Iowa General Assembly Banner


Previous Day: Wednesday, May 3Next Day:
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Senate Journal: Thursday, May 4, 1995

                       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.

Previous Day: Wednesday, May 3Next Day:
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Return To Home Iowa General Assembly

index Index: Senate Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa


Comments? sjourn@legis.iowa.gov.

Last update: Sun Jan 14 23:40:00 CST 1996
URL: /DOCS/GA/76GA/Session.1/SJournal/Day/0504.html
jhf