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ONE HUNDRED FOURTEENTH CALENDAR DAY
SIXTY-EIGHTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, May 2, 1995
The Senate met in regular session at 9:04 a.m., President Boswell
presiding.
Prayer was offered by the Honorable John W. Jensen, member of the
Senate from Bremer County, Plainfield, Iowa.
The Journal of Monday, May 1, 1995, was approved.
BILL ASSIGNED TO COMMITTEE
The Chair announced that Senate File 487 was assigned to the
committee on State Government.
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.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator McLaren until he arrives on request of Senator Rife.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up the
following resolution:
Senate Resolution 22
1 SENATE RESOLUTION 22 2 BY: PALMER AND
BISIGNANO 3 A Resolution honoring the pages of the Senate and 4
providing for the awarding of additional 5 compensation as a bonus for
extraordinary 6 service. 7 WHEREAS, the pages of the Senate of the
1995 8 Session of the 76th General Assembly have performed 9 their
duties in an outstanding manner and have shown 10 extraordinary
dedication in the performance of those 11 duties; and 12 WHEREAS, the
pages of the Senate have, despite long 13 hours and sometimes difficult
conditions, retained 14 their senses of humor and shown themselves to be
good- 15 natured and responsible individuals; and 16 WHEREAS, while
performing their duties, the pages 17 of the Senate have demonstrated a
positive and 18 enlightened attitude towards the legislative process; 19
and 20 WHEREAS, in addition to being excellent employees, 21 the pages
of the Senate have proven to be dedicated 22 scholars who possess the
ability to compose 23 enlightened prose about the members of the Senate
and 24 its associated agencies and individuals; and 25 WHEREAS, in
addition to their regular duties, the 26 pages of the Senate performed
invaluable services to 27 the Senate and the state of Iowa during the 28
presidential visit that greatly contributed to the 29 success of the
visit; and 30 WHEREAS, the extraordinary service and dedication Page 2
1 shown by the pages of the Senate of the 1995 Session 2 of the 76th
General Assembly should be recognized; NOW 3 THEREFORE, 4 BE IT
RESOLVED BY THE SENATE, That the members of 5 the Senate express their
sincere appreciation for the 6 hard work and dedication of the pages of
the Senate. 7 BE IT FURTHER RESOLVED, That each of the pages of 8 the
Senate shall receive in compensation, in addition 9 to their regular and
overtime compensation, a bonus 10 for the excellent service performed,
to be included in 11 their final paycheck, in an amount equal to the pay
12 for forty hours of work at the regular pay rate for 13 pages. 14 BE
IT FURTHER RESOLVED, That a copy of this 15 Resolution be presented
to each of the pages of the 16 Senate.
Senator Bisignano moved the adoption of Senate Resolution 22.
A record roll call was requested.
On the question Shall the resolution be adopted? (S.R. 22) 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 Horn Husak Iverson
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
McLaren
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION TO SENATE PAGES
The Senate Pages were invited to the well of the Senate by
President Boswell for a special presentation and were thanked by
Senators Horn and Rife for their service to the Senate.
A Certificate of Recognition for serving with honor and distinction
as a Senate Page during the 1995 Regular Session of the Seventy-sixth
General Assembly, an enrolled copy of Senate Resolution 22, and an
individual and Page group picture were presented to each of the
following Pages:
Kate Agena, Wendi Boxx, Melissa Courtney, Ben Dickerson, Anna
Halbur, Autumn Heath, Christine Ingraham, Sarah Kueter, Tony Lengeling,
Scott Peters, Melissa Petersen, Jonathan Rhyan, Jeni Rickabaugh, Carrie
Schnieders, Jessica Scholten, Dana Schroeder and Jill Van Wyk.
The Senate rose and expressed its appreciation to the Pages.
The Senate stood at ease at 9:48 a.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 11:16 a.m., President Boswell
presiding.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 32, by Bartz and McLaren, a senate
concurrent resolution to urge the federal government to ensure fair and
competitive market practices for the purchase of livestock from
producers by packers and livestock buyers.
Read first time and passed on file.
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
members of the Conference Committee appointed May 2, 1995, on 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
on the part of the House are: The Representative from Polk, Mr.
Lamberti, Chair; the Representative from Story, Ms. Garman; the
Representative from Davis, Mr. Kreiman; the Representative from Wapello,
Mr. Moreland; the Representative from Cass, Mr. Weidman.
RECESS
On motion of Senator Horn, the Senate recessed at 11:20 a.m., until
2:00 p.m.
APPENDIX
COMMITTEE REPORTS
WAYS AND MEANS
Final Bill Action: HOUSE FILE 549, a bill for an act relating to the
collection of taxes and debts owed to or collected by the state,
including the renewal of registrations, the publication of information
pertaining to certain taxes and debts, providing for an administrative
levy to seize certain accounts of a debtor, the denial, revocation,
suspension, or renewal of licenses authorized by the state,
redistributing collected amounts, creating a drivers license
indebtedness clearance pilot project, and other related matters, and
providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Palmer, Husak, Bennett, Deluhery, Drake, Freeman,
Hedge, Iverson, Murphy, Neuhauser, Priebe and Szymoniak. Nays, 1:
Connolly. Absent or not voting, 2: McLaren and Vilsack.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 577, a bill for an act relating to the
creation of real estate improvement districts, authorizing the issuance
of general obligation bonds and revenue bonds, the imposition of ad
valorem property taxes, special assessments and fees, and other related
matters.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3666.
Final Vote: Ayes, 8: Palmer, Bennett, Deluhery, Freeman, Iverson,
Murphy, Neuhauser and Szymoniak. Nays, 5: Husak, Connolly, Drake, Hedge
and Priebe. Absent or not voting, 2: McLaren and Vilsack.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
SUBCOMMITTEE ASSIGNMENT
Senate File 487
STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer
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 bill has been enrolled, signed by the President of
the Senate and the Speaker of the House, and presented to the Governor
for his approval on this 2nd day of May, 1995:
Senate Files 394, 473 and 179.
JOHN F. DWYER Secretary of the Senate
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Forty high school students from Albia High School, Albia,
accompanied by Diane Tuttle. Senator Judge.
Thirty-five students and chaperones from Bedford School and thirty
Puerto Rican students and chaperones. Senator Boswell.
BILLS SIGNED BY THE GOVERNOR
A communication was received announcing that on May 2, 1995, the
Governor approved and transmitted to the Secretary of State the
following bills:
SENATE FILE 358 - An act relating to certain offenders of the motor
vehicle laws, by providing for an administrative adjudication of the
habitual offender status, providing for a youthful offender substance
abuse awareness program, requiring ignition interlock devices for
temporary restricted licenses, providing penalties, and providing for
the payment of fees.
SENATE FILE 427 - An Act relating to authorizing the payment of
salaries to senior judges, providing for a maximum retirement annuity
amount paid to senior judges, affecting senior judge retirement
benefits, the appointment of judges to senior judge status, and
providing effective and applicability dates.
SENATE FILE 432 - An Act relating to sexually violent predators, by
providing that the place of commitment shall be under the control of the
department of corrections, by requiring the state to pay the costs
incurred by a county for services in sexually violent offender
proceedings, and providing an effective date.
PETITIONS
The following petitions were presented and placed on file by:
Senator Bartz from 166 residents of northern Iowa opposing
legislation requiring mandatory helmet usage for motorcycles.
Senator Bartz from 165 residents of northern Iowa opposing
legislation requiring mandatory helmet usage for bicycles.
GOVERNORS ITEM VETO MESSAGE
May 2, 1995
The Honorable Leonard Boswell
President of the Senate
State Capitol Building
L O C A L
Dear Mr. President:
I hereby transmit Senate File 69, a bill for an act relating to tax
provisions involving state income tax, certain county property tax and
services associated with mental health and developmental disabilities
services, the county property tax limitation, and property tax on
industrial machinery, equipment and computers, providing appropriations,
and providing effective and applicability dates.
Senate File 69 represents landmark legislation for the first
session of the Seventy-Sixth General Assembly. The bill contains nearly
$100 million in tax reductions for Iowa families and businesses in
fiscal year 1996, growing to $172 million in fiscal year 2001.
With the repeal of property taxes on new machinery and equipment,
this bill will have an immediate impact on Iowas ability to attract and
keep high paying jobs. This impact will grow in the future, as all
property taxes on existing equipment are gradually eliminated. County
taxpayers will also receive property tax relief through the mental
health provisions, where 50 percent of mental health financing is
shifted to the State and a process for costs containment is begun.
Finally, families and retirees will see their Iowa income tax bills go
down as a result of increasing the dependent credit from $15 to $40, and
allowing the exclusion from taxable income of $3,000 of pension income
($6,000 for married filers).
I believe that Senate File 69 is an excellent first step towards
the goals of increasing jobs, personal income and population growth. I
expect additional action to be taken during the next legislative session
to reduce income tax rates and treating small businesses the same as
other corporations under the single-factor corporate income tax. These
changes are critical to attaining our goals.
Senate File 69, is therefore, approved on this date with the
following exceptions which I hereby disapprove.
I am unable to approve the designated portion of Section 15,
identified as the third sentence of Section 331.439, subsection 3a, and
Section 331.439, subsections 3b and 3c, in their entirety. These items
require counties to receive an inflation factor for mental health
beginning in fiscal year 1997, and spell out specific factors and
procedures relating to its determination. These items fail to allow for
savings from managed care, and could significantly dilute the property
tax relief. Moreover, the portion of Section 15, identified as Section
331.439, subsection 3b, contains a provision that intrudes upon my
executive budgeting responsibilities. The concept of an inflation factor
may be appropriate to reconsider at a later date, after adequate cost
containment has been achieved through the rule-making process.
I am unable to approve the designated portion of Section 15,
identified as Section 331.439, subsection 5, in its entirety. This item
limits counties obligations for payment of mental health, mental
retardation and developmental disabilities services. I support the
concept of limiting counties obligations, except in those instances
where a county elects to become its own managed care provider. The
assumption of financial risk is one of the defining characteristics of
managed care. If a county chooses to become its own managed care
provider, it should also assume the financial risk. I will approved
language that is subsequently enacted as long as it contains this
exclusion.
I am unable to approve the designated portion of Section 18,
identified as Section 426B.2, second unnumbered and unlettered
paragraph, in its entirety. This item will hinder future efforts to
change the allocation formula.
For the above reasons, I hereby respectfully disapprove these items
in accordance with Amendment IV of the Amendments of 1968 to the
Constitution of the State of Iowa. All other items in Senate File 69 are
hereby approved as of this date.
Sincerely, TERRY E. BRANSTAD Governor
AMENDMENTS FILED
S-3666 H.F. 577 Ways and Means
S-3667 H.F. 565 House amendment
AFTERNOON SESSION
The Senate reconvened at 2:36 p.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 May 2, 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 13, a bill for an act relating to the establishment of
a decision-making process for prospective minor parents, providing
penalties, and providing effective dates.
ALSO: That the House has on May 2, 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 565, a bill for an act establishing a school-to-work
planning and implementation program focusing on career pathways for
students (S-3667 to H-4116).
BILL ASSIGNED TO COMMITTEE
President Boswell announced that Senate Concurrent Resolution 32
was assigned to the committee on Agriculture.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 47 present, 3 absent and a quorum present.
SENATE INSISTS
Senate File 13
Senator Szymoniak called up for consideration Senate File 13, a
bill for an act relating to the establishment of a decision-making
process for prospective minor parents, providing penalties, and
providing effective dates, 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 13 on the part of the Senate: Senators Szymoniak, Chair; Murphy,
Dvorsky, Kramer and Bartz.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 565
Senator Kibbie called up for consideration House File 565, a bill
for an act establishing a school-to-work planning and implementation
program focusing on career pathways for students, amended by the Senate,
further amended by the House and moved that the Senate concur in House
amendment S-3667 to Senate amendment H-4116 filed May 2, 1995.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment to the Senate amendment.
Senator Kibbie 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. 565) 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 Horn Husak Iverson
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Palmer
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
HOUSE AMENDMENT CONSIDERED
Senate File 189
Senator Redfern called up for consideration Senate File 189, a bill
for an act relating to the transfer of real estate by exempting certain
transfers of real estate from the real estate transfer tax and providing
that a lien for a purchase money mortgage has priority over other
interests in the property, amended by the House, and moved that the
Senate concur in House amendment S-3428 filed April 13, 1995.
The motion lost by a voice vote and the Senate refused to concur in
the House amendment.
CONSIDERATION OF BILL
(Ways and Means Calendar)
House File 571
On motion of Senator Connolly, House File 571, a bill for an act
relating to the frequency of referendums held on excursion gambling boat
proposals or gambling games proposals for licensed pari-mutuel
racetracks and the qualifications of a qualifying organization which are
necessary to conduct pari- mutuel wagering at racetracks or gambling
games on excursion gambling boats and providing effective and
applicability dates, with report of committee recommending passage, was
taken up for consideration.
Senator Lind withdrew amendment S-3613 filed by him on April 28,
1995, to pages 3 and 4 of the bill.
Senator Connolly 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. 571) the vote was:
Ayes, 47:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lundby
Maddox McKean McLaren Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 3:
Giannetto Lind Murphy
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)
Senate Resolution 19
On motion of Senator Vilsack, Senate Resolution 19, a senate
resolution relating to the well-being of Iowas children, with report of
committee recommending passage, was taken up for consideration.
Senator Vilsack moved the adoption of Senate Resolution 19, which
motion prevailed by a voice vote.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
13, 189 and House File 565 be immediately messaged to the House.
UNFINISHED BUSINESS
(Deferred May 1, 1995)
House File 505
The Senate resumed consideration of House File 505, a bill for an
act relating to payment of expenses for persons with mental retardation,
and the motion to reconsider by Senator Bartz on amendment S-3577,
deferred on May 1, 1995.
Senator Bartz moved the adoption of the motion to reconsider
amendment S-3577.
The motion prevailed by a voice vote and amendment S-3577 by
Senators Priebe, et al., to page 1 of the bill was taken up for
reconsideration.
Senator Priebe asked and received unanimous consent that action on
amendment S-3577 be deferred.
Senator Priebe offered amendment S-3671 filed by Senators Priebe
and Szymoniak from the floor to page 2 of the bill and moved its
adoption.
Amendment S-3671 was adopted by a voice vote.
Senator Szymoniak offered amendment S-3544 filed by her on April
24, 1995, to page 1 of the bill and moved its adoption.
Amendment S-3544 was adopted by a voice vote.
Senator Priebe asked and received unanimous consent that action on
House File 505 be deferred (amendment S-3577 pending).
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
members of the Conference Committee appointed May 2, 1995, on Senate
File 13, a bill for an act relating to the establishment of a
decision-making process for prospective minor parents, providing
penalties, and providing effective dates, on the part of the House are:
The Representative from Cedar, Mr. Boddicker, Chair; the Representative
from Johnson, Ms. Doderer; the Representative from Harrison, Ms.
Hammitt; the Representative from Black Hawk, Ms. Harper; the
Representative from Fayette, Mr. Hurley.
MOTION TO RECONSIDER WITHDRAWN
House File 340
Senator Deluhery withdrew the motion to reconsider House File 340,
a bill for an act providing for the operation of snowmobiles and
all-terrain vehicles by defining public land, filed by him on April 26,
1995, and found on page 1431 of the Senate Journal.
The Senate stood at ease at 3:30 p.m. until the fall of the gavel.
The Senate resumed session at 4:32 p.m., President Boswell
presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on May 2, 1995, concurred in the Senate amendment to the House
amendment, and adopted the following resolution in which the concurrence
of the House was asked:
Senate Concurrent Resolution 3, a concurrent resolution relating to
the compensation of chaplains, officers and employees of the
seventy-sixth general assembly.
ALSO: That the House has on May 2, 1995, adopted the conference
committee report and passed 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.
ALSO: That the House has on May 2, 1995, passed the following bill
in which the concurrence of the Senate is asked:
House File 579, a bill for an act relating to the compensation and
benefits for public officials and employees and making appropriations
and providing an effective date.
This bill was read first time and assigned to the committee on
Appropriations.
The Senate stood at ease at 4:34 p.m. until the fall of the gavel.
The Senate resumed session at 4:36 p.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 40 present, 10 absent and a quorum present.
CONFERENCE COMMITTEE REPORT RECEIVED
(House File 528)
A conference committee report signed by the following Senate and
House members was filed May 2, 1995, on 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:
On the Part of the Senate: On the Part of the House:
JOHNIE HAMMOND, Chair JEFFREY LAMBERTI, Chair
NANCY BOETTGER DON GRIES
MIKE CONNOLLY STEVE GRUBBS
RANDAL J. GIANNETTO KEITH A. KREIMAN
O. GENE MADDOX
CONFERENCE COMMITTEE REPORT ADOPTED
House File 528
Senator Hammond called up the conference committee report on 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, filed on May 2, 1995, and moved
its adoption.
The motion prevailed by a voice vote and the conference committee
report and the recommendations and amendments contained therein was
adopted.
Senator Hammond moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 528) the vote was:
Ayes, 48:
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 Iverson Jensen
Judge Kibbie Kramer Lind
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 2:
Borlaug Lundby
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Horn asked and received unanimous consent that House File
528 be immediately messaged to the House.
The Senate stood at ease at 4:59 p.m. until the fall of the gavel.
The Senate resumed session at 5:23 p.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 38 present, 12 absent and a quorum present.
UNFINISHED BUSINESS CALENDAR
House File 29
On motion of Senator Bartz, House File 29, a bill for an act to
privide a presumption that kidnapping has occurred within the state when
the body of a kidnapping victim is found within the state, with report
of committee recommending amendment and passage, and placed on the
Unfinished Business Calendar on April 13, 1995, was taken up for
consideration.
Senator Bartz offered amendment S-3074 filed by the committee on
Judiciary on February 22, 1995, to page 1 and the title page of the bill
and moved its adoption.
Amendment S-3074 was adopted by a voice vote.
Senator Husak asked and received unanimous consent that action on
House File 29 be deferred.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 577.
House File 577
On motion of Senator Szymoniak, House File 577, a bill for an act
relating to the creation of real estate improvement districts,
authorizing the issuance of general obligation bonds and revenue bonds,
the imposition of ad valorem property taxes, special assessments and
fees, and other related matters, with report of committee recommending
amendment and passage, was taken up for consideration.
Senator Szymoniak offered amendment S-3666 filed by the committee
on Ways and Means from the floor to pages 1, 24 and the title page of
the bill.
Senator Gronstal offered amendment S-3669 filed by him from the
floor to amendment S-3666 and moved its adoption.
Amendment S-3669 was adopted by a voice vote.
Senator Gronstal offered amendment S-3672 filed by him from the
floor to amendment S-3666 and moved its adoption.
Amendment S-3672 was adopted by a voice vote.
Senator Szymoniak moved the adoption of amendment S-3666 as
amended, which motion prevailed by a voice vote.
Senator Gronstal offered amendment S-3668 filed by him from the
floor to pages 2-4, 9, 10, 12, 13, 17-20 and 24 of the bill.
Senator Gronstal asked and received unanimous consent that action
on amendment S-3668 and House File 577 be deferred.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 549.
House File 549
On motion of Senator Bennett, House File 549, a bill for an act
relating to the collection of taxes and debts owed to or collected by
the state, including the renewal of registrations, the publication of
information pertaining to certain taxes and debts, providing for an
administrative levy to seize certain accounts of a debtor, the denial,
revocation, suspension, or renewal of licenses authorized by the state,
redistributing collected amounts, creating a drivers license
indebtedness clearance pilot project, and other related matters, and
providing an effective date, with report of committee recommending
passage, was taken up for consideration.
Senator Bennett 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. 549) 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 House File
549 be immediately messaged to the House.
The Senate stood at ease at 6:26 p.m. until the fall of the gavel
for the purpose of a party caucus..
The Senate resumed session at 6:50 p.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 43 present, 7 absent and a quorum present.
COMMITTEE REPORT
APPROPRIATIONS
Final Bill Action: HOUSE FILE 579, a bill for an act relating to the
compensation and benefits for public officials and employees and making
appropriations and providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 22: Murphy, Boswell, Lind, Bartz, Bisignano, Black,
Borlaug, Douglas, Dvorsky, Flynn, Fraise, Halvorson, Hammond, Husak,
Iverson, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and
Vilsack. Nays, 3: Banks, Gronstal and Judge.
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 579.
House File 579
On motion of Senator Bisignano, House File 579, a bill for an act
relating to the compensation and benefits for public officials and
employees and making appropriations and providing an effective date,
with report of committee recommending passage, was taken up for
consideration.
Senator Bisignano offered amendment S-3676 filed by him from the
floor to page 2 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-3676 be adopted? (H.F. 579) the
vote was:
Ayes, 25:
Banks Bartz Bisignano Black
Boswell Connolly Deluhery Fink
Fraise Giannetto Gronstal Hansen
Hedge Horn Husak Judge
Kibbie McKean McLaren Palmer
Priebe Redfern Sorensen Szymoniak
Vilsack
Nays, 25:
Bennett Boettger Borlaug Dearden
Douglas Drake Dvorsky Flynn
Freeman Gettings Halvorson Hammond
Iverson Jensen Kramer Lind
Lundby Maddox Murphy Neuhauser
Rensink Rife Rittmer Tinsman
Zieman
Amendment S-3676 lost.
Senator Bisignano withdrew amendment S-3673 filed by him from the
floor to page 10 of the bill.
Senator Bartz offered amendment S-3675 filed by Senators Bartz, et
al., from the floor to pages 10 and 11 of the bill and moved its
adoption.
A record roll call was requested.
On the question Shall amendment S-3675 be adopted? (H.F. 579) the
vote was:
Ayes, 23:
Banks Bartz Bennett Black
Boettger Boswell Deluhery Douglas
Fink Flynn Freeman Giannetto
Husak Kibbie Kramer Lind
Maddox McLaren Priebe Redfern
Rensink Sorensen Szymoniak
Nays, 27:
Bisignano Borlaug Connolly Dearden
Drake Dvorsky Fraise Gettings
Gronstal Halvorson Hammond Hansen
Hedge Horn Iverson Jensen
Judge Lundby McKean Murphy
Neuhauser Palmer Rife Rittmer
Tinsman Vilsack Zieman
Amendment S-3675 lost.
Senator Maddox offered amendment S-3674 filed by Senators Maddox
and Kramer from the floor to page 11 of the bill and moved its adoption.
Amendment S-3674 lost by a voice vote.
Senator Bisignano moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 579) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 27:
Bisignano Black Borlaug Connolly
Dearden Douglas Drake Dvorsky
Fink Freeman Gettings Halvorson
Hammond Hansen Horn Jensen
Kramer Lind Lundby McLaren
Murphy Neuhauser Palmer Rensink
Rittmer Szymoniak Vilsack
Nays, 23:
Banks Bartz Bennett Boettger
Boswell Deluhery Flynn Fraise
Giannetto Gronstal Hedge Husak
Iverson Judge Kibbie Maddox
McKean Priebe Redfern Rife
Sorensen Tinsman Zieman
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
579 be immediately messaged to the House.
BUSINESS PENDING
House File 577
The Senate resumed consideration of House File 577, a bill for an
act relating to the creation of real estate improvement districts,
authorizing the issuance of general obligation bonds and revenue bonds,
the imposition of ad valorem property taxes, special assessments and
fees, and other related matters, and amendment S-3668 by Senator
Gronstal to pages 2-4, 9, 10, 12, 13, 17-20 and 24 of the bill,
previously deferred.
Senator Gronstal moved the adoption of amendment S-3668, which
motion prevailed by a voice vote.
Senator Deluhery offered amendment S-3677 filed by him from the
floor to page 12 of the bill and moved its adoption.
Amendment S-3677 was adopted by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Priebe for the remainder of the evening on request of
Senator Husak.
Senator Szymoniak moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 577) the vote was:
Ayes, 33:
Banks Bartz Bennett Black
Boettger Boswell Dearden Deluhery
Douglas Drake Dvorsky Fink
Fraise Gettings Giannetto Gronstal
Hammond Hansen Horn Husak
Iverson Jensen Judge Kibbie
Kramer Maddox Murphy Neuhauser
Palmer Rittmer Szymoniak Tinsman
Vilsack
Nays, 15:
Borlaug Connolly Flynn Freeman
Halvorson Hedge Lind Lundby
McKean McLaren Redfern Rensink
Rife Sorensen Zieman
Absent or not voting, 2:
Bisignano Priebe
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
WAYS AND MEANS
Convened: April 20, 1995, 1:55 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Freeman, Hedge, Iverson, McLaren, Neuhauser,
Priebe, Szymoniak and Vilsack.
Members Absent: Drake and Murphy (both excused).
Committee Business: Recommended passage of House Files 560, 558, 559,
489, 550 and 519; deferred action on House File 549.
Adjourned: 2:35 p.m.
WAYS AND MEANS
Convened: April 27, 1995, 10:30 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: none.
Committee Business: Recommended passage of House Files 571 and 555;
approved SSB 351 as a committee bill; deferred action on Senate File
237.
Adjourned: 10:50 a.m.
WAYS AND MEANS
Convened: April 28, 1995, 10:15 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: none.
Committee Business: Recommended passage of House File 566; recommended
passage of House File 573 as amended.
Adjourned: 10:50 a.m.
WAYS AND MEANS
Convened: May 2, 1995, 9:57 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, Murphy,
Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: McLaren (excused).
Committee Business: Recommended passage of House File 577 as amended;
recommended passage of House File 549.
Adjourned: 11:00 a.m.
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
571 passed the Senate on May 2, 1995.
MICHAEL E. GRONSTAL
MR. PRESIDENT: I move to reconsider the vote by which House File
571 passed the Senate on May 2, 1995.
MIKE CONNOLLY
MR. PRESIDENT: I move to reconsider the vote by which House File
577 passed the Senate on May 2, 1995.
EMIL J. HUSAK
STUDY BILL RECEIVED
SSB 372
Appropriations
Relating to the compensation and benefits for public officials and
employees and making appropriations and providing an effective date.
SUBCOMMITTEE ASSIGNMENTS
SSB 372
APPROPRIATIONS: Bisignano, Chair; Gronstal and Lind
House File 579
APPROPRIATIONS: Bisignano, Chair; Gronstal and Lind
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
enrolling Senate File 475, the following corrections were made:
1. Page 9, line 2, the word and number Section 6 were changed to
the word and number Section 9.
JOHN F. DWYER Secretary of the Senate
BILL ENROLLED, SIGNED AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MR. PRESIDENT: The Secretary of the Senate respectfully reports
that the following bill has been enrolled, signed by the President of
the Senate and the Speaker of the House, and presented to the Governor
for his approval on this 2nd day of May, 1995:
Senate File 475.
JOHN F. DWYER Secretary of the Senate
CERTIFICATE OF RECOGNITION
The secretary of the senate issued the following certificate of
recognition:
Jay McLaren, Farragut - For serving with honor and distinction as a
House Page during the 1995 Regular Session of the 76th General Assembly.
Senator McLaren (5-2-95).
CONFERENCE COMMITTEE REPORT RECEIVED
(Senate File 481)
A conference committee report signed by the following Senate and
House members was filed May 2, 1995, on 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:
On the Part of the Senate: On the Part of the House:
LARRY MURPHY, Chair DAVID MILLAGE, Chair
JOANN DOUGLAS CLYDE E. BRADLEY
DON E. GETTINGS BARRY BRAUNS
RODNEY HALVORSON C. ARTHUR OLLIE
JIM LIND STEVEN WARNSTADT
AMENDMENTS FILED
S-3668 H.F. 577 Michael E. Gronstal
S-3669 H.F. 577 Michael E. Gronstal
S-3670 S.F. 485 Stewart Iverson, Jr.
S-3671 H.F. 505 Berl E. Priebe
Elaine Szymoniak
S-3672 H.F. 577 Michael E. Gronstal
S-3673 H.F. 579 Tony Bisignano
S-3674 H.F. 579 O. Gene Maddox
Mary E. Kramer
S-3675 H.F. 579 Merlin E. Bartz
Berl E. Priebe
Wayne Bennett
Emil J. Husak
S-3676 H.F. 579 Tony Bisignano
S-3677 H.F. 577 Patrick J. Deluhery
Michael E. Gronstal
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 8:25 p.m., until
9:00 a.m., Wednesday, May 3, 1995.
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Index: Senate Journal (76th General Assembly: Session 1)
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