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Senate Journal: Friday, April 28, 1995

                         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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