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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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