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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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Index: Senate Journal (76th General Assembly: Session 1)
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