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ONE HUNDRED SIXTEENTH CALENDAR DAY SEVENTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, May 4, 1995 The Senate met in regular session at 10:45 a.m., President Boswell presiding. Prayer was offered by the Honorable Albert Sorensen, member of the Senate from Boone County, Boone, Iowa. 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 4, 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 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. ALSO: That the House has on May 4, 1995, passed the following bill in which the concurrence of the Senate is asked: House File 584, a bill for an act relating to state appropriation matters by providing for the crediting of moneys to the rebuild Iowa infrastructure fund, revising education appropriation provisions, and other properly related matters, and providing an effective date. This bill was read first time and passed on file. ALSO: That the members of the Conference Committee, appointed May 3, 1995, on 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, on the part of the House are: The Representative from Black Hawk, Mr. Hanson, Chair; the Representative from Polk, Mr. Cataldo; the Representative from Winneshiek, Mr. Gipp; the Representative from Scott, Mr. Millage; the Representative from Dubuque, Mr. Murphy. INTRODUCTION OF RESOLUTIONS Senate Resolution 25, by Halvorson, a senate resolution requesting that community colleges adopt policies and follow practices which do not threaten family farm agriculture in this state. Read first time and passed on file. Senate Concurrent Resolution 34, by committee on Rules and Administration, a senate concurrent resolution to provide for adjournment sine die. Read first time and placed on calendar. BILLS ASSIGNED TO COMMITTEE President Boswell announced that House Files 583 and 584 were assigned to the committee on Appropriations. The Journal of Wednesday, May 3, 1995, was approved. The Senate stood at ease at 10:55 a.m. until the fall of the gavel for the purpose of a committee meeting. The Senate resumed session at 11:33 a.m., President Boswell presiding. BILL ASSIGNED TO COMMITTEE President Boswell announced that Senate Resolution 25 was assigned to the committee on Agriculture. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent and a quorum present. MOTIONS TO RECONSIDER WITHDRAWN House File 571 Senator Connolly withdrew his motion to reconsider House File 571, a bill for an act relating to the frequency of referendums held on excursion gambling boat proposals or gambling games proposals for licensed pari-mutuel racetracks and the qualifications of a qualifying organization which are necessary to conduct pari-mutuel wagering at racetracks or gambling games on excursion gambling boats and providing effective and applicability dates, filed by him on May 2, 1995, and found on page 1587 of the Senate Journal. Senator Gronstal withdrew the motion to reconsider House File 571, filed by him on May 2, 1995, and found on page 1587 of the Senate Journal. WITHDRAWN Senator Halvorson asked and received unanimous consent that Senate Files 29 and 109 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that House File 571 be immediately messaged to the House. COMMITTEE REPORT APPROPRIATIONS Final Bill Action: HOUSE FILE 584, a bill for an act relating to state appropriation matters by providing for the crediting of moneys to the rebuild Iowa infrastructure fund, revising education appropriation provisions, and other properly related matters, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 25: Murphy, Boswell, Lind, Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Appropriations Calendar) Senator Horn asked and received unanimous consent to take up for consideration House File 584. House File 584 On motion of Senator Murphy, House File 584, a bill for an act relating to state appropriation matters by providing for the crediting of moneys to the rebuild Iowa infrastructure fund, revising education appropriation provisions, and other properly related matters, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Murphy moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (H.F. 584) 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 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: 1624 JOURNAL OF THE SENATE 116th Day Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONFERENCE COMMITTEE REPORT RECEIVED (Senate File 484) A conference committee report signed by the following Senate and House members was filed May 4, 1995, on 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: On the Part of the Senate: On the Part of the House: PATTY JUDGE, Chair DONALD E. HANSON, Chair MERLIN E. BARTZ MICHAEL CATALDO LARRY MURPHY CHUCK GIPP DAVID MILLAGE PAT MURPHY CONFERENCE COMMITTEE REPORT ADOPTED Senate File 484 Senator Judge called up the conference committee report on 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, filed on May 4, 1995. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer until she arrives on request of Senator Tinsman. BUSINESS PENDING Senate File 484 The Senate resumed consideration of Senate File 484. Senator Judge moved the adoption of the conference committee report. The motion prevailed by a voice vote and the conference committee report and the recommendations and amendments contained therein was adopted. Senator Judge 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. 484) the vote was: Ayes, 41: Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Halvorson Hammond Hedge Horn Husak Jensen Judge Kibbie Lundby Maddox McKean Murphy Neuhauser Palmer Redfern Rensink Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 8: Banks Gronstal Hansen Iverson Lind McLaren Priebe Rife Absent or not voting, 1: Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. IMMEDIATELY MESSAGED Senator Fraise asked and received unanimous consent that House File 584 and Senate File 484 be immediately messaged to the House. The Senate stood at ease at 12:03 p.m. until the fall of the gavel for the purpose of a committee meeting. The Senate resumed session at 12:32 p.m., President Boswell presiding. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 41 present, 8 absent and a quorum present. MOTION TO RECONSIDER WITHDRAWN House File 577 Senator Husak withdrew the motion to reconsider House File 577, a bill for an act relating to the creation of real estate improvement districts, authorizing the issuance of general obligation bonds and revenue bonds, the imposition of ad valorem property taxes, special assessments and fees, and other related matters, filed by him on May 2, 1995, and found on page 1587 of the Senate Journal. COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: 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. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3692. Final Vote: Ayes, 17: Murphy, Boswell, Banks, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Gronstal, Halvorson, Hammond, Iverson, Kibbie, Rensink, Tinsman and Vilsack. Nays, 7: Lind, Bartz, Fraise, Husak, Judge, McLaren and Neuhauser. Absent or not voting, 1: Kramer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Appropriations Calendar) Sentaor Horn asked and received unanimous consent to take up for consideration House File 583. House File 583 On motion of Senator Kibbie, 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Kibbie offered amendment S-3692 filed by the committee on Appropriations from the floor to page 1 of the bill and moved its adoption. Amendment S-3692 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? (H.F. 583) the vote was: Ayes, 28: Black Boswell Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Giannetto Gronstal Halvorson Hansen Horn Iverson Jensen Kibbie Lundby Maddox Murphy Palmer Redfern Rensink Rittmer Sorensen Szymoniak Tinsman Vilsack Nays, 21: Banks Bartz Bennett Bisignano Boettger Borlaug Drake Fraise Freeman Gettings Hammond Hedge Husak Judge Lind McKean McLaren Neuhauser Priebe Rife Zieman Absent or not voting, 1: Kramer 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 577 and 583 be immediately messaged to the House. MOTION TO RECONSIDER WITHDRAWN House File 258 Senator Gronstal withdrew the motion to reconsider House File 258, a bill for an act relating to drug testing of certain employees and applicants for employment, providing for employer defenses, and making penalties applicable, filed by him on April 19, 1995, and found on page 1318 of the Senate Journal. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that House File 258 be immediately messaged to the House. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 34, a senate concurrent resolution to provide for adjournment sine die. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 7: Horn, Boswell, Rife, Gettings, Gronstal, Husak and Lind. Nays, none. Absent or not voting, 2: Bisignano and Kramer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION (Regular Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 34. Senate Concurrent Resolution 34 On motion of Senator Horn, Senate Concurrent Resolution 34, a senate concurrent resolution to provide for adjournment sine die, was taken up for consideration. Senator Horn moved the adoption of Senate Concurrent Resolution 34, which motion prevailed by a voice vote. Senator Horn asked and received unanimous consent that Senate Concurrent Resolution 34 be immediately messaged to the House. APPENDIX COMMUNICATION The following communication from Senator and Mrs. Kibbie was received: Thanks to each of you for your kindness and support during the recent loss of our grandson. Your friendship and thoughtfulness is deeply appreciated. JACK AND KAY KIBBIE CERTIFICATE OF RECOGNITION The secretary of the senate issued the following certificate of recognition: Hoover Elementary School, Davenport - For FINE recognition for an Outstanding Job of Improving Student Growth and Achievement. Senator Tinsman (5-1-95). REPORTS OF THE SECRETARY OF THE SENATE MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 150, the following correction was made: 1. Page 13, line 19, the word and number Section 100 were changed to the word and number Section 9. ALSO: That in enrolling Senate File 472, the following correction was made: 1. Page 8, line 31, the word and number section 2 were changed to the word and number section 7. JOHN F. DWYER Secretary of the Senate BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MR. PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 4th day of May, 1995: Senate Files 120, 150, 472, 239, 468, 189 and 367. JOHN F. DWYER Secretary of the Senate PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Fifth grade students from Lucas Elementary School, Des Moines. Senator Bisignano. One hundred fifth grade students from Orange City Elementary School, Orange City, accompanied by Paul Koets. Senator Rensink. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 33 STATE GOVERNMENT: Gronstal, Chair; Drake and Kibbie House File 583 APPROPRIATIONS: Kibbie, Chair; Lind and Murphy House File 584 APPROPRIATIONS: Murphy, Chair; Boswell and Lind REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 26, 1995, 2:45 p.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink and Tinsman. Members Absent: Vilsack (excused). Committee Business: Recommended passage of House File 565 as amended. Recessed: 3:11 p.m. Reconvened: April 27, 1995, 6:05 p.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended passage of House File 572; approved SSB 367 as a committee bill. Recessed: 7:10 p.m. Reconvened: April 28, 1995, 8:00 p.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Kibbie, Kramer, Neuhauser, Rensink and Tinsman. Members Absent: Banks, Hammond, Husak, Iverson, Judge, McLaren and Vilsack (all excused). Committee Business: Recommended passage of House File 578. Recessed: 8:02 p.m. Reconvened: April 28, 1995, 11:26 a.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Members Absent: none. Committee Business: Amended and approved SSB 371 as a committee bill; approved SSBs 370 and 369 as committee bills. Recessed: 11:43 a.m. Reconvened: May 2, 1995, 5:10 p.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended passage House File 579. Recessed: 5:14 p.m. Reconvened: May 3, 1995, 12:19 p.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bisignano, Black, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kramer, McLaren, Rensink, Tinsman and Vilsack. Members Absent: Bartz, Borlaug, Kibbie and Neuhauser (all excused). Committee Business: Recommended passage of House File 575; recommended passage of Senate File 212 as amended. Adjourned: 12:26 p.m. APPROPRIATIONS Convened: May 4, 1995, 11:08 a.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended passage of House File 584. Recessed: 11:30 a.m. Reconvened: May 4, 1995, 12:10 p.m. Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended passage of House File 583 as amended. Adjourned: 12:20 p.m. RULES AND ADMINISTRATION Convened: May 4, 1995, 9:15 a.m. Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member; Gettings, Gronstal, Husak and Lind. Members Absent: Bisignano and Kramer (both excused). Committee Business: Approved proposed committee resolution providing for sine die. Adjourned: 9:16 a.m. STATE GOVERNMENT Convened: May 3, 1995, 9:28 a.m. Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Members Absent: none. Committee Business: Recommended passage of Senate File 487 as amended. Adjourned: 9:42 a.m. STATE GOVERNMENT Convened: May 4, 1995, 10:00 a.m. Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Members Absent: none. Committee Business: Recommended passage of Senate Concurrent Resolution 33. Adjourned: 10:05 a.m. COMMITTEE REPORT STATE GOVERNMENT Final Bill Action: SENATE CONCURRENT RESOLUTION 33, a concurrent resolution celebrating 140 years of deaf education in Iowa. Recommendation: DO PASS. 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. AMENDMENT FILED S-3692 H.F. 583 Appropriations The Senate stood at ease at 12:57 p.m. until the fall of the gavel.
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