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SIXTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, April 27, 1995
The Senate met in regular session at 9:18 a.m., Senator Sorensen
presiding.
Prayer was offered by Monsignor Leonard M. Ziegmann, pastor of the
St. Francis of Assisi Catholic Church, Rockwell City, Iowa.
The Journal of Wednesday, April 26, 1995, was approved.
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 26, 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 208, a bill for an act relating to child abuse and
termination of parental rights provisions, and providing an effective
date.
ALSO: That the House has on April 26, 1995, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
House File 247, a bill for an act relating to the regulation of
insurance, including the authority of the insurance division to regulate
certain policies and contracts and parties to such policies and
contracts, establishing fees, and providing civil penalties.
ALSO: That the House has on April 26, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 574, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds, and
certain other entities, providing for other properly related matters,
and providing an effective date.
This bill was read first time and passed on file.
QUORUM CALL
Senator Husak requested a non record roll call to determine that a
quorum was present.
President Boswell took the chair at 9:35 a.m.
The vote revealed 50 present, none absent and a quorum present.
INTRODUCTION OF RESOLUTION
Senate Resolution 22, by Palmer and Bisignano, a resolution
honoring the pages of the Senate and providing for the awarding of
additional compensation as a bonus for extraordinary service.
Read first time and assigned to the committee on Rules and
Administration.
The Senate stood at ease at 10:20 a.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 11:11 a.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 39 present, 11 absent and a quorum present.
SENATE INSISTS
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, further amended by the
Senate and moved that the Senate insist on its amendment.
The motion prevailed by a voice vote and the Senate insisted on its
amendment.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the following conference committee on Senate
File 150 on the part of the Senate: Senators Dvorsky, Chair; Hammond,
Szymoniak, Boettger and Kramer.
UNFINISHED BUSINESS
(Deferred April 26, 1995)
Senate File 69
The Senate resumed consideration of Senate File 69, a bill for an
act relating to county expenditures of property taxes for mental health
and developmental disabilities costs by providing for reduction of
property taxes, making appropriations, and providing an effective date,
House amendment S-3082, and amendment S-3591 by Senators Vilsack, et
al., to House amendment S-3082, deferred April 26, 1995.
Senator Vilsack withdrew amendment S-3599 filed by him on April 26,
1995, to amendment S-3591 to House amendment S-3082.
Senator Vilsack offered amendment S-3600 filed by him from the
floor to amendment S-3591 to House amendment S-3082 and moved its
adoption.
Amendment S-3600 was adopted by a voice vote.
Senator Vilsack moved the adoption of amendment S-3591 as amended
to House amendment S-3082, which motion prevailed by a voice vote.
With the adoption of amendment S-3591 as amended to House amendment
S-3082, the Chair ruled the following amendments out of order:
S-3172 by Senator Lind to House amendment S-3082, deferred on April
26, 1995.
S-3361 by Senator Bennett to House amendment S-3082, deferred on
April 26, 1995.
S-3592 filed by Senators Bennett, et al., on April 26, 1995, to
amendment S-3591 to House amendment S-3082.
S-3593 by Senators Lundby, et al., to amendment S-3591 to House
amendment S-3082, deferred on April 26, 1995.
S-3594 filed by Senators Vilsack, et al., on April 26, 1995, to
amendment S-3361 to House amendment S-3082.
S-3595 filed by Senator Vilsack on April 26, 1995, to House
amendment S-3082.
S-3596 filed by Senator Vilsack on April 26, 1995, to amendment
S-3595 to House amendment S-3082.
S-3598 filed by Senators Rittmer and Drake on April 26, 1995, to
amendment S-3591 to House amendment S-3082.
Senator Vilsack 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 Vilsack 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. 69) 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.
MOTIONS TO RECONSIDER WITHDRAWN
House File 159
Senator Lind withdrew the motion to reconsider 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, filed by him on
April 20, 1995, and found on page 1348 of the Senate Journal.
House File 185
Senator Lind withdrew the motion to reconsider House File 185, a
bill for an act relating to the sales, services, and use tax exemption
for items used by printers and publishers, limiting the amount of
refunds, and providing retroactive and applicability date provisions,
filed by him on April 19, 1995, and found on page 1318 of the Senate
Journal.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
185, 159 and Senate File 69 be immediately messaged to the House.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 27, 1995, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 239, a bill for an act relating to the provision of
mediation in dissolution of marriage proceedings (S-3601).
ALSO: That the House has on April 27, 1995, passed the following
bill in which the concurrence of the House was asked:
Senate File 473, a bill for an act relating to the refund of
property taxes paid erroneously and providing effective and retroactive
applicability dates.
ALSO: That the House has on April 27, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 575, a bill for an act establishing the Iowa hope loan
program, creating an Iowa hope loan fund, and providing for other
properly related matters.
This bill was read first time and passed on file.
ALSO: That the House has on April 26, 1995, passed the following
bill in which the concurrence of the Senate is asked:
House File 572, a bill for an act relating to imposing a prison
and jail surcharge on scheduled fines and forfeitures and providing for
the appropriation and disposition of the proceeds from the surcharge for
prisons and jails.
This bill was read first time and assigned to committee on
Appropriations.
RECESS
On motion of Senator Horn, the Senate recessed at 12:57 p.m., until
2:30 p.m.
APPENDIX
REPORT OF COMMITTEE MEETING
AGRICULTURE
Convened: April 26, 1995, 8:59 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
McLaren, Palmer, Sorensen and Zieman.
Members Absent: none.
Committee Business: Approved SSB 366 as a committee bill.
Adjourned: 9:01 a.m.
MOTIONS TO RECONSIDER
(Filed April 26, 1995)
MR. PRESIDENT: I move to reconsider the vote by which House File
288 passed the Senate on April 26, 1995.
LARRY MURPHY
MR. PRESIDENT: I move to reconsider the vote by which House File
126 passed the Senate on April 26, 1995.
PATRICK J. DELUHERY
REPORTS OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
enrolling Senate File 290, the following corrections were made:
1. Page 21, lines 20 and 21, the words and numbers Sections 20 and
33 were changed to the words and numbers Sections 22 and 37.
2. Page 21, line 25, the words and numbers Sections 7, 16, and 18
were changed to the words and numbers Sections 7, 19, and 20.
ALSO: That in enrolling Senate File 398, the following correction
was made:
1. Page 1, line 4, the number and word 902.2. COMMUTATION were
changed to the number and weord 902.2 COMMUTATION.
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 27th day of April, 1995:
Senate Files 280, 79, 106, 85, 315, 422, 423, 457, 146, 181, 286,
293, 83, 290, 373 and 398.
JOHN F. DWYER Secretary of the Senate
COMMITTEE REPORTS
WAYS AND MEANS
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Palmer, Husak, Bennett, Drake, Freeman, Hedge,
Iverson, McLaren, Murphy and Priebe. Nays, none. Absent or not voting,
5: Connolly, Deluhery, Neuhauser, Szymoniak and Vilsack.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Palmer, Husak, Bennett, Connolly, Drake, Freeman,
Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, and Vilsack. Nays,
none. Absent or not voting, 2: Deluhery and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Thirty fifth grade students from Whittier Elementary School,
Oskaloosa, accompanied by Donna De Groot. Senator Hedge.
AMENDMENTS FILED
S-3600 S.F. 69 Tom Vilsack
S-3601 S.F. 239 House amendment
S-3602 S.F. 481 Don E. Gettings
S-3603 S.F. 481 Dick L. Dearden
AFTERNOON SESSION
The Senate reconvened at 4:07 p.m., President Boswell presiding.
QUORUM CALL
Senator Judge requested a non record roll call to determine that a
quorum was present.
The vote revealed 41 present, 9 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
members of the Conference Committee appointed April 27, 1995, on 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 on the part of the
House are: The Representative from Palo Alto, Mr. Salton, Chair; the
Representative from Cedar, Mr. Boddicker; the Representative from Story,
Ms. Burnett; the Representative from Dubuque, Ms. Jochum; the
Representative from Sioux, Mr. Veenstra.
ALSO: That the House has on April 27, 1995, amended and passed the
following bill in which the concurrence of the Senate is asked:
Senate File 472, a bill for an act relating to the local option
sales and services tax by authorizing political subdivisions that will
receive revenues from the tax to issue bonds in anticipation of the
receipt of the revenues and providing an effective date and a
retroactive applicability date (S-3604).
ALSO: That the House has on April 27, 1995, adopted the following
resolution in which the concurrence of the Senate is asked:
House Concurrent Resolution 40, a concurrent resolution designating
June 17, 1995, as the day to celebrate the ending of slavery and to
recognize the worth and value of all people.
This resolution was read first time and passed on file.
ALSO: That the House has on April 27, 1995, passed the following
bills in which the concurrence of the Senate is asked:
House File 569, a bill for an act relating to the motor vehicle
leasing tax and providing an applicability provision.
This bill was read first time and passed on file.
House File 573, a bill for an act relating to economic development
by establishing a workforce development fund, providing for the transfer
of certain employer withholding amounts to the workforce development
fund, and establishing a loan loss reserve program.
This bill was read first time and assigned to committee on Ways and
Means.
UNFINISHED BUSINESS
(Deferred April 17, 1995)
Senate File 471
The Senate resumed consideration of Senate File 471, a bill for an
act relating to the wagering tax on gambling games at pari-mutuel
racetrack enclosures, deferred April 17, 1995.
Senator Halvorson offered amendment S-3453 filed by him on April
17, 1995, to page 1 of the bill and moved its adoption.
Amendment S-3453 lost by a voice vote.
Senator Szymoniak moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 471) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 28:
Bisignano Black Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Fraise
Gronstal Hansen Husak Iverson
Judge Kibbie Kramer Lind
Maddox Palmer Priebe Rife
Rittmer Szymoniak Tinsman Vilsack
Nays, 19:
Banks Bartz Bennett Boettger
Flynn Freeman Gettings Giannetto
Halvorson Hammond Hedge Jensen
McKean McLaren Neuhauser Redfern
Rensink Sorensen Zieman
Absent or not voting, 3:
Horn Lundby Murphy
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 Husak called up the motion to reconsider House File 117
filed by him on April 11, 1995, found on page 1147 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (H.F.
117) the vote was:
Ayes, 31:
Bisignano Black Boswell Dearden
Deluhery Drake Dvorsky Fink
Fraise Freeman Gronstal Hansen
Horn Husak Iverson Judge
Kibbie Kramer Lind Lundby
Maddox McLaren Neuhauser Palmer
Priebe Rife Rittmer Szymoniak
Tinsman Vilsack
Nays, 18:
Banks Bartz Bennett Boettger
Borlaug Connolly Douglas Flynn
Gettings Giannetto Halvorson Hammond
Hedge McKean Redfern Rensink
Sorensen Zieman
Absent or not voting, 1:
Murphy
The motion prevailed.
Senator Husak moved to reconsider the vote by which House File 117
went to its last reading, which motion prevailed by a voice vote.
House File 117
On motion of Senator Bisignano, House File 117, a bill for an act
relating to cost of play and value of prizes of games of skill and games
of chance conducted at amusement concessions, was taken up for
reconsideration.
Senator Bisignano 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. 117) the vote was:
Ayes, 31:
Bisignano Black Boswell Dearden
Deluhery Drake Fink Fraise
Freeman Gronstal Hansen Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McLaren Murphy Neuhauser
Palmer Priebe Rife Rittmer
Szymoniak Tinsman Vilsack
Nays, 19:
Banks Bartz Bennett Boettger
Borlaug Connolly Douglas Dvorsky
Flynn Gettings Giannetto Halvorson
Hammond Hedge McKean Redfern
Rensink Sorensen Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 27, 1995, passed the following bill in which the
concurrence of the Senate is asked:
House File 577, a bill for an act relating to the creation of real
estate improvement districts, authorizing the issuance of general
obligation bonds and revenue bonds, the imposition of ad valorem
property taxes, special assessments and fees, and other related matters.
This bill was read first time and assigned to committee on Ways and
Means.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
117 and Senate File 471 be immediately messaged to the House.
UNFINISHED BUSINESS CALENDAR
House File 494
On motion of Senator Gronstal, House File 494, a bill for an act
relating to the office of secretary of state, the conduct of elections,
and the registration of voters in the state and relating to corrective
and technical changes to Iowas election laws, with report of committee
recommending passage, and placed on the Unfinished Business Calendar on
April 13, 1995, was taken up for consideration.
Senator Drake offered amendment S-3465 filed by Senators Drake and
Gronstal on April 18, 1995, to page 3 of the bill and moved its
adoption.
Amendment S-3465 was adopted by a voice vote.
Senator Gronstal asked and received unanimous consent that action
on House File 494 be deferred.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 528
Senator Hammond called up for consideration 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, amended by the Senate, further
amended by the House and moved that the Senate concur in House amendment
S-3586 to Senate amendment H-4057 filed April 26, 1995.
A record roll call was requested.
On the question Shall the motion to concur be adopted? (H.F. 528)
the vote was:
Ayes, 28:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Flynn
Fraise Freeman Gettings Gronstal
Halvorson Hedge Iverson Jensen
Kramer Lind Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Sorensen Tinsman Zieman
Nays, 22:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Giannetto Hammond Hansen Horn
Husak Judge Kibbie Lundby
Murphy Neuhauser Palmer Priebe
Szymoniak Vilsack
The motion prevailed and the Senate concurred in the House
amendment to the Senate amendment.
Senator Hammond 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. 528) the vote was:
Ayes, 44:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Maddox
McKean McLaren Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Tinsman Vilsack Zieman
Nays, 4:
Dvorsky Hansen Lundby Neuhauser
Absent or not voting, 2:
Murphy Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
HOUSE AMENDMENT CONSIDERED
Senate File 179
Senator Judge called up for consideration Senate File 179, a bill
for an act relating to the maximum property tax levy for certain county
hospitals, amended by the House, and moved that the Senate concur in
House amendment S-3585 filed April 26, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Judge 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. 179) the vote was:
Ayes, 38:
Bartz Bennett Boettger Borlaug
Boswell Connolly Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Gronstal
Halvorson Hammond Hedge Horn
Husak Jensen Judge Kramer
Lind Lundby Maddox McKean
Murphy Neuhauser Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Zieman
Nays, 11:
Banks Bisignano Black Dearden
Giannetto Hansen Iverson Kibbie
McLaren Palmer Priebe
Absent or not voting, 1:
Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
The Senate stood at ease at 5:20 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 5:23 p.m., President Boswell
presiding.
BUSINESS PENDING
House File 494
The Senate resumed consideration of House File 494, a bill for an
act relating to the office of secretary of state, the conduct of
elections, and the registration of voters in the state and relating to
corrective and technical changes to Iowas election laws, previously
deferred.
Senator Halvorson offered amendment S-3608 filed by him from the
floor to page 3 of the bill and moved its adoption.
Amendment S-3608 was adopted by a voice vote.
Senator Gronstal offered amendment S-3606 filed by him from the
floor to page 7 of the bill and moved its adoption.
Amendment S-3606 was adopted by a voice vote.
Senator Gronstal offered amendment S-3607 filed by him from the
floor to page 11 of the bill.
Senator Gronstal asked and received unanimous consent that action
on amendment S-3607 and House File 494 be deferred.
HOUSE MESSAGE RECEIVED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 27, 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 69, a bill for an act relating to county expenditures
of property taxes for mental health and developmental disabilities costs
by providing for reduction of property taxes, making appropriations, and
providing an effective date.
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
528 passed the Senate on April 27, 1995.
MICHAEL E. GRONSTAL
MR. PRESIDENT: I move to reconsider the vote by which the Senate
concurred in the House amendment to the Senate amendment to House File
528 on April 27, 1995.
MICHAEL E. GRONSTAL
MOTION TO RECONSIDER ADOPTED
Senator Gronstal called up the motion to reconsider House File 528
filed by him on April 27, 1995, found on page 1478 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (H.F.
528) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 26:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Murphy
Neuhauser Palmer Priebe Sorensen
Szymoniak Vilsack
Nays, 24:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Gettings Hedge Iverson Jensen
Kramer Lind Lundby Maddox
McKean McLaren Redfern Rensink
Rife Rittmer Tinsman Zieman
The motion prevailed.
Senator Gronstal moved to reconsider the vote by which House File
528 went to its last reading, which motion prevailed by a voice vote.
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, was taken up for reconsideration.
Senator Lind asked unanimous consent that action on House File 528
be deferred.
Senator Gronstal raised the point of order that the request to
defer was not in order until the vote on the motion to reconsider the
House amendment had been completed.
The Chair ruled the point not well taken and action on House File
528 was deferred.
The Senate stood at ease at 5:55 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 8:48 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.
INTRODUCTION OF RESOLUTIONS
Senate Concurrent Resolution 29, by Palmer and Vilsack, a
concurrent resolution requesting the legislative council to establish an
interim committee to study state taxes.
Read first time and passed on file.
Senate Concurrent Resolution 30, by Connolly and Kramer, a
concurrent resolution relating to an interim study on the effects of
conditions of poverty on the education of the children of Iowa.
Read first time and passed on file.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.C.R. 30 Rules and Administration
H.C.R. 40 Human Resources
H.F. 569 Ways and Means
H.F. 575 Ways and Means
MOTIONS TO RECONSIDER WITHDRAWN
House File 126
Senator Gronstal withdrew the motion to reconsider House File 126,
a bill for an act relating to certain franchise agreements by amending
provisions relating to transfer, termination, and nonrenewal of
franchise agreements, and to a civil cause of action for appropriate
relief, and repealing certain franchise provisions, filed by him on
April 26, 1995, and found on page 1456 of the Senate Journal.
Senator Deluhery withdrew the motion to reconsider House File 126
filed by him on April 26, 1995, and found on page 1466 of the Senate
Journal.
Senator Horn asked and received unanimous consent that House File
126 be immediately messaged to the House.
HOUSE AMENDMENT CONSIDERED
Senate File 481
Senator Halvorson called up for consideration Senate File 481, a
bill for an act relating to and making appropriations to the state
department of transportation including allocation and use of moneys from
the general fund, road use tax fund, and primary road fund, and making
appropriations to various state agencies for capital projects, to the
primary road fund, to county fairs and to the Iowa state fair from the
rebuild Iowa infrastructure account and the general fund, relating to
the living roadway trust fund and the state roadside specialist, the
primary road and state highway system, and other transportation-related
statutory changes, requiring transportation-related studies, making
technical changes, and providing an effective date, amended by the House
in House amendment S-3597 filed April 26, 1995.
Senator Murphy offered amendment S-3610 filed by Senators Murphy
and Lind from the floor to House amendment S-3597 and moved its
adoption.
Amendment S-3610 was adopted by a voice vote.
Senator Dearden offered amendment S-3603 filed by him from the
floor to House amendment S-3597 and moved its adoption.
Amendment S-3603 was adopted by a voice vote.
Senator Gettings offered amendment S-3602 filed by him from the
floor to House amendment S-3597 and moved its adoption.
Amendment S-3602 was adopted by a voice vote.
Senator Halvorson 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 Halvorson 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. 481) the vote was:
Ayes, 49:
Banks Bartz Bennett 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.
Absent or not voting, 1:
Bisignano
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
HOUSE MESSAGE 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 27, 1995, concurred in the Senate amendment and
passed the following bill in which the concurrence of the House was
asked:
House File 185, a bill for an act relating to the sales, services,
and use tax exemption for items used by printers and publishers,
limiting the amount of refunds, and providing retroactive and
applicability date provisions.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 31, by committee on Appropriations, a
concurrent resolution requesting that Congress introduce legislation
providing for state sovereignty through the low-cost financing of debt
and needed capital projects by state and local governments.
Read first time and placed on Appropriations Calendar.
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, previously deferred.
Senator Gronstal called up the motion to reconsider the vote by
which the Senate concurred in House amendment S-3586 to Senate amendment
H-4057 to Senate File 258 on April 27, 1995, filed by him on April 27,
1995, found on page 1478 of the Senate Journal and moved its adoption.
A record roll call was requested.
On the question Shall the motion to reconsider be adopted? (H.F.
528) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 26:
Black Boswell Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Murphy
Neuhauser Palmer Priebe Sorensen
Szymoniak Vilsack
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:
Bisignano
The motion prevailed by a voice vote and House amendment S-3586 to
Senate amendment H-4057, was taken up for reconsideration.
Senator Hammond moved that the Senate concur in the House amendment
to the Senate amendment.
A record roll call was requested.
On the question Shall the motion to concur be adopted? (H.F. 528)
the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Gettings Hedge Iverson Jensen
Kramer Lind Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Nays, 26:
Black Boswell Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Lundby Murphy
Neuhauser Palmer Priebe Sorensen
Szymoniak Vilsack
Absent or not voting, 1:
Bisignano
The motion lost and the Senate refused to concur in the House
amendment to the Senate amendment.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
481 and House File 528 be immediately messaged to the House and to send
an immediate message to the House on Senate File 179.
CONFERENCE COMMITTEE REPORT RECEIVED
(Senate File 150)
A conference committee report signed by the following Senate and
House members was filed April 27, 1995, on 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:
On the Part of the Senate: On the Part of the House:
ROBERT DVORSKY, Chair BILL SALTON, Chair
NANCY BOETTGER DAN BODDICKER
JOHNIE HAMMOND CECELIA BURNETT
MARY E. KRAMER PAM JOCHUM
ELAINE SZYMONIAK KEN VEENSTRA
CONFERENCE COMMITTEE REPORT ADOPTED
Senate File 150
Senator Dvorsky called up the conference committee report on 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, filed on April 27,
1995, and moved its adoption.
The motion prevailed by a voice vote and the conference committee
report and the recommendations and amendments contained therein was
adopted.
Senator Dvorsky moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 150) the vote was:
Ayes, 49:
Banks Bartz Bennett 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.
Absent or not voting, 1:
Bisignano
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
150 be immediately messaged to the House.
The Senate stood at ease at 9:38 p.m. until the fall of the gavel.
The Senate resumed session at 10:11 p.m., President Boswell
presiding.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 27, 1995, passed the following bill in which the
concurrence of the Senate is asked:
House File 578, a bill for an act relating to the Iowa
communications network by providing for the connection and support of
certain Part III users, directing the commission to develop a request
for proposals for additional connections, making appropriations, and
making related statutory changes.
This bill was read first time and passed on file.
INTRODUCTION OF BILL
Senate File 485, by committee on Ways and Means, a bill for an
act authorizing certain counties, cities, or school districts to create
a joint authority to issue bonds to build and own buildings and
authorizing a tax levy by school districts to lease buildings.
Read first time and placed on Ways and Means Calendar.
APPENDIX
STUDY BILLS RECEIVED
SSB 367
Appropriations
Relating to imposing a civil penalty for certain motor vehicle
license revocations, imposing a surcharge on scheduled fines and
forfeitures, and providing for the appropriation and disposition of the
proceeds from the civil penalty and from the surcharge for prisons and
jails.
SSB 368
Appropriations
A Concurrent Resolution requesting that Congress introduce
legislation providing for state sovereignty through the low-cost
financing of debt and needed capital projects by state and local
governments.
SUBCOMMITTEE ASSIGNMENTS
SSB 367
APPROPRIATIONS: Vilsack, Chair; Gronstal and Iverson
SSB 368
APPROPRIATIONS: Kibbie, Chair; Lind and Murphy
House File 572
APPROPRIATIONS: Vilsack, Chair; Gronstal and Iverson
BILLS SIGNED BY THE GOVERNOR
Communications were received announcing that on April 27, 1995, the
Governor approved and transmitted to the Secretary of State the
following bills:
SENATE FILE 66 - Relating to cruelty to police service dogs and
providing for enhance penalties.
SENATE FILE 152 - Relating to the name of those persons who engage
in the practice of podiatry.
SENATE FILE 155 - Relating to employment services by eliminating
wage credit liability transfers and allowing all employers relief from
charges when an unemployment compensation overpayment is made and
providing an applicability date.
SENATE FILE 176 - Relating to the filing of intergovernmental
agreements for the joint exercise of governmental powers in certain
counties.
SENATE FILE 205 - Relating to shared superintendents for purposes
of the supplementary weighting plan for public school districts and
providing effective and retroactive applicability dates
SENATE FILE 228 - Relating to the statewide notification center by
providing that the center is subject to the open meetings and public
records law, requiring certain financial information to be reported,
establishing an audit requirement, and providing a penalty.
SENATE FILE 341 - Relating to delinquency charges on credit cards
used to purchase or lease goods or services from less than one hundred
persons not related to the card issuer.
SENATE FILE 351 - Authorizing certain cities to appoint additional
members to certain city commissions.
SENATE FILE 431 - Relating to child support collection, including
the establishment of the amount of child support required by certain
parents who are nineteen years of age or younger, provisions relating to
the suspension, revocation, nonissuance, and nonrenewal of certain
licenses for failure to pay support, and implementation provisions.
SENATE FILE 433 - 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 applicabiity provisions.
PRESENTATION OF VISITORS
The following visitors were present in the Senate gallery:
Ninety-four eleventh and twelfth grade students from North High
School, Sioux City, accompanied by Larry Twait. Senator Hansen.
Fifteen eighth grade students from St. Patricks School, Sheldon,
accompanied by Pam Wehmeyer. Senator Rensink.
GOVERNORS ITEM VETO MESSAGE
April 27, 1995
The Honorable Leonard Boswell
President of the Senate
State Capitol Building
L O C A L
Dear Mr. President:
I hereby transmit Senate File 462, an act relating to
appropriations for the Department of Human Services and the Prevention
of Disabilities Policy Council and including other provisions and
appropriations involving human services and health care and providing
for effective and applicability dates.
Senate File 462 is, therefore, approved on this date with the
following exceptions which I hereby disapprove.
I am unable to approve the designated portions of Section 3,
subsection 10, paragraph e. These items would require the Department of
Human Services to implement a plan to pursue reimbursement for pharmacy
services from third-party payors by May 1, 1996, and to include the
administrative costs of adopting this new policy in the departments
proposed FY 1997 budget. While I support asking the department to
explore the feasibility of a pay and chase policy to recover the costs
of pharmacy services, it would be premature to direct the department to
implement the policy before a plan is even developed. Further,
implementation of such a policy will result in costs to the Medicaid
program which have not been included in the funds appropriated to the
department for FY 1996. Also, the requirement that the director include
the costs of implementing the policy in the departments FY 1997 budget
requests goes beyond the authority the legislature has in the budgeting
process, and for that reason cannot be approved.
I am unable to approve the item designated as Section 3, subsection
14, in its entirety. This item would require the Department of Human
Services to seek federal approval to develop a new program to pay
persons, including relatives, to provide care in their homes for elderly
individuals who are currently residing in nursing homes. In recent
years, several very good programs have been established to provide
alternatives to nursing home care for Iowas elderly. As a result, the
elderly who are entering nursing homes are doing so only after they have
become so frail or infirm that alternative services are no longer
appropriate. I am concerned that because this proposal targets the
elderly who have already been placed in nursing homes, it has the
potential of encouraging abuses of the Medicaid program and perhaps even
of elderly Iowans who are best cared for in the nursing home setting. I
urge the Department of Elder Affairs to develop alternative services
that are cost effective and that address the needs of Iowas elderly
citizens.
I am unable to approve the item designed as Section 10, subsection 11,
in its entirety. This item utilizes a budgeting gimmick to shift funds
from one area of the Department of Human Servicess budget to another,
the result of which reduces the departments flexibility to design
delinquency and child welfare services and creates built-in increases in
future years. Again this is an example of the bad budgeting practices of
the past which can no longer be tolerated.
I am unable to approve the item designated as Section 10,
subsection 19, in its entirety. This item provides an exception to the
Department of Human Services policies relating to foster care support
obligations. The cases that would be impacted cannot be easily
identified and for that reason the exception as written would be
difficult, if not impossible, to administer. The department has existing
procedures that allow persons to request an exception to policy in
appropriate cases which is already available as a remedy.
I am unable to approve the item designated as Section 11,
subsection 4, in its entirety. This item would provide an additional
$100,000 for family planning services over and above the $739,000
otherwise provided in the bill. This level of funding goes beyond the
amount requested by the department and recommended by me for the
program.
I am unable to approve the item designated as Section 26,
subsection 1, in its entirety. This item directs the Department of Human
Services to develop a plan for meeting national standards for social
worker caseloads. Social worker duties vary from state to state and the
differences are often related to the technology available to workers in
performing their tasks. New technologies are being implemented to make
it possible for our workers to perform more efficiently and effectively.
Also services that may be included as part of a social workers duties in
other states are contracted out in Iowa. Given these variances, national
standards cannot be directly applied to Iowas experience.
I am unable to approve the item designated as Section 37, in its
entirety. This proposed statutory change fails to address the
relationships of the local categorization accounts and the current
funding mechanisms for the mental health institutes and state
hospital-schools. Traditionally child welfare funds have not been used
for mental health institutes or hospital-school costs. Counties that
decategorize child welfare funding will be able to continue to carry out
their plans.
For the above reasons, I hereby respectfully disapprove these items
in accordance with Amendment IV of the Amendments of 1968 to the
Constitution of the State of Iowa. All other items in Senate File 462
are hereby approved as of this date.
Sincerely, TERRY E. BRANSTAD Governor
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-3544 to House File 505 was adopted by the Senate on April 26, 1995.
MERLIN E. BARTZ
COMMITTEE REPORTS
APPROPRIATIONS
Final Bill Action: SENATE CONCURRENT RESOLUTION 31 (SSB 368), a
resolution requesting that Congress introduce legislation providing for
state sovereignty through the low-cost financing of debt and needed
capital projects by state and local government.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 25: Murphy, Boswell, Lind, Banks, Bartz, Bisignano,
Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson,
Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser,
Rensink, Tinsman and Vilsack. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 572, a bill for an act relating to
imposing a prison and jail surcharge on scheduled fines and forfeitures
and providing for the appropriation and disposition of the proceeds from
the surcharge for prisons and jails.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3611.
Final Vote: Ayes, 24: Murphy, Boswell, Lind, Banks, Bartz, Bisignano,
Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Hammond,
Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink,
Tinsman and Vilsack. Nays, 1: Halvorson.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
HUMAN RESOURCES
Final Bill Action: SENATE RESOLUTION 19, a senate resolution relating to
the well-being of Iowas children.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz. Dvorsky,
Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none..
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 22, a senate resolution honoring
the pages of the senate and providing for the awarding of additional
compensation as a bonus for extraordinary service.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 9: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal,
Husak, Kramer and Lind. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: SENATE FILE 485 (SSB 351), a bill for an act
authorizing certain counties, cities, or school districts to an create a
joint authority to issue bonds to build and own buildings and
authorizing a tax levy by school district to lease buildings.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Palmer, Husak, Connolly, Deluhery, Murphy,
Neuhauser, Priebe, Szymoniak and Vilsack. Nays, 6: Bennett, Drake,
Freeman, Hedge, Iverson and McLaren.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-3604 S.F. 472 House amendment
S-3605 S.F. 478 Wayne Bennett
S-3606 H.F. 494 Michael E. Gronstal
S-3607 H.F. 494 Michael E. Gronstal
S-3608 H.F. 494 Rod Halvorson
S-3609 S.F. 413 Mary Lundby
S-3610 S.F. 481 Larry Murphy
Jim Lind
S-3611 H.F. 572 Appropriations
ADJOURNMENT
On motion of Senator Gronstal, the Senate adjourned at 10:12 p.m.,
until 9:00 a.m., Friday, April 28, 1995.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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