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SEVENTY-FIRST CALENDAR DAY
FORTY-FIRST SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, March 18, 1996
The Senate met in regular session at 1:45 p.m., President Boswell
presiding.
Prayer was offered by the Reverend Robert Sauser, pastor of the
First Baptist Church, Creston, Iowa.
The Journal of Thursday, March 14, 1996, was approved.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on March 14, 1996, passed the following bill in which the
concurrence of the Senate is asked:
House File 2449, a bill for an act setting campaign contribution
limits by persons and political committees, addressing independent
expenditures on behalf of candidates, employee and member contributions,
making penalties applicable, and providing an effective date.
This bill was read first time and passed on file.
INTRODUCTION OF BILL
Senate File 2450, by committee on Ways and Means, a bill for an
act establishing certain registration and title plant requirements for
persons preparing abstracts of title to real property, establishing a
title plant board of examiners, providing for fees and the use of those
fees, and providing effective dates.
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 48 present, 2 absent and a quorum present.
UNFINISHED BUSINESS
(Deferred February 28, 1996)
Senate File 2012
The Senate resumed consideration of Senate File 2012, a bill for an
act relating to the conduct of raffles, deferred February 28, 1996.
Senator Bisignano offered amendment S-5366 filed by him from the
floor to strike everything after the enacting clause of the bill and
moved its adoption.
Amendment S-5366 was adopted by a voice vote.
With the adoption of amendment S-5366, the Chair ruled amendment
S-5152 filed by Senator Halvorson on February 29, 1996, to strike
everything after the enacting clause of the bill, out of order.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Deluhery until he arrives on request of Senator Horn.
BUSINESS PENDING
Senate File 2012
The Senate resumed consideration of Senate File 2012.
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. 2012) the vote was:
Ayes, 35:
Bisignano Black Boettger Borlaug
Connolly Dearden Douglas Dvorsky
Fink Flynn Fraise Gettings
Giannetto Gronstal Hammond Hansen
Horn Husak Iverson Judge
Kibbie Kramer Lind Lundby
Maddox Murphy Neuhauser Palmer
Priebe Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack
Nays, 14:
Banks Bartz Bennett Boswell
Drake Freeman Halvorson Hedge
Jensen McKean McLaren Redfern
Rensink Zieman
Absent or not voting, 1:
Deluhery
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred March 5, 1996)
Senate File 2289
The Senate resumed consideration of 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 and amendment S-5131, deferred March 5, 1996.
Senator Hammond withdrew amendment S-5221 filed by her on March 6,
1996, to page 3 of the bill.
Senator Hammond offered amendment S-5329 filed by her on March 13,
1996, to page 3 of the bill and moved its adoption.
A non record roll call was requested.
The ayes were 18, nays 28.
Amendment S-5329 lost.
Senator Hansen moved the adoption of amendment S-5131 to page 3 and
the title page of the bill, deferred on March 5, 1996, and requested a
record roll call.
On the question Shall amendment S-5131 be adopted? (S.F. 2289) the
vote was:
Ayes, 27:
Banks Bartz Bisignano Black
Borlaug Boswell Fraise Freeman
Gettings Giannetto Gronstal Hammond
Hansen Horn Husak Iverson
Judge Kibbie Lind Lundby
Murphy Palmer Priebe Rittmer
Sorensen Tinsman Vilsack
Nays, 22:
Bennett Boettger Connolly Dearden
Douglas Drake Dvorsky Fink
Flynn Halvorson Hedge Jensen
Kramer Maddox McKean McLaren
Neuhauser Redfern Rensink Rife
Szymoniak Zieman
Absent or not voting, 1:
Deluhery
Amendment S-5131 was adopted.
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. 2289) the vote was:
Ayes, 48:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden 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
Absent or not voting, 1:
Deluhery
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 12, 1996)
Senate File 2341
The Senate resumed consideration of 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, deferred March 12, 1996.
Senator Vilsack offered amendment S-5236 filed by him on March 6,
1996, to page 1 of the bill and moved its adoption.
Amendment S-5236 was adopted by a voice vote.
Senator Borlaug offered amendment S-5360 filed by him on March 14,
1996, to page 2 and the title page of the bill.
Senator Dvorsky raised the point of order that amendment S-5360 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5360 out of
order.
Senator Dearden offered amendment S-5211 filed by him on March 5,
1996, to pages 4 and 5 of the bill.
Senator Freeman raised the point of order that amendment S-5211 was
not germane to the bill.
The Chair ruled the point not well taken and amendment S-5211 in
order.
Senator Dearden moved the adoption of amendment S-5211, which
motion prevailed by a voice vote.
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. 2341) the vote was:
Ayes, 29:
Bisignano Black Boswell Connolly
Dearden Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Lind
Murphy Neuhauser Palmer Priebe
Redfern Rittmer Sorensen Szymoniak
Vilsack
Nays, 20:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lundby Maddox McKean McLaren
Rensink Rife Tinsman Zieman
Absent or not voting, 1:
Deluhery
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred March 11, 1996)
Senate File 2417
The Senate resumed consideration of Senate File 2417, a bill for an
act relating to juvenile justice including notice requirements for
juvenile court actions, custody of and access to a child designated a
child in need of assistance, and associate juvenile judge jurisdiction,
deferred March 11, 1996.
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. 2417) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden 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.
Absent or not voting, 1:
Deluhery
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred March 13, 1996)
Senate File 2406
The Senate resumed consideration of Senate File 2406, a bill for an
act relating to immunity from assault charges for the use of force by a
person to stop a fight or disturbance at a school or school function,
defining truancy as a delinquent act in certain cases and providing a
penalty, establishing a penalty for providing aid, support, or shelter
to a runaway or truant, and providing for civil penalties for truancy
and the loss of a drivers license for truancy, deferred March 13, 1996.
Senator Connolly called up the motion to reconsider the vote by
which amendment S-5173 to Senate File 2406 was adopted by the Senate on
March 13, 1996, filed by him on March 14, 1996, found on page 802 of the
Senate Journal and moved its adoption.
The motion prevailed by a voice vote and amendment S-5173 by
Senator Connolly to page 1 and the title page of the bill, was taken up
for reconsideration.
Senator Connolly withdrew amendment S-5173.
Senator Tinsman offered amendment S-5349 filed by Senators Tinsman
and Connolly on March 14, 1996, to page 3 of the bill and moved its
adoption.
Amendment S-5349 was adopted by a voice vote.
Senator Connolly offered amendment S-5347 filed by him on March 14,
1996, to the title page of the bill and moved its adoption.
Amendment S-5347 was adopted by a voice vote.
Senator Connolly 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. 2406) the vote was:
Ayes, 48:
Banks Bartz Bennett Black
Boettger Borlaug Boswell Connolly
Dearden 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.
Absent or not voting, 2:
Bisignano Deluhery
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 14, 1996)
Senate File 2324
The Senate resumed consideration of Senate File 2324, a bill for an
act relating to public assistance and certain associated state tax
provisions involving the family investment program, family development
and self-sufficiency council, individual development accounts, and
fraudulent practices involving the food stamp program, making penalties
applicable, and providing applicability provisions and effective dates,
and amendment S-5219 by Senator Iverson to page 10 of the bill, deferred
March 14, 1996.
Senator Szymoniak raised the point of order that amendment S-5219
was not germane to the bill.
The Chair ruled the point well taken and amendment S-5219 out of
order.
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. 2324) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden 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, 2:
Deluhery Maddox
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred March 14, 1996)
Senate File 2351
The Senate resumed consideration of Senate File 2351, a bill for an
act relating to department of economic development programs, including
the workforce development fund program and the Iowa small business new
jobs training Act, providing a supplemental new jobs credit from
withholding, establishing a rural microbusiness assistance program,
increasing the funds available for the value-added agricultural products
and processes program, and making an annual allocation from an
appropriation, deferred March 14, 1996.
President pro tempore Bisignano took the chair at 3:42 p.m.
Senator Vilsack offered amendment S-5361 filed by Senators Vilsack,
McLaren and Borlaug on March 14, 1996, to pages 1-4, 12 and the title
page of the bill and moved its adoption.
Amendment S-5361 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. 2351) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden 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.
Absent or not voting, 1:
Deluhery
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
2012, 2289, 2341, 2417, 2406, 2324 and 2351 be immediately messaged to
the House.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2195
On motion of Senator Dvorsky, Senate File 2195, a bill for an act
relating to the Iowa communications network by providing for state
ownership of a Part III connection and for the connection and support of
certain Part III users, making appropriations, and providing effective
dates, with report of committee on Appropriations recommending amendment
and passage on March 7, 1996, was taken up for consideration.
Senator Dvorsky offered amendment S-5248 filed by the committee on
Appropriations on March 7, 1996, to page 4 of the bill.
Senator McLaren asked and received unanimous consent that action on
amendment S-5248 and Senate File 2195 be deferred.
President Boswell took the chair at 3:50 p.m.
Senate File 2003
On motion of Senator Bisignano, Senate File 2003, a bill for an act
relating to the maximum value of a prize for jackpot bingo conducted by
certain qualified organizations, with report of committee recommending
passage, was taken up for consideration.
Senator Halvorson asked and received unanimous consent that action
on amendment S-5343 filed by him on March 13, 1996, to page 1 and the
title page of the bill be deferred.
Senator Halvorson offered amendment S-5140 filed by him on February
28, 1996, to page 1 and the title page of the bill and moved its
adoption.
Amendment S-5140 was adopted by a voice vote.
Senator Halvorson withdrew amendment S-5343, previously deferred.
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. 2003) the vote was:
Ayes, 26:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Gronstal
Halvorson Hansen Horn Husak
Judge Kibbie Kramer Lind
Murphy Palmer Priebe Szymoniak
Tinsman Vilsack
Nays, 24:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Giannetto Hammond Hedge Iverson
Jensen Lundby Maddox McKean
McLaren Neuhauser Redfern Rensink
Rife Rittmer Sorensen Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
President pro tempore Bisignano took the chair at 4:20 p.m.
Senate File 2167
On motion of Senator Szymoniak, Senate File 2167, a bill for an act
relating to prohibiting the assault of a health care provider and
providing penalties, 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. 2167) 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 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:
828 JOURNAL OF THE SENATE 71st Day
Hammond
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2217
On motion of Senator Szymoniak, Senate File 2217, a bill for an act
exempting the seller of a portable water system from the requirements
and the penalties of the consumer fraud law, 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. 2217) 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 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, 2:
Halvorson Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2278
On motion of Senator Gronstal, Senate File 2278, a bill for an act
repealing the prohibition on political activity by a member, officer, or
employee of the natural resource commission, 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. 2278) 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 2281
On motion of Senator Gronstal, Senate File 2281, a bill for an act
providing for access by the division of criminal and juvenile justice
planning of the department of human rights to confidential records held
by other state agencies, was taken up for consideration.
Senator Gronstal offered amendment S-5368 filed by him from the
floor to page 1 of the bill.
Senator Gronstal asked and received unanimous consent that action
on amendment S-5368 and Senate File 2281 be deferred.
Senate File 2348
On motion of Senator Boswell, Senate File 2348, a bill for an act
relating to agricultural limestone, and providing penalties, fees, and
an effective date, with report of committee on Ways and Means
recommending passage on March 7, 1996, was taken up for consideration.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Tinsman for the remainder of the day on request of Senator
Rife.
BUSINESS PENDING
Senate File 2348
The Senate resumed consideration of Senate File 2348.
Senator Boswell 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. 2348) 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 Rife
Rittmer Sorensen Szymoniak Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
President Boswell took the chair at 4:40 p.m.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 2335
On motion of Senator Bisignano, Senate File 2335, a bill for an act
relating to the minimum age for gambling at racetrack enclosures, and
subjecting violators to a penalty, was taken up for consideration.
Senator Bisignano offered amendment S-5364 filed by him from the
floor to page 1 of the bill.
Senator Lind raised the point of order that amendment S-5364 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5364 out of
order.
Senator Bisignano asked and received unanimous consent that action
on Senate File 2335 be deferred.
Senate File 2365
On motion of Senator Bisignano, Senate File 2365, a bill for an act
relating to state government personnel procedures including deferred
compensation, the phased retirement program, and compensation for
certain election officials, was taken up for consideration.
Senator Gronstal offered amendment S-5307 filed by him on March 12,
1996, to page 2 of the bill and moved its adoption.
Amendment S-5307 was adopted by a voice vote.
Senator Gronstal offered amendment S-5372 filed by him from the
floor to pages 2-4 and the title page of the bill and moved its
adoption.
Amendment S-5372 was adopted by a voice vote.
Senator Gronstal offered amendment S-5375 filed by him from the
floor to pages 2-4 and the title page of the bill and moved its
adoption.
Amendment S-5375 was adopted by a voice vote.
Senator Bisignano offered amendment S-5367 filed by him from the
floor to page 2 of the bill and moved its adoption.
Amendment S-5367 was adopted by a voice vote.
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. 2365) the vote was:
Ayes, 43:
Bennett Bisignano Black Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Iverson Jensen Judge Kibbie
Kramer Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Szymoniak Vilsack Zieman
Nays, 6:
Banks Bartz Hedge Rife
Rittmer Sorensen
Absent or not voting, 1:
Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senate File 2366
On motion of Senator Gronstal, Senate File 2366, a bill for an act
relating to lease-purchase agreements, was taken up for consideration.
Senator Gronstal offered amendment S-5304 filed by him on March 12,
1996, to pages 5-7 of the bill and moved its adoption.
Amendment S-5304 was adopted by a voice vote.
Senator Gronstal offered amendment S-5305 filed by him on March 12,
1996, to page 6 of the bill.
Senator Gronstal offered amendment S-5340 filed by Senators
Gronstal and Drake on March 13, 1996, to amendment S-5305 and moved its
adoption.
Amendment S-5340 was adopted by a voice vote.
Senator Gronstal moved the adoption of amendment S-5305 as amended,
which motion prevailed by a voice vote.
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. 2366) the vote was:
Ayes, 26:
Bisignano Black Boswell Connolly
Dearden Deluhery Drake Dvorsky
Flynn Fraise Gettings Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Lundby
Murphy Neuhauser Palmer Sorensen
Szymoniak Vilsack
Nays, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Fink Freeman
Giannetto Hedge Iverson Jensen
Kramer Lind Maddox McKean
McLaren Priebe Redfern Rensink
Rife Rittmer Zieman
Absent or not voting, 1:
Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2411
On motion of Senator Gronstal, Senate File 2411, a bill for an act
providing the state auditor with the right to examine documents of state
officers and departments, 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. 2411) the vote was:
Ayes, 48:
Banks Bartz Bennett 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 Vilsack Zieman
Nays, 1:
Bisignano
Absent or not voting, 1:
Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2430
On motion of Senator Bisignano, Senate File 2430, a bill for an act
requiring the juvenile court to provide certain information to a victim
of a delinquent act committed by a juvenile, 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. 2430) 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 Rife
Rittmer Sorensen Szymoniak Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred March 13, 1996)
Senate File 2085
The Senate resumed consideration of Senate File 2085, a bill for an
act relating to handicapped parking and providing a penalty, deferred
March 13, 1996.
Senator Lind offered amendment S-5382 filed by him from the floor
to pages 4, 5 and 12 of the bill and moved its adoption.
Amendment S-5382 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. 2085) 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 Rife
Rittmer Sorensen Szymoniak Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
Senate File 2195
The Senate resumed consideration of Senate File 2195, a bill for an
act relating to the Iowa communications network by providing for state
ownership of a Part III connection and for the connection and support of
certain Part III users, making appropriations, and providing effective
dates, and amendment S-5248 by the committee on Appropriations to page 4
of the bill, previously deferred.
Senator Lind asked and received unanimous consent that action on
amendment S-5248 continue to be deferred.
Senator McLaren offered amendment S-5278 filed by Senators McLaren,
Jensen and Redfern on March 11, 1996, to page 1 of the bill and moved
its adoption.
A record roll call was requested.
On the question Shall amendment S-5278 be adopted? (S.F. 2195) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 21:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hansen Hedge Iverson Jensen
Lind Maddox McKean McLaren
Redfern Rensink Rife Rittmer
Zieman
Nays, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Horn
Husak Judge Kibbie Kramer
Lundby Murphy Neuhauser Palmer
Priebe Sorensen Szymoniak Vilsack
Absent or not voting, 1:
Tinsman
Amendment S-5278 lost.
Senator McLaren asked and received unanimous consent that action on
amendment S-5264 filed by Senators McLaren and Jensen on March 11, 1996,
to pages 2 and 3 of the bill, be deferred.
Senator Dvorsky offered amendment S-5359 filed by him on March 14,
1996, to pages 2-4 of the bill.
Senator McLaren offered amendment S-5379 filed by him from the
floor to amendment S-5359 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5379 to amendment S-5359 be
adopted? (S.F. 2195) the vote was:
Ayes, 22:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Halvorson Hedge Husak Iverson
Jensen Lind Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Zieman
Nays, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Hammond Hansen Horn
Judge Kibbie Kramer Lundby
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Absent or not voting, 1:
Tinsman
Amendment S-5379 lost.
Senator McLaren offered amendment S-5377 filed by Senators McLaren,
Jensen and Redfern from the floor to amendment S-5359 and moved its
adoption.
A record roll call was requested.
On the question Shall amendment S-5377 to amendment S-5359 be
adopted? (S.F. 2195) the vote was:
Ayes, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Giannetto Hedge Husak Iverson
Jensen Lind Lundby Maddox
McKean McLaren Redfern Rensink
Rife Rittmer Zieman
Nays, 26:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Gronstal
Halvorson Hammond Hansen Horn
Judge Kibbie Kramer Murphy
Neuhauser Palmer Priebe Sorensen
Szymoniak Vilsack
Absent or not voting, 1:
Tinsman
Amendment S-5377 lost.
Senator McLaren called for a division of amendment S-5359: page 1,
lines 2-41 as division S-5359A; and page 1, lines 42-50 and page 2,
lines 1-27 as division S-5359B.
Senator Dvorsky moved the adoption of division S-5359A, which
motion prevailed by a voice vote.
Senator Dvorsky moved the adoption of division S-5359B.
A record roll call was requested.
On the question Shall division S-5359B be adopted? (S.F. 2195) the
vote was:
Ayes, 20:
Bisignano Boswell Connolly Dearden
Deluhery Dvorsky Fink Fraise
Gettings Gronstal Halvorson Hammond
Horn Judge Kibbie Lundby
Murphy Palmer Sorensen Szymoniak
Nays, 29:
Banks Bartz Bennett Black
Boettger Borlaug Douglas Drake
Flynn Freeman Giannetto Hansen
Hedge Husak Iverson Jensen
Kramer Lind Maddox McKean
McLaren Neuhauser Priebe Redfern
Rensink Rife Rittmer Vilsack
Zieman
Absent or not voting, 1:
Tinsman
Division S-5359B lost.
Senator McLaren offered amendment S-5378 filed by Senators McLaren,
Jensen and Redfern from the floor to page 4 of the bill.
Senator Dvorsky raised the point of order that amendment S-5378 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5378 out of
order.
The Senate resumed consideration of amendment S-5248 by the
committee on Appropriations to page 4 of the bill, previously deferred.
Senator Lind offered amendment S-5385 filed by him from the floor
to amendment S-5248 and moved its adoption.
Amendment S-5385 was adopted by a voice vote.
Senator Dvorsky moved the adoption of amendment S-5248 as amended.
A non record roll call was requested.
The ayes were 29, nays 16.
Amendment S-5248 as amended was adopted.
Senator McLaren asked and received unanimous consent to withdraw
amendment S-5264 by Senators McLaren and Jensen to pages 2 and 3 of the
bill, previously deferred.
Senator Bartz withdrew amendment S-5352 filed by him on March 14,
1996, to page 3 of the bill.
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. 2195) the vote was:
Ayes, 36:
Bisignano Black Boswell Connolly
Dearden Deluhery Drake Dvorsky
Fink Flynn Fraise Gettings
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Judge
Kibbie Kramer Lundby Maddox
McKean Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Vilsack Zieman
Nays, 13:
Banks Bartz Bennett Boettger
Borlaug Douglas Freeman Giannetto
Iverson Jensen Lind McLaren
Rife
Absent or not voting, 1:
Tinsman
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
2003, 2167, 2217, 2278, 2348, 2365, 2366, 2430, 2085 and 2195 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 18, 1996, passed the following bills in which the
concurrence of the Senate is asked:
House File 2362, a bill for an act relating to occupational
hearing loss, concerning the definitions, apportionment of hearing loss,
and measurement of hearing loss.
This bill was read first time and passed on file.
House File 2370, a bill for an act relating to limited liability
companies and corporations, including the period within which a limited
liability company subject to dissolution may be continued, and providing
an exemption from the real estate transfer tax for certain transfers
involving limited liability companies.
This bill was read first time and passed on file.
House File 2407, a bill for an act relating to legal publications
and related products prepared and distributed under the authority of the
general assembly.
This bill was read first time and passed on file.
House File 2413, a bill for an act relating to foreign and
domestic business corporations by amending certain reporting and filing
requirements and procedures and establishing fees.
This bill was read first time and passed on file.
House File 2419, a bill for an act relating to transportation by
granting the state department of transportation condemnation rights for
utility facility replacement, requiring sixty day property payments,
requiring certain criteria be adopted by administrative rule, modifying
certain damage disclosure statement requirements, providing for entry
onto private property for sounding and drilling, exempting operators of
trucks hauling cement from certain regulations, and relating to the
disposal of abandoned vehicles, and providing for release of retained
funds for public improvements.
This bill was read first time and passed on file.
House File 2433, a bill for an act relating to the management of
waste tires by providing for the establishment of a waste tire
management fund, allocation of moneys to facilitate elimination of waste
tires and the establishment of future markets for waste tires, providing
for the redirection of the existing fee on certificates of title of
motor vehicles, and providing a repeal.
This bill was read first time and passed on file.
House File 2448, a bill for an act relating to public access to
criminal history data maintained by the department of public safety.
This bill was read first time and passed on file.
House File 2462, a bill for an act relating to public access to
motor vehicle records and providing a conditional repeal and an
effective date.
This bill was read first time and passed on file.
APPENDIX
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
H.F. 2407 State Government
H.F. 2413 Commerce
H.F. 2433 Natural Resources, Environ. & Energy
H.F. 2449 State Government
H.F. 2462 Transportation
PETITIONS
The following petitions opposing legislation which would restrict
Iowa utilities from offering nonutility services were presented and
placed on file by:
Senator Bennett from 74 residents of Crawford and Monona Counties.
Senator Freeman from 160 residents of District 5.
Senator Gronstal from 248 residents of Pottawattamie County.
Senator McLaren from 40 residents of Cass, Freemont and Mills
Counties.
Senator Sorensen from 68 residents of Carroll and Greene Counties.
REPORTS OF COMMITTEE MEETINGS
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM
Convened: March 14, 1996, 1:36 p.m.
Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
Member; Bennett, Boettger, Borlaug, Flynn, Giannetto, Kibbie, Sorensen,
Szymoniak and Vilsack.
Members Absent: Maddox (excused), McKean and Palmer.
Committee Business: Assigned bills to subcommittees; approved SSB 2341
as a committee bill; deferred action on House File 2234.
Adjourned: 2:16 p.m.
WAYS AND MEANS
Convened: March 14, 1996, 11:30 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Murphy, Neuhauser, Priebe and Vilsack.
Members Absent: Szymoniak (excused).
Committee Business: Assigned bills to subcommittees; discussed, amended
and approved Senate File 2425 as a committee bill; recommended passage
of Senate Files 2426, 2429, 2221 and 2266.
Adjourned: 12:08 p.m.
WAYS AND MEANS
Convened: March 14, 1996, 3:18 p.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 Business: Reconsidered SSB 2343, amended and approved SSB 2343
as a committee bill.
Adjourned: 3:28 p.m.
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: SENATE FILE 2450 (formerly Senate File 2425), a bill
for an act establishing certain registration and title plant
requirements for persons preparing abstracts of title to real property,
establishing a title plant board of examiners, providing for fees and
the use of those fees, and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Palmer, Connolly, Deluhery, Drake, Freeman,
Iverson, Neuhauser, Priebe and Vilsack. Nays, 3: Husak, Bennett and
Hedge. Absent or not voting, 3: McLaren, Murphy and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MR. PRESIDENT: The Secretary of the Senate respectfully reports
that the following bills have been enrolled, signed by the President of
the Senate and the Speaker of the House, and presented to the Governor
for his approval on this 18th day of March, 1996:
Senate Files 2135 and 2083.
JOHN F. DWYER Secretary of the Senate
STUDY BILL RECEIVED
SSB 2345
Appropriation
Relating to providing direct patient access to primary eye care
providers and providing remedies.
SUBCOMMITTEE ASSIGNMENTS
Senate Concurrent Resolution 113
STATE GOVERNMENT: Drake, Chair; Fink and Lundby
House File 2190
STATE GOVERNMENT: Gronstal, Chair; Bennett and Kibbie
House File 2315
STATE GOVERNMENT: Connolly, Chair; Gronstal and Lind
House File 2443
HUMAN RESOURCES: Szymoniak, Chair; Hammond and Tinsman
House File 2472
APPROPRIATIONS: Fraise, Chair; Iverson and Murphy
House File 2477
APPROPRIATIONS: Kibbie, Chair; Kramer and Murphy
SSB 2345
APPROPRIATIONS: Husak, Chair; Iverson and Neuhauser
EXPLANATION OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
Thursday, March 14, 1996. Had I been present, I would have voted nay on
amendment S-5357 to Senate File 2448 and aye on Senate Files 2448 and
2419 and House File 2247.
MIKE CONNOLLY
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate chamber:
Fourteen students, members of the Jackson County 4-H program,
Maquoketa, accompanied by Judy Connolly and Wanda Cornelius. Senator
Flynn.
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which Senate File
2411 passed the Senate on March 18, 1996.
JACK RIFE
SIMILAR AND COMPANION BILLS RECEIVED
On March 18, 1996, House File 2362 was received and attached to
similar Senate File 2330 on the Senate calendar.
On March 18, 1996, House File 2419 was received and attached to
similar Senate File 2349 on the Senate calendar.
On March 18, 1996, House File 2448 was received and attached to
similar Senate File 2210 on the Senate calendar.
On March 18, 1996, House File 2370 was received and attached to
companion Senate File 2429 on the Senate calendar.
AMENDMENTS FILED
S-5362 S.F. 2335 Merlin E. Bartz
S-5363 H.F. 2477 Eugene Fraise
S-5364 S.F. 2335 Tony Bisignano
S-5365 S.F. 2424 Tom Vilsack
S-5366 S.F. 2012 Tony Bisignano
S-5367 S.F. 2365 Tony Bisignano
S-5368 S.F. 2281 Michael E. Gronstal
S-5369 S.F. 2180 Tony Bisignano
S-5370 S.F. 2421 Eugene Fraise
S-5371 S.F. 2203 Elaine Szymoniak
S-5372 S.F. 2365 Michael E. Gronstal
S-5373 S.F. 2399 Elaine Szymoniak
S-5374 S.F. 2383 Randal J. Giannetto
S-5375 S.F. 2365 Michael E. Gronstal
S-5376 S.F. 2372 Bill Fink
S-5377 S.F. 2195 Derryl McLaren
John W. Jensen
Donald B. Redfern
S-5378 S.F. 2195 Derryl McLaren
John W. Jensen
Donald B. Redfern
S-5379 S.F. 2195 Derryl McLaren
S-5380 S.F. 2449 Merlin E. Bartz
S-5381 S.F. 2063 Mike Connolly
John P. Kibbie
Larry Murphy
S-5382 S.F. 2085 Jim Lind
S-5383 S.F. 2349 Brad Banks
Derryl McLaren
S-5384 S.F. 2421 O. Gene Maddox
S-5385 S.F. 2195 Jim Lind
S-5386 S.F. 2281 Michael E. Gronstal
S-5387 H.F. 2383 Berl E. Priebe
S-5388 S.F. 2450 Merlin E. Bartz
S-5389 H.F. 2140 Merlin E. Bartz
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 6:27 p.m., until
9:00 a.m., Tuesday, March 19, 1996.
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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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