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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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