazz Band Competition. Senator Hansen (4-14-95). Justin Kisor and Arron Sweeney, Sioux City - For receiving 1 of 4 Outstanding Soloists of the Day awards at the Iowa High School Jazz Band Competition. Senator Hansen (4-14-95). North High School Jazz I, Sioux City - Receiving 2nd Place in the 4A Championship at the Iowa High School Jazz Band Competition (Senator Hansen 4-14-95). Trelley and Helen Crosman, Ogden - For their 75th wedding anniversary (Senator Sorensen 9-7-95). REPORTS OF COMMITTEE MEETINGS JUDICIARY Convened: April 19, 1995, 9:50 a.m. Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Members Absent: none. Committee Business: Placed House File 562 on calendar without recommendation and recommended passage of Senate File 482 as amended. Adjourned: 10:20 a.m. WAYS AND MEANS Convened: April 19, 1995, 11:40 a.m. Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking Member; Deluhery, Freeman, Hedge, McLaren, Murphy, Neuhauser, Szymoniak and Vilsack. Members Absent: Connolly (excused), Drake, Iverson (excused) and Priebe (excused). Committee Business: Assigned bills to subcommittees. Adjourned: 11:43 a.m. 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 20th day of April, 1995: Senate Files 440, 458, 174, 233, 247, 298, 141, 88, 116, 147, 149 and 402. JOHN F. DWYER Secretary of the Senate SUBCOMMITTEE ASSIGNMENT Senate Concurrent Resolution 27 RULES AND ADMINISTRATION: Husak, Chair; Horn and Rife AMENDMENTS FILED S-3505 S.F. 482 Randal J. Giannetto Tony Bisignano S-3506 S.F. 358 Jim Lind Don Gettings Randal J. Giannetto Mary A. Lundby S-3507 S.F. 394 House amendment S-3508 S.F. 427 House amendment S-3509 S.F. 208 Johnie Hammond AFTERNOON SESSION The Senate reconvened at 1:33 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 42 present, 8 absent and a quorum present. 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 20, 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 433, a bill for an act relating to the family investment program and related human services programs by requiring the department of human services to apply for a federal waiver regarding limited benefit plans and providing applicability provisions. ALSO: That the House has on April 20, 1995, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 485, a bill for an act relating to remedies upon the dishonoring of a financial instrument and providing penalties. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 28, by committee on Rules and Administration, a resolution to call a joint session for the purpose of hearing an address by the President of the United States. Read first time and placed on calendar. COMMITTEE REPORT NATURAL RESOURCES, ENVIRONMENT AND ENERGY 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-3512. Final Vote: Ayes, 15: Fink, Black, Lundby, Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and Sorensen. Nays, none. 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 Ways and Means. The Senate stood at ease at 1:45 p.m. until the fall of the gavel for the purpose of a committee meeting and a party caucus. The Senate resumed session at 3:53 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 40 present, 10 absent and a quorum present. The Senate stood at ease at 3:57 p.m. until the fall of the gavel for the purpose of a committee meeting. The Senate resumed session at 5:04 p.m., President Boswell presiding. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on April 20, 1995, passed the following bills in which the concurrence of the House was asked: Senate File 146, a bill for an act relating to Iowa-foaled horses and Iowa-whelped dogs used for breeding and racing. Senate File 181, a bill for an act providing a sales tax exemption relating to aircraft, limiting the amount of refunds, and providing effective date and retroactive applicability provisions. ALSO: That the House has on April 20, 1995, insisted on its amendment to Senate File 459, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safetys administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshals office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability, and that the members of the Conference Committee on the part of the House are: The Representative from Story, Ms. Garman, Chair; the Representative from Jasper, Mr. Bell; the Representative from Lee, Mr. Larkin; the Representative from Linn, Mr. Schulte; the Representative from Jones, Mr. Welter. ALSO: That the House has on April 20, 1995, passed the following bills in which the concurrence of the Senate is asked: House File 563, a bill for an act relating to the merit system classification of employees of statewide elected officials. This bill was read first time and passed on file. House File 565, a bill for an act establishing a school-to-work planning and implementation program focusing on career pathways for students. This bill was read first time and passed on file. ALSO: That the House has on April 20, 1995, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: 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. House File 490, a bill for an act relating to limited liability companies. 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 and providing an effective date. ALSO: That the House has on April 20, 1995, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bills in which the concurrence of the Senate is asked: 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 (S-3518 to H-3979). 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 (S-3521 to H-3989). QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 41 present, 9 absent and a quorum present. APPOINTMENT OF CONFERENCE COMMITTEE The Chair announced the following conference committee on Senate File 459 on the part of the Senate: Senators Fraise, Chair; Gronstal, Bisignano, Iverson and Redfern. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 28, a resolution to call a joint session for the purpose of hearing an address by the President of the United States. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 6: Horn, Boswell, Rife, Gettings, Gronstal and Husak. Nays, none. Absent or not voting, 3: Bisignano, Kramer and Lind. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION (Regular Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 28. Senate Concurrent Resolution 28 On motion of Senator Husak, Senate Concurrent Resolution 28, a resolution to call a joint session for the purpose of hearing an address by the President of the United States, was taken up for consideration. Senator Husak moved the adoption of Senate Concurrent Resolution 28, which motion prevailed by a voice vote. HOUSE AMENDMENT CONSIDERED Senate File 201 Senator Neuhauser called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-3478 filed April 18, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Neuhauser 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. 201) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Giannetto The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 461 Senator Hansen called up for consideration 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, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3502 to Senate amendment H-3976 filed April 19, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Hansen 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. 461) 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 BILL (Ways and Means Calendar) Senate File 19 On motion of Senator Szymoniak, Senate File 19, a bill for an act relating to the production and processing exemption of flowering, ornamental, or vegetable plants for purposes of the state sales, services, and use taxes, with report of committee recommending passage, was taken up for consideration. Senator Szymoniak offered amendment S-3461 filed by her on April 18, 1995, to page 1 and the title page of the bill and moved its adoption. Amendment S-3461 was adopted by a voice vote. Senator Szymoniak asked and received unanimous consent that House File 159 be substituted for Senate File 19 as amended. House File 159 On motion of Senator Szymoniak, House File 159, a bill for an act relating to the production of ornamental, flowering, or vegetable plants for purposes of the state sales tax, was taken up for consideration. Senator Szymoniak withdrew amendment S-3452 filed by her on April 17, 1995, to page 1 of the bill. 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. 159) 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 Szymoniak asked and received unanimous consent that Senate File 19 be withdrawn from further consideration of the Senate. COMMITTEE REPORT WAYS AND MEANS 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: DO PASS. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. UNFINISHED BUSINESS CALENDAR House File 519 On motion of Senator Priebe, 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, with reports of committee on Agriculture dated April 6 and April 12, 1995, without recommendation; placed on the Unfinished Business Calendar on April 13, 1995; referred to the committee on Agriculture on April 13, 1995; with report of committee on Agriculture dated April 17, 1995, recommending amendment and passage; with report of committee on Natural Resources dated April 20, 1995, recommending amendment and passage; and report of committee on Ways and Means dated April 20, 1995, recommending passage, was taken up for consideration. Senator Priebe offered amendment S-3484 filed by the committee on Agriculture on April 18, 1995, to pages 1-23 and 25 of the bill. Senator Fink offered amendment S-3512 filed by the committee on Natural Resources from the floor to amendment S-3484 and called for a division: lines 4-22 as division S-3512A and lines 23-25 as division S-3512B. Senator Fink moved the adoption of division S-3512A to amendment S-3484, which motion prevailed by a voice vote. Senator Fink asked and received unanimous consent that action on division S-3512B to amendment S-3484, be deferred. Senator Fink offered amendment S-3516 filed by Senators Fink and Gronstal from the floor to amendment S-3484, moved its adoption and requested a record roll call. On the question Shall amendment S-3516 to amendment S-3484 be adopted? (H.F. 519) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Connolly Dearden Deluhery Dvorsky Fink Flynn Giannetto Gronstal Halvorson Hammond Hansen Husak Iverson Judge Kramer Lundby Maddox McKean Murphy Neuhauser Sorensen Szymoniak Tinsman Nays, 25: Banks Bartz Bennett Black Boettger Borlaug Boswell Douglas Drake Freeman Gettings Hedge Horn Jensen Kibbie Lind McLaren Palmer Priebe Redfern Rensink Rife Rittmer Vilsack Zieman Absent or not voting, 2: Bisignano Fraise Amendment S-3516 lost. Senator Husak offered amendment S-3520 filed by him from the floor to amendment S-3484 and moved its adoption. Amendment S-3520 was adopted by a voice vote. Senator Iverson offered amendment S-3515 filed by Senators McLaren and Iverson from the floor to amendment S-3484 and moved its adoption. Amendment S-3515 was adopted by a voice vote. Senator Fink offered amendment S-3517 filed by him from the floor to amendment S-3484 and moved its adoption. Amendment S-3517 was adopted by a voice vote. Senator Iverson offered amendment S-3519 filed by Senators Iverson and Husak from the floor to amendment S-3484. Senator Iverson asked and received unanimous consent that action of amendment S-3519 to amendment S-3484 be deferred. Senator McLaren offered amendment S-3524 filed by Senators McLaren and Banks from the floor to amendment S-3484 and moved its adoption. Amendment S-3524 was adopted by a voice vote. Senator Vilsack offered amendment S-3523 filed by Senators Vilsack, Priebe and Palmer from the floor to amendment S-3484 and moved its adoption. A record roll call was requested. On the question Shall amendment S-3523 to amendment S-3484 be adopted? (H.F. 519) the vote was: Ayes, 47: 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 Murphy Neuhauser Palmer Priebe Redfern Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 3: McLaren Rensink Rife Amendment S-3523 was adopted. With the adoption of amendment S-3523 to amendment S-3484, the Chair ruled amendments S-3525 and S-3530 filed by Senator Hedge from the floor to amendment S-3484, out of order. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Maddox until he returns on request of Senator McKean. BUSINESS PENDING House File 519 The Senate resumed consideration of House File 519. Senator Fink offered amendment S-3529 filed by him from the floor to amendment S-3484 and called for a division: Lines 4-23 as division S-3529A and lines 24-29 as division S-3529B. The Chair ruled division S-3529B to amendment S-3484, out of order. Senator Fink asked and received unanimous consent that action on division S-3429A to amendment S-3484, be deferred. Senator Bartz offered amendment S-3527 filed by him from the floor to amendment S-3484 and moved its adoption. Amendment S-3527 was adopted by a voice vote. Senator Iverson offered amendment S-3533 filed by Senators Iverson and Husak from the floor to amendment S-3484 and moved its adoption. Amendment S-3533 was adopted by a voice vote. Senator Iverson moved the adoption of amendment S-3519 by Senators Iverson and Husak to amendment S-3484, previously deferred. Amendment S-3519 to amendment S-3484 was adopted. Senator Priebe asked and received unanimous consent that action on amendment S-3484 as amended, be deferred (division S-3512B and division S-3529A to amendment S-3484 pending). Senator McKean offered amendment S-3528 filed by Senators McKean, Lundby and Halvorson from the floor to page 13 of the bill and moved its adoption. A record roll call was requested. On the question Shall amendment S-3528 be adopted? (H.F. 519) the vote was: Ayes, 16: Connolly Dearden Deluhery Dvorsky Fink Flynn Gronstal Halvorson Hammond Husak Judge Lundby Maddox McKean Neuhauser Palmer Nays, 33: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Douglas Drake Fraise Freeman Gettings Giannetto Hansen Hedge Horn Iverson Jensen Kibbie Kramer Lind McLaren Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Absent or not voting, 1: Murphy Amendment S-3528 lost. Senator McLaren offered amendment S-3531 filed by Senators McLaren and Sorensen from the floor to pages 14, 15 and 17 of the bill and moved its adoption. Amendment S-3531 was adopted by a voice vote. Senator Banks offered amendment S-3535 filed by him from the floor to page 14 of the bill and moved its adoption. Amendment S-3535 was adopted by a voice vote. Senator Fink offered amendment S-3532 filed by him from the floor to page 14 of the bill and moved its adoption. Amendment S-3532 lost by a voice vote. Senator Hedge withdrew amendment S-3541 filed by him from the floor to page 22 of the bill. Senator Priebe offered amendment S-3540 filed by Senators Iverson and Priebe from the floor to page 25 of the bill and moved its adoption. Amendment S-3540 was adopted by a voice vote. The Senate resumed consideration of amendment S-3484 as amended by the committee on Agriculture, previously deferred. Senator Fink offered amendment S-3539 filed by him from the floor to amendment S-3484 and moved its adoption. A record roll call was requested. On the question Shall amendment S-3539 to amendment S-3484 be adopted? (H.F. 519) the vote was: Ayes, 17: Black Connolly Dearden Dvorsky Fink Flynn Giannetto Gronstal Halvorson Hammond Iverson Lundby Maddox McKean Neuhauser Sorensen Szymoniak Nays, 33: Banks Bartz Bennett Bisignano Boettger Borlaug Boswell Deluhery Douglas Drake Fraise Freeman Gettings Hansen Hedge Horn Husak Jensen Judge Kibbie Kramer Lind McLaren Murphy Palmer Priebe Redfern Rensink Rife Rittmer Tinsman Vilsack Zieman Amendment S-3539 lost. The Chair ruled division S-3529A by Senator Fink and division S-3512B by the committee on Natural Resources, both to amendment S-3484, previously deferred, out of order. Senator Iverson withdrew amendment S-3536 filed by him from the floor to amendment S-3484. Senator Priebe moved the adoption of amendment S-3484 as amended, which motion prevailed by a voice vote. Senator Priebe offered amendment S-3542 filed by him from the floor to page 23 of the bill and moved its adoption. Amendment S-3542 was adopted by a voice vote. Senator Priebe 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. 519) the vote was: Ayes, 42: Banks Bartz Bennett Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gettings Giannetto Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Maddox McLaren Murphy Neuhauser Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 8: Bisignano Fink Gronstal Halvorson Hammond Lundby McKean Palmer 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 Senate Concurrent Resolution 28 and House Files 461 and 519 be immediately messaged to the House and to send an immediate message to the House on Senate File 201. 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 20, 1995, amended and adopted the following resolution in which the concurrence of the Senate is asked: Senate Concurrent Resolution 11, a concurrent resolution declaring support for Amtrak (S-3538). ALSO: That the House has on April 20, 1995, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 150, a bill for an act relating to child abuse involving termination of prental rights in certain abuse or neglect cases and access by other states to child abuse information (S-3543). Senate File 256, a bill for an act providing for notification of the application of pesticides (S-3522). ALSO: That the House has on April 20, 1995, adopted the following resolutions in which the concurrence of the Senate is asked: House Concurrent Resolution 18, a concurrent resolution relating to border city trucking agreements. This resolution was read first time and passed on file. House Concurrent Resolution 23, a concurrent resolution urging the Congress of the United States to quickly develop and approve the proposed national highway system. This resolution was read first time and passed on file. ALSO: That the House has on April 20, 1995, passed the following bill in which the concurrence of the Senate is asked: House File 555, a bill for an act relating to the deduction and credit for amounts paid for tuition and textbooks for elementary and secondary schools under the state individual income tax and providing effective and applicability date provisions. This bill was read first time and passed on file. APPENDIX BILL 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 bill has 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 20th day of April, 1995: Senate File 352. JOHN F. DWYER Secretary of the Senate REPORT OF COMMITTEE MEETING NATURAL RESOURCES, ENVIRONMENT AND ENERGY Convened: April 19, 1995, 8:05 a.m. Recessed: 9:30 a.m. Reconvened: April 20, 1995, 8:30 a.m. Adjourned: 1:19 p.m. Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member; Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and Sorensen. Members Absent: none. Committee Business: House File 519 subcommittee report - without recommendation; committee recommended passage of House File 519 as amended; committee was recessed and reconvened numerous times over two days. STUDY BILL RECEIVED SSB 365 Appropriations Relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters, providing an effective date, and providing penalties. SUBCOMMITTEE ASSIGNMENT SSB 365 APPROPRIATIONS: Judge, Chair; Bartz and Murphy PRESENTATION OF VISITORS The following visitors were present in the Senate gallery: Six students from Pocahontas Catholic School, Pocahontas, accompanied by Beth Hotovec and Larry Bevins. Senator Freeman. Ten fifth grade students from Rolling Green Elementary School, Urbandale, Iowa accompanied by Ms. Chris Burgman. Senator Maddox. BILLS SIGNED BY THE GOVERNOR Communications were received announcing that on April 20, 1995, the Governor approved and transmitted to the Secretary of State the following bills: SENATE FILE 157 - Relating to solid waste by eliminating the polystyrene ban and providing an effective date. SENATE FILE 214 - To provide greater protection for consumers who purchase or lease motor vehicles and providing effective dates. SENATE FILE 234 - Relating to the poweres and duties of the Department of Natural Resources by amending procedures for issuing and establishing fees for scientific collectors licenses or permits. SENATE FILE 333 - Relating to notice requirements required for work involving drainage and levee districts and water districts. SENATE FILE 446 - Relating to the possession or use of alcohol while operating a motor vehicle by requiring the administrative revocation of driving privileges of persons under the age of twenty-one who operate a motor vehicle with an alcohol concentration of .02 or more, denying issuance of temporary restricted licenses during the period of revocation, including the revocation under implied consent provisions, providing for civil penalties, excluding the revocation from application of certain motor vehicle financial responsibility requirements, providing for minimum periods of license revocation, providing a scheduled fine for possession of an open alcohol container while operating a motor vehicle, providing for the impoundment or immobilization of motor vehicles driven or owned by persons convicted of operating while intoxicated and being a second or subsequent offender, providing criminal penalties, and other related matters. MOTION TO RECONSIDER MR. PRESIDENT: I move to reconsider the vote by which House File 159 passed the Senate on April 20, 1995. JIM LIND PRESENTATION OF SPECIAL GUEST Senator McLaren presented K.R. Sinha, Consul General of India. He organized a conference sponsored by the Des Moines Chamber of Commerce on Doing Business in India, where many Iowa businesses were represented. AMENDMENTS FILED S-3510 H.F. 94 Mary Neuhauser S-3511 H.F. 482 Derryl McLaren S-3512 H.F. 519 Natural Resources, Environ. & Energy S-3513 S.F. 482 Randal J. Giannetto S-3514 H.F. 528 Johnie Hammond S-3515 H.F. 519 Derryl McLaren Stewart E. Iverson, Jr. S-3516 H.F. 519 Bill Fink Michael E. Gronstal S-3517 H.F. 519 Bill Fink S-3518 H.F. 481 House amendment S-3519 H.F. 519 Stewart E. Iverson, Jr. Emil J. Husak S-3520 H.F. 519 Emil J. Husak S-3521 H.F. 486 House amendment S-3522 S.F. 256 House amendment S-3523 H.F. 519 Tom Vilsack Berl E. Priebe William D. Palmer S-3524 H.F. 519 Derryl McLaren Brad Banks S-3525 H.F. 519 H. Kay Hedge S-3526 H.F. 203 Randal J. Giannetto John W. Jensen Emil J. Husak John P. Kibbie S-3527 H.F. 519 Merlin E. Bartz S-3528 H.F. 519 Andy McKean Mary Lundby Rod Halvorson S-3529 H.F. 519 Bill Fink S-3530 H.F. 519 H. Kay Hedge S-3531 H.F. 519 Derryl McLaren Albert E. Sorensen S-3532 H.F. 519 Bill Fink S-3533 H.F. 519 Stewart E. Iverson, Jr. Emil J. Husak S-3534 S.F. 208 Elaine Szymoniak S-3535 H.F. 519 Brad Banks S-3536 H.F. 519 Stewart E. Iverson, Jr. S-3537 S.F. 478 Randal J. Giannetto Richard F. Drake S-3538 S.C.R. 11 House amendment S-3539 H.F. 519 Bill Fink S-3540 H.F. 519 Stewart E. Iverson, Jr. Berl E. Priebe S-3541 H.F. 519 H. Kay Hedge S-3542 H.F. 519 Berl E. Priebe S-3543 S.F. 150 House amendment COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 484 (SSB 365), a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters, providing an effective date, and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 22: Murphy, Boswell, Lind, Banks, Bartz, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink and Tinsman. Nays, 1: Iverson. Absent or not voting, 2: Bisignano and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 489, a bill fora n act authorizing an increase in the amount of taxes dedicated to the reserve account by township trustees for supplies and equipment related to fire protection, emergency warning systems, and ambulance services. Recommendation: DO PASS. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 550, a bill for an act relating to the exemption of the statewide notification center and its vendors from sales, services, and use taxes and providing for the Acts effectiveness and retroactive applicabiity. Recommendation: DO PASS. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 558, a bill for an act relating to the recapture tax on property maintained as a fruit-tree or forest reservation for which a property tax exemption was granted and providing effective and applicability date provisions. Recommendation: DO PASS. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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 applicabiity dates. Recommendation: DO PASS. Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. INTRODUCTION OF BILL Senate File 484, by committee on Appropriations, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters, providing an effective date, and providing penalties. Read first time under Rule 28 and placed on Appropriations Calendar. ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 9:35 p.m., until 10:00 a.m. , Monday, April 24, 1995. ONE HUNDRED SIXTH CALENDAR DAY SIXTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 24, 1995 The Senate met in regular session at 10:18 a.m., President Boswell presiding. Prayer was offered by the Reverend John Epperson, pastor of the Christian Church, Grinnell, Iowa. The Journal of Thursday, April 20, 1995, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Deluhery and Flynn until they arrive on request of Senator Horn. BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.R. 19 Human Resources H.C.R. 18 Transportation H.C.R. 23 Transportation H.F. 511 Commerce H.F. 555 Ways and Means H.F. 563 State Government H.F. 565 Appropriations QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 44 present, 6 absent and a quorum present. HOUSE AMENDMENT CONSIDERED Senate Concurrent Resolution 11 Senator Gettings called up for consideration Senate Concurrent Resolution 11, a concurrent resolution declaring support for Amtrak, amended by the House, and moved that the Senate concur in House amendment S-3538 filed April 20, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Gettings moved that the resolution as amended by the House and concurred in by the Senate be adopted, which motion prevailed by a voice vote. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 469 On motion of Senator Neuhauser, Senate File 469, a bill for an act relating to the definition of business income for purposes of the state corporate income tax and providing effective and applicability date provisions, was taken up for consideration. Senator Neuhauser asked and received unanimous consent that House File 548 be substituted for Senate File 469. House File 548 On motion of Senator Neuhauser, House File 548, a bill for an act relating to the definition of business income for purposes of the state corporate income tax and providing effective and applicability date provisions, was taken up for consideration. Senator Rife asked and received unanimous consent that action on House File 548 be deferred. HOUSE AMENDMENT CONSIDERED Senate File 358 Senator McKean called up for consideration 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, amended by the House in House amendment S-3489 filed April 19, 1995. Senator Lind offered amendment S-3506 filed by Senators Lind, et al., on April 20, 1995, to House amendment S-3489 and moved its adoption. Amendment S-3506 was adopted by a voice vote. Senator McKean 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 McKean 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. 358) the vote was: Ayes, 47: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Flynn Palmer Priebe The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senate File 373 Senator Neuhauser called up for consideration Senate File 373, a bill for an act to permit the court to find a person in contempt for failure to pay restitution after the period of probation, work release, parole, or the persons sentence has ended, amended by the House, and moved that the Senate concur in House amendment S-3491 filed April 19, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Neuhauser 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. 373) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink 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: Flynn 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 482 On motion of Senator Giannetto, Senate File 482, a bill for an act establishing economic and other penalties for certain criminal activity, with report of committee reecommending amendment and passage, was taken up for consideration. Senator Giannetto offered amendment S-3488 filed by the committee on Judiciary on April 19, 1995 to pages 54 and 55 of the bill and moved its adoption. Amendment S-3488 was adopted by a voice vote. Senator Giannetto offered amendment S-3513 filed by him on April 20, 1995, to page 30 of the bill and moved its adoption. Amendment S-3513 was adopted by a voice vote. Senator Giannetto offered amendment S-3505 filed by Senators Giannetto and Bisignano on April 20, 1995, to page 50 of the bill and moved its adoption. Amendment S-3505 was adopted by a voice vote. Senator Giannetto moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (S.F. 482) the vote was: .EJECT -8- Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink 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: Flynn 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 528 On motion of Senator Hammond, House File 528, a bill for an act relating to criminal and juvenile justice, including authorizing the suspension of the juveniles motor vehicle license, authorizing a criminal justice agency to retain a copy of a juveniles fingerprint card, providing that certain identifying information regarding juveniles involved in delinquent acts is a public record, exempting certain offenses from the jurisdiction of the juvenile court, placing a juvenile in detention as a dispositional alternative, waiving a juvenile to adult court, the release or detention of certain criminal defendants pending sentencing or appeal following conviction, limiting the circumstances under which a juvenile may consume alcoholic beverages, providing for notice to parents when a juvenile is taken into custody for alcohol offenses, adding custody and adjudication information regarding juveniles to state criminal history files, establishing a juvenile justice task force, authorizing the transmission of communicable disease information by radio in certain circumstances, and enhancing or establishing penalties, with report of committee recommending passage, and placed on the Unfinished Business Calendar on April 13, 1995, was taken up for consideration. Senator Hammond offered amendment S-3514 filed by her on April 20, 1995, to pages 1-11, 19, 22, 23 and the title page of the bill. Senator Borlaug raised the point of order that amendment S-3514 was not germane to the bill. The Chair ruled the point not well taken and amendment S-3514 in order. Senator Connolly asked and received unanimous consent that action on amendment S-3514 and House File 528 be deferred. The Senate stood at ease at 11:50 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 2:21 p.m., President Boswell presiding. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. Senator Fraise took the chair at 2:28 p.m. President Boswell took the chair at 2:38 p.m. The vote revealed 45 present, 5 absent and a quorum present. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Maddox until he returns on request of Senator Hedge. CONSIDERATION OF BILL (Appropriations Calendar) House File 482 On motion of Senator Dvorsky, House File 482, a bill for an act relating to the funding for the Iowa communications network and providing an appropriation, with report of committee recommending passage, was taken up for consideration. Senator Flynn offered amendment S-3499 filed by Senators Flynn and Dvorsky on April 19, 1995, to pages 1-5 of the bill. Senator Flynn asked and received unanimous consent that action on amendment S-3499 be deferred. Senator McLaren offered amendment S-3511 filed by him on April 20, 1995, to page 4 of the bill and moved its adoption. Amendment S-3511 was adopted by a voice vote. Senator Hansen withdrew amendment S-3495 filed by him on April 19, 1995, to page 4 of the bill. Senator Halvorson offered amendment S-3550 filed by him from the floor to page 3 of the bill and moved its adoption. Amendment S-3550 lost by a voice vote. The Senate resumed consideration of amendment S-3499 by Senators Flynn and Dvorsky to pages 1-5 of the bill, previously deferred. Senator Flynn called for a division of amendment S-3499: lines 3 and 4 as division S-3499A and lines 5-23 as division S-3499B. Senator Flynn asked and received unanimous consent that action on division S-3499A be deferred. Senator Flynn moved the adoption of division S-3499B, which motion prevailed by a voice vote. (Action on House File 482 was deferred, division S-3499A pending). UNFINISHED BUSINESS CALENDAR House File 203 On motion of Senator Giannetto, House File 203, a bill for an act relating to the location of the office of the commission of veterans affairs, and providing an effective date, with report of committee recommending passage, and placed on the Unfinished Business Calendar on April 13, 1995, was taken up for consideration. Senator Giannetto offered amendment S-3481 filed by him on April 18, 1995, to page 1 of the bill. Senator Giannetto offered amendment S-3526 filed by Senators Giannetto, et al. , on April 20, 1995, to amendment S-3481 and moved its adoption. Amendment S-3526 was adopted by a voice vote. Senator Giannetto moved the adoption of amendment S-3481 as amended, which motion prevailed by a voice vote. Senator Giannetto moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (H.F. 203) 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. BUSINESS PENDING House File 528 The Senate resumed consideration of House File 528, a bill for an act relating to criminal and juvenile justice, including authorizing the suspension of the juveniles motor vehicle license, authorizing a criminal justice agency to retain a copy of a juveniles fingerprint card, providing that certain identifying information regarding juveniles involved in delinquent acts is a public record, exempting certain offenses from the jurisdiction of the juvenile court, placing a juvenile in detention as a dispositional alternative, waiving a juvenile to adult court, the release or detention of certain criminal defendants pending sentencing or appeal following conviction, limiting the circumstances under which a juvenile may consume alcoholic beverages, providing for notice to parents when a juvenile is taken into custody for alcohol offenses, adding custody and adjudication information regarding juveniles to state criminal history files, establishing a juvenile justice task force, authorizing the transmission of communicable disease information by radio in certain circumstances, and enhancing or establishing penalties, and amendment S-3514 by Senator Hammond to pages 1-11, 19, 22, 23 and the title page of the bill, previously deferred. Senator Borlaug offered amendment S-3549 filed by him from the floor to amendment S-3514 and moved its adoption. Amendment S-3549 lost by a voice vote. Senator Hammond moved the adoption of amendment S-3514 which motion prevailed by a voice vote. 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. 528) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 486 Senator Hansen called up for consideration 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, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3521 to Senate amendment H-3989 filed April 20, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Hansen 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. 486) 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 Neuhauser called up the motion to reconsider House File 94 filed by her on April 19, 1995, found on page 1318 of the Senate Journal and moved its adoption. On the question Shall the motion to reconsider be adopted? (H.F. 94) the vote was: Ayes, 30: Bartz Bisignano Black Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Gettings Giannetto Gronstal Halvorson Hammond Hansen Horn Husak Judge Kramer Maddox Murphy Neuhauser Palmer Rittmer Szymoniak Tinsman Vilsack Nays, 20: Banks Bennett Boettger Borlaug Fraise Freeman Hedge Iverson Jensen Kibbie Lind Lundby McKean McLaren Priebe Redfern Rensink Rife Sorensen Zieman The motion prevailed. Senator Neuhauser moved to reconsider the vote by which House File 94 went to its last reading, which motion prevailed by a voice vote. 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, was taken up for reconsideration. Senator Neuhauser offered amendment S-3510 filed by her on April 20, 1995, to page 1 of the bill and moved its adoption. Amendment S-3510 was adopted by a voice vote. 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, 32: Bartz Bisignano Black Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Gettings Giannetto Gronstal Halvorson Hammond Hansen Horn Husak Judge Kibbie Kramer Lundby Maddox Murphy Neuhauser Palmer Priebe Szymoniak Tinsman Vilsack Nays, 18: Banks Bennett Boettger Borlaug Fraise Freeman Hedge Iverson Jensen Lind McKean McLaren Redfern Rensink Rife Rittmer Sorensen Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 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 24, 1995, passed the following bills in which the concurrence of the House was asked: Senate File 223, a bill for an act providing for notification of certain persons receiving public assistance of tax suspension provisions. Senate File 403, a bill for an act relating to collection of delinquent restitution payments and providing an effective date. ALSO: That the House has on April 24, 1995, passed the following bill in which the concurrence of the Senate is asked: House File 566, a bill for an act relating to the taxation of sales of residential service contracts under the state sales, services, and use taxes. This bill was read first time and passed on file. INTRODUCTION OF RESOLUTION Senate Resolution 20, by committee on Rules and Administration, a senate resolution relating to daily operations of the Senate. Read first time and placed on calendar. BUSINESS PENDING House File 482 The Senate resumed consideration of House File 482, a bill for an act relating to the funding for the Iowa communications network and providing an appropriation, and division S-3499A by Senators Flynn and Dvorsky to page 1 of the bill, previously deferred. Senator Flynn offered amendment S-3554 filed by Senators Flynn, Dvorsky and McLaren from the floor to division S-3499A and moved its adoption. Amendment S-3554 was adopted by a voice vote. Senator Flynn moved the adoption of division S-3499A as amended, which motion prevailed by a voice vote. 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. 482) the vote was: Ayes, 48: 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 McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 2: Banks McKean 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 94 filed by Senator Bartz on April 19, 1995, and found on page 1318 of the the Senate Journal was out of order. BUSINESS PENDING House File 548 The Senate resumed consideration of House File 548, a bill for an act relating to the definition of business income for purposes of the state corporate income tax and providing effective and applicability date provisions, previously deferred. 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. 548) 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 469 be withdrawn from further consideration of the Senate. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 387 Senator Connolly called up for consideration House File 387, a bill for an act relating to the appointment of the student member to the state board of regents, reducing the student members term, and providing implementation and transition provisions, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3454 to Senate amendment H-3836 filed April 17, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Connolly 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. 387) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly 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, 1: Drake 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 150 Senator Dvorsky called up for consideration Senate File 150, a bill for an act relating to child abuse involving termination of parental rights in certain abuse or neglect cases and access by other states to child abuse information, amended by the House in House amendment S-3543 filed April 20, 1995. Senator Bartz offered amendment S-3557 filed by him from the floor to House amendment S-3543 and moved its adoption. Amendment S-3557 was adopted by a voice vote. Senator Dvorsky 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 Dvorsky 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. 150) the vote was: Ayes, 46: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Neuhauser Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Flynn Murphy Palmer Priebe The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 481 Senator Neuhauser called up for consideration 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, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3518 to Senate amendment H-3979 filed April 20, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Neuhauser 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. 481) the vote was: Ayes, 46: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Neuhauser Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Flynn Murphy Palmer Priebe 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 208 Senator Szymoniak called up for consideration Senate File 208, a bill for an act relating to child abuse and termination of parental rights provisions, and providing an effective date, amended by the House in House amendment S-3501 filed April 19, 1995. Senator Hammond withdrew amendment S-3509 filed by her on April 20, 1995, to House amendment S-3501. Senator Szymoniak offered amendment S-3534 filed by her on April 20, 1995, to House amendment S-3501 and moved its adoption. Amendment S-3534 was adopted by a voice vote. Senator Szymoniak offered amendment S-3558 filed by her from the floor to House amendment S-3501. Senator Lind asked and received unanimous consent that action on amendment S-3558 to House amendment S-3501, House amendment S-3501 and Senate File 208 be deferred. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 20, a senate resolution relating to daily operations of the Senate. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 8: Horn, Boswell, Rife, Gettings, Gronstal, Husak, Kramer and Lind. Nays, none. Absent or not voting, 1: Bisignano. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. President pro tempore Bisignano took the chair at 4:57 p.m. Senate File 427 Senator Kibbie called up for consideration Senate File 427, a bill for an act relating to authorizing the payment of salaries to senior judges, providing for a maximum retirement annuity amount paid to senior judges, affecting senior judge retirement benefits, the appointment of judges to senior judge status, and providing effective and applicability dates, amended by the House, and moved that the Senate concur in House amendment S-3508 filed April 20, 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. 427) the vote was: Ayes, 45: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Fraise Freeman Gettings Giannetto Gronstal Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Neuhauser Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 1: Halvorson Absent or not voting, 4: Flynn Murphy Palmer Priebe 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) Senator Horn asked and received unanimous consent to take up for consideration Senate Resolution 20. Senate Resolution 20 On motion of Senator Boswell, Senate Resolution 20, a senate resolution relating to daily operations of the Senate, was taken up for consideration. Senator Boswell moved the adoption of Senate Resolution 20, which motion prevailed by a voice vote. CONSIDERATION OF BILL (Appropriations Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate File 484. Senate File 484 On motion of Senator Judge, Senate File 484, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters, providing an effective date, and providing penalties, was taken up for consideration. President Boswell took the chair at 5:20 p.m. Senator Gronstal offered amendment S-3551 filed by Senators Gronstal and Kramer from the floor to pages 3, 4, 30-32 and 45 of the bill. Senator Gronstal offered amendment S-3559 filed by Senators Gronstal and Kramer from the floor to amendment S-3531 and moved its adoption. Amendment S-3559 was adopted by a voice vote. Senator Gronstal moved the adoption of amendment S-3551 as amended, which motion prevailed by a voice vote. Senator Jensen offered amendment S-3556 filed by him from the floor to page 6 of the bill and moved its adoption. Amendment S-3556 was adopted by a voice vote. Senator Hammond offered amendment S-3548 filed by her from the floor to page 9 of the bill. Senator Judge offered amendment S-3560 filed by Senators Judge and Bartz from the floor to amendment S-3548. Senator Szymoniak asked and received unanimous consent that action on amendment S-3560 to amendment S-3548 and amendment S-3548 be deferred. Senator Giannetto offered amendment S-3547 filed by him from the floor to page 11 of the bill. Senator Giannetto asked and received unanimous consent that action on amendment S-3547 be deferred. Senator Lind asked and received unanimous consent to withdraw amendment S-3562 filed by Senators Lind and Vilsack from the floor to page 28 of the bill. Senator Gronstal offered amendment S-3552 filed by him from the floor to pages 30 and 45 of the bill and moved its adoption. A record roll call was requested. On the question Shall amendment S-3552 be adopted? (S.F. 484) the vote was: Ayes, 29: Banks Bisignano Black Boettger Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gronstal Halvorson Hammond Horn Kibbie Kramer Lundby Maddox McKean Palmer Priebe Rittmer Sorensen Szymoniak Tinsman Vilsack Nays, 21: Bartz Bennett Borlaug Boswell Fraise Gettings Giannetto Hansen Hedge Husak Iverson Jensen Judge Lind McLaren Murphy Neuhauser Redfern Rensink Rife Zieman Amendment S-3552 was adopted. Senator Dvorsky offered amendment S-3561 filed by Senators Dvorsky, et al., from the floor to page 30 of the bill. Senator Drake raised the point of order that amendment S-3561 was not germane to the bill. The Chair ruled the point not well taken and amendment S-3561 in order. Senator Dvorsky moved the adoption of amendment S-3561, which motion prevailed by a voice vote. Senator Giannetto withdrew amendment S-3547 by him to page 11 of the bill, previously deferred. Senator Gronstal offered amendment S-3565 filed by Senators Gronstal, et al., from the floor to page 30 of the bill. Senator Szymoniak raised the point of order that amendment S-3565 was not germane to the bill. The Chair ruled the point not well taken and amendment S-3565 in order. Senator Gronstal moved the adoption of amendment S-3565. A record roll call was requested. On the question Shall amendment S-3565 be adopted? (S.F. 484) the vote was: Ayes, 33: Banks Bartz Bisignano Black Borlaug Boswell Connolly Dearden Deluhery Dvorsky Fink Fraise Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lundby McKean Murphy Palmer Priebe Redfern Rensink Sorensen Vilsack Nays, 17: Bennett Boettger Douglas Drake Flynn Freeman Gettings Kramer Lind Maddox McLaren Neuhauser Rife Rittmer Szymoniak Tinsman Zieman Amendment S-3565 was adopted. Senator Jensen offered amendment S-3546 filed by him from the floor to page 44 of the bill. Senator Judge raised the point of order that amendment S-3546 was not germane to the bill. The Chair ruled the point well taken and amendment S-3546 out of order. The Senate resumed consideration of amendment S-3548 by Senator Hammond to page 9 of the bill, previously deferred. Senator Judge offered amendment S-3567 filed by Senators Judge and Bartz from the floor to amendment S-3548 and moved its adoption. Amendment S-3567 was adopted by a voice vote. With the adoption of amendment S-3567, the Chair ruled amendment S-3560 by Senators Judge and Bartz to amendment S-3548, previously deferred, out of order. Senator Hammond moved the adoption of amendment S-3548 as amended, which motion prevailed by a voice vote. Senator Szymoniak offered amendment S-3566 filed by Senators Szymoniak and Tinsman from the floor to page 14 of the bill and moved its adoption. A record roll call was requested. On the question Shall amendment S-3566 be adopted? (S.F. 484) the vote was: Ayes, 21: Bartz Boettger Borlaug Douglas Drake Gettings Hammond Iverson Jensen Kibbie Kramer Lind Lundby Maddox Neuhauser Palmer Redfern Rittmer Szymoniak Tinsman Vilsack Nays, 28: Banks Bennett Bisignano Black Boswell Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Giannetto Gronstal Halvorson Hansen Hedge Horn Husak Judge McKean McLaren Murphy Rensink Rife Sorensen Zieman Absent or not voting, 1: Priebe Amendment S-3566 lost. Senator Rife 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-3561 to Senate File 484 was adopted by the Senate on April 24, 1995. A record roll call was requested. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Priebe for the remainder of the day on request of Senator Black. BUSINESS PENDING Senate File 484 On the question Shall the motion to reconsider be adopted? (S.F. 484) the vote was: Ayes, 16: Bennett Boettger Borlaug Douglas Drake Freeman Gettings Hedge Iverson Kramer McLaren Rensink Rife Rittmer Tinsman Zieman Nays, 33: Banks Bartz Bisignano Black Boswell Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Giannetto Gronstal Halvorson Hammond Hansen Horn Husak Jensen Judge Kibbie Lind Lundby Maddox McKean Murphy Neuhauser Palmer Redfern Sorensen Szymoniak Vilsack Absent or not voting, 1: Priebe The motion lost. 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 24, 1995, passed the following bill in which the concurrence of the House was asked: Senate File 83, a bill for an act extending for an additional budget year the regular program district cost guarantee for school districts and increasing the amount of that guarantee and providing an effective date. ALSO: That the House has on April 24, 1995, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 390, a bill for an act relating to the Iowa arts and cultural enhancement and endowment program and foundation (S-3555). ALSO: That the House has on April 24, 1995, concurred in the Senate amendment to the House amendment, and passed the following bills in which the concurrence of the House was asked: Senate File 398, a bill for an act relating to commutation of sentences of persons who have been sentenced to life imprisonment. 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. ALSO: That the House has on April 24, 1995, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 197, a bill for an act relating to the expansion of the volunteer physician program to include other health care providers. ALSO: That the House has on April 24, 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 471, a bill for an act relating to prison time served by persons convicted of an aggravated misdemeanor or greater offense, by providing for changes in the mandatory minimum terms of sentences to be served, by permitting the imposition of up to ninety days of the total sentence in a county jail in addition to any terms of probation, and providing for a reduction in the amount of good and honor time that may be earned by forcible felons (S-3568). ALSO: That the House has on April 24, 1995, passed the following bill in which the concurrence of the Senate is asked: House File 571, a bill for an act relating to the frequency of referendums held on excursion gambling boat proposals or gambling games proposals for licensed pari-mutuel racetracks and the qualifications of a qualifying organization which are necessary to conduct pari- mutuel wagering at racetracks or gambling games on excursion gambling boats and providing effective and applicability dates. This bill was read first time and passed on file. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Concurrent Resolution 11, Senate Files 358, 482, 484 and House Files 203, 528, 486, 94, 482, 548, 387 and 481 be immediately messaged to the House. Senator Horn asked and received unanimous consent to send an immediate message on Senate Files 373 and 427 to the House. BUSINESS PENDING Senate File 484 The Senate resumed consideration of Senate File 484. Senator Neuhauser offered amendment S-3569 filed by Senators Neuhauser and Murphy from the floor to page 15 of the bill and moved its adoption. A non record roll call was requested. The ayes were 26, nays 22. Amendment S-3569 was adopted. Senator Judge moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (S.F. 484) the vote was: Ayes, 26: Bisignano Black Boswell Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Giannetto Gronstal Halvorson Hammond Hansen Horn Husak Judge Kibbie Murphy Neuhauser Palmer Sorensen Szymoniak Vilsack Nays, 23: Banks Bartz Bennett Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen Kramer Lind Lundby Maddox McKean McLaren Redfern Rensink Rife Rittmer Tinsman Zieman Absent or not voting, 1: Priebe The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Horn asked and received unanimous consent that Senate File 484 be immediately messaged to the House. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 20, 1995. 4:02 p.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Members Absent: Bisignano (excused). Committee Business: Amended and approved SSB 365 as a committee bill. Adjourned: 4:50 p.m. RULES AND ADMINISTRATION Convened: April 20, 1995, 11:59 a.m. Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member; Gettings, Gronstal and Husak. Members Absent: Bisignano, Kramer and Lind. Committee Business: Approved committee resolution regarding President Clintons visit on April 29, 1995. Adjourned: 12:02 p.m. PETITIONS The following petitions were presented and placed on file by: Senator Giannetto from 1,014 residents of Iowa favoring the creation of and funding for a state veterans advocacy division to help protect and preserve the rights of our past, present and future veterans. Senator Zieman from 32 residents of Amnesty International opposing reinstatement of the death penalty in Iowa. Senator Borlaug from 134 residents of Floyd County favoring legislation eliminating taxation of retirees pensions. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Sixty fifth grade students from BCLUW Middle School, Union, accompanied by Mary Pieper and John Ehn. Senators Iverson, Jensen and Giannetto. Eight eighth grade students from Pine Grove Mennonite, Chester, accompanied by Mary Ann Nightengale. Senator Borlaug. Senator Szymoniak introduced several participants visiting the United States under the Freedom Support Grant Program for Russia to study the roles of committees in the legislative process. REPORTS OF THE SECRETARY OF THE SENATE MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 82, the following correction was made: 1. Page 4, line 16, the word and number Section 5 were changed to the word and number Section 8. ALSO: That in enrolling Senate File 462, the following corrections were made: 1. Page 1, line 35, the letter a was changed to the number 5. 2. Page 2, line 7, the letter b was changed to the letter a. 3. Page 2, line 14, the letter c was changed to the letter b. 4. Page 2, line 24, the letter d was changed to the letter c. 5. Page 2, line 32, the letter e was changed to the letter d. 6. Page 51, line 13, the words amended to reads as follows: were changed to the words amended to read as follows: 7. Page 52, line 22, the word and number subsection 200 were changed to the word and number subsection 14. 8. Page 51, line 25, the words and numbers sections 27 through 32 were changed to the words and numbers Sections 28 through 33;. 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 24th day of April, 1995: Senate Files 207, 155, 385, 341, 377, 272, 215, 132, 152, 164, 206, 229, 386, 443, 66, 82, 87, 431, 311, 346, 347, 371 and 462. JOHN F. DWYER Secretary of the Senate SUBCOMMITTEE ASSIGNMENTS House File 555 WAYS AND MEANS: Murphy, Chair; Iverson and Vilsack House File 565 APPROPRIATIONS: Vilsack, Chair; Kibbie and Kramer House Concurrent Resolution 18 TRANSPORTATION: Drake, Chair; Fraise and Gettings House Concurrent Resolution 23 TRANSPORTATION: Gettings, Chair; Drake and Fraise MOTION TO RECONSIDER MR. PRESIDENT: I move to reconsider the vote by which Senate File 150 passed the Senate on April 24, 1995. ELAINE SZYMONIAK BILLS SIGNED BY THE GOVERNOR Communication was received announcing that on April 24, 1995, the Governor approved and transmitted to the Secretary of State the following bills: SENATE FILE 88 - An act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. SENATE FILE 116 - Authorizing certain persons to access dependent adult abuse information. SENATE FILE 141 - Relating to notice for vacating and closing roads. SENATE FILE 147 - Providing for the issuance of single general permits by the Department of Natural Resources and providing an effective date. SENATE FILE 149 - Relating to child support recovery. SENATE FILE 174 - Relating to health facilities under the purview of the Department of Inspections and Appeals. SENATE FILE 233 - Relating to the suspension and revocation of drivers licenses and providing penalties for violations of out-of-service orders. SENATE FILE 247 - Relating to plastic garbage can liners with recycled content. SENATE FILE 298 - Relating to implements of husbandry, concerning the definition of implements of husbandry and weight restrictions for certain implements of husbandry. SENATE FILE 352 - Relating to the family investment program and related human services programs by requiring the Department of Human Services to apply for certain federal waivers and providing applicability provisions. SENATE FILE 402 - Relating to brands registered by the Department of Agriculture and Land Stewardship and providing for penalties. SENATE FILE 440 - Relating to probate including the lien period for estates which have not been administered, the amount which may be passed to a minor without appointing a conservator, the distribution of an intestate estate to the parents, and special use trusts. SENATE FILE 458 - Relating to the duties of the county treasurer and providing effective and applicabiity dates. AMENDMENTS FILED S-3544 H.F. 505 Elaine Szymoniak S-3545 H.F. 560 Merlin E. Bartz S-3546 S.F. 484 John W. Jensen S-3547 S.F. 484 Randal J. Giannetto S-3548 S.F. 484 Johnie Hammond S-3549 H.F. 528 Allen Borlaug S-3550 H.F. 482 Rod Halvorson S-3551 S.F. 484 Michael E. Gronstal Mary Kramer S-3552 S.F. 484 Michael E. Gronstal S-3553 S.F. 478 Michael E. Gronstal S-3554 H.F. 482 Tom Flynn Robert Dvorsky Derryl McLaren S-3555 S.F. 390 House amendment S-3556 S.F. 484 John W. Jensen S-3557 S.F. 150 Merlin E. Bartz S-3558 S.F. 208 Elaine Szymoniak S-3559 S.F. 484 Michael E. Gronstal Mary E. Kramer S-3560 S.F. 484 Patty Judge Merlin E. Bartz S-3561 S.F. 484 Robert E. Dvorsky Emil J. Husak Mary A. Lundby Jim Lind S-3562 S.F. 484 Jim Lind Tom Vilsack S-3563 S.F. 208 Elaine Szymoniak S-3564 H.F. 437 Merlin E. Bartz S-3565 S.F. 484 Michael E. Gronstal Eugene S. Fraise Emil J. Husak John Jensen Brad Banks Mary Lundby S-3566 S.F. 484 Elaine Szymoniak Maggie Tinsman S-3567 S.F. 484 Patty Judge Merlin E. Bartz S-3568 H.F. 471 House amendment S-3569 S.F. 484 Mary Neuhauser Larry Murphy ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 8:05 p.m., until 9:00 a.m., Tuesday, April 25, 1995.
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