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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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