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FIFTY-EIGHTH CALENDAR DAY
THIRTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, March 5, 1996
The Senate met in regular session at 9:10 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Kathleen Kinney, pastor of the
St. Johns Lutheran Church, Craig, Iowa.
The Journal of Monday, March 4, 1996, was approved.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 47 present, 3 absent and a quorum present.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2101
On motion of Senator Vilsack, Senate File 2101, a bill for an act
relating to the disbursement of the remaining funds in a nonguaranteed
irrevocable burial trust fund following satisfaction of payment in
accordance with an agreement for funeral merchandise and funeral
services, was taken up for consideration.
Senator Szymoniak offered amendment S-5044 filed by her on February
6, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5044 was adopted by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Kramer until she arrives on request of Senator Borlaug.
BUSINESS PENDING
Senate File 2101
The Senate resumed consideration of Senate File 2101.
Senator Vilsack 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. 2101) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake 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, 2:
Dvorsky Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2259
On motion of Senator Kibbie, Senate File 2259, a bill for an act
relating to issuance of a certificate of title for a documented vessel,
was taken up for consideration.
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. 2259) 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:
Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2260
On motion of Senator Fraise, Senate File 2260, a bill for an act
relating to soil and water conservation, by providing for the powers and
duties of commissioners of soil and water conservation districts, and
soil and water conservation practices, was taken up for consideration.
Senator Fraise offered amendment S-5172 filed by him from the floor
to page 1 of the bill and moved its adoption.
Amendment S-5172 was adopted by a voice vote.
Senator Fraise offered amendment S-5139 filed by him on February
28, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5139 was adopted by a voice vote.
Senator Fraise 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. 2260) the vote was:
Ayes, 48:
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 Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Kramer Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2270
On motion of Senator Maddox, Senate File 2270, a bill for an act
amending the uniform commercial code relating to letters of credit and
providing an effective date, was taken up for consideration.
Senator Maddox 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. 2270) 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:
Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2282
On motion of Senator Deluhery, Senate File 2282, a bill for an act
relating to the requirement of notifying a consumer of a change in the
terms of an open-end credit agreement, was taken up for consideration.
Senator Deluhery 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. 2282) the vote was:
Ayes, 48:
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 Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Kramer Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2283
On motion of Senator Priebe, Senate File 2283, a bill for an act
relating to voting, the distribution of earnings, and the bylaws of a
cooperative association, was taken up for consideration.
Senator Priebe 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. 2283) 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:
Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2295
On motion of Senator Bartz, Senate File 2295, a bill for an act
relating to employer practices regarding persons summoned to jury duty,
was taken up for consideration.
Senator Bartz asked and received unanimous consent that action on
Senate File 2295 be deferred.
Senate File 2300
On motion of Senator Neuhauser, Senate File 2300, a bill for an act
relating to the willful destruction of E911 addressing signs and
providing a penalty, was taken up for consideration.
Senator Fink offered amendment S-5134 filed by him on February 27,
1996, to page 1 of the bill and moved its adoption.
Amendment S-5134 was adopted by a voice vote.
Senator Neuhauser 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. 2300) the vote was:
Ayes, 49:
Banks 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, 1:
Bartz
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2287
On motion of Senator Fink, Senate File 2287, a bill for an act
relating to the limitations on the use of toxic materials in packaging
and providing additional exemptions, was taken up for consideration.
Senator Fink offered amendment S-5182 filed by him from the floor
to page 2 of the bill and moved its adoption.
Amendment S-5182 was adopted by a voice vote.
Senator Fink 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. 2287) 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 Files
2101, 2259, 2260, 2270, 2282, 2283, 2287 and 2300 be immediately
messaged to the House.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2303
On motion of Senator Vilsack, Senate File 2303, a bill for an act
relating to the medical assistance program including provisions relating
to personal liability of personal representatives of medical assistance
recipients, nursing facility fines, and transfers of assets, was taken
up for consideration.
Senator Vilsack 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. 2303) 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 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.
Absent or not voting, 1:
Hansen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2305
On motion of Senator Neuhauser, Senate File 2305, a bill for an act
relating to purchase money mortgages and providing a retroactive
applicability provision, was taken up for consideration.
Senator Neuhauser 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. 2305) the vote was:
Ayes, 49:
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, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2230
On motion of Senator Flynn, Senate File 2230, a bill for an act
relating to definitions, reporting, and remittance guidelines concerning
the disposition of unclaimed property, with report of committee
recommending passage, was taken up for consideration.
Senator Flynn 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. 2230) the vote was:
Ayes, 49:
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, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2321
On motion of Senator Szymoniak, Senate File 2321, a bill for an act
relating to the nonconfidentiality of information regarding the
qualifications of interpreters for the deaf services division of the
department of human rights, was taken up for consideration.
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? (S.F. 2321) 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.
Senate File 2329
On motion of Senator Hammond, Senate File 2329, a bill for an act
directing the state board of education to adopt rules relating to school
nurses, was taken up for consideration.
President pro tempore Bisignano took the chair at 10:30 a.m.
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? (S.F. 2329) the vote was:
Ayes, 42:
Bartz Bennett Bisignano Black
Boswell Connolly Dearden Deluhery
Drake Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Jensen Judge Kibbie
Kramer Lind Lundby Maddox
McKean Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 8:
Banks Boettger Borlaug Douglas
Freeman Hedge Iverson McLaren
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2341
On motion of Senator Dvorsky, Senate File 2341, a bill for an act
relating to the components of the unemployment insurance system
concerning the job service advisory council, voluntary income tax
withholding from unemployment benefits, relieving certain employers from
certain unemployment insurance charges, collection of unemployment
compensation benefits through misrepresentation, definitions of
employment and wages for members of limited liability companies, and
unemployment insurance tax liability for corporate officers, and
providing an effective and applicability date, was taken up for
consideration.
Senator Dearden asked and received unanimous consent that action on
Senate File 2341 be deferred.
Senate File 2182
On motion of Senator Sorensen, Senate File 2182, a bill for an act
concerning employment rights of fire fighters under civil service who
are elected as officers in certain professional fire fighter
organizations, and providing an effective date, with report of committee
recommending amendment and passage, was taken up for consideration.
Senator Rittmer offered amendment S-5141 filed by the committee on
Local Government on February 28, 1996, to page 1 of the bill and moved
its adoption.
Amendment S-5141 was adopted by a voice vote.
Senator Sorensen 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. 2182) the vote was:
Ayes, 49:
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, 1:
58th Day TUESDAY, MARCH 5, 1996 615
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2307
On motion of Senator Szymoniak, Senate File 2307, a bill for an act
relating to programs available to persons with disabilities which are
administered by the department of human services, with report of
committee recommending passage, was taken up for consideration.
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? (S.F. 2307) 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 McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Maddox
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 Files
2182, 2230, 2303, 2305, 2307, 2321 and 2329 be immediately messaged to
the House.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2350
On motion of Senator Dvorsky, Senate File 2350, a bill for an act
concerning eligibility for unemployment compensation benefits by
providing that an individual is not disqualified for benefits for
participating in a self-employment assistance program, was taken up for
consideration.
Senator Dvorsky asked and received unanimous consent that action on
Senate File 2350 be deferred.
ADOPTION OF RESOLUTIONS
(Regular Calendar)
Senate Concurrent Resolution 107
On motion of Senator Kibbie, Senate Concurrent Resolution 107, a
concurrent resolution urging the United States Congress to authorize
construction of the Lewis and Clark rural water system, with report of
committee recommending passage, was taken up for consideration.
Senator Kibbie moved the adoption of Senate Concurrent Resolution
107, which motion prevailed by a voice vote.
Senate Concurrent Resolution 109
On motion of Senator Szymoniak, Senate Concurrent Resolution 109, a
concurrent resolution urging the United States Congress to amend
relevant law to facilitate the development and approval of new drugs and
biologics, with report of committee recommending passage, was taken up
for consideration.
Senator Szymoniak moved the adoption of Senate Concurrent
Resolution 109, which motion prevailed by a voice vote.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Files 2363 and 2367.
Senate File 2363
On motion of Senator Flynn, Senate File 2363, a bill for an act
relating to entities and subject matter under the regulatory authority
of the securities bureau of the division of insurance, was taken up for
consideration.
Senator Flynn 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. 2363) 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.
Senate File 2367
On motion of Senator Gronstal, Senate File 2367, a bill for an act
providing for the payment of outdated invoices by the agency to which
the goods or services were provided, and by the department of revenue
and finance, and providing an effective date, was taken up for
consideration.
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? (S.F. 2367) 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.
Senate File 2331
On motion of Senator Redfern, Senate File 2331, a bill for an act
prohibiting false representations in writing to employers or potential
employers relating to academic degrees or performance and providing a
penalty, was taken up for consideration.
Senator Redfern offered amendment S-5187 filed by him from the
floor to strike everything after the enacting clause and to the title
page of the bill and moved its adoption.
Amendment S-5187 was adopted by a voice vote.
Senator Redfern 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. 2331) 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
Concurrent Resolutions 107 and 109 and Senate Files 2331, 2363 and 2367
be immediately messaged to the House.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2114
On motion of Senator Fraise, Senate File 2114, a bill for an act
relating to the amount of prison time served by persons convicted of an
aggravated misdemeanor or greater offense, by providing for changes in
the mandatory minimum terms of sentences to be served, providing for a
reduction in the amount of good and honor time that may be earned by
forcible felons, providing for a legislative interim and a departmental
study, and making other related changes, was taken up for consideration.
Senator Vilsack offered amendment S-5088 filed by Senators
Bisignano and Vilsack on February 20, 1996, to pages 3, 4 and the title
page of the bill and moved its adoption.
Amendment S-5088 was adopted by a voice vote.
Senator Vilsack offered amendment S-5114 filed by Senator Bisignano
on February 22, 1996, to page 4 of the bill and moved its adoption.
Amendment S-5114 was adopted by a voice vote.
Senator McKean asked and received unanimous consent that action on
Senate File 2114 be deferred.
Senate File 2211
On motion of Senator Halvorson, Senate File 2211, a bill for an act
relating to fingerprinting requirements for certain public offenses, was
taken up for consideration.
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. 2211) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
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, 1:
Drake
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2252
On motion of Senator Redfern, Senate File 2252, a bill for an act
relating to the number and apportionment of district associate judges,
was taken up for consideration.
Senator Redfern offered amendment S-5189 filed by him from the
floor to page 1 and the title page of the bill and moved its adoption.
Amendment S-5189 was adopted by a voice vote.
Senator Redfern 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. 2252) 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.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
2211 and 2252 be immediately messaged to the House.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate Files
2382, 2415 and 2427 be referred from the Regular Calendar to the
committee on Appropriations.
Senator Horn asked and received unanimous consent that Senate Files
2412, 2424, 2425, 2426, 2429, 2432 and 2434 be referred from the Regular
Calendar to the committee on Ways and Means.
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 March 5, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 2229, a bill for an act relating to unemployment
insurance benefits by providing for employer contributions and liability
for benefits regarding successor employers.
This bill was read first time and passed on file.
House File 2247, a bill for an act relating to permissible fees
and commission to be paid to certified public accountants and accounting
practitioners.
This bill was read first time and passed on file.
House File 2363, a bill for an act authorizing a foreign mutual
insurance company or a foreign health service corporation to reorganize
by forming an insurance holding company, and providing that a mutual
insurance holding company shall at all times own a majority of the
voting shares of the capital stock of a reorganized domestic or foreign
insurance company.
This bill was read first time and passed on file.
RECESS
On motion of Senator Horn, the Senate recessed at 11:37 a.m., until
1:30 p.m.
APPENDIX
PRESENTATION OF VISITORS
Senator Bisignano introduced Oleg L. Shchecka and Michael M.
Yukachev from Nakhodka, Russia, who were present in the Senate chamber.
Both guests are officers in the Administrative Committee of the Nakhodka
Free Economic Zone.
The Chair welcomed the Honorable Robert D. Fulton of Waterloo,
former lieutenant governor and governor of Iowa, who was present in the
Senate chamber.
The Chair welcomed the following visitors were present in the
Senate gallery:
Forty-five eighth grade students from Dallas Center-Grimes
Community School District, Grimes, accompanied by Mr. Bill Wineland.
Senator Maddox.
COMPANION AND SIMILAR BILLS
House files were attached to companion or similar Senate files on
the senate calendar as follows:
H.F. 2140 companion S.F. 2173 3-4-96
H.F. 2229 companion S.F. 2247 3-5-96
H.F. 2247 companion S.F. 2099 3-5-96
H.F. 2303 companion S.F. 2139 3-4-96
H.F. 2363 companion S.F. 2371 3-5-96
H.F. 2400 similar S.F. 2170 3-4-96
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Jillian Anderson, Newton - For receiving first place in the Women
in Science and Engineering Award in the 12th Annual Write Women Back
Into History essay contest. Senator Black (3-5-96).
Rachael Revell, Newton - For receiving second place in the Women
in Science and Engineering Award in the 12th Annual Write Women Back
Into History essay contest. Senator Black (3-5-96).
AMENDMENTS FILED
S-5169 S.F. 2220 Stewart Iverson, Jr.
S-5170 S.F. 2268 Eugene Fraise
S-5171 S.F. 2036 Mike Connolly
S-5172 S.F. 2260 Eugene Fraise
S-5173 S.F. 2406 Mike Connolly
S-5174 S.F. 2403 John P. Kibbie
S-5175 S.F. 2298 Tom Vilsack
S-5176 S.F. 2220 Patty Judge
S-5177 S.F. 2343 Derryl McLaren
Randal J. Giannetto
S-5178 S.F. 2343 Berl E. Priebe
S-5179 S.F. 2286 Berl E. Priebe
S-5180 S.F. 2220 Bill Fink
S-5181 S.F. 2017 Bill Fink
JoAnn Douglas
Richard F. Drake
S-5182 S.F. 2287 Bill Fink
S-5183 S.F. 2370 Patrick J. Deluhery
Mary Lundby
Michael E. Gronstal
S-5184 S.F. 2343 Merlin E. Bartz
Randal J. Giannetto
Wayne Bennett
S-5185 S.F. 2347 Dennis Black
S-5186 S.F. 2108 Bill Fink
S-5187 S.F. 2331 Donald B. Redfern
S-5188 S.F. 2037 Derryl McLaren
Brad Banks
S-5189 S.F. 2252 Donald B. Redfern
S-5190 S.F. 2380 Merlin E. Bartz
S-5191 S.F. 2410 Elaine Szymoniak
S-5192 S.F. 2114 Maggie Tinsman
Andy McKean
Randal J. Giannetto
Eugerne S. Fraise
Tom Vilsack
S-5193 S.F. 2265 Merlin E. Bartz
AFTERNOON SESSION
The Senate reconvened at 1:34 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 48 present, 2 absent and a quorum present.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2256
On motion of Senator Maddox, Senate File 2256, a bill for an act
relating to possession or control of alcohol by persons aged eighteen,
nineteen, and twenty, and providing a penalty, was taken up for
consideration.
Senator Maddox 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. 2256) the vote was:
Ayes, 47:
Banks Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
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, 2:
Dvorsky Fink
Absent or not voting, 1:
Bartz
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2164
On motion of Senator Bisignano, Senate File 2164, a bill for an act
relating to unlawful military or training activity, including the
possession of certain real or simulated explosive or incendiary devices,
and establishing or making penalties applicable, was taken up for
consideration.
Senator Giannetto asked and received unanimous consent that action
on Senate File 2164 be deferred.
Senate File 2208
On motion of Senator Bisignano, Senate File 2208, a bill for an act
relating to persons required to register with the sex offender registry
and providing a penalty, was taken up for consideration.
Senator Bisignano 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. 2208) the vote was:
Ayes, 48:
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 Tinsman Vilsack Zieman
Nays, 1:
Szymoniak
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.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
2208 and 2256 be immediately messaged to the House.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2269
On motion of Senator Szymoniak, Senate File 2269, a bill for an act
enhancing the penalties for a third or subsequent offense of domestic
abuse assault, was taken up for consideration.
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? (S.F. 2269) 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.
Senate File 2289
On motion of Senator Halvorson, Senate File 2289, a bill for an
act relating to the department of corrections, including operating while
intoxicated violator facilities, inmate hard labor, reimbursement by
parole violators, tort claims protection for certain persons, and inmate
accounts, was taken up for consideration.
Senator Giannetto offered amendment S-5126 filed by him on February
26, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5126 was adopted by a voice vote.
Senator Hansen offered amendment S-5131 filed by him on February
27, 1996, to page 3 and the title page of the bill.
Senator Hansen asked and received unanimous consent that action on
amendment S-5131 and Senate File 2289 be deferred.
Senate File 2291
On motion of Senator McKean, Senate File 2291, a bill for an act
eliminating the restitution limit for the offense of operating while
intoxicated, was taken up for consideration.
Senator McKean 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. 2291) 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.
Senate File 2299
On motion of Senator Fraise, Senate File 2299, a bill for an act
relating to reserve peace officers obtaining professional permits to
carry weapons and carrying weapons, was taken up for consideration.
Senator Fraise offered amendment S-5145 filed by him on February
28, 1996, to page 1 and the title page of the bill and moved its
adoption.
Amendment S-5145 was adopted by a voice vote.
Senator Fraise 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. 2299) 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 March 4, 1996)
Senate File 2037
The Senate resumed consideration of Senate File 2037, a bill for an
act relating to animal feeding operations by providing for county zoning
of certain operations, and imposing requirements relating to
construction permits, and amendment S-5097, deferred March 4, 1996.
Senator McLaren asked and received unanimous consent to withdraw
amendment S-5167 filed by Senators McLaren and Banks on March 4, 1996,
to strike everything after the enacting clause of the bill.
Senator Iverson asked and received unanimous consent that action on
amendment S-5168 filed by him on March 4, 1996, to strike everything
after the enacting clause and to the title page of the bill be deferred.
Senator McLaren offered amendment S-5188 filed by Senators McLaren
and Banks from the floor to strike everything after the enacting clause
of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5188 be adopted? (S.F. 2037) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 21:
Banks Bennett Black Boettger
Borlaug Douglas Freeman Hedge
Iverson Jensen Kramer Lind
Lundby Maddox McLaren Redfern
Rensink Rife Rittmer Tinsman
Zieman
Nays, 27:
Bartz Boswell Connolly Dearden
Deluhery Drake Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
McKean Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Absent or not voting, 2:
Bisignano Murphy
Amendment S-5188 lost.
Senator Kibbie asked and received unanimous consent that action on
amendment S-5097 by the committee on Natural Resources, continue to be
deferred.
The Senate resumed consideration of amendment S-5168 by Senator
Iverson to strike everything after the enacting clause and to the title
page of the bill, previously deferred.
Senator Freeman offered amendment S-5196 filed by her from the
floor to amendment S-5168 and moved its adoption.
Amendment S-5196 was adopted by a voice vote.
Senator Kibbie raised the point of order that amendment S-5168 as
amended was not germane to the bill.
The Chair ruled the point well taken and amendment S-5168 as
amended out of order.
Senator Lundby offered amendment S-5204 filed by her from the floor
to strike everything after the enacting clause of the bill.
Senator Kibbie raised the point of order that amendment S-5204 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5204 out of
order.
Senator Lind offered amendment S-5207 filed by him from the floor
to strike everything after the enacting clause of the bill, moved its
adoption and requested a record roll call.
On the question Shall amendment S-5207 be adopted? (S.F. 2037) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 6:
Bennett Freeman Hedge Kramer
Lind Priebe
Nays, 44:
Banks Bartz Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Iverson Jensen Judge Kibbie
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Amendment S-5207 lost.
Senator Bartz offered amendment S-5162 filed by him on March 4,
1996, to page 1 of the bill, moved its adoption and requested a record
roll call.
On the question Shall amendment S-5162 be adopted? (S.F. 2037) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 26:
Banks Bartz Bennett Black
Boettger Borlaug Douglas Drake
Freeman Giannetto Hedge Iverson
Jensen Kramer Lind Lundby
Maddox McKean McLaren Priebe
Redfern Rensink Rife Rittmer
Tinsman Zieman
Nays, 24:
Bisignano Boswell Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Gettings Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Murphy Neuhauser
Palmer Sorensen Szymoniak Vilsack
Amendment S-5162 was adopted.
With the adoption of amendment S-5162, the Chair ruled the
following amendments out of order:
S-5097 by the committee on Natural Resources to page 1 of the bill,
previously deferred.
S-5201 filed by Senators Fraise, et al., from the floor to page 1
and the title page of the bill.
S-5206 filed by Senator Banks from the floor to amendment S-5201.
S-5208 filed by Senator Halvorson from the floor to amendment
S-5201.
Senator Banks offered amendment S-5195 filed by him from the floor
to page 1 of the bill and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5195 be adopted? (S.F. 2037) the
vote was:
Ayes, 22:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Halvorson Hedge Husak Iverson
Jensen Kramer Lind McLaren
Murphy Neuhauser Redfern Rensink
Rife Tinsman
Nays, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Hammond Hansen Horn
Judge Kibbie Lundby Maddox
McKean Palmer Priebe Rittmer
Sorensen Szymoniak Vilsack Zieman
Amendment S-5195 lost.
Senator Kibbie withdrew amendment S-5197 filed by him from the
floor to page 2 of the bill.
Senator Kibbie offered amendment S-5203 filed by him from the floor
to page 2 of the bill.
Senator Kibbie asked and received unanimous consent that action on
amendment S-5203 and Senate File 2037 be deferred.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2302
On motion of Senator Giannetto, Senate File 2302, a bill for an act
to provide for the six-year revocation of licenses for persons who
unintentionally cause the death of another while driving recklessly or
eluding a police officer, was taken up for consideration.
Senator Giannetto 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. 2302) the vote was:
Ayes, 45:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 1:
Banks
Absent or not voting, 4:
Borlaug Husak Iverson Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2352
On motion of Senator Fraise, Senate File 2352, a bill for an act
providing that the sheriff may charge for room and board provided to
county prisoners and providing for the creation and filing of a room and
board reimbursement lien, was taken up for consideration.
Senator Fraise 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. 2352) the vote was:
Ayes, 43:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Deluhery Douglas Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 7:
58th Day TUESDAY, MARCH 5, 1996 637
Dearden Drake Dvorsky Hammond
Murphy Neuhauser Palmer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2354
On motion of Senator Bisignano, Senate File 2354, a bill for an act
relating to invasion of privacy of a minor and establishing a penalty,
was taken up for consideration.
Senator Bisignano 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. 2354) 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 Files
2269, 2291, 2299, 2302, 2352 and 2354 be immediately messaged to the
House.
BUSINESS PENDING
Senate File 2114
The Senate resumed consideration of Senate File 2114, a bill for an
act relating to the amount of prison time served by persons convicted of
an aggravated misdemeanor or greater offense, by providing for changes
in the mandatory minimum terms of sentences to be served, providing for
a reduction in the amount of good and honor time that may be earned by
forcible felons, providing for a legislative interim and a departmental
study, and making other related changes, previously deferred.
Senator Tinsman offered amendment S-5192 filed by Senators Tinsman,
et al., from the floor to pages 2 and 3 of the bill and moved its
adoption.
Amendment S-5192 was adopted by a voice vote.
Senator Fraise 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. 2114) 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.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senate File 2128
On motion of Senator Gronstal, Senate File 2128, a bill for an act
relating to the road use tax fund by allocating fines and fees for
commercial vehicle violations to the road use tax fund, appropriating
moneys to the road use tax fund from sales tax revenues, and
appropriating moneys for funding recreational trails from the general
fund of the state, with report of committee recommending passage, was
taken up for consideration.
Senator Gronstal offered amendment S-5124 filed by him on February
26, 1996, to pages 1, 2 and the title page of the bill and moved its
adoption.
Amendment S-5124 was adopted by a voice vote.
Senator Gronstal offered amendment S-5148 filed by him on February
29, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5148 was adopted by a voice vote.
Senator McLaren offered amendment S-5212 filed by Senators McLaren,
Murphy and Gronstal from the floor to page 2 of the bill and moved its
adoption.
Amendment S-5212 was adopted by a voice vote.
Senator Lind raised the point of order that with the adoption of
amendment S-5124, Senate File 2128 should be referred to the committee
on Ways and Means under Senate Rule 38.
President Boswell ruled the point well taken and Senate File 2128
was referred to the committee on Ways and Means.
The Senate stood at ease at 5:30 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 5:35 p.m., President Boswell
presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Priebe for the remainder of the day on request of Senator
Horn.
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: SENATE FILE 2128, a bill for an act relating to the
road use tax fund by allocating fines and fees for commercial vehicle
violations to the road use tax fund, appropriating moneys to the road
use tax fund from sales tax revenues, and appropriating moneys for
funding recreational trails from the general fund of the state.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Palmer, Husak, Bennett, Connolly, Drake, Hedge,
Iverson, Murphy, Neuhauser, Szymoniak and Vilsack. Nays, none. Absent or
not voting, 4: Deluhery, Freeman, McLaren and Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BUSINESS PENDING
Senate File 2128
The Senate resumed consideration of Senate File 2128, a bill for an
act relating to the road use tax fund by allocating fines and fees for
commercial vehicle violations to the road use tax fund, appropriating
moneys to the road use tax fund from sales tax revenues, and
appropriating moneys for funding recreational trails from the general
fund of the state, with report of committee on Ways and Means
recommending passage.
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? (S.F. 2128) the vote was:
Ayes, 47:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 2:
Banks Hammond
Absent or not voting, 1:
Priebe
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 Horn asked and received unanimous consent that Senate Files
2114 and 2128 be immediately messaged to the House.
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 March 5, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 2187, a bill for an act relating to the attachment of
property to a rural water district.
This bill was read first time and passed on file.
House File 2397, a bill for an act relating to linked investments
and establishing an effective date.
This bill was read first time and passed on file.
House File 2416, 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.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2438, by committee on Human Resources, a bill for an
act relating to the terminology used to describe persons with certain
mental and physical conditions.
Read first time and placed on calendar.
Senate File 2439, by committee on Judiciary, a bill for an act
relating to harboring a runaway, exempting a parent, guardian, or
custodian of a juvenile who is a chronic runaway from financial
liability for the acts of the juvenile, authorizing county runaway
treatment plans, making a penalty applicable, and making an
appropriation.
Read first time and placed on calendar.
APPENDIX
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Twenty-six fifth grade students from Westridge Elementary School,
West Des Moines, accompanied by Mrs. Jaros, Miss Allensworth, Mrs. Zaugg
and Mrs. Harris. Senator Kramer.
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Jason Anderson, Independence - For: State Tournament Wrestling
Championship qualifier, 189 lbs. Senator Murphy (3-4-96).
Michael Pentecost, Independence - For: State Champion Wrestler
First Place, 119 lbs. Senator Murphy (3-4-96).
Justin Weber, Independence - For: State Tournament Wrestling
Championship qualifier, 103 lbs. Senator Murphy (3-4-96).
Independence Mustang Wrestlers, Independence - For: Winning the
State Wrestling Championship, Class 2A. Senator Murphy (3-4-96).
James W. Boswell, Lamoni - For being awarded Reserve Champion of
Iowa on your horse Docs Hokie at the 1996 Iowa Cutting Horse Association
Awards Banquet. Senator Boswell (3-4-96).
SUBCOMMITTEE ASSIGNMENTS
Senate File 2221
WAYS AND MEANS: Deluhery, Chair; Iverson and Neuhauser
Senate File 2264
COMMUNICATIONS AND INFORMATION POLICY: Dvorsky, Chair; Flynn and Redfern
Senate File 2268
WAYS AND MEANS: Priebe, Chair; Bennett and Connolly
Senate File 2280
WAYS AND MEANS: Deluhery, Chair; Drake and Priebe
Senate File 2284
WAYS AND MEANS: Palmer, Chair; Connolly and Freeman
Senate File 2285
WAYS AND MEANS: Deluhery, Chair; Drake and Murphy
Senate File 2346
COMMUNICATIONS AND INFORMATION POLICY: Dvorsky, Chair; Deluhery and
McLaren
Senate File 2348
WAYS AND MEANS: Priebe, Chair; McLaren and Vilsack
Senate File 2357
WAYS AND MEANS: Murphy, Chair; Deluhery and Hedge
House File 2351
TRANSPORTATION: Connolly, Chair; Gettings and Rittmer
COMMITTEE REPORTS
HUMAN RESOURCES
Final Bill Action: *SENATE FILE 2438 (SSB 2327), a bill for an act
relating to the terminology used to describe persons with certain mental
and physical conditions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Hansen, Kramer,
Neuhauser, Tinsman and Vilsack. Nays, none. Absent or not voting, 2:
Bartz and Dvorksy,
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Human Resources
Committee on Senate File 2438 and they were attached to the committee
report.
JUDICIARY
Final Bill Action: *SENATE FILE 2439 (formerly Senate File 379), a bill
for an act relating to harboring a runaway, exempting a parent,
guardian, or custodian of a juvenile who is a chronic runaway from
financial liability for the acts of the juvenile, establishing
penalties, and creating a delinquent act.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Giannetto, McKean, Bartz, Bisignano, Boettger,
Drake, Hammond, Hansen, Maddox and Redfern. Nays, 3: Vilsack, Fraise and
Szymoniak. Absent or not voting, 2: Halvorson and Neuhauser.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Judiciary
Committee on Senate File 2439 and they were attached to the committee
report.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
H.F. 2187 Local Government
H.F. 2416 Appropriations
AMENDMENTS FILED
S-5194 S.F. 2104 Rod Halvorson
Jim Lind
Johnie Hammond
S-5195 S.F. 2037 Brad Banks
S-5196 S.F. 2037 Mary Lou Freeman
S-5197 S.F. 2037 John P. Kibbie
S-5198 S.F. 2343 Berl E. Priebe
S-5199 S.F. 2186 Richard F. Drake
Don Gettings
S-5200 S.F. 2220 Bill Fink
S-5201 S.F. 2037 Eugene Fraise
Bill Fink
Emil J. Husak
Patty Judge
John P. Kibbie
Mary A. Lundby
Andy McKean
John W. Jensen
Tom Flynn
Albert G. Sorensen
S-5202 S.F. 2343 Merlin E. Bartz
Wayne Bennett
S-5203 S.F. 2037 John P. Kibbie
S-5204 S.F. 2037 Mary A. Lundby
S-5205 S.F. 2343 Berl E. Priebe
Randal J. Giannetto
S-5206 S.F. 2037 Brad Banks
S-5207 S.F. 2037 Jim Lind
S-5208 S.F. 2037 Rod Halvorson
S-5209 S.F. 2333 Jim Lind
S-5210 S.F. 2344 Jim Lind
S-5211 S.F. 2341 Dick L. Dearden
S-5212 S.F. 2128 Derryl McLaren
Larry Murphy
Michael E. Gronstal
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:48 p.m., until
9:00 a.m., Wednesday, March 6, 1995.
| Previous Day: Monday, March 4 | Next Day: Wednesday, March 6 |
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? sjourn@legis.iowa.gov.
Last update: Wed Mar 20 13:30:09 CST 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0305.html
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