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FIFTY-NINTH CALENDAR DAY
THIRTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, March 6, 1996
The Senate met in regular session at 9:03 a.m., President pro
tempore Bisignano presiding.
Prayer was offered by the Reverend Richard Graves, pastor of the
St. Pauls Episcopal Church, Grinnell, Iowa.
The Journal of Tuesday, March 5, 1996, was approved.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 46 present, 4 absent and a quorum present.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that the
following bills be referred from the Regular Calendar to the committee:
S.F. 2404 State Government
S.F. 2439 Appropriations
UNFINISHED BUSINESS
(Deferred March 4, 1996)
Senate File 2343
The Senate resumed consideration of Senate File 2343, a bill for an
act relating to price discrimination in the purchase of livestock and
providing criminal penalties and civil remedies, deferred March 4, 1996.
Senator McLaren offered amendment S-5177 filed by Senators McLaren
and Giannetto on March 5, 1996, to page 1 of the bill and moved its
adoption.
Amendment S-5177 was adopted by a voice vote.
Senator Priebe withdrew amendment S-5178 filed by him on March 5,
1996, to page 1 of the bill.
Senator Priebe offered amendment S-5198 filed by him on March 5,
1996, to page 1 of the bill and moved its adoption.
Amendment S-5198 was adopted by a voice vote.
Senator Priebe offered amendment S-5205 filed by Senators Priebe
and Giannetto on March 5, 1996, to page 1 of the bill and moved its
adoption.
Amendment S-5205 was adopted by a voice vote.
Senator Bartz offered amendment S-5184 filed by Senators Bartz,
Giannetto and Bennett on March 5, 1996, to page 2 of the bill.
Senator Bartz offered amendment S-5202 filed by Senators Bartz and
Bennett on March 5, 1996, to amendment S-5184 and moved its adoption.
Amendment S-5202 was adopted by a voice vote.
Senator Bartz moved the adoption of amendment S-5184 as amended,
which motion prevailed by a voice vote.
Senator Priebe asked and received unanimous consent that action on
Senate File 2343 be deferred.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2353
On motion of Senator Deluhery, Senate File 2353, a bill for an act
relating to satellite terminals and establishing certain requirements
for such terminals of a financial institution with a principal place of
business in another state and a business location in Iowa, was taken up
for consideration.
Senator Flynn offered amendment S-5163 filed by Senators Flynn,
Deluhery and Jensen on March 4, 1996, to page 1 and the title page of
the bill and moved its adoption.
Amendment S-5163 was adopted by a voice vote.
Senator McKean offered amendment S-5159 filed by Senators McKean,
Lundby and Halvorson on March 4, 1996, to page 1 of the bill.
Senator Gronstal raised the point of order that amendment S-5159
was not germane to the bill.
The Chair ruled the point well taken and amendment S-5159 out of
order.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Kramer until she arrives on request of Senator Borlaug.
BUSINESS PENDING
Senate File 2353
The Senate resumed consideration of Senate File 2353.
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. 2353) 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 as amended was agreed to.
President Boswell took the chair at 9:51 a.m.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2153
On motion of Senator Bisignano, Senate File 2153, a bill for an act
relating to Iowa law enforcement officer certification by the Iowa law
enforcement academy, 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. 2153) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman 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, 1:
Gettings
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 2265
On motion of Senator Hammond, Senate File 2265, a bill for an act
relating to the required participation of parents of minor children in a
seminar prior to the granting of a dissolution of marriage decree and
certain contested modification of custody orders, was taken up for
consideration.
Senator Hammond offered amendment S-5160 filed by Senators Hammond
and Halvorson on March 4, 1996, to page 1 and the title page of the bill
and moved its adoption.
Amendment S-5160 was adopted by a voice vote.
With the adpotion of amendment S-5160, the Chair ruled amendment
S-5193 filed by Senator Bartz on March 5, 1996, to page 1 of the bill,
out of order.
Senator Bartz asked and received unanimous consent that action on
Senate File 2265 be deferred.
BUSINESS PENDING
Senate File 2343
The Senate resumed consideration of Senate File 2343, a bill for an
act relating to price discrimination in the purchase of livestock and
providing criminal penalties and civil remedies, previously deferred.
Senator Priebe offered amendment S-5214 filed by Senators Priebe,
Kibbie and Giannetto from the floor to page 1 of the bill.
Senator Rife asked and received unanimous consent that action on
amendment S-5214 and Senate File 2343 be deferred.
CONSIDERATION OF BILL
(Regular Calendar)
Senate File 2126
On motion of Senator Hammond, Senate File 2126, a bill for an act
providing for sex offender registry checks involving child day care,
foster care, and adoptions, with report of committee recommending
passage, was taken up for consideration.
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. 2126) 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
2353 and 2126 be immediately messaged to the House.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2178
On motion of Senator Vilsack, Senate File 2178, a bill for an act
relating to the inclusion of a performance evaluation component in
contracts providing managed care services under the medical assistance
program, was taken up for consideration.
Senator Neuhauser offered amendment S-5075 filed by her on February
15, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5075 was adopted by a voice vote.
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. 2178) 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 Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2218
On motion of Senator Szymoniak, Senate File 2218, a bill for an act
relating to the community health management system by extending the date
for implementation of phase I of the system, 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. 2218) 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 2147
On motion of Senator Dvorsky, Senate File 2147, a bill for an act
increasing the membership of the Iowa telecommunications and technology
commission, with report of committee recommending passage, was taken up
for consideration.
Senator Dvorsky 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. 2147) the vote was:
Ayes, 45:
59th Day WEDNESDAY, MARCH 6, 1996 655
Bennett Bisignano Black Boettger
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
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 5:
Banks Bartz Borlaug McKean
Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2235
On motion of Senator Dvorsky, Senate File 2235, a bill for an act
relating to the use of alternative licensing for nursing facilities and
providing for a contingent effective date, was taken up for
consideration.
Senator Dvorsky 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. 2235) 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 Judge asked and received unanimous consent that Senate
Files 2178, 2218, 2147 and 2235 be immediately messaged to the House.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2334
On motion of Senator Dvorsky, Senate File 2334, a bill for an act
relating to funding for a talented and gifted education center at the
University of Iowa and naming of that center as an international center,
was taken up for consideration.
Senator Dvorsky 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. 2334) 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 2336
On motion of Senator Black, Senate File 2336, a bill for an act
providing for the selection and tenure of the executive director of the
agricultural development authority, was taken up for consideration.
Senator Black moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2336) 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 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:
Halvorson
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2337
On motion of Senator Husak, Senate File 2337, a bill for an act
relating to receiverships regarding the administration of the assets of
grain dealers, was taken up for consideration.
Senator Husak offered amendment S-5217 filed by him from the floor
to page 1 of the bill and moved its adoption.
Amendment S-5217 was adopted by a voice vote.
Senator Husak 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. 2337) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
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 Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Fraise Szymoniak
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2338
On motion of Senator Priebe, Senate File 2338, a bill for an act
relating to Iowa-foaled horses by providing eligibility requirements for
brood mares, was taken up for consideration.
Senator Priebe offered amendment S-5218 filed by him from the floor
to page 1 of the bill and moved its adoption.
Amendment S-5218 was adopted by a voice vote.
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. 2338) the vote was:
Ayes, 43:
Banks Bartz Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Douglas Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
Iverson Jensen Judge Kibbie
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 6:
Bennett Borlaug Drake Kramer
Lind Rife
Absent or not voting, 1:
Lundby
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
2334, 2336, 2337 and 2338 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 6, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 523, a bill for an act relating to the establishment of
minimum standards for the training of telecommunicators.
This bill was read first time and passed on file.
House File 2306, a bill for an act relating to the regulation of
motorboats on certain artificial lakes, and providing an effective date.
This bill was read first time and passed on file.
House File 2390, a bill for an act providing for the branding of
livestock.
This bill was read first time and passed on file.
RECESS
On motion of Senator Horn, the Senate recessed at 11:20 a.m., until
1:30 p.m.
APPENDIX
COMMUNICATIONS RECEIVED
The following communications were received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:
February 5, 1996
DEPARTMENT OF ECONOMIC DEVELOPMENT
FY 95 Annual Report of the State Labor-Management Cooperation
Program.
INSURANCE DIVISION
Iowa Department of Commerce
1996 Annual Report to the General Assembly, pursuant to Iowa
Administrative Rule 191-73.6, concerning health purchasing cooperatives
in the state of Iowa.
IOWA DEPARTMENT OF TRANSPORTATION
1995 Annual Report of the Iowa Railway Finance Authority.
February 7, 1996
GOVERNORS ALLIANCE ON SUBSTANCE ABUSE
Iowas Drug and Violent Crime Control Strategy 1996.
February 12, 1996
IOWA DEPARTMENT OF PUBLIC HEALTH
Annual Report Submitted in Accordance with 1994 Iowa Acts, Chapter
1168.
IOWA DEPARTMENT OF PUBLIC HEALTH
Certificate of Need (CON) Program Annual Report July 1, 1994 - June
30, 1995, pursuant to Section 135.77 Code of Iowa.
Iowa Health Date Commission 1995 Annual Report pursuant to Iowa
Code Chapter 145.6 and HF 530.
Iowa Child Death Review Team 1995 Report pursuant to 76th G.A.,
Chapter 147.
February 13, 1996
DEPARTMENT OF ELDER AFFAIRS
The Fiscal Year 1995 Annual Report, pursuant with Chapter 7A.1 of
The Iowa Code (1995).
DEPARTMENT OF ECONOMIC DEVELOPMENT
House File 512, Section 1, subsection 6c, directed the Department
and the community colleges to jointly review the Iowa small business new
jobs training Act, chapter 260F.
DEPARTMENT OF HUMAN SERVICES
In accordance with Senate File 462, The Department of Human Service
submits a report from the Division of Medical Services providing
background and recommendations regarding the implementation of a program
to administratively pursue pharmacy and chase services.
DEPARTMENT OF JUSTICE
A study of Multidisciplinary Child Abuse Intervention and
Prosecution Teams, pursuant with Senate File 208 (1995), 95 Acts,
Chapter 148.
February 14, 1996
LEGISLATIVE FISCAL BUREAU and
DEPARTMENT OF MANAGEMENT
Salary Adjustment Funding For The Board of Regents, as required by
Section 12 of HF 579.
DEPARTMENT OF ELDER AFFAIRS
Pursuant to Iowa Code, chapter 17 (1991), copies of the Medicare
Partners Annual Report for FY 1995.
February 19, 1996
DEPARTMENT OF ECONOMIC DEVELOPMENT
FY 95 Annual Report of the Business Interpreters Services Program.
February 20, 1996
IOWA DEPARTMENT OF PUBLIC SAFETY
1994 Rate Comparisons. Iowa, Regional, and National crime rate
comparisons.
February 28, 1996
IOWA DEPARTMENT OF TRANSPORTATION
The second annual recalculation of county needs as required by Code
Chapter 307A.2(14A).
February 26, 1996
UNITED WAY of Central Iowa
A copy of the proposed SSA 11 Substate Plan.
February 27, 1996
LEGISLATIVE SERVICE BUREAU
Final Report - Blueprint For Iowas Young Children Study Committee.
Final Report - One-Call Statewide Underground Facility Notification
Study Committee.
Final Report - Public Retirement Systems Committee.
1995 Annual Report - Iowa Advisory Commission on Intergovernmental
Relations.
Final Report - Alternative Energy Production Study Committee.
Final Report - Housing Development Study Committee.
Final Report - Business Taxation Study Committee.
Final Report - Nonbusiness Taxation Study Committee.
CAPITOL PLANNING COMMISSION
Annual Report.
March 1, 1996
DEPARTMENT OF HUMAN SERVICES
Pursuant to Chapter 147, Section 5, subsection 8, copies of the
Child Abuse Assessment Pilot Projects.
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES
Convened: March 5, 1996, 8:00 a.m.
Members Present: Black, Chair; Priebe, Vice Chair; Banks, Ranking
Member; Bennett and Gettings.
Members Absent: none.
Committee Business: Decision making on general fund appropriations.
Adjourned: 9:15 a.m.
WAYS AND MEANS
Convened: March 5, 1996, 11:45 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: none.
Committee Busines: Substituted Senate File 2129 for Senate File 209, and
amended and approved Senate File 2129 as a committee bill.
Adjourned: 11:54 a.m.
WAYS AND MEANS
Convened: March 5, 1996, 5:33 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Drake, Hedge, Iverson, Murphy, Neuhauser, Szymoniak
and Vilsack.
Members Absent: Deluhery, Freeman, McLaren and Priebe (all excused).
Committee Business: Recommended passage of Senate File 2128.
Adjourned: 5:34 p.m.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Forty-four sixth grade students from Guthrie Center Elementary
School, Guthrie Center, accompanied by Karen Benton, Nancy Beck and
Randy Mohning. Senator Douglas.
Forty-five eighth grade students from Dallas Center-Grimes
Community School District, Grimes, accompanied by Bill Wineland. Senator
Maddox.
EXPLANATION OF VOTE
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
March 5, 1996, when the vote was taken on Senate File 2303. Had I been
present, I would have voted aye.
STEVEN D. HANSENM
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which Senate File
2153 passed the Senate on March 6, 1996.
RANDAL J. GIANNETTOM
CERTIFICATE OF RECOGNITION
The secretary of the senate issued the following certificate of
recognition:
Amanda Jo Miller, Red Oak - For receiving first place (6th and 7th
grades) in the statewide 12th annual Write Women Back Into History essay
contest. Senator McLaren (3-6-96).
SUBCOMMITTEE ASSIGNMENTS
Senate File 2276
APPROPRIATIONS: Murphy, Chair; Kibbie and Kramer
Senate File 2286
APPROPRIATIONS: Murphy, Chair; Banks and Black
Senate File 2317
LOCAL GOVERNMENT: Sorensen, Chair; Fraise and Rittmer
Senate File 2325
APPROPRIATIONS: Black, Chair; Banks and Murphy
Senate File 2358
APPROPRIATIONS: Murphy, Chair; Gronstal and Iverson
Senate File 2378
APPROPRIATIONS: Murphy, Chair; Fraise and Iverson
House File 2009
LOCAL GOVERNMENT: Halvorson, Chair; Fink and McKean
House File 2259
LOCAL GOVERNMENT: Sorensen, Chair; Judge and Maddox
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: SENATE FILE 2440 (formerly Senate File 2129), a bill
for an act relating to bond issuance elections and authorizing a
political subdivision to impose a local tax, in addition to property
taxes, to partially fund certain bonds, providing a property tax credit,
and providing for the Acts applicability.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Palmer, Bennett, Connolly, Deluhery, Murphy,
Neuhauser, Szymoniak and Vilsack. Nays, 7: Husak, Drake, Freeman, Hedge,
Iverson, McLaren and Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5213 S.F. 2369 John P. Kibbie
S-5214 S.F. 2343 Berl E. Priebe
John P. Kibbie
Randal J. Giannetto
S-5215 S.F. 2153 Randal J. Giannetto
S-5216 S.F. 2362 Michael E. Gronstal
JoAnn Douglas
S-5217 S.F. 2337 Emil J. Husak
S-5218 S.F. 2338 Berl E. Priebe
S-5219 S.F. 2324 Stewart Iverson, Jr.
S-5220 S.F. 2170 Nancy Boettger
AFTERNOON SESSION
The Senate reconvened at 1:43 p.m., President pro tempore Bisignano
presiding.
INTRODUCTION OF BILL
Senate File 2440, by committee on Ways and Means, a bill for an
act relating to bond issuance elections and authorizing a political
subdivision to impose a local tax, in addition to property taxes, to
partially fund certain bonds, providing a property tax credit, and
providing for the Acts applicability.
Read first time and placed on Ways and Means Calendar.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 41 present, 9 absent and a quorum present.
President Boswell took the chair at 1:50 p.m.
UNFINISHED BUSINESS
(Deferred March 5, 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-5203, deferred March 5, 1996.
(Action on Senate File 2037 was temporarily deferred.)
The Senate stood at ease at 1:55 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 2:26 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 46 present, 4 absent and a quorum present.
BUSINESS PENDING
Sente File 2037
The Senate resumed consideration of Senate File 2037 and amendment
S-5203, previously deferred.
Senator Kibbie moved the adoption of amendment S-5203 to page 2 of
the bill, which motion prevailed by a voice vote.
Senator Priebe offered amendment S-5222 filed by Senators Priebe,
Iverson and Giannetto from the floor to page 1 of the bill.
Senator McLaren raised the point of order that amendment S-5222 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5222 out of
order.
Senator Fraise offered amendment S-5223 filed by Senators Fraise,
et al., from the floor to page 1 and the title page of the bill.
Senator Lind raised the point of order that amendment S-5223 was
not germane to the bill.
The Chair ruled the point not well taken and amendment S-5223 in
order.
The Senate stood at ease at 3:05 p.m. until the fall of the gavel
for preparation of an amendment.
The Senate resumed session at 3:11 p.m., President Boswell
presiding.
Senator McKean offered amendment S-5230 filed by Senators McKean
and Bartz from the floor to amendment 5223 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5230 to amendment S-5223 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:
Bartz Bennett Boettger Borlaug
Douglas Drake Freeman Gronstal
Hedge Iverson Jensen Kramer
Lind McKean McLaren Redfern
Rensink Rife Rittmer Tinsman
Zieman
Nays, 28:
Banks Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Lundby
Maddox Murphy Neuhauser Palmer
Priebe Sorensen Szymoniak Vilsack
Absent or not voting, 1:
Bisignano
Amendment S-5230 lost.
Senator Fraise moved the adoption of amendment S-5223.
A record roll call was requested.
On the question Shall amendment S-5223 be adopted? (S.F. 2037) the
vote was:
Ayes, 26:
Bisignano Boswell Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Gettings Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Lundby McKean
Murphy Neuhauser Palmer Sorensen
Szymoniak Vilsack
Nays, 24:
Banks Bartz Bennett Black
Boettger Borlaug Douglas Drake
Freeman Giannetto Hedge Iverson
Jensen Kramer Lind Maddox
McLaren Priebe Redfern Rensink
Rife Rittmer Tinsman Zieman
Amendment S-5223 was adopted.
Senator Iverson filed the following motion to reconsider from the
floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-5203 to Senate File 2037 was adopted by the Senate on March 6, 1996.
The motion lost by a voice vote.
The Chair ruled amendment S-5228 filed by Senators Iverson and
Husak from the floor to pages 1-4 of the bill, out of order.
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. 2037) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 27:
Bartz Boswell Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Lundby
McKean Murphy Neuhauser Palmer
Priebe Sorensen Szymoniak
Nays, 23:
Banks Bennett Bisignano Black
Boettger Borlaug Douglas Drake
Freeman Hedge Iverson Jensen
Kramer Lind Maddox McLaren
Redfern Rensink Rife Rittmer
Tinsman Vilsack Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2037 be immediately messaged to the House.
BUSINESS PENDING
Senate File 2343
The Senate resumed consideration of Senate File 2343, a bill for an
act relating to price discrimination in the purchase of livestock and
providing criminal penalties and civil remedies, and amendment S-5214 by
Senators Priebe, Kibbie and Giannetto to page 1 of the bill, previously
deferred.
Senator Priebe moved the adoption of amendment S-5214, which motion
prevailed by a voice vote.
Senator Giannetto offered amendment S-5231 filed by Senators
Giannetto and Bartz from the floor to page 1 of the bill and moved its
adoption.
Amendment S-5231 was adopted by a voice vote.
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. 2343) the vote was:
Ayes, 48:
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, 1:
Banks
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.
Senator Horn asked and received unanimous consent that Senate File
2343 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 6, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 2387, a bill for an act relating to the office of
secretary of state and the conduct of elections and voter registration
in the state and relating to corrective and technical changes to Iowas
election laws, and providing an effective date.
This bill was read first time and passed on file.
House File 2408, a bill for an act concerning mining by applying
the criterion for the reclamation of mine sites, by redefining operator
and mining operations, by amending the hearing procedures, by providing
for administrative actions and the assessments of penalties by the
division of soil conservation for noncompliance, and establishing
additional penalties.
This bill was read first time and passed on file.
INTRODUCTION OF RESOLUTION
Senate Resolution 104, by Black, Boswell, Fink, and McLaren, a
resolution urging the United States government to reassess its policy
relating to the dispute between the Peoples Republic of China (mainland
communist China) and the Republic of China (ROC) on Taiwan.
Read first time and passed on file.
INTRODUCTION OF BILL
Senate File 2441, by Iverson, a bill for an act exempting from
state sales tax machinery and equipment directly and primarily used for
the maintenance of quality or integrity of various animal biological
products or animal drugs, and exempting the electricity to power such
machinery and equipment.
Read first time and passed on file.
APPENDIX
STUDY BILLS RECEIVED
SSB 2332
Appropriations
Relating to the international marketing unit of the agricultural
marketing division and providing an effective date.
SSB 2333
Human Resources
A Senate resolution requesting a review of the legislative rules
comprising the legislative session timetable for requesting, considering
and debating bills and resolutions.
SSB 2334
Appropriations
Relating to and making appropriations to the department of general
services for the fiscal year beginning July 1, 1995, and providing an
effective date.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2266
WAYS AND MEANS: Neuhauser, Chair; McLaren and Szymoniak
Senate File 2304
WAYS AND MEANS: Szymoniak, Chair; Freeman and Neuhauser
Senate File 2324
WAYS AND MEANS: Szymoniak, Chair; Freeman and Neuhauser
Senate File 2351
WAYS AND MEANS: Vilsack, Chair; Bennett and Palmer
Senate File 2382
APPROPRIATIONS: Murphy, Chair; Neuhauser and Tinsman
Senate File 2404
STATE GOVERNMENT: Gronstal, Chair; Drake, Giannetto, Kibbie and Rittmer
Senate File 2415
APPROPRIATIONS: Hammond, Chair; Kibbie and Kramer
Senate File 2427
APPROPRIATIONS: Murphy, Chair; Fraise and Iverson
House File 2187
LOCAL GOVERNMENT: Fraise, Chair; Fink and Zieman
House File 2366
COMMERCE: Hansen, Chair; Bartz and Gettings
House File 2416
APPROPRIATIONS: Judge, Chair; Bartz and Murphy
SSB 2332
APPROPRIATIONS: Murphy, Chair; Banks and Black
SSB 2333
HUMAN RESOURCES: Hammond, Chair; Bartz and Neuhauser
REPORTS OF STANDING COMMITTEES
(Place nominees on En Bloc Confirmation Calendar)
COMMUNICATIONS AND INFORMATION POLICY
Pursuant to Senate Rule 59, the committee on Communications and
Information Policy assigned to investigate the following governors
appointments, completed its investigations on March 6, 1996, and
recommended the appointees be confirmed:
Mary A. Nelson as a member and Richard H. Opie as a member and
Chair of the Iowa Telecommunications and Technology Commission.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Twenty-three fifth grade students from Westridge Elementary School,
West Des Moines, accompanied by Mrs. Lake. Senator Kramer.
SIMILAR BILL RECEIVED
On March 6, 1996, House File 2390 was received and attached to
similar Senate File 2184 on the senate calendar.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2441 Ways and Means
H.F. 523 Judiciary
H.F. 2306 Natural Res., Environ. & Energy
H.F. 2387 State Government
H.F. 2397 Commerce
H.F. 2408 Natural Res., Environ. & Energy
COMMITTEE REPORTS
COMMERCE
Final Bill Action: HOUSE FILE 2230, a bill for an act relating to the
duties of the department of inspections and appeals concerning liens on
improper provider payments from the department of human services, the
administration of certain health care statutes, and the conducting of
audits.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Deluhery, Hansen, Jensen, Bartz, Bisignano,
Douglas, Freeman, Gettings, Gronstal, Hedge, Husak, Priebe and Redfern.
Nays, none. Absent or not voting, 2: Flynn and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2036, a bill for an act relating to
certain telephone companies and permitting their reorganization as
cooperative associations.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Deluhery, Hansen, Jensen, Douglas, Freeman,
Gettings, Gronstal, Hedge, Husak, Priebe and Redfern. Nays, none. Absent
or not voting, 4: Bartz, Bisignano, Flynn and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5221 S.F. 2289 Johnie Hammond
S-5222 S.F. 2037 Berl E. Priebe
Stewart Iverson, Jr.
Randal J. Giannetto
S-5223 S.F. 2037 Eugene Fraise
John P. Kibbie
Patty Judge
Andy McKean
Mary A. Lundby
Rod Halvorson
Tom Flynn
Albert Sorensen
S-5224 S.F. 2400 Andy McKean
S-5225 S.F. 2164 Randal J. Giannetto
S-5226 S.F. 2164 Randal J. Giannetto
S-5227 S.F. 2131 Eugene Fraise
S-5228 S.F. 2037 Stewart Iverson
Emil J. Husak
S-5229 S.F. 2268 O. Gene Maddox
Albert G. Sorensen
S-5230 S.F. 2037 Andy McKean
Merlin E. Bartz
S-5231 S.F. 2343 Randal J. Giannetto
Merlin E. Bartz
S-5232 S.F. 2220 Mary Lou Freeman
S-5233 S.F. 2422 Steven D. Hansen
S-5234 S.F. 2186 Eugene Fraise
S-5235 S.F. 2424 Elaine Szymoniak
S-5236 S.F. 2341 Tom Vilsack
S-5237 S.F. 2220 Randal J. Giannetto
S-5238 S.F. 2220 Stewart Iverson
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 4:33 p.m., until
9:00 a.m., Thursday, March 7, 1995.
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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
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Last update: Thu Mar 7 13:25:12 CST 1996
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