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Senate Journal: Wednesday, May 3, 1995

                       ONE HUNDRED FIFTEENTH CALENDAR DAY

                             SIXTY-NINTH SESSION DAY

                                 Senate Chamber

                    Des Moines, Iowa, Wednesday, May 3, 1995



         The Senate met in regular session at 9:15 a.m., President Boswell
    presiding.

         Prayer was offered by the Honorable Eugene Fraise, member of the
    Senate from Lee County, Fort Madison, Iowa.

         The Journal of Tuesday, May 2, 1995, was approved.



                             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 May 2, 1995, amended and passed the following bill in which
    the concurrence of the Senate is asked:

         Senate File 367, a bill for an act relating to domestic abuse and
    victim protection and providing a penalty, a delayed effective date, and
    a conditional effective date (S-3678).

         The Senate stood at ease at 9:21 a.m. until the fall of the gavel
    for the purpose of a committee meeting.

         The Senate resumed session at 10:03 a.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 May 2, 1995, amended and passed the following bill in which
    the concurrence of the Senate is asked:
         Senate File 266, a bill for  an act relating to the funding of,
    operation of, and appropriation of moneys to agencies, institutions,
    commissions, departments, and boards responsible for education and
    cultural programs of this state, and providing an effective date
    (S-3679).



                           INTRODUCTION OF RESOLUTION

         Senate Concurrent Resolution 33, by Gronstal and Boettger, a
    concurrent resolution celebrating 140 years of deaf education in Iowa.

         Read first time and 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 41 present, 9 absent and a quorum present.



                           HOUSE AMENDMENT CONSIDERED

    Senate File 367

         Senator Szymoniak called up for consideration Senate File 367, a
    bill for an act relating to domestic abuse and victim protection and
    providing a penalty, a delayed effective date, and a conditional
    effective date, amended by the House, and moved that the Senate concur
    in House amendment S-3678 filed May 3, 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. 367) the vote was:
    Ayes, 50:



    115th Day WEDNESDAY, MAY 3, 1995 1593

         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.



                       CONFERENCE COMMITTEE REPORT ADOPTED

    Senate File 481

         Senator Halvorson called up the conference committee report 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, 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 Halvorson 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. 481) 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.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that Senate File
    481 be immediately messaged to the House and to send an immediate
    message to the House on Senate File 367.



                               UNFINISHED BUSINESS

                            (Deferred April 10, 1995)

    House File 303

         The Senate resumed consideration of House File 303, a bill for an
    act relating to pipelines and underground storage of hazardous liquids,
    and providing penalties and effective and retroactive applicability date
    provisions, and amendment S-3365 by the committee on Natural Resources
    to pages 13, 19 and 37 of the bill, deferred April 10, 1995.

         Senator Gronstal offered amendment S-3399 filed by him on April 12,
    1995, to amendment S-3365 and moved its adoption.

         Amendment S-3399 was adopted by a voice vote.
         Senator Gronstal moved the adoption of amendment S-3365 as amended,
    which motion prevailed by a voice vote.

         Senator Lind asked and received unanimous consent to withdraw
    amendment S-3439 filed by Senators Lind, et al., on April 13, 1995, to
    page 3 of the bill.

         The Chair ruled amendment S-3457 filed by Senator Lind on April 18,
    1995, to amendment S-3439, out of order.

         Senator Fraise offered amendment S-3411 filed by him on April 13,
    1995, to pages 10, 16 and 32 of the bill and moved its adoption.

         Amendment S-3411 lost by a voice vote.

         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. 303) 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       Neuhauser     Palmer        Priebe
         Redfern       Rensink       Rife          Rittmer
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, none.

    Absent or not voting, 1:

         Murphy

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.
                          UNFINISHED BUSINESS CALENDAR

    House File 437

         On motion of Senator Gronstal, House File 437, a bill for  an act
    relating to the financing of political campaigns and by adding and
    changing definitions of commissioner and political committee, changing
    the providing for the appointment of committee personnel and the
    maintenance of committee funds, providing for the retention of records,
    establishing requirements for committee names, specifying requirements
    for out-of-state committee filings, prohibiting political committees
    from supporting a single candidate, revising filing deadlines and the
    contents of disclosure reports, providing for disclaimers on published
    materials by nonregistered entities, including federal corporations
    under corporate activity prohibitions, allowing candidates to donate
    funds to district political party central committees and political
    subdivisions, providing for the establishment of ethics and campaign
    disclosure board staff salaries, and making other related changes, with
    report of committee recommending passage, and placed on the Unfinished
    Business Calendar on April 13, 1995, was taken up for consideration.

         Senator Gronstal offered amendment S-3659 filed by him on May 1,
    1995, to pages 2, 3, 5, 12, 13 and the title page of the bill and moved
    its adoption.

         Amendment S-3659 was adopted by a voice vote.

         Senator Bartz offered amendment S-3564 filed by him on April 24,
    1995, to page 13 of the bill and moved its adoption.

         Amendment S-3564 was adopted by a voice vote.

         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. 437) 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         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:

         Iverson

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.



                          MOTION TO RECONSIDER ADOPTED

         Senator Murphy called up the motion to reconsider House File 288
    filed by him on April 26, 1995, found on page 1466 of the Senate Journal
    and moved its adoption.

         On the question Shall the motion to reeconsider be adopted? (H.F.
    288) the vote was:

    Ayes, 37:


         Banks         Bartz         Bisignano     Black
         Borlaug       Boswell       Connolly      Dearden
         Deluhery      Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Horn          Husak         Judge         Kibbie
         Kramer        Lundby        McKean        Murphy
         Neuhauser     Palmer        Rensink       Rittmer
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, 11:

         Bennett       Boettger      Douglas       Drake
         Hedge         Jensen        Lind          Maddox
         McLaren       Redfern       Rife
    Absent or not voting, 2:

         Iverson       Priebe

         The motion prevailed.

         Senator Murphy moved to reconsider the vote by which House File 288
    went to its last reading, which motion prevailed by a voice vote.

    House File 288

         On motion of Senator Connolly, House File 288, a bill for  an act
    relating to juvenile justice by providing for notification of school
    officials of alcoholic beverage violations, authorizing school districts
    to adopt a dress code policy, the expulsion of a student for bringing a
    weapon to school, an exemption in the definition of assault, eliminating
    the twenty-four hour notice to students of a periodic inspection of
    students lockers, giving access to certain juvenile court records to a
    designated school representative, and providing an effective date, was
    taken up for reconsideration.

         Senator Horn asked and received unanimous consent that House File
    288 be referred to the committee on Education.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that House Files
    303 and 437 be immediately messaged to the House.



                               UNFINISHED BUSINESS

                             (Deferred May 2, 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 amendment S-3577 by Senators Priebe, et al., to page 1 of the bill,
    deferred May 2, 1995.

         Senator Priebe asked and received unanimous consent to withdraw
    amendment S-3577.
         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. 505) 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 Szymoniak asked and received unanimous consent that Senate
    File 441 be withdrawn from further consideration of the Senate.

         Senator Horn asked and received unanimous consent that House File
    505 be immediately messaged to the House.



                             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 3, 1995, adopted the following resolution in which the
    concurrence of the House was asked:

         Senate Concurrent Resolution 10, a cconcurrent resolution relating
    to border city trucking agreements.
         ALSO: That the House has on May 3, 1995, passed the following bill
    in which the concurrence of the House was asked:

         Senate File 468, a bill for  an act to legalize the transfer of
    certain property by the City of Keokuk and providing an effective date.

         ALSO: That the House has on May 3, 1995, amended and passed the
    following bill in which the concurrence of the Senate is asked:

         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 (S-3680).

         ALSO: That the House has on May 3, 1995, receded from the House
    amendment and passed the following bill in which the concurrence of the
    House was asked:

         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.



                           HOUSE AMENDMENT CONSIDERED

    Senate File 478

         Senator Palmer called up for consideration 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, amended by the House in
    House amendment S-3680 filed May 3, 1995.

         Senator Palmer offered amendment S-3682 filed by him from the floor
    to House amendment S-3680.

         Senator Bennett asked and received unanimous consent that action on
    amendment S-3682 to House amendment S-3680, House amendment S-3680 and
    Senate File 478 be deferred.
                                COMMITTEE REPORT

    STATE GOVERNMENT

    Final Bill Action: SENATE FILE 487, a bill for an act providing for the
    garnishment, attachment, or execution of certain benefits to police
    officers, fire fighters, and peace officers for the purposes of
    enforcement of child, spousal, or medical support obligations.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3681.

    Final Vote: Ayes, 15: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
    Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby,
    McLaren and Sorensen. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                              CONSIDERATION OF BILL

                               (Regular Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration Senate File 487.

    Senate File 487

         On motion of Senator Kibbie, Senate File 487, a bill for an act
    providing for the garnishment, attachment, or execution of certain
    benefits to police officers, fire fighters, and peace officers for the
    purposes of enforcement of child, spousal, or medical support
    obligations, with report of committee recommending amendment and
    passage, was taken up for consideration.

         Senator Kibbie offered amendment S-3681 filed by the committee on
    State Government from the floor to pages 1, 2 and the title page of the
    bill and moved its adoption.

         Amendment S-3681 was adopted by a voice vote.

         Senator Kibbie 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. 487) the vote was:
    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.

    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, House amendment S-3680 and
    amendment S-3682 by Senator Palmer to House amendment S-3680, previously
    deferred.

         Senator Palmer moved the adoption of amendment S-3682 to House
    amendment S-3680, which motion prevailed by a voice vote.

         Senator Palmer moved that the Senate concur in the House amendment
    as amended.

         A non record roll call was requested.

         The ayes were 38, nays 11.

         The motion prevailed and the Senate concurred in the House
    amendment as amended.
         Senator Palmer 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. 478) the vote was:

    Ayes, 44:


         Banks         Bartz         Bennett       Black
         Boettger      Borlaug       Boswell       Connolly
         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       Priebe
         Redfern       Rensink       Rife          Rittmer
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, 4:

         Bisignano     Dearden       Palmer        Sorensen

    Absent or not voting, 2:

         Murphy        Neuhauser

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.



                                 SPECIAL TRIBUTE

         Senator Bisignano rose to pay tribute to Ray J. Prosperi, Chief
    Doorkeeper of the Senate, who is retiring after twenty-one years of
    service. Senator Bisignano stated that during Rays tenure in the Senate,
    he survived five majority leaders, four minority leaders, six secretarys
    of the senate, seven sergeant-at-arms, thirty-four doorkeepers and seven
    thousand lobbyists.

         The Senate rose to express its tribute to Ray.
                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that Senate Files
    478 and 487 be immediately messaged to the House.



                                     RECESS

         On motion of Senator Horn, the Senate recessed at 12:10 p.m., until
    2:30 p.m.





                                AFTERNOON SESSION

         The Senate reconvened at 5:08 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 3, 1995, amended and passed the following bill in which
    the concurrence of the Senate is asked:

         Senate File 484, a bill for  an act relating to and making
    appropriations to certain state departments, agencies, funds, and
    certain other entities, providing for regulatory authority and other
    properly related matters, providing an effective date, and providing
    penalties (S-3684).

         ALSO: That the House has on May 3, 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 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.

         ALSO: That the House has on May 3, 1995, adopted the conference
    committee report and passed 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 has on May 3, 1995, concurred in the Senate
    amendment, and passed the following bills in which the concurrence of
    the House was asked:

         House File 303, a bill for  an act relating to pipelines and
    underground storage of hazardous liquids, and providing penalties and
    effective and retroactive applicability date provisions.

         House File 437, a bill for  an act relating to the financing of
    political campaigns and by adding and changing definitions of
    commissioner and political committee, changing the providing for the
    appointment of committee personnel and the maintenance of committee
    funds, providing for the retention of records, establishing requirements
    for committee names, specifying requirements for out-of-state committee
    filings, prohibiting political committees from supporting a single
    candidate, revising filing deadlines and the contents of disclosure
    reports, providing for disclaimers on published materials by
    nonregistered entities, including federal corporations under corporate
    activity prohibitions, allowing candidates to donate funds to district
    political party central committees and political subdivisions, providing
    for the establishment of ethics and campaign disclosure board staff
    salaries, and making other related changes.

         House File 505, a bill for  an act relating to payment of expenses
    for persons with mental retardation.

         The Senate stood at ease at 5:14 p.m. until the fall of the gavel.

         The Senate resumed session at 6:58 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 May 3, 1995, adopted the conference committee report and
    passed House File 553, a bill for an act relating to agriculture and
    natural resources, including for appropriations involving agriculture
    and natural resources, providing related statutory changes, and
    providing effective dates.



                                   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.



                           BILL ASSIGNED TO COMMITTEE

         President Boswell announced that House File 574 be assigned to the
    committee on Appropriations.



                          MOTION TO OVERRIDE GOVERNORS

                                 ITEM VETO LOST

         Senator Vilsack called up for consideration 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, and moved to reconsider and pass, the objections of
    the Governor notwithstanding, Section 15, identified as the third
    sentence of Section 331.439, subsection 3a, and Section 331.439,
    subsections 3b and 3c, Section 15, identified as Section 331.439,
    subsection 5, as item vetoed by the Governor on May 2, 1995.

         On the question Shall the Senate on reconsideration, pass Section
    15, identified as the third sentence of Section 331.439, subsection 3a,
    and Section 331.349, subsections 3b and 3c, Section 15, identified as
    Section 331.439, subsection 5, the objections of the Governor to the
    contrary notwithstanding? (S.F. 69) the vote was:
    Ayes, 27:


         Bisignano     Black         Boswell       Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Flynn         Fraise        Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Horn          Husak         Judge         Kibbie
         Murphy        Neuhauser     Palmer        Priebe
         Sorensen      Szymoniak     Vilsack

    Nays, 22:


         Banks         Bartz         Bennett       Boettger
         Borlaug       Douglas       Drake         Freeman
         Hedge         Iverson       Jensen        Kramer
         Lind          Lundby        Maddox        McKean
         Redfern       Rensink       Rife          Rittmer
         Tinsman       Zieman

    Absent or not voting, 1:

         McLaren

         The motion having failed to receive a two-thirds vote was declared
    to have lost and the Governors item veto was sustained.



                      CONFERENCE COMMITTEE REPORT RECEIVED

                                (House File 553)

         A conference committee report signed by the following Senate and
    House members was filed May 3, 1995, on House File 553, a bill for an
    act relating to agriculture and natural resources, including for
    appropriations involving agriculture and natural resources, providing
    related statutory changes, and providing effective dates:


         On the Part of the Senate:  On the Part of the House:
         DENNIS H. BLACK, Chair      JAMES HAHN, Chair
         BRAD BANKS    JERRY CORNELIUS
         EMIL J. HUSAK               SANDRA GREINER
         DERRYL McLAREN              DEO KOENIGS
         BERL E. PRIEBE              DOLORES MERTZ
                       CONFERENCE COMMITTEE REPORT ADOPTED

    House File 553

         Senator Black called up the conference committee report on House
    File 553, a bill for  an act relating to agriculture and natural
    resources, including for appropriations involving agriculture and
    natural resources, providing related statutory changes, and providing
    effective dates, filed on May 3, 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 Black 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. 553) the vote was:

    Ayes, 50:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Flynn
         Fraise        Freeman       Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Hedge         Horn          Husak         Iverson
         Jensen        Judge         Kibbie        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, none.

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.
                               UNFINISHED BUSINESS

                             (Deferred May 2, 1995)

    House File 29

         The Senate resumed consideration of House File 29, a bill for an
    act to provide a presumption that kidnapping has occurred within the
    state when the body of a kidnapping victim is found within the state,
    deferred May 2, 1995.

         Senator Bartz 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. 29) 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.



                               UNFINISHED BUSINESS

                            (Deferred April 27, 1995)

    House File 494

         The Senate resumed consideration of House File 494, a bill for  an
    act relating to the office of secretary of state, the conduct of
    elections, and the registration of voters in the state and relating to
    corrective and technical changes to Iowas election laws, and amendment
    S-3607 by Senator Gronstal to page 11 of the bill, deferred April 27,
    1995.

         Senator Gronstal moved the adoption of amendment S-3607, which
    motion prevailed by a voice vote.

         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. 494) 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.



                           HOUSE AMENDMENT CONSIDERED

    Senate File 266

         Senator Kibbie called up for consideration Senate File 266, a bill
    for  an act relating to the funding of, operation of, and appropriation
    of moneys to agencies, institutions, commissions, departments, and
    boards responsible for education and cultural programs of this state,
    and providing an effective date, amended by the House in House amendment
    S-3679 filed May 3, 1995.

         Senator Kibbie offered amendment S-3687 filed by him from the floor
    to House amendment S-3679.
         Senator Kibbie offered amendment S-3688 filed by him from the floor
    to amendment S-3689 to House amendment S-3679 and moved its adoption.

         Amendment S-3688 was adopted by a voice vote.

         Senator Kibbie moved the adoption of amendment S-3687 as amended to
    House amendment S-3679, which motion prevailed by a voice vote.

         With the adoption of amendment S-3687 as amended, the Chair ruled
    amendments S-3683 and S-3685 filed by Senator Bartz from the floor to
    House amendment S-3679, out of order.

         Senator Kibbie 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 Kibbie 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. 266) 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.
                                COMMITTEE REPORTS



    APPROPRIATIONS

    Final Bill Action: SENATE FILE 212, a bill for an act providing for
    special motor vehicle registration plates for education, establishing an
    Iowa education transportation enhancement fund, and providing an
    effective date.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3686.

    Final Vote: Ayes, 18: Murphy, Boswell, Lind, Banks, Black, Douglas,
    Dvorsky, Flynn, Fraise, Halvorson, Hammond, Husak, Judge, Kramer,
    McLaren, Rensink, Tinsman and Vilsack. Nays, none. Absent or not voting,
    7: Bartz, Bisignano, Borlaug, Gronstal, Iverson, Kibbie and Neuhauser.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 575, a bill for an act establishing the
    Iowa hope loan program, creating an Iowa hope loan fund, and providing
    for other properly related matters.

    Recommendation: DO PASS.

    Final Vote: Ayes, 21: Murphy, Boswell, Lind, Banks, Bisignano, Black,
    Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak,
    Iverson, Judge, Kramer, McLaren, Rensink, Tinsman and Vilsack. Nays,
    none. Absent or not voting, 4:  Bartz, Borlaug, Kibbie and Neuhauser.

    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 575.

    House File 575

         On motion of Senator Hammond, House File 575, a bill for an act
    establishing the Iowa hope loan program, creating an Iowa hope loan
    fund, and providing for other properly related matters, with report of
    committee recommending passage, was taken up for consideration.
         Senator Hammond offered amendment S-3691 filed by her from the
    floor to page 3 of the bill and moved its adoption.

         Amendment S-3691 was adopted by a voice vote.

         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. 575) 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.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that House Files
    553, 575, 29 and 494 be immediately messaged to the House.



                           HOUSE AMENDMENT CONSIDERED

    Senate File 484

         Senator Judge called up for consideration Senate File 484, a bill
    for  an act relating to and making appropriations to certain state
    departments, agencies, funds, and certain other entities, providing for
    regulatory authority and other properly related matters, providing an
    effective date, and providing penalties, amended by the House in House
    amendment S-3684 filed May 3, 1995.

         Senator Judge offered amendment S-3689 filed by her from the floor
    to House amendment S-3684.

         Senator Judge offered amendment S-3690 filed by her from the floor
    to amendment S-3689 to House amendment S-3684.

         Senator Bennett raised the point of order that amendment S-3690 was
    not germane to amendment S-3689 to House amendment S-3684.

         The Chair ruled the point not well taken and amendment S-3690 in
    order.

         Senator Judge moved the adoption of amendment S-3690 to amendment
    S-3689 to House amendment S-3684.

         A record roll call was requested.

         On the question Shall amendment S-3690 to amendment S-3689 to House
    amendment S-3684 be adopted? (S.F. 484) the vote was:

         Rule 23, requiring all Senators present to vote except those who
    express a conflict of interest, was invoked.

    Ayes, 26:


         Bisignano     Black         Boswell       Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Fraise        Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Horn
         Husak         Judge         Kibbie        Murphy
         Neuhauser     Palmer        Priebe        Sorensen
         Szymoniak     Vilsack

    Nays, 24:

         Banks         Bartz         Bennett       Boettger
         Borlaug       Douglas       Drake         Flynn
         Freeman       Hedge         Iverson       Jensen
         Kramer        Lind          Lundby        Maddox
         McKean        McLaren       Redfern       Rensink
         Rife          Rittmer       Tinsman       Zieman
         Amendment S-3690 was adopted.

         Senator Judge moved the adoption of amendment S-3689 as amended, to
    House amendment S-3684, which motion prevailed by a voice vote.

         Senator Judge 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 Judge 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. 484) the vote was:

    Ayes, 27:


         Bisignano     Black         Boswell       Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Flynn         Fraise        Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Horn          Husak         Judge         Kibbie
         Murphy        Neuhauser     Palmer        Priebe
         Sorensen      Szymoniak     Vilsack

    Nays, 23:

         Banks         Bartz         Bennett       Boettger
         Borlaug       Douglas       Drake         Freeman
         Hedge         Iverson       Jensen        Kramer
         Lind          Lundby        Maddox        McKean
         McLaren       Redfern       Rensink       Rife
         Rittmer       Tinsman       Zieman

         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
    484 be immediately messaged to the House.
                         MOTION TO RECONSIDER WITHDRAWN

         Senator Husak withdrew the following motion to reconsider filed by
    him from the floor:

         MR. PRESIDENT: I move to reconsider the vote by which Senate File
    266 passed the Senate on May 3, 1995.

         Senator Horn asked and received unanimous consent that Senate File
    266 be immediately messaged to the House.

         The Senate stood at ease at 10:22 p.m. until the fall of the gavel.

         The Senate resumed session at 11:21 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 3, 1995, passed the following bill in which the
    concurrence of the House was asked:

         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.

         ALSO: That the House has on May 3, 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 484, a bill for  an act relating to and making
    appropriations to certain state departments, agencies, funds, and
    certain other entities, providing for regulatory authority and other
    properly related matters, providing an effective date, and providing
    penalties.

         ALSO: That the House has on May 3, 1995, concurred in the Senate
    amendment and passed the following bills in which the concurrence of the
    House was asked:

         House File 29, a bill for  an act to provide a presumption that
    kidnapping has occurred within the state when the body of a kidnapping
    victim is found within the state.
         House File 494, a bill for  an act relating to the office of
    secretary of state, the conduct of elections, and the registration of
    voters in the state and relating to corrective and technical changes to
    Iowas election laws.

         House File 575, a bill for  an act establishing the Iowa hope loan
    program, creating an Iowa hope loan fund, and providing for other
    properly related matters.

         ALSO: That the House has on May 3, 1995, passed the following bill
    in which the concurrence of the Senate is asked:

         House File 583, a bill for an act relating to industrial new job
    training projects by eliminating a provision relating to confinement
    feeding operations and providing an effective date.

         This bill was read first time and passed on file.



                                 SENATE INSISTS

    Senate File 484

         Senator Judge called up for consideration Senate File 484, a bill
    for  an act relating to and making appropriations to certain state
    departments, agencies, funds, and certain other entities, providing for
    regulatory authority and other properly related matters, providing an
    effective date, and providing penalties, amended by the House, further
    amended by the Senate and moved that the Senate insists 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 484 on the part of the Senate: Senators Judge, Chair; Murphy,
    Gronstal, Lind and Bartz.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that Senate File
    484 be immediately messaged to the House.
                                    APPENDIX



                          BILLS SIGNED BY THE GOVERNOR

         A communication was received announcing that on May 3, 1995, the
    Governor approved and transmitted to the Secretary of State the
    following bills:

         SENATE FILE 93 - Related to criminal offenses against minors,
    sexual exploitation, and sexually violent offenses and offenders
    committing those offenses, by requiring registration by offenders,
    providing for the establishment of a sex offender registry, permitting
    the charging of fees, providing penalties, and providing for transition,
    applicability, and severability provisions.

         SENATE FILE 208 - Relating to child abuse and termination of
    parental rights provisions, and providing an effective date.

         SENATE FILE 320 - Relating to the regulation of state banks and
    other financial institutions by the Division of Banking of the
    Department of Commerce.



                              SPECIAL ANNOUNCEMENT

         Senator Kramer announced that Cynthia A. Eisenhauser, Director of
    the Department of Employment Services, was named Outstanding State
    Administrator by the National Employers Council, a private organization
    of employers interested in strengthening our countrys employment
    security.

         The Senate rose and expressed its congratulations to Ms.
    Eisenhauer, who was present in the Senate chamber.



                               EXPLANATION OF VOTE

    MR. PRESIDENT: I was necessarily absent from the Senate chamber on May
    3, 1995, when the vote was taken on House File 437.

         Had I been present, I would have voted aye.

                                                     STEWART E. IVERSON, JR.



                                AMENDMENTS FILED


         S-3678        S.F.          367           House amendment
         S-3679        S.F.          266           House amendment
         S-3680        S.F.          478           House amendment
         S-3681        S.F.          487           State Government
         S-3682        S.F.          478           William D. Palmer
         S-3683        S.F.          266           Merlin E. Bartz
         S-3684        S.F.          484           House amendment
         S-3685        S.F.          266           Merlin E. Bartz
         S-3686        S.F.          212           Appropriations
         S-3687        S.F.          266           John P. Kibbie
         S-3688        S.F.          266           John P. Kibbie
         S-3689        S.F.          484           Patty Judge
         S-3690        S.F.          484           Patty Judge
         S-3691        H.F.          575           Johnie Hammond



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 11:25 p.m.,
    until 9:00 a.m. , Thursday, May 4, 1995.

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