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ONE HUNDRED TENTH CALENDAR DAY
SIXTY-SIXTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Friday, April 28, 1995
The Senate met in regular session at 9:38 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Boyd Kuester, pastor of the
Church of Christ, Cedar Falls, Iowa.
The Journal of Thursday, April 27, 1995, was approved.
BILL REASSIGNED TO COMMITTEE
President Boswell announced that House File 575 was inadvertently
assigned to the committee on Ways and Means on April 27, 1995, and
should have been assigned to the committee on Appropriations.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.C.R. 29 Rules and Administration
H.F. 578 Appropriations
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 48 present, 2 absent and a quorum present.
The Senate stood at ease at 10:01 a.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 10:47 a.m., Senator Sorensen
presiding.
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.
The Senate stood at ease at 11:13 a.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 11:42 a.m., President Boswell
presiding.
HOUSE MESSAGES RECEIVED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 28, 1995, adopted the following resolution in which
the concurrence of the House was asked:
Senate Concurrent Resolution 24, a concurrent resolution
recognizing the seventy-fifth anniversary of the American Civil
Liberties Union and the sixtieth anniversary of the Iowa Civil Liberties
Union.
ALSO: That the House has on April 28, 1995, adopted the conference
committee report and passed 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.
ALSO: That the House has on April 28, 1995, refused to concur in
the Senate amendment to the House amendment to the following bill in
which the concurrence of the House was asked:
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.
ALSO: That the House, on April 28, 1995, insisted on its amendment
to 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 that the members of the
Conference Committee on the part of the House are: The Representative
from Polk, Mr. Lamberti, Chair; the Representative from Johnson, Ms.
Doderer; the Representative from Crawford, Mr. Gries; the Representative
from Scott, Mr. Grubbs; the Representative from Davis, Mr. Kreiman.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the following conference committee on House
File 528 on the part of the Senate: Senators Hammond, Chair; Giannetto,
Connolly, Boettger and Maddox.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 37 present, 13 absent and a quorum present.
HOUSE AMENDMENT CONSIDERED
Senate File 472
Senator Szymoniak called up for consideration 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, amended by the House, and moved that the
Senate concur in House amendment S-3604 filed April 27, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Szymoniak 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. 472) the vote was:
Ayes, 47:
Banks Bartz Bennett Bisignano
Black Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
McKean McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 3:
Boettger Hansen Maddox
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: 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.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3617.
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.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 573.
House File 573
On motion of Senator Vilsack, 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, with report of committee recommending amendment and passage,
was taken up for consideration.
Senator Vilsack offered amendment S-3617 filed by the committee on
Ways and Means from the floor to pages 1-5 of the bill and moved its
adoption.
Amendment S-3617 was adopted by a voice vote.
Senator Vilsack asked and received unanimous consent that action on
House File 573 be deferred.
SENATE INSISTS
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, 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 481 on the part of the Senate: Senators Halvorson Chair; Murphy,
Gettings, Douglas and Lind.
BUSINESS PENDING
House File 573
The Senate resumed consideration of 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, previously deferred.
Senator McLaren offered amendment S-3619 filed by him from the
floor to pages 5, 6 and the title page of the bill and moved its
adoption.
A record roll call was requested.
On the question Shall amendment S-3619 be adopted? (H.F. 573) the
vote was:
Ayes, 21:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Jensen Kramer Lind
Maddox McKean McLaren Redfern
Rensink Rife Rittmer Tinsman
Zieman
Nays, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Iverson Judge Kibbie
Lundby Murphy Neuhauser Palmer
Priebe Sorensen Szymoniak Vilsack
Absent or not voting, 1:
Husak
Amendment S-3619 lost.
Senator Neuhauser asked and received unanimous consent to withdraw
amendment S-3620 filed by Senators Neuhauser and Connolly from the floor
to page 2 of the bill.
Senator Vilsack 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. 573) the vote was:
Ayes, 49:
Banks 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.
Absent or not voting, 1:
Bartz
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 Files
472, 481 and House File 573 be immediately messaged to the House.
HOUSE AMENDMENT CONSIDERED
Senate File 475
Senator Murphy called up for consideration Senate File 475, a bill
for an act relating to state financial provisions and providing
applicability provisions and effective dates, amended by the House in
House amendment S-3572 filed April 25, 1995.
Senator Murphy offered amendment S-3618 filed by him from the floor
to House amendment S-3572 and moved its adoption.
Amendment S-3618 was adopted by a voice vote.
Senator Murphy 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 Murphy 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. 475) 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 Horn asked and received unanimous consent that Senate File
475 be immediately messaged to the House.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 572.
House File 572
On motion of Senator Vilsack, 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, with report of
committee recommending amendment and passage, was taken up for
consideration.
Senator Bartz asked unanimous consent that action on House File 572
be deferred.
Senator Bartz withdrew his request to defer.
Senators Gronstal and Vilsack offered amendment S-3611 filed by the
committee on Appropriations on April 27, 1995, to pages 1, 2, 4, 5 and
the title page of the bill.
Senator Fraise called for a division of amendment S-3611:
Division A: Page 1, lines 3-50; page 2 and page 4, lines 35-45.
Division B: Page 3; page 4, lines 1-34 and 46-50 and page 5, lines
1 and 2.
Senator Lind asked and received unanimous consent that action on
division S-3611A be deferred.
Senator Bisignano offered amendment S-3622 filed by him from the
floor to division S-3611B.
Senator Black asked and received unanimous consent that action on
amendment S-3622 to division S-3611B be deferred.
Senator Vilsack offered amendment S-3612 filed by him from the
floor to division S-3611B and moved its adoption.
Amendment S-3612 was adopted by a voice vote.
(Action on division S-3611B as amended was deferred.)
The Senate resumed consideration of division S-3611A, previously
deferred.
Senator Redfern offered amendment S-3615 filed by him from the
floor to division S-3611A.
Senator Lind raised the point of order that amendment S-3615 to
division S-3611A was not germane.
(Action on the germaneness of amendment S-3615 to division S-3611A
and House File 572 pending on recess).
RECESS
On motion of Senator Horn, the Senate recessed at 1:05 p.m., until
2:15 p.m.
APPENDIX
REPORT OF COMMITTEE MEETING
RULES AND ADMINISTRATION
Convened: April 27, 1995, 5:20 p.m.
Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member;
Bisignano, Gettings, Gronstal, Husak, Kramer and Lind.
Members Absent: none.
Committee Business: Recommended passage of Senate Resolution 22.
Adjourned: 5:22 p.m.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Forty-nine sixth grade students from Boyden Elementary School,
Boyden, accompanied by Marcene Cox, Alan Cox, Bob Netten, Dean
Hoogeveen, Colleen Niemeyer, Becky Roseboom, Sharon Doornbos, Wes
Overman and Gerrit and Winnie Bosman. Senator Rensink.
Ten fifth, sixth, seventh and eighth grade students from St. Johns
Lutheran School, Victor, accompanied by Marna Meyer, Carol Morrow and
Michelle Meyer. Senators Black and Husak.
Fifty-five fifth grade students from Grant Elementary School,
Oskaloosa, accompanied by Margaret Mattox. Senator Hedge.
The following visitors were present in the Senate gallery:
Sixty fifth grade students from Sioux Center Christian School,
Sioux Center, accompanied by Scott Vander Maten. Senator Rensink.
SUBCOMMITTEE ASSIGNMENTS
House File 566
WAYS AND MEANS: Iverson, Chair; Connolly and Deluhery
House File 569
WAYS AND MEANS: Szymoniak, Chair; Iverson and Palmer
House File 573
WAYS AND MEANS: Vilsack, Chair; Bennett and Palmer
House File 575
APPROPRIATIONS: Hammond, Chair; Neuhauser and Tinsman
House File 577
WAYS AND MEANS: Szymoniak, Chair; Iverson and Vilsack
House File 578
APPROPRIATIONS: Dvorsky, Chair; Gronstal, Husak, Kramer and McLaren
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Husak, Bennett, Deluhery, Drake, Freeman, Hedge,
Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.
Nays, 2: Palmer and Connolly.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
1506 JOURNAL OF THE SENATE 110th Day
S-3612 H.F. 572 Tom Vilsack
S-3613 H.F. 571 Jim Lind
S-3614 S.F. 413 Emil J. Husak
Brad Banks
Bill Fink
Tony Bisignano
Michael E. Gronstal
S-3615 H.F. 572 Donald B. Redfern
S-3616 H.F. 572 Dennis H. Black
S-3617 H.F. 573 Ways and Means
S-3618 S.F. 475 Larry Murphy
S-3619 H.F. 573 Derryl McLaren
S-3620 H.F. 573 Mary Neuhauser
Mike Connolly
S-3621 H.F. 572 Mary Neuhauser
S-3622 H.F. 572 Tony Bisignano
S-3623 H.F. 572 Larry Murphy
AFTERNOON SESSION
The Senate reconvened at 2:32 p.m., President Boswell presiding.
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 28, 1995, concurred in the Senate amendment and
passed the following bill in which the concurrence of the House was
asked:
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.
INTRODUCTION OF RESOLUTIONS
Senate Resolution 23, by committee on Appropriations, a resolution
honoring the service of Dr. Constantine W. Curris as President of the
University of Northern Iowa.
Read first time and placed on Appropriations Calendar.
Senate Resolution 24, by committee on Appropriations, a resolution
expressing appreciation to Hunter R. Rawlings for his service as
President of the University of Iowa.
Read first time and placed on Appropriations Calendar.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 45 present, 5 absent and a quorum present.
BUSINESS PENDING
House File 572
The Senate resumed consideration of 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, and the question
of germaneness raised by Senator Lind on amendment S-3615 to division
S-3611A, pending on recess.
The Chair ruled the point by Senator Lind on the germaneness of
amendment S-3615 to division S-3611A well taken and amendment S-3615 out
of order.
Senator Halvorson raised the point of order that division S-3611A
was not germane to the bill.
The Chair ruled the point well taken and division S-3611A out of
order.
Senator Horn asked and received unanimous consent that action on
House File 572 be deferred (division S-3611B pending).
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 566.
House File 566
On motion of Senator Iverson, 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, with report of committee
recommending passage, was taken up for consideration.
Senator Iverson moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 566) 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.
INTRODUCTION OF BILL
Senate File 486, by committee on Appropriations, a bill for an act
relating to and making standing and other appropriations, corrective
amendments, and other financial and regulatory matters and providing
effective and applicability date provisions.
Read first time and placed on Appropriations Calendar.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
566 be immediately messaged to the House.
ADOPTION OF RESOLUTION
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Concurrent Resolution 31.
Senate Concurrent Resolution 31
On motion of Senator Kibbie, Senate Concurrent Resolution 31, 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, was taken up
for consideration.
Senator Judge took the chair at 3:06 p.m.
Senator Kibbie moved the adoption of Senate Concurrent Resolution
31.
A record roll call was requested.
On the question Shall the resolution be adopted? (S.C.R. 31) 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 Palmer Priebe Sorensen
Szymoniak Vilsack
Nays, 24:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby Maddox McKean
McLaren Neuhauser Redfern Rensink
Rife Rittmer Tinsman Zieman
The motion prevailed and the resolution was adopted.
BUSINESS PENDING
House File 572
The Senate resumed consideration of 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, and division
S-3611B, previously deferred.
Senator Bisignano offered amendment S-3625 filed by Senators
Bisignano and Black from the floor to division S-3611B.
Senator Bartz called for a division of amendment S-3625:
Division A: Page 1, lines 4-18 and 30-50 and page 2.
Division B: Page 1, lines 19-29.
Senator Bartz withdrew his request for a division of amendment
S-3625 to division S-3611B.
Senator Bisignano moved the adoption of amendment S-3625 to
division S-3611B, which motion prevailed by a voice vote.
With the adoption of amendment S-3625 to division S-3611B, the
Chair ruled the following amendments to division S-3611B, out of order:
S-3616 filed by Senator Black from the floor.
S-3621 filed by Senator Neuhauser from the floor.
S-3622 by Senator Bisignano, previously deferred.
Senator Murphy offered amendment S-3627 filed by him from the floor
to division S-3611B and moved its adoption.
A non record roll call was requested.
The ayes were 18, nays 27.
Amendment S-3627 lost.
Senator Rife asked and received unanimous consent that action on
amendment S-3623 filed by Senator Murphy from the floor to division
S-3611B be deferred.
Senator Giannetto offered amendment S-3626 filed by him from the
floor to division S-3611B and moved its adoption.
Amendment S-3626 was adopted by a voice vote.
The Senate stood at ease at 3:42 p.m. until the fall of the gavel.
The Senate resumed session at 3:45 p.m., Senator Judge presiding.
Senator Vilsack moved the adoption of amendment S-3623 by Senator
Murphy to division S-3611B, previously deferred.
Amendment S-3623 was adopted by a voice vote.
Senator Vilsack moved the adoption of division S-3611B as amended,
which motion prevailed by a voice vote.
Senator Vilsack 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. 572) the vote was:
Ayes, 47:
Banks Bartz Bennett Bisignano
Black Boettger Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Jensen Judge
Kibbie Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 3:
Borlaug Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
IMMEDIATELY MESSAGED
Senator Fraise asked and received unanimous consent that House File
572 and Senate Concurrent Resolution 31 be immediately messaged to the
House.
COMMITTEE REPORTS
APPROPRIATIONS
Final Bill Action: SENATE RESOLUTION 23 (SSB 370), a resolution honoring
the service of Dr. Constantine W. Curris as President of the University
of Northern Iowa.
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: SENATE RESOLUTION 24 (SSB 369), a resolution
expressing appreciation to Hunter R. Rawlings for his service as
President of the University of Iowa.
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: SENATE FILE 486 (SSB 371), a bill for an act relating
to and making standing and other appropriations, corrective amendments,
and other financial and regulatory matters and providing effective and
applicability date provisions.
Recommendation: APPROVED COMMITTEE BILL.
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.
ADOPTION OF RESOLUTON
(Regular Calendar)
Senator Fraise asked and received unanimous consent to take up for
consideration Senate Resolution 24.
Senate Resolution 24
On motion of Senator Dvorsky, Senate Resolution 24, a resolution
expressing appreciation to Hunter R. Rawlings for his service as
President of the University of Iowa, was taken up for consideration.
Senator Dvorsky moved the adoption of Senate Resolution 24, which
motion prevailed by a voice vote.
The Senate stood at ease at 4:03 p.m. until the fall of the gavel.
The Senate resumed session at 4:16 p.m., Senator Judge presiding.
President Boswell took the chair at 4:20 p.m.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 486.
Senate File 486
On motion of Senator Murphy, Senate File 486, a bill for an act
relating to and making standing and other appropriations, corrective
amendments, and other financial and regulatory matters and providing
effective and applicability date provisions, was taken up for
consideration.
Senator Banks offered amendment S-3635 filed by him from the floor
to page 4 of the bill and moved its adoption.
Amendment S-3635 was adopted by a voice vote.
Senator Murphy 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. 486) the vote was:
Ayes, 49:
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 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:
Horn
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 23.
Senate Resolution 23
On motion of Senator Lind, Senate Resolution 23, a resolution
honoring the service of Dr. Constantine W. Curris as President of the
University of Northern Iowa, was taken up for consideration.
Senator Lind moved the adoption of Senate Resolution 23, which
motion prevailed by a voice vote.
UNFINISHED BUSINESS
(Deferred April 17, 1995)
Senate File 478
The Senate resumed consideration of Senate File 478, a bill for an
act relating to the state franchise tax imposed on financial
institutions by disallowing the deduction for expenses related to a
financial institutions investment in investment subsidiaries and
providing effective and applicability dates, and amendment S-3447 by
Senators Vilsack, Drake and Douglas to page 1 and the title page of the
bill, deferred April 17, 1995.
Senator Vilsack asked and received unanimous consent that action on
amendment S-3447 continue to be deferred.
Senator Gronstal withdrew amendment S-3553 filed by him on April
24, 1995, to page 1 of the bill.
Senator Bennett offered amendment S-3605 filed by him on April 27,
1995, to strike everything after the enacting clause of the bill.
Senator Bisignano offered amendment S-3630 filed by Senators
Bisignano and Palmer from the floor to amendment S-3605.
Senator Drake raised the point of order that amendment S-3630 to
amendment S-3605 was not germane to the bill.
The Chair ruled the point well taken and amendment S-3630 out of
order.
Senator Bisignano asked and received unanimous consent that action
on amendment S-3605 and Senate File 478 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
486 be immediately messaged to the House.
The Senate stood at ease at 5:16 p.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 7:48 p.m., President Boswell
presiding.
The Senate resumed session at 8:18 p.m., President pro tempore
Bisignano presiding.
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.
WITHDRAWN
Senator Horn asked and received unanimous consent that Senate
Resolution 18 be withdrawn from further consideration of the Senate.
HOUSE MESSAGES RECEIVED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 28, 1995, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 120, a bill for an act requiring that prison inmates
demonstrate functional literacy competence at or above the sixth grade
level or obtain a general equivalency diploma, conditioning receipt of
certain privileges on participation in education programs, and
permitting the use of educational competence as a precondition to the
granting of parole or work release, and providing exceptions (S-3637).
ALSO: That the House has on April 28, 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 475, a bill for an act relating to state financial
provisions and providing applicability provisions and effective dates.
HOUSE AMENDMENT CONSIDERED
Senate File 120
Senator Szymoniak called up for consideration Senate File 120, a
bill for an act requiring that prison inmates demonstrate functional
literacy competence at or above the sixth grade level or obtain a
general equivalency diploma, conditioning receipt of certain privileges
on participation in education programs, and permitting the use of
educational competence as a precondition to the granting of parole or
work release, and providing exceptions, amended by the House, and moved
that the Senate concur in House amendment S-3637 filed April 28, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Szymoniak 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. 120) the vote was:
Ayes, 47:
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 Rittmer Sorensen
Szymoniak Tinsman Zieman
Nays, 1:
Rife
Absent or not voting, 2:
Banks Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
UNFINISHED BUSINESS CALENDAR
Senate File 411
On motion of Senator Deluhery, Senate File 411, a bill for an act
relating to authorization of price regulation for utilities providing
communications services, placed on the Unfinished Business Calendar on
April 6, 1995, was taken up for consideration.
Senator Deluhery offered amendment S-3426 filed by him on April 13,
1995, to strike everything after the enacting clause of the bill and
moved its adoption.
Amendment S-3426 was adopted by a voice vote.
Senator Deluhery asked and received unanimous consent that House
File 518 be substituted for Senate File 411.
House File 518
On motion of Senator Deluhery, House File 518, a bill for an act
relating to authorization of price regulation for utilities providing
communications services, was taken up for consideration.
Senator Gronstal offered amendment S-3641 filed by Senators
Gronstal, et al., from the floor to pages 1, 7, 12, 14-16, 18 and 19 of
the bill and moved its adoption.
Amendment S-3641 was adopted by a voice vote.
With the adoption of amendment S-3641, the Chair ruled amendment
S-3583 filed by Senators Hansen, et al., on April 26, 1995, to pages 7,
16 and 18 of the bill, out of order.
Senator Gronstal withdrew amendment S-3590 filed by him from the
floor to page 8 of the bill.
Senator Deluhery 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. 518) the vote was:
Ayes, 50:
1520 JOURNAL OF THE SENATE 110th Day
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 Deluhery asked and received unanimous consent that Senate
File 411 be withdrawn from further consideration of the Senate.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
120 and House File 518 be immediately messaged to the House.
BUSINESS PENDING
Senate File 478
The Senate resumed consideration of Senate File 478, a bill for an
act relating to the state franchise tax imposed on financial
institutions by disallowing the deduction for expenses related to a
financial institutions investment in investment subsidiaries and
providing effective and applicability dates, and amendment S-3605 by
Senator Bennett to strike everything after the enacting clause of the
bill, previously deferred.
Senator Palmer asked and received unanimous consent that action on
amendment S-3638 filed by Senators Bisignano and Palmer from the floor
to amendment S-3605 be deferred.
The Senate stood at ease at 8:52 p.m. until the fall of the gavel.
The Senate resumed session at 9:12 p.m., President Boswell
presiding.
Senator Horn asked and received unanimous consent that action on
Senate File 478 be deferred.
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 28, 1995, passed the following bill in which the
concurrence of the Senate is asked:
House File 508, a bill for an act relating to underground storage
tanks by increasing the environmental protection charge, providing for
the use of risk-based corrective action standards, expanding property
transfer insurance and loan guarantees, extending the compliance date
for upgrade requirements, relating to cost recovery, creating
marketability and innocent landowner funds and providing benefits,
requiring certification of groundwater professionals and creating a
penalty, requiring a study, and providing for repeals, and
implementation, effective date, and retroactive applicability
provisions.
This bill was read first time and passed on file.
.EJECT
-9-
ALSO: That the House has on April 28, 1995, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
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.
UNFINISHED BUSINESS
(Deferred April 26, 1995)
Senate File 413
The Senate resumed consideration of Senate File 413, a bill for an
act relating to underground storage tanks by increasing the
environmental protection charge, providing for the use of risk-based
corrective action standards, expanding property transfer insurance and
loan guarantees, extending the compliance date for upgrade requirements,
creating marketability and innocent landowner funds and providing
benefits, requiring certification of groundwater professionals and
creating a penalty, requiring a study, and providing for repeals, and
implementation, effective date, and retroactive applicability
provisions, and amendment S-3497 by Senators Banks, et al., to pages 11,
16 and the title page of the bill, deferred April 26, 1995.
Senator Gronstal 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-3578 to Senate File 413 was adopted by the Senate on April 26, 1995.
The motion prevailed by a voice vote and amendment S-3578 by
Senator Gronstal to pages 6, 7 and 13 of the bill was taken up for
reconsideration.
Senator Gronstal withdrew amendment S-3578.
Senator Gronstal 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-3579 to Senate File 413 was adopted by the Senate on April 26, 1995.
The motion prevailed by a voice vote and amendment S-3579 by
Senator Gronstal to pages 1, 2, 4 and 13-16 of the bill was taken up for
reconsideration.
Senator Gronstal withdrew amendment S-3579.
Senator Gronstal 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-3584 to amendment S-3497 to Senate File 413 was adopted by the Senate
on April 26, 1995.
The motion prevailed by a voice vote and amendment S-3584 by
Senator Giannetto to amendment S-3497 was taken up for reconsideration.
Senator Gronstal asked and received unanimous consent that
amendment S-3584 be withdrawn.
Senator Gronstal offered amendment S-3650 filed by him from the
floor to pages 1, 2, 4, 6, 7, 11, 13-16 and the title page of the bill
and moved its adoption.
Amendment -3650 was adopted by a voice vote.
Senator Gronstal asked and received unanimous consent that House
File 508 be substituted for Senate File 413 as amended.
House File 508
On motion of Senator Gronstal, House File 508, a bill for an act
relating to underground storage tanks by increasing the environmental
protection charge, providing for the use of risk-based corrective action
standards, expanding property transfer insurance and loan guarantees,
extending the compliance date for upgrade requirements, relating to cost
recovery, creating marketability and innocent landowner funds and
providing benefits, requiring certification of groundwater professionals
and creating a penalty, requiring a study, and providing for repeals,
and implementation, effective date, and retroactive applicability
provisions, was taken up for consideration.
Senator Gronstal asked and received unanimous consent that action
on House File 508 be deferred.
COMMITTEE REPORT
APPROPRIATIONS
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 17: Murphy, Boswell, Bartz, Bisignano, Black, Borlaug,
Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Kibbie, Kramer,
Neuhauser, Rensink and Tinsman. Nays, 1: Lind. Absent or not voting, 7:
Banks, Hammond, Husak, Iverson, Judge, McLaren and Vilsack.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 578.
House File 578
On motion of Senator Dvorsky, 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, with report of committee recommending passage, was taken up for
consideration.
Senator Giannetto offered amendment S-3639 filed by Senators
Giannetto and Bisignano from the floor to pages 1, 2 and 4 of the bill.
Senator Dvorsky raised the point of order that amendment S-3639 was
not germane to the bill.
The Chair ruled the point not well taken and amendment S-3639 in
order.
On the question Shall amendment S-3639 be adopted? (H.F. 578) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 21:
Banks Bartz Bennett Bisignano
Boettger Borlaug Freeman Giannetto
Gronstal Hedge Husak Iverson
Jensen Lind Maddox McKean
McLaren Palmer Redfern Rife
Rittmer
Nays, 28:
Black Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Gettings
Halvorson Hammond Hansen Horn
Judge Kibbie Kramer Lundby
Murphy Neuhauser Rensink Sorensen
Szymoniak Tinsman Vilsack Zieman
Absent or not voting, 1:
Priebe
Amendment S-3639 lost.
Senator Jensen offered amendment S-3643 filed by Senators Jensen
and McLaren from the floor to pages 1 and 2 of the bill.
Senator Vilsack raised the point of order that amendment S-3643 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-3643 out of
order.
Senator Kramer offered amendment S-3644 filed by Senators Kramer,
et al., from the floor to page 1 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3644 be adopted? (H.F. 578) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 22:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Giannetto Hedge Husak Iverson
Kramer Lind Maddox McKean
McLaren Priebe Redfern Rife
Rittmer Tinsman
Nays, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Gronstal
Halvorson Hammond Horn Jensen
Judge Kibbie Lundby Murphy
Neuhauser Palmer Rensink Sorensen
Szymoniak Vilsack Zieman
Absent or not voting, 1:
Hansen
Amendment S-3644 lost.
Senator McLaren offered amendment S-3642 filed by Senators McLaren,
et al., from the floor to pages 1 and 2 of the bill and moved its
adoption.
A record roll call was requested.
On the question Shall amendment S-3642 be adopted? (H.F. 578) the
vote was:
Ayes, 23:
Banks Bartz Bennett Black
Boettger Borlaug Fraise Freeman
Giannetto Hedge Husak Iverson
Jensen Judge Kibbie Lind
Maddox McKean McLaren Priebe
Redfern Rife Rittmer
Nays, 27:
Bisignano Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Gettings Gronstal
Halvorson Hammond Hansen Horn
Kramer Lundby Murphy Neuhauser
Palmer Rensink Sorensen Szymoniak
Tinsman Vilsack Zieman
Amendment S-3642 lost.
President pro tempore Bisignano took the chair at 11:25 p.m.
Senator Redfern offered amendment S-3646 filed by him from the
floor to page 4 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3646 be adopted? (H.F. 578) the
vote was:
Ayes, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Freeman Giannetto
Halvorson Hedge Husak Iverson
Jensen Kramer Lind Maddox
McKean McLaren Priebe Redfern
Rife Rittmer Tinsman
Nays, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Drake Dvorsky
Fink Flynn Fraise Gettings
Gronstal Hammond Hansen Horn
Judge Kibbie Lundby Murphy
Neuhauser Palmer Rensink Sorensen
Szymoniak Vilsack Zieman
Amendment S-3646 lost.
Senator McKean offered amendment S-3645 filed by Senators McKean,
et al., from the floor to page 4 of the bill, moved its adoption and
requested a record roll call.
On the question Shall amendment S-3645 be adopted? (H.F. 578) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 25:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Giannetto Halvorson Hedge Husak
Iverson Jensen Judge Kramer
Lind Maddox McKean McLaren
Redfern Rife Rittmer Tinsman
Zieman
Nays, 25:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Gronstal
Hammond Hansen Horn Kibbie
Lundby Murphy Neuhauser Palmer
Priebe Rensink Sorensen Szymoniak
Vilsack
Amendment S-3645 lost.
McLaren offered amendment S-3647 filed by Senators McLaren and
McKean from the floor to page 4 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3647 be adopted? (H.F. 578) the
vote was:
Ayes, 21:
Banks Bartz Bennett Boettger
Borlaug Douglas Freeman Giannetto
Hedge Husak Iverson Jensen
Kramer Lind Maddox McKean
McLaren Redfern Rife Rittmer
Zieman
Nays, 29:
Bisignano Black Boswell Connolly
Dearden Deluhery Drake Dvorsky
Fink Flynn Fraise Gettings
Gronstal Halvorson Hammond Hansen
Horn Judge Kibbie Lundby
Murphy Neuhauser Palmer Priebe
Rensink Sorensen Szymoniak Tinsman
Vilsack
Amendment S-3647 lost.
Senator Lind offered amendment S-3656 filed by him from the floor
to page 4 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3656 be adopted? (H.F. 578) the
vote was:
Ayes, 19:
Banks Bartz Bennett Boettger
Borlaug Freeman Giannetto Hedge
Iverson Jensen Kramer Lind
Maddox McKean McLaren Redfern
Rife Rittmer Tinsman
Nays, 31:
Bisignano Black Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Gettings Gronstal Halvorson Hammond
Hansen Horn Husak Judge
Kibbie Lundby Murphy Neuhauser
Palmer Priebe Rensink Sorensen
Szymoniak Vilsack Zieman
Amendment S-3656 lost.
Senator Husak offered amendment S-3654 filed by him from the floor
to pages 1 and 2 of the bill, moved its adoption and requested a record
roll call.
On the question Shall amendment S-3654 be adopted? (H.F. 578) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 24:
Banks Bartz Bennett Black
Boettger Borlaug Fraise Freeman
Giannetto Hedge Husak Iverson
Jensen Judge Kibbie Lind
Maddox McKean McLaren Murphy
Priebe Redfern Rife Rittmer
Nays, 26:
Bisignano Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Gettings Gronstal
Halvorson Hammond Hansen Horn
Kramer Lundby Neuhauser Palmer
Rensink Sorensen Szymoniak Tinsman
Vilsack Zieman
Amendment S-3654 lost.
Senator McKean offered amendment S-3657 filed by Senator McKean
from the floor to pages 1 and 2 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3657 be adopted? (H.F. 578) the
vote was:
Ayes, 23:
Banks Bartz Bennett Black
Boettger Borlaug Drake Freeman
Giannetto Halvorson Hedge Husak
Iverson Jensen Lind Maddox
McKean McLaren Redfern Rife
Rittmer Sorensen Zieman
Nays, 27:
Bisignano Boswell Connolly Dearden
Deluhery Douglas Dvorsky Fink
Flynn Fraise Gettings Gronstal
Hammond Hansen Horn Judge
Kibbie Kramer Lundby Murphy
Neuhauser Palmer Priebe Rensink
Szymoniak Tinsman Vilsack
Amendment S-3657 lost.
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. 578) the vote was:
Ayes, 31:
Bartz Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Gettings
Gronstal Halvorson Hammond Hansen
Horn Kibbie Kramer Lundby
Maddox Murphy Neuhauser Palmer
Priebe Rensink Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 19:
Banks Bennett Bisignano Black
Boettger Borlaug Freeman Giannetto
Hedge Husak Iverson Jensen
Judge Lind McKean McLaren
Redfern Rife Rittmer
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 House File
578 be immediately messaged to the House.
BUSINESS PENDING
House File 508
The Senate resumed consideration of House File 508, a bill for an
act relating to underground storage tanks by increasing the
environmental protection charge, providing for the use of risk-based
corrective action standards, expanding property transfer insurance and
loan guarantees, extending the compliance date for upgrade requirements,
relating to cost recovery, creating marketability and innocent landowner
funds and providing benefits, requiring certification of groundwater
professionals and creating a penalty, requiring a study, and providing
for repeals, and implementation, effective date, and retroactive
applicability provisions, previously deferred.
Senator Lundby offered amendment S-3653 filed by her on April 28,
1995, to page 2 of the bill and moved its adoption.
Amendment S-3653 was adopted by a voice vote.
President Boswell took the chair at 12:50 a.m.
Senator Husak offered amendment S-3640 filed by Senators Husak, et
al., on April 28, 1995, to page 8 of the bill and moved its adoption.
Amendment S-3640 was adopted by a voice vote.
Senator Gronstal offered amendment S-3649 filed by him on April 28,
1995, to page 12 of the bill and moved its adoption.
A non record roll call was requested.
The ayes were 25, nays 25.
Amendment S-3649 lost.
Senator Gronstal 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. 508) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
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, 2:
Drake Halvorson
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Gronstal asked and received unanimous consent that Senate
File 413 be withdrawn from further consideration of the Senate.
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 28, 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 519, a bill for an act providing for the regulation of
animal feeding operations, fees, the expenditure of moneys, penalties,
and an effective date (S-3655 to H-4033).
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 519
Senator Priebe called up for consideration 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,
amended by the Senate, further amended by the House and moved that the
Senate concur in House amendment S-3655 to Senate amendment H-4033 filed
April 28, 1995.
A record roll call was requested.
On the question Shall the motion to concur 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, 26:
Banks Bartz Bennett Bisignano
Boettger Borlaug Boswell Douglas
Drake Dvorsky Fraise Freeman
Gettings Horn Jensen Kibbie
Lind McLaren Murphy Priebe
Rensink Rife Rittmer Sorensen
Vilsack Zieman
Nays, 24:
Black Connolly Dearden Deluhery
Fink Flynn Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Husak Iverson Judge Kramer
Lundby Maddox McKean Neuhauser
Palmer Redfern Szymoniak Tinsman
The motion prevailed and the Senate concurred in the House
amendment to the Senate amendment.
Senator Priebe 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. 519) the vote was:
Ayes, 26:
Banks Bartz Bennett Bisignano
Boettger Borlaug Boswell Douglas
Drake Dvorsky Fraise Freeman
Gettings Horn Jensen Kibbie
Lind McLaren Murphy Priebe
Rensink Rife Rittmer Sorensen
Vilsack Zieman
Nays, 24:
Black Connolly Dearden Deluhery
Fink Flynn Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Husak Iverson Judge Kramer
Lundby Maddox McKean Neuhauser
Palmer Redfern Szymoniak Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
508 and 519 be immediately messaged to the House.
APPENDIX
STUDY BILLS RECEIVED
SSB 369
Appropriations
A Resolution expressing appreciation to Hunter R. Rawlings for his
service as President of the University of Iowa.
SSB 370
Appropriations
A Resolution honoring the service of Dr. Constantine W. Curris as
President of the University of Northern Iowa.
SSB 371
Appropriations
Relating to and making standing and other appropriations,
corrective amendments, and other financial and regulatory matters and
providing effective and applicability date provisions.
SUBCOMMITTEE ASSIGNMENTS
SSB 369
APPROPRIATIONS: Dvorsky, Chair; Lind and Neuhauser
SSB 370
APPROPRIATIONS: Lind, Chair; Kibbie and Kramer
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Fifty fifth grade students from Sioux Central School, Rembrandt,
accompanied by Marla Huebner. Senator Freeman.
Eighteen third and fourth grade students from Timothy Christian
School, Wellsburg, accompanied by Tammy Lambert. Senator Jensen.
Seventy-five eighth grade students from Emmetsburg Middle School,
Emmetsburg, accompanied by John Joynt. Senator Kibbie.
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 28th day of April, 1995:
Senate Files 432, 427, 358 and 69.
JOHN F. DWYER Secretary of the Senate
AMENDMENTS FILED
S-3624 H.F. 555 Mary E. Kramer
S-3625 H.F. 572 Tony Bisignano
Dennis Black
S-3626 H.F. 572 Randal J. Giannetto
S-3627 H.F. 572 Larry Murphy
S-3628 H.F. 555 Johnie Hammond
S-3629 H.F. 555 Johnie Hammond
S-3630 S.F. 478 Tony Bisignano
William D. Palmer
S-3631 H.F. 555 Johnie Hammond
S-3632 H.F. 555 Johnie Hammond
S-3633 H.F. 555 Johnie Hammond
Mary Neuhauser
Robert Dvorsky
S-3634 H.F. 555 Johnie Hammond
S-3635 S.F. 486 Brad Banks
S-3636 S.F. 413 Emil J. Husak
Brad Banks
S-3637 S.F. 120 House amendment
S-3638 S.F. 478 Tony Bisignano
William D. Palmer
S-3639 H.F. 578 Randal J. Giannetto
Tony Bisignano
S-3640 H.F. 508 Emil J. Husak
Brad Banks
Bill Fink
Tony Bisignano
Michael E. Gronstal
S-3641 H.F. 518 Michael E. Gronstal
Patrick J. Deluhery
Emil J. Husak
Mary A. Lundby
S-3642 H.F. 578 Derryl McLaren
Randal J. Giannetto
Donald B. Redfern
Emil J. Husak
S-3643 H.F. 578 John W. Jensen
Derryl McLaren
S-3644 H.F. 578 Mary Kramer
O. Gene Maddox
Nancy Boettger
JoAnn Douglas
Sheldon Rittmer
S-3645 H.F. 578 Andy McKean
Randal J. Giannetto
Brad Banks
Donald B. Redfern
S-3646 H.F. 578 Donald B. Redfern
S-3647 H.F. 578 Derryl McLaren
Andy McKean
S-3648 H.F. 518 Jim Lind
S-3649 H.F. 508 Michael E. Gronstal
S-3650 S.F. 413 Michael E. Gronstal
S-3651 S.F. 478 Tony Bisignano
William D. Palmer
S-3652 S.F. 239 Tom Vilsack
S-3653 H.F. 508 Mary Lundby
S-3654 H.F. 578 Emil J. Husak
S-3655 H.F. 519 House amendment
S-3656 H.F. 578 Jim Lind
S-3657 H.F. 578 Andy McKean
Randal J. Giannetto
Emil J. Husak
Nancy Boettger
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 2:15 a.m., until
2:00 p.m., Monday, May 1, 1995.
| Previous Day: Thursday, April 27 | Next Day: Monday, May 1 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
© 1995 Cornell College and League of Women Voters of Iowa
Comments? sjourn@legis.iowa.gov.
Last update: Sun Jan 14 23:40:00 CST 1996
URL: /DOCS/GA/76GA/Session.1/SJournal/Day/0428.html
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