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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.
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