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SEVENTY-EIGHTH CALENDAR DAY
FORTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, March 25, 1996
The Senate met in regular session at 1:45 p.m., President Boswell
presiding.
Prayer was offered by the Reverend Gerald McGee, pastor of the
United Methodist Church, Rockwell City, Iowa.
The Journal of Thursday, March 21, 1996, was approved.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Jensen and Bartz until they arrive and Senators Iverson
and Kramer for the day on request of Senator Rife.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that House Files
2366 and 2413 be referred from the Regular Calendar to the committee on
Ways and Means.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that the
following bills on the Senate Calendar no longer eligible under Senate
Rule 60 be referred to committee.
AGRICULTURE
Senate Files 2339, 2340, 2369 and 2397.
BUSINESS & LABOR
Senate Files 188 and 2027.
COMMERCE
Senate Files 2116, 2134, 2261, 2290 and 2398.
HUMAN RESOURCES
Senate Files 2078, 2102, 2172, 2174 and 2388.
JUDICIARY
Senate Files 2152, 2360, 2376, 2377, 2379, 2386, 2393, 2400, 2401,
2414, 2418 and 2426.
LOCAL GOVERNMENT
Senate Files 198 and 2124.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Senate Files 415, 2041 and 2060.
STATE GOVERNMENT
Senate Files 2090, 2333 and 2384.
TRANSPORTATION
Senate Files 2112 and 2347.
President pro tempore Bisignano took the chair at 1:53 p.m.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 43 present, 7 absent and a quorum present.
SUBCOMMITTEE ASSIGNMENTS FOR
APPOINTMENTS TO BOARDS AND COMMISSIONS
In accordance with Senate Rule 59, the following senators were
appointed to subcommittees of standing committees on March 20 and 21,
1996, to investigate the appointment and reappointment of the following
Governors appointees:
AGRICULTURE
As members of the Agricultural Development Authority:
STEVEN A. BASLER: Boswell, Chair; Black and Fraise
SONJA L. LARSEN: Hedge, Chair; Boswell and Judge
DIANA L. STADTMUELLER: Lundby, Chair; Sorensen and Priebe
As members of the Iowa Grain Indemnity Fund Board:
MARIE G. ELLINGSON: Lundby, Chair; Husak and Palmer
CAROLYN A. ROBERTS: Banks, Chair; Fraise and Giannetto
As a member of the State Soil Conservation Committee:
RUSSELL L. BRANDES: McLaren, Chair; Judge and Black
BUSINESS AND LABOR
As a member of the Employment Appeal Board:
HARRISON WEBER: Iverson, Chair; Banks and Connolly
As members of the Public Employment Relations Board:
DAVID D. KNOCK: Dearden, Chair; Gettings and Iverson
M. SUE WARNER: Maddox, Chair; Freeman and Dvorsky
COMMERCE
As members of the Credit Union Review Board:
MARGARET M. CHADWELL: Gettings, Chair; Deluhery and Redfern
ERNEST W. GILSON: Gettings, Chair; Deluhery and Redfern
COMMUNICATIONS AND INFORMATION POLICY
As a member and Chair of the Iowa Telecommunications and Technology
Commission:
RICHARD H. OPIE: Dvorsky, Chair; Deluhery and McLaren
EDUCATION
As a member of the Iowa Higher Education Loan Authority:
HARRIET B. GOTTLIEB: Deluhery, Chair; Tinsman and Neuhauser
As a member of the School Budget Review Committee:
MARILYN J. PERKINS: Hammond, Chair; Lind and Dvorsky
As members of the State Board of Education:
SUSAN J. CLOUSER: Hammond, Chair; Connolly and Rensink
CORINE A. HADLEY: Connolly, Chair; Kramer and Redfern
MARY JEAN MONTGOMERY: Kibbie, Chair; Connolly and Rensink
GENE E. VINCENT: Deluhery, Chair; Tinsman and Connolly
As a member of the State Board of Regents:
ROGER L. LANDE: Neuhauser, Chair; Deluhery, Redfern, Tinsman and
Connolly
HUMAN RESOURCES
As members of the Athletic Trainer Advisory Board:
DR. KENNETH W. CALDWELL: Boettger, Chair; Szymoniak and Bartz
DR. MARY L. KHOWASSAH: Tinsman, Chair; Neuhauser and Kramer
DR. RICK D. WILKERSON: Bartz, Chair; Hansen and Neuhauser
As members of the Board of Behavioral Science Examiners:
REBECCA S. BEACH: Hammond, Chair; Tinsman and Vilsack
DR. THOMAS J. HENRICH: Boettger, Chair; Tinsman and Vilsack
DOMINICK D. PELLEGRENO: Szymoniak, Chair; Dvorsky and Kramer
As members of the Board of Physician Assistant Examiners:
RUTH A. DAGGETT: Boettger, Chair; Bartz and Szymoniak
DR. LAINE D. DVORAK: Szymoniak, Chair; Kramer and Bartz
As a member of the Commission for the Blind:
MARIAN A. WILLIAMS: Tinsman, Chair; Bartz and Vilsack
As members of the Commission of Elder Affairs:
CRAIG J. DOWNING: Tinsman, Chair; Boettger and Hansen
DR. VENNETTA M. FIEDLER: Bartz, Chair; Boettger and Vilsack
As members of the Commission on Community Action Agencies:
KEVIN J. BEAUVAIS: Hansen, Chair; Tinsman and Dvorsky
BETTE L. CRUMRINE: Boettger, Chair; Hansen, and Tinsman
NANCY J. GARBERSON: Tinsman, Chair; Bartz and Vilsack
As members of the Commission on the Deaf:
SHARON LEHMANN: Boettger, Chair; Dvorsky and Bartz
BRENDA KRUSE-McCONVILLE: Bartz, Chair; Kramer and Neuhauser
LOREN J. WOODS: Kramer, Chair; Vilsack and Boettger
As members of the Commission on the Status of Women:
SANDRA J. BLODGETT: Boettger, Chair; Kramer and Vilsack
JUDGE BROWN, JR.: Tinsman, Chair; Bartz and Vilsack
DENNIS J. BULLOCK: Hansen, Chair; Dvorsky and Boettger
DR. SCHARRON A. CLAYTON: Boettger, Chair; Tinsman and Hammond
SHAWN E. MULLEN: Kramer, Chair; Bartz and Hammond
As members of the Community Health Management Information System
Governing Board:
DR. BETH K. BRUENING: Hansen, Chair; Boettger and Vilsack
SCOTT M. HARRISON: Kramer, Chair; Szymoniak and Tinsman
MARABETH K. SONESON: Bartz, Chair; Hammond and Tinsman
PAMELA W. VAP: Bartz, Chair; Boettger and Neuhauser
As a member of the Council on Human Services:
RUSSELL T. SPORER: Szymoniak, Chair; Vilsack and Tinsman
As members of the Iowa Council on Human Investment:
ARLENE DAYHOFF: Szymoniak, Chair; Dvorsky and Tinsman
THOMAS M. GLENN: Szymoniak, Chair; Boettger and Bartz
As members of the Mental Health and Developmental Disabilities
Commission:
LORI A. BEARS: Tinsman, Chair; Boettger and Szymoniak
DR. MARILEE FREDERICKS: Kramer, Chair; Vilsack and Bartz
FRANK H. HERMSEN: Tinsman, Chair; Boettger and Szymoniak
JESSIE GINGER L. KUHL: Szymoniak, Chair; Tinsman and Boettger
JUDICIARY
As a member of the Board of Parole:
ELIZABETH R. WALKER: Giannetto, Chair; Hammond and Drake
LOCAL GOVERNMENT
As members of the City Development Board:
DENNIS A. PLAUTZ: Halvorson, Chair; Sorensen and McKean
NITA L. TAGGART: Maddox, Chair; Black and Fraise
NATURAL RESOURCES, ENVIRONOMENT AND ENERGY
As members of the Renewable Fuels and Coproducts Advisory
Committee:
A.H. COOPER: Lundby, Chair; Sorensen and Dearden
ERIC C. SEUREN: Hedge, Chair; Judge and Fink SMALL BUSINESS,
ECONOMIC DEVELOPMENT, AND TOURISM
As Director of the Office for State-Federal Relations:
PHILIP C. SMITH: Giannetto, Chair; Zieman and Palmer
As members of the Iowa Economic Development Board:
JOAN Y. PHILLIPS: Sorensen, Chair; Judge and Borlaug
CHARESE E. YANNEY: Hansen, Chair; Bennett and Vilsack
As members of the Iowa Seed Capital Corporation:
JOHN B. PARKS: Boettger, Chair; Bennett and Flynn
L. JEANNE PARTLOW: Szymoniak, Chair; Judge and Borlaug
RANDOLPH P. STEIG: Maddox, Chair; Palmer and Flynn
As members of the Small Business Advisory Council:
GEORGE O. BARTON: Boettger, Chair; Bennett and Flynn
FRANCES S. FLECK: Szymoniak, Chair; Judge and Borlaug
KARLA WRIGHT: Boettger, Chair; Bennett and Flynn
As members of the Wallace Technology Transfer Foundation of Iowa:
PAUL C. JOHNSON: Kibbie, Chair; Palmer and Bennett
JANICE K. LAUE: Maddox, Chair; Vilsack and Flynn
DR. NANCY J. TOMES: Maddox, Chair; McKean and Flynn
STATE GOVERNMENT
As members of the Accountancy Examining Board:
DOROTHY R. DUNPHY: McLaren, Chair; Sorensen and Dearden
PAUL S. STAVE: Kibbie, Chair; Gronstal and Drake
As members of the Alcoholic Beverages Commission:
ROBERT L. CRAMER: Sorensen, Chair; Lind and Connolly
DICK C. STOFFER: Lind, Chair; Connolly and Sorensen
As members of the Architectural Examining Board:
GWENDOLYN S. ECKLUND: Bennett, Chair; Dearden and Sorensen
GORDON E. MILLS: Connolly, Chair; Fink and Bennett
KATHERINE L. SCHWENNSEN: Bennett, Chair; Dearden and Sorensen
As members of the Board for the Licensing and Regulation of Hearing
Aid Dealers:
JILL M. ROBINSON: Lind, Chair; Fink and Connolly
PATRICIA K. STARK: Connolly, Chair; Fink and Lind
As members of the Board of Barber Examiners:
RAYMOND D. BARKER: Dearden, Chair; Sorensen and Rittmer
SUZANNE J. PALMER: Lind, Chair; Fink and Giannetto
As members of the Board of Chiropractic Examiners:
DR. MARK A. KRUSE: Drake, Chair; Sorensen and Giannetto
HALEEN E. PELLETT: Bennett, Chair; Sorensen and Dearden
DR. JOHN W. QUINLAN: Connolly, Chair; Fink and Lundby
As members of the Board of Cosmetology Arts and Sciences Examiners:
DAVID O. CREIGHTON: Bisignano, Chair; Gronstal and Lind
KENNETH M. LANG: Kibbie, Chair; Gronstal and Drake
MARY BETH MYERS: McLaren, Chair; Fink and Halvorson
CATHERINE I. WARD: McLaren, Chair; Fink and Halvorson
As members of the Board of Dental Examiners:
MARILYN K. CORWIN: Lind, Chair; Fink and Gronstal
DR. BRUCE C. HEILMAN: Lundby, Chair; Kibbie and Gronstal
ANNE E. ZIMMERMAN: Rittmer, Chair; Kibbie and Gronstal
As a member of the Board of Dietetic Examiners:
KATHY E. BUFFINGTON: Bennett, Chair; Bisignano and Fink
As members of the Board of Medical Examiners:
DR. EDDIE D. DeHAAN: Halvorson, Chair; Kibbie and Lind
DR. ALLEN J. ZAGOREN: Lind, Chair; Halvorson and Kibbie
As members of the Board of Mortuary Science Examiners:
RUTH A. OHDE: Halvorson, Chair; Sorensen and Lundby
SHIRLEY A. PENNINGTON: Rittmer, Chair; Gronstal and Kibbie
As members of the Board of Nursing Examiners:
SANDRA BANE: McLaren, Chair; Connolly and Halvorson
RODMON C. BELL: McLaren, Chair; Connolly and Halvorson
ANNA C. FALLON: Halvorson, Chair; Connolly and McLaren
As members of Board of Optometry Examiners:
DR. DONOVAN L. CROUCH: Bennett, Chair; Gronstal and Kibbie
DR. LARRY W. HICKS: Lundby, Chair; Gronstal and Kibbie
As members of the Board of Pharmacy Examiners:
DR. MELVIN L. GRUNDLEGER: Kibbie, Chair; Rittmer and Gronstal
MARY P. MITCHELL: Gronstal, Chair; Rittmer and Kibbie
PHYLLIS A. OLSON: Rittmer, Chair; Kibbie and Gronstal
MATTHEW OSTERHAUS: Connolly, Chair; Rittmer and Gronstal
As members of the Board of Physical and Occupational Therapy
Examiners:
KATHRYN D. EILERS: Rittmer, Chair; Gronstal and Kibbie
DANIEL L. MACK: Sorensen, Chair; Dearden and Bennett
DEBORAH J. MEHLOP: Dearden, Chair; Sorensen and Rittmer
As members of the Board of Podiatry Examiners:
DR. RONALD D. LEE: Drake, Chair; Connolly and Halvorson
CHERYL A. SEMERAD: Drake, Chair; Connolly and Halvorson
As members of the Board of Psychology Examiners:
DR. ROBERT D. JONES: Giannetto, Chair; Rittmer and Sorensen
MADONNA J. McGUIRE: Rittmer, Chair; Giannetto and Sorensen
DR. KUROSH R. SHAHRIARI: Giannetto, Chair; Rittmer and Sorensen
As members of the Board of Social Work Examiners:
BRUCE D. BUCHANAN: Bisignano, Chair; Kibbie and Lind
LINDA L. SICKELS: Bisignano, Chair; Kibbie and Lind
As members of the Board of Speech Pathology and Audiology
Examiners:
PATSY A. HASTINGS: Sorensen, Chair; Dearden and Lundby
JILL M MILLER: McLaren, Chair; Dearden and Kibbie
As members of the Commission of Veterans Affairs:
MICHAEL A. SCHEIBELER: McLaren, Chair; Giannetto and Kibbie
ROBERT O. STEBEN: Drake, Chair; Giannetto and Kibbie
MARY ELLEN WHITE: Giannetto, Chair; Kibbie and McLaren
As members of the Commission on the Status of African-Americans:
THERESA E. CLARK: Lundby, Chair; Giannetto and Gronstal
TAMERA L. DIGGS-TATE: Lundby, Chair; Giannetto and Gronstal
WILFRED M. JOHNSON: Lind, Chair; Giannetto and Gronstal
DARRYL L. LIPSCOMB: Lundby, Chair; Giannetto and Gronstal
GWENDA L. NAYLOR: Halvorson, Chair; Gronstal and McLaren
JEROME THOMAS: Connolly, Chair; Gronstal and McLaren
As Director of the Department of Management:
GRETCHEN H. TEGELER: Rittmer, Chair; Gronstal and Kibbie
As Director of the Department of Personnel:
LINDA HANSON: Fink, Chair; Dearden and Lind
As members of the Engineering and Land Surveying Examining Board:
GWENDOLYN M. BOEKE: Lundby, Chair; Gronstal and Kibbie
DR. KENNETH A. BREWER: Giannetto, Chair; Fink and Drake
NICHOLAS R. KONRADY: Fink, Chair; Giannetto and Drake
As members of the Iowa Board of Veterinary Medicine:
DR. LEROY A. HOLMES: Bisignano, Chair; Fink and Lundby
NORMA D. LYON: Lundby, Chair; Bisignano and Fink
As members of the Landscape Architectural Examining Board:
DENNIS A. AUSENHUS: Bennett, Chair; Fink and Halvorson
GREGORY C. JONES: McLaren, Chair; Fink and Halvorson
JOAN F. VITALE: Fink, Chair; Halvorson and McLaren
As a member of the Lottery Board:
JAMES B. KERSTEN: Halvorson, Chair; Gronstal and Lind
As members of the Real Estate Appraiser Examining Board:
L. CRAIG HARRIS: Dearden, Chair; Gronstal and Drake
THOMAS J. KREGEL: Halvorson, Chair; Drake and Gronstal
LILLIE M. PERRY: Drake, Chair; Kibbie and Gronstal
As members of the Real Estate Commission:
THERESA A. LOFFREDO: Drake, Chair; Gronstal and Kibbie
MARK G. ODDEN: Drake, Chair; Gronstal and Kibbie
As members of State Board of Examiners for Nursing Home
Administrators:
KAREN L. BOSSARD: Sorensen, Chair; Fink and Rittmer
ROSEMARY SCHRACK: Rittmer, Chair; Fink and Sorensen
As members of the State Racing and Gaming Commission:
JACQUELYNE I. ALLEN: Lind, Chair; Bisignano and Gronstal
WILLARD BILL R. HANSEN: Connolly, Chair; Bisignano and Lind
RITA D. SEALOCK: Gronstal, Chair; Bisignano and Lind
TRANSPORTATION
As members of the Iowa Law Enforcement Academy Council:
ROXANNE L. JOHNSON: Douglas, Chair; Gettings and Fraise
DANA R. PETERSON: Gettings, Chair; Drake and Fink
As members of the State Transportation Commission:
JANICE M. JOHNSON: Jensen, Chair; Halvorson and Connolly
BONNIE L. VETTER: Dearden, Chair; Black and Lind
WAYS AND MEANS
As members of the Iowa Railway Finance Authority:
FRED E. McKIM, JR.: Bennett, Chair; Hedge and Palmer
EMIL S. PAVICH: Husak, Chair; Neuhauser and Drake
CONSIDERATION OF BILLS
(Regular Calendar)
House File 419
On motion of Senator Gettings, House File 419, a bill for an act
providing for class C area service system roads and providing a penalty,
with report of committee recommending amendment and passage, was taken
up for consideration.
Senator Gettings offered amendment S-5030 filed by the committee on
Transportation on January 31, 1996, to page 2 of the bill and moved its
adoption.
Amendment S-5030 was adopted by a voice vote.
Senator Gettings moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 419) the vote was:
Ayes, 44:
Bennett Bisignano Black Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
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, 6:
Banks Bartz Flynn Iverson
Jensen Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 121
On motion of Senator Dvorsky, House File 121, a bill for an act
relating to the taping and broadcasting of certain high school athetic
events, 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? (H.F. 121) the vote was:
Ayes, 44:
Bennett Bisignano Black Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
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, 6:
Banks Bartz Flynn Iverson
Jensen Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2107
On motion of Senator Vilsack, House File 2107, a bill for an act
relating to the requirements regarding human immunodeficiency
virus-related tests and making existing remedies applicable, with report
of committee recommending passage, was taken up for consideration.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Flynn until he arrives on request of Senator Connolly and
Senator Banks until he arrives on request of Senator Rife.
BUSINESS PENDING
House File 2107
The Senate resumed consideration of House File 2107.
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? (H.F. 2107) the vote was:
Ayes, 44:
Bennett Bisignano Black Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
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, 6:
Banks Bartz Flynn Iverson
Jensen 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)
House File 210
On motion of Senator Boettger, House File 210, a bill for an act
authorizing a court to require a criminal offender as part of a
restitution order to make financial contributions to a local anticrime
organization, with report of committee recommending passage, was taken
up for consideration.
Senator Boettger offered amendment S-5516 filed by her from the
floor to pages 1 and 2 of the bill and moved its adoption.
Amendment S-5516 was adopted by a voice vote.
Senator Boettger moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 210) the vote was:
Ayes, 41:
Bennett Bisignano Black Boettger
Borlaug Connolly Dearden Deluhery
Douglas Drake Fink Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hansen Hedge Horn
Husak Jensen Judge Kibbie
Lind Lundby Maddox McKean
McLaren Murphy Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 3:
Dvorsky Hammond Neuhauser
Absent or not voting, 6:
Banks Bartz Boswell Flynn
Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2152
On motion of Senator Palmer, House File 2152, a bill for an act
relating to the delay of the repeal for the exemption of certain
multiple employer welfare arrangements from regulation by the insurance
division and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Senator Palmer moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2152) the vote was:
Ayes, 45:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Jensen Judge Kibbie
Lind Lundby Maddox McKean
McLaren Murphy Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 5:
Banks Flynn Iverson Kramer
Neuhauser
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2187
On motion of Senator Fraise, House File 2187, a bill for an act
relating to the attachment of property to a rural water district, with
report of committee recommending passage, 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? (H.F. 2187) the vote was:
Ayes, 46:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak 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, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2259
On motion of Senator Sorensen, House File 2259, a bill for an act
relating to city sewer or water utility connections, with report of
committee recommending passage, was taken up for consideration.
Senator Rife asked and received unanimous consent that action on
House File 2259 be deferred.
House File 2310
On motion of Senator Freeman, House File 2310, a bill for an act
relating to the regulation of insurance and amending provisions
providing for setoff of premium, fraudulent submissions to insurers,
availability of certain information to insurers, length of term of the
board of directors of an insurer, notice of cancellation, delivery of
certain policies in this state, and making a penalty applicable, with
report of committee recommending passage, was taken up for
consideration.
Senator Freeman moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2310) the vote was:
Ayes, 45:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Jensen Judge Kibbie
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Zieman
Nays, 1:
Vilsack
Absent or not voting, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2408
On motion of Senator Gronstal, 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, with report of
committee recommending passage, 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? (H.F. 2408) the vote was:
Ayes, 46:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak 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, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 400
On motion of Senator Gronstal, House File 400, a bill for an act
relating to the joint purchasing of equipment by political subdivisions
of the state, with report of committee recommending passage, was taken
up for consideration.
President Boswell took the chair at 2:36 p.m.
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? (H.F. 400) the vote was:
Ayes, 13:
Bennett Connolly Dearden Douglas
Drake Dvorsky Fink Hedge
Murphy Priebe Redfern Rittmer
Sorensen
Nays, 33:
Bartz Bisignano Black Boettger
Borlaug Boswell Deluhery Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Jensen Judge Kibbie
Lind Lundby Maddox McKean
McLaren Neuhauser Palmer Rensink
Rife Szymoniak Tinsman Vilsack
Zieman
Absent or not voting, 4:
Banks Flynn Iverson Kramer
The bill not having received a constitutional majority was declared
to have failed to pass the Senate.
House File 523
On motion of Senator Boettger, House File 523, a bill for an act
relating to the establishment of minimum standards for the training of
telecommunicators, with report of committee recommending passage, was
taken up for consideration.
Senator Boettger moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 523) the vote was:
Ayes, 46:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak 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, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred March 21, 1996)
Senate Resolution 107
The Senate resumed consideration of Senate Resolution 107, a senate
resolution requesting the House of Representatives to override the
Governors item veto of certain provisions of House File 2114, deferred
March 21, 1996.
Senator Rife asked and received unanimous consent that action on
Senate Resolution 107 be deferred.
CONSIDERATION OF BILLS
(Regular Calendar)
House File 2061
On motion of Senator Hansen, House File 2061, a bill for an act
relating to the immumity from civil liability for health care peer
review committee members, with report of committee recommending passage,
was taken up for consideration.
Senator Hansen moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2061) the vote was:
Ayes, 46:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak 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, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2150
On motion of Senator Szymoniak, House File 2150, a bill for an act
relating to grandparent visitation rights, 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? (H.F. 2150) the vote was:
Ayes, 45:
Bartz Bennett Black Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
Jensen Judge Kibbie Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 1:
Bisignano
Absent or not voting, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2190
On motion of Senator Gronstal, House File 2190, a bill for an act
relating to the publication of certain notices, ordinances, and
amendments by the superintendent of printing, with report of committee
recommending passage, was taken up for consideration.
Senator Bisignano asked and received unanimous consent that action
on House File 2190 be deferred.
House File 2258
On motion of Senator Dearden, House File 2258, a bill for an act
relating to the powers of a benefited recreational lake district to
promote water quality, with report of committee recommending passage,
was taken up for consideration.
Senator Dearden moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2258) the vote was:
Ayes, 46:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak 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, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2315
On motion of Senator Connolly, House File 2315, a bill for an act
authorizing small quantities of wine to be shipped in an out of this
state for consumption or use by persons twenty-one years of age or
older, with report of committee recommending amendment and passage, was
taken up for consideration.
Senator Connolly offered amendment S-5412 filed by the committee on
State Government on March 19, 1996, to page 1 of the bill and moved its
adoption.
Amendment S-5412 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? (H.F. 2315) the vote was:
Ayes, 43:
Bartz Bisignano Black Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Fraise Freeman Gettings
Giannetto Gronstal Hammond Hansen
Hedge Horn Husak Jensen
Judge Kibbie Lind Lundby
Maddox McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 3:
Bennett Halvorson McKean
Absent or not voting, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2429
On motion of Senator Maddox, House File 2429, a bill for an act
relating to the representation of indigents and other court appointments
in criminal and juvenile proceedings and providing effective and
retroactive applicability dates, with report of committee recommending
passage, 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? (H.F. 2429) the vote was:
Ayes, 46:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak 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, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2458
On motion of Senator Hansen, House File 2458, a bill for an act
relating to the right to appointed counsel or a public defender, by
relating to the eligibility for certain indigents, the recovery of
defense costs, and by restricting the right to counsel for certain
parents in child in need of assistance cases, with report of committee
recommending amendment and passage, was taken up for consideration.
Senator Hansen asked and received unanimous consent that action on
House File 2458 be deferred.
ADOPTION OF RESOLUTION
(Regular Calendar)
House Concurrent Resolution 109
On motion of Senator Szymoniak, House Concurrent Resolution 109, a
concurrent resolution designating June 15, 1996, as the day to celebrate
the ending of slavery and to recognize the worth and value of all
people, with report of committee recommending passage, was taken up for
consideration.
Senator Szymoniak moved the adoption of House Concurrent Resolution
109, which motion prevailed by a voice vote.
CONSIDERATION OF BILLS
(Regular Calendar)
House File 2127
On motion of Senator Priebe, House File 2127, a bill for an act
relating to the exemption of certain individual property management
accounts from certification and auditing requirements, with report of
committee recommending passage, 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? (H.F. 2127) the vote was:
Ayes, 45:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak 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, 5:
Banks Flynn Iverson Kramer
Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2297
On motion of Senator Sorensen, House File 2297, a bill for an act
relating to payment of warrants drawn on levee and drainage district
funds, with report of committee recommending passage, was taken up for
consideration.
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? (H.F. 2297) the vote was:
Ayes, 46:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak 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, 4:
Banks Flynn Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
President pro tempore Bisignano took the chair at 3:37 p.m.
House File 2426
On motion of Senator Sorensen, House File 2426, a bill for an act
relating to certain certification requirements of a city or county urban
renewal area, with report of committee recommending passage, was taken
up for consideration.
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? (H.F. 2426) 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 Hammond Hansen Hedge
Horn Husak 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, 3:
Banks Iverson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
ADOPTION OF RESOLUTION
(Regular Calendar)
House Concurrent Resolution 111
On motion of Senator Boswell, House Concurrent Resolution 111, a
concurrent resolution supporting Iowa military personnel in the Bosnian
peacekeeping mission, with report of committee recommending amendment
and passage, was taken up for consideration.
Senator Boswell offered amendment S-5446 filed by the committee on
Rules and Administration on March 20, 1996, to pages 1 and 2 of the
resolution and moved its adoption.
Amendment S-5446 was adopted by a voice vote.
Senator Boswell moved the adoption of House Concurrent Resolution
111 as amended, which motion prevailed by a voice vote.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
419, 2107, 210, 2152, 2187, 2310, 2408, 523, 2150, 2258, 2315, 2429,
2127, 2297, 2426 and House Concurrent Resolutions 109 and 111 be
immediately messaged to the House.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that House File
2436 be referred to the committee on Judiciary.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that the
following bills on the Unfinished Business Calendar no longer eligible
under Senate Rule 60 be referred to committee:
S.F. 180 Local Government
S.F. 2017 Transportation
S.F. 2103 Human Resources
S.F. 2164 Judiciary
S.F. 2203 Human Resources
S.F. 2268 Local Government
S.F. 2295 Judiciary
S.F. 2416 Judiciary
MOTION TO RECONSIDER ADOPTED
Senator Murphy called up the motion to reconsider House File 2472
filed by him on March 21, 1996, found on page 981 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (H.F.
2472) the vote was:
Ayes, 41:
Bartz Bisignano Black Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Judge
Kibbie Lind Lundby Maddox
McKean Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 6:
Bennett Boettger Borlaug Jensen
McLaren Rife
Absent or not voting, 3:
Banks Iverson Kramer
The motion prevailed.
Senator Murphy moved to reconsider the vote by which House File
2472 went to its last reading, which motion prevailed by a voice vote.
The motions to reconsider the vote by which House File 2472 failed
to pass the Senate on March 21, 1996, filed by Senators Bartz and
Redfern on March 21, 1996, and found on page 981 of the Senate Journal,
were out of order.
President Boswell took the chair at 3:48 p.m.
House File 2472
On motion of Senator Fraise, House File 2472, a bill for an act
relating to and making appropriations to the justice system and
providing effective dates, was taken up for reconsideration.
The Senate stood at ease at 3:49 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 4:05 p.m., President Boswell
presiding.
BUSINESS PENDING
House File 2472
The Senate resumed consideration of House File 2472.
The Chair ruled amendment S-5512 filed by Senator Fraise from the
floor to amendment S-5465, out of order.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Kibbie until he returns on request of Senator Palmer.
BUSINESS PENDING
House File 2472
The Senate resumed consideration of House File 2472.
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? (H.F. 2472) the vote was:
Ayes, 39:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hansen Hedge Horn Husak
Judge Lundby Maddox McKean
Murphy Neuhauser Palmer Priebe
Redfern Rensink Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 7:
Borlaug Hammond Jensen Lind
McLaren Rife Rittmer
Absent or not voting, 4:
Banks Iverson Kibbie Kramer
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 House File
2472 be immediately messaged to the House.
UNFINISHED BUSINESS
(Deferred March 21, 1996)
House File 2416
The Senate resumed consideration of 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, and amendment S-5464 by
the committee on Appropriations to strike everything after the enacting
clause of the bill and amendment S-5510 by Senator Judge to page 21 of
amendment S-5464, deferred March 21, 1996.
Senator Vilsack offered amendment S-5488 filed by him from the
floor to pages 2 and 3 of amendment S-5464.
Senator Judge called for a division of amendment S-5488: lines 3
and 4 as division S-5488A and line 5 as division S-5488B.
Senator Vilsack moved the adoption of division S-5488A, which
motion lost on a voice vote.
Senator Vilsack moved the adoption of division S-5488B, which
motion prevailed on a voice vote.
Senator Rittmer withdrew amendment S-5520 filed by him from the
floor to page 12 of amendment S-5464.
Senator Rittmer offered amendment S-5525 filed by Senators Rittmer
and Judge from the floor to page 12 of amendment S-5464 and moved its
adoption.
Amendment S-5525 was adopted by a voice vote.
Senator Bisignano offered amendment S-5509 filed by Senators
Bisignano, et al. , to page 16 of amendment S-5464 and requested a
division: lines 3 and 4 as division S-5509A and lines 5-16 as division
S-5509B.
Senator Bisignano asked and received uaninimous consent to withdraw
division S-5509A to amendment S-5464.
Senator Bisignano moved the adoption of division S-5509B and
requested a record roll call.
On the question Shall division S-5509B to amendment S-5464 be
adopted? (H.F. 2416) 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 Hammond Hansen Hedge
Horn Husak 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, 3:
Banks Iverson Kramer
Division S-5509B was adopted.
Senator Lundby offered amendment S-5470 filed by Senators Lundby
and Bartz on March 21, 1996, to page 17 of amendment S-5464 and moved
its adoption.
A record roll call was requested.
On the question Shall amendment S-5470 to amendment S-5464 be
adopted? (H.F. 2416) the vote was:
Ayes, 19:
Bartz Bennett Boettger Borlaug
Douglas Freeman Hedge Jensen
Lind Lundby Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Nays, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Absent or not voting, 4:
Banks Drake Iverson Kramer
Amendment S-5470 lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Drake until he returns on request of Senator Rensink.
BUSINESS PENDING
House File 2416
The Senate resumed consideration of House File 2416.
Senator Gettings offered amendment S-5487 filed by Senators
Gettings, et al., on March 21, 1996, to pages 17 and 18 of amendment
S-5464.
Senator Gettings asked and received unanimous consent that action
on amendment S-5487 to amendment S-5464 be deferred.
Senator Lind asked and received unanimous consent that action on
amendment S-5526 filed by Senators Lind and Freeman from the floor to
pages 17 and 18 of amendment S-5464 be deferred.
Senator Rife asked and received unanimous consent that action on
amendment S-5501 filed by him on March 21, 1996, to page 20 of amendment
S-5464 be deferred.
Senator McKean offered amendment S-5528 filed by Senators McKean,
et al., from the floor to pages 19 and 22 of amendment S-5464.
Senator Bisignano raised the point of order that amendment S-5528
was not germane to amendment S-5464.
The Chair ruled the point well taken and amendment S-5528 out of
order.
Senator Bisignano asked and received unanimous consent that action
on amendment S-5515 filed by him from the floor to pages 20 and 22 of
amendment S-5464 be deferred.
Senator Black offered amendment S-5517 filed by him from the floor
to page 20 of amendment S-5464.
Senator Lind raised the point of order that amendment S-5517 was
not germane to amendment S-5464.
The Chair ruled the point well taken and amendment S-5517 out of
order.
Senator Gettings moved the adoption of amendment S-5487 to pages 17
and 18 of amendment S-5464, previously deferred.
A record roll call was requested.
On the question Shall amendment S-5487 to amendment S-5464 be
adopted? (H.F. 2416) the vote was:
Ayes, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Nays, 19:
Bartz Bennett Boettger Borlaug
Douglas Freeman Hedge Jensen
Lind Lundby Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Absent or not voting, 4:
Banks Drake Iverson Kramer
Amendment S-5487 was adopted.
With the adoption of amendment S-5487 to amendment S-5464, the
Chair ruled amendment S-5526 by Senators Lind and Freeman to amendment
S-5464, previously deferred, out of order.
The Senate resumed consideration of amendment S-5501 by Senator
Rife to page 20 of amendment S-5464, previously deferred.
Senator Judge raised the point of order that amendment S-5501 was
not germane to amendment S-5464.
The Chair ruled the point well taken and amendment S-5501 out of
order.
The Senate resumed consideration of amendment S-5515 by Senator
Bisignano to pages 20 and 22 of amendment S-5464, previously deferred.
Senator Murphy raised the point of order that amendment S-5515 was
not germane to amendment S-5464.
The Chair ruled the point well taken and amendment S-5515 out of
order.
Senator Freeman asked and received unanimous consent that action on
amendment S-5464 as amended and House File 2416 be deferred.
BUSINESS PENDING
Senate Resolution 107
The Senate resumed consideration of Senate Resolution 107, a senate
resolution requesting the House of Representatives to override the
Governors item veto of certain provisions of House File 2114, previously
deferred.
Senator Lind offered amendment S-5519 filed by him from the floor
to page 2 of the resolution.
Senator Sorensen offered amendment S-5524 filed by him from the
floor to amendment S-5519 and moved its adoption.
Amendment S-5524 was adopted by a voice vote.
Senator Lind withdrew amendment S-5519 as amended.
Senator Sorensen moved the adoption of Senate Resolution 107.
A record roll call was requested.
On the question Shall the resolution be adopted? (S.R. 107) the
vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Nays, 17:
Bennett Boettger Douglas Freeman
Hedge Jensen Lind Lundby
Maddox McKean Redfern Rensink
Rife Rittmer Tinsman Zieman
Absent or not voting, 6:
Banks Bartz Borlaug Drake
Iverson Kramer
The motion prevailed and the resolution was adopted.
BUSINESS PENDING
House File 2416
The Senate resumed consideration of 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, and amendment S-5464 as
amended, previously deferred.
Senator Connolly withdrew amendment S-5532 filed by him from the
floor to page 17 of amendment S-5464.
Senator Freeman offered amendment S-5531 filed by Senators Freeman,
et al., from the floor to page 20 of amendment S-5464.
Senator Judge raised the point of order that amendment S-5531 was
not germane to amendment S-5464.
The Chair ruled the point well taken and amendment S-5531 out of
order.
Senator Judge moved the adoption of amendment S-5464 as amended,
which motion prevailed by a voice vote.
Senator Judge moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2416) the vote was:
Ayes, 31:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Jensen Judge
Kibbie Maddox McKean Murphy
Neuhauser Palmer Priebe Rittmer
Sorensen Szymoniak Vilsack
Nays, 15:
Bartz Bennett Boettger Borlaug
Douglas Freeman Hedge Lind
Lundby McLaren Redfern Rensink
Rife Tinsman Zieman
Absent or not voting, 4:
Banks Drake Iverson Kramer
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 House File
2416 be immediately messaged to the House.
HOUSE MESSAGES RECEIVED
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 25, 1996, passed the following bills in which the
concurrence of the House was asked:
Senate File 2080, a bill for an act relating to nonsubstantive
Code corrections, and providing effective and retroactive applicability
dates.
Senate File 2121, a bill for an act providing for auditing
practices by the Iowa state fair board.
Senate File 2219, a bill for an act relating to the midwest
interstate compact on low-level radioactive waste and establishing a
penalty.
Senate File 2270, a bill for an act amending the uniform
commercial code relating to letters of credit and providing an effective
date.
Senate File 2331, a bill for an act prohibiting certain uses and
false representations relating to academic degrees, grades, or honors,
and providing a penalty.
Senate File 2336, a bill for an act providing for the selection
and tenure of the executive director of the agricultural development
authority.
Senate File 2337, a bill for an act relating to receiverships
regarding the administration of the assets of grain dealers.
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.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: March 21, 1996, 8:08 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Banks, Ranking
Member; Black, Boswell, Douglas, Fraise, Hedge, Husak, Lundby and
Zieman.
Members Absent: Giannetto, McLaren, Palmer and Sorensen (excused).
Committee Business: Recommended confirmation of governors appointees to
en bloc calendar.
Adjourned: 8:25 a.m.
BUSINESS AND LABOR
Convened: March 21, 1996, 1:00 p.m.
Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking
Member; Connolly, Giannetto, Hammond, Iverson and Maddox.
Members Absent: Banks and Dvorsky (both excused).
Committee Business: Recommended passage of House Files 308 and 2412;
placed governors appointee David Knock on individual calendar without
recommendation; recommended confirmation of governors appointees
Harrison Weber and M. Sue Warner.
Adjourned: 1:08 p.m.
COMMERCE
Convened: March 21, 1996, 4:15 p.m.
Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
Member; Bartz, Douglas, Freeman, Gettings, Gronstal, Hedge, Husak,
Palmer, Priebe and Redfern.
Members Absent: Bisignano and Flynn (both excused).
Committee Business: Recommended passage of House File 2369 as amended.
Adjourned: 4:18 p.m.
EDUCATION
Convened: March 21, 1996, 8:35 a.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Deluhery, Dvorsky, Fink, Iverson, Lind, Neuhauser, Rensink and
Szymoniak.
Members Absent: Hammond, Kramer, Murphy and Tinsman (all excused).
Committee Business: Assigned bills to subcommittees; recommended passage
of House File 455.
Adjourned: 8:37 a.m.
LOCAL GOVERNMENT
Convened: March 21, 1996, 1:17 p.m.
Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
Member; Black, Fraise, Halvorson, Judge, Rittmer and Zieman.
Members Absent: McKean.
Committee Business: Assigned governors appointees and bill to
subcommittees; recommended passage of House File 2427.
Adjourned: 1:25 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: March 21, 1996, 2:12 p.m.
Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge,
Kibbie, Priebe, Rensink and Sorensen.
Members Absent: none.
Committee Business: Assigned bill to subcommittee; recommended passage
of House Files 2433 and 2306 as amended.
Recessed: 3:00 p.m.
Reconvened: March 21, 1996, 8:25 p.m.
Members Present: Fink, Chair; Black, Vice Chair; Dearden, Deluhery,
Gronstal, Kibbie, Priebe and Sorensen.
Members Absent: Lundby, Ranking Member; Banks, Borlaug, Freeman, Hedge,
Judge and Rensink (all excused).
Committee Business: Recommended passage of House File 2383; House File
395 failed recommendation for passage.
Adjourned: 8:35 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Convened: March 21, 1996, 1:35 p.m.
Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
Member; Bennett, Boettger, Borlaug, Giannetto, Kibbie, Maddox, McKean,
Palmer, Sorensen, Szymoniak and Vilsack.
Members Absent: Flynn (excused).
Committee Business: Recommended confirmation of governors appointee;
recommended passage of House File 2234 as amended.
Adjourned; 1:57 p.m.
TRANSPORTATION
Convened: March 21, 1996, 1:30 p.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind
and Rittmer.
Members Absent: none.
Committee Business: Recommended passage of House Files 2436, 2113, 2207,
2350 and 2462; recommended confirmation of governors appointees.
Adjourned: 2:00 p.m.
PETITIONS
The following petitions were presented and placed on file by:
Senator Husak from 1,546 residents of Benton County opposing Glen
Muzingo getting out of prison on parole.
Senator Kibbie from 265 residents of Clay, Emmet and Dickinson
Counties opposing legislation which would restrict Iowa utilities from
offering nonutility services.
PRESENTATION OF VISITORS
Senator Borlaug welcomed the Honorable Jim Nussle, member of the
U.S. House of Representatives from Iowas second district, who was
present in the Senate chamber.
The Chair welcomed the following visitors who were present in the
Senate gallery:
Sixty eighth grade students from Urbandale Middle School,
Urbandale, accompanied by Mrs. Lauri Raker, Ms. Susie Myron and Ms. Lisa
Langen. Senator Maddox.
BILLS SIGNED BY THE GOVERNOR
A communication was received announcing that on March 21, 1996, the
Governor approved and transmitted to the Secretary of State the
following bill:
SENATE FILE 2135 - Providing for the organization of cooperative
corporations, providing for fees, and providing for penalties.
ALSO:
A communication was received announcing that on March 22, 1996, the
Governor approved and transmitted to the Secretary of State the
following bill:
SENATE FILE 13 - Relating to the establishment of a prospective
minor parents decision-making assistance program, providing penalties,
providing a repeal, and providing effective dates.
ALSO:
A communication was received announcing that on March 25, 1996, the
Governor approved and transmitted to the Secretary of State the
following bill:
SENATE FILE 376 - Relating to the regulation of credit unions by
authorizing additional powers and defining certain business
relationships and establishing a penalty.
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
121 passed the Senate on March 25, 1996.
LARRY MURPHY
MR. PRESIDENT: I move to reconsider the vote by which House File
2061 passed the Senate on March 25, 1996.
LARRY MURPHY
MR. PRESIDENT: I move to reconsider the vote by which House File
400 failed to pass the Senate on March 25, 1996.
MICHAEL E. GRONSTAL
SUBCOMMITTEE ASSIGNMENT
House File 308
BUSINESS AND LABOR: Dearden, Chair; Connolly and Iverson
REPORTS OF STANDING COMMITTEES
(Place nominees on En Bloc Confirmation Calendar)
AGRICULTURE
Pursuant to Senate Rule 59, the committee on Agriculture assigned
to investigate the following governors appointments, completed its
investigations on March 21, 1996, and recommended the appointees be
confirmed:
Steven A. Basler, Sonja L. Larsen and Diana L. Stadtmueller as
members of the Agricultural Development Authority.
Marie G. Ellingson and Carolyn A. Roberts as members of the Iowa
Grain Indemnity Fund Board.
Russell L. Brandes as a member of the State Soil Conservation
Committee.
BUSINESS AND LABOR
Harrison Weber as a member of the Employment Appeal Board.
M. Sue Warner as a member of the Public Employment Relations Board.
TRANSPORTATION
Roxanne L. Johnson and Dana R. Peterson as members of the Iowa Law
Enforcement Academy Council.
Janice M. Johnson and Bonnie L. Vetter as members of the State
Transportation Commission.
REPORT OF STANDING COMMITTEE
(Place nominee on Individual Confirmation Calendar)
BUSINESS AND LABOR
Pursuant to Senate Rule 59, the committee on Business and Labor
assigned to investigate the following governors appointment, completed
its investigation on March 21, 1996, and made no recommendation:
David D. Knock as a member of the Public Employment Relations
Board.
PLACEMENT ON INDIVIDUAL CONFIRMATION CALENDAR
MR. PRESIDENT: Pursuant to Senate Rule 59, I hereby request that
the name of M. Sue Warner to the Public Employees Relations Board be
removed from the En Bloc Confirmation Calendar and placed on the
Individual Confirmation Calendar.
DICK DEARDEN
COMMITTEE REPORTS
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Final Bill Action: HOUSE FILE 2234, a bill for an act relating to
exempting certain nonresident aliens from land ownership restrictions.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5514.
Final Vote: Ayes, 14: Hansen, Judge, Zieman, Bennett, Boettger, Borlaug,
Giannetto, Kibbie, Maddox, McKean, Palmer, Sorensen, Szymoniak and
Vilsack. Nays, none. Absent or not voting, 1: Flynn.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Dearden, Drake, Fink, Giannetto, Halvorson, Lind, McLaren and Sorensen.
Nays, none. Absent or not voting, 2: Connolly and Lundby.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EXPLANATION OF VOTE
MR. PRESIDENT: I was necessarily absent from the Senate chamber
when the vote was taken on House File 2472. Had I been present, I would
have voted aye.
JOHN P. KIBBIE
AMENDMENTS FILED
S-5512 H.F. 2472 Eugene Fraise
S-5513 H.F. 2464 Michael E. Gronstal
S-5514 H.F. 2234 Small Bus., Econ. Dev. &
Tourism
S-5515 H.F. 2416 Tony Bisignano
S-5516 H.F. 210 Nancy Boettger
S-5517 H.F. 2416 Dennis H. Black
S-5518 H.F. 2229 Don E. Gettings
S-5519 S.R. 107 Jim Lind
S-5520 H.F. 2416 Sheldon Rittmer
S-5521 H.F. 2458 Tom Vilsack
S-5522 S.F. 2104 Rod Halvorson
Jim Lind
Johnie Hammond
S-5523 H.F. 2324 Rod Halvorson
Jim Lind
Johnnie Hammond
S-5524 S.R. 107 Al Sorensen
S-5525 H.F. 2416 Sheldon Rittmer
Patty Judge
S-5526 H.F. 2416 Jim Lind
Mary Lou Freeman
S-5527 H.F. 2259 Merlin E. Bartz
S-5528 H.F. 2416 Andy McKean
Al Sorensen
Nancy Boettger
Stewart Iverson
Dennis H. Black
Rod Halvorson
Mary A. Lundby
Johnie Hammond
Randal J. Giannetto
Maggie Tinsman
S-5529 H.F. 2409 Steven D. Hansen
S-5530 H.F. 111 Mary Neuhauser
S-5531 H.F. 2416 Mary Lou Freeman
Wayne Bennett
Nancy Boettger
Sheldon Rittmer
S-5532 H.F. 2416 Mike Connolly
S-5533 S.F. 2377 Randal J. Giannetto
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 6:23 p.m., until
9:00 a.m., Tuesday, March 26, 1996.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
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